These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with the Timist application (the “Service”), operated by the business detailed in the Imprint (“we”, “us” and “our”). Please read these Terms and Conditions carefully before using our Timist application. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use the Service.
BY SIGNING UP AND CONTINUING TO USE THE SERVICE, YOU AGREE TO THESE TERMS AND ALL REVISIONS. If you disagree with any part of the terms, you may not access the Service.
We reserve the right to modify or discontinue the Service or any portion thereof at any time and without notice. You agree that we shall not be liable to you or any third party for any modifications, suspensions, or discontinuations of the Service.
By creating an account, you agree to receive newsletters, marketing, and other communications. You can unsubscribe at any time by following the provided link or emailing hello[at]startpunkt.io.
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: (1) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (2) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for 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 unauthorized or illegal transaction is suspected.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal by contacting our customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we may issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
We may, at our sole discretion, offer a Subscription with a free trial for a limited amount of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. You will not be charged until the Free Trial has expired. On the last day of the Free Trial, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, we reserve the right to (1) modify the terms and conditions of the Free Trial offer, or (2) cancel such Free Trial offer.
At our sole discretion and at any time, we may change prices for purchases and Subscriptions. Any Subscription fee change will become effective at the end of the then-current billing cycle.
We will provide you with a reasonable prior notice for any change in Subscription fees to give you an opportunity to terminate your Subscription before such change comes into effect. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds may be granted at our sole discretion and on a case-by-case basis.
You are responsible for any content you post, ensuring it is lawful and compliant with our terms. We reserve the right to remove content violating these terms.
You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use the Service:
Additionally, you agree not to:
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
The Service and its original content, features and functionality are and will remain exclusive property of Us and our 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 our prior written consent.
We grant you a personal, non-transferable and non-exclusive right and license to access and use the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
Our Service may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
You further acknowledge and agree that we 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 bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Us and our licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (1) your use and access of the Service, by you or any person using your account and password; (2) a breach of these Terms, or (3) Content posted on the Service.
In no event shall We, nor our 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 (1) your access to or use of or inability to access or use the Service; (2) any conduct or content of any third party on the Service; (3) any content obtained from the Service; and (4) 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 expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We and our subsidiaries, affiliates, and our licensors do not warrant that (1) the Service will function uninterrupted, secure or available at any particular time or location; (2) any errors or defects will be corrected; (3) the Service is free of viruses or other harmful components; or (4) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of the Federal Republic of 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.
For questions about these Terms, please contact us.
The European Commission provides a platform for resolving disputes, accessible at https://www.ec.europa.eu/consumers/odr. Our email address is provided in the Imprint. Participation in the dispute resolution procedure is neither required nor guaranteed.
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.
The Terms and Conditions were first published on November 20th, 2024.