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Terms and Conditions
TimeMoto B.V. (“TimeMoto”) is a private limited company with its registered office in Zoetermeer (the Netherlands) at Heliumstraat 14 (2718 SL), and which can be reached via the email address firstname.lastname@example.org. TimeMoto is registered in the trade register of the Chamber of Commerce under number 91041708. TimeMoto’s VAT number is NL865535012B01.
TimeMoto places great value on its relationships with its customers. TimeMoto therefore considers it important to clearly explain what terms and conditions are attached to the use of TimeMoto. By using TimeMoto, you agree to these terms and conditions.
These Terms and Conditions apply to agreements (“Agreements” or “Agreement”) concluded by TimeMoto with you with regard to the use of the software-as-a-service, the TimeMoto Cloud, (“SaaS”) services offered by TimeMoto. “You” (with or without capitals) means the natural person in the exercise of its profession or business who or legal entity that concludes the Agreement with TimeMoto with regard to the use of the SaaS. By “Parties” is meant TimeMoto and you together, or either one by “Party”.
2. Rights of use and intellectual property
2.1 TimeMoto grants a right of use for the SaaS for the duration of the Agreement (“Subscription Licence Period”). The right of use is not exclusive and not transferable. All intellectual property rights relating to the SaaS are vested in TimeMoto or its licensors, if any. You may use the SaaS only in and for your own business or organisation and solely for its intended use. You are not entitled to make the SaaS available to third parties or grant third parties access to it in any way.
2.2 If the subscription licence type you have chosen is limited to a specific number of users, you may not allow the SaaS to be used by more users than stated in the Agreement.
2.3 In order to exercise your right of use of the SaaS, you will have one or more user names and corresponding passwords at your disposal. These are strictly personal and may only be used by the persons in whose name user names are registered. User names may not be shared by persons. If someone logs in to your account by entering the user name and password as provided to you, TimeMoto assumes that this login is made with your consent. If you know or suspect that your user name and/or password is being used in violation of these Terms and Conditions, you must immediately report this to TimeMoto.
2.4 TimeMoto is entitled to issue an updated version of the SaaS (upgrade).
2.5 The SaaS can also be used on mobile devices via the TimeMoto-app. However, TimeMoto does not guarantee that the TimeMoto-app is compatible with every mobile device. The TimeMoto-app can be downloaded from the Apple app store or from the Google Play store. However, these Terms and Conditions only relate to the relationship between TimeMoto and you.
3.1 You will owe a fee for the use of the SaaS after expiry of the Trial Period (see Article 7.1) and depending on the subscription licence type chosen. The amount of the fee can be found on the TimeMoto website and/or in the Agreement. This fee must always be paid in advance by credit card. If the Agreement is renewed, the amount of the fee owed by you will be debited from your credit card. Your right of use of the SaaS will be suspended as long as your credit card cannot be debited for the full amount due. You are not entitled to set off the fee owed to TimeMoto or to suspend your payment obligations.
3.2 TimeMoto is entitled to adjust the amount of the fee. This adjustment will take effect upon the next extension of the Subscription Licence Period. Any adjustment of the fee will be announced at least thirty (30) calendar days before taking effect.
3.3 If TimeMoto offers a free version of the SaaS and you use this version, no fee is owed. TimeMoto may at any time decide to terminate the free version of the SaaS and/or to change it to a paid version. If TimeMoto decides to change the free version to a paid version, you will be notified at least thirty calendar days in advance. If you indicate in such a case that you do not wish to use a paid version of the SaaS, the Agreement ends immediately.
4. Functionality of TimeMoto
4.1 The SaaS is offered “as is”. The functionality to which your right of use relates depends on the subscription licence type chosen. The subscription licence types can be found on the TimeMoto website.
4.2 TimeMoto may unilaterally, without notification and at any time, decide to add, remove and/or change functionalities of the SaaS.
4.3 You are responsible for the SaaS being compatible with your hardware and/or other software that you use. TimeMoto makes no warranty in this respect, not even if it is indicated on the TimeMoto website or elsewhere that TimeMoto can be linked to third-party software and/or hardware.
4.4 TimeMoto is not responsible for third-party products. TimeMoto makes no warranty for the operation and/or availability of third-party products, of which it is indicated on the TimeMoto website or elsewhere that they can be linked to TimeMoto.
5.1 The granting of a right of use for the SaaS is considered a best-efforts obligation on TimeMoto’s part. This means that TimeMoto does not warrant the continuous availability of the SaaS for example but not limited to network failures, and does not warrant that the SaaS functions without errors.
5.2 In order to exercise the best-efforts obligation described in the first paragraph, TimeMoto will perform maintenance on the SaaS from time to time. The SaaS will not be available during such maintenance.
6. Liability and indemnification
6.1 Except for wilful intent or deliberate recklessness on the part of its managers, TimeMoto’s liability is excluded, also for any deficiencies in the security and availability of the SaaS, regardless of its legal basis. TimeMoto’s liability for indirect damage is always excluded. In any event, indirect damage is understood to mean, but not limited to, loss of profit, loss of savings, reduced goodwill, business interruption, employee or third-party claims and corruption or loss of data.
6.2 You indemnify TimeMoto, its employees and any other agents engaged for the performance of the Agreement against any third-party claim in connection with the use of TimeMoto, including claims related to or in connection with the processing of personal data, in so far as such claims are more or different than those that you are entitled to make vis-à-vis TimeMoto.
7. Term and termination
7.1 The initial Subscription Licence Period is thirty (30) days (“Trial Period”). During the Trial Period, you can use the SaaS free of charge. After expiry of the Trial Period, the Agreement ends unless you have extended the Subscription Licence Period before the expiry. You can use a free Trial Period only once.
7.2 The Subscription Licence Period may be extended for a period of thirty (30) days or one (1) year, at your discretion.
7.3 If no notice of termination is given or if notice of termination is given too late and you do not choose any other Subscription Licence Period or subscription licence type, the Subscription Licence Period will be tacitly extended for the duration and for the subscription licence type you have most recently chosen. The fee owed will be debited from your credit card.
7.4 Notice of termination with effect from the end of the applicable Subscription Licence Period can be given at any time. You can terminate your subscription by logging into your account and submit your termination or you can terminate your subscription by using the Contact Form on the TimeMoto website.
7.5 Regardless of the subscription licence type, TimeMoto is always authorised to terminate the Agreement immediately without having to observe a notice period.
7.6 At the end of the Agreement, the right to use the SaaS lapses. You are responsible for securing any data from the SaaS before the end of the Agreement. TimeMoto may destroy that data at the end of the Agreement. Data is understood to mean the data stored by you in the SaaS. The personal data stored within the SaaS is subject to the provisions of the data processing agreement concluded between TimeMoto and you.
The Parties undertake to keep confidential any information that they have received from each other of which they know or can reasonably suspect that such information must be treated as confidential. This does not apply if the other Party is required to provide that information under applicable law and/or regulations or a judicial decision.
9. Choice of law and forum
The Agreement is governed by Dutch law. Disputes between you and TimeMoto that arise out of this Agreement or in connection with this Agreement can only be submitted to the District Court of The Hague.
10. Final provisions
10.1 Any oral commitments and Agreements are superseded. Additions or amendments to the Agreement or these terms and conditions are only valid if they have been agreed in a document that is signed and dated by both Parties, unless otherwise stated in these Terms and Conditions and/or in the Agreement.
10.2 TimeMoto is authorised to unilaterally amend or supplement these Terms and Conditions. TimeMoto will inform you in advance of any amendment or supplement.
10.3 Rights and obligations under the Agreement are not transferable without the consent of the other Party.
10.4 TimeMoto will process personal data in the manner described in the data processing agreement concluded between you and TimeMoto. These General Terms and Conditions and the data processing agreement are inextricably linked.