Terms and Conditions

1. Scope of application

1.1 - Mr. Lars Gerckens, Schanzenstrasse 12a, 20357 Hamburg, Germany, operates a software for Mac, iPhone, iPad and Apple Watch called "Tyme" (hereinafter referred to as "TYME"). TYME is an app for time recording, workload and billing that addresses both adult consumers and entrepreneurs.

1.2 - The consumer is any natural person who acquires TYME for a purpose that is predominantly not attributable to his commercial or self-employed professional activity. Entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.

1.3 - The present General Terms and Conditions of Business are an integral part of the contract and apply to all business relations between Lars Gerckens and the TYME users, including future business relations. The terms and conditions are accepted by you in their entirety in the version valid at the time of the conclusion of the contract. Any regulations deviating from these terms and conditions, in particular your possible terms and conditions are hereby contradicted.

2. Description of services and conclusion of contract

TYME is only available from the Apple App Store or Apple Mac App Store. To download TYME, you must register with Apple or log in to the Apple App Store or Apple Mac App Store using your existing Apple ID. You can then download TYME free of charge to your mobile device (Mac, iPhone, iPad, Apple Watch).

TYME can be tested free of charge by users with different functionalities (trial period) and can be used for a fee as a standalone application or with others in a team. TYME users can choose between the various offers within the app.

Free Trial

In TYME you can choose a free trial period that allows you to test the functionality for 14 days. The trial period ends automatically and does not have to be cancelled by you.

Single User Version

The use of TYME as a single-user version is subject to a fee. You can purchase TYME within the app as part of an "In-App purchase". With a purchase of TYME a contract between Lars Gerckens and you is made. However, the purchase and payment process will be handled by Apple to the customer, including Apple's terms of use. These Terms of Use can be accessed at any time at https://www.apple.com/legal/internet-services/itunes/us/terms.html

Team Tyme

With the paid Team Tyme version several TYME users have the possibility to record their times together. To set up a team, a team member (so-called "Team Admin") completes a subscription to the desired Team Tyme version within the TYME app as part of an "in-app purchase". All other team members only need to download TYME free of charge from the Apple App Store or Mac App Store.

The contract conclusion and all payment transactions within the subscription period will also be handled by Apple for the team admin, including Apple's terms of use. The versions for the single-user version (see above) apply accordingly.

The team admin can invite other TYME users to join the team after signing a Team Tyme subscription. TYME sends an invitation by e-mail to the potential team members selected by the team admin. This invitation contains a confirmation link that allows TYME users to click on a link to join a team and then record and settle times together with the other team members.

4. Duration and cancellation of a Team Tyme subscription

4.1 - Team Tyme subscription contracts are initially concluded for the selected period (1 month). You will automatically renew your subscription for the same period of time until the Team Admin cancels your subscription in its Apple App Store account under the "Manage ABOS" menu item before the expiration date.

4.2 - In the event of termination, the Team Tyme functionality will no longer be available to team members with the end of the respective subscription period.

5. Prices and terms of payment

5.1 - The prices quoted in the Apple App Store, Apple Mac App Store or TYME App at the time of ordering apply. The prices are shown in your local currency and include VAT.

5.2 - In case of a renewal of a subscription (see section 4.1) the Team Admin has to pay a new fee for the renewal period. The costs for the renewal period will be charged by Apple at least 24 hours before the renewal period begins.

5.3 - The purchase price for the purchase of a single-user application is due upon conclusion of the contract, the remuneration for a Team Tyme subscription is due upon conclusion of the contract and each renewal of the contract for the respective term of the subscription.

5.4 - All payments, both for purchases in the Apple App Store or Apple Mac App Store and for in-app purchases, will be processed by Apple. When you purchase or subscribe, Apple offers the payment methods offered by Apple. For an overview of available payment methods in the Apple App Store, visit https://support.apple.com/en-us/HT202631

6. Data backup and availability

6.1 - TYME users are aware that the data collected within the framework of Team Tyme is transferred to and stored on the server of Lars Gerckens. Accordingly, TYME users will make backup copies of all Team Tyme data on a daily basis and store them separately.

6.2 - TYME users are not entitled to uninterrupted availability of Team Tyme. Temporary downtimes and unavailabilities may occur in exceptional cases - for example due to maintenance work or disruptions at the hosting partner of Lars Gerckens, for reasons in the responsibility of the TYME user or for other reasons beyond the control of Lars Gerckens.

7. Cancellation policy

7.1 - Consumers (please refer to section 1.2) have a legal right of withdrawal when concluding a remote sales transaction, about which the provider informs according to the legal sample below. Section 7.2 contains a sample revocation form.

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving any reasons. The revocation period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of revocation after completion of the payment process, you must inform Schanzenstrasse 12a, 20357 Hamburg, Germany, e-mail: support [at] tyme-app [dot] com, by means of a clear declaration (e. g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory. You can also fill in and submit the sample revocation form or any other unambiguous declaration electronically on our website www.tyme-app.com/widerruf/ If you make use of this possibility, we will immediately (e. g. by e-mail) send you a confirmation of receipt of such a revocation.

In order to comply with the revocation period, it is sufficient that you send the notice of revocation prior to the expiry of the revocation period.

Consequences of the revocation

If you revoke this contract, we will be obliged to refund all payments received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us), without delay and within 14 days at the latest from the day on which we have received notification of your revocation of this contract. We will use the same means of payment for this repayment as you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment.

7.2 - Sample revocation form

(If you want to cancel the contract, please fill in this form and send it back.)

To
Name: Lars Gerckens
Address: Schanzenstr. 12a, 20357 Hamburg, Germany
E-mail: support [at] tyme-app [dot] com

Herewith I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/ for the provision of the following services ()
Ordered on ()/received on ()
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only for communication on paper)
Date

(*) Delete as applicable

8. Liability

Claims for damages are excluded. Excluded from this are claims for damages arising from injury to life, limb, health or from the violation of essential contractual obligations as well as liability for other damages based on an intentional or grossly negligent breach of duty by Lars Gerckens. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the event of a breach of essential contractual obligations, Lars Gerckens shall only be liable for the foreseeable damage typical for this type of contract if it was caused by simple negligence, unless it concerns claims for damages arising from injury to life, limb or health. The above restrictions also apply to my representatives, employees and vicarious agents, insofar as claims are asserted directly against them.

9. Data privacy

9.1 - When handling your personal data, I comply with all provisions of the Basic Data Protection Ordinance (DSGVO), the Federal Data Protection Act (BDSG-neu) and the Telemedia Act (TMG) in Germany and am entitled to process all data relating to the business relationship with you in compliance with these laws.

9.2 - For further information on the type, scope, location and purpose of the processing of personal data required within the framework of TYME, please refer to my data protection provisions at https://www.tyme-app.com/tyme-app-privacy-policy/.

10 Information on Alternative Dispute Resolution

EU platform for out-of-court online dispute resolution: http://ec.europa.eu/consumers/odr/.

For consumer disputes with me, the Consumer Dispute Settlement Body would be an online arbitrator. Center for European Consumer Protection, Bahnhofsplatz 3,77694 Kehl, www.online-schlichter.de. However, I am not prepared or obliged to take part in a dispute settlement procedure before a consumer conciliation body.

11 Choice of Law and Jurisdiction

11.1 - To the extent permitted by law, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which you have your habitual residence remain unaffected.

11.2 - If you are a businessman or legal entity or if you do not have a general place of jurisdiction in Germany or if you transfer your domicile abroad after conclusion of the contract or your domicile is not known at the time of commencement of legal proceedings, the place of jurisdiction for disputes is at my domicile as stated in section 1.1.

Last updated: May 2018