User Terms of Service
These User Terms (the “User Terms”) govern your access and use of Time’s services (the “Services”). By accessing or using the Services, or continuing to access or use the Services after being notified of a change to these User Terms, you confirm that you have read, understand, and agree to be bound by these User Terms.
“Time,” “we,” “our,” and “us” refer to American Productivity Company, doing business as Time or the applicable Time affiliate identified in any separate agreement (defined below).
Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our products.
- Relationship to Customer An organization or other third party that we refer to in these User Terms as “Customer” has invited you to use the Services as part of a “Team” (i.e., a unique space where a group of users may access the Services).
Example: If you are joining one of your employer’s Teams, then Customer is your employer. Example: If you are joining a Team created by a friend (using their personal email address), that friend is our Customer and is authorizing you to join their Team. Customer has separately agreed to our Platform Terms or entered into a written agreement with Time or its affiliate(s) (in either case, the “Agreement”) that permits Customer to create and configure a Team. The Agreement contains our commitment to deliver the Services to Customer, who may then invite authorized individuals (including you) to join the Team. Such individuals granted access to the Services are referred to as “Authorized Users.”
When an Authorized User (including you) submits content or information to the Services (“Customer Data”), you acknowledge and agree that:
Ownership. Customer owns all Customer Data. Control. The Agreement provides Customer with many choices and control over Customer Data, including the ability to: Provision or deprovision your access to the Services, Enable or disable third-party integrations, Manage permissions, retention, and export settings, Transfer, assign, or consolidate Teams. These choices and instructions may result in the access, use, disclosure, modification, or deletion of certain or all Customer Data.
- Duration and Termination of User Terms These User Terms remain effective until:
Customer’s subscription for you expires or terminates, or Your access to the Services has been terminated by Customer or by Time. If at any time or for any reason you wish to terminate your account, you should contact Customer (e.g., your employer or the person who invited you).
- Customer Responsibilities AS BETWEEN TIME AND CUSTOMER, YOU AGREE THAT IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO:
(A) Inform you and any Authorized Users of any relevant Customer policies and practices and any settings that may impact the processing of Customer Data; (B) Obtain any rights, permissions, or consents from you and any Authorized Users necessary for the lawful use of Customer Data and the operation of the Services, including, without limitation, as required by applicable laws governing the monitoring or recording of conversations (“Recording Laws”); (C) Ensure that the transfer and processing of Customer Data under the Agreement is lawful; and (D) Respond to and resolve any dispute with you and any Authorized User relating to or based on Customer Data, the Services, or Customer’s failure to fulfill these obligations.
TIME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- Age Requirements; Representations Minimum Age
To the extent prohibited by applicable law, the Services are not intended for and should not be used by: (a) anyone under the age of sixteen (16), or (b) anyone under the applicable age of majority under data protection laws in your jurisdiction. You represent that you are over the legal age and are the intended recipient of Customer’s invitation to the Services. If this is not true, you may not access or use the Services. Your Representations You represent, warrant, and agree that you will not provide or contribute anything, including any Customer Data, to the Services or otherwise use or interact with the Services in a manner that:
Violates any law or regulation, including export control laws, privacy laws, or Recording Laws; Is dangerous, fraudulent, harassing, defamatory, or obscene; Jeopardizes the security of your account or anyone else’s account (e.g., allowing unauthorized access); Attempts to obtain the password, account, or security information of others; Violates the security of any computer network or attempts to crack any passwords or security encryption codes; Runs spam or auto-responders on the Services or otherwise interferes with the Services’ proper working; Scrapes or crawls any page, data, or portion of or relating to the Services (manually or automatically); Copies or stores any significant portion of content made available through the Services; Decompiles or reverse engineers any source code or underlying ideas of the Services. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
- Our Enforcement Rights If we believe there is a violation of the Agreement, these User Terms, or any of our other policies:
We will often notify Customer first (e.g., ask them to remove certain Customer Data or take other action). If Customer does not remedy the situation or we believe there is a credible risk of harm to us, the Services, Authorized Users, or any third parties, we may take action directly, including disabling your account. 6. Limitation of Liability IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, HOWEVER CAUSED, WHETHER IN AGREEMENT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNLESS YOU ARE ALSO A CUSTOMER (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE AGREEMENT), YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE USER TERMS. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THESE USER TERMS IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.
- Notices Except as otherwise set forth herein:
Notices to Time
All notices under these User Terms must be sent to legal@withtime.ai (or such other email address designated by Time). A notice will be deemed duly given the day after it is sent via email. Notices to You
We may choose to provide notice to Authorized Users through the Services (e.g., an in-app notification) or via the email address associated with your account. A notice provided through the Services or sent to your email will be deemed to have been duly given on the same day it is sent. Notices Under the Agreement
Will be delivered solely to Customer in accordance with the terms of that Agreement. For general inquiries regarding these User Terms, you may email us at hello@withtime.ai.
- Changes to These User Terms As our business evolves, we may change these User Terms:
Material Changes
If we make a material change, we will provide you with reasonable notice prior to the change taking effect, either by emailing the address associated with your account or by messaging you through the Services. The most current version of the User Terms will always be available on this page or at [withtime.ai/legal/user-terms] (example URL). Effective Date
Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes become effective on the date we publish the change. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised terms and conditions. 9. General Provisions Waiver
No failure or delay by either party in exercising any right under these User Terms constitutes a waiver of that right. Any waiver must be in writing and signed by an authorized representative of the party granting the waiver. Severability
These User Terms will be enforced to the fullest extent permitted by law. If any provision is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted to best accomplish its original intent, and the remaining provisions will remain in effect. Assignment
You may not assign any of your rights or delegate your obligations under these User Terms without our prior written consent (not to be unreasonably withheld). We may assign these User Terms in their entirety to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Governing Law and Venue
These User Terms, and any disputes arising out of or related to them, are governed by the same governing law specified in the Agreement, without regard to conflicts of law rules or the United Nations Convention on the International Sale of Goods. The courts located in the same venue specified in the Agreement will have exclusive jurisdiction to adjudicate any dispute related to these User Terms or their formation, interpretation, or enforcement. Each party consents to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under these User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees. Entire Agreement
The User Terms, including any terms incorporated by reference, constitute the entire agreement between you and Time regarding the subject matter herein and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral. To the extent of any conflict or inconsistency between the Agreement and these User Terms, the terms of the Agreement will prevail, followed by the provisions of these User Terms, and then any referenced pages (e.g., the Privacy Policy). Customer is responsible for notifying Authorized Users of any conflicts or inconsistencies. Contact Information If you have any questions about this User Policy or need further clarification, please contact us at:
Email: hello@withtime.ai
Legal: legal@withtime.ai
Website: https://www.withtime.ai
By accessing or using Time’s Services, you acknowledge that you have read, understood, and agree to be bound by these User Terms.