Terms of Use and Sale

Simple Timesheet is a SaaS time-tracking solution published and operated by Programini. These Terms of Use and Sale (the “Terms”) govern access to the Service and its subscription. They apply primarily to professional customers.

1. Identification of Programini

The Service is published and operated by Programini, a simplified joint-stock company (société par actions simplifiée) with a share capital of €50,240, whose registered office is at 3 rue du Colonel Chambonnet, 69500 Bron, France, registered with the Lyon Trade and Companies Register under number 789 739 349, VAT number FR43 789 739 349.

Contact: via the contact form.

“Simple Timesheet” is a trademark and trading name of Programini. It is not a separate legal entity. The Client’s contracting party is exclusively Programini.

2. Definitions

• Administrator: a User authorised by the Client to manage the Account, Users, settings and subscription.
• Client: a legal entity, or a natural person acting for professional purposes, who subscribes to the Service.
• Account: the space used to access the Service.
• Specific Contract: an accepted quote, Enterprise agreement, SLA, data processing agreement (DPA), security annex or support contract signed by Programini.
• Client Data: data entered, imported or generated by the Client and its Users in the Service.
• Plan: the free plan, standard paid plan or Enterprise plan, as described on the Site at the relevant time.
• Service: the Simple Timesheet solution, including its interfaces, APIs and documentation.
• Site: https://simpletimesheet.net/.
• User: a natural person authorised by the Client to use the Service.

3. Purpose and acceptance

These Terms govern access to the Service, its use and subscription to the Plans. Creating an Account, subscribing to a Plan or using the Service constitutes acceptance of the Terms and the Privacy Policy.

The Service is intended for professional customers. Anyone who subscribes on behalf of an organisation warrants that they have authority to bind that organisation.

4. Scope

These Terms apply to the standard public offering, subscribed on a self-service basis. Any specific commitment — service level, enhanced security, audit, sector requirements, priority support, guaranteed availability or penalties — may arise only from a Specific Contract.

The Client’s purchase terms, purchase orders or internal documents bind Programini only if Programini has expressly accepted them in writing.

5. Account, Administrators and Users

The Client provides accurate information, appoints one or more Administrators and remains responsible for the Users it authorises. It must promptly disable access for people who have left its organisation.

Credentials are personal and confidential. Unless a Service feature expressly allows it, an individual User account must not be shared. The Client must inform Programini of any unauthorised use or known compromise. Users must be at least 16 years old.

6. Description and evolution of the Service

Simple Timesheet generally allows time entry and tracking, project and team management, reporting and data export. Features presented on the Site are indicative only.

The Service evolves. Programini may change the interface, modify, improve, replace or remove non-essential features, deploy updates, adapt the technical architecture or integrations, and take account of technical, regulatory or security developments. The presence of a feature at a given time is not a commitment to keep it unchanged.

In the event of a material adverse change, Programini will inform the Client within a reasonable time, and at least 30 days before implementation where possible. The Client may then terminate its subscription at the end of the current period.

7. Plans and subscription

7.1 Free plan

Programini offers a free plan, limited to the number of Users indicated on the pricing page. This plan is provided without payment and without a commitment to keep it permanently. Programini may change or end it with at least three months’ notice. Creating several free Accounts to circumvent this limit is prohibited.

7.2 Paid plans

Paid plans are subscribed on a monthly or annual basis, as displayed on the Site. The features and prices that apply are those of the Plan subscribed at the relevant time.

7.3 Trial and renewal

A trial period may be offered. At the end of the trial, unless a paid Plan is subscribed, the Account switches to the free plan if the conditions are met, or access ends. Unless terminated, subscriptions renew tacitly for the same period.

7.4 Enterprise plan

Specific terms may be agreed in a Specific Contract.

8. Price, billing and payment

Prices are stated in euros excluding tax. Applicable VAT is added at the rate in force. Billing follows the frequency and rules of the Plan displayed on the Site, including the number of billable Users.

The Client authorises Programini, directly or through its payment provider, to collect amounts due on a recurring basis.

Any price change is announced at least 30 days in advance, applies no earlier than the next renewal and is never retroactive. The Client may terminate before it takes effect if it does not accept the change.

In the event of non-payment, Programini sends a reminder and then a formal notice. Without regularisation within 15 days, access may be suspended. Late-payment interest at the statutory rate applicable between professionals and a fixed recovery indemnity of €40 are due automatically.

Except where required by law or agreed in writing, amounts paid are not refunded, including if the subscription is terminated during a period.

9. Availability and SLA

Programini uses reasonable professional efforts to keep the Service available and operational. This is an obligation of means.

9.1 Availability target for the standard offering

For the standard public offering, Programini aims for a 99.9% availability target over a calendar month. This target is a service-quality indicator. It is not a guaranteed contractual SLA and does not give rise to any penalty, service credit or indemnity.

Availability means the ability to access the main functions of the Service via the Internet. The following are excluded from the calculation, in particular:

• scheduled or emergency maintenance;
• updates and security interventions;
• incidents attributable to the Client, its Users or its environment;
• unavailability of the Internet, a hosting provider, a cloud provider, a network or a third-party service;
• a cyberattack or a force majeure event;
• a suspension decided in accordance with these Terms.

9.2 What is not included unless agreed in writing

Unless a separate Specific Contract provides otherwise:

• no availability percentage is guaranteed;
• no guaranteed response time, restoration time, resolution time or workaround time is provided;
• no service penalty or service credit is due;
• no 24/7 on-call cover is included;
• no permanent telephone support is included.

Scheduled maintenance likely to have a significant impact is announced where reasonably possible. Programini endeavours to schedule it outside business hours.

A contractual SLA, service credits or enhanced support may be agreed under an Enterprise offering.

10. Support

Standard support is provided electronically, via the contact form, on business days.

Programini endeavours to provide a first response within 24 business hours. This timeframe is a service objective and not a contractual commitment to take charge of, intervene in or resolve an issue.

Priority is determined by Programini. Timeframes depend in particular on reproducibility, the Client’s cooperation, technical complexity and any third-party services involved.

11. Maintenance

Updates needed for the operation, security and evolution of the Service are included in the subscription. In an emergency, in particular a security emergency, Programini may intervene without notice and temporarily suspend all or part of the Service, then inform the Client where possible.

12. Specific commitments and Client requirements

Programini may offer specific commitments through a quote, Enterprise contract, SLA, DPA, security annex or support contract. In the event of a conflict, the signed specific document prevails only for its subject matter.

The Client’s internal policies, supplier charters, security questionnaires, frameworks, quality procedures, group standards or sector requirements bind Programini only if they have been expressly accepted in writing. No requirement arises from Programini’s silence, from use of the Service or from the commercial relationship alone.

13. Regulated sectors

Simple Timesheet is a generic time-management tool. Unless a specific written commitment is given, Programini does not warrant that the Service meets the requirements of any particular regulated sector, including pharmaceutical, healthcare, banking, insurance or defence, or frameworks such as GxP, FDA 21 CFR Part 11, HIPAA or internal standards.

The Client remains responsible for checking that the Service is suitable for its obligations. No certification (ISO 27001, HDS, SOC 2, SecNumCloud or other) is claimed unless expressly and verifiably stated.

14. Security

Programini implements reasonable technical and organisational measures appropriate to the nature of the Service, including encryption of communications, access management and monitoring of its environments. No system can be guaranteed entirely free of vulnerabilities. Programini does not guarantee absolute security.

The Client protects its credentials, manages authorisations and promptly reports any known compromise. In the event of a serious risk, Programini may temporarily suspend the relevant access, in a proportionate manner.

15. Acceptable use

The Client must not, in particular:

• use the Service for unlawful purposes or in a way that infringes third-party rights;
• attempt unauthorised access to the systems of Programini or other clients;
• reverse-engineer the Service, except as permitted by law;
• deliberately overload the Service, engage in abusive scraping or use automation likely to impair it;
• use another person’s accounts or circumvent Plan limitations;
• resell or redistribute the Service without written authorisation;
• transmit malicious content or send unsolicited communications through the Service.

16. Client Data

The Client remains the owner of its data. Programini does not claim ownership of it and does not sell it. The Client grants only the rights needed to host, process and operate the Service technically. Programini may use aggregated and anonymised statistics.

The Client warrants that it has the necessary rights over the data entered and remains responsible for its lawfulness, accuracy and content.

17. Personal data

Processing carried out by Programini for its own purposes is described in the Privacy Policy. Cookie use is described in the Cookie Policy.

When Programini processes data on the Client’s behalf in the Service, the Client is the controller and Programini is the processor. A data processing agreement (DPA) may be entered into or made available separately.

18. Hosting and subprocessors

Programini may use hosting providers, cloud providers, payment providers, email providers, monitoring tools and other technical providers. These providers may change, subject to applicable obligations. No technology or provider is contractually locked in, except under a Specific Contract. The list of subprocessors involved in personal-data processing is provided on request or in the DPA.

19. Backups

Programini implements backup and resilience arrangements appropriate to the Service. These do not constitute a guarantee that every item of data can be recovered in all circumstances. Unless a Specific Contract provides otherwise, no RPO or RTO is guaranteed. The Client should, where relevant, keep its own copies of important data exported from the Service.

20. Integrations and third-party services

The Service may interact with APIs, SSO, Microsoft or Google services, connectors, email or other tools. Those services remain governed by their own terms. Programini is not responsible for their changes, interruptions or limitations. A feature may become unavailable if a third party changes or closes its API. Programini then endeavours, where reasonably possible, to offer a reasonable alternative.

21. Intellectual property

Programini retains all rights in the software, code, architecture, trademarks, design, documentation, APIs, interfaces, components and know-how. During the subscription, the Client has a personal, non-exclusive, non-transferable right of access, limited to its internal needs.

Unless the Client objects in writing, Programini may cite the Client’s name and logo as a commercial reference, in accordance with the Client’s brand guidelines.

22. Suggestions

Improvement suggestions may be used by Programini without remuneration, provided the Client’s confidential information is not disclosed.

23. Confidentiality

Each party keeps confidential the other party’s non-public information obtained in connection with the Service. Information that is public, already lawfully known, lawfully obtained from a third party, or required to be disclosed by law is not confidential. These obligations last during the contract and for three years after it ends.

24. Suspension

Programini may suspend all or part of the Service in the event of non-payment, a breach of the Terms, a security risk, fraudulent use, harm to the Service or to third parties, a legal order or a technical emergency. The Client is informed where reasonably possible. Suspension does not result in deletion of the data. Access is restored free of charge once the cause is remedied.

25. Term and termination

The contract is entered into for the chosen subscription period and renews tacitly. The Client may terminate at any time from the interface or in writing, without charge. Termination takes effect at the end of the current period.

Programini may terminate in the event of a breach, 15 days after unused formal notice, or immediately in the event of a serious breach, as well as in the event of unpaid amounts that remain outstanding.

A free Account inactive for more than 12 months may be closed after 30 days’ notice. Any login during that period stops the process.

26. Export and reversibility

The Service’s export features are the standard mechanism for retrieving data. The Client may export its data at any time during the subscription, free of charge. After the contract ends, a 30-day period is allowed, where technically possible, for a standard export. Thereafter, the data may be deleted or anonymised, except where retention is legally required.

Any migration, special extraction, transformation or specific assistance may be charged as a separate service.

27. Liability

To the extent permitted by law, Programini is not liable for indirect loss, including loss of revenue, margin, opportunity, customers or business, reputational harm, or loss of data not directly attributable to it.

Programini’s total liability is limited to the amounts excluding tax actually paid by the Client for Simple Timesheet during the 12 months preceding the event giving rise to the claim. For the free plan or a trial, it is limited to €100. The parties acknowledge that this limitation reflects the economics of the contract and the level of the prices.

These limitations do not apply in the event of wilful misconduct, gross negligence or where the law so prohibits. Any claim must be notified within 12 months of the event giving rise to it.

The Client shall indemnify Programini against third-party claims arising from Client Data, use contrary to the Terms or infringement of third-party rights.

28. Obligation of means

Unless an express contrary commitment is set out in a Specific Contract, Programini’s obligations are obligations of means.

29. Force majeure

Neither party is liable for a failure caused by a force majeure event within the meaning of article 1218 of the French Civil Code. The following are treated as such, where they are beyond Programini’s reasonable control: a general Internet outage, a major cloud incident, a large-scale cyberattack, a natural disaster, a conflict, an external strike, an administrative decision, a power cut or a network outage.

If the event continues for more than 60 days, either party may terminate the contract without indemnity.

30. Changes to the Terms

Programini may update the Terms. In the event of a material change, the Client is informed at least 30 days in advance by email or notification in the Service. It may terminate before the change takes effect. Otherwise, continued use constitutes acceptance. Existing Specific Contracts are not affected.

31. Governing law and jurisdiction

These Terms are governed by French law. The parties shall endeavour to resolve any dispute amicably. Failing agreement within 30 days, and subject to mandatory rules, the Lyon Commercial Court has jurisdiction, including for interim proceedings or where there are multiple defendants.

32. Order of precedence

In the event of a conflict, the following order applies:

1. the signed Specific Contract, for its subject matter;
2. the quote or purchase order expressly accepted by Programini;
3. specific annexes (SLA, DPA, security);
4. these Terms;
5. the public documentation of the Service.

33. General

The applicable contractual documents constitute the entire agreement relating to the Service. Failure to exercise a right on a given occasion is not a waiver. If a clause is invalid, the others remain in force.

The Client may not assign the contract without written consent. Programini may assign it to an affiliate or to a purchaser of its business, after informing the Client.

In the event of a conflict between language versions, the French version prevails.

34. Contact

Programini — 3 rue du Colonel Chambonnet, 69500 Bron, France
Contact form