1. Who provides the service
WorkLogTracker is a service of RMTracker S.L. (trade name RMTracker Solutions), with tax ID (CIF) B88803085 and registered office at Avenida de Andalucía 36, Local 2, 29793 Torrox (Málaga), Spain, entered in the Commercial Registry of Málaga. The full identification details appear in the legal notice.
2. Definitions
So that these terms can be read without ambiguity, the following terms have the meaning set out below:
| Service | The WorkLogTracker application for Android, iOS and browser, together with the servers and functions that make it work: working-time record, absences, work reports, incidents, reports and exports. |
|---|---|
| Customer | The company or professional that creates a company in the application and subscribes to the service. |
| Owner | The person who creates the company in the application and acts on behalf of the Customer. This person manages the subscription. |
| User | Each person whom the Customer registers to use the service, with the role the Customer assigns to them. |
| Seat | The unit on which charges are based: each active User occupies one, except the Owner. |
| Customer Data | All the information that the Customer and its Users enter into the service, including the personal data of its workforce. |
| Annex I | The data processing agreement under Article 28 of the GDPR, which forms part of these terms. |
3. Purpose and acceptance
These terms govern the subscription to and use of WorkLogTracker, a working-time record and work report application. They are accepted when the account is created and when the company is created in the application, together with the privacy policy and Annex I. A record is kept of each acceptance: who made it, when, and which version of each text was in force.
The service is aimed at companies and professionals for their business or professional activity. It is not a consumer service: whoever subscribes declares that they do so within the framework of that activity.
4. Registration, accounts and roles
Whoever creates a company in the application becomes the Owner of that account and declares that they have the capacity to bind the Customer they represent. The Owner registers the other Users and assigns each of them a role (administrator, team manager, auditor or employee), which determines what they can see and do within the company.
Each User is responsible for safeguarding their credentials, which are personal and must not be shared. Accounts created by the company require the initial password to be changed on first login. If the Customer suspects that someone has gained unauthorised access, it must change the affected passwords and notify legal@rmtrackersolutions.com as soon as possible.
5. Licence of use
While the subscription is in force, or during the free trial, RMTracker S.L. grants the Customer and its Users a right to use the service that is non-exclusive, non-transferable and without the right to sublicense, limited to the internal management of the Customer's activity. The application is licensed for use, not sold: no right over the software is transferred beyond this one.
6. Acceptable use
The Customer and its Users undertake not to:
- use the service for purposes contrary to the law, in particular employment and data protection legislation, or to monitor workers beyond what the law permits;
- resell, rent or make the service available to third parties outside their company;
- copy, modify, decompile or reverse engineer the software, except to the extent expressly permitted by law;
- attempt to access the data of other companies, circumvent the security measures or access controls, or test for vulnerabilities without prior written authorisation;
- introduce viruses or any harmful code, or make automated use that overloads the platform or degrades the service of other customers;
- enter into the service data of persons without a legitimate basis for doing so, or diagnoses or other clinical information in the free-text fields.
7. Price and invoicing
The service is charged per Seat occupied. Each active User of the company occupies one Seat, except the Owner of the account, who occupies none. A suspended person stops occupying a Seat from the moment of suspension.
| Plan | Amount | Taxes | Billing frequency |
|---|---|---|---|
| Monthly, up to 10 employees | EUR 2.00 per person per month; minimum invoice of EUR 4.99 per company | Plus VAT | Every month |
| Monthly, 11 to 100 employees | EUR 1.90 per person per month, for everyone | Plus VAT | Every month |
| Annual, up to 10 employees | EUR 22.00 per person per year | Plus VAT | Once a year |
| Annual, 11 to 100 employees | EUR 21.00 per person per year, for everyone | Plus VAT | Once a year |
| More than 100 employees | Negotiated contract | Depending on the transaction | As per contract |
The monthly minimum is not added to the per-person amount: the higher of the two is invoiced. With three monthly employees, the amount is EUR 6.00 plus VAT. For other countries, their specific prices apply. Changes in prices for customers with a prior contract are communicated in accordance with the section on amendments to these terms.
The Owner chooses the person-by-person plan and may combine them. The applicable tax rate depends on the Customer's country and is calculated by the payment gateway at the time of payment.
Payment is made through Stripe, which issues the receipts and invoices for each period with the tax details the Customer provides when subscribing. The Customer agrees to receive invoices in electronic format. If persons are added or removed during a period, the difference is prorated and reflected in the following invoice, so that an addition does not generate an immediate charge to the card.
Assisted sign-up. When the account of a company in Spain or Portugal is prepared by RMTracker or by a WorkLogTracker sales agent or partner (company details, employees and schedules ready so that the Owner only has to claim it), an assisted sign-up fee of EUR 40.00 plus VAT, as a single payment, may be charged. It is announced before the account is claimed, added once to the first subscription payment and, like the other amounts, is not refunded.
Prices may be revised. An increase will be notified at least thirty days in advance and will not affect a period already paid; if it is not accepted, the subscription may be cancelled before it takes effect.
8. Free trial
The free trial lasts fourteen days without having to enter a card, counted from the creation of the account of whoever registers the company. It is shared by all the companies of that account: a company added later only has the days that remain, and none if the fourteen have already passed. During the trial the service is fully available. When it ends, an active subscription is required to continue registering new people.
9. What happens if payment fails
If the account falls into arrears, registering new people is blocked. Clocking in and viewing one's own history are not blocked.
This is deliberate. Keeping the working-time record is a legal obligation of the employer, and suspending that function because of non-payment would leave the Customer exposed to penalties and without the evidence it is obliged to keep. A failed payment also grants a seven-day grace period before having any effect.
10. Term, renewal and cancellation
The subscription renews automatically at the end of each period, monthly or annual, until it is cancelled. It may be cancelled at any time from within the application. The cancellation takes effect at the end of the period already paid, with no refund of the amount corresponding to that period.
Once the subscription has ended, the Customer has thirty days to export its record and the rest of its data using the application's functions. After that period they are deleted on the terms of section 9 of Annex I. Employment legislation requires the Customer to keep the working-time record for four years: exporting it before that point is what allows it to keep complying with that obligation.
11. Customer's obligations
- To inform its workforce, and where applicable their representatives, about the recording system, the processing of their data and the use of location at the moment of clocking in, in accordance with Articles 13 of the GDPR and 90 of the LOPDGDD. As employer, that duty to inform falls on the Customer.
- To have a legitimate basis for entering the personal data it enters and to keep up to date the data of the people registered.
- To assign roles with care: whoever has the owner, administrator or auditor role can see sensitive data, such as medical leave or employment identifiers.
- To use the service in accordance with section 6 and to be responsible for what its Users do with it.
- To be responsible for the content it enters into the application.
12. Availability, maintenance and support
RMTracker S.L. uses reasonable means to keep the service available on a continuous basis, without committing to a specific availability percentage unless expressly agreed in writing. Maintenance downtime may occur, which will be scheduled for periods of lower activity wherever possible.
The application works offline: clock-ins are stored on the device and synchronised once the connection is restored, so that a service outage does not prevent clocking in.
To use the service, an Android or iOS device with a version of the system that supports the application is required, as stated in its listing on Google Play or the App Store, or an up-to-date browser for the web version, and an internet connection to synchronise. Maintaining the devices and the connection is the Customer's responsibility.
The service evolves: errors are corrected and functions are added or improved. RMTracker S.L. will not remove, during a period already paid, the essential functions of working-time recording, consultation and export.
Support is provided by email at info@rmtrackersolutions.com and through the support page, at no additional cost.
13. Customer Data and data protection
Customer Data belongs to the Customer. RMTracker S.L. processes it only to provide the service, in accordance with the privacy policy, and does not use it for any purpose of its own: it does not sell it, does not disclose it except where legally required, and does not use it to train artificial intelligence systems. The processing that RMTracker carries out on behalf of the Customer is governed by Annex I, the data processing agreement, which forms an inseparable part of these terms.
The technical and organisational measures used to protect the data are described in the security policy.
14. Intellectual and industrial property
The software, its code, its design, the documentation and the distinctive signs WorkLogTracker and RMTracker Solutions belong to RMTracker S.L. or to whoever has authorised it to use them. These terms do not transfer any of those rights to the Customer, beyond the licence in section 5.
If the Customer proposes improvements or provides suggestions, RMTracker S.L. may incorporate them into the service freely, without this giving rise to any payment obligation or any right over the result.
15. Confidentiality
The parties undertake to keep confidential the non-public information of the other to which they have access in connection with this relationship, on the terms of section 11 of Annex I, which applies to the entire relationship and not only to personal data.
16. Liability
RMTracker S.L. is liable for direct damages caused by breach of these terms, up to the amount paid by the Customer in the twelve months preceding the event giving rise to the liability. It is not liable for loss of profit or for indirect damages.
Nor is it liable for damages arising from:
- use of the service contrary to these terms or to the instructions for use;
- the information that the Customer or its Users enter, or the decisions they take on the basis of it;
- failures of telecommunications networks, of the Customer's devices or of its connection, which do not depend on RMTracker S.L.
Nothing in the foregoing limits liability in cases where the law does not permit it to be limited, such as wilful misconduct or gross negligence.
Proper keeping of the working-time record is the employer's responsibility. WorkLogTracker is the tool with which it is kept.
17. Force majeure
Neither party is liable for non-performance caused by events beyond its reasonable control that it could not foresee or avoid, such as natural disasters, general power or telecommunications outages, large-scale cyberattacks or acts of authority. The affected obligation is suspended for as long as the cause lasts, and the affected party will notify the other as soon as possible. Force majeure does not exempt from paying for the service already provided.
18. Suspension and termination
RMTracker S.L. may suspend the service if it detects a use that puts at risk the security or integrity of the platform or the data of other customers, notifying the Customer unless urgency prevents it. The suspension will be limited to what is necessary and will last only as long as strictly required.
Either party may terminate the contract if the other seriously breaches these terms and does not remedy the breach within fifteen days after being requested in writing to do so. When the contract ends, for whatever reason, the provisions of section 10 on the export of data apply.
19. Communications
Communications relating to the contract shall be made in writing and by email: those from the Customer, to legal@rmtrackersolutions.com; those from RMTracker S.L., to the email address of the Owner's account, which the Customer must keep up to date.
20. Assignment
The Customer may not assign its position in the contract without the consent of RMTracker S.L. RMTracker S.L. may assign it to a company that succeeds it in the business, by merger, demerger or transfer of the business, provided these terms are maintained; the Customer will be notified and may cancel without penalty if it disagrees.
21. Amendment of these terms
The terms may be amended. Substantial changes will be notified at least thirty days in advance and, if they are not accepted, the Customer may cancel without penalty before they come into force. Previous versions and the date of each acceptance are kept, and the Customer may request at any time the version it accepted.
22. Interpretation
If any clause is declared void, the rest of the terms will remain in force and the affected clause will be replaced by a valid one that comes as close as possible to its purpose. The fact that a party does not demand performance of an obligation at a given time does not mean that it waives the right to demand it later.
In matters of data protection, the provisions of Annex I prevail over these terms. These terms are drafted in Spanish; if translations are published, in case of discrepancy the Spanish version prevails.
23. Governing law and jurisdiction
These terms are governed by Spanish law. The parties submit to the courts and tribunals of the city of Málaga, expressly waiving any other jurisdiction, without prejudice to the mandatory jurisdiction that applies where the other party is a consumer.