Legal
Customer service agreement
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The agreement
This agreement is between Timastra LLC, 5830 E 2nd St, Ste 7000 #38687, Casper, WY 82609, US ("Timastra"), and the business that subscribes to a Timastra hosted product ("the customer"). It covers Timastra Collect, Inventory, Expenses, HRIS, Bookings, Commerce, Sentinel and Schedule Online. It includes the product's terms, privacy and billing pages and, where personal data is processed for the customer, the data processing agreement. Purchases through Paddle checkout are also subject to Paddle's buyer terms, because Paddle.com Market Ltd is the merchant of record. The customer accepts this agreement by ticking the acceptance box at signup or checkout or, where no box is shown, by using the product. The person accepting must be authorized to bind the customer and be at least 18. The products are for business and organizational use only; this is not a consumer contract.
Accounts and permitted use
The customer may use the product for its own internal business during the subscription, within its plan limits. The customer is responsible for its users, their sign-in details and what they do. Do not use the product unlawfully or fraudulently; to send spam; to infringe anyone's intellectual property or privacy; to access another organization's data; to upload malware, probe, scan or test systems without authorization; to scrape the service or interfere with its security or operation; or to resell it without written permission.
Customer data
The customer keeps all rights in the data it puts into the product and grants Timastra only the rights needed to provide, secure, back up and support the product. The customer is responsible for having the right to use that data. Timastra hosts it in Singapore, as the sub-processor list describes, and does not sell it or use it for advertising. The customer can export its data before the subscription ends.
Fees, renewal and cancellation
Fees are those shown at checkout or in a written offer. Subscriptions renew automatically for the same period (monthly, or yearly for Schedule Online) until cancelled. Cancel before the next renewal through the billing portal or by emailing support@timastra.com; access continues to the end of the paid period. Refunds follow the product's billing page and Payments & refunds. Timastra will give at least 30 days' notice of a price increase before it applies at renewal.
Availability and support
Timastra uses reasonable efforts to keep the product available, but maintenance and interruptions may occur; current status is on the status page. Support is by email at support@timastra.com, and we aim to acknowledge requests within 2 business days. No service-level credit applies unless agreed in writing.
Intellectual property
Timastra and its licensors own the product and its software. Feedback may be used without obligation. Nothing in this agreement transfers ownership of either party's intellectual property.
Suspension and termination
Timastra may suspend or end access for a material breach of this agreement, for unpaid fees, for a security or fraud risk, or for repeated or serious policy violations, and will tell the customer promptly. Either party may end the agreement if the other materially breaches it and does not fix the breach within 30 days of notice. After termination, the customer's data is handled as the data processing agreement and the product's deletion page describe.
Warranties and liability
The product supports the customer's own work; forecasts, payroll and tax worksheets, security findings and similar outputs must be reviewed by the customer and are not professional advice. Except as stated in this agreement and to the extent the law allows, the product is provided as is. Neither party is liable for indirect or consequential loss, and each party's total liability is limited to the fees the customer paid in the 12 months before the claim. These limits do not apply to fraud, wilful misconduct, the customer's obligation to pay fees, either party's indemnity obligations, or where the law does not allow them.
Indemnity
Timastra will defend the customer against a third-party claim that the product, as provided, infringes that party's intellectual property, and pay any resulting damages finally awarded, unless the claim arises from customer data, a combination with something Timastra did not provide, or a modification by the customer. The customer will defend Timastra against a third-party claim arising from customer data or from use of the product in breach of this agreement. The party seeking defense must notify the other promptly and allow it to control the defense.
Governing law and disputes
This agreement is governed by the laws of the State of Wyoming, US, without regard to its conflict-of-law rules. The parties will first try to resolve a dispute by email in good faith for 30 days. After that, the state and federal courts located in Wyoming have exclusive jurisdiction, unless the parties agree in writing to another forum or to arbitration. Mandatory local-law rights are unaffected.
Changes
Timastra may update this agreement with at least 30 days' notice by email for material changes. Continuing to use the product after the change takes effect accepts it; a customer who does not agree can cancel before then.
General terms
This agreement, with the documents it incorporates, is the entire agreement about its subject and replaces earlier proposals. On the processing of personal data the data processing agreement prevails; otherwise this agreement prevails over product pages. Neither party may assign it without consent, except to a successor of its business. Neither party is liable for delay caused by events beyond its reasonable control. If a term is unenforceable, the rest remains in force. Notices to Timastra go to hello@timastra.com and to the customer at its account email. Terms that by their nature should survive termination, including fees owed, data handling, liability and indemnity, survive.