In force from 30 September 2026. Business-to-business terms. If this English text differs from the Spanish conditions, the Spanish text prevails.
Terms and conditions of the TimeGen service
These general conditions (the “Conditions”) govern the supply of the TimeGen service by TimeGen SL to the legal entity that purchases it (the “Client”). Creating an account, accepting the sign-up process, or continuing to use the service after the trial ends constitutes the Client’s acceptance of the Conditions, the data processing agreement, and the privacy policy.
1. Provider
For the purposes of article 10 of Spanish Law 34/2002 on information-society services:
- Name: TimeGen SL (“TimeGen”).
- Tax ID: B21770458.
- Registered office: Calle de Capuchinos 47, 1º, 18600 Motril (Granada), Spain.
- Contract notices: contacto@timegen.es.
- Product support: adrian@timegen.app. Telephone: +34 653 627 429. Hours: Monday to Friday, 9:00–17:00.
Inure AS, organisation number 929 145 925, Ruseløkkveien 60D, 0251 Oslo, is the contracting company on the Norwegian market. It is not the provider under these Conditions.
2. Definitions
- Service: the TimeGen online application, including the mobile application required to clock in, as described in clause 3.
- User: a person the Client authorises to access the Service.
- Client Data: the data, clock-in records, and documents that the Client or its Users enter in the Service.
- Contract: the Conditions, the data processing agreement, the order or plan, and, for visitors to the site, the privacy policy and the cookie policy.
3. Subject matter
TimeGen supplies the Client with software as a service in order to:
- record the start time and end time that the User enters;
- store the location of the device only at the moment of that stamp;
- organise crews, jobs, and documents the Client uploads, including text the Service reads from those documents by OCR.
The Service does not include, and TimeGen does not provide, continuous location tracking, processing of biometric data, payroll, bookkeeping, representation before a public authority, or legal or employment advice.
The duty to keep a daily record of working time, showing the actual start and end of each worker’s day, and to retain that record for four years at the disposal of the workers, their representatives, and the Spanish labour inspectorate, rests on the Client as employer under article 34.9 of the Spanish Workers’ Statute. The Service is a technical means. It does not replace the Client’s decision on how working time is organised, and it does not by itself prove compliance with that duty.
4. Licence
For the term of the Contract, TimeGen grants the Client a limited, non-exclusive, non-transferable, and non-sublicensable licence to use the Service in accordance with these Conditions. The Client acquires no ownership of the software, code, design, documentation, or marks. All rights not expressly granted are reserved. The Client shall not decompile the Service or use it to build a competing product, except to the extent a mandatory rule allows.
5. Trial
The Client may use the Service free of charge for fourteen (14) days from sign-up, unless the order states a different period. If the Client does not expressly cancel before that period ends, the subscription moves to the paid plan and the applicable price becomes due. Cancellation during the trial is made from the account or by email to contacto@timegen.es.
6. Term, renewal, and termination
Unless otherwise agreed in writing, the initial term is twelve (12) months from the end of the trial or, if there is no trial, from sign-up. The Contract renews for successive periods of twelve (12) months unless either party gives written notice at least thirty (30) days before the end of the then-current period.
TimeGen may suspend the Service or terminate the Contract, on notice, if the Client is in serious breach or fails to pay an invoice when due, and does not remedy the breach within fifteen (15) days of the notice. The Client may terminate with immediate effect if TimeGen is in serious breach and does not remedy it within the same period.
Termination does not release sums already accrued. Clauses which by their nature should survive, including intellectual property, confidentiality, data protection, liability, and governing law, remain in force.
7. Price and invoicing
Prices are stated exclusive of VAT and other indirect taxes, which are added where due. Invoices are issued monthly and are payable within fourteen (14) days. Late payment accrues the commercial late-payment interest under Spanish Law 3/2004 of 29 December, without prejudice to suspension and termination.
TimeGen may change prices once in each calendar year, on at least sixty (60) days’ prior notice. If the Client does not accept the change, it may terminate with effect on the date the change would apply, and will be invoiced only up to that date.
8. The Client’s duties
The Client shall use the Service in accordance with the law, these Conditions, and the rights of its workers and Users; ensure that the data it enters are relevant and up to date and that it has a lawful basis for entering them; not enter biometric data or special-category data under article 9 of Regulation (EU) 2016/679; keep credentials confidential and answer for activity under them; name a contact and keep the contact email current; and inform its workers of the working-time record to the extent employment law requires.
9. Availability
TimeGen shall use the care expected of a professional provider of online software to keep the Service available. No availability percentage, and no uninterrupted or error-free operation, is agreed. Interruptions may occur because of maintenance, updates, incidents, or failures of infrastructure providers beyond TimeGen’s reasonable control. Where planned maintenance allows, TimeGen will give reasonable prior notice.
The Service is supplied as described in the Contract. TimeGen does not warrant that it will meet a Client need other than the functions in clause 3.
10. Data protection
For Client Data relating to the Client’s Users and workers, the Client is the controller and TimeGen is the processor under article 28 of Regulation (EU) 2016/679. That processing is governed by the data processing agreement, which forms part of the Contract. If there is a conflict on data protection, that agreement prevails.
For the Client’s own contact and billing data, and for data of visitors to timegen.es, TimeGen is the controller. That processing is described in the privacy policy.
11. Security
TimeGen applies technical and organisational measures appropriate to the risk, in accordance with article 32 of Regulation (EU) 2016/679, including access control and HTTPS encryption of communications with the site. Those measures are not a named certification and are not a warranty that no incident will occur.
12. Intellectual property and data
TimeGen retains title to the Service and to the intellectual and industrial property in it. The Client retains title to the Client Data. TimeGen acquires no right in them beyond what is needed to provide the Service and to comply with the law.
13. Confidentiality
Each party shall keep confidential the other party’s non-public information obtained under the Contract, and shall use it only to perform the Contract. The duty does not cover information that is or becomes public through no breach, that the recipient already lawfully held, or that must be disclosed by law or by a competent authority. The duty lasts for five (5) years after the Contract ends, and for so long as trade secrets retain that status.
14. Liability
TimeGen is not liable for indirect loss, loss of profit, or loss of goodwill. TimeGen’s total aggregate liability arising out of the Contract is limited to the amount actually paid by the Client in the twelve (12) months before the event giving rise to the claim. If no payment was made in that period, the limit is the amount paid during the term.
This limit does not apply to wilful misconduct or gross negligence, or to any liability that cannot be limited under a mandatory rule, including article 1102 of the Spanish Civil Code. It does not reduce the non-waivable rights of data subjects against their controller.
The Client is responsible for the lawfulness of the Client Data, for the instructions it gives, and for the use it makes of clock-in records, including employment consequences it draws from them.
15. Export and retention
The Service allows the Client Data to be exported in a structured format. The Client is responsible for keeping the copies it needs for its own administration and for the statutory periods that apply to it, in particular the four-year period in article 34.9 of the Workers’ Statute. Deletion after the Contract ends is governed by the data processing agreement.
16. Changes
TimeGen may amend the Conditions for legal, security, or product reasons. The amendment will be sent to the Client’s email at least thirty (30) days in advance. If the Client does not accept it, the Client may terminate before it takes effect. Use of the Service after that date is acceptance. An amendment that only reflects a mandatory legal change may take effect without that notice period, but it will be communicated.
17. Assignment
The Client may not assign the Contract without TimeGen’s prior written consent. TimeGen may assign it to a group company, including on a corporate reorganisation, or to a successor to the Service, and will notify the Client. The assignment shall not reduce the Client’s data-protection safeguards.
18. Force majeure
Neither party is liable for a failure caused by an event beyond its reasonable control, including widespread network failures, acts of public authority, third-party labour disputes, natural disasters, or pandemics, provided it gives notice and seeks to mitigate the effect. This does not excuse payment of sums already accrued for a Service actually supplied.
19. Severability and entire agreement
If a clause is held invalid, the remainder keeps effect, and the clause is replaced by a valid one that preserves the economic purpose of the original within the law. The Contract is the entire agreement on its subject and replaces prior exchanges on the same subject.
20. Notices
Contractual notices are sent by email to the address each party has given, and take effect on the business day after sending, unless non-receipt is proved. The Client keeps the account address current. TimeGen’s address is contacto@timegen.es.
21. Law and courts
The Contract is governed by Spanish law. The parties submit to the courts of Granada and waive any other forum, except where a mandatory rule provides otherwise.
These Conditions are drafted for contracts between businesses. If a mandatory consumer-protection rule applies to a particular contracting party, it prevails over any incompatible clause, and the rest remains in force.