Effective: January 1, 2023
Chrono is a service provided by Bloodhound Intelligence, Inc. (“Chrono,” “we,” “our”), which offers information and analytics tools available online, including via a web application accessible at www.gochrono.io and a mobile application (collectively, the “Service”).
Chono collects and provides information and analytics relevant to its users’ presence and duration of time spent in physical locations for tax residency purposes. Chrono does not provide and should not be relied upon for tax, legal or accounting advice.
Users should consult a legal, tax and/or accounting professional for advice and specific recommendations pertaining to their situation. Specific goals set and managed by users in Chrono should be confirmed with a tax professional and should not be relied upon as tax advice. Chrono is a flexible tool and can be used to accommodate measurement of most goals and objectives its users and their tax professionals define.
Chrono has two different types of users depending on the portion of the Service used:
● We call users of the website within the Service “Site Visitors.”
● We call users who use the Service as part of a paid or trial Chrono subscription plan (regardless of the subscription tier) “Subscribers.”
We refer to these types of users collectively as “Users” or “you” for purposes of these User Terms of Use (these “Terms”). Regardless of what type of User you are, these Terms create a legal agreement directly between you and Chrono and explain the rules governing use of the Service. By accessing or using the Service, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.
We may, from time to time, modify these Terms. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Service. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you. Your continued use of any portion of the Service after any such update constitutes your acceptance of such changes.
1.1 General. To use the Service you must be, and represent and warrant that you are, at least 16 years of age and competent to agree to these Terms. If Chrono has previously prohibited you from accessing or using the Service, you are not permitted to access or use the Service. If you are under 18 years of age (or the age of legal majority where you live), you may use the Service only with the permission of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user, including any breach of these Terms, and for determining the suitability of the Service for such user.
2.1 Account Registration and Confidentiality. To access the Service, you must register for a Chrono account, including by creating a username and password. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your account. We may assume that any communications we receive under your account have been made by you.
2.2 Unauthorized Account Use. You are responsible for notifying us at hello@gochrono.io if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Chrono will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for all losses, damages, liability, expenses and attorneys’ fees incurred by Chrono or a third party due to someone else using your account.
3.1 Your License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service only for your own use and only in a manner that complies with all legal requirements that apply to you or your use of the Service, including the Chrono Privacy Policy and these Terms. Chrono may revoke this license at any time, in its sole discretion.
3.2 Chrono Availability. Chrono may not be available in all regions. We reserve the right to change the countries in which Chrono may be purchased at any time.
3.3 Subscription. If you purchase a subscription to Chrono, you acknowledge that your subscription will automatically renew until you cancel your subscription or Chrono terminates it. The duration and cost of the subscription are disclosed prior to purchase.
3.4 Subscription Cancellation. Chrono subscriptions can be canceled through the Settings menu within the Chrono mobile app or using tools made available by Apple’s App Store or the Google Play Store.
3.5 Subscription Trials. Your Chrono subscription may start with a free trial. Chrono reserves the right, in its sole discretion, to determine your free trial eligibility. If your Chrono subscription does begin with a free trial, unless you cancel your subscription prior to the end of the free trial period, we will begin billing your payment method on a recurring basis for your subscription upon expiration of the free trial period until you cancel or we terminate your subscription.
3.6 Subscription Pricing. Prices for subscriptions are subject to change at any time, but changes will not affect subscriptions you have already placed, except that for auto-renewing subscriptions price changes will take effect when indicated in our email notice to you.
3.7 Sales Taxes. To the fullest extent permitted by applicable law, you are responsible for all applicable sales, use, duty, customs and other governmental taxes, levies and fees (“Sales Taxes”) due with respect to your subscription. Subscriptions placed outside the U.S. may incur Sales Taxes as determined by the customs agency within the destination country. We will collect applicable Sales Taxes if we determine we have a duty to collect Sales Taxes. For U.S. users, the actual Sales Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. You may have a duty to directly report and pay Sales Taxes if we do not collect such Sales Taxes.
3.8 Payment. All subscription fees are managed through third parties (Apple or Google) and any changes to payment method need to be edited through that third party. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, you remain responsible for all uncollected amounts.
The Service is owned and operated by Chrono and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are owned by Chrono and/or third parties and are protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. You agree to abide by all applicable copyright and other laws, as well as all additional copyright notices and restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by Chrono and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Chrono and such others. You agree to protect the proprietary rights of Chrono and all others having rights in the Service during and after the term of these Terms and to comply with all written requests made by Chrono or any of its suppliers or licensors (collectively, “Suppliers”) of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Service. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service shall, as between you and Chrono, at all times be and remain the sole and exclusive property of Chrono. Any unauthorized use of any material contained on or through the Service may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
5.1 User Data and Submissions on the Service. The Service allows you to create goals and reports specific to your location data (collectively, “User Data”) and to share that User Data with others. User Data submitted or otherwise made available to the Service is subject to the following terms:
5.1.1 Subscriber Data on the Service. Data submitted to, or collected by, the Service on behalf of Subscribers (“Subscriber User Data”) is owned and controlled by the Subscriber. You hereby grant Chrono a non-exclusive and non-transferrable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display Subscriber User Data for the following purposes: (i) to maintain, provide and improve the Service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Subscriber User Data is being used in violation of these Terms; (iv) to comply with a valid legal subpoena, request, or other lawful process; and (v) for analytical purposes, for internal or marketing purposes, and as expressly permitted in writing by you.
Chrono will save Subscriber User Data for a minimum of thirty (30) days after any free or paid subscription plan is canceled, during which time Subscribers may reactivate their subscriptions to regain access to such Subscriber User Data. Chrono recommends that all Subscribers download their Subscriber User Data prior to cancellation, and Chrono has no responsibility to retain such Subscriber User Data at any time after the expiration of such thirty (30) day period.
5.1.2 Feedback. The Service may have certain features that allow you to submit, or you may submit by email, comments, information, and other materials (collectively, “Feedback”) to Chrono. By submitting Feedback to Chrono, you grant Chrono a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Chrono marketing materials and where required to do so by law or in good faith to comply with legal process). We reserve the right to remove any Feedback posted in any public forum for any reason at our sole discretion.
5.2 User Data and Feedback Representations. You acknowledge and agree that you have all required rights to submit User Data and Feedback without violation of any third-party right. You understand that Chrono does not control, and is not responsible for, User Data or Feedback, and that by using the Service, you may be exposed to user data or feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Such user data and feedback may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Chrono for all claims resulting from User Data or Feedback you submit through the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and, in any event, you will cooperate with us in asserting any available defenses.
6.1 Acceptable Use. All Users must comply with the following rules regarding acceptable use of the Service.
Disruption of the Service. You may not:
● access, tamper with, or use non-public areas of the Service, Chrono’s computer systems, or the technical delivery systems of Chrono’s providers;
● probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
● access or search the Service by any means other than Chrono’s publicly supported interfaces (for example, “scraping”);
● attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
● interfere with or disrupt the access of any user, host or network, including by sending a virus, overloading, flooding, spamming, mail-bombing the Service or by scripting the creation of User Data in such a manner as to interfere with or create an undue burden on the Service.
Misuse of the Service. You may not utilize the Service to carry out, promote or support:
● any unlawful or fraudulent activity;
● the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive any other;
● any activity that is defamatory, libelous or threatening or constitutes hate speech, harassment, or stalking;
● the publishing or posting of other people’s private or personal information without their express authorization and permission;
● the sending of unsolicited communications, promotions advertisements, or spam;
● the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
● the promotion or advertisement of products or services.
User Data Standards Within the Service. You may not post any User Data on the Service that:
● violates any applicable law, any third party intellectual property right, or anyone’s right of privacy or publicity;
● is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited children), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;
● contains any personal information of minors
● contains viruses, bots, worms, or similar harmful materials; or
● contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
Violations. In addition to any other remedies that may be available to us, Chrono reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service, upon notice and without liability for Chrono, should you fail to abide by the rules in this Section 6 or if, in Chrono’s sole discretion, such action is necessary to prevent disruption of the Service for other users.
For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy, which is incorporated by reference into these Terms.
THE SERVICE AND USER DATA, WHETHER PROVIDED BY CHRONO OR ANY OF ITS LICENSORS, VENDORS OR USERS ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, CHRONO DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICE IS CORRECT OR FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF USER DATA) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DATA WILL NOT BE LOST FROM THE SERVICE; (iv) DEFECTS WILL BE CORRECTED; (v) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS: (vi) TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY LOCATION; (vii) THERE WILL NOT BE ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF SUCH TELECOMMUNICATION SERVICES, OR (viii) THAT THERE WILL NOT BE A FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES. IN NO EVENT SHALL CHRONO OR ANY OF ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH OUR RELATIONSHIP WITH YOU, THE SERVICE, ANY MATERIAL, INFORMATION, OR RECOMMENDATION APPEARING ON THE SERVICE, OR ANY LINK PROVIDED ON THE SERVICE, WHETHER OR NOT CHRONO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE.
THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO THE SERVICE, $100. CHRONO DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICE , AND CHRONO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF ANY PRODUCT OR SERVICE. CHRONO WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” This release includes the criminal acts of others.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Section 7. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Section 7 specifically do apply to you.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CHRONO AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, CONTRACTORS, AND REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS AND DEMANDS, INCLUDING REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THESE TERMS OR CHRONO’S PRIVACY POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER DATA TO THE SERVICE, AND/OR YOUR VIOLATION OF ANY RIGHT OF ANOTHER INDIVIDUAL OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF EACH SUCH CLAIM AND DEMAND, AND, IN ANY, EVENT YOU WILL COOPERATE WITH US IN ASSERTING ALL AVAILABLE DEFENSES.
The Service may provide (1) information and content provided by third parties; (2) links to third-party websites and resources; and (3) third-party products and services for sale directly to you. Chrono is not responsible for the availability of any such information, content, website, resource, product or service and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such websites or resources, (ii) any error or omission in these websites or resources, or (iii) any information handling practices or other business practices of any operator of any such site or resource. You further acknowledge and agree that Chrono shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such site or resource. Your interactions with any third party will be governed by your agreement with such third party, including any terms of service, privacy policy, or any other similar terms.
Chrono reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that Chrono shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service (or any part thereof).
These Terms shall be construed in accordance with and governed by the laws of the State of Delaware. Any dispute arising out of these Terms or the use of the Service shall be initiated and conducted in the state or federal courts of the State of Delaware and you and Chrono consent to the exclusive jurisdiction of such courts.
14.1 Force Majeure. Under no circumstances shall Chrono or any of its licensors or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
14.2 No Waiver. No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of Chrono to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
14.3 Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
14.4 Statute of Limitations. Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14.5 Miscellaneous. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Chrono and govern your use of the Service. Neither these Terms nor any right or license granted hereunder may not be assigned or delegated by you. These Terms, and all rights or licenses granted hereunder, may be assigned or delegated by Chrono without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Chrono. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.
14.6 Notices. We may deliver notice to you by e-mail, posting a notice on the Service or any other method we choose, and such notice will be effective on dispatch. If you need to provide notice to us, you may do so at hello@gochrono.io.
