Terms and conditions

General Terms and Conditions

The TimeMoto® Cloud 1 service (the “Software”) is provided by the private limited company TimeMoto B.V. (“TimeMoto”)., with its registered office in Zoetermeer (the Netherlands) at Heliumstraat 14 (2718 SL), and which can be reached at telephone number +31 79 363 11 70 or email address info@timemoto.com. TimeMoto is registered in the trade register of the Chamber of Commerce under number 91041708. TimeMoto VAT number is NL865535012B01.

TimeMoto places great value on its relationships with its customers. For this reason, TimeMoto considers it important to explain which terms and conditions apply to the use of the Software. By using TimeMoto you agree to these terms and conditions.

1Applicability

These terms and conditions apply to agreements (the “Agreement”) that TimeMoto enters into for the use of the Software. "You" (with or without capitals) means the natural person in the exercise of his/her profession or business or legal entity that enters into the Agreement with TimeMoto in relation to the use of the Software. "Parties" means TimeMoto and you together, or "Party" means either of them.

2Right of use and intellectual property

2.1TimeMoto grants a right of use for the Software for the duration of the Agreement (“Licence Period”). The right of use is not exclusive and not transferable. All intellectual property rights relating to the Software are held by TimeMoto or, if applicable, its licensors.
You may only use the Software in and for your own company or organisation, and only for the intended use. You are not entitled to make the Software available to third parties in any way or to grant third parties access to it. The term ‘you’ is deemed to mean the natural person or legal entity that enters into the agreement with TimeMoto for the use of the Software.

2.2In order to exercise your right of use, you will be given a user name and password. You are responsible for ensuring that they are kept secret. If your account is accessed by entering the user name and password you were given, TimeMoto will assume that said access took place with your consent. TimeMoto is entitled to issue an updated version of the Software (upgrade).

2.3TimeMoto® can also be used on mobile devices. However, TimeMoto does not guarantee that the Software is compatible with every mobile device. The TimeMoto® app can be downloaded from the Apple App Store or Google Play Store. These terms and conditions pertain exclusively to the relationship between TimeMoto and you.

3Fee

3.1The use of the Software is subject to a fee, except in the situation described in Article 6.1. The fee that is owed must be paid in full in advance by credit card. If the Agreement is renewed, the fee owed by you will be debited from your credit card.
Your right of use will be suspended for as long as the full fee cannot be debited from your credit card. You do not have the right to offset the fee owed to TimeMoto or to suspend your payment obligations.

3.2TimeMoto has the right to adjust the amount of the fee. Such an adjustment will come into effect on the first subsequent renewal of the licence period. An adjustment to the fee will be announced at least 30 days before it comes into effect.

4Functionality of Timemoto

4.1The SaaS is offered "as is". The functionality covered by your right of use depends on the chosen licence type. The licence types can be found on the TimeMoto website.

4.2TimeMoto may unilaterally, without notice and at any time, decide to add, remove and/or change functionality of the SaaS.

4.3You are responsible for ensuring that the SaaS is compatible with your hardware and/or other software you use. TimeMoto does not guarantee this, even if the TimeMoto website or elsewhere indicates that TimeMoto can be linked to third party software and/or hardware.

4.4TimeMoto is not responsible for third party products. TimeMoto does not guarantee the operation and/or availability of third party products, which TimeMoto's website or elsewhere indicates can be linked to TimeMoto.

5Maintenance

5.1The granting of the right of use for the Software is a best-effort obligation resting on TimeMoto. This means that TimeMoto does not guarantee the continuous availability of the Software, for example, in the event of a network failure, and does not guarantee that the Software will function without flaws.

5.2In order to fulfil the best-effort obligation described in the previous paragraph, TimeMoto will perform maintenance on the Software from time to time. During maintenance, the Software may not be available.

6Liability and indemnification

6.1TimeMoto is in no way liable, whatever the legal grounds, except in the event of intent or deliberate recklessness on the part of TimeMoto’s managers. TimeMoto is in no way liable at any time for indirect loss. The term ‘indirect loss’ is deemed to mean at least: loss of profit, missed savings, reduced goodwill, business interruption, claims by employees or third parties and serious damage to or loss of data.

6.2You indemnify TimeMoto, its employees and any other auxiliary persons engaged in the execution of the agreement against every claim by third parties in connection with the use of the Software, including the processing of personal data, inasmuch as said claims are more or different to those to which you are entitled against TimeMoto.

7Duration and termination

7.1The initial Licence Period is thirty (30) days (“Trial Period”). You can use the Software free of charge during the Trial Period. The Agreement ends with the trial period unless you renew the licence beforehand. You are entitled to no more than one (1) trial period.

7.2You can renew your licence by opting for any available extension periods.

7.3If no notice of termination is given or is not given in good time and you do not choose a different licence period, the licence will be automatically renewed for the period you chose last. Your credit card will be debited for the fee owed.

7.4Notice of termination may only be given at the end of the applicable licence period and with due observance of at least the applicable notice period. The applicable notice period is 30 days for licence periods of one year and seven days for licence periods of thirty (30) days.

7.5TimeMoto has the right at all times to terminate the agreement without being required to observe a period of notice.

7.6The right of use for the Software expires at the end of the agreement. You are solely responsible for securing the data before the end of the agreement. TimeMoto has the right to destroy said data at the end of the agreement. The term ‘data’ is deemed to mean the data you store in the Software.

8Secrecy

The parties are obliged to keep confidential all information that they have acquired from one another and of which they know or should reasonably suspect that said information must be treated as confidential. This applies unless the other party is required to release said information pursuant to laws and/or regulations or a court judgment.

9Choice of law and forum

The agreement is governed by Dutch law. Disputes between you and TimeMoto can exclusively be submitted to the competent court in The Hague.

10Final Provisions

10.1Any oral commitments and agreements are superseded. Additions or amendments to the Agreement of these terms and conditions are only valid if they have been agreed in a document that is signed and dated by both parties, unless otherwise stated in these terms and conditions and/or in the Agreement.

10.2TimeMoto is authorised to amend or supplement these terms and conditions unilaterally. TimeMoto will inform you in advance of each amendment or supplement.

10.3Rights and obligations under the agreement are not transferable without the permission of the other party.

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