Terms of Use

Last updated: 8 July 2022

Welcome to timetonic.com, a website and online service owned and operated by O'Mailey SAS (“O'Mailey”, “TimeTonic” or “we”). This page explains the terms under which you may use our service. By accessing or using the TimeTonic services, website, applications and software provided by or in connection with the Service, including through a mobile device (the “Service”), you acknowledge that you have read and understood these Terms and agree to be contractually bound by these Terms of Use (“Terms” or “Terms of Use”), whether or not you are a registered user of our service. All users of the Service (whether using the free or paid part of the service) must accept these Terms.

We reserve the right to modify these Terms at any time and without notice. If we make changes, we will post the changes on this page and indicate at the top of the page the date on which the agreement was last revised. Your use of the Service after such changes constitutes your acceptance of the new Terms of Use. If you do not accept any part of these terms or the Terms of Use, you must stop accessing and using the Service. This agreement applies to all visitors, users and others who access the Service (“Users” or “User”).

Feedback

You may choose, or we may invite you, to report errors, submit comments, suggestions or ideas about the Service, including feedback on how to improve the Service or our products (“Feedback” or “feedback”), for example in the Contact section. By submitting your comments to us, you agree that your Feedback is free, spontaneous and unrestricted and does not subject TimeTonic to any obligation to compensate you in any way, that we are free to disclose the Feedback on a non-confidential basis to anyone or use the Feedback without any additional compensation to you. By submitting Feedback, you assign to us all rights, title and interest in your Feedback worldwide, as well as all related intellectual property rights.

Our proprietary rights

Except for your User Content, the Service and its content, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video and music files (“TimeTonic Content”), and all intellectual property rights relating thereto, are the exclusive property of TimeTonic and its licensors. Nothing in these Terms – except as explicitly provided – shall be construed as creating a transfer of copyright or a licence right, and you agree not to sell, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt or create derivative works from any content or information accessible on the Service. Use of TimeTonic or its content for purposes not expressly provided for in these Terms is strictly prohibited.

Use of our service

TimeTonic provides you with a means to record, view and share ideas, figures, charts, photos, documents, information, knowledge and all kinds of personal and professional data. You may decide to share this information; TimeTonic is therefore also a Service for communicating with others at work, at school or in a community in real time.

TimeTonic grants you permission to use the Service as set forth in these Terms, provided that: (i) you do not copy, distribute or disclose any part of the Service in any medium, (ii) you do not alter or modify any part of the Service except when using the Service for its intended purpose, and (iii) you comply with the terms and conditions of these Terms.

You must register with TimeTonic and create a “user” account. Your account gives you access to the services and features that we may establish and maintain from time to time and at our sole discretion.

You may never use another user's account without authorisation. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your password secure. You must notify TimeTonic immediately of any security breach or unauthorised use of your account. Although TimeTonic cannot be held responsible for losses you may incur as a result of unauthorised use of your account, you are responsible for losses incurred by TimeTonic or third parties resulting from such unauthorised use.

You may use your Account Settings to control your User Profile. By providing TimeTonic with your email address, you authorise us to use the email address to send you service-related notifications, including notices required by law, instead of communication by postal mail. We may also use your email address to send you other messages, including to notify you of changes to Service features and special offers.

You agree not to use or launch any automated system, including, without limitation, “robots”, “spiders”, “offline readers” and similar systems, that accesses the Service by sending more requests to the TimeTonic servers than a human can reasonably produce in the same period using a conventional online web browser. You agree not to collect or retrieve personally identifiable information from the Service, including account names, or use the communication systems provided by the Service for commercial solicitation purposes. You agree not to use any part of the Service as a link in unsolicited messages or unsolicited commercial messages. You agree not to include malware, viruses, Trojan horses or any other code or scripts in the Service that may damage the Service, other users of the Service or give anyone access to the source code or content of the Service.

TimeTonic may temporarily or permanently terminate, suspend or refuse your access to the Service without notice and without liability if, in TimeTonic's sole discretion, you fail to comply with the Terms of Use, including the following prohibited actions: (i) attempting to interfere with, compromise the integrity or security of, or decipher transmissions to or from the servers running the Service; (ii) taking any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms or other software agents through the Service; (iv) impersonating another person or falsely stating your affiliation with a person or entity, committing fraud, concealing or attempting to conceal your identity; (v) interfering with the proper working of the Service; or (vi) circumventing measures that we may use to prevent or restrict access to the Service. In the event of termination for any reason, you will continue to be bound by these Terms.

TimeTonic reserves the right to offer alternative and/or additional services to certain Users that may not be offered to other Users. You acknowledge that TimeTonic may charge fees for the use of any Services, provided that TimeTonic informs you of these fees before charging begins. Subject to the foregoing, you agree to pay all fees incurred by you. If you have chosen to receive additional services for a fee and fail to pay those fees within thirty (30) days, in addition to all other remedies available to TimeTonic, TimeTonic may immediately cease providing access to all such additional services. If you commit by signing a quotation or paying fees for a certain period, the commitment is automatically renewed for the following period of the same duration, unless expressly terminated in writing one month before the end of the period, and the fees corresponding to the new period are automatically due. If you become aware that a User is not authorised to be a User or violates these Terms, we invite you to inform us via our contact page. You agree not to accuse a User of being an unauthorised User or a User violating these Terms of Use unless you have actual knowledge of this.

User content

Certain areas of the Service may allow Users to post content, including text, numbers, tasks, dates, meeting notes, contact details, task lists, images, photographs, documents, audio messages, video messages, ideas, comments, questions, knowledge and other information and data available or not in your notebooks or in notebooks belonging to other Users (“User Content” or “User Contents”). You are solely responsible for the User Content that you upload, post, display, link to or otherwise make available within the Service, and you agree that we act only as a host for your User Content, without controlling its legality or accuracy. TimeTonic will not review, share, distribute or reference your User Content except as provided in these Terms, under our privacy policy or as may be required by law.

Some Users may be companies or organisations with which you have contractual obligations. By posting User Content in these Users' notebooks, you agree that the corresponding User Content automatically becomes the property of that company or organisation, without notice being required.

You may authorise other users to link to all or part of your User Content. By using this feature, you agree that your User Content may be accessed by Users with whom you have shared your Content until you revoke those permissions or terminate your account.

In both cases, TimeTonic does not own or claim any ownership rights in User Content, except where you submit suggestions for improvements, comments, ideas or reports of errors concerning TimeTonic. In addition, if a User who gave you permission to post, publish or add your User Content to one or more of their notebooks decides to revoke that permission, your access to any User Content that you uploaded to that User's notebook(s) may be terminated.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or emotional injury, distress, death, disability, disfigurement or physical or mental illness to you, any other person or any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or offence; (iv) contains any information or content that is unlawful, harmful, abusive, racist or ethnically offensive, defamatory, invasive of privacy or image rights, harassing or humiliating to other people (publicly or otherwise), threatening or otherwise objectionable; (v) contains any unlawful information or content; (vi) contains any information or content that you do not have the right to make available under law or contractual or fiduciary relationships; (vii) contains any information or content that you know is not correct and up to date. You agree that any User Content you post must not violate the rights of third parties of any kind, including, without limitation, intellectual property rights (as defined below), image rights and privacy rights. You understand that posting your User Content on the Service is not a substitute for registration with the INPI or any other body intended to file or reserve copyright or property rights.

For the purposes of these Terms, “intellectual property rights” means all rights in patents, copyrights, rights in works, moral rights, image rights, rights relating to product or service marks, trade secrets and other proprietary rights that may exist now or later, and all applications, registrations, renewals and extensions relating to those rights, under the laws of any state, country, territory or other jurisdiction.

TimeTonic assumes no responsibility for User Content that you or other users or third parties post or send to the Service. You understand and agree that any loss or damage of any kind that occurs as a result of User Content that you submit, upload, stream, display, transmit or make available or accessible through use of the Service is your sole responsibility. TimeTonic is not responsible for any public exposure or misappropriation of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive or indecent, and you agree that TimeTonic will not be responsible for any damages you claim to suffer as a result of such User Content.

You are solely responsible for your interactions with other TimeTonic users. We reserve the right, but have no obligation, to mediate disputes between you and other users.

Additional services

Users may also choose to purchase additional TimeTonic services described in more detail on the Pricing page. If you purchase these additional services, as long as you continue to pay the associated fees, TimeTonic will provide these services. However, you are informed that TimeTonic reserves the right at any time to modify or change all or part of the services (including both the free service and premium services). These changes and modifications may include, without limitation, the addition or removal of features, products, services or software, or changes to instructions.

Mobile use

General

Users may choose to send or receive alerts about new TimeTonic content by SMS (Short Message Service) through supported mobile phone operators via TimeTonic SMS. You may obtain assistance with content notifications by contacting TimeTonic customer service at support @timetonic.com or by clicking the Contact section. TimeTonic may charge fees for users' receipt of SMS messages. See the Offers and Pricing section. Standard SMS sending fees and other charges from your operator also apply.

Subscription/Unsubscription

You may subscribe to SMS notifications on the timetonic.com website. When you subscribe to receive SMS alerts, you warrant that you are the owner of the telephone and the holder of the plan linked to the telephone number you provided to us to receive mobile alert messages. You also warrant that you are authorised to incur any charges that may result from receiving SMS notification messages.

You may stop receiving SMS notifications by deleting your telephone number from your profile.

SMS content and delivery

TimeTonic transmits the information you requested in the form of text messages through our partners. TimeTonic is not responsible for the content of messages sent to your mobile device, as it is not the author of that content. TimeTonic assumes no responsibility whatsoever for the accuracy of the information or the reliability of the content of received SMS messages.

TimeTonic does not guarantee that the text messaging service will be uninterrupted or error-free. We will not be liable for any delay in performing or failure to perform our obligations due to circumstances beyond our control, including, without limitation, technical problems beyond TimeTonic's control, such as defects, congestion or capacity failures, or problems relating to public data transmission services or the telephone or mobile operator network, or caused by atmospheric disturbances, or where your mobile device is switched off for a long period and the messages are therefore not retained, or due to your inability to obtain mobile network coverage.

Licence grant

Subject to the terms of these Terms of Use, you are granted a limited, non-exclusive, personal licence to use the Service. TimeTonic reserves all rights not expressly granted in the Service and in the TimeTonic Content (as defined above). Unless otherwise agreed by TimeTonic with a company, TimeTonic may terminate a licence at any time for any reason or no reason.

Eligibility

This service is intended only for users who are fifteen (15) years of age or older, and any registration, use or access to the Service by a person under 15 is not authorised, does not grant any licence and constitutes a breach of these Terms. TimeTonic may terminate your account, delete any content or information you have posted on the Service, and/or prohibit you from using or accessing the Service or any part, aspect or feature of the Service for any reason, at any time and in its sole discretion, with or without notice, including, without limitation, if TimeTonic believes that you are under 15. If you are under 18, you may use the service only if you are an emancipated minor or have the legal consent of your parents or a guardian and have the capacity to accept the terms, conditions, obligations, affirmations, commitments and warranties set out in these Terms, and to comply with them.

Privacy

We care about the confidentiality of your data and your privacy. By using the Service, you agree to our Privacy Policy and agree that your personal data may be transferred to and processed in France.

The information collected is subject to processing as described in the TimeTonic Privacy Policy. In accordance with Regulation (EU) 2016/679 (GDPR) and the amended French Data Protection Act of 6 January 1978, you have the rights of access, rectification, erasure, restriction, portability and objection regarding data concerning you, which you may exercise by emailing dpo@timetonic.com. You may also lodge a complaint with the CNIL.

Security

We have implemented technical and organisational measures designed to protect personal information and User Content against accidental loss and against access, use, modification or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to circumvent these measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

Additional representations and warranties

You will be solely responsible for your own User Content and the consequences of posting or sending it. You affirm, represent and warrant, in addition to the other representations and warranties in these Terms, as follows:

You are at least 18 years old, or if you are under 18, you are either an emancipated minor or have the consent of your parents or legal guardian, and you have the capacity to accept the terms, conditions, obligations, affirmations, representations, commitments and warranties set forth in these Terms and to comply with these Terms of Use. Your User Content and its use by TimeTonic do not infringe the rights of any third party, including, without limitation, intellectual property rights, privacy rights and image rights. You have the power and authority to accept these Terms, whether on your own behalf or on behalf of the entity you represent, and you undertake that these Terms and the performance of the obligations arising from them do not conflict with or violate any other agreement entered into by the entity you represent. You acknowledge that these Terms constitute a legal, valid and enforceable obligation upon you or the entity you represent.

Third-party websites, advertisers or services

TimeTonic may contain links to third-party websites, advertisers or services that are not owned or controlled by TimeTonic.

TimeTonic has no control over the destinations of these links and assumes no responsibility for the content, privacy policies or practices of third-party websites or services. If you access a third-party website from TimeTonic, you do so at your own risk, and you understand that these Terms and the TimeTonic Privacy Policy do not apply to your use of those websites. You expressly release TimeTonic from any liability arising from your use of any third-party website or services or any content owned by third parties. In addition, your interactions with or participation in promotions from advertisers found on TimeTonic, including payment and delivery of goods and all other terms (such as warranties), are solely between you and those advertisers. You agree that TimeTonic will not be responsible for any loss or damage of any kind relating to your dealings with such advertisers.

We encourage you to pay attention when you leave the Service and to read the terms, conditions and privacy policy of any third-party website or service you visit.

Indemnification

You agree to defend, indemnify and hold harmless TimeTonic and its subsidiaries, agents, managers, employees, contractors, officers and directors from and against any claims, damages, obligations, losses, liabilities, costs or debts and expenses (including, without limitation, attorneys' fees) arising from: (i) your use of and access to the Service, including data transmitted or received by you; (ii) your breach of these Terms, including, without limitation, your breach of any of the above representations and warranties; (iii) your violation of any third-party right, including, without limitation, privacy rights, image rights or intellectual property rights; (iv) your violation of any law, rule or regulation of France or any other country; (v) any claim for compensation arising as a result of any of your User Content or anything submitted through your account; or (vi) any other access to or use of the Service with your unique username, password or other security code.

No warranty

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TIMETONIC, ITS SUBSIDIARIES AND ITS SUPPLIERS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE AVAILABLE AT ANY TIME OR LOCATION, THAT IT WILL BE UNINTERRUPTED OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT.

TIMETONIC DOES NOT WARRANT, AND ASSUMES NO RESPONSIBILITY FOR, ANY PRODUCT OR SERVICE ADVERTISED BY TIMETONIC OR OFFERED BY A THIRD PARTY USING THE SERVICE OR ANY TIMETONIC WEBSITE LINKED TO THE SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TIMETONIC WILL NOT BE RESPONSIBLE IN ANY WAY FOR ARBITRATING TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TIMETONIC, ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE. IN NO EVENT SHALL TIMETONIC BE LIABLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORISED ACCESS TO OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIMETONIC ASSUMES NO LIABILITY FOR (I) ERRORS OR INACCURACIES IN THE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR SIMILAR ELEMENTS THAT MAY BE TRANSMITTED TO OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TIMETONIC, ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY CLAIMS, PROCEEDINGS, DAMAGES, LOSSES OR COSTS EXCEEDING THE AMOUNT YOU PAID TO TIMETONIC DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT OR QUASI-TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF TIMETONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY APPLIES TO THE EXTENT PROVIDED BY LAW IN THE APPLICABLE JURISDICTION.

Certain Business Terms may provide slightly different rights to the contracting parties, but those Business Terms do not change the rules applicable to Users covered by the foregoing.

The Service is controlled and operated from facilities in France. TimeTonic does not warrant that the Service is appropriate or available for use in other countries or locations. Those who access or use the Service in other jurisdictions do so voluntarily and are entirely responsible for compliance with local law, including, without limitation, export and import regulations. Unless expressly stated otherwise, all materials found on the Service are intended solely for individuals, companies or other entities located in France.

Assignment

This Agreement, and the rights and licences granted, may not be transferred or assigned by you, but may be assigned by TimeTonic without restriction.

General

• Governing law. You agree that the Service is deemed to be provided from France. This agreement is governed by French law, excluding its conflict-of-law rules. Any claim or dispute between you and TimeTonic relating to all or part of the Service shall be subject to the exclusive jurisdiction of the courts of Versailles (France).
• Notice procedures. TimeTonic may provide you with notices, whether required by law or for commercial or other related purposes, by email, SMS or by posting a prominent notice on our website, using the means determined by TimeTonic. At its sole discretion, TimeTonic reserves the right to determine the form and means of providing notices to its users, provided that you may opt out of certain notices as described in these Terms.
• Entire agreement / Severability. These Terms, together with any other legal notices and agreements published by TimeTonic through the Service, constitute the entire agreement between you and TimeTonic concerning the Service (although a legal entity may also have agreed to be bound by the clauses of the Business Terms). If any provision of this agreement is found invalid by a court of competent jurisdiction, the invalidity of that provision will not affect the validity of the other provisions of these Terms, which will remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision, and TimeTonic's failure to assert any right or provision under these Terms shall not constitute a waiver of that right or provision.

Please feel free to contact us at contact@timetonic.com if you have any questions about these Terms.