Effective Date: 1 March 2020
Last Updated: 28 May 2020
Thank you very much for using timz.io / timz.flowers. Please read the following terms of use (hereinafter the “Terms”) carefully. We provide our services based on these Terms. If you do not agree to these Terms, you are not allowed to use the Platform (as defined below), the App (as defined below) or any other services of timz.io provided under these Terms.
These Terms govern the legal relationship between timz UG (haftungsbeschränkt), c/o Kateryna Levina, Schwedterstraße 266, 10119 Berlin (hereinafter referred to as “timz”, “timz.io”, “timz.flowers”, “timz UG” or “We”/”we”), a German limited liability company, and you (hereinafter also referred to as the “User”) regarding (i) the website and platform available at timz.io (hereinafter the “Platform”), (ii) the timz.io application for mobile devices (hereinafter the “App”), to the extent timz decides to provide such an option, and (iii) other services of timz in connection with the Platform and/or the App. If you have downloaded a copy of the App from an app store (e.g., Apple’s App Store or Google’s Play Store), the use of the App shall also be governed by these Terms. In such case, the following references to the Platform shall include a reference to the App (and vice versa), therefore be understood, used and interpreted interchangeably.
timz.io uses a specific terminology. If information, e.g., a statement by you, is surrounded by other information, we call it a “Flower”. We call the central statement/ information “Seed” and the surrounding information “Petals”. The “Host” is a user who provides the central information of a Flower and/or is providing a workspace and thus has administrative rights in group discussions or other activities in your user group.
Terms and conditions of the User which deviate from the terms and conditions in these Terms shall not apply if they have not been confirmed by timz in text form or in writing.
The purpose of the Platform is to help all kinds of organizations and companies to improve the communication and cooperation among their members (hereinafter the “Purpose”).
For this Purpose, we offer you a constantly expanding range of instruments on the Platform that you can use flexibly.
Some parts of the Platform are currently in a beta mode and are tested continuously to improve the functionality of the Platform. Therefore, not all functions might be available at all times. Some functions might be unstable, dysfunctional, inaccessible or be removed. During a beta phase or due to testing individual functions of the Platform, content might get lost. We ask you to always back up valuable content on your own systems to avoid a total loss. We might provide you with a download function for your own content, but we are under no obligation to do so. Please be aware that we may delete your content without prior notice. We try to avoid this, but economic, legal or technical reasons may cause us to do so.
timz.io reserves the right to change the Platform, to add and remove functions to improve the user experience on the Platform, and to introduce paid services, each without further notice.
The use of the Platform requires a terminal device with an Internet connection, a current Internet browser, a webcam and a microphone. You are solely responsible for providing and configuring the required software, camera and microphone.
You can cancel your user agreement any time by providing a written notice to timz or sending an email to [email protected]. timz will delete your account the latest 14 days after receiving your termination notice. Alternatively, you can terminate your user agreement with timz by deleting your user account.
timz reserves the right to irrevocably deactivate user accounts that have been inactive for at least twelve (12) months. In this case, the user agreement will remain in force and you have the right to terminate the user agreement at any time. At your request, We will re-activate your account at our reasonable discretion.
During a beta mode or test phase of the Platform or some parts thereof, timz reserves the right to cancel the user agreement with you at any time without prior notice, or to limit or restrict the functions of your user account, and/or to delete your user account completely. All user accounts free of charge are considered beta mode accounts.
If you terminate your use of the Platform or delete your account, or your account is deleted by timz based on a termination of the underlying user agreement between the User and timz, all rights and licenses granted to timz by you under these Terms will remain effective.
You can use certain functions on the Platform without an account. For the majority of the functions on the Platform, however, you must register as a user.
You may register as an individual or business user.
During a beta mode or test phase of the Platform or parts thereof, all users are considered beta users (both individual and business users).
By offering the option to register your user account on the Platform, we make you a legal offer to conclude an agreement with timz on the use of the Platform. By clicking “accept” (or a similar button next to the link to these Terms), you accept such an offer and a user agreement is concluded between you and timz.
Since our services may be implemented in organizations and companies, it is preferable to provide your real name, but you may also choose another name (alias) as your user name.
Depending on the settings available on the Platform (e.g., during a beta mode or test phase) and settings you choose, the content you upload to the Platform and your user name may appear on publicly visible pages or websites. For this reason, please make sure you have the necessary rights to upload and publish such content, and discuss the usage with the respective Host in detail or, in case of doubt, avoid contributing with your own content, for example, if you do not know the person or do not trust them.
Publications on the Platform may be made by your colleagues or others to whom you have made your content available, without you having been asked explicitly. Please consult with these users about your and their rights to use your content, images and personality, and do the same before using the content of others on the Platform.
For your registration and login on the Platform, you need an active email account. We will communicate with you on various occasions over the email address you provide to us upon registration.
During a beta mode or test phase of the Platform or parts thereof, the registration only works with a token that is provided to you for the current session. Please make sure that you always have access to your email account, because you can only enter and use the Platform through the dialogue with this email account. If you lose access to your email account, you will perhaps not be able to use the Platform again. For later versions of the Platform, other access systems may be available.
timz grants the User a non-exclusive, non-transferable, non-sublicensable, restricted and limited right to use the Platform only (i) for the duration of the user agreement, (ii) the Purpose, and (iii) in accordance with these Terms.
If the User posts his/her own copyrighted content on the Platform, he/she grants timz a non-exclusive, transferable, sublicensable, royalty-free, temporally and territorially unrestricted and unlimited right to use this content for the purpose of providing services on the Platform to the extent required. The right of use granted by the User includes the right to distribute and reproduce the content technically (e.g. within the scope of providing the Platform), to edit them and to make them accessible and available to other users on the Platform.
If the Host sets the Flower to “public”, the moment you add content to such Flower or other content on the Platform which has been set as “public”, you will receive a warning that such content may become publicly visible on the Platform and available elsewhere on the Internet. By adding your content, you agree that the Host may make the content publicly available and hereby grant that timz the right to make such content publicly available.
By uploading your content to the Platform, you grant other users on the Platform a non-exclusive right to interact with your content. Other users can therefore attach content, especially content that contradicts your content, complements it, connects it with other topics or develops it to a higher value via deliberation. timz.io is a platform that aims to accelerate knowledge creation processes. It is therefore possible that your content contributes significantly to the generation of new knowledge and is used by the user group you belong to. The participants of your user group may be selected by the Host. By uploading content to timz.io you expressly grant each user of your user group the right to use your content for the purpose described above in this section. Questions of remuneration for your contributions must be clarified with the users or the user group, e.g. the company or organization, or with your coworkers, employees, colleagues, independently of timz.io. By uploading content to the Platform, you confirm that you will keep timz.io free of all claims, both your own and possible claims of third parties.
You grant the Host permission to remove your content and to allow other users to view, rate, object to or add to your content in any way.
The licenses above are valid until your content is removed, which can be done by the Host, by timz.io, by governmental authorities or at any time by yourself as long as you have access to your email inbox. We have no control over devices interacting with your content in offline mode and can only perform deletions when the devices are back online again, for these devices the license is valid until the time of deletion. If you no longer have a license to publish the content you provided, you must remove it immediately.
timz is not responsible for the use of your content by third parties on the Platform or any other part of the timz.io website.
The Platform may be based upon, include or interact with open source software which is subject to an open source software license. If parts of these Terms contradict with such open source software license, the terms and conditions of such open source software license shall prevail to the extent required under the respective open source software license.
timz uses an external payment service provider to process payments on the Platform. timz is never involved in the processing of payments. At no time does timz have access to money that is transferred from the User to the payment service provider. The current payment service provider for the payments provided on the Platform is [Stripe, Inc.510 Townsend Street San Francisco, CA 94103, USA] (hereinafter referred to as “Payment Service Provider”).
On behalf of timz, the Payment Service Provider will charge the means of payment selected for the transaction by the user (bank account, credit card account, etc.) in the amount agreed with the User. The Payment Service Provider processes personal data, in particular for the purposes of anti-money laundering checks, as an independent controller and does not act as a data processor for timz under data protection law. The privacy policy of the Payment Service Provider is available on the website of the Payment Service Provider. The terms and conditions of the Payment Service Provider are decisive for the processing of the payment
An editorial review of the content uploaded by you or other users does not take place. We therefore accept no liability for the accuracy, completeness and usability of the information and content published on the Platform.
According to the statutory provisions, we are not obliged as a service provider to monitor the content of users or to investigate circumstances that indicate illegal activity. The content also includes links set by you within the Platform. However, if we become aware of any illegal activity by a user or information within the Platform, we will immediately remove or disable the user’s access to the Platform.
We do not check the websites of other providers for their content or legality and can therefore not influence their design. We dissociate ourselves from any unlawful content presented there and are not responsible for the content of any Platform to which links are provided. You use the links to third-party websites at your own risk.
We are exclusively liable for damages caused by ourselves, our legal representatives or our vicarious agents intentionally or grossly negligently. Liability for simple negligence is limited to the violation of essential contractual obligations (“Main Contractual Obligations”). The amount of our liability shall then be limited to the damage foreseeable at the time of conclusion of the agreement and typical for this type of agreement. Main Contractual Obligations are such obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the User as contractual partner may regularly rely.
As far as our liability is limited according to these Terms, this limitation does not apply in case of injury of body, life and health, as well as in case of liability according to the regulations of product liability laws.
Detailed information on the collection, processing and use of your personal data can be found in our Privacy Statement.
The Platform may contain links to public information. We do not assume any liability for their contents or legal conformity. If you provide links on the Platform, you assume responsibility for the content towards the users of timz.io, the rights holders of the content and to keep timz.io free of any claims.
timz.io may transfer the user agreement with you based on these Termes (and any amendments thereto) to subsidiaries, affiliates or buyers of timz.io, the Platform or individual services. In such an event, the user agreement will remain in full force and effect and your assignee will be deemed to have accepted user agreement with you.
These Terms shall be governed by German law, excluding its conflict of law provisions and the United Nations Convention on the Contracts of the International Sale of Goods (CISG). To the extent a choice of legal venue (jurisdiction) is permissible, the relevant court at the place of business of timz (currently: Berlin, Germany), shall enjoy exclusive jurisdiction for any disputes resulting from or in connection with these Terms.
These Terms shall be governed by German law, excluding its conflict of law provisions and the United Nations Convention on the Contracts of the International Sale of Goods (CISG). To the extent a choice of legal venue (jurisdiction) is permissible, the relevant court at the place of business of timz (currently: Berlin, Germany), shall enjoy exclusive jurisdiction for any disputes resulting from or in connection with these Terms.
Should any provision of these Terms be or become invalid in whole or in part, the other provisions shall remain in force. The invalid provision shall be deemed substituted by a valid provision which accomplishes as far as legally possible the economic purposes of the invalid provision.
Unser Angebot enthält Links zu externen Webseiten Dritter, auf deren Inhalte wir keinen Einfluss haben. Deshalb können wir für diese fremden Inhalte auch keine Gewähr übernehmen. Für die Inhalte der verlinkten Seiten ist stets der jeweilige Anbieter oder Betreiber der Seiten verantwortlich. Die verlinkten Seiten wurden zum Zeitpunkt der Verlinkung auf mögliche Rechtsverstöße überprüft. Rechtswidrige Inhalte waren zum Zeitpunkt der Verlinkung nicht erkennbar. Eine permanente inhaltliche Kontrolle der verlinkten Seiten ist jedoch ohne konkrete Anhaltspunkte einer Rechtsverletzung nicht zumutbar. Bei Bekanntwerden von Rechtsverletzungen werden wir derartige Links umgehend entfernen.
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