These Terms & Conditions (“ToS”) set the rules of use of the https://timeion.com website and the services provided by 10CLOUDS Limited Liability Company (10CLOUDS Spółka z ograniczoną odpowiedzialnością, register under number 0000405868 by the District Court for the Capital City Warsaw, XIII Commercial Division of the National Court Register) with its seat in Warsaw, Poland, through this website.
You should read the ToS before starting to use the website and the services. If you do not read the ToS, do not understand them or do not agree with the content hereof, you should not use the website or the services.
The ToS can be subject to change, whereof you shall be informed in advance. If you then wish to cease to use the services, you shall have the right to do so within 14 days from the receipt of the information on the change of the ToS. If you continue to use the https://timeion.com after the change of the ToS, it shall mean that you agree to such change. The most current version of the ToS is available at any time at: http://timeion.com/terms-of-service. We recommend that you print a copy of these conditions for future reference or save them on your computer.
The https://timeion.com website and the services provided through that website as well as 10CLOUDS Limited Liability Company shall jointly hereinafter be referred to as timeION (or “we”, “us”, or “our”).
timeION is i.a. an employee schedule planning and management web-based application (the services render by timeION shall be hereinafter referred to as “Services”).The current and detailed list of Services provided by timeION is available at timeION website and constitutes timeION offer.
Services are provided in price and option packages selected by the client from the offer set out by timeION.
The Services are provided on an “AS IS” and “AS AVAILABLE” basis. timeION uses or may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
In order to use the Services properly you and your employees and/or collaborators shall:
1) have a device allowing the use of Internet;
2) use the lastest version of one of supported web browsers (Safari, Chrome, Firefox, Internet Explorer)
3) have an active email account.
2. Registration and Commencement of Provision of the Services
In order to commence the use of the Services, you need to register in timeION. You should follow the instructions contained on https://timeion.com and should provide the data indicated as obligatory, including the data of an active payment card (you must be authorized to use the credit card that you enter when you create an account). The payment card details are not necessary for registering for trial period.
timeION shall provide you with access to the administrative panel by generating and ID, a password shall be selected by you. You shall be responsible for protection of the ID and password against disclosure to unauthorised persons. In case of disclosure of the ID and/or the password to unauthorised persons, you shall immediately change your password and notify timeION thereof by e-mail to help (at) timeion.com. You shall be able to manage the Services in the scope of the functions made available by timeION via the administrative panel.
3. Terms of service
Using the Services requires your registration on timeION and payment of remuneration due for the Services according to the chosen Services’ package. TimeION might offer free of charge Services.
You may create accounts for your employees and collaborators. If a third party such as an employer gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account’s usage and profile data, including how and when your account is used; and read or store content in your account.
By registering with timeION, you understand that we may send you communications or data regarding the Services, including but not limited to: (a) notices about your use of the Services, including any notices concerning violations of use; (b) updates; and (c) promotional information and materials regarding timeION’s products and services, via electronic mail. We give you the opportunity to opt-out of receiving promotional electronic mail from us by following the opt-out instructions provided in the message.
We do not claim ownership of any content that is transmitted, stored, or processed in your (and your employees and collaborators) account(s). We also do not control or verify the content that you and others make available on the Services.
We provide functions that allow you to control who may access your content. If you enable the features that allow you to share the content with others, anyone you have shared content with may have access to your content.
You hereby grant timeION and its contractors the right to transmit, use and disclose content posted on the Services solely to the extent necessary to provide the Services.
You represent and warrant that you have all the rights in the content necessary for you to use the Services and that the storage, use or transmission of the content via Services does not violate any law or these ToS.
You may access your data on timeION via the Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Services, is bound by the terms of this agreement plus the following specific terms:
- a) you understand and agree that the timeION shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
- b) abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account’s access to the API. timeION, in its sole discretion, will determine abuse or excessive usage of the API. timeION will make a reasonable attempt via email to warn the account owner prior to suspension.
6. Maintenance and Malfunctions
timeION shall carry out maintenance and updates in a manner as little burdensome as possible for the quality and continuation of provision of the Services.
You should report any and all malfunctions to the following email address: help (at) timeion.com. A report of a malfunction should contain a description of the malfunction. timeION shall remove the malfunctions for which timeION is responsible, as soon as possible.
The fees applicable for the Services are available on the timeION.
You will pay the fees in the currency timeION quoted for your account.
We will notify you in advance, if we change the price of the Services. If there is a specific length and price for your Services offer already in effect, that price will remain in force for that time. After the offer period ends, your use of the Services will be charged at the then-current price. If your Services are on a period basis with no specific length, we will notify you of any price change at least 30 days in advance. If you do not agree to these changes, you must cancel and stop using the Services. If you cancel, your Services end at the end of your current Services period or payment period.
You consent to the issuance of electronic VAT invoices.
You authorize us to charge you for the Services using your credit card and for any paid feature of the Services that you choose to sign up for or use while these ToS are in force.
We may bill: (a) in advance; (b) at the time of purchase; or (c) on a recurring basis for subscription Services. We may charge you up to the amount you have approved.
We may automatically renew your Services and charge you for any renewal term.
All paid accounts are due the date the invoice is posted on your account.
Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed.
You must keep all information in your billing account current. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Services, we may cancel that Services.
9. Subscription period
You may select one of the following subscription plans and billing options:
- a) Monthly subscription plan. The subscription period for the monthly subscription plan will be one month and will automatically renew unless you cancel your monthly subscription plan at least one (1) business day prior to the renewal date. You will be billed each month until such time that you cancel your monthly subscription plan.
- b) Annual subscription plan. The subscription period for the annual subscription plan will be one year and will automatically renew each year on the anniversary of your annual subscription plan unless you cancel your annual subscription plan at least one (1) business day prior to the renewal date. You will be billed annually for the annual subscription plan each year until such time that you cancel your annual subscription plan.
You can switch between your subscription plans. In case you change your monthly subscription plan into annual subscription plan the change will apply as soon as you pay the fee applicable for the annual subscription plan. In case you change from annual to monthly subscription plan the change will apply after your current subscription plan ends.
You can also change the Services packages and the changes will apply (i) in case you limit your Services package after your current subscription plan ends; (ii) in case you broaden your Services package as soon as you pay the fee applicable to the broaden Services package.
If you are currently on our free 14-day trial, you may cancel or downgrade your account, at any time until fourteen (14) days after your account was created. (The day of creation constitutes the first day of the 14-day trial.)
The last day of the 14-day trial signifies the due date of the first payment unless you choose the free of charge Services package offered by timeION. If payment is not received by timeION on the due date or you do not choose the free of charge Services package, timeION might suspend your account.
timeION is the data controller of the data provided by the client during the registration. Personal data provided by the client are provided voluntarily and shall be processed by timeION for the purpose of provision of the Services, issue of invoices. Provision of personal data is always voluntary, but it is also necessary for proper provision of the Services. The data subject has the right to access his data and to correct them. The data subject has also the right to demand that any use of the data in breach of law ceases, as well as the right to withdraw his consent for personal data processing.
Additionally timeION might process personal data on your behalf (i.a. data of your employees and collaborators), however then you will remain the data controller of such data at all times and timeION will be a data processor. Any and all personal data in timeION possession shall be protected. The data shall be stored and processed on servers located in EU countries.
timeION liability is limited to the damage you actually suffered (excluded from redressing is any damage in the form of lost profits and similar consequential damages) and to the amount of the average remuneration paid in the settlement periods by you to timeION (this provision does not apply if you are assessed as a consumer according to applicable provisions of law).
You are solely responsible for properly cancelling your account. You can cancel your account at any time by sending an email to help (at) timeion.com expressely indicating request to canel your account (preferably with “delete account” subject).
Once timeION receives your request to cancel your account, timeION has up to 30 days to cancel your account. Closing your account stops payment and deactivates your account at the end of your billing cycle. Once your account is canceled all of your content will be deleted from the Services and will not be recoverable.
If you cancel the Services before the end of your Subscription period, your cancellation will take effect immediately and you will not be charged again.
timeION has the right to suspend or terminate your account and refuse any and all current or future use of the Services, in case you breach the ToS. 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.
In the case of failure to pay within the payment term we may suspend your account until you make the outstanding payment. In case of delay in payment exceeds 30 days we will deactivate your account. In case you are a consumer we will serve you an additional 7-day notice period for settling your outstanding payments. In case of your failure to settle the outstanding payments in the additional 7-day notice period we will deactivate your account.
14. Final Provisions
In case you have any complaints please send them to e-mail address: help (at) timeion.com. We will respond to your complaint within a maximum period of 14 (fourteen) days from the date of its receipt.
We may inform that you are our client and we are entitled to use your logo to do that.
The ToS are subject to Polish law. If any provisions of the ToS prove to be legally ineffective or invalid in whole or in part, this shall not affect the validity and effectiveness of the remaining provisions of the ToS.
Any disputes resulting from or connected with the Regulations or the Services shall be resolved by the Polish court with proper venue for the address of timeION (this provision does not apply if you are assessed as a consumer according to applicable provisions of law).