Last Revised: July 31, 2018
Phone Calendar Ltd.,("Timeet", “Company”, “we” or “us”) welcomes you to our mobile application (the "App") and our website at timeet.co (the “Site”) and our web service within the Site ("Portal"). The App and the Portal provide instant calendar Service. The Site, the App and the Portal and any additional functionalities and services related thereto shall be referred to herein as the “Service(s)” (as further specified below). Users of our App and/or Portal (“user” or “you”) may only use them in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
Our Services are available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your and your organization's behalf and to form a binding agreement under any applicable law, to use the App and/or Portal in accordance with these Terms, and to fully perform your obligations hereunder.
For the avoidance of doubt, any act or omission performed by you in connection with the App and/or Portal shall obligate your organization.
2. The Service: App, Portal and Site
A registration is required for our Service as described below.
Timeet is an instant calendar App. Not like any other calendar app, Timeet uses user's phone number as their personal ID. Timeet allows you to invite any of your contact persons to a meeting as well as share it through any instant messaging ("IM") platform available on your smartphone.
Timeet can be synchronized with other calendar applications installed on your smartphone device. That enables you to continue managing other calendars, which installed on your device and easily set new meetings using Timeet and your preferred IM platform.
In the future, users may have the ability to log into their account by entering the Site and submitting identifying credentials in order to use the Portal, which will be synchronized with the App.
We allow up to 250 participants per event.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE APP, THE SITE AND/OR THE PORTAL ARE RESERVED TO TIMEET OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE APP, THE INFORMATION AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. TIMEET WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP, THE PLATFORM, THE INFORMATION AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF THE APP AND/OR THE INFORMATION AND/OR THE PORTAL AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
TIMEET DOES NOT, EITHER EXPRESSLY OR IMPLICITLY IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE SERVICE OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE SERVICE. WE DO NOT GUARANTEE THAT ANY OF THE USERS' NEEDS WILL BE FULFILLED.
Use of the App, and/or Portal and/or Site is entirely free of charge. However, Timeet reserves the right to charge fees for the use of this App and/or Portal in the future. In addition, you hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the App, according with the applicable rates charged by your respective third party internet and data usage service provider as may be from time to time.
4. Use Restrictions
There are certain conducts, which are strictly prohibited when using the App and/or Service. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Timeet's sole discretion) in the termination of your use of the Service and may also expose you to civil and/or criminal liability.
You may not (and you may not permit any third party to), unless otherwise explicitly permitted under these Terms: (a) use the Service and/or the Content and/or the Information for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Service and/or Content for non-personal or commercial purposes without the Timeet's express prior written consent; (c) remove or disassociate, from the Content and/or the App, and/or the Portal and/or the Site any restrictions and signs indicating proprietary rights of Timeet and/or its licensors and/or affiliates, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®), and you represent and warrant that you will abide by all applicable laws in this respect; (d) interfere with or violate users' rights to privacy and other rights, or harvest or collect personally identifiable information about users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site and/or App and/or Portal or the servers or networks that host the App and/or Portal and/or Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site or app, your business or any statement you make, or present false or inaccurate information about the Service; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site, the App and/or the Portal; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available by Timeet on or through the Site and/or App and/or Portal, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Timeet's proprietary rights, including Timeet's Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms under any applicable laws which expressly permits such actions; (k) make any use of the Content on any other app and/or site and/or networked computer environment for any purpose without Timeet’s prior written consent; (l) create a browser or border environment around Timeet Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or App and/or Portal and/or Content; (n) frame or mirror any part of the Site and/or App and/or Portal without Timeet's prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site and/or App and/or Portal; (p) transmit or otherwise make available in connection with the Site and/or App and/or Portal any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Service for any purpose for which the Service is not intended (r) infringe and/or violate any of the Terms.
5. Registration and User Account
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Timeet. You must notify us immediately of any unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your credentials or Account or any other breach of security.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT.
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
6. Contacting us via the Site
In order to contact us using the Site, you will need to fill out and complete the contact form. The contact form requires your name, e-mail address and may require certain additional information.
Subject to the terms hereof, Timeet hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license (i) to download and use the App on your authorized mobile phone, that you own or control, solely for the limited purpose of using the App for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (as defined below) and applicable law; and (ii) to use the Service and the Content provided in the App and/or Site and/or Portal in accordance with the terms contained in this Agreement.
The Terms do not convey to you an interest in or to the Company Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Timeet regarding the App (“Feedback”), Timeet shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Timeet current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require Timeet to comply with any additional obligations with respect to any Timeet current or future products, technologies or services that incorporate any Feedback
9. User Content
Some areas of the App allow users to submit information into their or others Events, upload photos, presentations and any other material related to the Event (any such materials a user submits, upload, displays, or otherwise makes available on the App “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the App with other users and/or other contacts of you, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement.
You agree not to submit or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (ix) violates any applicable policy, including those related to cheating or ethics; (x) interferes with other users of the App and Service; (xi) you agree that any User Content that you upload does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property or rights of privacy. We reserve the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.
In connection with your User Content, you affirm, represent and warrant the following:
You have the consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the App and/or Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
Your User Content and the Company’s use thereof as contemplated by this Agreement and the App and Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property and privacy rights. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party submits or sends over the App and/or Service. You shall be solely responsible for your User Content and the consequences of submitting or sharing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that the Company shall not be liable for any damages you allege to incur as a result of User Content.
When you upload, submit, share or make available any User Content on the App, you grant to each respective user of the App, that you have shared the User Content with it, a non-exclusive, non-commercial and royalty-free license to access and view your User Content on our App. Please note that the Company does not monitor or control what other users do with your User Content.
You hereby agree that Timeet may retain and use copies of your User Content for archival or backup purposes and in order to enforce the Terms including investigation of potential violations thereof, all solely as necessary in connection with the provision of the Service.
10. Intellectual Property Rights
The Site, the App, the Portal and the Content and the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
You hereby agree that we may retain copies of certain information you transmit or make available via our Services for archival or backup purposes and in order to enforce the Terms, including investigation of potential violations thereof.
11. Trademarks and Trade names
“Timeet” Timeet™, Timeet’s marks and logos and all other proprietary identifiers used by the Company and/or its third party affiliates in connection with the Service (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos, which may appear on the App, belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks are granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or Third Party Marks and therefore you will avoid using any of those marks.
12. Linking to Timeet's Site and App
We welcome links to our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Timeet, and does not portray Timeet in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Timeet's Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
Our Service allows you to share an Event with anyone on your mobile address book contacts that do not use Timeet ("Contacts"). The sharing feature generates a link and sends it to your Contacts via SMS or any IM platform ("Share"). You shall not use the Share feature if this act violates any applicable law or infringe any rights of any third party or any of your Contacts.
13. Links to Third Parties' Websites
14. Social Media Features
15. Usage Rules
Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider's Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider's representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider's Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
The following applies to you if you downloaded the App from the Apple App Store (“iTunes-Sourced Software”): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the iTunes-Sourced Software on an iOS device that you own or control, (ii) these Terms are solely between you and Timeet, not Apple Inc. (“Apple”), and that Apple has no responsibility for the iTunes-Sourced Software or content thereof, (iii) your use of the iTunes-Sourced Software must comply with Usage Rules established by Apple, including those set forth in the App Store Terms of Service effective as of the date you enter into these Terms, and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.
In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the iTunes-Sourced Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Timeet as provider of the App.
Timeet and you acknowledge that Timeet, and not Apple, is responsible for addressing any claims relating to the iTunes-Sourced Software or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use thereof infringes that third party's intellectual property rights, Timeet, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
16. Special provisions relating to Third Party Components
The App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the App and Timeet disclaims all liability related thereto. You acknowledge that Timeet is not the author, owner or licensor of any Third Party Components, and that Timeet makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.
Google Maps API
The Services' availability and functionality depends on various factors, such as communication networks. Timeet does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
18. Changes to The App, the Site and/or Portal
Timeet reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site and/or App and/or Portal (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Timeet shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site and/or App and/or Portal or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
Timeet has no obligation to provide upgrades or new releases of the App under these Terms. However, if Timeet supplies to you any updates, upgrades and any new versions of the App (“Updates”) according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates.
19. Disclaimer of Warranties
UNLESS OTHERWISE AGREED IN WRITTEN AGREEMENTS BETWEEN US AND YOU, TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP, THE SITE, THE PORTAL, THE INFORMATION, AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND TIMEET, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, RESELLERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “TIMEET'S REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE APP, THE PORTAL, THE SITE AND/OR CONTENT AND/OR USER CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT TIMEET WILL CORRECT ANY ERRORS OR DEFECTS IN THE APP, THE SITE AND/OR PORTAL, (III) THAT THE APP WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR MOBILE DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND TIMEET AND TIMEET'S REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV) MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP, THE SITE THE PORTAL AND/OR THE CONTENT AVAILABLE THEREON OR THROUGH THE APP, THE SITE AND/OR THE PORTAL (INCLUDING THAT THE RESULTS OF USING THE APP, THE SITE AND/OR PORTAL WILL MEET YOUR REQUIREMENTS) (V) THAT THE APP AND/OR PORTAL AND/OR SITE WILL BE SYNCHRONIZED WITH THIRD PARTY APPLICATIONS, AND/OR THIRD PARTY APPLICATIONS WILL BE SYNCHRONIZED WITH THE APP AND/OR PORTAL AND/OR SITE, AT ANY TIME. TIMEET AND TIMEET'S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APP, THE SITE AND/OR THE PORTAL INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APP, THE SITE AND/OR THE PORTAL AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE APP, THE SITE AND/OR THE PORTAL.
TIMEET IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY COMMUNICATION AND/OR ENGAGEMENT YOU MAY HAVE WITH OTHER USERS AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT, USER CONTENT AND INFORMATION RECEIVED THROUGH OUR APP AND SERVICES.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT USE OF THE APP AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
20. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL TIMEET, INCLUDING TIMEET'S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APP AND/OR THE SITE AND/OR THE PORTAL AND/OR THE CONTENT, ANY RELIANCE ON REMINDERS AND/OR EVENT'S CONTENT IN THE SITE AND/OR APP AND/OR PORTAL, YOUR USE OR INABILITY TO USE THE SITE AND/OR APP AND/OR THE PORTAL AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE, THE APP AND/OR THE PORTAL TO PERFORM AS DESCRIBED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF TIMEET TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF TIMEET OR TIMEET'S REPRESENTATIVES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER TIMEET (OR TIMEET'S REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNLESS OTHERWISE AGREED IN WRITTEN AGREEMENTS BETWEEN US AND YOU AND IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, TIMEET'S AND TIMEET'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP, THE SITE, THE PORTAL AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO TIMEET FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, IF ANY, TO TIMEET FOR USE OF THE SITE AND/OR APP AND/OR PORTAL OR $US1.00, WHICHEVER IS GREATER. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM TIMEET'S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless Timeet and Timeet Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the App, and/or Portal and/or Site and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party with respect to your use of the Service; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the App. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
22. Amendments to the Terms
Timeet may, at its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the App. Such material changes will take effect seven (7) days after such notice was provided on our App. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” and your continued use of the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
23. Termination or Suspension of your Account, Termination of these Terms and the Termination of the App's operation
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith Timeet may immediately temporarily or permanently limit, suspend or terminate your Account. In addition, Timeet may temporarily or permanently limit, suspend or terminate your Account. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Service, you may terminate these Terms at any time by uninstalling our App and stopping your use thereof and this will be you sole remedy in such circumstances. In such circumstance and upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Service, delete and destroy all copies of the App in your possession or control and so certify to Timeet if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
Additionally, Timeet may at any times, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, delete any information from the App and/or Site and/or Portal or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving any prior notice. You agree and acknowledge that Timeet does not assume any responsibility with respect to, or in connection with the termination of the App's operation and loss of any data.
We note that we can suspend access to your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of Timeet, its users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; (f) we are required to by law; (g) you abused the Service for immoral purposes and/or spamming. We may provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.
(a) These Terms constitute the entire Terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the company, (b) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (c) any claim relating to Timeet' App and/or Services or its use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (d) any dispute arising out of or related to your use of Timeet' App and/or Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Tel-Aviv-Jaffa, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Timeet may seek injunctive relief in any court of competent jurisdiction, (e) No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Timeet, and (k) the parties agree that all correspondence relating to these Terms shall be written in the English language.
26. For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail and we will make an effort to reply within a reasonable timeframe: firstname.lastname@example.org