Terms of Service

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.
8. 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. If your bandwidth usage on the Service significantly exceeds the average bandwidth usage of the Service, as determined by Timely, we reserve the right to limit your bandwidth to the Service.

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). You agrees 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.
2. Timely claims no intellectual property rights over any of the content or data you upload or add to the Service. All data added to the Service by you or users of your account retains its original ownership.

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.

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 your use of the Site in violation of this Terms of Service or your violation of any law or the 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.

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.