Terms and conditions
TIMESPEX TERMS AND CONDITIONS
You must read the Timespex Terms and Conditions of Use (the “Terms”) and other documents published on https://timespex.com before using the website https://timespex.com and before completing an Account and accessing Timespex (via the link https://timespex.com, the App Store and/or Google Play). If you accept the Terms and Conditions and other published documents, you may use the website https://timespex.com, Timespex or Timespex via the App Store and Google Play. If you do not accept it, you are not allowed to use it.
1. General provisions.
Timespex software (“Timespex”) is an intelligent product for scheduling, pricing, managing communication flows, and managing business within certain boundaries. Timespex is the ability to collect, organise, modify, store data and information for a specified purpose and to have access to such information 24/7. With Timespex, Users can make inter-bank credit card payments. When paying by bank credit card, the card details (name, surname, card number, expiry date) provided by Users will be authorised/identified and only upon successful validation of the credit card will the payment be allowed – automatically charging the User’s card for goods and/or services. Payments between Users with a credit card are made through a payment service provider (direct debit model) and JGM Company does not process (receive, see or store) the above data in its system. JGM Company is not responsible for the services and/or goods provided and/or sold by the Users (their quality) and will not refund any money for the same, and JGM Company is not responsible for the payments made between the Users (supplier and buyer) via Timespex.
All Timespex rights are owned by UAB “JGM Company”, legal entity code 302861146, registered office Vilnius St. [Vilniaus g.] 179a – 8, LT -76351, Siauliai [Šiauliai], Lithuania (hereinafter referred to as – JGM Company). Timespex is subject to intellectual property protection under national, European Union and international legislation. Timespex material and technology means all the elements of Timespex owned by JGM Company and the interaction between them, including the source and object code of the program, the program specifications and operating scheme, textual expressions, electronically stored information (files), the layout of graphical images, and the results of the operation in the form of printed material and audiovisual expressions, graphical user interfaces, file and graphical image structures, web interfaces, interactive features created, provided or otherwise made available by or through Timespex, including software, products, processes, algorithms, know-how, methods, designs, documents, training materials, templates and other tangible or intangible technical materials or information. JGM Company shall have the right to assign all of Timespex’s rights and obligations to third parties without notice.
2. Definitions. Timespex Marketing Network – the ability to receive online orders through Timespex Network Marketing Partners.Your Data means the information you provide in your Account, Order and/or using Timespex, which may be expressed in a variety of forms, including audio files, logo images, digital photographs and other graphic files, text, brand guidelines and other data (personal data, contact details, etc.), documents or materials. Pricing by Timespex users – Regardless of whether you are an individual or a legal entity, only one individual (one workstation) is entitled to free access to the Timespex basic package. Timespex User Pricing is a pricing plan and charges are based on the number of Users, i.e. for each User connected to the Account.
Documentation – the terms, conditions, rules, policies, agreements, instructions and help files relating to the use of Timespex, the website are available on the website www.timespex.com. JGM Company reserves the right to unilaterally change and/or update the information contained in these documents, and we recommend that you regularly monitor changes that may affect your decision to use Timespex. Order means your request, whether made online, in writing or in any other form, which indicates your desire to receive services and/or products from JGM Company. Services provided by JGM Company (Services) – JGM Company provides gratuitous and remunerated services. Gratuitous Services – JGM Company’s authorization to use the Timespex Basic Package, free of charge, for one individual through an Account. Also Timespex maintenance. Gratuitous services provided by JGM Company for a fee: for additional (newly introduced) Timespex features/controls that are not included in the basic package; for each connected/linked User (natural person); and for any other chargeable services defined by JGM Company. All rates, pricing are specified on the website https://timespex.com or in the contract. Privacy Policy – a policy covering the collection, use, storage and transfer of information, data obtained from you by JGM Company. The Privacy Policy can be found on the www.timespex.com website. Timespex Account (Account) – If you are 18 years of age or older, you are entitled to create an account and use Timespex. A Timespex Account is an account created by you personally, into which you enter your details, logos and/or other data that identifies you and/or identifies the Users connected to your account. You have the right to connect/associate Users (your employees, partners, etc.) to your account. There is no limit to the number of Users, but JGM Company reserves the right to limit the number of Users in the future. Timespex User(s) (Users) – natural persons connected to/associated with your Account, whether they are the Customer’s employees, partners, their employees, customers, etc.
3. Joining Timespex. Timespex is a mobile application that you download via the link provided on the website https://timespex.com/kontaktai/ or via the App Store and/or Google Play, and sign up for an Account with a social networking account or via email. The information provided in the account must be accurate, truthful and updated in a timely manner when necessary. The account must be password protected. You are solely responsible for the information contained in your Account and for the security of your Account password. You are responsible for the actions or inactions of Users who connect/link to the Account while using Timespex. 4. Use of Timespex. Lawful use of Timespex includes authorization by JGM Company, through the Account created by you, for one individual (one workstation), to temporarily access and use the Timespex basic package and to receive other remunerated services provided by JGM Company for an agreed period of time without charge. For additional (newly introduced) Timespex functions/controls that are not included in the basic package (free services), as well as for each connected/connected User (natural person) and for other services, the JGM Company shall be entitled to charge the respective fees. You are granted a limited, time-limited, revocable and non-exclusive right to use Timespex. A high-speed internet connection, a modern web browser, and a modern smartphone are required for the connectivity and network interoperability of the Timespex services. Use of Timespex is subject to your familiarity with these Terms and Conditions and other Documents. Use of Timespex is for personal or business purposes only and not for resale, distribution or copying. The following actions are prohibited: (1) to sell, resell, rent, lease, transfer, assign, distribute, share, or otherwise use or make available the Timespex Properties for commercial purposes to any third party, other than Users; (2) to collect, transmit, or process (a) infringing, defamatory, offensive, obscene, threatening, libelous, or otherwise unlawful or misleading material, including material that harms children or infringes the privacy rights of third parties; (b) to send, store, post, publish, transmit, upload or otherwise transfer any viruses, Trojan horses, corrupted files, or other computer programming outside of Timespex or interacting with Timespex, which is intended to damage, harm, intercept or surreptitiously intercept, or misappropriate any other person’s systems, data, personal information or property; (c) confidential health information; (d) unencrypted, personally identifiable financial information (such as credit card numbers, bank account numbers, or banking information); (e) password information of any third-party users (3) interfere with or disrupt the integrity or operation of Timespex; or (4) to attempt to gain unauthorized access to Timespex; or (5) to access Timespex to create a similar or competing offer; (6) to copy, translate, create a derivative work of, reverse engineer, assemble, disassemble, or decompile Timespex or any portion thereof, or otherwise attempt to discover any source code or modify Timespex; (7) to use Timespex to develop, produce, or otherwise infringe the rights of JGM Company by using Timespex in the creation, production, or use of a computer program substantially similar in expression to the Timespex; or (8) to reproduce Timespex in a manner substantially similar to Timespex; or (8) to reproduce Timespex directly or indirectly, permanently or temporarily, by any means and in any form, including electronic form, except where such acts are necessary for the intended use of Timespex (launching, downloading, etc.). Any production (creation) and reproduction of Timespex without the permission of JGM Company shall be considered illegal, except for the exceptions provided for in the contract or by law. The Timespex basic package is used free of charge by one natural person. You are responsible for ensuring that all Users comply with these Terms and Conditions, pay their fees, and maintain the confidentiality of their passwords and Usernames. JGM Company shall have the right (but not the obligation) in its sole discretion to remove or modify any content, data or information provided by the Customer and/or User that it deems unlawful and/or in violation of the use of Timespex. You agree to comply with all applicable laws, rules and regulations relating to the protection of personal data, the collection, use, storage, processing and disclosure of personally identifiable information, including but not limited to your and Users’ data, and the collection, use, storage, processing and disclosure of such data as such term is defined in the Laws and Privacy Policy. JGM Company shall not be responsible or liable for any failure by You or Users to comply with the law. If you do not agree to any provision of this section, you may not use Timespex or any other services offered by JGM Company. JGM Company has the right, without prior notice, to cancel, restrict access to Timespex, cancel your order, refuse to allow you to create an Account if the data you provide is misleading, incorrect, incomplete or similar. or the activity you have indicated raises reasonable suspicion, or you or the Users are in debt to JGM Company, or you or the Users are using Timespex for purposes other than its intended use, in violation of the law, or in any other case where there are grounds for believing that the rights and legitimate interests of the JGM Company, the Users, and/or third parties may be violated. 5. You agree and confirm. You agree that during the term of your Account, JGM Company shall be entitled, without your express consent, to make offers to you, the User, for marketing purposes, including but not limited to advertising, commercial or promotional offers. You acknowledge that you have the right to engage in the activities specified in the Account. You are responsible for the terms, conditions, warranties or representations of your use of Timespex. You agree to the terms and conditions and agree to be bound by them: (1) to inform individuals that you are a temporary user of Timespex; (2) to state that JGM Company and you are not affiliated and have no relationship with each other, other than your agreement to use Timespex; and (3) to inform individuals as to the purpose for which, and the personal domains that, you are collecting through Timespex, and that you must obtain the consent of such individuals when you collect such data; (4) to clearly inform persons that the commercial offers offered by you and/or the Users are in no way related to JGM Company; (5) to agree that JGM Company’s liability is limited to a maximum amount of 200 (two hundred) euros for any loss/damage to be indemnified by JGM Company, unless otherwise agreed in the contract concluded; (6) you agree that JGM Company shall not be liable for any direct or indirect damages; (7) you agree that JGM Company shall process your data for the performance of the contract, for the provision of the Services and/or for other legitimate purposes; (8) you undertake to make sure that by connecting/associating Users to the Account, Users are aware of these Terms and Conditions and other Documentation; (9) you undertake to install an anti-virus program in the device from which you connect to the Website or Timespex. 6. Your data. The data you provide will be processed lawfully, in accordance with the legal provisions governing the protection of personal data and the principle of confidentiality. The conditions, purposes and principles of data processing are set out in the JGM Company Privacy Policy, which is available on the website https://timespex.com. You can contact us at help@timespex.com for any questions regarding the processing of your data. You have the right to delete your Account. In this case, all data in Timespex (database) will be deleted permanently. JGM Company is not responsible: (1) for the deletion, correction, destruction, corruption, loss, or failure to preserve the database, data created by you and your Timespex if such deletion, correction, destruction, destruction, corruption, loss, or failure to preserve is initiated or caused by you, Users, and/or other third parties; (2) for the content, scope and volume of data, information collected by you and/or Users through Timespex; (3) for any malfunction, limitation and/or interruption of Timespex management, inconsistencies in the content of the database, etc. , (4) for your operational losses and/or economic and/or any penal sanctions if you, the Users, have violated the provisions of the Terms and Conditions, the Privacy Policy, the Agreement and/or the law; (5) for the security of the internal network used by You, the Users, the security of the data flows between You and/or the devices used by You and/or the Users, and the security of the data leakage from the devices used by You and/or the Users; (6) in the event that, for any reason whatsoever, You are unable to use http://timespex.com and/or Timespex and/or any part thereof at the relevant time. 7. Third party services. The Website may contain features designed to interact with third party applications or services that are not provided by JGM Company as part of the services you order (such as search engines, Twitter, Facebook, Linkedin, Pinterest, Instagram, credit card payment processors, marketing service providers, and online publishers) (“Third Party Services”). In order to use such features, you may use links to and obtain from the relevant service providers or maintain access to such Third Party Services. However, you are responsible for obtaining and maintaining such access in accordance with the terms of use of such Third Party Services. The availability of all or part of the Apps is subject to the availability of the relevant Third Party services and JGM Company is not responsible if changes in third party services make all or part of the Apps unavailable. In addition, if the provider of any such Third Party service makes the third party service unavailable for interaction with Timespex, JGM Company may discontinue the functionality of such services without entitling you to any compensation for any loss/damage. JGM Company does not warrant the provision or quality of Third Party services, whether such services are recommended to you by JGM Company, or whether they are designated by JGM Company as “certified”, “approved”, “recommended” or otherwise. You acknowledge and agree that JGM Company 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 the use of or reliance on any content, goods or services available on or through any Third Party website or resource. If you have engaged a Third Party service provider to develop application modifications or derivative works pursuant to a separate agreement between you and such Third Party service provider, you must use such modifications or derivative works only in accordance with these Terms and only during the term of your Account. 8.Timespex terms of use, termination. JGM Company grants you the right to use the Timespex basic package free of charge for a temporary period of one year from the creation of your Account. At the end of the term, if you are satisfied with the terms and conditions set forth by JGM Company, your right to use Timespex may be renewed. There is no limit to the number of such extensions. You may, at any time, delete your Account, in which case your use of Timespex will terminate permanently. JGM Company reserves the right to unilaterally terminate your use of Timespex if it has reasonable grounds to suspect that your continued use of Timespex may cause loss (damage) to JGM Company, third parties, and/or otherwise violate the rights or legitimate interests of JGM Company, Users and/or third parties. 9. Warranties. JGM Company makes no warranties as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the use of Timespex, the features of Timespex, the materials or any technology. JGM Company does not warrant that: (a) the use of Timespex will be uninterrupted, error-free, or will work in conjunction with any other hardware, software, system or data; or (b) the features of Timespex will meet the needs, requirements, or expectations of You, Your Users, or Your customers. 10. Information. JGM Company will provide all notices, statements, advertisements, offers, billing for the Services and other documents to you at the email address you have provided in your Account. Such notice will be deemed given to you twenty-four (24) hours after it is sent from JGM Company’s email. You agree to accept all documents and information sent by email from JGM Company and acknowledge that such method of sending and timing of service is appropriate and acceptable to you. You undertake to provide correct and accurate details in the Account, to update the information as and when required and/or to inform JGM Company of any changes to the details, including changes to your e-mail address. You may at any time submit a notice, claim, complaint or enquiry to JGM Company by post to Vilnius St. [Vilniaus g.] 179A-8, Siauliai [Šiauliai], LT-76351 or by email to help@timespex.com. 11. Applicable law and jurisdiction. Disputes arising out of and/or relating to these Terms and Conditions, the use of Timespex and/or the https://timespex.com website shall be governed by the laws of the Republic of Lithuania. All disputes shall be settled by negotiation. In the event of failure to resolve a dispute amicably, the dispute may be referred to (1) if you are a consumer, as defined by law, out of court, to the State Consumer Rights Protection Service of the Republic of Lithuania https://www.vvtat.lt , or (2) to a court of the Republic of Lithuania of its own jurisdiction, provided that such jurisdiction is not inconsistent with the international and/or European Union law.