timz.flowers terms of use

Effective Date:                1 March 2020

Last Updated:                 28 May 2020

Last Updated:                 4 February 2022

Current Update:             13 March 2022

 

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.flowers 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”,, “timzflowers.com”, “timz.flowers”, “timz UG”, “the Platform” 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, timzflowers.com, or timz.flowers (hereinafter the “Platform”), (ii) the timz.flowers 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 a case, the following references to the Platform shall include a reference to the App (and vice versa) and therefore be understood, used, and interpreted interchangeably.

timz.flowers uses a specific terminology. If information, e.g., a statement by you, is surrounded by other information, we call it a “Flower” or a “Petal”. We call the central statement or information a “Seed” and the surrounding information “Petals”. The “Host” or “Gardener” is a user who provides the central information of a Flower and/or is providing a workspace (garden) and thus has administrative rights in group discussions or other activities in your user group.

Terms and conditions of the User that 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.

 

  1. The Platform/ App

  1. We are particularly interested in accelerating knowledge creation processes with modern tools. The world is changing, and today it is more important than ever: The adaptability of organizations determines their success. The faster that members of an organization or employees of a company build up knowledge, the more flexibly that organization or company can adapt to developments in the environment. The Platform is therefore a tool to build up useful knowledge faster.
  2. The purpose of the Platform is to help all kinds of organizations and companies improve communication and cooperation among their members (hereinafter the “Purpose”).
  3. For this Purpose, we offer you a constantly expanding range of instruments on the Platform that you can use flexibly.
  4. Some parts of the Platform may be in beta mode and are tested continuously to improve the Platform’s functionality. Therefore, not all functions will necessarily be available at all times. Some functions might be unstable, dysfunctional, inaccessible, or removed.
  5. timz.flowers 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.
  6. 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.
  7. timz.flowers can be integrated into other platforms via APIs or other ports. In this case, the content appears on these platforms.
  8. timz.flowers can create user analytics and statistics and provide them to the host in the form of dashboards and graphs. The goal is to accelerate knowledge-building processes. If timz.flowers is integrated into other platforms via port or API, this data can also be shared with the platform.
  9. Platforms that are connected to timz via API or port may not share the analytics or user data with third parties and may only use them for internal purposes that are congruent with the purpose of the timz platform.
  10. timz.flowers will use artificial intelligence to accelerate knowledge creation processes. Usage analysis and suggestions for content generation and consumption can be interpreted and generated accordingly by artificial intelligence and/or machine learning.  
  1. Conclusion of the User Agreement; Term and Termination

  1. The user agreement between you and timz UG comes into effect upon accepting these Terms (upon registration) and remains in force indefinitely unless terminated by timz.
  2. You can cancel your user agreement at any time by providing a written notice to timz or sending an email to [email protected]. timz will delete your account within fourteen (14) days of receiving your termination notice. Alternatively, you can terminate your user agreement with timz by deleting your user account.
  3. timz reserves the right to irrevocably deactivate user accounts that have been inactive for at least three (3) months. In this case, the user agreement will remain in force, and you have the right to terminate the user agreement at any time.
  4. 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 and their Users by you under these Terms will remain effective.
  1. User Requirements; User Accounts; Registration and Login

  1. timz.flowers is a B2B service. Users are allowed to purchase paid plans only if they run a professional, tax-registered organization and/or conclude the contract on behalf of such an organization. When users sign a contract under their name, we assume it is a business of that name.
  2. Customers with paid plans can invite users to timz.flowers who contribute content to their organizational affairs, such as employees, freelancers, experts, and business partners. We assume that these users are in a defined contractual relationship with our customers and that these users are also to be considered B2B users.
  3. You may use the services on the Platform if you are at least 18 years old and/or have full legal capacity.
  4. 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.
  5. During a beta mode or test phase of the Platform or parts thereof, all users are considered beta users. The beta mode for the entire platform ends on February 1, 2022; single parts of it can remain in beta mode or go into beta mode.
  6. 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.
  7. 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.
  8. Depending on the settings available on the Platform (e.g., in “public flowers”) and settings you or your Host 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. In case of doubt, avoid contributing your own content, for example, if you do not know the person or do not trust them.
  9. 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.
  10. For your registration and login on the Platform, you need an active email account. We will communicate with you on various occasions via the email address you provide to us upon registration.
  11. Registration and sign-in may only work 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 may only enter and use the Platform through the dialogue with this email account. If you lose access to your email account, you will perhaps be unable to use your account on the Platform again. In future versions of the Platform, other access systems may be available.
  1. User Obligations; Terms of Use and User Content Restrictions

  1. You are responsible for your activities, information, and content on the Platform. You undertake to comply with the relevant statutory provisions (e.g. image rights, third-party publicity rights including the right to privacy, third-party copyright, trademarks and name rights, and regulations on the protection of minors).
  2. You undertake to provide correct and complete information required for the registration of your user account and to always keep this information up to date. If you delete or lose access to your email account, you will no longer have access to your user account on the Platform.
  3. You agree that you are solely responsible for the content and/or other information you publish, transmit, and/or post through the Platform and/or the services available on the Platform.
  4. You must not access the services and content of timz.flowers or content provided by other users for the purpose of downloading, streaming, copying, selling, or renting such content in a way which violates the copyright and/or other intellectual property, proprietary or personal or moral right of its respective author or owner.
  5. You must not bypass security features of the Platform in order to use it fraudulently in any way or use the Platform to commit fraudulent acts or with intentions other than described in our Purpose.
  6. You must not access the Service using automated processes and procedures.
  7. You agree to use the Platform in a manner consistent with all applicable laws, rules, and regulations. In connection with your use of the Platform, you agree not to do the following:
  • carry out any illegal form of advertising communication, inadmissible advertising, or commercial addressing of third parties;
  • send spam, chain letters, or junk emails;
  • use any robot, spider, scraper, site search/retrieval application, or other manual or automatic device or process to retrieve, index, perform data mining, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, its content, or user information;
  • exploit any part of the Platform without our prior written consent by framing or mirroring it;
  • automatically aggregate the personal data of other users or other persons without their express consent, whether for commercial or other purposes;
  • tyrannize, intimidate or harass other users, or engage in hate speech of any kind;
  • publish content that is despicable or threatening or that calls for violence or contains violence;
  • use the Platform to perform or assist in any unlawful, misleading, malicious, or discriminatory activity;
  • attempt to entice users to other portals/platforms;
  • engage in other misuse of our Platform;
  • disseminate telephone numbers, addresses, URLs, email addresses, or confidential information of third parties without their consent;
  • distribute audio files, text, photos, videos, or other images that contain confidential information of third parties;
  • falsely impersonate another natural or legal person;
  • stalk or otherwise harass any person;
  • without our express prior written consent, claim or imply that statements made by you are endorsed by timz;
  • publish, distribute, or reproduce in any manner whatsoever any copyrighted material, trademarks, service marks, trade secrets, patents, domain names, or other proprietary information without obtaining the prior consent of the owner of the copyrighted rights;
  • remove any copyright, trademark, or other proprietary notices contained on the website;
  • post, offer for download, transmit, advertise, or otherwise make available any illegal or infringing software, products or services, including, but not limited to, spyware, adware, unsolicited advertising programs (spamware), unsolicited advertising services, denialofservice attack initiation programs, mailbombing programs, and unauthorized access programs to networks on the Internet;
  • post, offer for download, transmit, advertise, or otherwise make available any software, products, or services that are illegal or violate the rights of third parties;
  • use any metatags, codes, or other methods that link to the Platform, its services, and/or the website to direct any person to any other website for any purpose, and/or modify, adapt, sublicense, translate, sell, reverse engineer, decrypt, decompile or otherwise disassemble any portion of the Platform or any software used on or for the Platform;
  • upload any code that harms us or the Platform or restricts or otherwise affects the functionality of us or the Platform;
  • access an account using another user’s credentials;
  • take any action that may block, overburden, or impair the proper working of the Platform or interfere with any services, the website, and/or any servers or networks connected to it;
  • post, download, email, or otherwise transmit any material that contains software viruses or other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  1. timz.flowers expressly prohibits storing or uploading trade secrets/confidential information on the Platform that need more special protection than normal contemporary cloud applications can provide.  
  2. Any of the practices listed above in Section 4.6 and 4.7 will be considered a violation of these Terms and may result in the immediate termination of your user agreement and account. timz reserves the right to use all available legal remedies against users who engage in the above prohibited conduct.

 

  1. Ownership and Use Rights

  1. All proprietary rights to the Platform remain the property of timz.
  2. 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.
  3. 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 it and to make it accessible and available to other users on the Platform.
  4. If the Host sets the Flower to “public”, the moment you add content to such Flower or other content on the Platform that 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 timz the right to make such content publicly available.
  5. 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 iterative deliberation. timz.flowers 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.flowers, you expressly grant each user of your user group the right to use your content for the Purpose described above. Questions of remuneration for your contributions must be clarified with the users, the Host, or the user group, e.g. the company or organization, or with your coworkers, employees, and colleagues, independently of timz.tlowers. By uploading content to the Platform, you confirm that you will keep timz.flowers free of all claims, both your own and possible claims of third parties.
  6. 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.
  7. The licenses above are valid until your content is removed, which can be done by the Host, by timz.flowers, by governmental authorities, or at any time by yourself as long as you have access to your email inbox and your timz account. We have no control over devices interacting with your content in offline mode, and you can perform deletions only when the devices are back online again; the license is valid for these devices until the time of deletion. If you no longer have a license to publish the content you provided, you must remove it immediately.
  8. timz is not responsible for the use of your content by third parties on the Platform or any other part of the timz.flowers website.
  9. 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 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.
  1. Copyright Guidelines; Representations and Warranties

  1. You represent and warrant that you have all necessary rights regarding the content you upload to the Platform (including, but not limited to, photos, texts, videos) and that such contents:
  • do not violate the rights of third parties (e.g. personal rights, right to one’s own image, copyrights);
  • do not impair third parties in any other way (e.g. by defamation, insult, libel, etc.);
  • do not violate any other regulations (e.g. the law against unfair trade practices, trademark laws, penal codes) and do not violate these Terms.
  1. If necessary, upon our request, you will provide evidence of your ownership of the respective content. Timz reserves the right to terminate the user agreement with any user who repeatedly infringes the copyrights of others. If you believe that copyrighted works on or through the Platform have been copied and/or published in a way that constitutes copyright infringement, you should provide timz with the following information:
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
  • an identification and location on the website (or otherwise) of the copyrighted work whose protection you claim has been infringed;
  • a written statement from you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
  • your name and contact information, such as telephone number or email address;
  • a statement that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf in lieu of an oath and under penalty of perjury.
  1. Sanctions and Account Restrictions/Terminations

  1. Compliance with these Terms is of considerable importance for the functionality of the Platform. We will therefore impose sanctions in accordance with this section on a user if and to the extent that timz has reasonable grounds to believe that a user is in breach of statutory provisions, the rights of third parties, and/or these Terms. In the event of serious personal attacks, insults, defamation, or threats, we reserve the right to involve law enforcement authorities.
  2. When choosing the sanction to be imposed, we will consider the interests of the user concerned and, among other things, whether there has been any misconduct through no fault of our own and whether the infringement has been committed culpably. The following measures and sanctions may be considered by us depending on the severity of the misconduct:
  • issuing a warning to the User (as mildest remedy);
  • partial or complete deletion of a user’s contents;
  • requesting proof of the authenticity of the respective profile owner;
  • restriction on the use of Platform;
  • temporary blocking of the user account;
  • final blocking of a user and banning a user.
  • In the event of a culpable and serious breach of these Terms, we reserve the right to assert claims for damages in the amount of the respective damage.
  • In extreme cases, we reserve the right to change, suspend, or terminate any account, including any features, content, or services, at any time and for any reason. We may also restrict the use of certain services, content, or features and/or restrict your access to portions of the Platform without notice or liability.
  1. timz.flowers can block or delete your account completely or in parts at any time. This can be triggered during the beta/test phase by technical malfunctions, but also in case of illegal or irregular content or for other reasons. In particular, timz will delete or restrict your account in the event of governmental/administrative/court orders or decisions.
  1. Reservations; Discontinuation of Free Services

  1. Any rights not expressly granted to you under these Terms remain subject to the express consent of timz.flowers.
  2. Beta/test users may use the services provided by timz, including the Platform, for free.
  3. Free services are mainly for test purposes and may be cancelled or discontinued by timz at any time. In the future, individual or all services on the Platform may be available only within the framework of paid offers.
  1. Fees

  1. The free use of the services and Platform does not constitute a right to further use the Platform, parts thereof, or individual services for free; the Platform and any service offered for free may be terminated by timz at any time.
  2. The beta/test accounts may be transferred by timz into fee-based accounts but may have to be registered again due to technical requirements.
  3. The fees will not accrue automatically, but the user may agree to a pricing and billing model and continue to use the Platform.
  4. We may modify or terminate the subscription plan at any time due to unusual circumstances. For example, the offer is aimed at teams in companies and organizations that want to accelerate their knowledge creation processes. Excessive use of transmission bandwidth like in public video hosting services is not planned in this context. If usage behavior deviates individually or statistically from this expectation in a way that endangers the company, a change in the subscription plan may be necessary. Another example is unforeseeable changes in the service landscape of the Internet. Other unforeseeable events may also occur that cannot be anticipated here.
  5. Older content that has not been used for a longer period of time can either be moved by us to slower storage or alternatively deleted, especially in plans that do not guarantee the content will be retained.
  6. New features can be introduced at any time, and old features can be changed or eliminated. Features can be provided with an upsales offer.
  1. Payments

  1. The User can make payments directly via the Platform. The terms of payment (such as payment methods offered, due dates, etc.) may change from time to time.
  2. 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”) and Paypal (PAYPAL PTE LTD 5 Temasek Boulevard, Suntec Tower Five Singapore 038985)
  3. 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.
  1. Limited Liability

  1. We do not assume any liability for the constant accessibility or availability of the Platform and are not liable for downtimes due to necessary maintenance work or new errors, as far as these were not foreseeable and can be reasonably expected from a conscientious average developer.
  2. 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.
  3. 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.
  4. 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.
  5. We are exclusively liable for intentional or grossly negligent damages caused by ourselves, our legal representatives, and various agents who are authorized to act on our behalf. 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.
  6. As far as our liability is limited according to these Terms, this limitation does not apply in case of injury of body, life, or health, as well as in case of liability according to the regulations of product liability laws.
  1. Privacy and Data Protection

  1. We are aware that data protection and privacy is extremely important for all users on the Platform. We therefore comply with all relevant statutory data protection and privacy regulations and other legal requirements.
  2. Detailed information on the collection, processing, and use of your personal data can be found in our Privacy Statement.
  1. Links

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.flowers, the rights holders of the content, and to keep timz.flowers free of any claims.

  1. Miscellaneous

  1. Amendments to these Terms

  1. timz is entitled to amend these Terms unilaterally insofar as this is necessary to correct imbalances in the contractual relationship between you and timz arising after the initial conclusion of the user agreement or for the purpose of adapting to changed legal or technical requirements (e.g. in the event of changes in law or case law relating to the protection of minors, health protection, tax law, etc.).
  2. timz will notify you of any changes and send the content of the amended Terms to the email address you provided to us. The amendment shall become part of the user agreement unless you object to such amendment in writing or text form within four (4) weeks of receipt of the notification of amendment. In the event of your objection, we reserve the right to terminate the user agreement with you. We will inform you separately of the significance of this four-week period in the email containing the amended terms and conditions. However, this only applies if you use our services and are registered on the Platform at the time the Terms are amended. If you do not have a registered account, timz may amend these Terms anytime and ask you to accept the amended Terms by clicking an “accept” button integrated in a product or service based on the Platform, or by otherwise obtaining your approval of these Terms prior to using the services provided by timz on the Platform.
  3. Our project is very young and still in the trial phase to find its market. Therefore, we reserve the right to pivot the target markets and application to other areas, such as education, journalism, science and others. In addition, the operators are allowed to run tests that address other application areas than the ones primarily addressed in these terms.
  1. Transfer and Assignment

timz.flowers may transfer the user agreement with you based on these Terms (and any amendments thereto) to subsidiaries, affiliates, or buyers of timz.flowers, 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.

  1. Governing Law and Jurisdiction

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.

  1. No waiver

A delayed reaction by timz to violations of these Terms by you does not constitute a waiver.

  1. Severability

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.

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