TIMELY TERMS OF SERVICE FOR BOOKING PRODUCT
(MODIFICATION DATE: 07/01/2020)
Each time you take part in a Beta for Timely Booking, this Agreement will apply.
From time to time, we may test Timely Booking features and make them available to you under these Beta Testing Terms (each, the “Beta Timely Booking”). You agree that these Beta Testing Terms are separate and independent agreements of Timely Terms of Service.
2. Beta Test Participation
You’re agreeing, as part of your participation, that Timely is not responsible for any issues you may experience. We have the right to end the Beta or your participation at any time.
We ask that you provide feedback as part of the Beta. We have the right to incorporate any feedback you provide into our products or services without compensation or acknowledgment to you.
As the Beta Timely Booking is still in a testing phase, it is likely to contain errors. You agree that the Beta Timely Booking is provided “AS IS” and “AS AVAILABLE.” You understand and agree that we may change, withdraw, terminate your access to, testing of and/or use of, or discontinue the Beta Timely Booking (or any portion thereof) at any time and in our sole discretion. During the term of these Beta Timely Booking, you will use commercially reasonable efforts to provide suggestions, comments or ideas and report issues or problems related to your use of the Beta Develop Tools (collectively, “feedback”) to us in a timely basis or as otherwise agreed between the parties in writing (email will suffice). You agree not to disclose feedback to any third party and hereby assign to us all right, title and interest in and to any feedback, without any right to compensation or other obligation from us.
Your participation in the Beta is subject to confidentiality. Do not share information about your participation or the Beta Timely Booking with other parties.
Confidential Information” means any and all information disclosed by us to you, or accessed or provided by you, relating to the Beta Timely Booking, including your use thereof, the relationship contemplated herein, feedback, except to the extent made public by us. You agree that you: (a) Beta Timely Booking hereunder; (b) will maintain Confidential Information in strict confidence and will use the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than commercially reasonable care; and (c) will not disclose the Confidential Information to any person or entity other than those who need access to such Confidential Information to effect the intent of these Beta Testing Terms and who are bound by written confidentiality obligations at least as protective as those set forth in this section; provided, however, that you will remain responsible for each such person’s or entity’s compliance with and breach of the confidentiality terms herein. You will not make any public announcements related to the Beta Timely Booking without our prior written approval, which we may grant or withhold in our sole discretion. This confidentiality provision supersedes any prior agreements between the parties solely with respect to Confidential Information hereunder.
3.2 Grant of License
Subject to acceptance and continuing adherence to these Terms, Timely grants you a limited, non-transferable, nonexclusive, revocable license to access, use, and interact with Timely Services as set forth in this Agreement. Any other rights not expressly granted to you by Timely in this Agreement are reserved to Timely.
In consideration of the Services provided to you by Timely, you shall pay Timely the non-refundable Subscription fees in the amounts and on the terms set forth in Timely’s current Priciing Schedule available at https://time.ly/pricing/ or by invoice from Timely. Payment in full of any invoice is due the later of your receipt of the invoice or the due date stated on the invoice. If Timely does not receive payment in full of any Fees when due, then Timely in its sole discretion may terminate your account with Timely.
These Terms will last from when you agree to them until they end as described in this Section. Either party may terminate these Terms at any time.
With respect to each Beta Timely Booking, the term of these Beta Testing Terms will begin on the Effective Date and will continue until the end of the testing of such Beta Timely Booking, which occurs on the earlier of (i) the date specified by us in our sole discretion, or (ii) the date we (in our sole discretion) make such Beta Timely Booking generally publicly available (after which any permitted use is subject to our Online Terms of Service and not these Beta Testing Terms). These Beta Testing Terms as applied to the Beta Timely Booking may be terminated by: (a) us with cause immediately upon written notice to the other party; or (b) by either party without cause upon thirty (30) days’ prior written notice to the other party. Sections 2, 3, 5 and 6 of these Beta Testing Terms will survive any termination or expiration of these Beta Testing Terms.
These terms only apply to your use of the Beta Tool. Any other terms you have agreed to with Timely still apply.
Timely’s liability under this Agreement is limited to $10.
6. Modification of the Terms
We can change these Terms at any time, with or without notice
You agree that your use of the Beta Timely Booking is subject to our Terms of Service. For clarity, to the extent these Beta Testing Terms conflict with the Terms of Service, the Beta Testing Terms will govern with respect to your use of the Beta Timely Booking to the extent of the conflict. As between the parties, we retain exclusive ownership of the Beta Timely Booking. Notwithstanding (and in further limitation of) the liability cap in the Beta Test Terms, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY ACCESS TO, TESTING OF OR USE OF THE Beta Timely Booking OR THESE Beta Testing Terms SHALL NOT EXCEED TEN DOLLARS ($10) and IN NO EVENT WILL WE BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY OR OTHER SIMILAR DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. We may make changes to the Beta Testing Terms at any time with or without notice (however we will use our best efforts to notify of you any new changes) to you and by continuing to access or use the Beta Booking Timely after any update to these Beta Testing Terms, you agree to be bound by them.