Terms of use

TERMS AND CONDITIONS

These Terms govern:

the use of Timizer, and,
any other related Agreement or legal relationship with the Owner

in a legally binding manner. Words beginning with a capital letter are defined in the corresponding sections of this document.

The User must read this document carefully.

Although the entire contractual relationship relating to these Products is concluded solely by the Owner and the Users, Users acknowledge and accept that, when Timizer has been provided to them via Apple’s App Store, Apple may enforce these Terms as a third-party beneficiary.

The following entity provides Timizer:

Timizer – 127 rue Amelot 75011 Paris

Owner contact email: contact@timizer.io

The following files are incorporated by reference into these General Conditions:

Application Programming Interface (API) Terms

At a Glance: What Users Need to Know

Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may apply only to Consumers or Users who do not qualify as Consumers. Such limitations are always expressly mentioned in each affected clause. In the absence of such mention, the clauses apply to all Users.

The use of Timizer and the Service is subject to an age limitation: to access and use Timizer and its Service, the User must be an adult under applicable law.

GENERAL TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section generally apply during the use of Timizer.

Unique or additional terms of use may apply in specific contexts and are then indicated additionally within this document.

By using Timizer, Users agree to comply with the following conditions:

There are no restrictions for Users in terms of their status as Consumer or Business User.
Users must be recognized as adults by applicable law.
Users are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country.
Users are not listed on any U.S. Government list of prohibited or restricted parties.

Account Creation

To use the Service, Users must register or create a User account by providing all necessary data or information in a complete and honest manner. Failure to do so will result in the Service being unavailable.

Users are responsible for keeping their login credentials confidential and ensuring their security. Users must choose passwords that meet the highest strength standards allowed by Timizer.

By registering, Users acknowledge full responsibility for all activities that occur under their username and password.¹

Users are required to inform the Owner immediately and unequivocally, using the contact details provided in this document, if they have reason² to believe that their personal information, specifically user accounts, access permissions, or personal data, has been breached, improperly disclosed, or stolen.

Conditions for Account Creation

The creation of User accounts on Timizer is subject to the conditions set out below. By registering, Users agree to comply with such conditions:

Accounts created by bots or other automated methods are not permitted.
Unless otherwise specified, each User may register only one account.
Unless expressly authorized, a User account may not be shared with other people.

Account Closure

Users may close their account and stop using the Service at any time by:

Using the tools provided for account closure on Timizer.
Directly contacting the Owner using the contact details provided in this document.

Account Suspension and Deletion

The Owner reserves the right, at its sole discretion, to suspend or delete User accounts deemed inappropriate, infringing, or in violation of these Terms at any time and without notice.

The suspension or deletion of User accounts will not entitle Users to any claims for compensation, damages, or reimbursement.

Suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on Timizer

Unless otherwise stated or clearly identifiable, all content accessible on Timizer belongs to the Owner or its licensors, or is presented by them.

The Owner endeavors to ensure that the content presented on Timizer does not infringe any applicable legal provision or third-party rights. However, it is not always possible to achieve this result.

In such cases, without prejudice to the legal prerogatives of Users to enforce their rights, Users are requested to report any complaint using the contact details provided in this document.

Rights Regarding Content on Timizer

The Owner holds and reserves all intellectual property rights for this content.

Consequently, Users may not use this content in any way that is not necessary or implied in the proper use of the Service.

Specifically, but not limited to, Users may not copy, download, share (beyond the limits set out below), modify, translate, transform, publish, transmit, sell, sub-license, edit, transfer/assign to third parties, or create derivative works from the content accessible on Timizer, or allow any third party to do so through the User or their device, even without the User’s knowledge.

Where expressly indicated on Timizer, the User may download, copy, and/or share content accessible on Timizer, for purely personal and non-commercial use and provided that copyright attributions and all other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright remains intact.

Access to External Resources

Through Timizer, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and will therefore not be responsible for their content and availability.

The conditions applicable to resources provided by third parties result from the Terms and Conditions of such third parties or, in their absence, from applicable statutory law.

Acceptable Use

Timizer and the Service may only be used for the purpose for which they were provided, under these Terms and applicable Law.

Users are solely responsible for ensuring that their use of Timizer and/or the Service does not infringe any applicable law, regulation, or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, including denying the User access to Timizer or the Service, terminating contracts, or reporting any misconduct committed through Timizer or the Service to the competent authorities (such as judicial or administrative authorities) when Users engage or are suspected of engaging in the following activities:

A violation of applicable laws or regulations and/or these Terms;
Infringement of any third-party right;
Considerable harm to the legitimate interests of the Owner;
Offense to the Owner or a third party.

API Terms of Use

Users may access their data related to Timizer through the Application Programming Interface (API). Any use of the API, including the use of the API through a third-party product/service that accesses Timizer, is bound by these Terms, and specifically these provisions:

The User expressly understands and agrees that the Owner shall not be held liable for any damage or loss resulting from the User’s use of the API or their use of third-party products/services that access data through the API.

LIABILITY AND INDEMNIFICATION

Australian Users

Limitation of Liability

These Terms do not exclude, limit, or modify any warranty, condition, right, or remedy that the User may benefit from under the Competition and Consumer Act 2010 or any similar state or territory legislation, which cannot be excluded, limited, or modified (non-excludable right). To the extent permitted by law, our liability to the User, including liability for breach of a non-excludable right and non-excluded liability under these Terms of Use, is limited, as the Owner deems appropriate, to re-performing the services or paying the costs of having the services performed again.

United States Users

Disclaimer of Warranty

Timizer is provided strictly “as is” and “as available”. Use of the Service is at the User’s own risk. To the extent permitted by applicable law, the Owner expressly excludes all conditions, statements, and warranties, express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create a warranty not expressly stated herein.

Notwithstanding the foregoing, the Owner, its subsidiaries, affiliates, licensors, directors, officers, agents, co-branding partners, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will meet Users’ needs; that the Service will be available at any given time or location, will be provided continuously or securely; that any defect or error will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the Users’ own risk, and Users are solely responsible for any damage to their computer system or mobile device or loss of data resulting from such download or use of the Service.

The Owner does not endorse or guarantee any product or service advertised or offered by a third party through the Service or any website or service linked via hypertext and assumes no responsibility for these products and services. Furthermore, the Owner will not be a party to any transaction between Users and third-party providers of products or services, nor will it monitor such transactions in any way.

The Service may become inaccessible or not function properly with the Users’ web browser, mobile device, or operating system. The Owner shall not be held liable for any alleged or actual damages resulting from the content, operation, or use of this Service.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The exclusions mentioned above may not apply to Users. This Agreement grants specific legal rights to Users, who may also have other rights that vary from state to state. The disclaimers and exclusions provided in this Agreement do not apply to the extent prohibited by applicable law.

Limitations of Liability

To the extent permitted by applicable law, the Owner and its subsidiaries, affiliates, directors, officers, agents, co-branding partners, partners, suppliers, and employees shall in no event be held liable for:

Indirect, punitive, consequential, special, incidental, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of the Service or the inability to use it;
Damages, losses, or injuries resulting from hacking, tampering, or any other unauthorized access or use of the Service or the User’s account or the information contained therein;
Errors, mistakes, or inaccuracies of content;
Personal injury or property damage, of any nature whatsoever, resulting from the User’s access to or use of the Service;
Any unauthorized access to or use of the Owner’s secure servers, or the personal information stored therein;
Any interruption or cessation of transmission to or from the Service;
Any bugs, viruses, Trojan horses, or similar items that may be transmitted to or through the Service;
Any error or omission in content or any loss or damage incurred as a result of the use of content published, emailed, transmitted, or made available through the Service; or
The defamatory, offensive, or illegal conduct of any User or third party.

In no event shall the Owner and its affiliates, directors, officers, agents, partners, and employees be liable for claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by the User to the Owner hereunder during the preceding 12 months or during the term of this Agreement, whichever is shorter.

This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability results from contract, tort, negligence, strict liability, or otherwise, even if the Owner has been advised of the possibility of such damage.

Indemnification

The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, directors, officers, agents, partners, suppliers, and employees from any claim or demand, damage, obligation, loss, liability, cost, or debt and expense, including, but not limited to, legal fees and costs, arising from:

Use of and access to the Service by the User, including all data or content transmitted or received by the User;
Violation of these terms by the User;
Violation of any third-party right by the User, including privacy or intellectual property rights;
Violation by the User of any law, rule, or regulation;
Any content sent from the User’s account;
Intentional misconduct committed by the User; or
Violation of any legal provision by the User or its affiliates.

COMMON PROVISIONS

Non-Waiver Clause

The failure of the Owner to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

Service Interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, updates, or any other changes, informing Users appropriately.

To the extent permitted by Law, the Owner may also decide to suspend or terminate the Service entirely.

Resale of Service

Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of Timizer and its Services without express prior permission.

Privacy Policy

For more information on the use of their Personal Data, users may refer to the Timizer privacy policy.

Intellectual Property Rights

All copyrights, trademarks, patents, and design rights associated with Timizer are the exclusive property of the Owner or its licensors.

Modifications to these Terms

The Owner reserves the right to modify or otherwise rectify these Terms at any time. The Owner will inform the User of these modifications. Continued use of the Service signifies acceptance of the revised Terms.

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms. Users may not assign or transfer their rights without written authorization from the Owner.

Severability

If any provision of these Terms is deemed invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions.

Applicable Law

These Terms are governed by the law of the place where the Owner is based.

Exception for European Consumers: If the User is a European Consumer, higher levels of consumer protection provided by the laws of their country of residence shall prevail.

Venue of Competent Jurisdiction

The exclusive jurisdiction to decide any controversy resulting from these Terms lies with the courts of the place where the Owner is based.

Exception for European Consumers: This does not apply to Users qualified as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.

DEFINITIONS AND LEGAL REFERENCES

Timizer (or this Application): The property that allows the provision of the Service.
Agreement: Any legally binding relationship or contractual relationship between the Owner and the User, governed by these Terms.
Commercial User: Any User who does not qualify as a Consumer.
European (or Europe): Applies where the User is physically present or has registered offices in the EU, regardless of nationality.
Owner (or We): Indicates the person(s) or legal entity that provides Timizer and/or the Service.
Service: The service provided by Timizer as described in these Terms.
Terms and Conditions (or Terms): All provisions applicable to the use of Timizer and/or the Service as described in this document.
User (or You): Indicates the natural person or legal entity using Timizer.
Consumer: Any User qualified as a natural person who accesses goods or services for personal use.

Last updated: July 13, 2024