Terms of service
Thanks very much for choosing Timetastic! We hope it makes your life a little bit easier. There are well over a hundred and fifty thousand people using Timetastic, so the only sensible way to manage the legal side of things is with standardised terms of service, and that’s what we have here:
Definitions
When we say “we”, “us” or “our” in these Terms of Service, we mean Timetastic Limited (Company No 09236149) of Kings Court, Water Lane, Wilmslow, SK9 5AR, which is part of the Citation Group of companies.
When we use the words “you”, “your”, "client", "user" we’re referring to the organisations and people who use our service, Timetastic.
We refer to “Timetastic” as our products and services owned by or licenced to us, and that includes any products or services created and maintained by us, whether that’s available through your web browser, a desktop or mobile application.
When you sign up and use Timetastic you are agreeing to the latest version of our Terms of Service published here, which also includes the Acceptable Use Policy, our Privacy Policy and Data Processing Agreement (which together are, the “Contract”).
We may update these Terms of Service (and any other documents forming part of the Contract) from time to time. You can follow any changes and track updates on our legals changelog .
Provision of services
- We will use reasonable care and skill to provide Timetastic.
- However, we don’t make any guarantees that Timetastic will be error-free or without interruption. And we reserve the right to alter or suspend Timetastic without notice.
- Keeping Timetastic up to date requires regular software updates. We reserve the right to alter, modify, suspend, change or remove any aspect of Timetastic with or without notifying you.
- We have the right to terminate provision of Timetastic, without prior notice.
- Keeping you informed is important and we will use reasonable endeavours to provide notice whenever possible. You can follow all updates on our changelog .
Plan term, charges and payments
- We offer a free trial so that you can see if Timetastic works for you. We explain the length of that trial when you sign up. If, at the end of the free trial you want to keep using Timetastic then you’ll need to input a debit/ credit card.
- If you have input your debit/ credit card details, we charge your card on the day your free trial ends and monthly thereafter.
- Your first payment (and for each month thereafter) will be at the price advertised on the website at the time you signed up. We reserve the right to change fees from time to time.
- You hereby consent for our third party payment processor (currently, Stripe) to hold your credit card, pre-authorised debit, or any other payment information that you provide at the point of purchase, such as your credit card number and its expiry date (“Payment Information”). You hereby authorise us to continue charging your Payment Information monthly in accordance with these terms. If you opt in, we will also save your Payment Information to make your checkout easier for future purchases. You can remove your consent for us to retain your Payment Information at any time by emailing us at accounts@timetastic.co.uk.
- If you cancel, access to Timetastic will terminate immediately (unless otherwise agreed by us). No refunds are available.
- If, after repeated attempts, your monthly payment fails to clear, then your access to Timetastic will be suspended and will re-commence once a debit or credit card payment is successfully completed.
Use of Timetastic
- Timetastic is a service for businesses, charities, and public bodies - you can use Timetastic only in accordance with these terms, and any relevant law and regulation in your jurisdiction.
- You may not reproduce, copy, duplicate, trade or resell Timetastic.
- Your right to use Timetastic is non-exclusive, non-transferrable and fully revocable at our discretion.
- You must ensure that your use of Timetastic and Your Data comply at all times with our Acceptable Use Policy.
Intellectual property
- All intellectual property rights related to Timetastic, including but not limited to any trademarks, service marks, trade names, goodwill, patents, copyrights, data, software, materials, together with all derivatives, ideas, concepts, inventions, processes, methodologies, know-how, testing results, designs, page layouts, workflows and all industrial and other intellectual property rights relating to the foregoing belong to us or are licensed to us by the relevant third-party rights owner. You will not own nor obtain any of the intellectual property rights in Timetastic nor any other of our intellectual property rights.
- Subject to payment of all charges, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to permit your users to access and use Timetastic solely for your internal, non-commercial business operations during the relevant term of the Contract. If the Contract expires or is terminated, the above licence will automatically terminate.
- You may not reproduce, copy, distribute, store or in any other fashion re-use material from Timetastic unless you’re given express written permission from us.
Privacy, data protection and confidentiality
- You retain all right, title and interest to and in any of your data that is provided to us by you (“Your Data”). You grant us a worldwide, non-exclusive, royalty-free right to (a) collect, use, copy, save, transmit, change and create derivative works of Your Data, but in every case only to the extent necessary for the conception, use, development, improvement, deployment and maintenance of Timetastic.
- Where we collect and processes Personal Data as a data controller, that collection and processing is in accordance with our Privacy Policy .
- Where we are processing personal data on your behalf, we are the data processor and you, the client, are the data controller. In this situation we both will comply with our respective obligations under any applicable data protection law and the terms of the Data Processing Agreement .
- Each party agrees to keep confidential any non-public information disclosed by the other party in connection with these Terms and Service ("Confidential Information") and shall not disclose such information to any third party without the other party's prior written consent. This does not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party prior to disclosure, or is required to be disclosed by law or court order. Each party shall use Confidential Information solely for the purposes of performing its obligations under these Terms and Service.
Disclaimer of warranties
- We make no guarantee that Timetastic will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
- No part of Timetastic is intended to be construed as legal or other advice and you should not rely solely on the content of Timetastic when making any decisions. We give no guarantee or warranty that Timetastic or any part of it will ensure that you comply or are able to comply with your duties, obligations and responsibilities under the law relevant to the, or any, legal jurisdiction applicable to you.
- We use reasonable endeavours to make sure all information provided on, in, or about Timetastic is accurate and up to date, however we make no guarantee that this will always be the case. We make no guarantee of any specific results from your use of Timetastic.
- Whilst every effort has been made to ensure that all descriptions of Timetastic correspond to the actual services available, we can’t be held responsible for any variations from these descriptions.
Uptime and availability
- Timetastic is provided “as is” and on an “as available” basis. We give no warranty that Timetastic will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- You use Timetastic at your own risk.
- We accept no liability for any disruption or non-availability of Timetastic resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, acts of God or legal restrictions and censorship.
Limitation of liability
- Nothing in these terms excludes or restricts our liability for death or personal injury caused by negligence, liability for fraud or fraudulent misrepresentation or any other liability that cannot legally be limited.
- Subject to paragraph 1 of this section, we accept no liability for any indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of Timetastic, or any information contained in Timetastic.
- Subject to paragraph 1 and 2 of this section, our total aggregate liability to you for all claims arising from or related to the Contract shall be limited to the value of one month of your subscription at the relevant time. You should be aware that you use Timetastic entirely at your own risk.
- You agree to indemnify us and hold us harmless against any losses, damages, judgments, fines, and costs, including legal fees and expenses in connection with your use of Timetastic and any breaches of privacy law that cause us damages.
Cancellation and termination
- You can cancel your Timetastic account instantly at any time. We provide a cancellation function in Timetastic, the process is instant and fully automated.
- You are solely responsible for cancelling your account using this function, we don’t accept email or written requests to cancel Timetastic. If you need help cancelling please reach out to our support team .
- We strongly advise you to take a backup prior to cancelling. When you cancel, all access to your account will end immediately and all your data will be deleted from our live servers. Over the next 10 to 14 days your account and its content will be deleted from all backups. After this it’s not possible to recover any of your data.
- We don’t offer any pro-rata refunds against part months of use.
- When you cancel monthly payments will stop immediately, you will not be charged anymore.
- We reserve the right to suspend or delete your Timetastic account at any time if you breach these Terms of Service, we are required to by law, or if for any reason we are no longer able to provide Timetastic. Suspension means your account will be unavailable until you have resolved the situation to our mutual satisfaction.
- If we delete your account for any reason, you won’t be entitled to any refund.
Free trials and beta services
We may offer certain free trial and/or beta services at no cost. These may be subject to additional terms and are: (i) designed to allow limited access to Timetastic for the purpose of assessing suitability; (ii) for evaluation and trial purposes only; (iii) considered separate to and shall not form part of Timetastic; and (iv) provided "as-is" without any warranty of any kind.
To the extent permitted by applicable law, we shall have no liability for any harm, damage or loss arising out of or in connection with the provision and/or receipt of the free trial services or beta services and/or any outputs from the same. We may withdraw, suspend or terminate your access to any free trial or beta services at any time for any reason and without liability to you.
All intellectual property rights relating to any free trial and/or beta services belong to us or are licensed to us by the relevant third-party rights owner. You will not own any of the intellectual property rights in any of the free trial and/or beta services.
You must not without our prior express consent (i) do or authorise any third party to do anything which would or might invalidate or be inconsistent with any of our intellectual property rights; (ii) copy or download the free trial and/or beta services or any part of any of them; (iii) modify, adapt, develop, create any derivative work, reverse engineer, decompile, disassemble or carry out any act otherwise restricted by copyright or other intellectual property rights in the free trial and/or beta services.
Assignment
You may not assign, transfer, sub-contract, or in any other manner transfer the benefit and/or burden of this agreement to any third party without our prior written consent.
Publicity rights
We may identify you as a customer in our promotional documents and on our website; in this regard, you allow us in particular to post your business name or one of your trade-marks identifying you (including a graphic mark), at our discretion.
Severance
In the event that any of these terms are found to be invalid, that term is to be deemed severed, but does not affect the validity and enforceability of the remaining terms.
Entire agreement
These terms set out the entire agreement and understanding between the parties to this agreement and supersede all prior oral or written agreements or understandings. Neither party is be entitled to rely on any agreement, understanding or arrangement that is not expressly set out in these terms, save for any representation made fraudulently.
Governing law and jurisdiction
These terms are governed by the laws of England and Wales. The courts of England have exclusive jurisdiction for the settlement of any dispute.
Contact
If you have any questions about these Terms of Service, please contact our support team .