Timely AS Terms of Service

By using the timelyapp.com web site ("Service") or any and all services of Timely AS , you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Timely reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://register.timelyapp.com/terms_of_service.html

Violation of any of the terms below will result in the termination of your Account. While Timely prohibits such conduct and Content on the Service, you understand and agree that Timely cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. You must be 18 years or older to use this Service.
  2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
  5. You are responsible for maintaining the security of your account and password. Timely cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  7. If you are using a free account you are not permitted to block ads.
  8. One person or legal entity may not maintain more than one free account.
  9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
  2. You are required to add your credit card details and pay to be able to use Timely (Premium, Business, Team, Freelance, Solo, and Standard Plans). After the first 30 days of use are complete, you are no longer eligible to your money back. The Free plan is always free to use and you are not required to add your credit card details.
  3. The Service is billed in advance on a monthly or yearly basis and is non-refundable.
  4. There are no refunds or credits for partial use of service, upgrade/downgrade refunds, or refunds for unused service with an open or closed account. In order to treat everyone equally, no exceptions will be made.
  5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Norwegian taxes.
  6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Timely does not accept any liability for such loss.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Settings > Subscription > “Downgrade to free or Cancel and delete my account.” The screen provides a simple no questions asked cancellation link.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. Timely, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Timely service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Timely reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. Timely reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Timely Site (timelyapp.com) or the Service itself.
  3. Timely shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. All content posted on the Service is must comply with Norwegian copyright law.
  2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
  3. Timely does not pre-screen Content, but Timely and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  4. The look and feel of the Service is copyright © 2012 Mathias Mikkelsen AS. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Timely.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. You understand that Timely uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Timely, or any other Timely service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Timely.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Timely customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. Timely does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  12. You expressly understand and agree that Timely shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Timely has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  13. The failure of Timely to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Timely and govern your use of the Service, superceding any prior agreements between you and Timely (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to [email protected]

PRIVACY

GENERAL

1. This privacy policy covers how Timely collects and treats information about its users. Anyone who visits timelyapp.com website or downloads, saves, installs, uses, accesses, attempts to use or access any of Timely’s applications, or connects/integrates another service with Timely shall by so doing be deemed to have agreed to the terms of this privacy policy and such collection, use and other processing of data as set forth below.

2. All capitalized terms used and not otherwise defined herein have the meanings ascribed to them in Timely's terms of service (available at https://timelyapp.com/terms_of_service.html, hereinafter "Terms of Service"), with the exception of the term "Customer", which, for the purposes of this privacy policy, shall also include anyone who visits timelyapp.com website or downloads, saves, installs, uses or accesses, or attempts to use or access, any of Timely applications. The term "Supplier" refers to each person or entity identified as Supplier in any version of the Terms of Service (i.e., each such person or entity severally).

3. Nothing herein is intended to prejudice Supplier's statutory data processing rights.

DATA COLLECTION

4. Customer acknowledges that Supplier may collect information (including personal data) about Customer and End Users ("Data Subjects"): (a) during the negotiation, conclusion and modification of the agreements it concludes with Data Subjects or with parties whom the Data Subjects represent (the information collected may include the data provided in such agreements, or for the purposes of negotiating, concluding or amending same); (b) when a Data Subject fills in forms via the Service, opens a User Account, subscribes to, or unsubscribes from, a Service Plan, creates or modifies a user profile, or enters or modifies other information associated with their User Account (the information thus provided); (c) when a Data Subject visits Supplier's website (the Data Subject's IP address, geographical location, session information, browsing behavior, certain software and hardware attributes); (d) when a Data Subject downloads, installs, updates or uninstalls the Software, or accesses or uses the Service or any other service connected with Timely (the location (GPS), manner, means and duration of such activity as well as other information the Data Subject may provide); and (e) when otherwise knowingly made available to Supplier (the information the Data Subject provides). When visiting Supplier's website, "cookies" may be stored within the visitor's device.

DATA PROCESSING

5. Customer agrees and warrants to Supplier that End Users agree:

1. to Supplier's processing of Customer Details and such other information as referenced in section 4 (collectively, "Data") for the purposes of (i) providing the Service, (ii) improving or otherwise modifying the Service and notifying Customer and other relevant Data Subjects thereof, (iii) customizing the content and/or layout of Supplier's website or the Service for the particular visitor or user, (iv) replying to the Data Subjects' communications and contacting them, (v) performing Supplier's obligations towards the Data Subject, (vi) exercising and enforcing Supplier's rights, (vii) user statistics and other Service-related analyses;

(b) that Data may be processed in the country of their domicile as well as outside it, including in any member state of the Organization for Economic Co-operation and Development (OECD) and any country participating in the European Economic Area (EEA);

(c) that Supplier will not sell Customer Details to any third party besides the members of its corporate group, except when, to the extent, and to persons (i) expressly allowed by the Data Subject concerned, (ii) required by law, or (iii) necessary in order to perform Supplier's obligations under the Agreement, or its statutory obligations, or to exercise its legal rights, or defend against claims or other process.

6. Supplier represents that it has implemented and will continue to employ commercially reasonable measures to ensure that Customer Details are processed securely and in compliance with the applicable law.

7. Supplier has no obligation to monitor or access its customers' accounts, but may do so in cases where such action is reasonably justified (e.g., in order to prevent illegal or harmful activity, provide customer support, or perform its legal duties).

8. Supplier is neither the controller nor the processor (neither "chief", "responsible", "authorized", nor any other processor) of User Data and has no obligation whatsoever in connection with such data or the processing thereof. User Data is processed by registered Customers and any issue concerning such data or its processing should be taken up with the Customer in charge of the relevant workspace or other part of the User Environment.

CUSTOMER'S RIGHTS

9. Upon Customer's request, Supplier will grant Customer access to, or, at Supplier's option, provide Customer with a statement of, all Personal Data that Supplier maintains about Customer, unless such information is otherwise reasonably available to Customer or Supplier is legally prohibited from disclosing such records. If any such Personal Data prove to be incorrect or misleading, Customer is entitled to have same corrected, or, where Customer is able and authorized to modify such data, correct same on their own initiative. Registered Customers can access and correct certain of their Customer Details through the Service by visiting their personal profile page and account setting page. For the avoidance of doubt, Customer acknowledges that this section only applies to "Personal Data that Supplier maintains about Customer", and that Supplier does not "maintain" any User Data (see section 8).

10. In all cases where Supplier is allowed to disclose Customer Details to third parties, it will, as far as possible, take reasonable measures to ensure that the person to whom disclosure is made grants the respective Data Subject rights that are substantially similar to those set forth herein with respect to the processing of such Customer Details (including the right to be informed about the data maintained on the Data Subject and the right to correct or have corrected incorrect or misleading information).

NOTIFICATION

11. If a Data Subject participates in Supplier's mailing or similar program, Supplier may use their Customer Details to send them information about products, services, promotions, and events that Supplier believes may be of interest to them. Any subscription to any such program may be cancelled at will.

12. Supplier may send registered Customers certain communications relating to the Service, such as (e.g.) service announcements and administrative messages, without offering such Customers the opportunity to opt out of receiving them.

13. Supplier asks that all requests, enquiries, complaints, and other communications that Customer wishes to address to Supplier with respect to this privacy policy or Data processing be submitted via the feedback feature of Supplier's website, or that such communications be sent to the following email or postal address: support [a] timelyapp.com / Timely AS, Møllerparken 2, Oslo, Norway

JURISDICTION

14. Any dispute that may arise between Customer and Supplier or between an End User and Supplier in connection with this privacy policy or Supplier's data processing activities shall be subject to the jurisdiction specified in the respective Supplier's Terms of Service.

CHANGE OF POLICY

15. Supplier may amend or repeal this privacy policy at any time by posting a revised privacy policy or a new policy document in its place. If such revised or new policy includes a significant change to the way that Customer Details may be treated, Supplier will notify registered Customers of the fact that its privacy policy has changed by sending such Customers an email to the address associated with their User Account, or by posting a prominent notice on the Service.