Terms of ser vice

For your convenience terms of service can be saved in local copy or printed out. Please study them carefully before you agree. Users who have read and agree with these Terms of Service are entitled to use the web service TimefyMe.

Preample

TimefyMe is a personal time tracking solution for everyone. As a freemium service it is free of charge for users. As an added service we offer paid group services for teams which incur a small fee that helps us to sustain the service. We may offer additional free or paid "apps" and services for better accessing TimefyMe with devices such as smart phones and tablets.

Definitions

For the purposes of this document:

TimefyMe
means the web platform http://www.TimefyMe.com and affiliated information technology services, interfaces and its service provider.
User
means any person who uses TimefyMe.
Subscriber
means a natural or judicial person that contracts in its own capacity a paid group account, to which he can invite multiple other users.
Service provider
means:
Vorgründungsgesellschaft GridMind Ivan Fernando Villanueva Barrio EU
  • Malmöer Str. 6
  • 10439 Berlin, Germany
  • Fon: +493039820596
  • Fax: +493034060473
  • Email:
  • VATIN subject to German law §27a Umsatzsteuergesetz: DE270095377
  • Person responsible according to German law §55 Abs. 2 RStV: Ivan Fernando Villanueva Barrio (same address as above)

Basic requirements

TimefyMe users are required to have an email account and an internet connection. A user of TimefyMe will receive emails about the operations of the web service. Email and internet connection are not subject to the contract and may incur charges from the respective Internet or Email Service Provider. Users and subscribers are responsible for their ability to access the internet, their email account and their use of common internet communication software and hardware. Use of added paid services is permitted only if the user has the capacity to contract with the service provider, which excludes minors.

Free of Charge and group services

  1. A registration as a user of TimefyMe and further use is provided free of charge. TimefyMe encourages users to explore the free account to find out if group added service suit their needs.
  2. Subscription of a TimefyMe user to a group account incurs a monthly fee of 5,00 EUR (plus VAT in those cases where VAT is due) and enables subscribers to attach multiple other users to the group. Group accounts can only be obtained by persons in capacity to contract with the service provider.
  3. Subscribers manage the membership of users to a group depending on their contract with the service provider. Membership implies a transparency of group related time entries to the subscriber. Membership of a particular user to a group is free.

Paid group services

The minimum subscription period for paid group services lasts one month for the regular and recurring use of the service, and automatically extends to a further month. The first monthly fee is due at the opening of a group for the very month. Subscribers are expected to pay their monthly fee in a timely manner. The service provider may terminate or temporarily suspend a group account of the subscriber and revoke invited users' membership to the group if the subscriber fails to meet his payment obligations.

Revocation right

Subscribers may exercise a revocation period of their subscription contract lasting 14 days. They may revoke their subscription contract with the service provider without a statement of reasons and without incurring additional or punitive fees. Subscribers revoke their group account by written notice to the address of the service provider. The right of revocation may suspend prematurely when the contract is fully enforced by both sides before a right of revocation is exercised.

Termination of group services

Subscribers are at any time entitled to terminate their group subscription effective by the end of the paid period. TimefyMe offers subscribers read-only access to data exceeding a group subscription period for one month and/or submits the group activity data to the former subscriber by electronic mail.

Termination of user account

Users may close their TimefyMe accounts at any point in time. TimefyMe would still continue reading access to their data unless explicitly agreed otherwise. TimefyMe provides a convenient way to download the data. This respects the freedom of users to migrate all their data to an infrastructure operated by another party.

Password protection

  1. Users and subscribers specify their access password electronically and are required to confirm it. To this end an email account is needed for registering and managing a user account.
  2. Users of TimefyMe keep their password confidential and protect it from misuse by thirds.
  3. TimefyMe would electronically assist a user to recover his or her password. However, staff of the service provider is not entitled to ask for passwords of TimefyMe users by email or telephone.
  4. Users may be liable for misuses of their user accounts. Where a user suspects a misuse of a user account or a suspicious behaviour of TimefyMe alleged staff he or she shall immediately notify the service provider.

External Hosting Operator

The web platform running the web service TimefyMe and the required data space is operated by a contracted data center and is protected against unauthorized access.

Safeguarding sensitive data

The service provider respects user privacy and the sensitive nature of personal data disclosure. In order to safeguard the online privacy of its users TimefyMe operates an in-house web analytics solution Piwik to optimize its web services instead of an externally hosted service. For more on technically and legally required data storage and safeguards for the protection of the personal data TimefyMe explicitly refers to its privacy policy.

Fitness for use and functional changes

  1. TimefyMe attempts to provide accurate, complete and quality services for personal time tracking and time management. However, TimefyMe cannot universally assure that the functionality is accurate and accessible under any specific circumstances and conditions, and that it satisfies all user needs. The service provider reserves its right to change or discontinue TimefyMe.
  2. TimefyMe team members are further improving the platform, and adapting it to changes in consumer behavior and technological advancements. For regular maintenance temporary usage limitations are possible. For these evident reasons users are not legally entitled to continuous uninterrupted use and accessibility of TimefyMe.
  3. Changes and derivation of agreed contractual services are permitted insofar these changes and deviations do not compromise the overall character of agreed services. Contracted partners are made aware of performance changes or deviations.
  4. Temporary disruptions of services may incur for reasons of vis major, including strike, and governmental injunctions or required technical changes. The Service Provider takes all efforts to limit consequences of hazardous incidents and disturbances in a fast pace. For disruptions and disturbance for more than 24 hours for which the service provider is responsible a subscriber is entitled to a reduction of its monthly fee.

Abusive use and System intrusion

  1. A user informs the service provider about an illegal use of the online TimefyMe service using an electronic contact or a written notice to the service provider. Information about unlawful activities would be shared with competent authorities. A service provider of web sites may be required by law to notify competent authorities immediately about alleged illegal activities undertaken or to share data with the competent authorities by which a user's identity may be revealed. TimefyMe supports no offensive, indecent, extremist, criminal or terrorist activities, and such uses are expressly inconsistent with these terms and conditions of the service provider.
  2. The service provider may suspend or terminate user participation to the service if the users infringes upon the Terms of Service or legal obligations, or while the service provider checks a suspected wrongdoing. Accounts of users can be suspended at any time when they makes false statements, commits identity theft, publish unlawful or undesirable content, or impair the functioning of TimefyMe. The service provider excludes those users who damage data, delete, interfere with, alter or suppress or compromise the integrity of the information technology systems of the service provider. To this end the service provider may also restrict users to read-only access or deny service for users from a specific IP address range.

Liability

A liability of the service provider and their representatives and auxiliary agents is excluded, for compensation, in particular damage compensation, in particular for cases of delay, non-fulfillment, unsatisfactory fulfillment and impossibility, positive or unauthorized action insofar incidents were not caused by action of intent or gross negligence, to the extent exclusion of alternate services does not stifle or endanger contractual service compliance.

Electronic processing of payments

All payments to TimefyMe are processed via the Braintree payment processing services (https://www.braintreepayments.com/) of PayPal, Inc. We refer you to consult their Terms of Service and find out which contraction conditions apply to you. https://www.braintreepayments.com/legal/gateway-agreement

Third party services

Terms of services from partners of the service provider shall be given priority, when they evidently contribute online functionality.

External Link

A user of TimefyMe may follow links to third party websites for which the service provider takes no responsibility. TimefyMe does not espouse the content of external sites.

Textform

Insofar not envisaged otherwise contractual notifications and declarations have to be based on text.

Governing law

The governing law shall be the law of the Federal Republic of Germany with exclusion of the United Nations treaties on international commerce (CISG). Only insofar the user or subscriber is an Businessman (“Kaufmann” within the special meaning of Section 1 ff. German Commercial Code (HGB)), a judicial body of public law or a special estate of public law the venue Berlin get designated as the sole venue of jurisdiction devised from the terms of use and the applicable contract.

Salvatory clause

In case that provisions of these general terms of service and/or the applicable contract are or become obsolete, the other provisions remain effective for both parties. The ineffective provision shall be substituted by such a legally effective provision which approximates the spirit and purpose of the ineffective provision in the closest possible way.

Contact

Vorgründungsgesellschaft GridMind Ivan Fernando Villanueva Barrio EU
  • Malmöer Str. 6
  • 10439 Berlin, Germany
  • Fon: +493039820596
  • Fax: +493034060473
  • Email:
  • VATIN subject to German law §27a Umsatzsteuergesetz: DE270095377
  • Person responsible according to German law §55 Abs. 2 RStV: Ivan Fernando Villanueva Barrio (same address as above)

Berlin, Germany as of 25 November 2014