Terms of Service

By using the Timely system (the “Service”) and all services of Timely Limited, NZ Company number 3677811 (“Timely”), you agree to the legal terms set forth by the following terms and conditions (“Terms of Service”). By using the Service, you agree to each of the terms set forth below. If you do not agree with any term or condition set forth below, you are not authorized to use the Service for any purpose.

Timely reserves the right to modify the Terms of Service from time to time without prior notice, effective upon posting an updated version of this Terms of Service on the Service or Site. You are responsible for regularly reviewing these Terms of Service. Continued use of the Service after any such modifications to the Terms of Service shall constitute your consent to such modifications.

1. You warrant that you are 18 years of age or older
2. You warrant that you are a human, and not a computer service or automated “bot”
3. You warrant that you have provided accurate and valid information requested during the registration process
4. You warrant that you will use the Service only for lawful purposes. You must not violate any laws in your jurisdiction, including but not limited to any copyright laws.
5. You are prohibited from violating, or attempting to violate, the security of the Service.
6. Your warrant that during your use of the Service you will not create, transmit, distribute, or store material that violates a trademark, copyright, trade secret, or other intellectual property rights of others; violates the privacy, publicity, or other personal rights of others; impair the privacy of communications; generate obscene, offensive, or inappropriate content; causes technical disturbances to the Service, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; create a deceitful website to imply association with Timely or the Service; create or send verbal, physical, written or other abuse (including threats of abuse or retribution) to any Timely customer, employee, member, or officer.
7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Timely.

1. A valid credit card is required for paying accounts. Your credit card statement will show a payment to “Timely Limited”.
2. The Service is billed in advance on a monthly basis and is non-refundable. However, Timely will charge your credit card a prorated amount for any upgrade or downgrade in plan level or addition of a new staff member immediately.
3. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, removal of staff or refunds for months unused with an open account.
4. Purchased SMS credits will not be refunded, including as a result of cancellation.
5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Timely does not accept any liability for such loss.
6. The free trial will begin the day the account is opened and will end at the earlier of:
   • When 100 bookings have been created; or
   • When 14 days have passed; or
   • When SMS credits are purchased.

   In order to continue using the Service after the free trial a valid credit card must be added to your account via the Account > Billing page.

Timely accounts can be cancelled in the app by the user at anytime by completing the cancellation process. This will mean:

1. Your account will be deactivated and can no longer be accessed;
2. Your account will no longer be charged;
3. All of your rights granted under these Terms will immediately come to an end; and
4. All of your data and content may be deleted from our systems (on request).

We provide no guarantee that your content can be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.

1. Timely reserves the right to modify or remove parts the Service at any time. Timely will introduce improvements and new features from time to time into the Service, some of which will be made immediately available at no cost to you.
2. Prices for all paid plans of the Service, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from Timely. Such notice may be provided by posting the changes to the Site or the Service itself.
3. Timely shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

1. You acknowledge that the Service is licensed to you and that Timely retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights).
2. You agree not to (i) copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without Timely’s prior written approval or (ii) sell, license, rent, or transfer the Service to any third party. Timely (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
3. Except as expressly set out in these terms,Timely claims no intellectual property rights over any of the content or data you upload or add to the Service. You warrant that in providing any content or data to Timely and licensing Timely to use it as set out in these Terms of Service you will not infringe the rights of any third party. You grant to Timely a royalty-free, worldwide, non-exclusive licence to use any content or data you provide for purposes of delivering the Services , and conducting Timely’s business generally, for the period the content or data is in Timely’s possession. All data added to the Service by you or users of your account retains its original ownership. For the avoidance of doubt, where Timely allows you to customise your experience of any part of the Services, such customisations are configurations of the Services provided by Timely and not content or data provided by you and as such are owned entirely by Timely. You agree to do all things reasonably required of you by Timely to give effect to this clause 5.3.
4. Where you provide any suggestions or feedback to Timely about the Services, you disclaim all ownership or rights over such suggestions and feedback and acknowledge that Timely may freely use and disclose all such suggestions and feedback as it sees fit for any purpose.

1. Timely is not responsible for any incorrect or inaccurate content posted on the Site or Service. The Site or Service may be temporarily unavailable from time to time for maintenance or other reasons. Timely assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Timely is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site or Service, including injury or damage to users or to any other person’s computer related to or resulting from use of the Service.
2. Timely 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. The Service is provided “as-is” and Timely disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Timely cannot guarantee and does not promise specific results from use of the Service. Except in jurisdictions where such provisions are restricted, in no event will Timely or any of Timely’s business associates (which for the purposes of these terms will include suppliers, advertisers, referrers, etc.) be liable to your or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising your use of the Service, even if Timely has been advised of the possibility of such damages.
3. Timely’s total aggregate liability to you for all claims arising under these Terms or otherwise in relation to your use of the Services shall be limited to the sum of payments you have paid to Timely for the Services.

1. You agree to indemnify and hold Timely, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of or in connection with: (i) your use of the Site or Services, (ii) your violation of these Terms of Service, or (iii) your violation of any law or the rights (including intellectual property rights) of a third party.

1. These Terms shall be governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.

1. You understand that Timely uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Service. Timely reserves the right to suspend or restrict your account or your use of the Service, or disable any third party integrations you have, where we believe that your use isn’t fair or reasonable or that it may cause degradation of the Service to other users. This includes circumstances where your use (or integration of your account with a third party) is creating a security or Service availability risk for Timely or our other customers, is impacting (or may impact) the stability or performance of our systems, or is requiring disproportionate resource to deliver (e.g. in terms of storage or processing requirements or support queries).
2. Where Timely offers a SMS messaging feature as part of the Service, it is expected that you will use the SMS feature in the natural course of running your business only. Where your usage exceeds Timely’s anticipated fair use norms for your business, Timely may limit or suspend the SMS feature. Your prolonged over usage of the SMS feature may result in Timely either terminating your account or requesting that you forecast and pay for additional usage over and above anticipated fair use norms. Timely reserves the right to determine fair use norms in each instance and enforce this policy in its sole discretion.

This section contains service-specific terms that are in addition to the general terms that apply if you use our Consult product (Consult). All other Terms of Service also apply to Consult.

1. Timely grants you a license to use Consult for creating a custom digital form for use in your business only.
2. You must not undertake any unauthorised advertising on the Consult platform.
3. You warrant that you will perform no unauthorised integration with third party software on the Consult platform.