Terms of service

1. The parties and the scope of the terms

These terms are a contract between OÜ Vessent Inc (registry code 12487036, Vabaduse väljak 6, 10146 Tallinn; hereinafter “we”) and the user of timedule (hereinafter the “customer”). The terms apply to the use of the timedule.com website and of the online booking system timedule (hereinafter the “service”).

The service is intended for companies and sole traders. By creating an account you confirm that you are at least 18 years old and that you have the right to represent the company on whose behalf you are creating the account.

2. The service, the trial period and the plans

A new account gets a 14-day free trial period; no payment card is needed for it. After the trial period the service continues once a paid plan is subscribed to.

The prices and content of the plans are in the price list (timedule.com/pricing). The terms of the Enterprise plan are agreed separately in writing and they prevail over these terms.

Unless agreed otherwise in writing, SMS reminders and confirmations are paid for message by message from the account's SMS balance. The SMS prices in force are in the price list.

3. Fees and payment

The subscription renews automatically for the chosen period until the customer cancels it. Payment can be made by card or by bank transfer against an invoice. Card payments are made through our payment and billing partner Paddle (Paddle.com Market Ltd), which for card payments is the official seller (merchant of record), issues the invoice and accounts for VAT; Paddle's terms of purchase also apply to a card payment. When paying by bank transfer, the invoice is issued by OÜ Vessent Inc. The treatment of VAT is shown in the price list and on the invoice.

The subscription can be cancelled at any time in the account settings; the service continues until the end of the period paid for. For the Enterprise plan and other special written agreements, the contract period and termination conditions agreed there apply. Fees paid are not refunded, except where the law requires it.

We may change prices. We notify existing customers by e-mail at least 30 days in advance and the new price applies from the next billing period.

4. The customer's obligations

The customer is responsible for its account, its passwords and its staff's access. The customer may not use the service for unlawful activity, for sending spam, for infringing the rights of others or for disrupting the operation of the service, nor attempt to access the service other than through the interface we provide.

The customer is responsible for the content it enters into the service and for having a legal basis for processing its own customers' data, including, where necessary, consent for reminders, for the questions on the booking form and for the tracking used on its booking page (e.g. Google Analytics, the Meta pixel).

The service may not be used to develop a competing product, to copy its features or for systematic benchmarking; we may close such accounts immediately.

The customer indemnifies us for third-party claims, fines and reasonable costs that arise from the customer's content, from the absence of a legal basis for processing the data of the customer's customers or from a breach of these terms.

5. The customer's data

The data entered into the service by the customer (including bookings and the data of the people who book) belongs to the customer. The customer can obtain its data at any time; for help, write to help@timedule.com.

At the customer's request we delete the account and the customer's data within 30 days, except for data we have to keep longer by law (e.g. invoices).

6. Processing personal data on behalf of the customer

This section is a data processing agreement under Art. 28 GDPR. As regards the data of the people who book and of the customer's staff, the customer is the controller and we are the processor.

• Subject matter, nature, purpose and duration: providing the booking service for the term of the contract.
• Data: the names, contact details, bookings, notes and answers to the questions on the booking form of the people who book and of staff, which may contain special categories of data (e.g. health data) if the customer asks for them.
• Instructions: we process the data only on the customer's documented instructions, which follow from these terms and from the customer's settings in the service; this also applies to transfers of data outside the EEA, which take place only with the safeguards of Art. 46 GDPR. We inform the customer if, in our assessment, an instruction conflicts with the GDPR.
• Confidentiality and security: only persons under a duty of confidentiality have access to the data; we apply appropriate security measures (Art. 32 GDPR).
• Sub-processors: the customer permits the use of the types of sub-processor named in the privacy policy; we will send the exact list on request. We give notice of a new sub-processor (e.g. by updating the privacy policy) at least 14 days in advance and the customer has the right to make a reasoned objection; if no solution is found, the customer may terminate the contract; equivalent data protection obligations apply to sub-processors.
• Assistance: we help the customer to answer data subjects' requests and to meet the obligations of Art. 32–36 GDPR.
• Incidents: we inform the customer of a personal data breach without undue delay after discovering it.
• Termination: at the end of the contract the customer can, on request, obtain its data through the service's export; we delete the data at the customer's request in accordance with section 5, except where retention is required by law.
• Audit: we give the customer the information needed to demonstrate compliance with these obligations and allow an audit with reasonable notice, up to once a year and at the customer's expense.

The processing we carry out as a controller in our own right is described in the privacy policy.

7. Intellectual property

The service, the software, the design and the timedule trade mark belong to OÜ Vessent Inc. We grant the customer a non-exclusive licence for the term of the contract to use the service in its business. The service may not be copied, resold or reverse engineered.

8. Availability and changes to the service

We aim to keep the service available around the clock, but maintenance work and failures beyond our control may interrupt the service temporarily. An availability guarantee (SLA) applies only under an Enterprise contract.

We may develop and change the service. If we stop providing the service, we notify customers at least 30 days in advance so that they have time to take out their data, and we refund the fee paid for the unused period.

9. Limitation of liability

The service is provided as it is. We are not liable for indirect damage, lost profit or loss of data that has not been caused by our intent or gross negligence. Our total liability is limited to the amount the customer has paid us during the 12 months preceding the damage. The limitation does not apply in the case of intent or gross negligence. We are not liable for third-party services (e.g. mobile operators, e-mail services, payment intermediaries) or for the acts or omissions of the customer's customers.

10. Termination of the contract

The customer may terminate the contract at any time by closing the account. We may suspend or close the account if the customer materially breaches these terms or does not pay the fees even after a reminder.

11. Changes to the terms

We may change these terms. We notify account owners of significant changes by e-mail at least 30 days in advance. If the customer does not agree with a change, it may terminate the contract before the change takes effect.

12. Applicable law and disputes

Estonian law applies to the contract. We try to resolve disputes by negotiation; failing agreement, they are resolved in Harju County Court (Harju Maakohus) in Estonia.

13. Contact

OÜ Vessent Inc, Vabaduse väljak 6, 10146 Tallinn. General questions: info@timedule.com; customer support: help@timedule.com; legal and data protection questions: legal@timedule.com.