SOLUTIONS A1 END USER LICENSE AGREEMENT
By downloading, installing, and using Solutions A1 app and software (Web service), you agree to the terms and conditions of the present license and warrant that you have full authority to do so in your personal name or on behalf of a third party and that you have complete authority to bind the said party.
If you disagree with the following terms and conditions of Solutions A1 license agreement, do not download, install, copy, or access in any other manner the SOFTWARE.
- “License” means a contract whereby the copyright owner of a computer program and app, together with the other party (operator or user), defines the conditions under which the computer program and app may be used, broadcast, or modified.
- “Agreement” means the present text as well as those available on Solutions A1’s web site.
- “Solutions A1” means Solutions A1 Inc., with its head office located at 1277 des Patriotes, L’Ancienne-Lorette, Province of Québec, Canada, G2E 3W6.
- TimeStampPro means Solutions A1’s English version of its Work Time Determination app
- HorodateurPro means Solutions A1’s French version of its Work Time Determination app
- “App” means a software application, especially as downloaded by a user to a mobile device such as a cell phone or tablet.
- “Metadata” means the information specific to the cellular phones, tablets and / or computers used and the files stored in the used devices including network data, IP address, MAC address, licenses used, type of equipment, device IDs, location, content, frequency products, and component update details of Solutions A1 app, information about installed third-party products, log snippets created by Solutions A1, templates used by Solutions A1.
- “Data” means the user’s measurements of time, namely, hours worked, dates worked, dates of start and end of employment, start and end times of a workday, the geographic coordinates of the place of employment, as well as End User’s personal information proper and necessary for the adequate functioning of the App, including name, address, telephone number, social insurance number (Encrypted in the Database) when in Canada or its equivalent elsewhere in the world and salary.
- “Documentation” is all materials in printed, electronic, on Solutions A1 website or other form accompanying the Software.
- “Cloud Services” pertains to the cloud services that Solutions A1 could eventually provide to its customers. Cloud Services will be subject to an eventual third party Cloud Terms of Service Agreement retained by Solutions A1’s.
- “Risk” means the possibility or probability of loss in any form to Solutions A1’s customers, be they company owners, managers, supervisors, employees or other due to Software malfunction of any kind.
- “Software” means Solutions A1’s software program or Web service and app titled TimeStampPro in its English version and HorodateurPro in its French version.
- Beta software refers to computer Solutions A1’s software version that is undergoing testing and has not yet been officially released. The beta phase follows the alpha phase, but precedes the final version.
- “Support” means the services offered by Solutions A1 to its customers and End Users in the use of its Software and their updates and upgrades.
- “Upgrades” means raising Solutions A1’s Software to higher standard, in particular improve by adding or replacing software (programmed) components.
- “Updates” means bringing the Software up to date, the said updates generally available for download on Solutions A1’s website
- “User or End User” means the person (s) who will download the TimeStampPro and / or HorodateurPro applications and use them in their employment for the benefit of the employer.
Subject to the terms and conditions of this Agreement, Solutions A1 hereby grants its customers a non-exclusive and non-transferable right to use the Software, namely, to download, install, and access the Software.
Support and Maintenance:
Solutions A1’s Support and Maintenance Terms and Conditions are available, free of charge, at www.SolutionsA1.com, under “Our Policies”. Solutions A1 may change the Support offered at any time, effective as of the beginning of any monthly or yearly renewal period.
Limited Warranty and Disclaimer
Solutions A1’s warranty is limited to the amount of money the user may have paid Solutions A1 for the monthly or yearly use of its software and at no time will it exceed thirty-six dollars (36 $)
The Software is provided “as is” and Solutions A1 makes no representations or warranties, and disclaims all representations, warranties, and conditions, oral or written, express or implied, arising from course of performance or usage or otherwise, including, without limitation, implied warranties of quality, adequacy, title, or non-infringement.
Furthermore, Solutions A1 makes no warranty, representation, or guarantee as to the software’s use or performance and does not warrant, represent, or guarantee that the operation of the software will be failsafe, uninterrupted, or free from errors or defects.
The above disclaimer is based on the fact that End Users use their computers for different purposes. therefore, only they can implement backup plans and safeguards appropriate to their needs in the event that an error in the software causes computation problems and related data losses. For these reasons, you agree to the no-liability defined above.
Solutions A1 is sole proprietor of TimeStampPro and HorodateurPro:
- Therefore, Solutions A1 has no obligation to indemnify or defend End Users for claims asserted, in whole or in part, against technology or designs that you gave to Solutions A1 or programming that were made available by any other source than Solutions A1.
- Should there be a claim against Solutions A1’s technology, you must provide to Solutions A1 prompt written notice of any such claim against Solutions A1 software and your agreement to give Solutions A1 sole control over the defense and settlement of the claim as well as your full cooperation.
- Solutions A1 will not be responsible for any cost, expense, or compromise that you make or incur without Solutions A1 ’s prior written consent.
- Should any claim arise against Solutions A1 Software through you, Solutions A1 will terminate your license by ending the Cloud Service agreement.
Users may terminate their license at any time by uninstalling the Software and/or App or end monthly or yearly payment of license use. Solutions A1 may terminate an End User’s license in the event that End User infringes this Agreement.
The Terms and Conditions of this Agreement apply to users who agree to test or otherwise use Solutions A1 Beta Software.
- The licencing period is defined solely by Solutions A1 principals
- Beta Software may contain errors, bugs or other problems that could cause system failures and data loss. Hence, Beta Software is provided to you “AS IS” and Solutions A1 disclaims any warranty or liability obligations to you of any kind.
- Information provided by you in using Beta Software shall be used solely for evaluation purposes, debugging, bettering, updating or upgrading of said Beta Software.
- It is the End Users’ responsibility to verify for and download updated versions of Beta Software. At no time will Solutions A1 be liable for said verification and download.
Privacy and Collection of Personal or System Information
- a) Support or service subscription may employ applications and tools to collect personally identifiable, sensitive or other information about End Users including but not limited to said users such as name, address, email address, Social insurance number (Encrypted in the Database) in Canada, telephone number payment details, users’ cell phone, tablet and/or computer, stored files, network data (IP address, Mac Address etc.), licenses used, hardware type, device ID, IP address, location, content, Solutions A1 products installed, Solutions A1 components, processes and services information, frequency and details of update of Solutions A1 components, information about third party products installed, extracts of logs created by Solutions A1 , usage patterns of Solutions A1 products and specific features, in other words, the Metadata and the Data. It is important to know that access to the different elements of the solution however is protected via the User’s authentication.
- b) The collection of the Metadata as well as the Data is necessary to provide End Users with the relevant Software, Support or service subscription functionalities as ordered, to enable Solutions A1 to improve and provide its Software, Support or service. You may be required to uninstall the Software to stop further Data collection that supports these functions.
You acknowledge that the Software is subject to Canada export regulations. You shall comply with applicable export laws and regulations for the jurisdiction in which the Software will exported. You are responsible, at your own expense, for any local government permits, licenses or approvals required for importing the Software.
The Agreement and License shall be governed by and construed in accordance with the laws of the Province of Québec, Canada, without reference to principles of conflict of laws.
- Solutions A1 hereto acknowledges that by reason of its relationship with End Users, it may have access to confidential information and materials concerning End Users’ business, technology, and/or products that is confidential to the other party.
- Solutions A1 confirms herewith that it will not use in any way for its own account or the account of any third party, such Confidential Information, except as authorized by End User, and will protect Confidential Information at least to the same extent as it protects its own Confidential Information and to the same extent that a reasonable person would protect such Confidential Information
- By installing and using Solutions A1’s Software, the user acknowledges that Solutions A1 will collect and retain the name, address, telephone number, social insurance number (Encrypted in the Database) of the End User in Canada and its equivalent elsewhere in the world, the dates of the days worked, the dates of start and end of employment, the daily, weekly, monthly and annual working hours of the End User and the geographical coordinates of the End User’s workplace such as measured by the End User’s cell phone, hence the Data.
- By terminating the use of Solutions A1 license and/or uninstalling StampTimePro and/or HorodateurPro apps, Solutions A1 will automatically stop collecting the Data.
- The Confidential Information restrictions will not apply to Confidential Information that:
- is already known to the receiving party at the time of access hereunder
- becomes publicly available through no wrongful act of the receiving party,
- is independently developed by the receiving party without benefit of the disclosing party’s Confidential Information
- has been rightfully received from a third party not under obligation of confidentiality
- is required to be disclosed by law, provided the party compelled to disclose the Confidential Information provides the party owning the Confidential Information with prior written notice of disclosure adequate for the owning party to take reasonable action to prevent such disclosure, where reasonably possible.
Company mergers or other:
Solutions A1 may, at any time and without any approval or consent from its End Users, written or verbal, share and/or transfer the Agreement to an interested party that would become a business partner or sole proprietor of Solutions A1.
In such event, the third party will have the same obligations toward End Users as is written in the Agreement.