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Terms & Conditions

Last updated in November 2020

Introduction

The following Terms and Conditions apply to the relationships between You (as a user of the Website and/or a purchaser/user of Services getting the Services solely for business purposes) and Time is Ltd. s.r.o., with its registered office at Kafkova 346/14, 160 00 Praha 6, registered in the Commercial Register with the Municipal Court in Prague, File No. C 262767, IC: 054 46 872, DIC: CZ05446872 (further as „We“, „Us“, „Our“ or „TIL“).
When We refer to “You” and “Your” We mean the user of the Website and/or purchaser and/or user of the Services for the business purposes.
When We refer to the “Services”, We mean the specific proprietary software-as-a-service product(s) of TIL in particular Platform, OrgChart, Account Relationship Mapping, Workplace Insights, Meeting Rater, and My Analytics [and to TIL mobile application(s)] ordered by You, including any related  services provided by TIL, and excluding any third-party services, that help You to optimize Your productivity, time resources and to reveal communication issues, meeting patterns through integration of the most used communication tools.

The above Services being available to You through www.timeisltd.com (“Website”) and on other platforms as Google Workspace Marketplace, Salesforce appexchange, as applicable. If You cannot find a Service type that You are interested in, please contact Us at info@timeisltd.com.

Any visit and/or use of the Website, regardless You purchase the Services, is regulated by these Terms and Conditions. You purchase/obtain the Services through the Website solely for the business purposes and such purchase and subsequent use of the Services will be regulated by these Terms and Conditions and Service Specific Terms, if applicable, as available when purchasing and/or ordering individual TIL Services.

These Terms and Conditions (together with the Service Specific Terms, if any) form a legally binding contract between Us and You. You agree to be bound by these Terms and Conditions (together with the Service Specific Terms, if any) by getting the Services for a one month trial period as specified below or by installing and/or purchasing and/or using Services. These Terms and Conditions are also applicable to any use of the Website, in particular Third Party Tools, Third Party Links, User Comment, Feedback and Other Submissions, Prohibited Uses, Personal Information, Errors & Omissions, Copyright, Disclaimer, Indemnification, Legal Governance and Complaints, You agree to be bound by these Terms and Conditions (“Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by a hyperlink.

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

By agreeing to these Terms and Conditions, You represent that You are at least the age of majority in Your state or province of residence, or that You are the age of majority in Your state or province of residence and You have given Us Your consent to allow any of Your minor dependents to purchase/get the Services and/or to use this Website and to be bound by the Terms and Conditions.

We reserve the right to change the Terms and Conditions under which the Website and the Services are provided. Any such change in these Terms and Conditions will be effective to all new orders and new Website access, once included in the text of these Terms and Conditions will be published on the Website. You should check the Terms and Conditions posted on the Website periodically to ensure that You are aware of and comply with the current version.

Please read these Terms and Conditions carefully before accessing or continue using Our Website. Unless You agree with all the Terms and Conditions (incl. additional terms and conditions and policies referenced herein and/or available by a hyperlink) as later amended, You may not access the Website and/or obtain and/or use any Services. Your continued use of Our Website and/or Services means that You have accepted these Terms and Conditions including additional terms and conditions and policies referenced and/or available by the hyperlink.

If You have any questions about the Terms and Conditions, the Services and the Website, please email Us at: info@timeisltd.com



PERSONAL INFORMATION

By accessing the Website or using the TIL Service, You confirm that You read and made yourself acquainted with the Privacy Policy available at: http://www.timeisltd.com/privacy-notice-for-clients/          .
By installing and/or purchasing and/or using our Services and uploading any personal data to Our applications, You conclude the Data Processing Agreement between You as a client and data controller in the meaning of the General Data Protection Regulation (EU) (2016/679)  and applicable Data Protection Legislation (in particular Act No. 110/2019 Coll., on

Data Processing as later amended) and Us as data processor, content of which is available at: https://www.timeisltd.com/services-terms/dpa

Should You decide to  give Us Your consent for additional purposes as for example PR and marketing activities, direct marketing, participation in trainings or workshops (webinars) organized by Us or by Our partners or other customer events, please give Us Your consent via this link: [……………………..].

ONLINE TERMS
You represent and confirm hereby that You, as a business, are buying and/or using the Service for their intended purpose and solely for Your business purposes. If You are using the Website, buying and/or using the Service on behalf of a company/legal entity or other organization, You represent that You have the authority to bind such company/legal entity or organization by Your actions.

GENERAL CONDITIONS
We reserve the right to refuse to sell the Services in the benefit to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any Services and/or any portion thereof, and or access the Website for the above purposes without Our prior written permission.

You may not use Our Services for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, or infringe thereby or violate Our intellectual property rights or the intellectual property rights of others.

In addition to the above and as described in more detail in the PROHIBITED USES section below, You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (d) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (e) to collect or track the personal information of others; or (f) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet.

We reserve the right to terminate Your use of the Service(s), Website or any related website for violating any of the prohibited uses with the immediate effect.

You are responsible for ensuring that Your login details, password and all other details in relation to Your account remain confidential at all times.    

ERRORS, INACCURACIES AND OMISSIONS
We try to make sure that all information on the Website, including description of Our, Services and listed prices are accurate at all times, however mistakes may happen. We will try to resolve all information errors on the Website as soon as reasonably possible, and if We reasonably think that such an error has affected Your purchase of the Services, We will undertake the reasonable effort to let You know. However, because We undertake these steps and unless explicitly prohibited by applicable laws, We will not be liable to You for any errors on the Website whatsoever, unless caused by Our willful misconduct or gross negligence.

Occasionally there may be information on Our Website, on the Service that contains typographical errors, inaccuracies or omissions that may relate to Services’ descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after You have submitted Your order).

While every care is taken to ensure that all information on this Website is correct, there may still be errors or omissions. If You find an error or omission please let Us know by emailing on info@timeisltd.com     and We will correct it as soon as possible after verification.

COPYRIGHT & OTHER RIGHTS
The Website and all text, images, information, photographs contained within it, are owned by and licensed to TIL. The copyright and all other intellectual property rights in the content contained on the Website are the sole and exclusive property of TIL.

The contents of the Website and the Website as a whole are intended solely for personal, non-commercial use, You may browse the Website and print its contents for this purpose only. You may not use, transfer, copy or produce any part of the Website in any form or by any means except for the sole purpose of viewing its content for Your personal use, unless You have the express written permission of TIL.

PRODUCTS OR SERVICES
Certain Services may be available exclusively online through the Website.

We reserve the right but are not obliged to limit the sales of Our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the Services that We offer. We reserve the right to discontinue any Services at any time. Any offer for any Services made on this Website will be treated by Us void, if and to the extent prohibited.

We do not warrant that the quality of the Services, information, or other material purchased or obtained by You will meet Your expectations, fit for a particular purpose or be fully compliant in Your jurisdiction, or that any and all errors in the Service will be corrected.

ORDERING AND ON-LINE PURCHASING, ACCURACY OF BILLING AND ACCOUNT INFORMATION
Prices for Our Services are subject to change without notice.

You and TIL may agree on an order for purchase of the Service(s) that reference the Terms and Conditions (and Service Specific Terms, if any) (the “Order”). These Orders are subject to the Terms and Conditions (and Service Specific Terms, if any) and will set out the relevant TIL Service, support, product descriptions, and other relevant information applicable to that Order and the specific TIL Service.

A binding contract shall be concluded between You and TIL, when We make the Services available for Your use and/or You start using the Services and/or You upload the Services. We reserve the right to refuse any Services in Your Order prior to the acceptance by Us. If a Service is not available We will inform You about the unavailable Service in the email. A Services which is not available will not be included in the contract and Your credit card will be refunded with the original price of the Services that are not provided to You due to their unavailability and which are not part of the contract. Under no circumstances will We be liable to You for any additional amounts.

We can only accept Order for Services that are available for use by You. In exceptional circumstances, if We are not able to fulfill Your Order, Your credit card will be refunded with the original price and We will notify You by e-mail. Under no circumstances will We be liable to You for any additional amounts.

You agree to provide current, complete and accurate purchase and account information for all purchases made at Our Website. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that We can complete Your transaction and contact You as needed.

You agree to pay all fees in the currency and payment period and payment frequency specified in the applicable Order. TIL’s fees are exclusive of all taxes, and You must pay any applicable sales, use, VAT, GST, excise, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of TIL. You will make tax payments to TIL to the extent amounts are appropriately included in TIL’s invoices. TIL sends invoices electronically, in advance, as set out in the Order. If You require an Order number referenced on TIL’s invoice, You must promptly provide the Order number. If You do not promptly provide the Order number, You agree to pay the invoice without a referenced Order number.

Payments are non-refundable and non-creditable and payment obligations non-cancellable. Undisputed late payments may be subject to a service charge equal to the lesser of 1.5% per month of the amount due or the maximum amount allowed by law.

We reserve the right to refuse to supply any Order and/or any person for whatever reason. We may, in Our sole discretion, limit or cancel quantities per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. If We make a change to or cancel an Order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at the Website. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates so that We can complete Your transactions and contact You as needed.

As our relationship is of a business nature and not of a consumer type of relationship, by means of the payment of a retainer of fee as available for any type of the Service after a free of charge trial period, You accepted our Services as meeting Your expectations and being fit for Your purposes. For the avoidance of doubt the retainer fee (whether annual, half-year, quarterly, monthly or any other frequency) and the length of the trial period may vary from time to time and on a Service by Service basis at TIL’s discretion. The choices are available once ordering the Service. In such case by You paid retainer fee is non-refundable and Your only right is not to prolong Your contract with Us.

OPTIONAL TOOLS
We may provide You with access to third-party tools (the “Third Party Tools”) over which We neither monitor nor have any control nor input.

You acknowledge and agree that We provide access to such Third Party Tools ”as is” and “as available” without any warranties, representations or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional Third Party Tools.

Any use by You of optional Third Party Tools offered through the Website is entirely at Your own risk and discretion, and You should ensure that You are familiar with and approve of the terms on which Third Party Tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new Third Party Tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

THIRD-PARTY LINKS
Certain content, products and services available via Our Website may include materials from third-parties.
Third-party links on this Website may direct You to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy, and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us. We are and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay compensation for any Comments; and (iii) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;(d) to infringe upon or violate Our  intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate Your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We make reasonable effort to keep the Website up-to-date but cannot guarantee that this Website and its content is completely free of technical errors. By using this Website, You acknowledge that You take full responsibility for all costs associated with all necessary servicing or repairs of any equipment You use in connection with this Website. We are also not liable for any damages associated with the use of this Website however caused.

We do not guarantee, represent or warrant that Your use of Our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be completely accurate or reliable.

You agree that from time to time We may stop operating the Website and/or cancel Services or any parts thereof for definite or indefinite periods of time at any time, without notice to You.

Unless explicitly prohibited by local mandatory laws, You expressly agree that Your use of, or inability to use, the Website and/or Service is at Your sole risk. The Website and all Services delivered to You through the Website are (except as expressly stated by Us otherwise herein) provided 'as is' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose.

Our total liability for any claim howsoever arising from any use of the Website, or purchase of any Services or in connection thereto, shall be limited to the damage and/or loss caused directly by TIL and any of its partners, officers, directors, agents, contractors, license, service providers, subcontractors, suppliers, interns and employees and it shall not exceed the price of the Services (in relation to which the damage occurred) supplied by Us to a particular customer, together with any postage costs incurred, except for the willful misconduct and gross negligence conduct on the side of TIL and/or any of its partners, officers, directors, agents, contractors, license, service providers, subcontractors, suppliers, interns and employees as confirmed by a final and binding court ruling.

In no case shall TIL, any of its partners, officers, directors, agents, contractors, license, service providers, subcontractors, suppliers, interns and employees be liable for any consequential loss, any loss of profit, third party claims against any user of the Website or the customer, even if reasonably foreseeable or even if We are advised of the possibility that the customer and/or user of the Website may suffer any such loss, whether this arises from a breach of duty in contract, statutory duty, tort or in any other way.

Exclusion
Because some states or jurisdictions do not allow the exclusion or the limitation in their entirety as specified and agreed above, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless TIL, its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of these Terms and Conditions or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.

SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either You or us. You may terminate these Terms and Conditions at any time by notifying Us that You no longer wish to use Our  Services, or when You cease using Our  Website.

If in Our  sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these Terms and Conditions, We also may terminate this agreement at any time without notice, and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to Our  Services (or any part thereof).

GOVERNING LAW
This Website, its contents and any contracts arising out of it or concluded in relation to the use of it are governed by Czech Republic law, in particular Act No. 89/2012 Coll., Civil Code. By entering into a contract You and Us agree to submit to the exclusive jurisdiction of the Courts of Czech Republic having its jurisdiction based on the registered office of TIL.

ENTIRE AGREEMENT
The failure of Us  to exercise or enforce any right or provision of these Terms and Conditions, or any other document that form an inseparable part thereof (see a non-exhaustive list thereof below) shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by Us  on this Website or in respect to the Service purchase constitutes the entire agreement and understanding between You and Us and govern Your use of the Website, purchase of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Documents that are inseparable part of the agreement between You and Us:
Privacy Policy: https://www.timeisltd.com/privacy-policy-privacy-notice
Cookies Policy: https://www.timeisltd.com/cookie-policy
The agreement will not be archived with TIL.

THE TERMS OF SERVICE UPDATES
You can review the most current version of the Terms and Conditions at any time at this Website.

COMPLAINTS
We will always strive to offer the very best level of service to all Our customers, but should You wish to raise a complaint, please e-mail to info@timeisltd.com and We will do Our best to resolve Your complaint as quickly as possible. TIL team is here to help You!