TIMP Terms and Conditions
Last amendment: December 2021
In these General Terms and Conditions, terms used in capital letters without grammatical justification have the following meaning:
"General Conditions" means these terms and conditions.
"Rules of Use" means the rules of use to be observed by all Users which are contained in these General Terms and Conditions.
"TIMP" means the software developed by TMT with online support (SaaS) and mobile application (App).
"TIMPY" means the TIMP module that allows Centres to offer services to TIMPY Users.
"TMT" stands for Time Management Technologies, S.L.
"Users" means any user of TIMP, whether an End User or a Professional User.
"End Users" means the end users, customers of the Professional Users, who use TIMP.
"Professional Users" means TIMP user centres and professionals.
"TIMPY Users" means the end users of TIMPY, who have registered for access to the TIMPY application and who make bookings for services from the offers published by Professional Users on TIMPY.
1. LEGAL INFORMATION
www.timp.pro is a domain registered by TIME MANAGEMENT TECHNOLOGIES, SL, a Spanish entity with registered office in Valencia 46015, Avenida de Manuel de Falla 12, escalera A local Y, with NIF B- 98684186 and registered in the Mercantile Register of Valencia on 20 November 2014, Volume 9874, Folio 44. Telephone: 961 167 383.
TMT is a technology development company that owns TIMP, software with online support (SaaS) and mobile application (App). With these software developments, TMT seeks to facilitate the management of reservations, customer CRM, generation of schedules, agendas, calendars, among others, for Professional Users. Through TIMP, Professional Users can manage their End Users' bookings, payments and purchases. Any User wishing to use TIMP must register as a user and generate a password in accordance with the provisions of these Conditions.
These General Terms and Conditions apply to the provision of services by TMT and govern the access and use of the TIMP online software and mobile application by Users. Please read these General Terms and Conditions carefully before contracting TMT's services. By contracting, you agree to be bound by these Terms and Conditions.
TMT may unilaterally change any part of the Terms of Service without prior notice to Users to reflect any regulatory changes, changes in the characteristics of TIMP and/or the services offered therein or for any other reason. In any case, the modifications will be published to make it easier for Users to read and consult them at all times, and will also be communicated to Professional Users by telematic means.
Once the updated Terms of Service are in effect, you will be bound by them if you continue to use TIMP.
The purpose of these General Terms and Conditions is to regulate the use that Users make of the TIMP online software and mobile application.
The relationship between Professional Users and End Users is unrelated and independent of TMT and, consequently, does not bind TMT in any way. Under no circumstances is TMT responsible for the provision of services by Professional Users to End Users or for the fulfilment of the obligations that exist between them, even if these are formalised through TIMP.
4. TIMP REGISTRATION AND PROCUREMENT PROCEDURE BY PROFESSIONAL USERS
The use of TIMP, by means of the corresponding registration, attributes the condition of User. The User must accept the General Terms and Conditions set out herein from the moment of registration.
Access to TIMP by Professional Users shall be carried out remotely via the Internet by means of a user name and password defined by the Professional User, who shall be solely responsible for their safekeeping and proper use.
TMT offers Professional Users the use of TIMP for fifteen (15) days free of charge and without obligation. Once the trial period has ended, the Professional User may contract the TIMP service by accepting the specific conditions which will specify, among other aspects, the monthly cost of the chosen plan, term, functionalities and contracted modules.
The Professional User, at its discretion, may activate the registration option for its customers, who may use the TIMP software as End Users, by registering with TIMP. In this case, TMT will access the data provided by the End Users during the registration process in TIMP following the instructions of the Professional User.
5. TIMP FUNCTIONALITIES AND MODULES
TIMP allows Professional Users to: (i) manage their portfolio of activities/services through an intuitive control panel; (ii) establish their calendar of activities and schedules, manage the calendar of activities of several centres through a single control panel; (iii) create individualised files for each of the centre's professionals/employees in which they can be assigned their respective schedules and sessions; (iv) monitor and check in real time the status of the sessions (capacity, professional and resources assigned to the service, booking status, cancellations, etc.); (v) have accounting and invoicing functionalities for their professional activity; (vi) send communications to End Users with alerts, reminders, payment receipts, etc.; (vii) offer services to TIMPY Users.
The above-mentioned functionalities may be progressively extended or modified in subsequent software updates.
In order to provide some of the functionalities of TIMP and its mobile application or additional modules, TMT must rely on services provided by third parties. In these cases, TMT will inform the Professional User in advance for their information.
TIMP has different modules for Professional Users, which can be contracted by them at any time by following the instructions that appear on TIMP. The terms and conditions applicable to each module are those indicated below or those indicated when contracting other modules. By contracting a module through TIMP, the Professional User accepts the terms and conditions indicated in these General Conditions for each module.
TMT and the Professional Users will agree from time to time the particular conditions of the contracting of new modules made through TIMP. These particular conditions and these General Conditions will be a single document that will regulate the relationship between Professional Users and TIMP.
5.1 TIMP STREAMING
TIMP offers Professional Users the possibility of configuring services in "Online" mode. These services will allow Professional Users to offer their End Users services that can be enjoyed by videoconference.
Depending on the mode configured by the Professional User in the service settings in the TIMP panel, End Users will be able to broadcast video or not.
The different types of services offered by TMT and their price can be consulted by the Professional User when configuring the online session through their TIMP user account. The Professional User must carefully read the terms and conditions applicable to him/her when setting up this service.
TIMP Streaming is a state-of-the-art system that does not need any particular extra software to work (professionals and assistants can use it from any web browser, TIMP Express or TIMP client applications) but as such, it needs a stable internet connection and a device of sufficient quality to be able to process the video. TMT recommends that Professional Users consult the technical recommendations to ensure proper use of the TIMP Streaming service. Similarly, the Professional User should check that their technological resources meet the minimum requirements indicated when configuring the session, in order to guarantee the proper provision of the service.
In order to facilitate the Professional User's technical checks, TMT provides a URL through which he/she can confirm that the service is working properly.
TIMP allows Professional Users to publish offers addressed to TIMPY Users for the telematic booking of their services. In order to do so, Professional Users must configure in their account the schedules of the services they wish to offer. In order to publish an offer of a service, the Professional User shall follow the steps indicated in TIMPY to publish the information he/she deems appropriate, which shall include, among others, a description of the service offered, the specific final price and indicate, if applicable, whether the TIMPY User must pay for the service in advance in order to make the telematic reservation.
In the event that the TIMPY User activates the geolocation function available in the TIMPY application, the results of their searches as well as the welcome page of the TIMPY application will be adapted to prioritise the centres and services that are most relevant and closest to their location at that time.
5.2.2. Rights and obligations of Professional Users in the use of TIMPY
The Professional User who activates TIMPY is entitled to:
The Professional User undertakes to:
5.2.3. Issues relating to the publication of notices and the making of the reservation
The services offered on TIMPY shall at all times comply with the Rules of Use.
Professional Users who wish to publish an offer of services on TIMPY shall bear in mind that by publishing the advertisement they are making an offer of services which shall be binding as soon as it is accepted by a TIMPY User. The Professional User is responsible for the correctness, content and legality of the published offer.
For the purpose of publishing an offer, the Professional User shall fill in and complete the various boxes with the information required by TIMPY. By way of illustration, a box shall be filled in with the final (including applicable VAT) and unchanging price of the service, the description of the service, the cancellation policy and whether the service requires payment in advance. Once the offer has been published on TIMPY and accepted by a TIMPY User, the Professional User may not increase the price of the service or make any changes to the information provided. Once a TIMPY User proceeds to make a reservation for a service offered by the Professional User, the Professional User must comply with the conditions indicated in the offer and guarantee that the TIMPY User will be able to attend and enjoy the service. TMT is completely outside the contractual relationship established between the TIMPY User and the Professional User.
The Professional User may require the TIMPY User to pay in advance by using Google Pay on Android devices and Apple Pay on iOS devices. The amount paid in advance by the TIMPY User shall be retained in his payment methods until such time as the free cancellation period of the service as configured by the Professional User has expired without such cancellation having taken place, at which time it shall be released in favour of the relevant Professional User.
TMT may, but shall not be obliged to, review the content that the Professional User intends to publish and, consequently, from the moment the Professional User wishes to publish or modify any content on TIMPY, an indeterminate period of time may elapse before it is actually published. The fact that TMT has the right to review the content and actually does so in no way affects the responsibility for the content, which shall in any case remain with the Professional User.
5.2.4. Prices and method of payment
The terms of the payment policy and charges for the provision of services contracted through TIMPY shall be clearly indicated in the offer published by the Professional User.
The Professional User may charge the End User at the Professional User's own premises, by the payment method it deems appropriate, or by the payment method available at TIMP, which shall have been freely designated by TMT.
In the event that the Professional User cancels a service that has been booked and paid for by a TIMPY User, the Professional User shall refund the TIMPY User any amount charged for the cancelled service.
In the event that the Professional User offers streaming services via TIMPY, as long as the End User is using iOS, the service shall be charged via Apple in-app purchases. Apple charges TMT a fee for such services (currently 30% of the price of the service paid by the End User) and TMT will therefore deliver to the Professional User the amount paid by Apple (i.e. the price paid by the End User after deduction of the fees charged by Apple).
TMT reserves the right to charge Professional Users a fee for the collection of payment from TIMPY Users. This fee will be indicated to the Professional User during the application process for publication of the offer on TIMPY.
5.2.6. TIMPY Users' comments and rating of services
All Services reserved through TIMPY may be valued by the TIMPY User, in the parameters determined by TMT from time to time.
5.3. ELECTRONIC SIGNATURE FUNCTIONALITY
TIMP has an electronic signature system linked to the "contracts" functionality. TMT acts as an unqualified trust service provider, providing an advanced electronic signature service.
The electronic signature provided by TIMP incorporates biometric technology, which allows the capture of biometric data from the signatory's graph, such as stroke speed and pressure, emulating a paper signature.
Consequently, when a signatory uses the TIMP electronic signature, TMT collects the signatory's biometric data on behalf of the Professional Users.
The documentation on which the electronic signature is included will be drafted entirely by the Professional User. TMT does not intervene in the drafting or monitoring of the content of this documentation. The documentation on which the electronic signature is included may include fields to be filled in by the signing End User, such as date fields, checkboxes, etc. The End User must sign in a box provided for this purpose using a digital pencil or his own finger. The Professional User can also generate documents that require his own signature.
TMT does not under any circumstances verify the identity of the signatory, nor does it have the capacity to do so. It is therefore the responsibility of the Professional User who collects the signature to verify the identity of the signatory throughout the process, in order to avoid any type of falsehood or identity theft.
From the moment the document is closed after the required signatures have been collected, TIMP records the signatures in image format and locks the document by recording the date and time of closure.
TMT will keep a copy of the contracts signed by electronic signature, together with the signature itself, from the moment the contract is concluded for the duration of the contractual relationship between TMT and the Professional User.
From the moment of storage, the file remains unalterable and indivisible. The copy is kept in encrypted storage to prevent unauthorised access.
Upon termination of the contract between TMT and the Professional User, TMT will destroy the copy of the signed contracts together with the stored electronic signatures.
TMT shall not be liable for any damages caused to Professional Users or End Users if either of them incurs in any of the cases provided for in Regulation (EU) 910/2014 or in article 11 of Law 6/2020, of 11 November, regulating certain aspects of electronic trust services.
Likewise, once express consent has been obtained for the processing of these biometric data, they will be encrypted within the document and may not be used by TMT under any circumstances, without prejudice to the exceptions provided for by the regulations on the protection of personal data.
7. PAYMENTS FROM END-USERS TO PROFESSIONAL USERS
As determined by the Professional Users, in TIMP their End User clients may make payment for the services contracted through TIMP, through the payment platform managed by the provider established by TMT, or pay directly to the Professional User through the payment method freely designated by the Professional User. In the event that payment is made through TIMP, TMT will manage the collection process on behalf of the Professional Users, who must pay the agreed fees.
Professional Users are responsible for setting the prices of the services they offer to End Users through TIMP, and are also responsible for invoicing or issuing the corresponding ticket in accordance with the applicable regulations on invoicing obligations.
Compliance with the tax obligations arising from the collection of payments from End Users is the sole responsibility of the Professional Users.
By using TIMP the Professional User agrees to comply with all applicable regulations and undertakes to report the collection of all charges obtained in connection with the use of TIMP to the relevant tax authority. TIMP recommends Professional Users to seek professional advice to ensure that they comply with all applicable tax regulations.
8. COST OF THE SERVICE
The cost of TIMP plans and the terms of contract, as well as their extensions, will be duly indicated to the Professional User prior to their contracting, for the corresponding acceptance and processing of their registration. The form of payment will be selected by the Professional User from the options offered by TMT.
8.1. COST OF OPTIONAL MODULES
TMT offers Professional Users the possibility of contracting optional modules to be integrated into TIMP. In the event that the Professional User activates any of the optional modules through their TIMP user account, they will be previously informed of the cost of the service, scope of the chosen plan, applicable commissions, payment method, permanence, among other aspects.
8.2. COLLECTION OF MONTHLY PAYMENTS
The Professional User is aware at all times of the monthly fee payable through the "My Plan" section. In the event that the Professional User wishes to unsubscribe from the TIMP service, he/she must communicate this fifteen (15) days before the next charge for the corresponding plan is made.
In the event of non-payment by the Professional User, TMT reserves the right to cease the provision of the service if, seven (7) calendar days after the non-payment, the fee remains unpaid. In such an event, TMT will block the Professional User's access to the online software, as well as to the mobile application(s). The Professional User may download the information and data stored in TIMP from the "Reports" section. The Professional User must proceed to pay the unpaid fee within fifteen (15) days from the start of the blocking, in case of failure to make such payment, TMT reserves the right to take appropriate action, including the permanent deletion of all content that the Professional User had filed in TIMP.
9. RULES OF USE
Users must comply with the following rules of use:
10. INTELLECTUAL PROPERTY AND LICENCE OF USE
TMT is the owner of TIMP, the associated mobile application, its manuals and any other related material, as well as, by way of example and without limitation, the content accessible through the website www.timp.proTIMP and its app, brands and other distinctive signs. The industrial and intellectual property rights associated with these intangible assets are owned by TMT, which has exclusive rights of use and exploitation in accordance with the applicable regulations.
The licence to use the TIMP software and mobile application is granted to the Professional User on a non-exclusive and non-transferable basis for the same duration as the contracted plan. In any case, this licence of use is limited to allowing the Professional User to use and enjoy TIMP and the mobile application under the contracted terms. It is expressly forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate TIMP and the mobile application or part of it, reverse engineer the source code of TIMP and its mobile application. It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, publish content or distribute in any way all or part of the content included on the website, TIMP and its mobile application, TIMP and its mobile application, or any part of it, or to reverse engineer the source code of TIMP and its mobile application. www.timp.proTIMP and its mobile application, for commercial purposes or of any other nature, without the express written authorisation of TMT or, where appropriate, of the holder of the corresponding rights.
11. UPDATES AND TECHNICAL SUPPORT
TMT will adapt TIMP in accordance with any modifications or updates it deems necessary or desirable. Updates will be applied automatically as established by TMT.
TMT does not guarantee the permanence of the current functionalities of the software in the same state in which they currently are, and may at any time make any updates or modifications it deems appropriate.
TMT will respond to queries regarding the functioning and operation of the TIMP software by means of an e-mail service at firstname.lastname@example.org.
12. OBLIGATIONS OF TMT AND PROFESSIONAL USERS
These are TMT's obligations:
The obligations of the Professional User are
13. DISCLAIMER OF LIABILITY
13.1. DISCLAIMER OF LIABILITY FOR SERVICE INCIDENTS AND INABILITY TO ACCESS TIMP BY THE PROFESSIONAL USER
TMT will ensure, as far as reasonably possible, and within the limitations set out in these Terms and Conditions, the proper functioning of the TIMP software. However, TMT will not be responsible for any interruptions in access that occur for reasons beyond its control, such as incidents in communication networks, program maintenance tasks, troubleshooting, among others; although it will make every effort to ensure that they do not occur. With respect to those scheduled or known interruptions, TMT will give reasonable notice to the Professional User, declining any responsibility for the impossibility of access to the software by the Professional User.
13.2. DISCLAIMER OF END-USER LIABILITY
TMT is not a party to the contractual relationship established by each of the Professional Users with their corresponding End Users, and therefore shall not be liable to such End Users. The Professional User is solely responsible for fulfilling its obligations to End Users. By way of example and without limitation, TMT shall not be liable for the proper provision of the services offered by the Professional User, even when using TIMP for the management of reservations, agendas and end users, nor for those whose payment has been managed through TIMP, without prejudice to the provisions of these conditions regarding the refund policy.
TMT does not exercise any control over the content that Professional Users may publish and assumes no responsibility for such content and has no obligation to supervise or monitor it. Professional Users are solely responsible for the content they make public.
Furthermore, in the event of a claim by the End User, the Professional User releases TMT from all liability. In this regard, the Professional User acknowledges that, in the event of a claim by the End User against TMT, the End User will be directed by TMT to the Professional User so that he/she can carry out his/her claim.
14. DISCLAIMER AND LIMITS OF LIABILITY
In the event of a claim by the Professional User for non-compliance and/or damages of any kind arising from the use of TIMP, the Professional User agrees that TMT shall be liable up to a maximum of the amount of the monthly fee paid by the Professional User for the period in which the incident occurred or the damage was caused.
The Professional User accepts and acknowledges that any claims that may be made by the User regarding the quality or diligence in the provision of the service provided by him/her shall be borne by the Professional User.
Furthermore, the Professional User acknowledges that the TIMP software is not designed to meet his particular needs but is intended for the fulfilment of a general purpose. There is no guarantee that the programme's features are those which, in the opinion of the Professional User, should be fulfilled, or that they meet the Professional User's particular needs.
Any use other than the purpose of TIMP indicated in these conditions is prohibited, and the Professional User will be liable for any damages caused as a consequence of the non-fulfilment of any of the obligations included in these conditions.
The reproduction of all or part of the TIMP software, even for personal use, by any means and in any form, permanent or temporary, the translation, adaptation, arrangement or any other transformation and reproduction of the results of such acts and any form of public distribution, including the rental of the software or any transfer of use to unauthorised third parties or reverse engineering to TIMP, is prohibited.
These acts constitute an infringement of TMT's exploitation rights, and may constitute an intellectual property offence.
16. DATA PROTECTION
17. PERSONAL INFORMATION SETTINGS
From TIMP it is possible for End Users and Professional Users to access and update their profile information, both through the web application and through the mobile application. These changes will take effect immediately once saved and will be received by TIMP for further use.
An End User can ask the Professional User with whom he/she has contracted services to unsubscribe via the mobile application, from the "Unsubscribe" menu. The Professional User must contact the End User to indicate the steps to follow.
18. TERMINATION OF TIMP USER LICENCE FOR PROFESSIONAL USERS
In the event of termination of the licence to use TIMP for any Professional User for any reason, TMT shall permanently delete the content stored in TIMP within twenty-four (24) hours of termination, without the Professional User having any possibility of retrieving it. Consequently, in the event that the Professional User wishes to export the content stored in TIMP, he/she must do so prior to the termination of the licence to use TIMP.
19. NULLITY OR INEFFECTIVENESS OF CLAUSES
If any clause that has been included in these Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall affect such provision or, as the case may be, the part of the same that is null or ineffective, and such provision shall be considered totally or partially not included, and the other agreements included in the Conditions shall be enforceable.
20. APPLICABLE LAW AND JURISDICTION
These Conditions shall be governed by and construed in accordance with Spanish law in all matters not expressly provided for.
For the resolution of any dispute between TMT and the Professional User arising from the interpretation, execution or fulfilment of these terms and conditions, the courts and tribunals of the city of Valencia shall have jurisdiction, expressly waiving any other jurisdiction that may correspond.