Terms

What TimiTomi is

TimiTomi is software a studio uses to publish a booking page, sell classes, class packs, memberships and top-ups, run its schedule, calculate instructor pay and send messages to its customers.

TimiTomi is the software. The classes are yours. The relationship with your customers is yours.

Who these terms are for

TimiTomi is for businesses. By creating an account you confirm that you act for a business, not as a consumer, that you are at least 18 years old, and that you have the authority to accept these terms for that business.

When you go live we may ask for your business registration or VAT number, to confirm the business exists.

Your account

You need an account to use TimiTomi, and you sign in with Google. You are responsible for who you invite to your studio and for what they do with their access.

Anything done from your account, or from an account you invited, counts as done by your studio. Keep your Google sign-in safe, and tell us at once if you think someone else has it. After you tell us, we block that access, and what happens through it afterwards no longer counts as yours.

The account belongs to the business named on it. If people disagree about who controls that business, the disagreement is theirs to resolve, and we can suspend access until it is resolved.

Keep the details on your account correct and up to date, because we use them to contact you about the service and about payment.

What you pay us

The prices of the plans, of extra instructors and of SMS are on the pricing page at timitomi.com/pricing. The price you pay is the price shown when you subscribe, and it appears on every invoice.

Building your studio on TimiTomi is free. You start paying when you go live. Payment is in advance, monthly or yearly, and your subscription renews by itself at the end of each period until you cancel.

You can cancel inside the app at any time. The cancellation takes effect at the end of the period you have already paid for, and we do not refund the part you have not used.

Prices do not include VAT. Where the law requires us to charge VAT, we add it to the invoice at the legal rate. If you are a business in the European Union outside Romania, you pay the VAT of your own country under the reverse charge rules, and we will ask you for your VAT number. Outside the European Union, the taxes of your own country are your responsibility.

We may change our prices. If we do, we will tell you by email at least 30 days before the change applies to your studio.

If you think an invoice is wrong, tell us and we will look at it together. A chargeback against a correct invoice counts as an unpaid invoice.

What your customers pay you

Your customers pay into your own Stripe account through Stripe Connect. TimiTomi never holds your money and takes no share of it. The contract for a class is between you and your customer, and we are not a party to it.

Stripe charges its own processing fee on each payment, and you pay that fee to Stripe. Refunds to your customers are your decision and come out of your own account.

Payment processing services for studios on TimiTomi are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (together, the Stripe Services Agreement). By agreeing to these terms or continuing to operate as a studio on TimiTomi, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of TimiTomi enabling payment processing services through Stripe, you agree to provide TimiTomi accurate and complete information about you and your business, and you authorize TimiTomi to share it and transaction information related to your use of the payment processing services provided by Stripe.

Messages you send

TimiTomi sends email and SMS to your customers in your name: booking confirmations, reminders, and the campaigns you write. You are the sender of these messages.

You are responsible for having each recipient’s permission to receive them, in the form the law of the recipient’s country requires, and for respecting every opt-out. Depending on where your customers live, this includes the European ePrivacy rules, the TCPA and CAN-SPAM in the United States, and CASL in Canada. For SMS to United States numbers, you confirm that you hold each recipient’s prior express written consent and that you keep a record of it.

Fines, penalties or surcharges that a phone carrier, an email provider or a regulator imposes on us because of messages you sent are yours to pay.

Your classes

TimiTomi is booking software. We are not part of running your classes. What happens in a class, the safety of your attendees, the qualifications of your instructors, the waivers you collect and the insurance your studio needs are entirely your responsibility. Hold the insurance a business running in-person classes needs.

The prices, the descriptions and the rules of what you sell are yours to set and yours to keep accurate. The permits and licenses your business needs are yours to hold.

A complaint or a dispute from an attendee, about a class, a refund or an injury, is between the attendee and you. If one reaches us, we send it to you.

Where TimiTomi calculates something for you, such as instructor pay, the calculation follows the settings you chose. Checking that the result is right for your taxes and your law is your responsibility.

Your data

Your data and your customers’ data belong to you. We use them to run the service for you and for nothing else. The one exception is information that identifies no person and no studio, such as overall usage numbers, which we use to understand and improve TimiTomi.

For your customers’ personal data, you are the controller and we are the processor. The data processing agreement at timitomi.com/dpa is part of these terms.

You are responsible for having the right to hold your customers’ data and for the terms and privacy notice you show them at checkout.

What you type into TimiTomi, from an instructor’s pay details to a note on a customer, is yours to keep accurate. When a customer asks us about their data, we direct them to you, because the answer is yours to give.

We take regular backups of the whole service and work to restore from them when something fails. Backups protect against failure, not against your own changes: what you delete in the app is deleted. If data is lost even so, our responsibility for it is limited as the Responsibility section says.

While your account is open you can export your data. See the Privacy page for how long we keep it after an account is closed.

Ownership

TimiTomi, its design and its code are ours. Your subscription gives you the right to use the service while you pay for it, and transfers nothing else.

The TimiTomi name and logo are ours too. Saying plainly that your studio runs on TimiTomi is welcome; any other use of them needs our written agreement.

What you upload stays yours. You give us the permission we need to store it and to show it where you ask us to, and nothing more.

If you send us an idea for the product, we may build it without owing you anything.

How you may use it

You may not use TimiTomi to:

• Break the law, or help anyone else break it.
• Take payments for anything that is not your own real business.
• Send messages to people who have not agreed to hear from you.
• Upload content you do not have the right to use.
• Pretend to be us, or claim we endorse your business when we have not said so.
• Copy the software, resell access to it, or use it to build a competing product.
• Probe, overload or get around the service’s security or its limits.
• Try to get access to another studio’s data, or to disturb the service for anyone else.

A use that damages the service, other studios or us can be acted on even when it is not on this list. The section on suspension and ending says what we do.

If we receive a credible notice that something you uploaded is unlawful or infringes someone’s rights, we can remove that content, and we will tell you when we do.

Availability

We work to keep TimiTomi available and we take backups, but we do not promise the service will never be unavailable. We will give you notice of planned maintenance where we can.

TimiTomi grows: we add, change and remove features as the product develops. If we remove something your studio depends on, we tell you 30 days before it goes, where we can.

A feature marked as early access comes without promises. It can change or go at any time.

Suspension and ending

You can close your account at any time. Your plan runs to the end of the period you have already paid for, and we do not refund the part you have not used.

We can suspend an account while an invoice stays unpaid 14 days after we told you about it. We can suspend it at once, without notice, while it is being used to attack the service, to commit fraud, or in a way that puts other studios or their data at risk. We lift a suspension when the cause is fixed.

A suspension does not end the agreement. Invoices already due stay due, and you can export your data while the suspension lasts.

We can close an account that keeps breaking these terms after we asked it to stop, and we can close it at once for a serious breach, such as fraud or another illegal use. We will tell you why, and you have 90 days to export your data. If we close the account for fraud, nothing is refunded; if we close it for another breach, we refund the unused part of a yearly plan.

We can also end the agreement without a reason, with 30 days notice by email. In that case we refund the part of a paid period that comes after the end date.

Claims caused by your business

If someone brings a claim against us because of your classes, your content, the messages you sent, the data you hold about your customers, the people who work for you, or a use of TimiTomi that breaks these terms, you will cover our damages from that claim and our reasonable, documented costs, including legal costs.

We will tell you when such a claim reaches us. You may take over its defense with lawyers we do not object to, and we will help you with what we know. Either way, you may not settle anything in our name without our written agreement.

Responsibility

TimiTomi is provided as it is, without a promise that it fits a particular purpose. To the extent the law allows, neither of us is responsible to the other for lost profit, lost business, lost data or any indirect damage, and our total responsibility to you is limited to the greater of what you paid us in the twelve months before the claim arose and 500 euros.

These limits do not apply to what you owe us under Claims caused by your business, to unpaid invoices, or to damage from a breach of How you may use it.

TimiTomi runs on services other companies provide, such as Stripe for payments and the networks that carry email and SMS. When one of them fails, we work to route around it, but we are not responsible for their failures.

Nothing in these terms limits responsibility that cannot be limited by law, such as responsibility for intent or gross negligence.

Changes to these terms

We may change these terms. We will tell you by email at least 30 days before a change applies. If you keep using TimiTomi after that date, that is your acceptance of the change.

If you do not agree with a change, you can close your account before it applies, and we refund the unused part of a yearly plan.

General

These terms, the data processing agreement and the privacy policy are the whole agreement between us and replace anything agreed before. If these terms and the data processing agreement disagree about personal data, the data processing agreement wins.

If a court finds one line of these terms invalid, the rest stays in force. If we do not enforce a line for a while, we can still enforce it later.

You may not transfer your agreement with us to someone else without our written agreement, which we will not refuse without a good reason when you sell the studio’s business. We may transfer our side if we sell or reorganize the business, and your rights stay the same.

Official notices go by email: to the address on your account for you, to hello@timitomi.com for us. A notice counts as received on the first working day after it was sent, unless there is proof it did not arrive. A suspension or closing clock starts only from a notice that did not bounce.

TimiTomi is run by its founder. If the founder can no longer run it, whoever lawfully continues or winds down the business does so under these terms, and your right to export your data stays in place for the whole retention period either way.

These terms make us your software provider and nothing more. They do not make us partners, employer and employee, or agents of each other, and nobody outside the two of us can enforce them.

Neither of us is responsible for delay caused by events outside reasonable control, such as war, natural disaster or the failure of the networks the internet runs on.

The sections on your classes, your data, claims caused by your business, responsibility and which law applies keep working after the agreement ends. The data processing agreement keeps working for as long as we still hold your customers’ data.

Which law applies

These terms are governed by Romanian law. A dispute we cannot solve between us goes to the courts of Bucharest, Romania, and only there.