TIMP Terms and Conditions

Terms and
TIMP conditions

Definitions

In these General Conditions, terms used in capital letters without grammatical justification have the following meaning:

“General Conditions” means these terms and conditions.
“Rules of Use” means the rules of use to be observed by all Users contained in these General Terms and Conditions.
“InApp Payments” means TIMP’s service that allows End Users to manage End User payments from TIMP, without the need to register with third party platforms.
“Terms of Service” means these T&Cs, the Privacy Policy and the Cookie Policy.
“TIMP” means the software developed by TMT with online support (SaaS) and mobile application (App).
“TIMPY” means the TIMP module that allows Professional Users to offer services to TIMPY Users.
“TMT” stands for Time Management Technologies, S.L.
“Users” any user of TIMP, whether End User or Professional User.
“End Users” means, customers of Professional Users, who use TIMP, including TIMPY Users.
“Professional Users” means TIMP user centers and professionals.
“TIMPY Users” means TIMPY end users, who have registered to access the TIMPY application and who make service bookings from offers posted by Professional Users on TIMPY.

Legal information

www.timp.pro is a domain registered by TIME MANAGEMENT TECHNOLOGIES, SL, a Spanish entity with registered office in Valencia 46015, Avenida de Manuel de Falla 12, escalera A local Y, with Tax Identification Number B- 98684186 and registered in the Mercantile Registry of Valencia on November 20, 2014, in Volume 9874 Folio 44. Telephone: 961 167 383. E-mail: contacto@timp.pro.

Introduction

TMT is a technology development company that owns TIMP, software with online support (SaaS) and mobile application (App). With these IT developments, TMT seeks to make it easier for Professional Users to manage reservations, customer CRM, generation of schedules, agendas, calendars, among others. Through TIMP, Professional Users can manage their End Users’ reservations, payments and purchases. Any User wishing to use TIMP must register as a user and generate a password in accordance with the provisions of these Terms and Conditions.

These General Terms and Conditions apply to the provision of services by TMT and govern the access and use of the TIMP online software and mobile application by Users. Please read these General Conditions carefully before contracting TMT services. By signing up, you agree to be bound by these Terms and Conditions.

TMT may unilaterally change any part of the Terms of Service without prior notice to Users to reflect any regulatory changes, changes in the features of TIMP and/or the services offered therein or for any other reason. In any case, the modifications will be published in order to make it easier for Users to read and consult them at all times, and will also be communicated to Professional Users by telematic means.

Once the updated Terms of Service are in effect, you will be bound by them if you continue to use TIMP.

3. Object

The purpose of these General Terms and Conditions is to regulate the use that Users make of the TIMP online software and mobile application.

The relationship between Professional Users and End Users is unrelated and independent of TMT and, consequently, does not bind TMT in any way. TMT is not responsible under any circumstances for the provision of services by Professional Users to End Users or for the fulfillment of the obligations that exist between them, even if they are formalized through TIMP. Professional Users shall adequately inform End Users of their status as providers of the services offered.

4. Registration in TIMP and procedure for contracting by professional users

The use of TIMP, by means of the corresponding registration, attributes the condition of User. The User must accept from the moment of registration the General Conditions reflected here.

For registration, the TIMP software will request from the Professional User the minimum necessary and essential data, which will be treated in accordance with the TMT Privacy Policy.

Access to TIMP by Professional Users shall be carried out remotely through the Internet by means of a user name and password defined by the Professional User, who shall be solely responsible for their safekeeping and proper use.

TMT offers Professional Users the use of TIMP for fifteen (15) days free of charge and without obligation. Once the trial period is over, the Professional User will be able to contract the TIMP service by accepting the particular conditions which will specify, among other aspects, the monthly cost of the chosen plan, term, functionalities and contracted modules. If, on the other hand, at the end of the trial period the Professional User does not proceed to contract the TIMP service, the relationship with TMT will be terminated and, therefore, he/she will no longer be able to access his/her TIMP account.

The Professional User, at its discretion, may activate the registration option for its customers, who may use the TIMP software as End Users, by registering with TIMP. In this case, TMT will access the data provided by End Users during the registration process in TIMP following instructions from the Professional User.

The processing of cancellations of Professional Users shall be carried out in accordance with the provisions set forth in section [*8.]

5. TIMP functionalities and modules

TIMP allows Professional Users to: (i) manage their portfolio of activities/services through an intuitive control panel; (ii) establish their calendar of activities and schedules, manage the calendar of activities of several centers through a single control panel; (iii) create individualized files for each of the professionals/employees of the center in which they can be assigned their respective schedules and sessions; (iv) monitor and check in real time the status of the sessions (capacity, professional and resources assigned to the service, booking status, cancellations, etc.); (v) have functionalities related to accounting and invoicing of their professional activity; (vi) send communications to the End Users with alerts, reminders, proof of payment, etc.); (vii) offer functionalities related to the accounting and invoicing of their professional activity; (viii) offer functionalities related to their professional activity with alerts, reminders, proof of payment, etc.).); (v) have functionalities related to the accounting and invoicing of their professional activity; (vi) send communications to End Users with alerts, reminders, payment receipts, etc.; (vii) offer services to TIMPY Users.

The aforementioned functionalities may be progressively extended or modified in subsequent software updates.

In order to provide some of the functionalities of TIMP and its mobile application or additional modules, TMT must rely on services provided by third parties. In these cases, TMT will previously communicate to the Professional User for his information.

TIMP has different modules for Professional Users, which can be contracted by them at any time by following the instructions that appear in TIMP. The terms and conditions applicable to each module are those indicated below or those indicated in the contracting of other modules. By contracting a module through TIMP, the Professional User accepts the terms and conditions indicated in these General Conditions for each module.

TMT and the Professional Users shall agree from time to time on the particular conditions of the new modules contracted through TIMP. These particular conditions and the present General Conditions will be a single document that will regulate the relationship between the Professional Users and TIMP.

5.1 TIMP Streaming

TIMP offers Professional Users the possibility of configuring services in “Online” mode. These services will allow the Professional User to offer its End Users services that can be enjoyed by videoconference.

Depending on the mode configured by the Professional User in the service settings in the TIMP panel, End Users will be able to broadcast video or not.

The different modalities offered by TMT and their price can be consulted by the Professional User in the configuration of the online session through his TIMP user account. The Professional User should carefully read the terms and conditions applicable to him/her at the time of setting up this service.

TIMP Streaming is a state-of-the-art system that does not need any particular extra software to work (professionals and assistants can use it from any web browser, TIMP Express or TIMP client applications) but as such, it needs a stable internet connection and a device of sufficient quality to be able to process the video. TMT recommends that Professional Users consult the technical recommendations to ensure proper use of the TIMP Streaming service. Likewise, the Professional User shall verify that its technological resources comply with the minimum requirements indicated at the time of the session configuration, in order to guarantee an adequate provision of the service.

TMT for the purpose of facilitating the Professional User the corresponding technical checks makes available a URL through which you can confirm that the service is working properly.

5.2 TicketBAI

TicketBAI is a joint project of the three Regional Treasuries and the Basque Government, whose objective is the implementation of a series of legal and technical obligations that imply that all persons carrying out economic activity must use invoicing software that complies with certain technical requirements.

TMT offers the necessary functionalities in order for our Professional Users to comply with their obligations under TicketBAI. The details of the functionalities provided and their price and payment method can be consulted in the terms and conditions that will be made available to the Professional Users at the time of configuring this module. The Professional user must carefully read the terms and conditions applicable to him/her at the time of contracting this module.

Professional Users declare that they are aware that TMT subcontracts this service to a third party provider specialized in this field, connected with the Regional Tax Authorities. Accordingly, the Professional User acknowledges that TMT shall not be liable for any acts or omissions made by such provider. In any case, if any interruption or deficient provision of the service is brought to the attention of TMT, we will make our best efforts to solve it as soon as possible.

Professional Users are aware and accept, in their capacity as data controllers of their clients’ personal data, that the provider, as sub-processor, will have access to personal data for which TMT is the data processor in order to fulfill the obligations of the Professional Users arising from the TicketBAI system.

5.3 TIMPY

5.3.1. Functionalities

TIMP allows Professional Users to publish offers addressed to TIMPY Users for the telematic booking of their services. To do so, Professional Users must configure in their account the schedules of the services they wish to offer. In order to be able to publish an offer of a service, the Professional User shall follow the steps indicated in TIMPY to publish the information he/she deems appropriate and which shall include, among others, a description of the service offered, the specific final price and indicate, if applicable, whether it is necessary for the TIMPY User to pay for the service in advance in order to make the telematic reservation.

In the event that the TIMPY User activates the geolocation function available in the TIMPY application, the results of their searches as well as the welcome page of the TIMPY application will be adapted to prioritize the most relevant centers and services closest to their location at that time.

5.3.2. Rights and obligations of Professional Users in the use of TIMPY

The Professional User who activates TIMPY is entitled to:

Publish and offer your services on TIMPY.
Add, where appropriate, information and photographs that allow a more precise identification of the services offered.
Raise and solve your doubts or problems derived from the use of TIMPY through the customer service.
Unsubscribe from TIMPY without having to justify your decision and without penalty of any kind.
Use the different fields provided by TIMPY for the description of the services, indicating all the particulars deemed necessary for the TIMPY User to be informed of the terms and conditions of the provision of services.
Configure the bookings you wish to publish in TIMPY indicating, among other things, the number of clients per session, assigned professional, start and end time of each session and for each day of the week.

The Professional User undertakes to:

Verify and check that the services offered through TIMPY comply with the applicable regulations and that in general in the provision of services complies with the administrative requirements that may be applicable.
The offer of sessions in TIMPY will require that the professional assigned by the Professional User is available at the time offered. In the event that the assigned professional is recorded as busy in TIMP in another activity or session in the same offered schedule, TIMPY will show the sessions as blocked and will not allow to accept reservations.
Follow the instructions for the publication of announcements indicated in the following section.
To guarantee the adequate provision of the services in the time and manner indicated in the offer published in TIMPY and to respect the price published in TIMPY for such services.
Not to send TIMPY Users unsolicited commercial information.
Not to manipulate the prices of the services offered on TIMPY or interfere with the advertisements of other Professional Users on TIMPY.
Do not publish, advertise or upload content in an inappropriate category or area within TIMPY.
To comply at all times with data protection regulations in relation to TIMPY Users.

5.3.3. Matters relating to the publication of announcements and the making of reservations

The services offered on TIMPY must at all times comply with the Rules of Use.

The Professional User who wishes to publish an offer of services on TIMPY must take into account that by publishing the advertisement he/she is issuing an offer to provide services which shall be binding as soon as it is accepted by a TIMPY User. The Professional User shall be responsible for the accuracy, content and legality of the published offer.

In order to publish an offer, the Professional User must fill in and complete the various boxes with the information required by TIMPY. For illustrative purposes, you must fill in a box with the final (including applicable VAT) and unchanging price of the service, the description of the service, the cancellation policy and whether the service requires payment in advance. Once the offer has been published on TIMPY and accepted by a TIMPY User, the Professional User may not increase the price of the service or make any changes to the information provided. Once a TIMPY User proceeds to make a reservation for a service offered by the Professional User, the latter must comply with the conditions indicated in the offer and guarantee that the TIMPY User will be able to attend and enjoy said service. TMT is completely unrelated to the contractual relationship established between the TIMPY User and the Professional User.

The Professional User may require the TIMPY User to pay in advance, for which purpose Google Pay on Android devices and Apple Pay on iOS devices must be used. The amount paid in advance by the TIMPY User will be retained in his payment methods until such time as the free cancellation period of the service as configured by the Professional User expires without such cancellation having occurred, at which time it will be released in favor of the relevant Professional User.

TMT may, but shall not be obliged to, review the content that the Professional User intends to publish and, consequently, from the moment the Professional User wishes to publish or modify any content on TIMPY, an indeterminate period of time may elapse until it is actually published. The fact that TMT has the right to review the content and that it does so effectively in no way affects the responsibility for the content, which shall in any case be that of the Professional User.

5.3.4. Prices and payment

The terms of the payment policy and charges for the provision of services contracted through TIMPY shall be clearly indicated in the offer published by the Professional User.

The Professional User may charge the End User at the Professional User’s own premises, by the payment method it deems appropriate, or by the payment method available at TIMP, which shall have been freely designated by TMT.

In the event that the Professional User cancels a service that has been booked and paid for by a TIMPY User, the Professional User shall refund to the TIMPY User any amount charged for the cancelled service.

In case the Professional User offers streaming services through TIMPY, as long as the end user is using iOS, the service shall be charged through Apple in-app purchases. Apple applies commissions to TMT for such services (at this time, 30% of the price of the service paid by the End User) and, consequently, TMT will deliver to the Professional User the amount delivered by Apple (i.e. the price paid by the End User after deducting the commissions applied by Apple).

5.3.5. Commissions

TMT reserves the right to charge Professional Users a fee for managing the collection of TIMPY Users. Such commission will be indicated to the Professional User during the process of requesting the publication of the offer in TIMPY.

5.3.6. TIMPY user comments and service ratings

All Services reserved through TIMPY may be valued by the TIMPY User, in the parameters determined by TMT from time to time.

5.4 Electronic signature functionality

TIMP has an electronic signature system linked to the “contracts” functionality. TMT acts as an unqualified trust service provider, providing an advanced electronic signature service.

The electronic signature provided by TIMP incorporates biometric technology, which makes it possible to capture biometric data from the signer’s graph, such as the speed and pressure of the stroke, emulating a paper signature.

Accordingly, when a signer uses TIMP’s electronic signature, TMT collects the signer’s biometric data on behalf of the Professional Users.

The documentation on which the electronic signature is included shall be drawn up in its entirety by the Professional User. TMT is not involved in the drafting or monitoring of the content of such documentation. The documentation on which the electronic signature is included may include fields to be filled in by the signing End User, such as date fields, checkboxes, etc. The End User must sign in a box provided for this purpose using a digital pencil or his/her own finger. The Professional User can also generate documents that require his own signature.

TMT in no case verifies the identity of the signer nor has the capacity to do so. It is therefore up to the Professional User who collects the signature to verify said identity throughout the process, in order to avoid any type of falsehood or impersonation.

From the moment the document is closed after the required signatures have been collected, TIMP records the signatures in image format and locks the document by recording the date and time of closing.

TMT will keep a copy of the contracts signed by electronic signature, together with the signature itself, from the moment the contract is closed for the duration of the contractual relationship between TMT and the Professional User.

From the time of storage, the file remains unalterable and indivisible. The copy is kept in an encrypted vault to prevent unauthorized access.

At the time of termination of the contract between TMT and the Professional User, TMT shall return the copy of the contracts signed electronically in accordance with the provisions of the Data Processor Agreement that TMT and the Professional User sign at the time of registration of the Professional User as a user of TIMP.

TMT shall not be liable for any damages caused to Professional Users or End Users if either of them incurs in any of the cases provided for in Regulation (EU) 910/2014 or in Article 11 of Law 6/2020, of November 11, regulating certain aspects of electronic trust services.

The End User will be previously informed about the use and processing of his biometric signature for the signature of documents through TIMP, and must freely, expressly and unequivocally accept the use, processing and storage of his biometric personal data (Special category of personal data) by TMT (as data processor) and on behalf of the Professional Users, who will apply the necessary measures for their custody and security in accordance with the data protection regulations and for the purposes expressed in the Privacy Policy.

Likewise, once the express consent to the processing of these biometric data has been obtained, they will be encrypted within the document and may not be used by TMT under any circumstances, without prejudice to the exceptions provided for by the regulations on the protection of personal data.

5.5 InApp Payments

Professional Users who so wish may manage End User payments through TIMP and/or TIMPY. This payment management will be carried out directly by TMT (through a duly authorized payment service provider), so the Professional User shall not create accounts in external payment managers.

TMT will be responsible for executing the collection orders issued by the Professional User through InApp Payments. TMT will not proceed to verify neither the pertinence of the payment nor the refund ordered by the Professional User. All information uploaded is the responsibility of the Professional User, who must first confirm that the information and order issued is correct. In this regard, TMT shall be completely unaware of any dispute or controversy that may arise between the Professional User and its End Users in relation to the charges made.

The fees and/or commissions that TMT will charge the Professional User for this service and the method of payment will be those indicated in the particular conditions that the Professional User must accept prior to contracting this service. TMT may pass on to the Professional User any other fee, commission or charge applied by the payment service provider for any concept related to the provision of the service to the Professional User.

6. Payments from End Users to Professional Users

As determined by the Professional Users, in TIMP their End User customers may make the payment for the services contracted through TIMP, through the payment platform managed by the provider established by TMT, or pay directly to the Professional User through the payment method freely designated by the Professional User. In case the payment is made through TIMP, TMT will manage the collection on behalf of the Professional Users, who will have to pay the agreed commissions.

Professional Users are responsible for setting the prices of the services they offer to End Users through TIMP, and are also responsible for invoicing or issuing the corresponding ticket in accordance with the applicable regulations regarding invoicing obligations.

Compliance with the tax obligations arising from the collection of payments from End Users is the sole responsibility of the Professional Users.

By using TIMP the Professional User agrees to comply with all applicable regulations and undertakes to report the collection of all charges obtained in connection with the use of TIMP to the competent tax authority. TIMP recommends that Professional Users seek professional advice to ensure that they comply with all applicable tax regulations.

7. Cost of the service

The cost of TIMP plans and the contracting terms, as well as their extensions, will be duly indicated to the Professional User prior to their contracting, for the corresponding acceptance and processing of their registration. The form of payment will be the one selected by the Professional User from the options offered by TMT. The option selected by the Professional User will be duly reflected in the particular conditions accepted by TMT and the Professional User at the time of contracting the services.

7.1. Cost of optional modules

TMT offers Professional Users the possibility to purchase optional modules to be integrated into TIMP. In case the Professional User activates any of the optional modules through his/her TIMP user account, he/she will be previously informed of the cost of the service, scope of the chosen plan, applicable commissions, payment method, permanence, among other aspects.

7.2. Monthly payment collections

The Professional User is aware at all times through the “My Plan” section of the monthly fee to be paid.

7.3. Unpaid

In the event of non-payment by the Professional User, TMT reserves the right to cease providing the service if, after seven (7) calendar days from the first non-payment, the fee remains unpaid. In such an event, TMT may proceed to block the Professional User’s access to the online software, as well as to the mobile application(s). Without prejudice to this blocking, the Professional User may download the personal data for which he/she is responsible. For such purposes, you should contact TMT at the e-mail address soporte@timp.pro.

The Professional User must proceed to make the payment of the unpaid fee within a maximum period of fifteen (15) calendar days from the start of the blockade, if not proceed to make such payment, TMT reserves the right to terminate the contractual relationship established with the Professional User and, where appropriate, to initiate legal actions that apply in law. Upon termination of the contractual relationship between the Professional User and TMT in this event of non-payment, any entitlement for TMT as data processor to access the personal data for which the Professional User is responsible shall cease. Thus, in compliance with data protection regulations, TMT will proceed to delete the personal data it processes on behalf of the Professional User.

8. Termination of Professional Users

Professional Users may request their cancellation as TIMP users by notifying TMT fifteen (15) days prior to the next charge of the corresponding plan. The user can unsubscribe through the “organization settings” section > “plan and invoices” > “my plan” > “Edit” > “Cancel plan”. Upon receipt of the communication TMT will proceed to take the necessary steps to meet the cancellation request.

In relation to the personal data for which the Professional User is responsible and to which TMT has access in its capacity as data processor, TMT will proceed to the return, destruction or delivery to a new data processor according to the instructions that the Professional User sends to TMT. In the absence of instructions, the provisions of the Data Processor Agreement signed between TMT and the Professional User at the time of registration as a Professional User of TIMP or TIMPY shall apply.

9. Rules of use

Users must comply with the following rules of use:

Not to use TIMP in any way, for any purpose or effect contrary to law, morality and generally accepted good customs or public order.
Do not use TIMP except for your personal use and do not sell, assign, transfer or share the account.
Not to perform acts that may violate any intellectual or industrial property rights belonging to TMT.
Not to reproduce, copy, record, share, communicate, distribute, allow access to the public through any form of public communication, transform or modify the contents published on TIMP or create derivative works of any content.
Not to use the information of any kind obtained through TIMP to send advertising, communications for direct marketing purposes or for any other commercial purpose.
Do not impersonate another person or organization.
Do not use disrespectful or offensive language or use the platform to intimidate, harass or threaten anyone.
Not to present, quote and recommend companies or web portals and in general not to carry out marketing or spamming actions.
Do not upload, post, display or share any content that:
- gives the impression that it is approved, endorsed or supervised by TMT;
- contains or refers to personal data or information of any person;
- show, include or refer to any person if his or her express consent has not been obtained;
- advertises or publicizes goods, services or image of third parties;
- is unlawful, fraudulent, defamatory, discriminatory, threatening, harassing, encouraging or promoting violence or any illegal activity;
- depicts, promotes or refers to pornography, violence in any form, drugs, weapons, scatological material or similar content;
- contains, promotes or refers to any hate speech against any individual or group;
- promotes or is related to commercial activities or sales of third parties.
Not to use or engage in conduct that is misleading or deceptive to any User.
Do not impersonate TMT or its employees or any other User.
Do not knowingly introduce into TIMP any element that could be malicious, such as viruses, Trojans, etc.
Do not attempt to discover the TIMP source code in any way.

Violation of these rules of use may result in suspension of access to use TIMP. In this case, TMT will communicate to the User the suspension of his access and the reasons for such suspension. TMT will in all cases observe the rights of Users in accordance with the applicable regulations.

10. Intellectual property and license of use

TMT is the owner of TIMP, the associated mobile application, its manuals and any other related material, as well as, but not limited to, the contents accessible through the website www.timp.pro, TIMP and its app, trademarks and other distinctive signs. The industrial and intellectual property rights associated with these intangible assets are owned by TMT, which has the exclusive exercise of the rights of use and exploitation in accordance with the applicable regulations.

The license to use the TIMP software and mobile application is granted to the Professional User on a non-exclusive and non-transferable basis for the same duration as the contracted plan. In any case, this license of use is limited to allow the Professional User the use and enjoyment of TIMP and the mobile application under the contracted terms. It is expressly prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate TIMP and the mobile application or any part thereof, reverse engineer the source code of TIMP and its mobile application. It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, publish contents or distribute in any way all or part of the contents included in the website. www.timp.proTIMP and its mobile application, for commercial purposes or of any other nature, without the express written authorization of TMT or, as the case may be, of the holder of the corresponding rights.

Upon termination of the relationship between TMT and the Professional User, any license or authorization of use granted by TMT to the Professional User under these Terms shall immediately cease.

11. Upgrades and technical support

TMT will adapt TIMP according to those modifications or updates it deems necessary or convenient. Updates will be applied automatically as set by TMT.

TMT does not guarantee the permanence of the current functionalities of the software in the same state in which they currently are, being able to carry out at any time the updates or modifications that it considers convenient.

TMT will answer any questions regarding the functioning and operation of the TIMP software by means of an e-mail service at soporte@timp.pro.

12. Obligations of TIMP and professional users

These are obligations of TMT:

To allow the Professional User to use the TIMP online software and mobile application for the purposes described in the third section of these conditions and in the specific conditions.
To allow the Professional User access to information held by TMT on appointment bookings made by Users.
Display in TIMP the information entered by the Professional User as well as any modifications that may be made by the Professional User.
Deposit in the bank account owned by the Professional User the amount resulting from subtracting from the amount paid by the End User in payment of the voucher purchased the amount corresponding to the commission in favor of TMT according to the agreed percentage.

The Professional User has the following obligations:

Maintain updated your Professional User profile in TIMP rectifying, if necessary, your personal data, name or company name, NIF, address, bank details or any other data required by TMT in TIMP, in addition to maintaining the prices, sessions and services offered through TIMP, updated.
Pay the installment corresponding to the contracted plan, in the agreed term and form.
Receive and attend to any kind of claims from third parties related to the services provided by the Professional User as well as those related to the updating of published prices and services.
The Professional User shall also have all economic, intellectual or industrial property rights with respect to the contents included in TIMP.
The Professional User shall indicate in TIMP its policy of changes, cancellations and refunds, so that the End User may be aware of such policy before making the payment. Inform End Users of its privacy policy in a timely manner.
The Professional User shall meet the User’s requests for cancellation, refund or change of the contracted service in accordance with the cancellation, change, refund and return policy published by TIMP, observing, in any case, the provisions of these general conditions regarding the return policy for End Users.
Grant the corresponding authorizations so that TMT may, directly or through the collection service providers that TMT selects, through TIMP, manage the collection of payments made by the End User in consideration for the acquisition of services or vouchers redeemable for services rendered in the Professional User’s center/s.
Allow TMT, directly or through collection management service providers that TMT selects, to deduct from the amount paid by the User the amount corresponding to the fee for the collection management service in accordance with the provisions of these conditions.
Provide the End User with the invoice, ticket, or fiscal document to be generated as a result of the acquisition by the End User of the service or voucher redeemable for the services provided at the Professional User’s center, with expression of the total amount, without subtracting the commission invoiced by TMT, and VAT, if applicable.
To have all the necessary permits and administrative authorizations in force.
Use TIMP for lawful purposes and in compliance with current regulations; in particular and without limitation, use TIMP in accordance with the provisions of Law 11/2021, of July 9, on measures to prevent and combat tax fraud and with the tax regulations in force at any given time.
Make diligent use of the content and services accessible from TIMP.

13. Responsibility

TMT shall ensure, to the extent reasonably possible, and within the limitations set forth in these Terms, the proper functioning of the TIMP software. However, TMT will not be responsible for possible interruptions in access that occur for reasons beyond its control, such as incidents in communication networks, program maintenance tasks, troubleshooting, among others, although it will make every effort to ensure that they do not occur. For those scheduled or known interruptions, TMT will give reasonable notice to the Professional User, declining any responsibility for the impossibility of access to the software by the Professional User.

TMT is a mere intermediary service provider and therefore shall not be responsible for the contents that the Professional User may host in his TIMP account. Any damage or harm that may be caused to third parties by the contents or information hosted by the Professional User on TIMP shall be the full responsibility of the Professional User. TMT will act with due diligence as soon as it becomes aware of the infringement of third party rights.

TMT is not a party to the contractual relationship established by each of the Professional Users with their corresponding End Users, and therefore shall not be liable to such End Users. The Professional User is solely responsible for fulfilling its obligations to End Users. By way of example and not limitation, TMT will not be responsible for the proper provision of the services offered by the Professional User, even when using TIMP for the management of reservations, agendas and end users, nor for those whose payment has been managed through TIMP, without prejudice to the provisions of these conditions regarding the refund policy.

TMT does not exercise any control over the content that Professional Users may post and assumes no responsibility for such content and has no obligation to supervise or monitor such content. The Professional User is solely responsible for the content he/she makes public.

Likewise, and in the event of a claim by the End User, the Professional User releases TMT from all liability. In this regard, the Professional User acknowledges that, in the event of a claim by the End User against TMT, the End User will be directed by TMT to the Professional User for the purpose of pursuing the claim.

In the event of a claim by the Professional User for non-compliance and/or damages of any kind arising from the use of TIMP, the Professional User agrees that TMT shall be liable up to the maximum amount of the monthly fee paid by the Professional User for the period in which the incident occurred or the damage was caused.

The Professional User accepts and acknowledges that any claims that may be made by the User regarding the quality or diligence in the provision of the service rendered by him/her shall be assumed by the Professional User.

Furthermore, the Professional User declares that he/she is aware that TIMP software is not designed to meet his/her particular needs but is intended for the fulfillment of a general purpose. There is no guarantee that the benefits of the program are those that, in the opinion of the Professional User, should be fulfilled, or that they respond to the particular needs of the Professional User.

14. Prohibitions

Any use different from the purpose of TIMP indicated in the present conditions is prohibited, and the Professional User shall be liable for any damages caused as a consequence of the breach of any of the obligations included in the present conditions.

The total or partial reproduction of TIMP software, even for personal use, by any means and under any form, permanent or transitory; the translation, adaptation, arrangement or any other transformation and reproduction of the results of such acts and any form of public distribution, including the rental of the software or any transfer of use to unauthorized third parties or reverse engineering to TIMP is prohibited.

These acts constitute an infringement of TMT’s exploitation rights, and may constitute a crime against intellectual property.

15. Data Protection

The data provided by Professional Users in their capacity as clients of TMT are treated in accordance with the provisions of TMT’s Privacy Policy, published at https://www.timp.pro/politica-de-privacidad.

The provision of the services covered by these Terms and the particular conditions by TMT to Professional Users involves access by TMT to personal data for which the Professional User is responsible. In this regard, in compliance with data protection regulations, TMT and the Professional User must sign the data processor contract that TMT makes available to Professional Users at the time of registration with TIMP. This contract sets out the instructions that TMT must follow in order to process personal data on behalf of the Professional User.

16. Configuration of personal information

From TIMP it is possible for End Users and Professional Users to access and update their profile information, both through the web application and through the mobile application. These changes will take effect immediately once saved and will be received by TIMP for further use.

An End User can request the Professional User with whom he/she has contracted services to unsubscribe through the mobile application, from the “Request Unsubscription” menu. The Professional User shall contact the End User to indicate the steps to be followed.

18. Nullity or ineffectiveness of the clauses.

If any clause that has been included in these Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall affect such provision or, as the case may be, the part of the same that is null or ineffective, and such provision shall be considered totally or partially not included, and the other agreements included in the Conditions shall be enforceable.

19. Applicable law and jurisdiction

These Conditions shall be governed by and construed in accordance with Spanish law in all matters not expressly set forth herein.

For the resolution of any dispute between TMT and the Professional User arising from the interpretation, execution or enforcement of these conditions, the courts and tribunals of the city of Valencia shall have jurisdiction, expressly waiving any other jurisdiction that may apply.