These Provider-Specific Terms are incorporated into and form part of the Agreement between XRTIC Consulting LLC (operating as What Have You Done!? (WHYD)) and Customer. They supplement the Bonterms Standard Online Cloud Terms (Version 1.0) ("Standard Terms") as permitted by Section 1.2 of those Standard Terms.
In the event of a conflict, these Provider-Specific Terms take precedence over the Standard Terms, as provided in Section 1.3 (Order of Precedence) of the Standard Terms.
All section references below are to the Standard Terms unless otherwise noted.
Introductory Language
WHYD is a SaaS time tracking application designed for freelancers, independent contractors, and small business owners, offered at whyd.io (the "Website") and through the WHYD iOS mobile application (together, the "Cloud Service").
By accessing or placing an Order for the Cloud Service, Customer agrees to be bound by these Provider-Specific Terms together with the Standard Terms, forming the complete Agreement between Customer and XRTIC Consulting LLC.
Bonterms, the publisher of the Standard Terms, is not a party to this Agreement and has no responsibility to either party for its use.
Provider & Service Identification
Provider
| Legal Entity | XRTIC Consulting LLC |
|---|---|
| DBA | What Have You Done!? (WHYD) |
| State of Formation | Massachusetts, USA |
| Website | whyd.io |
| Contact Email | legal@whyd.io |
Cloud Service
The Cloud Service is the WHYD time tracking platform, including the web application available at whyd.io and the WHYD iOS mobile application, together with any associated APIs, features, and functionality. The Cloud Service is provided on a subscription basis for business use by freelancers, independent contractors, and small business owners.
Subscriptions & Orders
Available Plans
Subscription plans, pricing, and features are described on the pricing page at whyd.io/pricing. Provider reserves the right to add, modify, or discontinue subscription tiers with reasonable notice.
Order Process (supplements Standard Terms Section 20 definition of "Order")
An Order is entered into when Customer completes the online subscription flow on the Website, including acceptance of this Agreement, and provides a valid payment method. The Effective Date is the earlier of Customer's first access to the Cloud Service or completion of an Order.
Subscription Term (supplements Standard Terms Section 12.1)
Unless the Order states otherwise, each Subscription Term is one (1) month, renewing automatically on the same day of each month. Annual subscription options may be offered as specified on the pricing page.
Auto-Renewal
Subscriptions renew automatically at the end of each Subscription Term at the then-current pricing unless Customer cancels prior to the renewal date through account settings or by contacting legal@whyd.io.
Free Trial
Provider may offer a free trial period for new Customers as specified during the Order process. At the end of the trial, the subscription converts to a paid plan unless cancelled before the trial ends. Free trial use is subject to Section 18 of the Standard Terms (Trials and Betas).
Fees & Billing (supplements Standard Terms Section 10)
All subscription fees are stated in U.S. dollars and billed in advance. By providing a payment method, Customer authorizes Provider (and its payment processor) to charge recurring fees. All fees are non-refundable except as expressly provided in this Agreement or required by applicable law. Provider may change subscription pricing with at least thirty (30) days' advance notice; price changes take effect at the next billing renewal.
Failed Payments
If a payment fails, Provider may retry the charge and, if payment remains outstanding, suspend or terminate Customer's account as a Suspension Event under Section 11 of the Standard Terms. Reactivation may require payment of outstanding amounts.
Data & Security
This section provides the Security Measures and related terms referenced in Standard Terms Sections 3.2 and 3.3.
Security Measures (Standard Terms Section 3.2)
Provider implements and maintains the following Security Measures to protect Customer Data:
- Encryption of Customer Data in transit using TLS 1.2 or higher
- Encryption of Customer Data at rest using AES-256 or equivalent
- Access controls limiting Customer Data access to authorized personnel on a need-to-know basis
- Regular security monitoring and logging of access to production systems
- Password and credential policies for personnel with system access
- Incident response procedures for unauthorized access or disclosure
Provider will notify Customer without undue delay upon becoming aware of a breach of security leading to accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of Customer Data, in accordance with applicable law.
Data Protection Addendum (Standard Terms Section 3.3)
No Data Protection Addendum (DPA) is included in these Provider-Specific Terms at this time. Customers who require a DPA (e.g., for GDPR compliance) should contact Provider at legal@whyd.io to request one prior to use of the Cloud Service for processing personal data subject to such requirements.
Data Location
Customer Data is stored and processed in the United States. Customers accessing the Cloud Service from outside the United States acknowledge that their data will be transferred to and processed in the United States.
Data Export & Deletion (supplements Standard Terms Section 12.4)
During a Subscription Term, Customer may export Customer Data through the export functionality available in the Cloud Service. Upon termination or expiration, Customer may request an export of Customer Data within thirty (30) days; after that period, Provider may delete Customer Data in accordance with its data retention policy.
Support
This section provides the Support Policy referenced in Standard Terms Section 5.1, and the SLA referenced in Standard Terms Section 5.2.
Support Policy (Standard Terms Section 5.1)
Provider provides email-based support to paying Customers at support@whyd.io. Provider will use commercially reasonable efforts to respond to support requests within two (2) business days. Support is available in English and covers issues with the Cloud Service's core functionality.
Service Level Agreement (Standard Terms Section 5.2)
Provider will use commercially reasonable efforts to make the Cloud Service available 99.5% of the time in each calendar month, excluding scheduled maintenance windows. Provider will provide advance notice of planned maintenance where practicable. No formal SLA credits apply; Customer's remedy for failure to meet availability targets is as set forth in Section 6.2 of the Standard Terms (Performance Warranty).
Acceptable Use Policy
This section provides the AUP referenced in Standard Terms Section 7.1.
Permitted Use
The Cloud Service is intended for legitimate time tracking and business productivity purposes by individual freelancers, contractors, and small business owners. Customer may use the Cloud Service only for its own lawful business purposes in accordance with this Agreement and applicable law.
Prohibited Use
In addition to the restrictions in Section 7.3 of the Standard Terms, Customer will not:
- Use the Cloud Service to track time for illegal activities or in violation of applicable employment or labor laws
- Submit false, fraudulent, or misleading time entries for the purpose of deceiving clients, employers, or government entities
- Share account credentials or allow unauthorized third parties to access Customer's account
- Attempt to access other customers' data or accounts
- Use the Cloud Service in a manner that imposes an unreasonable or disproportionate load on Provider's infrastructure
- Use automated scripts or bots to interact with the Cloud Service without Provider's prior written consent
- Remove, obscure, or alter any proprietary notices, branding, or labels on the Cloud Service
Account Responsibility
Customer is responsible for all activity under its account. Customer must promptly notify Provider at legal@whyd.io of any suspected unauthorized access or security breach.
Governing Law & Courts
This section specifies the Governing Law and Courts as permitted by Standard Terms Section 19.2(b), overriding the default California / San Francisco choice.
Courts: The federal and state courts located in Suffolk County, Massachusetts. Each party consents to the exclusive jurisdiction and venue of these courts for any action arising out of or relating to this Agreement.
Dispute Resolution
Before initiating formal legal proceedings, the parties agree to attempt informal resolution by contacting Provider at legal@whyd.io and allowing thirty (30) days for good-faith discussion. Nothing in this section prevents either party from seeking injunctive or other equitable relief for intellectual property infringement or protection of Confidential Information.
Consumer Protection
Nothing in this Agreement limits any rights Customer may have under the Massachusetts Consumer Protection Act (M.G.L. c. 93A) or other applicable consumer protection laws.
Notices
This section provides Provider's notice address as referenced in Standard Terms Section 19.3.
| Legal / Formal Notices | XRTIC Consulting LLC Attn: Legal Gloucester, Massachusetts, USA legal@whyd.io |
|---|---|
| Support | support@whyd.io |
| General / Operational | hello@whyd.io |
| Website | whyd.io |
Customer's notice address is the email address associated with Customer's account. Provider may also send operational notices through the Cloud Service or to the email address on file.
Additional Terms
The following additions and modifications to the Standard Terms apply per Standard Terms Section 1.2.
Mobile Application
The Cloud Service includes a native iOS mobile application distributed through the Apple App Store. Use of the mobile application is subject to Apple's standard end-user license agreement in addition to this Agreement. Provider, not Apple, is solely responsible for the Cloud Service and its content. Apple has no obligation to provide maintenance or support for the Cloud Service.
Privacy Policy
Provider's Privacy Policy, available at whyd.io/privacy, describes how Provider collects, uses, and protects personal information. The Privacy Policy is incorporated by reference into this Agreement. In the event of conflict between the Privacy Policy and this Agreement regarding personal data, this Agreement controls.
Subscription Cancellation
Customer may cancel a Subscription at any time through account settings at whyd.io or by contacting legal@whyd.io. Cancellation takes effect at the end of the current Subscription Term. Provider does not provide prorated refunds for unused portions of a Subscription Term except as required by applicable law or as provided in Section 6.2 of the Standard Terms (Performance Warranty remedy).
Account Deletion (supplements Standard Terms Section 12)
Customer may request deletion of their account and associated Customer Data at any time through account settings or by contacting legal@whyd.io. Provider will process deletion requests within thirty (30) days, subject to any retention obligations imposed by applicable law. Some residual data may remain in backups for up to ninety (90) days following deletion and will be removed in the ordinary course of backup rotation.
Beta Features
Provider may make certain features available on a beta or early access basis. Such features are subject to Section 18 of the Standard Terms (Trials and Betas). Provider may modify or discontinue beta features at any time without notice.
Limitation of Liability — Consumer Adjustment
Notwithstanding Section 14 of the Standard Terms, where Customer is a natural person using the Cloud Service primarily for personal, family, or household purposes, the limitations of liability in Section 14 of the Standard Terms apply only to the maximum extent permitted by applicable law, including the Massachusetts Consumer Protection Act.
Publicity
Notwithstanding Section 17 of the Standard Terms, Provider may identify Customer (by name and logo) as a user of the Cloud Service in promotional materials unless Customer opts out by providing written notice to legal@whyd.io.
Additional Definitions
The following definitions supplement those in Section 20 of the Standard Terms:
- "WHYD" means the Cloud Service operated by Provider at whyd.io and through the WHYD iOS application.
- "iOS Application" means the WHYD native mobile application distributed through the Apple App Store.
- "Pricing Page" means the page at whyd.io/pricing describing available Subscription plans, features, and fees, as updated by Provider from time to time.
- "Privacy Policy" means Provider's privacy policy available at whyd.io/privacy, as updated from time to time with notice to Customers.