Last updated October 6, 2021
By signing up for a Timezap Account (as defined in Section 1) or by using any Timezap Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us” and “Timezap” means the applicable Timezap Contracting Party (as defined in Section 4 below).
The services offered by Timezap under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by Timezap are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://timezap.io/pages/terms. Timezap reserves the right to update and change the Terms of Service by posting updates and changes to the Timezap website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service.
Everyday language summaries are provided for convenience only and appear in bold under each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Timezap or any Timezap services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. To access and use the Services, you must register for a Timezap account (“Account”) by providing your full legal name, a valid email address, and any other information indicated as required. Timezap may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
3. You confirm that you are receiving any Services provided by Timezap for the purposes of carrying on a business activity and not for any personal, household or family purpose.
4. You acknowledge that Timezap will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
5. You are responsible for keeping your password secure. Timezap cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
6. You are responsible for all activity and content such as photos, videos, written content, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
You may not:
A breach or violation of any term in the Terms of Service as determined in the sole discretion of Timezap may result in an immediate termination of your Services.
1. Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Timezap Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Timezap Account Owner in connection with the Service.
2. If you are signing up for the Services on behalf of your employer, your employer shall be the Timezap Account Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. Your Timezap Account Owner can only be associated with one Timezap User.
1. Based on your Timezap pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Timezap Account Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to only upload product research data or prevent Staff Accounts from deleting old product research data).
2. The Timezap Account Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Timezap Account Owner’s own acts, omissions or defaults.
3. The Timezap Account Owner and the users under Staff Accounts are each referred to as a “Timezap User”.
1. Technical support in respect of the Services is only provided to Timezap Users.
2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the state of California applicable therein, without regard to principles of conflicts of laws. Any dispute arising out of these Terms of Service shall have the exclusive venue of the Courts in the City and County of San Francisco.
3. You acknowledge and agree that Timezap may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Timezap’s website, available at https://timezap.io/pages/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Timezap’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
4. You may not use the Timezap Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the state of California. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Timezap.
6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Timezap or Timezap trademarks and/or variations and misspellings thereof.
7. Questions about the Terms of Service should be sent to Timezap Support.
8. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
10. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Timezap’s Terms of Service available in another language, the most current English version of the Terms of Service at https://timezap.io/pages/terms will prevail.
11. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Timezap shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Timezap’s prior written consent, to be given or withheld in Timezap’s sole discretion.
12. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
13. Sections 1, 3(2)-(5), 4, 6-8, 13-14, 16(9)-(11), 18, 20 and 21 will survive the termination or expiration of these Terms of Service.
1. “Timezap Contracting Party” means Stormforge, LLC, a Delaware Limited Liability Company. We can be reached by mail at 340 S Lemon Ave #4888, Walnut, CA 91789.
2. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the state of California with respect to any dispute or claim arising out of or in connection with the Terms of Service.
1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. We reserve the right to terminate Timezap User Accounts for any reason at any time.
4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Timezap customer, Timezap employee, member, or officer will result in immediate Account termination.
5. Timezap does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Timezap User Account.
6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Timezap employees and contractors may also be Timezap customers/merchants and that they may compete with you.
7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
8. Timezap retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Timezap User Account Owner. If we are unable to reasonably determine the rightful Timezap User Account Owner, without prejudice to our other rights and remedies, Timezap reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, names, addresses and other information regarding customers and prospective customers, sales, and other unpublished financial information, business plans, and any other confidential and proprietary information, whether or not marked as confidential or proprietary that is not obtainable by public or paid services. Timezap’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
1. You expressly understand and agree that, to the extent permitted by applicable laws, Timezap shall 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 resulting from the use of or inability to use the Service.
2. To the extent permitted by applicable laws, in no event shall Timezap or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Timezap partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
4. Timezap does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
5. Timezap does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
6. Timezap does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
The failure of Timezap to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Timezap and govern your use of the Services and your Account, superseding any prior agreements between you and Timezap (including, but not limited to, any prior versions of the Terms of Service).
1. By uploading Materials, you agree: (a) to allow Timezap to store, and (b) that Timezap can, at any time, review and delete all the Materials submitted to its Service, although Timezap is not obligated to do so.
1. You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to your purchase or use of any products or services Timezap offers. Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Timezap will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Timezap will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
3. For pay-per-use plans, the Service is billed in advance of using the service and is non-refundable. There will be no refunds, or credits issued for partial pay-per-use plans of the service, upgrade/downgrade refunds, or refunds for unused pay-per-use credits.
4. For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
5. For annual payment plans, the Service is billed up front for a one (1)-year period and is non-refundable. Your annual plan will automatically renew for successive one (1)-year periods, and you will be charged the applicable fees on each annual anniversary of your purchase, unless you cancel prior to the end of the then-current annual term. There will be no refunds or credits for partial terms of service, upgrade/downgrade refunds, or refunds for unused terms with an open account.
6. Certain credits may apply when you purchase an upgrade to the Service or switch from a monthly plan to an annual payment plan.
7. If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Timezap reserves the right to terminate your Account.
8. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
9. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Timezap’s products and services. To the extent that Timezap charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Timezap of your exemption. If you are not charged Taxes by Timezap, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
10. For the avoidance of doubt, all sums payable by you to Timezap under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Timezap to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Timezap shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
11. You must maintain an accurate location in the administration menu of your Timezap User Account. If you change jurisdictions you must promptly update your location in the administration menu.
1. You may cancel your Account and terminate the Terms of Service at any time by contacting Timezap Support and then following the specific instructions indicated to you in Timezap’s response.
2. Upon termination of the Services by either party for any reason:
a. Timezap will cease providing you with the Services and you will no longer be able to access your Account;
b. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
c. any outstanding balance owed to Timezap for your use of the Services through the effective date of such termination will immediately become due and payable in full.
3. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
4. We reserve the right to modify or terminate the Timezap Service, the Terms of Service and/or your Account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
5. Fraud: Without limiting any other remedies, Timezap may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
1. Prices for using the Services are subject to change upon 15 days’ notice from Timezap. Such notice may be provided at any time by posting the changes to the Timezap Site (Timezap.com) or the administration menu of your Timezap Store via an announcement.
2. Timezap reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
3. Timezap shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
1. Timezap may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Timezap App Store, Timezap Experts Marketplace, Timezap Newsletter’s, social media channels or via in application notifications. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
2. Timezap Experts is an online directory of independent third parties (“Experts”) that can help you build and operate your Timezap Store.
3. You can engage and work with an Expert directly or through Experts Marketplace. Experts Marketplace provides you with recommendations on Experts that can assist you with different aspects of your Store. Using Experts Marketplace, you can find, hire, and communicate with Experts directly from your Account admin.
4. Any use by you of Third Party Services offered through the Services, Timezap Experts, Timezap Experts Marketplace or Timezap’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Timezap may receive a revenue share from Third Party Providers that Timezap recommends to you or that you otherwise engage through your use of the Services, Timezap Experts, Experts Marketplace or Timezap’s website.
5. We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Timezap has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on Timezap’s websites, including the Timezap App Store or Experts Marketplace, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Timezap. Timezap does not guarantee the availability of Third Party Services and you acknowledge that Timezap may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Timezap is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Timezap strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your customers.
6. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Timezap is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
7. You acknowledge and agree that: (i) by submitting a request for assistance or other information through Experts Marketplace, you consent to being contacted by one or more Experts at the Account Owner’s registered email address (or such other email address provided by you) as well as the applicable user email address; and (ii) Timezap will receive all email communications exchanged via Experts Marketplace or in any reply emails (each a “Reply”) that originate from Experts Marketplace (directly or indirectly) between yourself and Experts. You further agree that Timezap may share your contact details and the background information that you submit via the Experts Marketplace with Experts. Experts may require access to certain admin pages on your Timezap Store. You choose the pages that the Experts can access.
8. The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Timezap is not obligated to intervene in any dispute arising between you and a Third Party Provider.
9. Under no circumstances shall Timezap be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Timezap has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
10. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Timezap partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
From time to time, Timezap may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Timezap will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Timezap Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Timezap’s prior written consent. Timezap makes no representations or warranties that the Beta Services will function. Timezap may discontinue the Beta Services at any time in its sole discretion. Timezap will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Timezap may change or not release a final or commercial version of a Beta Service in our sole discretion.
Timezap welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback”) to Timezap be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Timezap (whether submitted directly to Timezap or posted on any Timezap hosted forum or page), you waive any and all rights in the Feedback and that Timezap is free to implement and use the Feedback if desired, as provided by you or as modified by Timezap, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Timezap must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Timezap reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
Save for Timezap and its affiliates, Timezap Users or anyone accessing Timezap Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
It is the policy of Timezap not to allow its users to post any content which infringes upon the rights of third parties. Should you see content which you believe infringes upon your copyrights, trademarks or those of others, please notify our Copyright Agent at firstname.lastname@example.org, and we will remove the infringing content. Written notices may be sent to Stormforge, LLC, 340 S Lemon Ave #4888, Walnut, CA 91789.
It is also the policy of Timezap, in appropriate circumstances, to terminate the accounts and use of Services by users, account holders or subscribers that repeatedly infringe upon the intellectual property rights of third parties.