Terms of Service
Last updated: December 07, 2017
These Terms of Service ("Terms", "Terms of Service") govern your relationship with the timingapp.com website and the Timing application (the "Service") operated by Timing ("us", "we", or "our").
Please read these Terms of Service carefully before using our website and the Timing application (the "Service"). It provides a license to use the Timing software and contains warranty information and liability disclaimers.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
If you download a free trial of the Timing software, this agreement will also govern that trial. By installing and/or using the Timing software, you are confirming your acceptance of these Terms and agreeing to become bound by the terms of this agreement.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this agreement, do not install or use the Software, and you must not accept this agreement.
This agreement shall apply only to the Software supplied by Timing herewith regardless of whether other software is referred to or described herein. The terms also apply to any Timing updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Licenses to the Timing software are perpetual (unless terminated by us or due to breach of this agreement) and include 12 (twelve) months of free updates. After this update period has expired, you are no longer entitled to free updates to the Timing software. If you wish to receive updates after this period, you will need to purchase a special update license which is only valid in conjunction with a regular license.
In the event that we later introduce any value-add services to the application, including, but not limited to, a synchronization ("sync") service, these may require an extra fee (possibly even a subscription fee) and/or may only be included with the license for the duration of the license's update period.
In case we provide you with a special discount code for your purchase (e.g. to offer you an academic discount), you are only allowed to use this discount code once and within 14 days of receiving this discount code. Afterwards, you are no longer allowed to use the discount code and we reserve the right to cancel and disable license purchases made with that code. We reserve the right to terminate discounts at any time.
"Crossgrades" from one tier of the application (Productivity, Professional, or Expert) to a different one are available at our sole discretion and may require an additional crossgrade fee. In particular, we decide on a case-by-case basis whether you are able to upgrade your license simply by paying the difference in license fees. Contact us for details.
Timing hereby grants you a personal, non-transferable, non-exclusive licence to use the Timing software on your devices in accordance with the terms of this agreement. If your free trial ends and you do not purchase Timing, your license to use the software terminates.
You are permitted to load the Timing software onto up to 2, 3 or 5 devices (depending on whether you purchased a license for Timing Productivity, Professional, or Expert) under your control. You are responsible for ensuring your device meets the minimum requirements of the Timing software.
The software may be used either:
- By one individual for commercial and/or personal purposes as well as up to four family members for personal purposes only. If another family member wishes to use the software for commercial purposes, they need to purchase another license. In total, the software may be used on at most the number of devices specified above.
- By any number of individuals for commercial and/or personal purposes on exactly one device. This overrides the limitation of the number of devices stated above.
Timing may offer special "academic", "educational/student" or "non-profit" licenses. These licenses may not be used for any commercial purposes.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- Use the Software for any purpose that Timing considers is a breach of this agreement
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Timing may, at its sole discretion, offer a free trial to the Service for a limited period of time ("Free Trial"). This trial is for informational purposes only and does not entitle you to any continuation of the service after the trial. If you do not purchase a license to the Timing software after the trial, your license to use the software terminates.
At any time and without notice, Timing reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Timing, in its sole discretion and at any time, may modify the purchase fees for the product. Any fee change will become effective the next time you purchase an update to the application.
Certain refund requests may be considered by Timing on a case-by-case basis and granted in sole discretion of Timing.
The Service and its original content, features and functionality are and will remain the exclusive property of Timing and its licensors. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Timing.
Timing reserves the right to grant licences to use the Software to third parties.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Timing.
Timing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Timing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and/or your license immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall Timing, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Timing its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Bavaria, Germany, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.