Terms of sale

PREAMBLE

TIMIZER is a simplified joint-stock company (société par actions simplifiée), located at 127, rue Amelot in Paris 75011, registered with the Paris R.C.S. under number 953928009.

TIMIZER publishes and operates a website accessible at https://timizer.io/ (hereinafter the “Site“), on which it offers a software solution for managing activity reports (hereinafter “CRA“).

The user (hereinafter the “Subscriber“) refers to the natural or legal person who has subscribed to the services offered by TIMIZER, strictly for professional purposes.

This agreement grants the Subscriber a License to access and use the subscribed services.

TIMIZER and the Subscriber are individually referred to as a “Party” and collectively as the “Parties.”


1. Object of the Contract – Capacity of the Parties

The purpose of this contract is to define:

  • Subscription methods for TIMIZER services.

  • Description of the services provided.

  • The content of the license to access and use the online solution.

  • Financial and legal conditions for subscription and usage.

Each party declares they have the legal capacity to enter into this contract and are not in a state of cessation of payments or collective proceedings.

2. Subscription Process

2.1. Creation of a Subscriber Account

To subscribe, the Subscriber must provide a valid email address. Accounts may be created automatically or manually by TIMIZER (e.g., when upgrading to an Enterprise account). The Subscriber agrees to provide sincere and complete data and keep it updated.

2.2. Subscription to Services

Access is granted once the contract is accepted and the monthly subscription fee is paid. TIMIZER reserves the right to request proof of professional activity or business registration.

2.3. Use of Services

A license allows for one single user account. This account does not permit multiple simultaneous accesses.

  • Suspension: TIMIZER may suspend accounts for suspicious activity.

  • Enterprise Account: The Subscriber has administrator access to manage individual accounts for personnel belonging effectively to their structure.

3. Services Offered by TIMIZER

3.1 Basic Plan

  • Unlimited CRAs and Clients.

  • Digital handwritten signature.

  • PDF generation and Reporting.

3.2 Freelance Plan

Includes Basic features plus:

  • CRA personalization, Default provider, CRA sharing, Client signature, and Priority support.

3.3 Enterprise Plan

Includes Freelance features plus:

  • Team management, Role management, Mission assignment, Reminders, and CSV exports.

  • Consumption-based option: Unlimited users; billing is based on the volume of CRAs generated.

4. Service Level

4.1. Functionalities

Services are standardized and not specifically developed for a single industry.

4.2. Evolution

TIMIZER reserves the right to evolve, replace, or remove features to improve the service or comply with regulations.

4.3. Inaccessibility

TIMIZER aims for stable access but does not guarantee total absence of errors. Access may be temporarily interrupted for maintenance. TIMIZER is not liable for force majeure interruptions.

6. White Label Marketing

Reserved for Enterprise accounts, this allows interface customization via a quote. The Client is solely responsible for graphical configurations and intellectual property (logos, etc.) used.

7. Support

TIMIZER provides email support for technical assistance. It is not professional coaching; excessive requests may lead to a training proposal.

8. Access and Use License

TIMIZER grants a non-exclusive, strictly personal license to access and use the services. It is non-transferable. Access for named users within the Subscriber’s structure constitutes a “dismemberment” of the license, not a sub-license.

8. Financial Conditions (Duplicate Numbering in Original)

8.1 Simple Subscription

Prices are listed on the site (in Euros, excl. tax). Payment is recurring via credit card on the monthly anniversary date.

8.2 Consumption-based Subscription

The Client pays monthly based on the number of CRAs generated (shared or downloaded). Payment is by direct debit upon receipt of invoice.

10. Rate Revision

TIMIZER may revise rates on January 1st each year, with one month’s notice via email.

11. Payment Default and Delay

Access is suspended until payment is regularized. Late penalties equal to three times the legal interest rate plus a €40 flat recovery fee may apply.

12. Duration and Termination

12.1 Duration

Minimum commitment of one month, renewing monthly. Termination is via the admin panel (Freelance) or email (Enterprise). Current months are non-refundable.

12.2 Early Termination

TIMIZER may terminate without notice for:

  • Breach of contract.

  • Acts harming TIMIZER’s image.

  • Collective proceedings.

12.3 Effects of Termination

Access remains in “read-only” mode (CRAs visible) for Enterprise; Freelance accounts revert to the Free plan.

13. Transfer of Contract

Parties may assign the contract in case of a change of control or business sale. The Subscriber cannot partially assign rights.

14. Liability

14.1 Professional Capacity

The Subscriber guarantees they have the professional capacity to use the services. TIMIZER is not liable for non-compliant usage.

14.2 No Active Role

TIMIZER provides a standardized service under the Subscriber’s responsibility. It is not a substitute for the Subscriber’s own legal obligations.

14.3 Account Access

The Subscriber is solely responsible for account security and passwords.

14.4 Limitation of Liability

TIMIZER is not liable for indirect damages (loss of turnover, etc.). Direct damage liability is limited to the total amount paid by the Subscriber in the 12 months preceding the event.

15. Force Majeure

Parties are not liable for non-performance due to events beyond control (Article 1218 of the Civil Code), including power outages, internet failures, or cyberattacks.

16. Independence of Parties

The parties remain legally and financially independent.

17. Personal Data

17.1 TIMIZER as Data Controller

Data is collected for contract execution and legal compliance. It is stored in France. Users have rights to access, rectification, and erasure, exercisable via contact@timizer.io.

17.2 TIMIZER as Data Processor

When processing data for the Subscriber, TIMIZER acts as a subcontractor under GDPR. TIMIZER commits to confidentiality, security, and assisting the Subscriber with impact assessments and data breaches.

18. Intellectual Property

No transfer of IP occurs. Reproduction of the Site or services without authorization is infringement. Deep linking to the site is prohibited.

19. Entire Agreement

This contract replaces all prior documents. If one clause is void, others remain in effect unless the clause was essential.

20. Dispute Resolution

This contract is governed by French Law. Parties will seek an amicable solution first. Disputes fall under the exclusive jurisdiction of the Commercial Court of Paris (Tribunal de commerce de Paris).