Terms of Service

1. Acceptance of terms and definitions

Please read these Terms of Service (“Terms”or “Terms of Service”) carefully before using the manday.iowebsite, on-line application and it’s plugins, and all services of Mandayprovided therein and operated by Sense4code s.r.o. (“Sense4code”,“us”, “we”, or “our”). These Terms of Service is a legal agreement („Agreement“).

When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the MandayServices. If you are a company, organization, institution, head of group of people, etc. (mostly the one who pays for the Service), you are referred to asa “Client”. If you are the end-user of the Service, you are referred to as a “User”. The Agreement is binding to Manday and to you (Client and/or User).

When we say “Services,” we mean our Websites, Application Programming Interfaces (APIs), applications, our content,and various third-party services that make up Manday.

When we say “Manday,” we mean our Websites and Services collectively.

When we say “Websites,” we mean ourwebsites located at manday.io, including all subdomains and sites associated with those domains, and other websites that we operate now and in the future. 

When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and our privacy policy (the “Privacy Policy”). These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and Privacy Policy. If you disagree with any part of the Terms then you may not access the Service or you should immediately stop using the Service.


2. General Rules

To use Manday, you must (a) be at least eighteen(18) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) promise to follow these rules:

  • You are responsible for all content you provide and your     activities on Manday;
  • You will use Manday in compliance with all applicable laws,     rules, and regulations;
  • You will not use Mandayto solicit the performance of any     activity which infringes our rights or the rights of others; and
  • You will not use Manday to upload, transmit, or otherwise     distribute any objectionable content, as solely determined by us.

If you break any of your promises above or any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences.

As long as you comply with our Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use Manday. Your use of Manday is at your own risk.


3. Intellectual Property

You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.

We own Manday and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of Manday,our Services, or our content on Manday without our written permission. 

You shall grant to us a royalty-free,worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into Manday or otherwise use any suggestions, enhancement requests,recommendations or other feedback that we receive from you or your agents.


4. Passwords and Accounts

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to stolen or hacked passwords.

You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.


5. Payment Terms

The free trial offer entitles new,registered users to a thirty (30) day free trial of the Services. For allplans, you authorize us to charge you according to the plan you choose at the then current plan rate, and any other charges you may incur in connection with your use of the Services, such as taxes, duties, and possible transaction fees. 

Manday may save your billing information and use it for all future charges, which will automatically be charged, unless you notify us. For recurring fees, Manday will charge you each billing period. When Client use a Service that has a fee,the Client will be charged then current fees, which we may change from time to time. Manday reserves the right to change its Payment methods.

By filling your payment information through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilise the card to effect payment.

For all accounts, there are no refunds or credits for changes to your account or changes to the number of seats in yourplan.

You can choose either monthly or yearly billing cycle. With the monthly cycle you will be charged month to month and with the yearly cycle you will be charged only each year. Anew monthly cycle starts every month on the first date and ends with the last day of the month. Yearly billing cycle begins on the day you made the subscription or when the free trial expires and ends the same day of the following year.

For any update in plan level, we will immediately charge the difference in plancost, prorated for the remaining time in your billing cycle. For any downgrade in plan level, we will automatically charge you the new rate on your next billing cycle.

We may refuse to process a transaction for any reason or refuse the Service to anyone at anytime at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.


6. Cancellation and Termination

You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by an email or phone request, that is confirmed from our side. You will not be charged after cancellation.There is no cancellation fee. 

In the event of cancellation or termination your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. We retain the right to retain or delete data provided to us by you at our sole discretion.

We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.


7. API Terms

You may access your Manday account data using the Manday API (Application Programming Interface). Any use of the API, including use of the API through a third-party product that accesses Manday, is bound by these Terms.

You expressly understand and agree that we shall not be liable for any direct, indirect,incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) resulting from your use of the API or third-party products that access your data via the API. 

Abuse or excessively frequent requests to Manday via the API may result in the temporary or permanent suspension of your access to the API. We may, at our sole discretion,determine abuse or excessive usage of the API. We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API(or any part thereof) with or without notice.


8. Indemnity

You will indemnify and hold Manday (and its officers, directors, agents,subsidiaries, joint ventures and employees) harmless from any claim, complaint,demand or damage including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You are financially liable for any of your activities, which infringe or may infringe against the rights of any third party.


9. Limitation of Liability

You expressly understand and agree that We shall not be liable for any direct, indirect,incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use or the inability to use the Service;the cost of procurement of substitute services resulting from any data,information or Services purchased or obtained or messages received or transactions entered into through or from the Service; unauthorized access toor alteration of your transmissions or data; statements or conduct of any third party on the Service; or any other matter relating to the Service. 

Manday does not warrant that: (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted,timely, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any Services,information, or other material purchased or obtained by you through the Service will meet your expectations. 

Any claim arising out of or related to use of the Service shall be filed to Manday within 90 days after the claim or cause of action accrues, otherwise it will be considered that you have no claims.

To the fullest extent permitted by law, and notwithstanding any other provision of the Agreement,the total liability, in the aggregate, of Us to the Client and its Users and/or anyone claiming by or through the Client, for any and all claims, losses, costs or damages, including attorneys’ fees and costs and expert-witness fees and costs of any nature whatsoever or claims expenses resulting from or in any way related to the Service or the Agreement from any cause or causes shall not exceed the total compensation received by the Manday under this Agreement in the 12 months preceding the cause of the action, or the total amount of EUR 1000, whichever is lower. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.


10. Publicity

You grant us the right to use your company name and logo as a reference for marketing or promotional purposes on our Websites and in other public or private communications with our existing or potential customers, subject to your standard trademark usage guidelines as provided by you to us from time-to-time. We don’t want to list you if you don’t want to be listed, so if that’s the case, please send an email to info@sense4code.com stating that you do not wish to be used as a reference.


11.Governing Law and Jurisdiction

If a dispute arises between you and Manday, we strongly encourage you to first contact us directly to seek a resolution.

Any dispute or claim arising out of or in connection with the Terms or its formation (including non-contractual disputes or claims) shall be governed by the laws of the Czech Republic. Any dispute or claim arising out of or in connection with this Terms or its formation (including non-contractual disputes or claims) shall be resolved by a court located in the Czech Republic.


12. Severability

If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.

13. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

14. No Waiver

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

15. Entire Agreement

These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of Manday, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).

15. Amendments and Changes to Manday

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. Unless explicitly stated otherwise,any new features that augment or enhance Manday shall be subject to the Terms. 

It is your responsibility to check the Terms periodically for changes. Your continued use of Manday following the posting of changes will mean that you accept and agree to the changes.

We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to Manday, or any portion of Manday for any reason; (2) to modify or change Manday, or any portion of Manday, and any applicable policies or terms; and (3) to interrupt the operation of Manday, or any portion of Manday, as necessary to perform routine or non-routine maintenance, error correction, or other changes.


16. Questions

If you have any questions regarding this Terms of Service, please contact us by email at info@sense4code.com, or please write to the following address:

Sense4code s.r.o.
Křižíkova 185/35
186 00 Prague 8
Czech Republic


Effective as of April 1, 2020.