Terms of service

Who we are

Hourlify is a trading name of Divaaco Ltd (“we”, “us”), company number 09432193, registered in England and Wales. Our registered office is Apollo House, Hallam Way, Whitehills Business Park, Blackpool, England, FY4 5FS. You can contact us at hello@hourlify.co.uk.

About these terms

These terms apply to your use of Hourlify, including this website, the web app and any related services (together, the “service”). They apply when you create an account, accept an invitation to an organisation, or otherwise use the service. If you accept them for an organisation, you confirm that you have authority to bind it, and “you” then includes that organisation.

Hourlify is for business use. You confirm that you are using it for the purposes of a business, profession or organisation (including as a sole trader) and not as a consumer, and that you are at least 18 years old.

The service

Hourlify is an online service for tracking time, approving timesheets, planning resources, managing leave and expenses, and creating invoices. We may improve, change or remove features over time, and will give reasonable notice of a change that significantly reduces what you have paid for. Features described as early access or beta may change or be withdrawn at any time.

Accounts and organisations

An organisation is set up by its first administrator, who is responsible for the people they invite and for what is done with the organisation’s account. You must give accurate information, keep your sign-in details secure, and tell us promptly at security@hourlify.co.uk if you think someone else has used your account. You are responsible for everything done through your account, and for making sure the people in your organisation follow these terms.

Plans, payment and cancellation

• We offer a free trial (15 days), a free plan for one user and a paid plan at £1.99 per user per month. Prices are shown without VAT. VAT is added at checkout.
• The paid plan is billed monthly in advance by card through Stripe. Adding seats is charged pro rata for the rest of the billing period; reducing seats applies from the next billing date.
• If a payment fails we may try the card again and, if it is still unpaid after we have told you, suspend the paid features until it is paid.
• We may change our prices on at least 30 days’ notice to the account administrator. The new price applies from the first billing date after that notice, and you may cancel before then.
• You can cancel at any time. Cancellation takes effect at the end of the period you have paid for, and you keep access until then.
• Fees are non-refundable, including for part-used billing periods and unused seats, except where the law requires otherwise or where we agree otherwise in writing.
• We provide the free trial and the free plan as they are. We may change their limits or end them on reasonable notice.

Your data

You own the information you put into Hourlify (“your data”). You give us permission to store, copy and process it only as needed to provide and secure the service to you, to follow your instructions, and as required by law. You are responsible for your data: you confirm that you have the right to put it into the service and that doing so does not break the law or anyone’s rights, including the rights of the people whose information it contains. Our privacy policy explains how we handle personal data.

Data protection

For personal data that you or your organisation put into the service (such as timesheet entries, clients, projects, leave, expenses and invoices), you are the controller and we are your processor under UK data protection law. This section is the written contract that the law requires between controller and processor.

• What and why: we process this data only to provide the service for the length of your account. It relates to the people in your organisation and its clients and contacts, and includes names, work contact details, working time, leave, expenses and invoicing information.
• Your instructions: we process the data only on your documented instructions, which are these terms and what you do in the service, unless the law requires otherwise (in which case we will tell you if we lawfully can).
• Confidentiality and security: everyone we authorise to access the data is bound by confidentiality, and we keep appropriate technical and organisational measures in place, as described on our security page.
• Other providers: you authorise us to use the providers listed in our privacy policy to help us provide the service. We remain responsible for them, and we will tell the account administrator by email before we add or replace one, so you can object.
• Helping you: we will help you, taking account of the nature of the processing, to respond to requests from people about their data and to meet your security, breach-notification and impact-assessment duties. We will tell you without undue delay after we become aware of a personal data breach affecting your data.
• Ending: when your account ends, and at your request, we will delete your data or return it to you, at your choice, unless the law requires us to keep it. Until then we keep it as our privacy policy describes.
• Checks: we will give you the information you reasonably need to confirm that we are meeting this section, and allow reasonable audits you request in writing, at your cost and without disrupting the service or other customers.
• Transfers: where a provider processes personal data outside the UK, we rely on UK adequacy regulations or appropriate safeguards such as the UK International Data Transfer Addendum.

Acceptable use

You must not, and must not allow anyone else to:

• use the service unlawfully, or put unlawful, defamatory or infringing material into it;
• try to break, probe or test its security, or access accounts, data or systems you are not authorised to use, without our written permission;
• interfere with other customers’ use, or put an unreasonable load on the service;
• copy, resell, rent out or reverse engineer the service, or use it to build a competing product, except as the law allows;
• use automated means to collect data from the service, other than through features we provide.

Your responsibilities

• The service helps you track time and prepare invoices. You must check the entries, rates, calculations, tax settings and invoices before you rely on them or send them. You are responsible for making sure that invoices you send meet your legal and tax requirements, including VAT.
• We do not give accounting, tax, legal, employment or payroll advice. Decisions about your people, for example about pay, performance, leave or working time, are yours.
• You are responsible for telling the people whose time you record what information is recorded and how you use it, and for having a lawful basis for doing so.
• Keep your own copies of records that matter to you, for example by exporting reports and invoices regularly.

Availability and support

We work to keep the service available and secure, but we do not promise that it will be uninterrupted, error free or free of harmful components. We may suspend it briefly for maintenance or to deal with a security risk. Support is provided by email at hello@hourlify.co.uk on a reasonable-efforts basis, and these terms do not include a service level.

Our intellectual property

We and our licensors own the service, its software, designs and content, and all rights in them. These terms give you the right to use the service while your account is active, not to own or copy it. If you give us feedback or suggestions, we may use them without restriction or payment. Your data stays yours.

No other promises

Except as these terms say, the service is provided “as is” and “as available”. To the fullest extent the law allows, we exclude all other conditions, warranties and terms that would otherwise be implied by statute, common law or custom, and we make no promise that the service will meet your particular needs.

Liability

Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.

Subject to that:

• we are not liable to you for any loss of profit, revenue, business, contracts, goodwill or anticipated savings, for any loss or corruption of data, or for any indirect or consequential loss, whether or not it was foreseeable; and
• our total liability to you for all claims arising under or in connection with these terms in any period of twelve months is limited to the total fees you paid us in the twelve months before the event that gave rise to the claim or, if you have paid us nothing, £100.

These limits apply to every claim, whether it is made in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise. We are not responsible for services provided by others, such as payment processing, email delivery, hosting or your internet connection, or for loss caused by events outside our reasonable control, including failures of those services, power or network failures, and cyber attacks that we could not reasonably have prevented.

Claims by others

You will compensate us for the losses, liabilities and reasonable costs (including reasonable legal fees) that we suffer as a result of a claim brought by a third party that arises from your data, from your breach of these terms, or from your unlawful use of the service. We will tell you promptly about the claim, let you handle it if you ask, and give reasonable help at your cost.

Suspension and ending

• You can stop using the service at any time.
• We may suspend or end an account, with notice where we reasonably can, if you seriously or repeatedly break these terms, do not pay what you owe, or if we need to protect the service, other customers or the law. We may suspend an account immediately where there is a serious security risk or unlawful use.
• When your account ends your right to use the service stops. We may then delete your data. Where we reasonably can, we will give the account administrator notice first, and you can ask us at any time for a copy of your data or for it to be deleted.
• Anything that is meant to continue after the account ends, including payment, liability, intellectual property and these general terms, does.

Changes to these terms

We may update these terms. We will tell account administrators by email about material changes at least 30 days before they take effect. If you keep using the service after that date, you accept the new terms. If you do not accept them, you may cancel before then.

General

• Whole agreement: these terms, with our privacy policy, are the whole agreement between us about the service.
• Waiver and severance: if we do not enforce a right straight away, we have not given it up. If a part of these terms is found to be unenforceable, the rest still applies.
• Transfer: we may transfer these terms to a company that takes over the service. You may not transfer them without our written consent.
• Other people: no one other than you and us has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
• Notices: we may give you notice by email to the account administrator or by notice in the service. You can give us notice at hello@hourlify.co.uk.
• Events outside our control: neither of us is responsible for a delay or failure caused by something outside our reasonable control, except that this does not excuse a payment you owe.

Governing law and courts

These terms, and any dispute or claim arising from them or their subject matter (including non-contractual disputes), are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.