Legal

End User License Agreement

WELCOME TO TIMESUPP!

The End User License Agreement TimesUpp (“License“) governs your rights and obligations regarding the use of TimesUpp and related Services (the “Software” and/or “Service”). This License constitutes a fully binding agreement between Innovactory International B.V. with offices in Almere, the Netherlands (“the Company” or “We” or “Us”) the proprietor of all rights in and to the Service, and you (the “Licensee“). It is therefore recommended that you carefully read the License.

By using the TimesUpp Software and Service, you agree with the License. If you do not agree to the License or any of its parts, then you are prohibited from using the Service and We request that you refrain from doing so.

KEY POINTS

The following key points of the License are brought for your convenience only. These key points are not in lieu of the full License.

Cautious driving. Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to operate the Software while driving. You may only use the Software after you have stopped your vehicle in an appropriate location permitted by law. Alternatively, a passenger other than the driver may use the Software, provided it does not interfere with the due course of driving and does not distract the driver’s attention to the road.

Location-based Service. Some features of the Service make use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the Software is installed.  These features cannot be provided without utilizing this technology.

Internet connection. The Internet connection is under your responsibility and at your expense. Transmitting and receiving real-time updates to and from the Service, require an online (Wi-Fi or mobile data connection) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular provider), and according to its applicable terms of payment.

Privacy.  Your privacy is important to us. While using the Service, personal information may be provided by You or collected by the Company as detailed in our Privacy Policy at: http://www.timesupp.com/legal/. The Privacy Policy explains our practices pertaining to the use of your personal information and we ask that You read such Privacy Policy carefully. By accepting the License, you hereby acknowledge and agree to the collection, storage and use of your personal information by the Company, subject to this section, the Privacy Policy and any applicable laws and regulation.

TIMESUPP YOUR SMART TRAVEL ASSISTANT

TimesUpp transforms your calendar into the perfect travel assistant. Know just where you need to be and how to get there, right when you need to. See travel times for all your appointments and get a travel alert when it’s time to leave. By car, public transport, bicycle or on foot, we’ve got you covered.

TimesUpp gets you there. On time. Every time. Here’s how:

Your whole itinerary. Today and the next 60 tomorrows. Whenever you add a location to appointments in your calendar, TimesUpp automatically calculates travel times for you. View your whole itinerary up to 60 days in the future – TimesUpp is the only app that does that!

Beat traffic with an intelligent Travel Alert. TimesUpp checks the latest traffic info for your next destination and sends a travel alert when it’s time to leave. Need extra time to park? Double check! We’ve taken that into account too.

Smart Planning. Home, work, daycare, grocery store: TimesUpp can plan your daily trips too and. Just add the location, the time and day you need to be there, and you’ll automatically receive a travel alert. Have an appointment just before you normally go home? You’ll get your travel alert for home after your meeting. Smart planning means just that.

Best friends with the best navigation apps. TimesUpp shows the route and travel time on a list and on the map. Time to leave? Just tap the Navigation button and presto! TimesUpp works seamlessly with Google Maps, Apple Maps, Waze and even with your TomTom device. Instant navigation with the tap of a button.

Also abroad. Got a business appointment in a different country? Not a problem. TimesUpp knows the way, wherever you go.

Your use of this real time travel assistance application is at your sole risk. Instructions and location data may not be accurate. The Software are supplied to you on an “as is” basis and without any representations regarding the use, performance or results obtained from use of the Software. You acknowledge you are solely responsible for any results obtained from your use of the Software and you rely on these results at your sole risk.

Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to operate the Software while driving. You may only use the Software after you have stopped your vehicle in an appropriate location permitted by law. Alternatively, a passenger other than the driver may use the Software, provided it does not interfere with the due course of driving and does not distract the driver.

THE LICENSE

The Company hereby grants you a free of charge, non-exclusive, time-limited, non-transferrable, non-sub-licensable, revocable license to use the free of charge parts of the Service for non-commercial purposes, subject to the Agreements.

USING THE SERVICE

You may use the Service solely for private and personal purposes. You must not use the Service commercially. For example, you may not resell the Service, offer it for rent or lease, offer it to the public via communication or integrate it within an application of your own, without the prior written consent of the Company.

USE RESTRICTIONS

There are certain conducts, which are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at the Company’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf:

  1. copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service, in any way or publicly display, perform, or distribute them;
  2. make any use of the Service in a networked computer environment for any purpose, or replicate or copy the Service without the Company prior written consent;
  3. create a browser or border environment around the Service (no frames or inline linking);
  4. interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about users of the Service without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
  5. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights;
  6. transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  7. interfere with or disrupt the operation of the Service, or the servers or networks that host the Service or make the Service available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  8. sell, license, or exploit for any commercial purposes any use of or access to the Service;
  9. frame or mirror any part of the Service without the Company prior express written authorization;
  10. create a database by systematically downloading and storing all or any of the data from the Service;
  11. forward any data generated from the Service without the prior written consent of the Company;
  12. transfer or assign your accounts’ password, even temporarily, to a third party;
  13. use the Service for any illegal, immoral or unauthorized purpose;
  14. use the Service and/or for non-personal or commercial purposes without the Company express prior written consent;
  15. infringe or violate any of the License.

TERMINATION OF (USE OF) THE SERVICE

You may terminate your use of the Service at any time and for whatever reason. Please do so by deleting the Software on your mobile phone.

The Company retains the right to discontinue your use of the Service, at any time and for any reason the Company deems appropriate, at its sole and absolute discretion.

To the extent possible, we will advise you of your termination.

RIGHTS IN DATA

You hereby confirm that you own all exclusive rights at any data (the “Data“) that you provide to the Service. You keep all title and rights to the Data, but you grant the Company a worldwide, free, non-exclusive, irrevocable, sub licensable, transferable and perpetual license to create anonymous derivative works of the Data. 

COPYRIGHT

All rights to the Software and Service, the related documentation and all modifications and enhancements to this lie and remain with the Company, you only receive the use and competences arising from the scope of this License or granted in writing and otherwise you may not use the Service, reproduce or publish.

APPLE

If you use the Service through an Apple device, then you agree and acknowledge that:

Apple, Inc. bears no duties or obligations to you under the License, including, but not limited to, any obligation to furnish you with Service maintenance and support;

You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the License, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;

Apple and Apple’s subsidiaries are third party beneficiaries of the License. Upon your acceptance of the License, Apple will have the right (and will be deemed to have accepted the right) to enforce the License against you as a third party beneficiary thereof.

LEGAL COMPLIANCE

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

GOVERNING LAW

This License and any disputes related to this License or to the use of the Service or otherwise are subject to Dutch law. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to this License. All disputes arising out of this License shall be settled by the courts of Amsterdam (The Netherlands), which will have exclusive jurisdiction in respect of any such disputes.

LIMITATION OF LIABILITY AND WARRANTY

The licensed products are provided on an “as is” and “with all faults basis” and the Company and its suppliers expressly disclaim all warranties, express or implied, including but not limited to, the implied warranties of non-infringement, merchantability, satisfactory quality, accuracy, title and fitness for a particular purpose. No oral or written advice or information provided by the Company or any of its agents, employees or third party providers shall create a warranty, and licensee is not entitled to rely on any such advice or information. This disclaimer of warranties is an essential condition of the Agreements.

The Service is offered to you, with hope that you find it useful. However, the Company, its representatives, its employees or its suppliers shall not be liable to you or to any third party, for any reason whatsoever, as result with the use of the Service. You hereby irrevocably release all of the above from any liability of any kind, for any consequence arising from use of the Service.

Neither the Company nor its suppliers shall be liable to the Licensee for any incidental, consequential, special, indirect or exemplary damages arising out of this agreement, including lost profits or costs of cover, loss of use or business interruption or the like, regardless of whether the party was advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, the Company shall have no monetary liability to the Licensee for any cause (regardless of the form of action) under or relating to the Agreements.

SECURITY OR ACCURACY

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of the Service and that the use of the Service is entirely at your own risk. You acknowledge that you must observe all traffic laws while using the Service.

The information provided by the service is not intended to replace the information presented on the road. In the event that the information presented on the road (traffic lights, traffic signs, etc.) Instructs differently than the service, you must not rely on the service. Your use of this real time travel assistance application is at your sole risk. Instructions and location data may not be accurate.

PRIVACY

The Company respects your privacy during your use of the Service. Our updated Privacy Policy pertaining to the Service is readily accessible via the TimesUpp Menu > About > Legal or directly at http://www.timesupp.com/privacy/. Since the Privacy Policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.

MODIFICATIONS OF THE LICENSE

The Company may modify the License from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software. Your continued use of the Service after the License have been modified signifies your assent to the updated License. If you dissent to the updated License or to any term within them, you must discontinue all further use of the Service.

CONTACT US

If you have questions please feel free to contact us in one of the following ways:

  • In TimesUpp go to the menu item “About” and select you would like to Report a problem.
  • Send an e-mail to support@timesupp.com
  • Visit our website http://www.timesupp.com
  • Contact us using the details below:

Innovactory International B.V.

Attn: Customer support

Bolderweg 2

1332 AT Almere

The Netherlands

Last modified: 1 June 2016

Copyright

Copyright © 2014 Innovactory International B.V. (“the Company”). All rights reserved. TimesUpp and the TimesUpp logo are trademarks of the Company, registered in the Netherlands and other countries.

This material is proprietary and the subject of copyright protection, database right protection and other intellectual property rights owned by the Company or its suppliers. The use of this material is subject to the terms of a license agreement. Any unauthorized copying or disclosure of this material will lead to criminal and civil liabilities.

Attributtion

© 2006-2014 TomTom N.V. All rights reserved. This material is proprietary and the subject of copyright protection, database right protection and other intellectual property rights owned by TomTom or its suppliers. The use of this material is subject to the terms of a license agreement. Any unauthorized copying or disclosure of this material will lead to criminal and civil liabilities. // MultiNet® North America, © 2006 – 2013 TomTom. All rights reserved. The product includes information copied with permission from Canadian authorities, including © Canada Post Corporation, GeoBase®, and Department of Natural Resources Canada, All rights reserved. The use of this material is subject to the terms of a License Agreement. You will be held liable for any unauthorized copying or disclosure of this material. Adapted from Statistics Canada: Road Network File, 2011; and Census Population and Dwelling Count Highlight Tables, 2011 Census. This does not constitute an endorsement by Statistics Canada of this product. // MultiNet POI NAM, portions of the POI database contained in Local Points of Interest North America have been provided by Localeze. // MultiNet® Europe, Data Source © 2013 TomTom based on: MultiNet® data of Austria © BEV, GZ 1368/2013; MultiNet® data of Denmark © DAV, violation of these copyrights shall cause legal proceedings; MultiNet® data of France © IGN France, Georoute © IGN France, Michelin data © Michelin 2013; MultiNet® data of Northern Ireland Ordnance Survey of Northern Ireland; MultiNet® data of Norway © Norwegian Mapping Authority, Public Roads Administration / © Mapsolutions; MultiNet® data of Russia © ROSREESTR; MultiNet® data of Switzerland © Swisstopo; MultiNet® data of The Netherlands Topografische onderground Copyright © dienst voor het kadaster en de openbare registers, Apeldoorn 2013; Data for United Kingdom: contains Ordnance Survey data © Crown copyright and database right 2013, Code-Point® Open data contains Royal Mail data © Royal Mail copyright and database right 2013; Data for Germany: GeoBasis-DE/Geobasis NRW 2013; Data for Jordan:  © Royal Jordanian Geographic center; Data for Malta: © Mapping Unit, Malta Environment and Planning Authority. // MultiNet® South East Asia, Data for Indonesia: © Base data Bakosurtanal; Data for Macao: Macao Special Administration Region Government-Cartography and Cadastre Bureau; Data for South Korea: © SK M&C, 2013. // Data for Australia and New Zealand : ® Registered trademark of Telstra Corporation Limited (ABN 33 051 775 556)..

Multi modal planning © 2014 GoAbout B.V.

Privacy Policy

TIMESUPP RESPECTS YOUR PRIVACY

We will process your personal data very precisely and secure. Using TimesUpp and its related Services (the “Software” or “Services”) will lead to processing of your personal data by us. It’s our “Purpose” to become your smart travel assistant that’s why we need access to for instance your location data, your appointments on your calendar and your contact details. We ask your permission to use this personal data.

By making use of TimesUpp and related Services, you agree explicitly to the collection, use, disclosure and retention of your personal data by Innovactory International B.V. with offices in Almere, the Netherlands (the “Company”). This privacy policy applies to the Software and related Services when is being referred to this policy, regardless of how you have been granted access, including access or use via mobile devices. Innovactory International B.V. is the responsible entity for data processing as being described in the Dutch Data Protection Act. We have registered the way how we deal with personal data at the Dutch Data Protection Authority.

This Privacy Policy TimesUpp (the “Privacy Policy”) mainly describes:

  • The information that the Company collects from users;
  • How the Company uses that information.

This privacy policy and the End User License Agreement TimesUpp (the “License“) together form the Agreements that you have with the Company and all rights and obligations that you have regarding the use of TimesUpp and related services. Your use of the Service is subject to the License and Privacy Policy and by using the Software or Services, you hereby agree to these terms.

In this Privacy Policy, the term “Personal information” means any information collected by the Company or provided by you that, with reasonable efforts, may be used to identify you, which may include email address, agenda items, your location and route information.

INFORMATION THAT IS BEING COLLECTED AND PROCESSED

The categories of information collected and processed by the Company will include the following when using the Software or Services:

Information we collect automatically. When you use our Software or Services or responding to ads or other content, we automatically collect the data sent to us by your computer, mobile device or other equipment with which you have access. These data include, but are not limited to:

  • The unique identification of the (mobile) device, type of device, appliance, information about your computer and connection statistics regarding use of the Software or Services and IP address;
  • Information about your location and the location of your device, including unique identity of your phone if you have given us permission to use this information;
  • Calendar information that is available on your (mobile) device, if you have given us permission to use this information.

Information you provide us. We collect and store any information you enter via our Software or Services or that you provide to us when you use our Services. These data include, but are not limited to:

  • Information of your favourite locations, like your home and work location, including the address and the times that you want to be there;
  • Address information which you add to the events on your calendar;
  • Information you provide to us when you register for an account or any of the Services you uses;
  • Your bank account, for some services we can redeem the points and pay out to your bank account;
  • Additional information you may provide to us through social media websites or third-party services;
  • Data provided in the context of user support, correspondence through our Software or Services or correspondence you send to us.

WHERE THE INFORMATION IS USED FOR

The Company may use anonymous, statistical or aggregated information (including anonymous location information), in a form that does not enable the identification of a specific user, to properly operate the Service, to improve the quality of the Service, to enhance your experience, to create new features, and for further internal, commercial and statistical purposes. You agree that we may use your personal information collected or provided by you for the following purposes:

  • Showing relevant personalized travel information based on your current location and your planned and/or expected activities;
  • To inform you that you have to leave via push notification
  • To display information and advertisements that are tailored to your location or planned trips;
  • To give you access to deliver our Software, Services and customer support via messaging, email or by phone;
  • To prevent potentially prohibited or illegal activities, fraud and security breaches. To detect and investigate this to maintain our Services, our End User License Agreement and any additional license agreements for our services in place;
  • To align our Software and Services, content and advertisements to your needs, to measure and to improve this further;
  • To contact you via push notification or email to inform you about our Services for the benefit of targeted marketing, updates and promotional offers based on your communication preferences, or for any other purposes to the extent described in this Privacy Policy;
  • To comply with all legal requirements that apply to us;
  • To offer you the services you have requested, as described when we collected the data.

MAKE PERSONAL INFORMATION AVAILABLE TO THIRD PARTIES

We can make your personal information available to third parties in accordance with this Privacy Policy and applicable laws and regulations. We do not make your personal information to third parties for their marketing purposes without your explicit consent. We may share your personal information with:

  • Clients with whom we have a contract to deliver TimesUpp related Services (think of government agencies, employers and service providers in the mobility sector). In such a case an additional End User License Agreement Services will be agreed with you. The personal data will remain under the control of the Company;
  • Service providers with whom we have signed contracts to assist us in offering our Software and Services (think of ICT and financial services, marketing agents and technical support). In such cases your personal data will remain under the control of the Company;
  • Third-party services (Facebook and Twitter SDK Fabric) that we use for generating statistical information on the use of our Software and Services. These services measure the use of our Software and Services in various ways, e.g by using cookies. When using our Software and Services you approve that these measurements take place using their specific techniques.
  • Certain third parties (such as holders of intellectual property rights, regulatory, tax, police and other legal authorities) if we are required to do so by laws and regulations or rise seen under this Privacy Policy. We may share your personal data:
    • to comply with legal obligations or a court order; or
    • if necessary for the prevention, detection or prosecution of criminal offenses (such as fraud, deceit or prosecution); or
    • If it is necessary to enforce our policies or to protect the rights and freedoms of others;
  • Advertisers we allow, request or contract to run advertising campaigns on the Software or Services. The advertisements you see when you open the Software may be geographically or contextually targeted. When you visit a third party website using our Software, these sites may use cookies. The website of a third party which uses cookies is subject to their own privacy policies, not this Privacy Policy. If you want to study their privacy policies, we refer you to the third party website or contact them directly.

Without limiting the foregoing, we will, in our endeavour to respect your privacy and to keep the Software and Services from malicious persons or parties, not disclose your personal information to law enforcement, other government officials or other third parties without a court order or formal the request of the government in accordance with applicable law, unless we believe in good faith that such disclosure is necessary to prevent an imminent threat of injury or financial loss or to report suspected illegal activity.

ACCESS, VIEW AND EDIT YOUR PERSONAL INFORMATION

We cannot edit your personal and account information. You can self-adjust your data, restrict access or fully withdraw it by editing in the Software. In case you would like to delete the information completely. You can remove the Software from your phone or mobile device. The operating system will inform us after which we will automatically remove your data from our servers. Any additional Services where you also have shared personal information with us will be treated according to the description of the additional Service.

PROTECTION AND STORAGE OF YOUR PERSONAL INFORMATION

We consider protecting your information as a top priority. We do this with the aid of technical and administrative security measures to minimize the risk of loss, misuse, unauthorized access, disclosure and modification. You can think of firewalls, data encryption, and physical and administrative access controls to data and servers.

If you still think that there has been an misuse of your data, you can contact us by sending a message using the TimesUpp Software. Provide us an as accurate description as possible of your suspicion of misuse and any observations thereof.

We will keep personal information no longer than allowed by law and remove personal information when it is no longer necessary for the purposes described above.

CONTACT TIMESUPP

If you have questions about the processing of personal information by the Company or if you want to use one or more of the rights that the law gives to you, please contact us at one of the following ways:

  • In TimesUpp go to the menu item “About” and select you would like to Report a problem.
  • Send an e-mail to support@timesupp.com
  • Visit our website http://www.timesupp.com
  • Contact us using the details below:

Innovactory International B.V.

Attn: Customer support

Bolderweg 2

1332 AT Almere

The Netherlands

Changes to this Privacy Policy

The Company may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make material changes in the way we use Personal Information, we will notify you by posting an announcement in the Software. Users are bound by any changes to the Privacy Policy when they use the Service after such changes have been first posted.

Last modified: 1 June 2016