GENERAL TERMS AND CONDITIONS

Last modified: March 9, 2020

 

1. Legal information

www.timp.prois a domain registered by TIME MANAGEMENT TECHNOLOGIES, SL ("TMT"), a Spanish entity with registered office in Valencia 46003, Calle Muñoz Degrain, 4 -1º, 2ª, with Tax Identification Number B- 98684186 and registered in the Commercial Registry of Valencia on November 20, 2014, in Volume 9874, Folio 44. Telephone: +34 961 167 383. Email: contacto@timp.pro.

2. Introduction

TMT is a technology development company that owns TIMP, software with online support (SaaS) and mobile application (App). Through these computer developments, TMT seeks to facilitate the appointment management, clients' CRM, generation of schedules, agendas and calendars, among others, for centres and professional users who use TIMP (hereinafter, "Professional Users"). Through TIMP, Professional Users can manage appointments, payments and purchases of their end users (hereinafter referred to as "End Users"). Any user, whether Professional User or End User, who wishes to use TIMP must register as a user and generate a password in accordance with these Terms and Conditions. From now on, all users of TIMP shall be the “User” in general.

These general terms and conditions (hereinafter the "General Terms and Conditions" or "Conditions") apply to the provision of services by TMT and regulate the access to and use of the online software and mobile application TIMP by Users. Please read these General Terms and Conditions carefully before signing up for TMT's services. By subscribing, you agree to be bound by these Terms and Conditions.

3. Purpose

These General Terms and Conditions are intended to regulate the use that Users make of the TIMP online software and mobile application.

The relationship between Professional Users and End Users does not bind TMT who assumes the position of mere intermediary, performing the functions described in these Conditions. It shall therefore be the Professional User who responds to the End User by virtue of the contractual relationship that arises between them, even if it is through TIMP.

4. TIMP Users: Professional Users and End Users

The use of TIMP, by means of the corresponding registration, attributes the condition of User. The User must accept upon sign up the General Terms and Conditions reflected here.

To register, the TIMP software shall request from the Professional User the minimum necessary and essential data, which shall be processed in accordance with TMT's Privacy Policy.

Professional Users, at their discretion, may activate the registration option for their clients, who may use the TIMP software with the condition of End Users, and must therefore register with TIMP. In this case, TMT shall access the data provided by the End Users during the registration process at TIMP following the instructions of the Professional User.

5. TIMP features

TIMP is an appointment scheduling and management software for agendas and clients that allows companies and professionals, either through http://www.example.org or the mobile application: (i) manage their portfolio of activities / services through an intuitive dashboard; (ii) establish its calendar of activities and schedules, manage the calendar of activities of several centres through a single dashboard; (iii) create individualised files for each of the professionals / employees of the centre where they can be assigned their respective schedules and sessions; and, (iv) monitor and check in real time the status of the sessions (capacity, professional and resources assigned to the service, appointment status, cancellations, etc.) www.timp.pro 

The above-mentioned features can be progressively extended or modified in successive software updates. For example, upon the Professional User's instructions, the End Users may receive emails with alerts, reminders, confirmations, proof of payment, etc. that shall be sent to them via a Professional User's email address. Such notifications are sent by Professional Users through the system without the intervention of TMT. In this way, TIMP allows Users to personalise the regime of communications and notifications. TMT and the Professional Users shall agree at all times on the particular conditions of the agreements on addition of new modules carried out through TIMP. These particular conditions and these General Terms and Conditions shall be a single document that shall regulate the relationship between the End Users and TIMP.

5.1 TMT service providers

To provide some of the features of TIMP and its mobile application or add-on modules, TMT must have services provided by third parties. In these cases, TMT shall notify the Professional User in advance for their information.

6. Sign up procedure

Access to TIMP by Professional Users shall be carried out remotely via the Internet using username and password defined by the Professional User, who is solely responsible for their safekeeping and proper use. In addition, the Professional User may activate the option for registration of End User, who shall also access TIMP through a username and password, as indicated by the Professional User.

TMT offers Professional Users the use of TIMP for fifteen (15) days free of charge and without commitments. Once the trial period has ended, the Professional User may sign up for the TIMP service by accepting the particular terms and conditions in which the monthly fee of the chosen plan, its duration, features, and modules included, among other aspects, shall be specified.

As determined by the Professional Users, at TIMP their End User clients may pay for the services they sign up for through TIMP, through the payment platform managed by the provider established by TMT, in view of their experience and quality in providing this type of services. In this case, TMT shall manage the collection on behalf of the Professional Users, who shall pay the agreed commissions. The services offered are configured by Professional Users, who offer them by means of redeemable vouchers.

Professional Users are responsible for setting the prices of the services offered to End Users through TIMP, and are also responsible for billing or issuing the corresponding ticket in accordance with the applicable regulations on billing obligations.

In any case, TMT is not a party to the contract for the provision of services, which is entered into exclusively between the End User and the Professional User. The Professional User is solely responsible for the execution of the contract before the End User.

7. Cost of the service offered by TIMP

The cost of TIMP plans and the duration of service, as well as their extensions, shall be duly indicated to the Professional User prior to their signing up, for the corresponding approval and processing of their registration. The payment method shall be the one that the Professional User selects from the options proposed by TMT.

7.1. Optional modules

TMT offers Professional Users the possibility of adding optional modules to be integrated into TIMP, according to their individual needs. In the event that the Professional User activates any of the optional modules through their TIMP user account, they shall be informed in advance of the cost of the service, the scope of the chosen plan, the applicable commissions, payment method, and permanence, among other aspects.

7.2. Collection of monthly fee

The Professional User is aware at all times of the value of the monthly price tier to be paid, through the "My Plan" section . In the event that the Professional User wishes to cancel the TIMP service, they shall notify us fifteen (15) days before the payment for the corresponding plan is collected.

7.3. Overdue payments

In case of overdue payments by the Professional User, TMT reserves the right to cease providing the service if, after seven (7) calendar days as of the date of overdue payment, said monthly fee is still outstanding. In such a case, TMT shall proceed to block the Professional User's access to the online software, as well as to the mobile applications. The Professional User may download from the "Reports" section the information and data that are hosted in TIMP. The Professional User shall proceed to make the payment of the monthly fee within a maximum of fifteen (15) days as of the start of the blocking. If such payment is not made, TMT reserves the right to initiate the corresponding actions.

8. Intellectual Property and License to use

TMT is the owner of TIMP, of the associated mobile application, of its manuals and any other related material, as well as, by way of illustration and not limitation, of the content accessible through the website www.timp.pro, TIMP and its app, brands and other distinctive signs. The intellectual property rights associated with these intangible assets are owned by TMT, which has the exclusive right to use and exploit them in accordance with the applicable regulations.

The license 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 current plan. In any case, this license to use is limited to allowing the Professional User to use TIMP and the mobile application under the corresponding terms and conditions. It is expressly prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate TIMP and the mobile application or any part thereof, or to reverse engineer the source code of TIMP and its mobile application. It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, publish or distribute in any way totally or partially of the content included on the website www.timp.pro, TIMP, and its mobile application, for commercial or any other purposes, without the express written consent of TMT or, where applicable, of the corresponding rights holder.

9. Updates and technical support.

TMT shall adapt TIMP according to those modifications or updates it considers necessary or convenient. Updates shall be applied automatically according to the software evolution calendar established by TMT.

TMT does not guarantee the permanence of the current software features in their current state, being able to carry out at any time the updates or modifications that it considers convenient.

TMT attends to inquiries regarding the features and operation of the TIMP software by means of an e-mail service at the address soporte@timp.pro.

10. Obligations

These are TMT's obligations:

  1. To allow the Professional User to use the TIMP online software and mobile application for the purposes described in the third section of these terms and conditions and in the particular terms and conditions.
  2. To allow the Professional User to access the information available to TMT about the appointments scheduled by the Users.
  3. To show in TIMP the information introduced by the Professional User as well as those modifications that they might make.
  4. To deposit in the bank account owned by the Professional User the amount remaining after the subtraction of the amount corresponding to the commission taken by TMT from the amount paid by the End User in payment of the voucher purchased, according to the agreed commission percentage.

These are the Professional User's obligations:

  1. To keep updated the profile of Professional User in TIMP by rectifying, if necessary, personal data, name or company name, Tax ID.,
  2. address, bank details or any other information required by TMT in TIMP, in addition to keeping the prices, sessions and services offered through TIMP updated.
  3. To pay the monthly fee corresponding to the current plan, within the agreed time limit and in the agreed form.
  4. To receive and respond any kind of claims from third parties regarding the services provided by the Professional User as well as those related to the updating of published prices and services.
  5. The Professional User must also have all the economic or intellectual property rights for the contents included in TIMP.
  6. The Professional User shall indicate in TIMP the Professional User's policy on changes, cancellations, and refunds, so that the End User may know this policy before making payment. To inform End Users of their privacy policy in a timely manner.
  7. The Professional User shall attend to the User's requests for cancellation, refund, or changes in the service in accordance with the cancellation policy, change, reimbursement, and refund policy published at TIMP, observing, in all cases, the provisions of these general terms and conditions regarding the refund policy towards the Users.
  8. To grant the corresponding authorizations so that TMT can, directly or through the collection service providers selected by TMT, through TIMP manage the collection of payments made by the End User in consideration of the acquisition of services or redeemable vouchers for services provided at the Professional User's centre(s).
  9. To allow TMT, directly or through collection management service providers selected by TMT, to deduct from the amount paid by the User the value corresponding to the commission for the collection management service in accordance with these terms and conditions.
  10. To provide the End User with the invoice, ticket, or tax document to be generated as a result of the acquisition by the User of the service or redeemable voucher for the services provided at the Professional User's centre(s), showing the total amount, without deducting the commission invoiced by TMT, and VAT, if applicable.
  11. Have all necessary permits and administrative authorisations in place.
  12. Make diligent use of the content and services accessible from TIMP.

11. Liability Disclaimer

11.1. Exemption from liability for service outages and inability of the Professional User to access TIMP.

TMT shall ensure, as far as reasonably possible, and within the limitations established in these Terms and Conditions, the correct performance of the TIMP software. However, TMT shall not be responsible for any interruptions in access which may occur due to causes beyond its control, such as incidents in the communication networks, programme maintenance tasks, incident resolution, among others; although every effort has to be made to ensure that these do not occur. With respect to any scheduled or known interruptions, TMT shall give reasonable advance notice to the Professional User, disclaiming any responsibility for the Professional User's inability to access the software.

11.2. Exemption from liability to the End User.

TMT is not part of the contractual relationship established by each Professional User with their corresponding End Users, and therefore shall not be responsible to said End Users. By way of example and not limitation, TMT not shall be responsible for the adequate provision of the services offered by the Professional User, even when using TIMP for the management of appointments, agendas, and End Users, nor for those whose payment has been managed through TIMP, without prejudice to what is established in these terms and conditions regarding the refund policy.

In addition, 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 if a claim is made by the End User against TMT, the End User shall be directed by TMT to the Professional User for the purpose of making the claim.

12. Disclaimer and Limitation of Liability

In case of a claim by the Professional User for non-fulfilment and/or damages of any kind arising from the use of TIMP, the Professional User agrees that TMT shall be liable up to the amount of the monthly fee paid by the Professional User for the period in which the incident or the damage occurred.

The Professional User accepts and acknowledges that any claims concerning quality or diligence regarding the provision of the service that may be made by the User shall be assumed by the Professional User.

Likewise, the Professional User claims to know that the TIMP software is not designed to meet their particular needs but is intended to fulfil a general purpose. There is no guarantee that the programme's capabilities are those that, in the Professional User's opinion, should be fulfilled, nor that they respond to particular needs of the Professional User.

13. Prohibitions.

Any use other than the purpose of TIMP indicated in these terms and conditions is prohibited, and the Professional User shall be liable for any damages caused as a result of non-compliance with any of the obligations contained in these conditions.

No part of the TIMP software may be reproduced, including for personal use, by any means and in any form, permanent or temporary, the translation, adaptation, arrangement or any other transformation and the reproduction of the results of such acts and any form of public distribution, including the rental of the software or any assignment of use to unauthorized third parties or reverse engineering of TIMP, is prohibited.

These acts constitute an infringement of TMT's exploitation rights, and may constitute a crime against intellectual property.

14. Data protection.

The data provided by Professional Users are processed in accordance with the provisions of the TMT Privacy Policy, published at https://www.timp.pro/politica-de-privacidad

15. Configuration of personal information.

From TIMP it is possible for End Users and Professional Users to access and update their profile information, both through the web application and the mobile application. These changes shall take effect immediately once they are saved and shall be received by TIMP to be taken into account for subsequent uses.

An End User can request unsubscription from the Professional User the services of whom they have signed up for through the mobile application, from the "Cancel Subscription" menu. The Professional User shall contact the End User to indicate the steps to be followed.

16. Nullity or ineffectiveness of the Clauses

If any clause that has been included in these Terms and Conditions is declared, totally or partially, null and void or ineffective, such nullity or ineffectiveness shall affect that provision or, as the case may be, the part of it that is null and void or ineffective, such provision being considered totally or partially not included, the other agreements included in the Terms and Conditions being enforceable.

17. Updating or Modifying the Terms and Conditions

TMT reserves the right to make any updates or modifications to the Terms and Conditions that it considers appropriate. These shall always be published to make it easier for Users to read and inquire them at any time, and Professional Users shall also be informed by telematic means of any relevant modifications.

18. Applicable law and jurisdiction

These Terms and Conditions shall be governed by and interpreted in accordance with Spanish law in those matters not expressly established.

For the resolution of any dispute between TMT and the Professional User arising from the interpretation, execution or compliance with these Terms and Conditions, the courts of the city of Valencia shall be competent, expressly waiving any other corresponding jurisdiction.

 

In Valencia, on 1 February 2020