Last updated: August 11, 2022
Our Platform integrated with your website enables your website’s users to an on-line reservation for your services, confirmed by e-mail and/or text message (SMS), in line with the Subscription Plan of your choice, and allows you to manage those reservations via Admin Panel on our Customer Portal.
Timerise, We, Us – means Timerise Sp. z o.o. with its registered office in Wroclaw, Poland, address: ul. Inowrocławska 21C/1, 53-653 Wroclaw, Poland, e-mail: [email protected] , tax identification number (NIP): 8971890756.
Website – Timerise’s Internet site available at: https://timerise.io/
Customer, You – an entrepreneur over 18 years of age, who creates Customer’s Account and uses Platform in their business activity
Customer Portal – part of Timerise’s Website available to you (and your employees/other persons authorized by you), after signing up
Customer Account, Admin Panel – your dedicated account in Customer Portal, secured by your password and login, which shall be accessed only by you
User Account, User Panel – additional account assigned to your Admin Panel, dedicated to your employees or other persons authorized by you to use Customer Portal and/or the Platform; each User Panel shall be accessed only by certain User whose data were submitted to create this User’s Panel; each User Panel shall be secured by password and login, known only to its User;
User – your employee or any other persons authorized by you to use Customer Portal and/or Platform
Platform – online booking platform created, developed and maintained by Timerise, which could be integrated into Customer’s website, used by End-Users directly from Customer’s website and used by Customer via Customer’s Account
Customer’s Website – your website, which could be integrated with Platform to allow your website’s users to make a booking with regards to your website offer
Service – Timerise services enabling Customer to use Platform, Timerise Documentation and Customer Portal
Subscription, Subscription Contract – Contract which incorporates these Platform T&C, concluded by the Parties upon Customer’s choice of Subscription Plan in its Customer’s Account and submitting credit/debit card details for payments
Timerise Documentation – technical documentation regarding Platform in general, its functions, features, specific risks related to use of the Platform and other electronic services related to Platform and provided by Timerise, technical requirements necessary for proper integration and use of the Platform
Server – the server(s) that we provide for the purpose of hosting and delivering the Services
End-User – Customer’s client who makes reservations (bookings) via Platform integrated to Customer’s website
User – employees or other persons authorized by the Customer to use Customer Portal and/or the Platform on Customer’s behalf
Booking – a reservation made by the End-User via Platform integrated with Customer’s website
Subscription Plan – one of the packages of Bookings available to Customer’s End-Users per month indicated in Sec. 5 of Platform T&C
Essentials Subscription Plan – a Subscription Plan under which the End-User receives confirmation via e-mail about bookings made by the End-User
Pro Subscription Plan – a Subscription Plan under which the End-User receives confirmation via e-mail and text message about Bookings made by the End-User
Free-of-Charge Subscription Plan – a free-of-charge package of Bookings available to Customer’s End-Users per month, under which the End-User receives confirmation via e-mail about Bookings made by the End-User
Billing Period – is the interval of time from the end of one billing, i.e. the date of issuing an invoice by Timerise, to the next billing statement date
Monthly Billing Period – a Billing Period of one calendar month
Annual Billing Period – a Billing Period of one calendar year
Unlawful Material – content or data provided or generated by you, Users and/or End-Users that constitutes spam, hate speech or which is defamatory, infringes the intellectual rights or privacy of any third party, pornographic, blasphemous, or otherwise illegal
Error – a reproducible defect or combination thereof in the Platform that results in a failure of the Platform despite that it is used in accordance with the Timerise Documentation. Platform Errors do not include those errors caused by (a) Customer’s negligence, (b) any unauthorized modification or alteration Customer makes to the Platform, (c) data that does not conform to Customer’s specified data format, (d) operator error, or use not conforming to the Customer’s supported technical environment specified in the Timerise Documentation
- Customer Portal, Platform and Timerise Documentation is available to you: “AS IS”, Timerise provides no other warranties, express or implied, including any warranty of merchantability and warranty of fitness for a particular purpose other than determined in Timerise Documentation and these Platform T&C. You accept that we have no in-depth knowledge of your business or precise requirements, regardless of whether you have informed us of any such requirements. Consequently, and without prejudice to the foregoing, we do not warrant that the use of the Platform will meet your requirements or that the operation of the Platform will be uninterrupted or error free.
- The main function of the Platform is enabling the End-Users to make Bookings directly via your website. After making a Booking, the End-User receives a notification regarding the Booking by e-mail or a text message, in accordance with the Customer’s choice of Subscription Plan.
- Timerise Documentation available at: https://docs.timerise.io describes Platform functions and features in detail and indicates technical requirements for its proper use, i.a.: Customer/User shall have a Personal Computer:
- with Windows 4.0+ or macOS operating system in the current version,
- with Chrome web browser in the current version, and
- connected to the Internet.
The costs of Internet connection are incurred by the Customer/User, in accordance with their agreements with their telecommunication operator.
3. Customer’s Portal
- Using the Platform requires signing up in our Customer Portal.
- It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an Account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right to suspend or terminate any account in breach, with our without notice.
- Please note that you undertake to take appropriate measures to ensure security of your Customer’s Account, in particular by choosing a safe password and not disclosing the log-in details to third parties.
- After signing up you are entitled to create User Accounts on our Customer Portal, assigned to your Admin Panel. User Accounts are designed for your employees or other persons authorized by you to use the Customer Portal and/or the Platform on your behalf. To create a User Account you need to add the User’s email in the Admin Panel.
- Please ensure that Users:
- are over 18 years of age,
- have secured access to their User Account by password and are trustworthy.
- By granting anyone access to User Account and/or your Admin Panel you guarantee that this person complies with conditions set out in Sec. 3.5 above, therefore you will be liable towards us for all of their actions and/or omissions.
- Users will be given the opportunity to change their passwords and should they do so, you undertake to encourage them to select suitably secure alternatives. Each User is required to have their own log in details and password.
- Should you become aware or suspect that an unauthorized person has obtained or has attempted to obtain access to the Portal or any data processed and accessed by the Platform, whether stored on the Server or elsewhere, you will notify us immediately. In particular, we will need to know the circumstances in which the security breach was made or suspected and where such access was gained through the fraudulent use of existing User Accounts, you will ensure that the Users in question immediately change their passwords.
- You will not attempt to obtain access to, use or interfere with any Platform or data that belongs to us or any third party (including any other Customers of ours) that is stored on the Server other than as specifically permitted under these Platform T&C.
- If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately.
4. Free-of-Charge Subscription Plan
- Customers may choose a Free-of-Charge Subscription Plan (referred to in Sec. 5.1.7 below) by signing up to the Customer Portal and concluding with us a Subscription Contract. A Free-of-Charge Demo Account is a package of 5 Bookings received by the Customer free of charge.
- A Free-of-Charge Subscription Plan is granted to the Customer and access to the Platform with Timerise Documentation is given to the Customer after the Customer signs up to the Customer Portal and chooses the Free-of-Charge Subscription Plan. Within the Free-of-Charge Subscription Plan you will have access to Timerise Documentation and you may integrate our Platform with your website (Customer’s Website) and use all of the Platform’s functionalities.
- Detailed instructions on Platform integration are included Timerise Documentation. You may contact us if you encounter problems with integration, however we may assist you at our sole discretion and we are not obliged to render any service in this respect.
- After the number of Bookings within the Free-of-Charge Subscription Plan is reached, Timerise suspends further Bookings, unless the Customer submits required payment details in their Customer Account. After submitting the required payment details, the Customer may continue to the Free-of-Charge Subscription Plan or choose one of the Subscription Plans indicated in Sec. 5.1.1-5.1.6 below.
- Information regarding the expiry of the Free-of-Charge Subscription Plan will be displayed in the Admin Panel. Customer may also be notified by e-mail that access to the service will soon expire and can be resumed at any time, after logging in to the Portal, selecting the Subscription Plan and providing payment details (if the payment details weren’t provided by the Customer before).
- Customer may also be notified by email about the approaching limit of 5 (five) Bookings, as well as about the expiry of the Free-of-Charge Subscription Plan (due to the expiry of the monthly limit of Bookings).
5. Subscriptions & Payments
- Customer may choose one of Subscriptions Plans, billed monthly or annually, via Website or Admin Panel:
- Individual Subscription Plan – 6$ monthly/5$ per month annually
- Company Subscription Plan – 56$ monthly or 49$ per month annually
- Enterprise Subscription Plan – starting from 349$ monthly/299$ per month annually)
- Free-of-Charge Demo Account – a package of 5 (five) Bookings
- Individual Subscription Plan allows the Customer to:
- add unlimited number of Services,
- add unlimited number of Spaces, Assets, Locations,
- display and manage active, canceled and rescheduled Bookings,
- adjust the appearance and content of the Booking page,
- have 1 (one) Project,
- have 1 (one) Team Member (User),
- use other functionalities and features, if specified in Timerise Documentation.
- Company and Enterprise Subscription Plan allows the Customer to:
- add unlimited number of Services
- add unlimited number of Spaces, Assets, Locations,
- display and manage active, canceled and rescheduled Bookings,
- adjust the appearance and content of the Booking page,
- have unlimited Projects,
- have unlimited Team Members (Users),
- use other functionalities and features, if specified in Timerise Documentation.
- Value Added Tax (VAT) shall be added to prices indicated in Sec. 5.1.1-5.1.6. in accordance with applicable law at the time of invoicing.
- Subscription starts and the Platform with Timerise Documentation is available for Customer’s use after Customer signs up to the Customer Portal. Subscription Contract between Customer and Timerise is concluded at the same moment. Customer undertakes to submit required payment details within the first Billing Period of the Customer’s using the Free-of-Charge Subscription Plan or after the Customer has used up the package of thirty (30) Bookings, to which the Customer was entitled to within the Free-of-Charge Subscription Plan.
- Payment for Subscriptions will be due at the time of purchase. Your chosen payment method will be billed immediately upon confirmation of your Subscription. We accept the following methods of payment:
- Customer agrees to receive electronic invoices. Timerise issues and delivers electronic invoices to the e-mail address indicated in the Admin Panel, at the end of each Billing Period. Customer may change their e-mail for invoicing in the Admin Panel.
- Each Subscription Contract with a Monthly Billing Period is concluded for the indefinite period of time. Customer may cancel the Subscription (terminate the Contract) at any time, with 7 days prior notice, by email, with an effect at the end of the current Billing Period. Fee for the current Billing Period is due to Timerise and there is no refund due to you.
- Each Subscription Contract with an Annual Billing Period is concluded for the definite period of one year, with automatic renewal for next year, and subsequent years accordingly, if not terminated by Customer at least with 7 days prior to the end of the current Annual Billing Period.
- For avoidance of doubt, after the end of each Billing Period, the current Subscription Plan is automatically renewed for the next Billing Period, unless the Customer chooses a different Subscription Plan in the Customer Account, before the end of the given Billing Period.
- Customer may be informed by an e-mail notification about approaching the limit of Bookings within the Subscription Plan after reaching the threshold of 5%, 25% and 50% of Bookings within the Subscription Plan. If the Customer uses 100% of the Bookings within the Subscription Plan, Timerise suspends further Bookings. The Customer may also be informed of this fact by an e-mail notification.
- If Customer chooses to cancel the Subscription Plan with Annual Billing Period (terminate Subscription Contract with Annual Billing Period), Customer is entitled to partial refund of Annual Fee for the remaining time when electronic Service will not be provided, however Customer will be charged with fees per Monthly Billing Period for the months before termination. Customer may terminate the Subscription Contract with Annual Billing Period by e-mail, with 7 days prior notice, with an effect at the end of the calendar month.
- If Customer has concluded a Subscription Contract with Annual Billing Period and in the course of the given Annual Billing Period chooses a Monthly Billing Period within the given Subscription Plan, the Customer will also be charged with a one-time fee, amounting to the difference between fee per month annually and respective monthly fee (from the date of concluding the Subscription Contract with Annual Billing Period) multiplied by number of months within that Annual Billing Period which have passed until the change to a Monthly Billing Period was done, as if the Customer would have previously chosen a Subscription Plan with Monthly Billing Period.
- If Costumer has concluded a Subscription Contract with a Monthly Billing Period and in the course of the given Monthly Billing Period chooses the Annual Billing Plan, the Customer is not entitled to receive the difference between the per month annually and respective monthly fee. For avoidance of any doubt, the months which have previously passed within the Subscription Contract with a Monthly Billing Period shall not be credited towards the term of the Subscription Contract with an Annual Settlement Period.
- If Customer is in delay with any payment due to Timerise, Timerise reserves the right to suspend Customer’s access to the Platform and/or terminate the Contract, upon notifying the Customer seven days prior via email about additional time to settle payments. If additional time lapses to no avail, Contract between Customer and Timerise is terminated, and Customer shall settle payments due to Timerise promptly.
- Any and all refunds due to you will be made no later than 14 calendar days after the date on which We acknowledge your cancellation. Refunds will be made to your original payment method.
- American Express.
6. Technical Support
- Within the scope of Services, Timerise provides the Customer with support in cases of Errors, if such Error occurs during Customer’s use of the Service („Support”).
- Should you discover an apparent fault in the Platform (Error) you should notify us by e-mail sent to the address: [email protected] immediately stating the circumstances in which the fault arose and providing such further information as we may require („Error Report”).
- Should you notify us of an apparent fault, we will investigate to see if a fault is present. If it is, we will take reasonable corrective measures to ensure that the Platform does perform correctly. Timerise will confirm receiving the Error Report via e-mail sent back to the Customer’s email address within 48 hours from receiving the Error Report. Timerise will either fix the Error within 5 business days or contact the Customer within 48 hours from confirmation of the Error Report.
- The following response and resolution times are provided as an indication only and governed by our working hours (from Monday to Friday, from 9am to 5pm (GMT +1 time).Severity LevelConditionResponse TimeResolution Time1A critical issue where the Platform does not function or is preventing business operations. A large number of end-users are prevented from working with no procedural workaround.24 hours24 hours2A non-critical issue where there is moderate to significant operational impact or non-critical loss of functionality on a production Platform. Platform is impacted by the issue but it is still able to perform in a limited capacity or a small number of end-users are affected.48 hours5 business days
- Should we receive an Error Report from you in accordance with Sec. 6.2 above, we may make recommendations concerning your use of the Platform or other issues in your control affecting the performance of the Platform. You will implement those recommendations at the earliest possible opportunity and you acknowledge that should you fail to do so, the performance and/or effectiveness of the Platform may be adversely affected.
- We will not be responsible for the diagnosis and/or rectification of any fault resulting from:
- your failure to implement our recommendations;
- improper use or operation of the Platform, or your failure to operate the Platform in a manner consistent with our directions, or the use of the Platform otherwise than in accordance with Timerise Documentation, including any purpose for which it was not designed;
- the use of a browser that does not meet (where applicable) the Browser Specification;
- the quality, accuracy, correctness, appropriateness or other characteristics relating to the integrity of the data stored or processed by the Platform,
- You alone are responsible for all content and data to be processed by the Platform and you will control the processing and use of that content and data. We will not be responsible for any fault or error in any such content or data.
- We may choose to provide support even though the faults you have notified us have arisen because of one or more of the issues cited in Sec. 6.6.1 and 6.6.4 and answer your questions regarding Platform usage or clarification of Timerise Documentation or other non-impacting issue, at our sole discretion.
7. Customer/User obligations
- As a Customer/User you agree not to do any of the following:
- Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another Customer, User or third party.
- Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libelous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
- Use or harvest data provided by other Users in a way that they would object to.
- Encourage illegal activity or activity that violates the rights of other Users or third parties, whether individuals or organizations.
- Supply or post content calculated to deliberately mislead other Users or third parties, including content falsely made to appear from or be endorsed by us.
- To pose as another User, third party or organization employee for the purposes of obtaining User or third party information.
- To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or Service or any other equipment.
- Attempt to gain access to our Servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and Users.
- Reframe or repurpose the Platform or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us as a Service.
- Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
- Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites Users and others to participate in wasting their time and/or money.
- Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
- The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the Account of any User who in our sole judgment is in breach of these Platform T&C.
- Notwithstanding point 7.1 and 7.2 above, Customer and User are obliged to comply with the applicable provisions of law, in particular, by refraining from placing unlawful content when using the Service and Customer Portal.
8. Intellectual property rights
- Timerise grants the Customer a chargeable, non-exclusive, non-assignable, non-transferable worldwide right (licence) to access and use the Service during the term of the Contract. The Customer is not obtaining any other right to the object code or source code of the Service.
- The Customer may only use the Service within the scope of these Platform T&C, especially integrating the Platform with the Customer’s Website in order to provide booking services to End-Users. This does not include the use of the Service by third parties (other than Users and End-Users) or any transfer or procurement to third parties.
- Customer guarantee to refrain from the below activities, unless the Customer obtains prior written express consent of Timerise:
- make derivative works of Platform, Customer Portal, Timerise Documentation and any other suitable part of Service;
- modify, alter or change Platform in any way other than predicted in Timerise Documentation;
- sublicense, sell, rent, lease, lend, time-share, disclose, transfer or host any suitable part of the Service for any other parties;
- use the Service to modify or reproduce third party material;
- attempt to unlock or bypass any initialization system, encryption methods or copy protection device in the Service;
- alter, remove or obscure any patent, copyright or trademark notice in Service or in the Timerise Documentation;
- reverse engineer, decompile or disassemble or remove functions of the Service or any suitable part of them;
- disclose Timerise Documentation;
- extract any data from the Service and use such data for any purpose other than those provided in Timerise Documentation and those Platform T&C.
- Customer will not allow access to the Service through any other means than those applicable in intended use.
- You may cancel your Subscription at any time if:
- we have notified you of an upcoming amendment to the Timerise Documentation or to these Platform T&C that you do not accept; or
- we have notified you of an error in the price or description of your Subscription or the Service and you do not wish to continue; or
- there is a risk that the availability of the Service may be significantly delayed due to events outside of our control; or
- we have breached these Platform T&C or have failed to comply with our legal obligations to you.
- To cancel a Subscription for any of the reasons indicated in Sec. 9.1.1-9.1.4, please inform us by email at [email protected].
- In order to improve our Booking Service in the future, we may ask you why you have chosen to cancel your Subscription; however your feedback is voluntary.
- We may cancel your Subscription and/or delete your Account, if you or a User assigned to your Admin Panel have breached our Platform T&C. You will be notified by e-mail and provided with an explanation. If your Subscription is cancelled and/or Account is closed since you or a User assigned to your Admin Panel have breached these Platform T&C, you will not be entitled to a refund.
- If your Account is closed and/or your Subscription is canceled by us for any other reason, you will be refunded the remaining balance of your Subscription. The refund will be calculated based upon the price of your Subscription being divided by the total number of days in the Subscription and multiplied by the number of whole days remaining until the end of the Subscription (or, in the case of auto-renewing Subscriptions, until the renewal date). Any and all refunds due to you will be made no later than 14 calendar days after the date on which the closure and/or cancellation becomes effective. Refunds will be made to your original payment method.
- Timerise shall not be liable for:
- any content provided by the Customer/Users/End-Users to Platform and/or Customer Portal including materials, data, databases, components, graphics, logotypes and other rights on intangible assets,
- Platform’s integration with Customer’s Website and functioning of any Customer’s Service/hardware which may influence proper use of Platform and/or Customer Portal,
- any loss of data or other damages related to the use of the Service or its individual components, resulting from actions or omissions of the Customer or any third parties for which Timerise is not responsible,
- internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control,
- lack of Customer’s or any third parties’ compliance with legal or tax regulations related to Customer’s use of Platform/Customer Portal/Timerise Documentation.
- None of the Parties shall be liable for non-performance or improper performance of their contractual obligations in the event of force majeure events or as a result of acts or omissions for which the Party is not responsible, if such events make it impossible to perform the subject of the Contract in accordance with Platform’s T&C.
- Timerise liability under the statutory warranty (“rękojmia”) as well as for the loss of profits (any special, indirect or consequential damages, including, but not limited to, loss of contract, reputation, market) is excluded. Except for actions or claims arising from the gross negligence or intentional or willful misconduct of Timerise’s total aggregate liability to Customer shall be limited to the fees Timerise have received from Customer in 6 months preceding the damage.
In matters relating to any Service rendered to you by Timerise, you have the right to complain. Please include in your complaint at least the following information: (i) your name and last name (ii) e-mail address for contact, (iii) description of circumstances justifying the complaint. Complaints missing data mentioned above will not be handled by Timerise. Complaints may be sent to Timerise’s address, i.e. ul. Inowrocławska 21C/1, 53-653 Wrocław, Poland, or to the e-mail address: [email protected]. Complaints will be handled by Timerise within 30 days of receipt. Timerise will inform the User about complaint consideration at the e-mail address indicated in the complaint.
- Parties are obliged to comply with the applicable provisions of law on the protection of data, in particular with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
- In connection with the provision of the Services, Timerise may be entrusted with processing Your Personal Data, but only to the extent necessary. The detailed terms of entrusting the processing of Personal Data by you are governed by the Data Processing Agreement available at https://timerise.io/legal-dpa-en.html. The start of Your use of the Services shall constitute your acceptance and conclusion of the Data Processing Agreement.
- We are not responsible for Your obligations in relation to the processing of Personal Data and the provision of electronic services. You are solely obliged to comply with such obligations in connection with your and/or End User use of the Services.
13. Final provisions
- If any provision of the Platform T&C or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of the Platform T&C and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
- The Parties shall maintain strict confidentiality with regard to all information which has been or will be disclosed to each other in writing, orally or in any other form in connection with the Customer use of Platform and/or other Service, including but not limited to documents, designs, plans, data, know-how and any other form of business secrets.
- In no event shall the Customer’s or User’s use of the Services and/or Service create a partnership, joint venture, broker relationship, employee-employer, agency, or franchisor-franchisee relationship. The relationship between Timerise and the Customer is that of an independent contractor.
- It is hereby acknowledged that Platform T&C constitute the entire Contract between the parties pertaining to the subject matter hereof, and supersede in their entirety any and all written or oral Contracts previously existing between the parties with respect to such subject matter.
- Customer Account and any Contract concluded under this Platform T&C may not be assigned by Customer to any party without the express written consent of Timerise.
- Timerise is entitled to amend unilaterally the content of these Platform T&C, as well as the content of the Data Protection Agreement and Timerise Documentation. Timerise shall notify the Customer about the amendment via Customer’s Account/via e-mail indicated by the Customer in the Admin Panel or, in cases of amendments to the Data Processing Agreement, via Admin Panel, one month before amendment is effective. The Customer shall have the right to cancel the Subscription for the following Billing Period if the Customer does not agree to be bound by the amendment. If the Customer continues to use the Platform in the next month, Customer consents for amendment.
- If there is any dispute arising out of these Platform T&C or any other Contracts concluded between the Parties, by accepting Platform T&C the Customer and the User expressly agree that any such dispute shall be governed by the laws of the Poland, without regard to its conflict of law provisions. Customer and User expressly agree to submit to the exclusive jurisdiction of and venue in Wrocław, Poland.