Terms of Service
1. Acceptance of Terms
Thank you for choosing Tiempo Labs, Inc.'s (referred to as "Tiempo Labs", “Tiempo”, "we", "our", or "us") work tracking service, including the website, software, or mobile applications (together, the "Service"). Review these Terms of Service (the "Agreement") thoroughly. This Agreement is a legal agreement between you and Tiempo Labs, Inc. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Service, you agree to these terms. This Agreement remains in effect while you use the Service. This Agreement will also be applicable to your use of the Service on a trial basis. If you do not agree to this Agreement, then do not use the Service.
2. Description of the Service
Our web-based Service allows users who register for an account (each an "Account Holder") to create and track business activities. Any new features on the Service, including the release of new Tiempo Labs tools and resources, shall be subject to this Agreement. To use the Service, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a web-enabled computer. The Service may include certain communications from us, such as service announcements, administrative messages, and reminders. These communications are considered part of your Tiempo Labs membership. You may not access the Service by any means other than through the Service interfaces we provide you.
3. Your Rights to Use the Service
The Service is protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Service and only for the purposes described by Tiempo Labs. Tiempo Labs reserves all other rights in the Service. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with the Agreement, Tiempo Labs grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Service.
You agree not to use, nor permit any third party to use, the Service or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not 1) provide access to or give any part of the Service to any third party or 2) reproduce, modify, copy, deconstruct, sell, trade or resell the Service.
4. Registration
To register as an Account Holder, you must provide us with a valid email address and other information ("Registration Data"). You will choose a password during the registration process. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Tiempo Labs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. Individuals under the age of 13 are prohibited from creating an account or using the Service. Multiple users may not use the same Tiempo Labs account.
5. Fees and Payment
You shall pay all applicable fees, as described on the Service in connection with such features selected by you. The Service is billed in advance on a monthly basis and payments are non-refundable. We reserve the right to change our prices at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.
If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Service.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to your use of the Service and payments you make to us.
Tiempo Labs will automatically renew your Service at the current rates, unless the Service is cancelled or terminated under this Agreement.
Payment processing services for Account Holders on the Service are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement or continuing to operate as an Account Holder on the Service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Service enabling payment processing services through Stripe, you agree to provide the Service accurate and complete information about you and your business, and you authorize the Service to share it and transaction information related to your use of the payment processing services provided by Stripe.
6. Use with Your Mobile Device
Use of the Service may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
TIEMPO LABS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF SUCH TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICE.
7. Content
You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Service. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Tiempo Labs is not responsible for the Content or data you submit through the Service.
You agree not to use, nor permit any third party to use, the Service to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following types of Content, including but not limited to:
Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;
Except as permitted by Tiempo Labs in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
Virus, trojan horse, worm or other disruptive or harmful software or data; and
Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
The Service may include a community forum or other social features to exchange Content and information with other users of the Service and the public. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post links to content of third parties for which Tiempo Labs is not responsible (see section 12).
You agree that Tiempo Labs may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Tiempo Labs a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Tiempo Labs in any way.
Tiempo Labs may, but has no obligation to, monitor content on the Service. We may disclose any information necessary to satisfy our legal obligations, protect Tiempo Labs or its customers, or operate the Service properly. Tiempo Labs, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
8. Tiempo Privacy Policy
How we collect, protect and use your Registration Data and certain other information about you are contained in our Privacy Policy, which is part of this Agreement.
9. Website Account and Security
You are responsible for maintaining the security of your account, for all activities that occur or actions taken under the account. You are responsible for keeping your password confidential. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any or your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
Each Tiempo Labs account is uniquely associated with one user. Multiple users logging into the same Tiempo Labs account will be flagged and the account may be subject to termination (defined in Section 21).
10. Additional Software
If you elect to download or access any additional software or third party content made available by us through the Service, you must agree to additional terms and conditions before you use such software or third party content. If you do not agree to the third party’s terms of service or license agreement, do not download the software or content.
We are not responsible for third party software or content. Your use of any third party software or content obtained through the Service does not transfer to you any rights, title or interest in or to the third party software or such content beyond the terms contained in the third party provider's terms of service or license.
11. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
12. Links
The Service may provide, or third parties may provide, links to other web sites or resources. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We are not liable 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 site or resource.
13. Indemnity
You agree to indemnify and hold Tiempo Labs, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, use of or connection to the Service, violation of this Agreement, or violation of any rights of another user or third party.
14. Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.
15. General Practices Regarding Use and Storage
We may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time with or without notice to you.
16. Our Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content or information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
We do not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Tiempo Labs representative, any material, information or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, marketing and selling products and services. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. TIEMPO LABS DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
18. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TIEMPO LABS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TIEMPO LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF TIEMPO LABS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF TIEMPO LABS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICE AND ITS USE.
19. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. Changes
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Service, on our website for the Service or when we notify you by other means. We may also change or discontinue the Service, in whole or in part. Your continued use of the Service indicates your agreement to the changes.
21. Termination
Tiempo Labs may immediately, in its sole discretion and without notice, terminate this Agreement or suspend the Service at any time if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Service and any outstanding payments will become due. Any termination of this Agreement shall not affect Tiempo Lab’s rights to any payments due to it. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
22. Governing Law
This Agreement and the relationship between you and Tiempo Labs shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Tiempo Labs agree to submit to the personal and exclusive jurisdiction of the courts located within Sunnyvale, California. The failure of Tiempo Labs to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
23. U.S. Government Restricted Rights
The materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of our proprietary rights in them.
24. General
This Agreement, including the Additional Terms below, is the entire agreement between you and Tiempo Labs and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Tiempo Labs. However, Tiempo Labs may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Tiempo Labs or (c) a successor by merger. Any assignment in violation of this Section shall be void.
We may provide notices to you via either email or regular mail. The Service may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Service.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.