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Marcel Otto

TIMIFY has replaced our paper appointment book. We are now much more organised! We love having daily and weekly overviews, so we can quickly see what our schedule look like.

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Markus Olivier

Thanks to TIMIFY we’ve increased our bookings by 20%! Our patients love being able to arrange their appointments so quickly, and when it suits them. Plus the desktop app makes managing our admin so much easier.

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Imprint ×

TerminApp GmbH

CEO: Andreas Knürr

Sperberstr 23

81827 Munich

Germany

Contact

Phone: +49 (0)89 - 411 4715 51

Fax: +49 (0)89 - 411 4715 20

Email: info{at}terminapp.de

Website: www.timify.com

Incorporation

Registration in the Register Court: Munich, Germany

Register number: HRB 199929

Tax identification number according to §27a Value Added Tax Act: DE 283872030

Disclaimer

Our site contains links to external websites, over which we have no control. Therefore we cannot accept any responsibility for their content. The provider or operator is always responsible for the content of linked pages. The linked sites were checked at the time of the linking for possible legal violations. Illegal contents were not recognizable at the time of the linking. A permanent control of the linked pages is unreasonable without concrete evidence of a violation. Upon notification of violations, we will immediately remove such links.

DIRECTORIES PHILIPPINES CORPORATION

15th Floor DPC Place, 2322 Don Chino Roces Avenue

Makati City, Philippines 1231

Phone: +63 (02) 555-8500

Fax:

Email: yptimify{at}yellow-pages.ph

Website: yp.timify.ph

Disclaimer

Our site contains links to external websites, over which we have no control. Therefore we cannot accept any responsibility for their content. The provider or operator is always responsible for the content of linked pages. The linked sites were checked at the time of the linking for possible legal violations. Illegal contents were not recognizable at the time of the linking. A permanent control of the linked pages is unreasonable without concrete evidence of a violation. Upon notification of violations, we will immediately remove such links.

Privacy Policy ×

Privacy Policy

TerminApp GmbH, Sperberstr. 23, D-81827 Munich, Germany (“TIMIFY”) operates an online booking solution. Entrepreneurs registered in the online booking solution (“Service Providers”) can via this online booking solution make non-binding appointments available for their services visible and bookable online. Visitors of the online booking solution have the possibility to view the non-binding appointments for services which are shown as available via the online booking solution and to book such non-binding appointments as registered users (“Bookers”).

The online booking solution can be accessed via the TIMIFY website (http://www.timify.com) (“Website”) and via apps available for certain mobile devices and desktops (hereinafter “Apps”). TIMIFY also offers the possibility of integrating the online booking solution into the websites of Service Providers (“TIMIFY Button”) and into the online presence of Service Providers on certain third-party platforms (“TIMIFY Widget”).

TIMIFY attaches great importance to the protection of your personal data and only collects, processes and uses the personal data of users (visitors, Bookers and Service Providers) of the online appointment booking (“Users”) to the extent and for the purposes described below, and in compliance with applicable data protection laws.

A. All Users (visitors, Bookers and Service Providers)

TIMIFY collects and uses the personal data of Users of the online booking solution to the extent and for the purposes described below.

I. Accessing the online booking solution

When you access the online booking solution, your device for technical reasons transmits data to the web server of TIMIFY. The following data for communication between your device and the web service are only temporarily collected and used for the purpose of transmitting the information you have requested to you and are for technical reasons required for this:

  • your IP address,
  • the online booking solution content you have requested.

You device normally as standard also transmits the following information, such as:

  • the last website accessed by you from which the request comes (link, i.e. “referrer”),
  • information about your browser, your operating system, your language settings etc.

TIMIFY does not have any influence on the automatic transmission of this data. You can normally adjust your device’s default settings with respect to the transmission of this information.

II. Cookies

TIMIFY uses “cookies” on its website. Cookies are small text files which are stored in your browser’s cache. The language chosen by you, for example, can be saved based on the information contained in the cookies.

In your browser programme you can completely deactivate the use of cookies or deleted cookies which have already been saved. TIMIFY would advise you, however, that some areas of its website may then no longer function or no longer function properly.

III. Web analysis

TIMIFY uses Google Analytics, a web analysis service of Google Inc. (“Google”), on its website. Google Analytics uses “cookies”, text files, which are stored on your computer and facilitate an analysis of your use of the website. The information generated by the cookie relating to your use of the website is normally transmitted to a Google server in the USA and stored there. IP anonymisation is activated on the website so that the IP addresses of Users are shortened beforehand by Google within Member States of the European Union or in other countries party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a server of Google in the USA and shortened there. This information is used by Google on behalf of TIMIFY to analyse the use of the website by Users, to compile reports on website activities and to provide TIMIFY with other services relating to the website and Internet use. The IP address transmitted by your browser in connection with Google Analytics is not combined with other data by Google. You can prevent cookies being stored by adjusting your browser’s settings accordingly; in this case, you may not be able to use all functions of the website fully. Users can also prevent the collection of the data created by the cookie which relate to their use of the website (including their IP addresses) by downloading and installing the browser plugin available from this link: http://tools.google.com/dlpage/gaoptout?hl=en.

You can also prevent data collection by Google Analytics by clicking on the following link. This sets an “opt-out cookie” which prevents the future collection of your data when you visit the website as long as you leave this cookie stored in your browser and provided you use a browser with which you clicked on this opt-out link: Deactivate Google Analytics.

IV. Use of the contact form

You can contact TIMIFY directly by using the contact form provided in the online booking solution. TIMIFY only uses the information collected from you via the contact form to process your specific request.

B. Bookers

If you use the online booking solution as a Booker, TIMIFY also collects and uses personal information to the extent and for the purposes described below.

I. Type and extent of data collection and use

If you are registered in the online booking solution as a Booker, TIMIFY collects and uses the following master data relating to you:

  • First and last name
  • Title
  • Mobile telephone number
  • E-mail address
  • Password

TIMIFY also collects the following data when non-binding appointments for services provided by Service Providers are booked by Bookers:

  • Selected Service Provider
  • Selected services
  • Selected employee of the Service Provider
  • Selected booking times

II. Purpose of data collection and usage

TIMIFY uses the data collected from Bookers to provide the services of TIMIFY described in more detail in the Terms of Use for Bookers, in particular to provide the online booking solution. In the event that non-binding appointments for services from Service Providers are booked, TIMIFY transmits the data provided by Bookers to the relevant Service Provider.

TIMIFY also uses the data collected from Bookers in anonymised form for statistical purposes to further develop and improve the online booking solution. TIMIFY also transmits anonymised data to the Service Provider for statistical purposes.

If the Booker has given his/her express consent to this, TIMIFY and Service Providers can also use the personal data collected from Bookers to provide the Booker with individualised information tailored to the Booker’s needs about products and offers of TIMIFY or the Service Provider by e-mail or in the form of notifications in the online booking solution.

You can revoke this consent with future effect free of charge by sending an e-mail to it@TIMIFY.de or by written notice (specifying the e-mail address to be removed) to the address specified in the Legal Notice.

C. Service Providers

If you use the online booking solution as a Service Provider, TIMIFY also collects and uses personal data to the extent and for the purposes described below.

I. Type and extent of data collection and use

If you register yourself as a Service Provider for the “Classic Version” of the online booking solution, TIMIFY collects and uses the following master data relating to you:

  • Company name, industry and country
  • First and last name
  • Telephone number
  • E-mail address
  • Password

If you register yourself as a Service Provider for the “Premium Version” of the online booking solution, TIMIFY also collects the following additional master data relating to you:

  • Address
  • Invoice data

II. Purpose of data collection and usage

TIMIFY uses the data collected from Service Providers to provide the services of TIMIFY described in more detail in the Terms of Use for Service Providers, in particular to provide the online booking solution.

TIMIFY also uses the data collected from Service Providers in anonymised form for statistical purposes to further develop and improve the online booking solution.

If the Service Provider has given his/her express consent to this, TIMIFY can also use the personal data collected from Service Providers to provide the Service Provider with individualised information tailored to the Service Providers’s needs about products and offers of TIMIFY or partner companies of TIMIFY by e-mail or in the form of notifications in the online booking solution.

You can revoke this consent with future effect free of charge by sending an e-mail to it@TIMIFY.de or by written notice (specifying the e-mail address to be removed) to the address specified in the Legal Notice.

III. Contract data processing

TIMIFY provides the online booking solution to the Service Provider as software as a service. In this respect, TIMIFY only has the function of a technical platform operator without any specific influence on the use of the service by the Service Provider.

If TIMIFY collects, processes or uses personal data, for example employee or customer data, to provide services for the Service Provider, this only takes place on behalf and in accordance with the strict instructions of the Service Provider and on the basis of a separate data processing agreement (Section 11 German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). TIMIFY is in this respect responsible for meeting the obligations of TIMIFY under the data processing agreement. The Service Provider is as data controller otherwise responsible for compliance with data protection regulations.

D. Use of specialised service companies

TIMIFY cooperates with specialised service companies in order to provide certain services (in particular for sending e-mails, and for hosting the online booking solution). These service companies process your personal data on behalf and in accordance with the instruction of TIMIFY in accordance with Section 11 of the German Federal Data Protection Act and guarantee compliance with data protection regulations and the required security measures. Furthermore, the service companies only receive such information of TIMIFY as is required for the relevant purpose of the service provided by the service company. TIMIFY use Braintree to securely handle credit card information. Braintree is a Validated Level 1 PCI DSS Compliant Service Provider.

E. Protection of your data

TIMIFY protects the online booking solution and IT systems against loss, destruction, unauthorised access, the amendment or distribution of your data by unauthorised persons with appropriate technical and organisational measures.

F. Right to information and the correction, blocking and deletion of your data

You have the right to obtain information free of charge about the data stored in connection with your person and, if applicable, the right to the correction, blocking or deletion of this data.

You can revoke any consent given by you to the collection, processing and use of data at any time with future effect.

TIMIFY is available to answer any questions you may have regarding data protection and the processing of your personal data. You can contact TIMIFY at the e-mail address it@TIMIFY.de. You can also naturally contact TIMIFY by using the contact data set forth in the Legal Notice.

G. Amendments

TIMIFY reserves the right to amend this Privacy Policy from time to time. Amendments to this Privacy Policy will be published in the online booking solution. Any amendments apply as of their publication in the online booking solution. TIMIFY therefore recommends that you visit the online booking solution regularly to inform yourself about any amendments which may have been made.

Terms of use ×

Terms of Use

Terms of Use for Service Providers

Preamble

(1) TerminApp GmbH, Sperberstr. 23, D-81827 Munich, Germany (“TerminApp”) operates an online booking solution for appointments. Entrepreneurs registered in the online booking solution (“Service Providers”) can make non-binding appointments for their services visible online, and offer online booking thereof, through the online booking solution. Visitors of the online booking solution have the possibility to view the available non-binding appointments for services offered by Service Providers through the online booking solution and to book such non-binding appointments for services as registered users (“Bookers”).

(2) These Terms of Use will become part of the contract between the Service Provider and TerminApp for the services to be delivered by TerminApp in connection with the online booking solution.

(3) TerminApp provides services for Service Provider only to entrepreneurs within the meaning of Sect. 14 of the German Civil Code (Bürgerliches Gesetzbuch – BGB). Consumers within the meaning of Sect. 13 of the German Civil Code are not entitled to use TerminApp services for Service Providers.

1. Subject matter and services

(4) TerminApp provides the Service Provider with a free basic version of the online booking solution (hereinafter “Classic Version”) or, against charge, with an enhanced version with additional features (hereinafter “Premium Version”).

(5) Service Providers can access the online booking solution as a “software as a service” through the TerminApp website (https://www.timify.com) (“TerminApp Website”). As part of the Premium Version, TerminApp also provides Service Providers with apps for mobile devices easing access to the online booking solution from certain mobile devices (“Mobile Apps”). In addition, as part of the Premium Version, TerminApp also provides Service Providers with an application which can be installed on desktop systems and allows offline administration of the online booking solution (“Desktop Apps”). The range of features of the Mobile Apps and of the Desktop Apps (hereinafter together also the “Service Provider Apps”) is described in detail on the TerminApp Website.

(6) The Classic Version allows Service Providers to manage available appointments, services and resources, to book themselves and to administrate booked appointments, customer data and booking information. Furthermore, the Classic Version allows Service Providers to prepare their individual booking profiles through which Bookers can view and book each Service Provider’s non-binding appointments for services (hereinafter “Booking Profile”). The non-binding appointments for services offered by a Service Provider in the online booking solution can be viewed and booked by Bookers through the TerminApp Website and through the TerminApp mobile app which is available for certain mobile devices (hereinafter “Booker App”). Furthermore, TerminApp offers Service Providers the possibility to integrate the online booking solution into their websites (“TerminApp Button”) and online presences on certain third-party platforms (hereinafter “TerminApp Widget”). The range of features of the Classic Version applicable from time to time is described in detail on the TerminApp Website.

(7) The Premium Version has all features of the Classic Version. The enhanced range of features of the Premium Version is described in detail on the TerminApp Website.

(8) The content and scope of the services provided by TerminApp are governed by these Terms of Use and, for the rest, are defined by the features available in the online booking solution from time to time. The range of features of the online booking solution applicable from time to time is described in detail on the TerminApp Website. TerminApp has the right to change the features which it provides free of charge in the online booking solution and to make available new features, whether against charge or free of charge, and/or to stop the provision of free features at any time. When doing so, TerminApp will take into account the Service Provider’s legitimate interests in each case.

2. Service Provider account and Access Data

(1) To be able to use the online booking solution, it is necessary create a Service Provider account. This requires the Service Provider to enter a business name, an industry, a country, first and last names, an e-mail address and a password. The e-mail address and the password entered also serve as the Service Provider’s access data for the online booking solution (hereinafter “Access Data”).

(2) When creating an account, a Service Provider explicitly warrants that he/she/it is acting as an entrepreneur within the meaning of Sec. 14 of the German Civil Code. If so requested by TerminApp, the Service Provider will submit adequate proof of such entrepreneur quality.

(3) The Service Provider undertakes to keep confidential the Access Data required to access the online booking solution and to make such data available only to users authorised by such Service Provider. The Service Provider accepts full responsibility for any and all actions which are done by unauthorized users using the Service Provider’s Access Data.

(4) The Service Provider shall inform TerminApp in text form (Sect. 126 b of the German Civil Code) without undue delay if a third party has obtained the Access Data without the Service Provider’s authorization. The Service Provider accepts full responsibility for any and all actions which are done by unauthorized third parties using the Service Provider’s Access Data, unless the Service Provider is not at fault with regard to such unauthorized actions.

3. Conclusion of contract

(1) For the free Classic Version, the contract is concluded as follows: The completion of the registration procedure initiated by a Service Provider to create a Service Provider account constitutes a legally binding offer of such Service Provider for the conclusion of a contract for the use of the online booking solution’s Classic Version. TerminApp accepts the Service Provider’s offer in a legally binding manner by activating the account. The contract between the Service Provider and TerminApp is formed only by such activation. TerminApp is not obliged to accept the offer submitted by the Service Provider, and therefore not obliged to enter into such contract.

(2) For the Premium Version, which is subject to charge, the contract is concluded as follows: The completion of the procedure initiated by a Service Provider to activate the Premium Version in the online booking solution or an order form completed by a Servicer Provider for the Premium Version constitutes a legally binding offer of such Service Provider for the conclusion of a contract for the use of the online booking solution’s Premium Version. TerminApp accepts the Service Provider’s offer in a legally binding manner by activating the Premium Version. The contract between the Service Provider and TerminApp is formed only by such activation. TerminApp is not obliged to accept the offer submitted by the Service Provider, and therefore not obliged to enter into such contract.

4. Use of online booking solution on users’ own responsibility

(1) TerminApp provides Service Providers and Bookers with the online booking solution as a technical infrastructure to be used on their own responsibility to initiate a contract. In doing so, TerminApp itself is unable to influence the specific use of the online booking solution by a Service Provider or a Booker, or, in particular, the non-binding appointments made availabe by Service Providers through the online booking solution, the content of the service descriptions designed by them, price information or other information, or the content of Booking Profiles. As a result, the Service Provider is solely responsible for the use of the online booking solution, the content of any service description prepared by using the online booking solution and of the Booking Profile.

(2) The online booking solution does not enable the conclusion of binding contracts between Service Providers and Bookers. The booking of an appointment is only a non-binding reservation of an appointment. The non-binding reservation shall not create any obligation of Bookers or Service Providers for the conclusion of a contract for the relevant services. Any contracts between Bookers and Service Providers shall be concluded exclusively through personal contact between Bookers and Service Providers.

(3) The parties to a contract for services provided by a Service Provider are the Booker and the Service Provider only. TerminApp is also unable in this context to influence the structure of the legal relationship between the Service Provider and the Booker.

(4) TerminApp is also unable to influence the booking of a Service Provider’s non-binding appointments for services by a Booker. In particular, TerminApp does not accept any responsibility for the generation of a minimum number of non-binding bookings by the appointments for services offered by the Service Provider through the online booking solution, or for the Booker’s actual use of the non-binding appointments booked. As a provider of a merely technical infrastructure designed for initiating contracts between Bookers and Service Providers on their own responsibility, TerminApp is also not responsible for any damage which a Service Provider incurs in connection with a Booker’s use of the Service Provider’s services.

(5) The online booking solution does not meet the requirements of the principles for the proper keeping and storage of books, records and documents in electronic form and data access (GoBD). The Service Provider shall be solely responsible for storing data in accordance with the statutory requirements, in particular the requirements under commercial or tax law.

(6) In the event that a Service Provider includes links in a service description or Booking Profile to websites with illegal content, TerminApp explicitly distances itself from such linked content. In particular, TerminApp is under no obligation to the Service Provider to check the links included. If, however, TerminApp obtains knowledge of any links to illegal content, TerminApp will promptly remove such links where such removal is technically possible for, and reasonably acceptable to, TerminApp.

(7) The Service Provider further undertakes to verify and ensure that the services offered, the content of the service descriptions designed by the Service Provider and of other information as well as the content of the Booking Profile do not violate any statutory prohibitions and that they are neither contrary to public policy nor infringe any third-party rights (including but not limited to name rights, personality rights, copyright, data protection rights or rights to signs). In particular, the Service Provider undertakes to not provide any services through the online booking solution, and to not use any content in the service description and in the Booking Profile which

  • (a) refer to sexual, pornographic or content otherwise harmful to juveniles;
  • (b) refer to content glorifying violence or inciting the people;
  • (c) incite others to commit crimes or constitute instructions for committing crimes;
  • (d) are related to gambling or betting offers;
  • (e) are related to religious or political activities, in particular party meetings, demonstrations, flyer or signature campaigns or content showing political symbols;
  • (f) insults, defames, harasses or otherwise harms other persons or constitutes an aggressive or provocative attitude towards the same,
  • (g) are otherwise unlawful, obscene, vulgar, disturbing for the privacy of other persons, defamatory or offensive or contain untrue factual claims or abusive criticism,
  • (h) contain business or trade secrets of individuals or legal entities or other content which the Service Provider is not authorised to disclose – for example due to non-disclosure agreements,
  • (i) contain links or other connections to content which is inadmissible according to the above criteria and/or
  • (j) invite others to violate the above content bans.

(8) TerminApp is under no contractual obligation to check the content and data included by a Service Provider in the service description or Booking Profile. As a matter of principle, TerminApp does not check any content or data included by Service Providers before such content or data can be accessed by third parties. However, TerminApp will look into any information submitted regarding a potential non-conformity of content with statutory or contractual provisions and – if it proves true – take appropriate action to end such situation. Where content included by a Service Provider is unlawful or violates these Terms of Use, TerminApp has the right to block and/or delete content of the service description and/or Booking Profile and, in addition, to block the Service Provider’s Booking Profile or account as a whole. TerminApp may assess the conformity of added content at its sole discretion but will take into account the legitimate interests of the Service Provider in its assessment and choose the least severe means to remedy such violation.

(9) In the event of such violation of these Terms of Use for which the Service Provider is responsible, TerminApp reserves the right to terminate the contract concluded with the Service Provider for cause without notice.

(10) The Service Provider shall indemnify TerminApp from all third party claims to which such third party is entitled vis-à-vis TerminApp as a result of an infringement of such third party’s rights, including but not limited to copyright, rights to signs, rights under competition law, personality rights or other proprietary rights, by content included by the Service Provider. The same shall apply whenever TerminApp is held liable by any public authority or other body by virtue of an infringement of rights by content included by the Service Provider. Each of the foregoing shall not apply where the Service Provider is not at fault with respect to such infringement of rights.

(11) Furthermore, the Service Provider undertakes to reimburse TerminApp all necessary expenses which TerminApp incurs as a result of third parties legitimately taking legal action against TerminApp because of an infringement of their rights by content included by the Service Provider. The foregoing includes, without limitation, the necessary costs of reasonable legal defence. The Service Provider shall not be obliged to make such reimbursement if the Service Provider is not at fault with respect to such infringement of third-party rights.

(12) If TerminApp is held liable by a third party on account of a possible infringement of such third party’s rights by content included by the Service Provider, the Service Provider shall use its best efforts to support TerminApp in defending any claims asserted by such third party. This includes, without limitation, that the Service Provider shall provide TerminApp at the latter’s written request with copies of any documents the Service Provider may have with regard to the allegedly infringing content. Any costs associated therewith shall be borne by TerminApp if the Service Provider is not at fault with respect to such infringement of rights.

5. Licenses

(1) The Service Provider has the right to use the online booking solution within the limits of, and with a restriction to, the purposes of the services owed by TerminApp for the term of, and subject to the relevant contract. TerminApp grants the Service Provider a simple, non-transferrable and non-sublicensable license to the online booking solution to that extent.

(2) By adding content to the service description designed by the Service Provider and to the Booking Profile, the Service Provider grants TerminApp a simple, transferrable, licensable and sublicensable license to such content, without restrictions in terms of territory or content, limited in time to the term of the contract for the use of the online booking solution, for the purpose of publishing such content in the online booking solution in connection with the performance of the contract with the Service Provider, in particular on the TerminApp Website and in the Booker App. This includes, in particular, the right to use such content by

  • copying it or making it available to the public or storing it in databases and
  • editing such content in whole or in part. The Service Provider acknowledges that the right to edit content is necessary to present such content in the best possible manner and to use it for the purposes and as part of its publication in the online booking solution, in particular on the TerminApp Website and in the Booker App.

(3) The Service Provider guarantees to be authorised without limitation to grant the rights granted under subsection 5.(2) above and to dispose of those rights in this respect, and that by granting those rights, no third-party rights are infringed, in particular no personality rights, or rights protected under copyright law, of any third party involved in the development of such content.

6. Availability

TerminApp endeavours to ensure an annual average availability of 95% for the operation and use of the online booking solution. In the calculation of the percentage availability, figures are rounded to one position after the decimal point in accordance with commercial principles. The operating hours are 24 hours seven days a week (24/7). This is without downtimes due to circumstances outside the immediate control of TerminApp, in particular:

  • downtimes due to circumstances of force majeure (in particular war, strike, Acts of God), sabotage or similar reasons for which TerminApp is not responsible
  • downtimes due to virus or hacker attacks
  • downtimes resulting from downtimes of parts of the Internet or external DNS, routing issues outside the immediate control of TerminApp
  • downtimes due to planned interruptions for maintenance work
  • downtimes due to third-party operating errors
  • downtimes resulting from third-party fault due to faulty or insufficient maintenance of third-party hardware or software (including of third parties deployed by TerminApp (e.g. host providers)).
  • downtimes relating to the use of software not supported by the online booking solution, in particular operating systems, browsers and terminals.

7. Warranty

(1) TerminApp warrants to maintain the contractually agreed quality of the online booking solution during the term of the contract and that the contractual use of the online booking solution does not conflict with any third-party rights. TerminApp will remedy any material defects or defects of title of the online booking solution within reasonable time.

(2) The Service Provider is obliged to notify TerminApp of any defects in the online booking solution in text form (Sect. 126 b of the German Civil Code) after their discovery without undue delay, in case of material defects describing in each case the point in time and the specific circumstances prevailing when the defect occurred.

(3) TerminApp permanently seeks to improve and develop the online booking solution, but is not obliged to do so. In particular, TerminApp is under no obligation to change the online booking solution to adapt it to changes in the services or interfaces of third-party providers.

8. Term and termination of the contract

(1) Contracts for the use of the online booking solution are concluded for an indefinite period of time.

(2) The contract for the use of the Classic Version of the online booking solution can be terminated by either party at any time with immediate effect.

(3) The contract for the use of the Premium Version of the online booking solution has a minimum term of one year from the conclusion of a contract unless the parties agree on a longer minimum term. It can be terminated by either party at any time with effect from the expiry of the relevant minimum term. The minimum term of the contract shall automatically extend by the duration of the relevant previous minimum term each time, unless terminated by either party prior to the expiry of the minimum term. After termination of the Premium Membership by the User or TerminApp, the user will be granted a free membership (Classic version) until terminated, but the additional and extended features of the Premium Membership will fall away.

(4) Both parties have the right to terminate the contractual relationship at any time without notice in the event of an important reason. An important reason for the extraordinary termination is provided if the continuation of the contractual relationship is not reasonable for the terminating party until the expiry of the statutory period of notice, taking into account all circumstances of the individual case and weighing the interests of both parties.

Important reasons for TerminApp are in particular the following:

  • Disregard of legal regulations by the user;
  • Offence of the user against his contractual duties;
  • The call of the services offered on the TerminApp websites is considerably affected by the presence of the user (e.g., if turns out after registration of the user that the user is condemned because of a deliberate criminal offence legally and this conviction is known by other users);
  • the user advertises to unions or communities – or their mead testicles or activities – which are observed by security services or protection of children and young people authorities;
  • the user damages one or several other users; or the user is a member of a sect or another religious community which is argumentative in Germany.

(5) By presentation of an important reason after figure 8.4, TerminApp can also cover independently the following sanctions against the user from a notice after figure 8.4:

  • Deletion of the content which has been put by the user;
  • Blockage of the access to the service of the TerminApp websites or single applications, or
  • Remark of a caution.

(6) The user's right to reimbursement of prepaid fees for termination is excluded, unless the user terminates due to an important reason to be represented by TerminApp. In the following cases, the user's right to reimbursement is already excluded in advance:

  • TerminApp announces the contract for important reason; or
  • TerminApp blocks the access of the user according to section 8.5.

(7) Notices of termination must be given in text form (Sect. 126 b of the German Civil Code) to be effective.

9. Remuneration and billing

(1) No remuneration is due for the use of the Classic Version of the online booking solution.

(2) The remuneration for the use of the Premium Version will be billed each year in advance. The remuneration billed shall be due for payment within 14 days from the date of the invoice. The remuneration may also be billed by a cooperation partner nominated by TerminApp.

(3) All prices are plus VAT as applicable from time to time.

(4) Set-off and rights of retention of the Service Provider are excluded unless the claims are undisputed or have been finally established.

10. Cooperation by the Service Provider

(1) The Service Provider will always perform all cooperation and/or provision tasks in due time as necessary for TerminApp to perform the services. The Service Provider will in particular provide TerminApp with the information necessary to provide the contractual services and designate contact persons to TerminApp who are sufficiently qualified and vested with sufficient authority to decide. The Service Provider will also use an up-to-date browser version of Microsoft Internet Explorer, Google Chrome or Mozilla Firefox to access the online booking solution through the TerminApp Website.

(2) The Service Provider guarantees to use the programme code provided by TerminApp to integrate the TerminApp Button into the Service Provider’s website or to integrate the TerminApp Widget into the Service Provider’s online presence on third-party platforms only without changes and in accordance with the technical requirements of TerminApp.

11. Liability

(1) TerminApp shall be liable without limitation for intent or gross negligence, for injury to life, body or health, under the provisions of the German Product Liability Act, and to the extent of any guarantees assumed by TerminApp.

(2) In case of a slightly negligent violation of duty which is essential for achieving the purpose of the contract (material duty), the liability of TerminApp shall be limited in amount to the damage which is foreseeable and typical according to the nature of the transaction concerned.

(3) In all other respects, liability of TerminApp shall be excluded. In particular, a no-fault liability for any defects already existing at the time of conclusion of the contract (Sec. 536a (1) 1st alt. of the German Civil Code) does not exist on the part of TerminApp, save where the conditions set forth in subsections 11(1) or (2) above are fulfilled.

(4) The above limitation of liability shall also apply to the personal liability of the employees, representatives and bodies of TerminApp.

12. Data protection

(1) TerminApp attaches great importance to the protection of personal data and collects, processes, and uses personal data only in observance of the applicable data protection laws and in accordance with the principles described in the privacy statement (https://www.timify.com/privacy).

(2) TerminApp makes the online booking solution available to the Service Provider as software as a service. TerminApp in this context only functions as a technical platform operator without the ability to influence the specific use of the service by the Service Provider. Where TerminApp collects, processes or uses personal data such as employee or customer data while providing services for the Service Provider, this is done only on behalf of and in accordance with the strict instructions of the Service Provider and on the basis of a separate agreement regarding the commissioned processing of personal data. In this respect, TerminApp will be responsible for performing the duties of TerminApp under the agreement regarding the commissioned processing of data. In all other respects, the Service Provider shall be responsible for compliance with the data protection regulations as controller within the meaning of data protection law.

(3) The Service Provider guarantees to use personal data of the Service Provider’s employees, in particular employee pictures, in the online booking solution only where a legal provision so allows or where the person concerned has given his or her approval.

(4) Furthermore, the Service Provider will send electronic mail via the online booking solution only to those recipients who have given their legally effective approval to that effect.

13. Reference

The Service Provider grants TerminApp the right to refer to the Service Provider in publications of any kind as a reference customer and to use the Service Provider’s names, marks and logos in this context, provided that and as long as the Service Provider does not explicitly object to such use in text form (Sect. 126 b of the German Civil Code).

14. Other

(1) TerminApp reserves the right to amend or supplement these Terms of Use with future effect, in particular if such amendment or supplementation is required by law or necessary to improve the handling or prevention of abuse. TerminApp will inform the Service Provider of such change from time to time by written notice to the address last communicated by the Service Provider. Changes shall be deemed approved only if the Service Provider has not objected vis-à-vis TerminApp within six (6) weeks of receipt of the notice. TerminApp will advise the Service Provider of the said right to object and of the said consequences of a failure to object in each individual case of change of the Terms of Use. In case the Service Provider objects, the contract will be continued on the previous terms. In this case, TerminApp has the right to terminate the contract concerned with immediate effect.

(2) With the exception of the possibility to amend or supplement these Terms of Use under subsection 14(1) above, supplementations and amendments to agreements reached must be made in text form (Sect. 126 b of the German Civil Code) to be effective. This shall also apply to a change or cancellation of this provision.

(3) Any deviating, conflicting or additional general terms and conditions of the Service Provider shall not become part of the contract, unless TerminApp has explicitly agreed to them in text form (Sect. 126 b of the German Civil Code).

(4) These Terms of Use and the contractual relations between TerminApp and the Service Provider shall be governed by the laws of the Federal Republic of Germany to the exclusion of the substantive uniform law, above all the UN Convention on Contracts for the International Sale of Goods. The place of provision of the services and the place of performance shall be Munich, Germany. The courts of Munich shall have jurisdiction.

(5) If individual provisions of the agreements made, including these Terms of Use, are or become ineffective or unenforceable, this shall not affect the effectiveness of the remaining provisions.

TerminApp Terms of Use for Bookers

Preamble

TerminApp GmbH, Sperberstr. 23, D-81827 Munich, Germany (“TerminApp”) operates an online booking solution for appointments. Entrepreneurs registered in the online booking solution (“Service Providers”) can make non-binding appointments for their services visible online, and offer online booking thereof, through the online booking solution. Visitors of the online booking solution have the possibility to view the available non-binding appointments for services offered by Service Providers through the online booking solution and to book such non-binding appointments for services as registered users (“Bookers”).

These Terms of Use will become part of the contract between the Booker and TerminApp for the services to be delivered by TerminApp in connection with the online booking solution.

Subject matter and services

TerminApp provides the Booker with free access to the online booking solution for the purpose of booking non-binding appointments for services offered by Service Providers. TerminApp only acts as a broker in this regard to enable Bookers and Service Providers to initiate contracts on their own responsibility.

The online booking solution can be accessed by Bookers via the TerminApp website (http://www.terminapp.de) (“TerminApp Website”) and via the TerminApp mobile app which is available for certain mobile devices (hereinafter “Booker App”).

The content and scope of the services provided by TerminApp are governed by these Terms of Use and, for the rest, are defined by the features available in the online booking solution from time to time. The range of features of the online booking solution applicable from time to time is described in detail on the TerminApp Website. TerminApp has the right to change the features which it provides free of charge in the online booking solution and to make available new features, whether against charge or free of charge, and/or to stop the provision of free features at any time. When doing so, TerminApp will take into account the Bookers’ legitimate interests in each case.

Booker account and Access Data

To be able to book non-binding appointments for services of Service Providers via the online booking solution, it is necessary to create a Booker account. This requires the Booker to enter his or her first name and last name, title, e-mail address, mobile number and password. The e-mail address and the password entered also serve as the Booker’s access data for the online booking solution (hereinafter “Access Data”). The Booker assures that all data provided by him or her in the course of registration are accurate and complete.

The Booker undertakes to keep confidential the Access Data required to access the Booker account. The Booker shall inform TerminApp in text form (Sect. 126 b of the German Civil Code) without undue delay if a third party has obtained the Access Data without his or her authorisation. The Booker accepts full responsibility for any and all actions which are done by unauthorized third parties using his or her Access Data, unless the Booker is not at fault with regard to such unauthorized actions.

Conclusion of contract

The completion of the registration procedure initiated by a Booker to create a Booker account constitutes a legally binding offer of the Booker for the conclusion of a contract for the use of the online booking solution. TerminApp accepts the Booker’s offer in a legally binding manner by activating the account. The contract between the Booker and TerminApp is formed only by such activation. TerminApp is not obliged to accept the offer submitted by the Booker, and therefore not obliged to enter into the contract.

Use of online booking solution on users’ own responsibility

TerminApp provides Service Providers and Bookers with the online booking solution as a technical infrastructure to be used on their own responsibility to initiate a contract. In doing so, TerminApp itself is unable to influence the specific use of the online booking solution by a Service Provider or a Booker, or, in particular, the non-binding appointments made available by Service Providers through the online booking solution, the content of the service descriptions designed by them, price information or other information, or the content of Booking Profiles.

The online booking solution does not enable the conclusion of binding contracts between Service Providers and Bookers. The booking of an appointment is only a non-binding reservation of an appointment. The non-binding reservation shall not create any obligation of Bookers or Service Providers for the conclusion of a contract for the relevant services. Any contracts between Bookers and Service Providers shall be concluded exclusively through personal contact between Bookers and Service Providers.

The parties to a contract for services provided by a Service Provider are the Booker and the Service Provider only. TerminApp is also unable in this context to influence the structure of the legal relationship between the Service Provider and the Booker.

TerminApp is also unable to influence the provision of a service offered by a Service Provider, its quality or its use by a Booker. TerminApp therefore in particular does not accept any responsibility for the Service Provider’s actual availability of the non-binding appointment booked by a Booker or for the actual performance of the service, for such service’s conformity with the quality agreed between the Booker and the Service Provider and/or with other contractual arrangements and/or for the service being otherwise free of defects. TerminApp is also not responsible for any damage which a Booker incurs in connection with a Service Provider’s provision of services.

The online booking solution does not meet the requirements of the principles for the proper keeping and storage of books, records and documents in electronic form and data access (GoBD). Bookers shall be solely responsible for storing data in accordance with any statutory requirements applicable to them from time to time, in particular requirements under commercial or tax law.

Booking appointments

To book non-binding appointments for services of Service Providers via the online booking solution, the Booker selects a Service Provider, a service and a specific time and date. If the Service Provider so allows for the service selected, the Booker can also select a specific employee of the Service Provider to provide the services.

In the course of the non-binding booking procedure, the Booker has the possibility to check his or her information for mistakes and, if necessary, to correct it.

The Booker completes the non-binding booking procedure by clicking a button intended for this purpose. The Booker recognises that the online booking solution does not enable the conclusion of binding contracts between Service Providers and Bookers. The booking of an appointment is only a non-binding reservation of an appointment. The non-binding reservation shall not create any obligation of Bookers or Service Providers for the conclusion of a contract for the relevant services. Any contracts between Bookers and Service Providers shall be concluded exclusively through personal contact between Bookers and Service Providers.

After completion of the booking procedure, the Booker receives an automatic e-mail confirmation of the non-binding booking.

Licenses

The Booker’s authorisation is restricted to the access to the online booking solution and to the use of the features and content available in the online booking solution from time to time in accordance with these Terms of Use.

Save where further use is explicitly permitted in these Terms of Use or in the online booking solution, or enabled by a corresponding feature in the online booking solution, the Booker may access and display the content available in the online booking solution only for his or her own purposes and for the duration of use of the online booking solution, and the Booker is not authorised to edit, change, translate, show or demonstrate, publish, exhibit, copy or distribute the content available in the online booking solution in whole or in part. The Booker may in particular not remove any copyright information, logos and/or other marks or other notes of protection from any content of the online booking solution.

Availability

An entitlement to use the free services of TerminApp in connection with the online booking solution exists only within the limits of the technical and operational possibilities of TerminApp. TerminApp endeavours to ensure that the online booking solution can be used with as little interruptions as possible. However, there may be temporary restrictions or interruptions as a result of technical malfunctions (e.g. interruptions of power supply or data lines, hardware or software defects).

Liability

TerminApp shall be liable for any damage resulting from the use of the free TerminApp services in connection with the online booking solution only to the extent that such damage has arisen as a result of the contractual use of the online booking solution and only if TerminApp has acted with intent (including malice) or gross negligence.

Data protection

TerminApp attaches great importance to the protection of personal data and collects, processes, and uses personal data of the Booker only in observance of the applicable data protection laws and in accordance with the principles described in the privacy statement.

Term and termination

The contract for the use of the online booking solution is concluded for indefinite period of time. It can be terminated by either party at any time with immediate effect by giving notice in text form (Sect. 126 b of the German Civil Code).

Any contractual relationships between the Booker and the Service Providers remain unaffected by such termination of the contract for the use of the online booking solution.

Other

TerminApp reserves the right to amend or supplement these Terms of Use with future effect, in particular if such amendment or supplementation is required by law or necessary to improve the handling or prevention of abuse. TerminApp will inform the Booker of such change from time to time in text form (Sect. 126 b of the German Civil Code) to the address last communicated by the Booker. Changes shall be deemed approved only if the Booker has not objected vis-à-vis TerminApp within six (6) weeks of receipt of the notice. TerminApp will advise the Booker of the said right to object and of the said consequences of a failure to object in each individual case of change of the Terms of Use. In case the Booker objects, the contract will be continued on the previous terms. In this case, TerminApp has the right to terminate the contract concerned with immediate effect.

These Terms of Use and the contractual relations between TerminApp and the Booker shall be governed by the laws of the Federal Republic of Germany to the exclusion of the substantive uniform law, above all the UN Convention on Contracts for the International Sale of Goods. The statutory provisions to limit the choice of law and to apply mandatory provisions particularly of the state in which you as the consumer have your habitual residence remain unaffected. As for the place of jurisdiction, the statutory provisions apply. The place of provision of the services and the place of performance shall be Munich, Germany.

If individual provisions of the agreements made, including these Terms of Use, are or become ineffective or unenforceable, this shall not affect the effectiveness of the remaining provisions.