Terms of Service

§1 Scope

These General Terms and Conditions (T&Cs) apply to all contracts for the use of the software application "Clean Clock" (hereinafter "Software" or "Service") between

Benyamin Jafari
Chemnitzer Str. 69, 01187 Dresden
E-Mail: kontakt@cleanclock.de
(hereinafter "Provider")

and the respective company (hereinafter "Customer") that uses the Software for its employees.

Conflicting or deviating terms of the Customer are not recognised unless the Provider expressly agrees to them in writing.

§2 Contract Formation

The contract is formed by:

1. Registration of the Customer on the platform and acceptance of these T&Cs, or
2. Conclusion of a written licence agreement between the Provider and the Customer.

The Provider reserves the right to refuse registration without stating reasons.

§3 Scope of Services

The Provider makes the time-tracking software Clean Clock available to the Customer as Software-as-a-Service (SaaS) via the internet. The scope of services includes, depending on the chosen plan:

The Provider may extend the scope of services through updates. Material reductions in the scope of services will be communicated to the Customer at least 30 days in advance.

§4 Customer Obligations

The Customer undertakes to:

1. Use the Software only within the bounds of applicable law and these T&Cs.
2. Keep access credentials secure and not disclose them to third parties.
3. Notify the Provider immediately of any security incidents or unauthorised use.
4. Only record employee data to the extent covered by a valid legal basis (employment contract, Works Agreement, statutory obligation).
5. Before activating the GPS function, ensure that the required legal basis and, where applicable, a Works Agreement or employee consent is in place.
6. Promptly forward employee account deletion requests to the Provider.
7. Not deploy automated queries or scraping tools against the platform.

§5 Licence

The Provider grants the Customer a non-exclusive, non-transferable right, limited to the agreed number of users, to use the Software via the internet for the duration of the contract.

The Customer is in particular prohibited from:

• Reproducing, distributing, renting or making the Software available to third parties
• Decompiling or reverse-engineering the Software source code
• Modifying the Software or creating derivative works
• Removing security mechanisms, watermarks or copyright notices
• Using the Software for unlawful purposes

§6 Fees and Payment

Current prices and plans are published on the website cleanclock.de/en/#preise. The price valid at the time of contract formation applies.

• Starter: €69/month (up to 20 employees)
• Team: €129/month (up to 50 employees)
• Professional: €249/month (up to 150 employees)
• Enterprise: Individual quotation

All prices are net prices plus applicable VAT. Payment is due monthly in advance. In the event of default, statutory default interest applies (§ 288(2) BGB: 9 percentage points above the base rate).

Price increases will be communicated to the Customer in writing at least 60 days in advance. In such case, the Customer has the right to extraordinary termination effective at the end of the current billing period.

§7 Term and Termination

Minimum term: 1 month. Thereafter terminable monthly with 14 days' notice to month-end.

Extraordinary termination: Both parties have the right to terminate for good cause. Good cause for the Provider exists in particular if the Customer:

• Is in arrears with more than two monthly payments
• Breaches data protection obligations (§4 nos. 4 or 5)
• Uses the Software for unlawful purposes

Consequences of termination: After contract end, the Customer has 30 days to export their data. All company data will then be deleted (see §10 of the DPA).

§8 Availability and Service Level

The Provider targets monthly availability of 99.5%, measured per calendar month and excluding scheduled maintenance windows.

Scheduled maintenance: Maintenance windows are announced at least 48 hours in advance and preferably take place outside core working hours (Mon–Fri 9–18:00 CET).

Liability for downtime: If availability falls below 99% in a calendar month, as proven by the Customer, the Customer may claim a credit of 10% of the monthly fee. Further claims are excluded, unless based on wilful misconduct or gross negligence.

§9 Liability

The Provider bears unlimited liability for wilful misconduct and gross negligence, and for damages arising from injury to life, body or health.

In cases of ordinary negligence, the Provider is only liable for breach of material contractual obligations (cardinal obligations). Liability in such cases is limited to foreseeable, contract-typical damage and capped at three times the Customer's annual subscription.

Liability for indirect losses, loss of profit or data loss is excluded to the extent permitted by law.

The Customer is liable to the Provider for all losses caused by use of the Software in breach of contract, in particular by breaches of §4 (Customer Obligations).

§10 Data Protection and Data Processing

In addition to these T&Cs, the parties will conclude a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR. The DPA is an integral part of the contractual relationship.

The Customer, as Data Controller, is responsible for compliance with data protection obligations towards its employees. The Provider processes data only on the Customer's instructions.

Employee account deletion requests must be forwarded promptly to the Provider by the Customer. The Provider will delete the relevant data within 12 months of the request, unless statutory retention obligations apply.

§10a Special Provisions: Geotagging

The GPS function (geotagging) captures the location at the time of clocking in/out. Its use is subject to special requirements:

1. Attestation obligation: Before activating GPS mode, the company administrator must confirm via a versioned attestation process that the required data protection legal basis (Works Agreement, consent, etc.) is in place. The attestation log is stored permanently.
2. GPS modes: off (disabled), soft (optional), hard (mandatory on clocking)
3. Responsibility: The Customer bears sole responsibility for the lawfulness of location capture vis-à-vis its employees. The Provider does not verify the substantive adequacy of the legal basis.
4. Automatic redaction: GPS coordinates are automatically deleted after 30 days; the time entry itself is retained.
5. GPS override: Employees may submit GPS override requests. These are retained for 90 days.
6. Indemnification: The Customer shall indemnify the Provider against all claims arising from unlawful activation or use of the GPS function.

§11 Changes to T&Cs

The Provider may amend these T&Cs. Changes will be communicated to the Customer by email at least 30 days before taking effect. If the Customer does not object within 30 days of receiving the change notification, the new T&Cs are deemed accepted.

For material changes that restrict the scope of services or increase fees, the Customer has the right to extraordinary termination effective at the date the changes take effect.

§12 Confidentiality

Both parties undertake to keep confidential all confidential information of the other party that comes to their knowledge within the scope of the contractual relationship, and not to disclose it to third parties.

Confidential information includes in particular: business data, pricing terms, technical information, employee data and all information marked as "confidential".

The confidentiality obligation does not apply to information that is publicly known or that must be disclosed by law or regulatory order.

§13 Final Provisions

Governing law: The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Jurisdiction: The exclusive place of jurisdiction for all disputes arising from this contract is Dresden, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law.

Severability: Should individual provisions of these T&Cs be invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid one that most closely achieves the economic purpose of the invalid provision.

Written form: Amendments and supplements to this contract require the written form. This also applies to the waiver of the written form requirement.

§14 Contact and Complaints

For questions about these Terms of Service, for support requests or to submit complaints, please contact:

We aim to respond to enquiries within 2 business days.