Terms of Service

1. Acceptance of Terms

By accessing or using Effort Tracker ("the Service"), an Azure DevOps extension provided by Sinaware ("we", "us", or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.

2. Description of Service

Effort Tracker is a time tracking extension for Azure DevOps that allows users to:

• Log time spent on work items
• Categorize effort by activity types
• Generate reports and export data
• Manage activity types at project and organization levels

3. Subscription and Pricing

The Service is offered under the following pricing model:

• Free Tier: Organizations with up to 5 users may use the Service at no cost.
• Paid Tier: Organizations with more than 5 users require a subscription at $1 per user per month.

Subscriptions are managed through our payment provider, Paddle. By subscribing, you also agree to Paddle's terms of service.

4. User Accounts and Access

Access to the Service is provided through your Azure DevOps account. You are responsible for:

• Maintaining the security of your Azure DevOps credentials
• All activities that occur under your account
• Ensuring your use complies with Azure DevOps terms of service

5. Data and Privacy

Your data is stored in Microsoft Azure - Switzerland North region with organization-level isolation. We do not share your data with third parties except as required to provide the Service. See our Privacy Policy for full details.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to other organizations' data
• Interfere with or disrupt the Service
• Reverse engineer or attempt to extract the source code
• Resell or redistribute the Service without authorization

7. Service Availability and Maintenance

We strive to maintain high availability but do not guarantee uninterrupted access. You acknowledge and agree that:

• No Uptime Guarantee: We do not guarantee any specific uptime percentage or service level agreement (SLA) unless separately agreed in writing.
• Scheduled Maintenance: We may perform scheduled maintenance at any time. While we will endeavor to provide advance notice when practical, we are not obligated to do so.
• Unscheduled Maintenance: Emergency or unscheduled maintenance may occur without prior notice to address security vulnerabilities, critical bugs, or infrastructure issues.
• Third-Party Dependencies: The Service depends on Microsoft Azure and Azure DevOps infrastructure. We are not liable for any downtime, performance degradation, or service interruptions caused by these third-party services.
• No Liability for Downtime: We shall not be liable for any damages, losses, or inconvenience resulting from scheduled or unscheduled maintenance, service interruptions, or unavailability of the Service for any reason.
• Feature Changes: We reserve the right to modify, suspend, or discontinue any feature of the Service at any time without prior notice or liability.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY DATA OR CONTENT

You acknowledge that you use the Service at your own risk and discretion.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• No Indirect Damages: Sinaware, its officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, business opportunities, or anticipated savings, arising from or related to your use of or inability to use the Service.
• No Liability for Third-Party Services: We are not responsible for any damages or losses caused by third-party services, including Microsoft Azure, Azure DevOps, or Paddle, or any interruptions, errors, or failures in their platforms.
• No Liability for Data: We are not liable for any loss, corruption, or unauthorized access to your data, except where caused by our gross negligence or willful misconduct.
• No Liability: In no event shall Sinaware be liable to you for any claims, damages, or losses arising from or related to the Service.
• Basis of the Bargain: You acknowledge that the fees charged reflect the allocation of risk set forth in this agreement and that we would not enter into this agreement without these limitations.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Sinaware, its officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms of Service
• Your violation of any applicable laws or regulations
• Your infringement of any third-party rights
• Any content or data you submit through the Service

11. Modifications to Terms

We reserve the right to modify these terms at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use of the Service after changes constitutes acceptance of the new terms.

12. Termination

We may terminate or suspend your access to the Service at any time for violation of these terms. You may cancel your subscription at any time through the Paddle customer portal.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

14. Entire Agreement

These Terms of Service, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Sinaware regarding the Service and supersede all prior agreements, understandings, and communications.

15. License

Effort Tracker is proprietary software owned by Sinaware. Subject to your compliance with these Terms of Service and payment of applicable subscription fees:

• You are granted a limited, non-exclusive, non-transferable license to use the Service
• You may not copy, modify, distribute, sell, or lease any part of the Service
• You may not reverse engineer or attempt to extract the source code
• All rights not expressly granted are reserved by Sinaware

This license terminates automatically if you violate these terms or cancel your subscription.

16. Contact

For questions about these Terms of Service, please contact us at legal@sinaware.com.