(Status: 24 May 2018)
1. Scope of application
These General Terms and Conditions of Use apply to all legal relationships between timee GmbH, Weserstraße 21, 12045 Berlin (hereinafter: “timee”) and the users of the “timee” application offered (hereinafter also: “App” or “Provider”).
Anyone who registers in the app is deemed to be a user.
By registering as a user of the app by creating a user profile, you accept these General Terms of Use.
You can access the General Terms of Use at any time via the “Terms of Use” link provided on the website www.timee.com (https://timee.com/app-nutzungsbedinungen) as well as in the app itself (under the menu item “Help”), print them out and download or save them, but only in the current version. Older versions are not available on the website and in the app.
Deviating user regulations do not apply unless timee has expressly confirmed this in writing. Individual agreements always take precedence.
2. Scope of services
The subject of these General Terms and Conditions of Use is the temporary provision and use of the App for the User as well as the temporary granting of the rights required for the provision and use. The app offers assistance in the areas of scheduling, organising, sharing and exchanging events (also referred to as “events”) with other users.
The app provides the user with these functions free of charge:
Users can set and manage their appointments in a calendar
Users can share events with other contacts
Users have access to an event database
Users can make their own events public
Users can exchange messages with other users
timee may refer users of the app to third-party content and applications (hereinafter “third-party content”) through links. Such Third Party Content is clearly marked with a corresponding notice. If and to the extent that the conclusion of a contract is offered in connection with such Third Party Content, such contract shall be concluded exclusively with the respective provider. Questions and complaints are to be addressed directly to the respective provider of the third-party content, whose contractual terms and conditions apply to the respective order or participation.
3. Registration and conclusion of contract
To register and use the app, you must be at least 16 years of age.
There is no entitlement to the conclusion of a contract of use.
The use of the app to its full extent requires the registration via the user profile created by you within the app. To register as a user within the app, you only need to provide an e-mail address and a user name. If you register within the app, timee will send you an email with a confirmation link to the email address you provided during registration. The user contract comes into effect as soon as you have completed the registration.
Users must keep their password secret and ensure that misuse by third parties is prevented. In principle, you are liable for all activities carried out using your access and indemnify timee against any claims for damages by third parties, unless you are not responsible for the misuse.
Users are obliged to inform timee immediately if there are indications that an account has been misused by third parties. Reports can be made on the website https://timee.com/#kontakt or in the app under “Send feedback”, stating the user name and email address.
timee is entitled to contact the user at its own discretion should this be necessary to ensure the secure operation of the app. Insofar as timee communicates with users in writing, this is done via the messaging function integrated in the app or notifications within the app.
4. Responsibilities and duties of the users
The App gives you access to a database and allows you to view a wide variety of events from different third party providers, including arts, culture, entertainment, film, music and sports, as well as to categorise and share these events with other users. Users can also access more detailed information about the events and view relevant events based on their location. In addition, it is possible to create, share and make public one’s own events. These can be of a private or commercial nature.
The contributions of the users on the app are not checked by timee as a matter of principle. However, if the provider becomes aware that a user’s contribution violates the General Terms and Conditions or legal regulations, the illegal content will be removed immediately or access to it will be blocked.
Offers created by timee or by other users can be accessed via the menu item “Discover”.
As a matter of principle, timee does not check the data posted on the events and therefore does not assume any liability for the correctness of the information on the events within the app, in particular on the event location, possible admission prices and event times.
timee is not liable for third-party offers created and/or published on the website or the app.
timee may provide its services itself or through subcontractors.
Users and third-party providers (event organisers) have the option of placing events, locations and offers higher in the respective lists.
The use of the app is basically free of charge. However, users can purchase tickets to events or other services for a fee. In this case, the user will be redirected to external sites. The general terms and conditions of the respective provider apply to the purchase of tickets and services, which are marked for each event or service.
5. Posting of own events (“events”)
By creating and publishing an event, the user declares that he is authorised to use this offer and to publish the event.
The user alone is responsible for ensuring that he/she has all rights with regard to the content he/she publishes and that no rights of third parties are infringed thereby.
The user alone is responsible for the content of events. If the user has violated the rights of third parties through the content of his event, he shall indemnify timee against all claims of third parties arising from this violation of rights.
Event texts of users may contain links to other websites or sources. timee has no control over such websites and sources and is neither responsible nor liable for the availability of such external websites or sources, nor does it adopt any content accessible on such websites or sources as its own and therefore excludes any liability or warranty in relation thereto, unless it has positive knowledge of the illegality of the content.
Due to the large number of links, it is technically impossible for timee staff to check them. Should the event texts contain a link to an external page on which illegal content is disseminated by a third party, timee will remove the link to such a page upon notification.
If claims for damages are asserted against timee as a result of such a link, the respective user shall indemnify timee against such claims for damages.
Users are only permitted to use or link to copyrighted material if this is done within the framework of the applicable legal provisions and the applicable terms and conditions of the author or provider or if this has been separately permitted by the respective provider or author.
Users may not copy, reproduce, transmit, distribute, publish, commercially exploit, transfer in electronic or other form to another data format or use in any other way this material beyond this permitted scope. In particular, it is not permitted to use brand names or trademarks, regardless of whether this is done in their original or modified form or by linking to another domain on the Internet.
The user is aware that the infringement of copyrights is the basis for claims for damages and indemnifies timee against any claims for damages by third parties arising from such an infringement of copyrights.
Reports of infringements can be made on the website https://timee.com/#kontakt or in the app under “Send feedback”, stating the user name.
By publishing, the user irrevocably and free of charge grants the provider the right to use and exploit the content provided by him/her, unlimited in terms of space, time and content.
6. Contents and statements
No content and/or statements may be published, transmitted or uploaded that violate existing laws. This also includes content that can be accessed via links set by the user.
Content is in particular inadmissible if it:
is immoral, pornographic, racist or offensive in any other way
are unobjective or deliberately untrue
infringe the rights of third parties, in particular copyrights
otherwise violate applicable laws or constitute a criminal offence
contain viruses or other programs which may damage software or hardware or impair their use
are surveys or chain letters or disguised advertising, or serve the purpose of collecting and/or using personal data from other users for business purposes in particular.
Furthermore, the use of offensive content, ambiguous terms and other representations that are on the edge of legality is also prohibited.
In the event of a violation of these terms of use, timee is entitled and, due to its legal responsibility, obliged to exclude the respective user and to delete the content used by him or addressed to him. timee is not obliged to send the user a warning before deleting the content.
7. Chat rules
The app offers you the possibility to exchange messages with other participants via the “Chat” function. You agree to the following rules of conduct:
The user will not use vulgar, abusive or hateful language.
The user will not knowingly and willfully disrupt the dialogue of other users
Messages and personal data of users received in connection with the use of the app are to be treated confidentially and are not to be made accessible to third parties without the consent of their originator.
Users shall not publish private messages without the consent of the author.
Users shall treat each other with respect.
8 Commercial use
Furthermore, the user is prohibited from any commercial or business use of the app, unless there is a separate agreement with timee. Commercial or business use is in particular:
the offering of goods or services for monetary value
the advertising of commercial Internet sites or apps, in particular also the direct or indirect linking to the commercial Internet portal or an app of another operator
making contact for the purpose of subsequent profit-making, in particular by naming or referring to chargeable service numbers, value-added SMS numbers (Premium SMS), by setting or naming links and/or by sending commercial advertising both in the internal and external message exchange systems (forums, profile data, e-mails)
the search for employees, models for agencies or paid service providers
the collection of accessible profile data or obtaining of data (e.g. mobile phone numbers) of individual users with the background of commercial use, advertising or resale to third parties.
9. Pictures in chat / events
Under certain conditions, the app enables you to post pictures within the service provided, in the event texts, in the user profile and in the chats. You are free to make use of this offer.
Users who upload a picture in the app have no right to claim that it will actually be published. timee reserves the right to control the pictures, in particular with regard to the fulfilment of the following requirements:
The user must have the rights to the picture he/she posts or at least the permission of the rights holder to post it in the app.
If there are other persons besides the user in the picture, the consent of all persons in the picture must be obtained before this picture is posted.
The image may not contain any inadmissible content within the meaning of clause 7 of these terms of use or violate them.
10 Duration and termination of the contract of use, discontinuation, restriction or modification of the offer and deletion of the account
The contract of use between timee and the user shall be concluded for an indefinite period of time.
The user may, however, terminate the user contract at any time in writing or by email to the following email address datenschutz(at)timee.com with one week’s notice. It is not necessary to give reasons for this.
timee is entitled to discontinue, limit or change the free provision of the services and the app at any time. In addition, timee is entitled to terminate the contract of use at any time by notifying the user in text form (SMS, push notification) or within the app with a notice period of one week and to block the user’s access to the services of the app when the termination becomes effective.
Even before a termination takes effect, timee is entitled to block the use of the app if there is misuse of the services offered by the app by the user or third parties.
As soon as a user has been temporarily or permanently blocked, he/she may no longer use the app, even with other user accesses, and may not register again.
The right to extraordinary termination remains unaffected.
Upon termination or cancellation, the user’s account and the private content stored there, e.g. user name, email address, calendar data, private events, etc., will be deleted.
timee reserves the right to discontinue the app altogether. Users will be informed of this at least one week in advance in writing (SMS, push notification or notifications within the app).
11 Responsibility for content and liability
The Provider accepts no responsibility for the information and documentation provided on the App being complete and correct, nor for it being up to date. This also applies to all links contained in the app. The provider is not responsible for the content of a page reached via such a link.
Outside the liability for material defects and defects of title, the provider is liable without limitation insofar as the cause of the damage is based on intent or gross negligence. The provider is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardises the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the user regularly relies), but only for the foreseeable damage typical for the contract. In particular, the provider is liable for the loss of data only to the extent of the expenditure incurred if the user has regularly and application-adequately performed a data backup and thereby ensured that lost data can be restored with reasonable effort. The Provider shall not be liable for the slightly negligent breach of obligations other than those set out above.
The limitations of liability in the preceding paragraph do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee and for fraudulently concealed defects.
If the liability of the supplier is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
timee accepts no responsibility for any loss of data.
timee will refrain from everything that is or could be suitable to jeopardise the security and integrity of the stored data and information. timee and its employees will therefore never ask for the password or access codes of the end devices or keep them stored.
timee does not guarantee the constant availability of the app and the servers, in particular that the material set up on the server will be available in the app without interruption and/or errors.
12 Update and costs
There is no obligation on the part of the user to install updates to the app that are provided. However, the functionality of the app may require that the user has installed the latest version of the app on his end device. timee does not charge the user for the provision and use of the app. The fees for the mobile internet use required for the use of the app are based on the tariffs of the user’s provider. Within the app, users have the option of inviting friends and contacts who do not yet use timee. The invitation is sent by SMS. Any costs here also depend on the tariff of the user’s provider.
13. Data protection
timee takes the privacy and data protection of users very seriously. The timee privacy policy is available under the link https://timee.com/app-nutzungsbedinungen and in the app. By creating a user account in the app, you agree to the collection, processing and use of personal data by timee in accordance with the data protection declaration.
14 Legal validity of the document
If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
15. Final provisions
timee shall be entitled to amend these General Terms and Conditions of Use at any time and without stating reasons. The user will be informed of the amended terms and conditions when he/she logs back into the app after the amendment has come into effect. If the user then accepts the new terms of use presented to him in the course of the registration, the amended terms will become part of the General Terms of Use.
timee shall specifically draw the user’s attention to this legal consequence when announcing the new terms and conditions.
16. Applicable Law and Jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction is, as far as legally permissible, Berlin.
timee GmbH
Separate terms and conditions and the following data protection declaration apply to the use of the timee app:
Terms & Conditions for the app
The following conditions apply to the use of the websites (timee.com and timee.de):.
