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.

TimiTomi is not a marketplace. We do not list your classes beside another studio’s, we do not rank studios against each other, and no customer comes to TimiTomi to choose between studios. Your booking page is yours, it carries your name, and the people who book on it are your customers.

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 business must be lawful where it operates, and it must not be in a country or on a list under European Union sanctions. We can refuse an account, or refuse to take a studio live, when we cannot verify the business or when it does not fit what TimiTomi is for, and we do not have to give a reason.

Your account

You need an account to use TimiTomi. You sign in with your Google account or with a code we send to your email address. Creating an account means you accept these terms. This is true for both ways to sign in, and on both the sign-up page and the sign-in page. 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. Anyone who can read your email can sign in to your account with a code, so keep your email account safe. If you use your Google account to sign in, keep it safe too. Tell us at once if you think someone else has access to either one. 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.

We can require you to change your sign-in, to add a security measure, or to confirm your identity again, when we think your account is at risk.

Support

Every plan includes a dedicated onboarding specialist, who builds your classes, packs, memberships and booking page with you before you open, and dedicated support by email at any hour, every day, for as long as your plan is active. Support covers questions about using the product and reports of problems in it. We decide what we fix, how and when. We do not promise a set response time or that a problem you report will be fixed, and an answer from us is not a promise about the product. We do not give legal, tax or accounting advice, and what you do with our answer is your decision.

What you pay us

What a plan costs

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.

Trials and offers

Where we give you a trial, a discount or a free period, it applies to the account we gave it to and for the time we said, and one account gets one of them. Unless we say otherwise, a trial needs a payment method saved at the start and becomes a paid subscription at the end of the trial, at the normal price, unless you cancel before then. We can change or stop an offer for new accounts at any time, and we can take an offer back from an account opened to receive it a second time.

Cancelling

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.

VAT and other taxes

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.

Price changes

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 an invoice looks wrong

If you think an invoice is wrong, tell us within 14 days of receiving it and we will look at it together. The part you do not dispute stays due on its date, and a dispute does not pause anything else in these terms. An invoice you have not disputed within 14 days counts as accepted.

You may only pay with a payment method you are entitled to use. The section on chargebacks and disputed charges says what happens when a payment to us is reversed.

Extras, and how you pay

Extra instructors, SMS and, on Starter, the add-ons you choose and the custom domain are billed on top of the plan, as the pricing page says. The section on SMS and top-ups covers what an SMS allowance is, what a top-up is, and what is and is not refunded.

You pay through Stripe with the payment method you save on the account. The section on if a payment fails says what you authorize us to charge and what happens when a charge does not go through.

Paying late

An invoice not paid on time carries the penalty interest Romanian law sets for late payment between businesses, from the day after it was due, plus our reasonable costs of recovering it, with at least the minimum that law fixes.

If the law of your country requires you to withhold tax from what you pay us, you pay the extra needed so that we receive the full price.

If a payment fails

What you authorize us to charge

You save a payment method on your account, and by saving it you authorize us to charge it, without asking you again each time, for each renewal of your plan, for extra instructors, for the SMS add-on, for the Waitlists & substitutes, Marketing automation and Private classes add-ons you choose, for the Custom domain add-on, paid once when you buy it, and for every SMS top-up you buy, at the price in force on the day of the charge, for as long as your account is open or anything is owed.

Where your bank or the card networks give our payment provider a new card number, because your card expired or was replaced, we can charge the new one under the same authorization. Where the law or your bank requires you to confirm a payment yourself, you confirm it when we ask, and a payment you do not confirm is a payment that failed.

When a charge does not go through

Keep a working payment method on the account. A charge that fails because your card expired, was refused, had no money on it, was cancelled or was blocked by your bank is still your payment to make, and the invoice stays due on its date. You are not late if the failure was ours.

When a charge fails we try it again over the following days and we write to the address on your account. Keep that address working and read: a notice about a failed payment that you did not read is still a notice you received, as the General section says.

If it keeps failing

While an invoice stays unpaid your studio keeps running until we suspend it, and everything you use in that time is still owed. The section on suspension and ending says when the suspension comes.

If a plan payment is never made, we suspend the account. Your booking page stops answering and your customers’ memberships are paused, as the section on suspension and ending sets out. We are not responsible for what that costs you.

After a failure

When your payments to us have failed before, we can ask you to pay by bank transfer instead of by card, and to pay the next period in advance.

Chargebacks and disputed charges

Come to us first

If you think a charge or an invoice is wrong, tell us first, within the 14 days the section on what you pay us sets. We look at it with you, and we refund what we should not have charged.

Asking your bank or your card issuer to reverse a charge is not a way to cancel your plan, to end this agreement, or to dispute an invoice. You cancel in the app, as the section on suspension and ending says.

A reversal does not cancel what you owe

A reversed charge does not cancel what you owe. When a payment to us is reversed, for any reason, the invoice it paid is an unpaid invoice again from its original date, with the interest and the costs that section sets. We can charge it again to your payment method where the card rules allow that, or invoice you for it by bank transfer.

You pay what the dispute costs us: the fee our payment provider charges for it, which we pay whether the dispute is decided for us or against us, our reasonable costs of answering it, and any amount the reversal leaves unpaid.

Answering a dispute

To answer a dispute we give our payment provider, your bank and the card networks what the dispute needs: who the account belongs to, what you subscribed to and when, what you accepted and on which date, the invoices, the notices we sent you, and the record of your use of the service. You agree to that, and our records count as evidence of it, as the General section says.

A false claim is a breach

Telling your bank that a payment you made was fraudulent, or that the service was not delivered when it was, is a serious breach of these terms. So is paying with a card you were not entitled to use, or letting someone who is not entitled to use it pay with it. We can suspend or close your account at once for either, as the section on suspension and ending says, and in that case nothing is refunded.

While a dispute of yours is open we can suspend your account, refuse card payment from you, and ask for the amount in dispute and the next period in advance, by bank transfer, before we restore it.

Setting off

We can set off what you owe under this section against anything we owe you, including the unused part of a plan.

Your own customers

This section is about what you pay us. A chargeback from one of your own customers happens on your own Stripe account, and the section on what your customers pay you covers it.

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.

TimiTomi is not a bank, a payment institution or a money transmitter. We do not hold, control or move your funds, and we are not a party to the payment itself.

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. So are chargebacks, dispute fees, reserves and any negative balance on that account, including a refund the app issues by itself because of a setting you chose.

VAT and every other tax on what you sell to your customers are yours to handle. We handle the taxes on our own fees.

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.

Connecting your Stripe account

To sell through TimiTomi you connect a Stripe account. You can create a new one from inside the app, or connect a Stripe account you already have.

Connecting an account you already have gives TimiTomi read and write access to the whole account through Stripe’s platform tools: its payments, customers, balances, payouts and disputes, including the ones that did not come through TimiTomi. We use that access only to run the service for you, which means checkout, refunds, memberships, keeping your classes and prices in sync with Stripe, matching orders to payments, preventing fraud, giving support and meeting our legal duties. If you want our access to cover only what happens through TimiTomi, create a new Stripe account from inside the app instead.

The person who connects an account confirms that they hold it, or that they have the authority to connect it for both the studio and the account holder.

Stripe asks you to complete its own onboarding and checks. Keep your Stripe account in good standing, answer what Stripe asks of you, and follow the card network rules. While Stripe restricts your account, sales through TimiTomi stop, and we are not responsible for what that costs you.

A studio has one connected Stripe account at a time. Changing it counts as disconnecting the old one, which the next section covers, followed by connecting the new one.

What we create on your Stripe account, such as customers, payments, memberships, products and prices, is visible to you in your own Stripe dashboard and to any other platform you have authorized on that account. What those platforms do with it is not our responsibility.

Disconnecting Stripe

How to disconnect

You can remove TimiTomi’s access to your Stripe account at any time, in your Stripe dashboard under Settings, Authorized applications, or by writing to us.

From that moment the app can no longer take payments, issue refunds, renew, pause or resume memberships, send payment links, keep your classes and prices in sync, or match orders to payments.

What stops, what keeps running

Memberships your customers already hold stay on your Stripe account and keep running under Stripe’s rules. We can no longer renew, pause, cancel or refund them, and the credits the app granted for them no longer follow the charges. Managing, cancelling or refunding those memberships with Stripe directly, and delivering what your customers have paid for, is your responsibility.

Disconnecting does not close your account with us and does not refund anything. Your plan keeps running and keeps being billed until you cancel it, as the section on suspension and ending says. While no Stripe account is connected we can disable the parts of TimiTomi that need one, and if your studio stays without one for more than 30 days we can treat that as a breach of these terms and close your account. The records of orders and payments already in the app stay in the app, under the data processing agreement.

Telling your customers

Tell your customers what they need to know about the disruption. A claim from a customer caused by the disconnection is covered by the section on claims caused by your business.

Connecting again

You can connect the same account or another one later. We may ask you to go through onboarding again, and we create your classes and prices again in the account you connect. We do not promise that memberships, saved cards or anything else in the account you disconnected can be linked again.

When we disconnect you

We can stop payments in your studio, or disconnect your Stripe account, telling you first where we can, if:

• Stripe requires it, or restricts, rejects or closes your account.
• We have a reasonable suspicion of fraud, of an illegal use, of the sale of something Stripe or the card networks forbid, or of misuse of the service.
• You break these terms, including by not paying an invoice.
• Your chargebacks or disputes reach a level Stripe or the card networks treat as excessive, or that puts our own standing with Stripe at risk.
• A law, a court or a regulator requires it.
• Your plan ends.

We are not responsible for what a stop or a disconnection under this list costs you. When the cause is fixed, we restore access within a reasonable time.

When your agreement with us ends, we disconnect your Stripe account. An account created from inside the app is a standard Stripe account that you hold directly, so you keep using it with Stripe. Any balance still on it is paid out by Stripe on Stripe’s own schedule.

Messages you send

You are the sender

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, and we are the technical channel. We do not read or approve a message before it is sent, and its content is yours.

Permission

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.

Permission for one kind of message does not cover another. A customer who agreed to booking reminders has not agreed to marketing. Keep a record of each permission: who gave it, when, how, and what they were told. Show it to us within five working days when we ask, because carriers and email providers ask us.

Every address and number you message must have been given to you by its owner. Do not buy, rent, scrape or copy lists, and do not message a person who left your studio and did not agree to hear from you again.

What you may send

What you send must be lawful, true and not misleading. It must not contain content the phone carriers and the email providers forbid, such as adult content, hate speech, weapons, drugs, gambling and loans, and it must not hide who is sending it or where a link leads. Where the law requires it, a message says who you are and how to opt out. Do not present a marketing message as a booking message to avoid an opt-out.

Respect the quiet hours the law of the recipient’s country sets for messages.

Registering you as a sender

To send SMS to some countries, the carriers require us to register you as a sender and to pass them information about your business. You give us that information, keep it accurate, and accept that a carrier can refuse, delay or limit your messages.

When we stop a message

We can delay, limit, filter, block or refuse any message or campaign, ask for proof of permission, set sending limits, or stop messaging for your studio, at once and without notice, when we see complaints, spam reports, bounces or opt-outs at a level we consider a risk, when a carrier, an email provider or a regulator asks us to, or when we reasonably believe a message breaks this section or the law. We are not responsible for what that costs you.

Messages are not for emergencies or for anything where a missed message could put someone at risk. Delivery is not guaranteed, as the section on services we depend on says.

Records and fines

We keep a record of each message sent, its delivery status and each opt-out, and we can show those records to a carrier, an email provider, a regulator or a court when asked. A recipient who complains to us is sent to you.

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, and so is the cost of restoring our ability to send if your messages damaged it.

SMS and top-ups

What counts as one SMS

Each plan includes a number of SMS each month, on a yearly plan too, and the number, the size of a top-up and the prices in each currency are on the pricing page at timitomi.com/pricing. Email is not part of the SMS allowance and keeps working whatever the allowance does.

One SMS means one message of standard length to one phone number. A longer message, or one written with characters outside the standard SMS alphabet, such as accented letters or emoji, is carried by the phone networks as several parts, and each part costs us one message. We can count each part against your allowance. A message counts when we give it to our provider.

When the allowance is gone

The SMS your plan includes are a monthly allowance. On a monthly plan the count starts again at each renewal, and on a yearly plan it starts again every month, counted from the day your year began. What you do not use in a month does not move into the next one.

We write to the address on your account when you are close to the allowance, and again when it is gone.

When the allowance is gone and you have no top-up credit, we stop sending SMS for your studio. Email keeps working, so no bill arrives that you did not choose. The SMS that would have gone out while sending is stopped are not kept and are not sent later, and buying a top-up afterwards does not send them. Telling your customers what they need to know, and delivering the classes they booked, stays your responsibility.

Top-ups

A top-up is a pack of SMS you buy in advance, in the size and at the price the pricing page shows for your currency. You can buy one on any plan. You pay for it when you buy it, on its own invoice, with the payment method saved on your account, and the credit is added once that payment succeeds. A payment that fails adds nothing.

A top-up is not refunded, in whole or in part, once it is bought. Top-up credit is used only after the SMS your plan includes for that month. It is not money, it cannot be turned into money, it cannot be moved to another studio or another account, and it earns no interest.

Top-up credit does not expire while your account is open. It ends, with no refund, when your account closes, whoever closes it and for whatever reason.

Changing your plan does not remove top-up credit you have already bought. Moving to a plan with a smaller allowance changes what the plan includes, not what you paid for separately.

Delivery

An SMS is counted and paid for when we send it, not when it arrives. The phone networks decide what they deliver. A message that is late, filtered, refused or never delivered is not refunded and does not return to your allowance. The section on services we depend on says why.

Destinations and costs

SMS goes only to the destinations your studio has allowed, and choosing them is yours. You are responsible for what sending to a destination costs and for the law of that country. We can refuse a destination, remove one, or price one on its own, where a carrier, a regulator or the cost of that destination requires it.

Where a phone carrier, a regulator or a registry charges a fee, a surcharge or a registration cost because of your messages or your sender name, that cost is yours. We tell you before we pass on a cost that is not already part of the price on the pricing page.

We can change what the plans include and what a top-up costs. The section on what you pay us says how we tell you.

Misuse

SMS sent because of your account are yours, even the ones you did not intend. If phone numbers are entered into your booking page or your account by a bot, by an attack, or in any other automated way, and SMS are sent because of that, those SMS count against your allowance and against your top-up credit, and we do not give them back. Where they cost us more than your allowance covers, that cost is yours.

We can stop, limit or slow SMS for your studio at once and without notice, when we see sending we reasonably believe is automated, fraudulent, or aimed at a country your studio does not serve, and we can require phone numbers to be verified before they are messaged. The section on messages you send covers the other reasons we can stop sending.

Stopping SMS for any of the reasons in this section does not reduce what you pay for your plan and does not refund a top-up.

Your classes

The classes are yours

TimiTomi is booking software. We are not part of running your classes. What happens in a class, the safety of your participants, 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.

Complaints

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

Numbers we calculate

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 people

Your instructors, staff and contractors are yours. Nothing in TimiTomi makes us their employer, their payer or their agent. What you owe them, and the taxes and contributions on it, are yours.

Your own rules

The terms and waivers you show customers at checkout are your documents. We record who accepted which version and when; whether they are valid and enforceable is your responsibility.

Your cancellation, no-show and refund rules are yours to set, to show to customers and to apply. We do not check the age, the health or the permission of anyone who books.

Accessibility

What you publish and what you sell is a service you provide to your own customers. Making it usable by people with disabilities is your responsibility, under the law of each country you sell in. That covers what you write, the pictures and files you upload, the wording and the colours you choose, and any website of yours that TimiTomi is embedded in.

We do not promise that TimiTomi, or the booking page it publishes for you, meets any particular accessibility standard or law. If a rule applies to your business that TimiTomi does not meet, tell us and we will say what we can do about it. Meeting the rule stays yours.

Your data

Whose data it is

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.

Keeping it accurate

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.

Backups

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.

Exporting

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.

When we look at it

We can look at your data when we need to give you support, find and fix a problem, keep the service safe, or enforce these terms. If a law, a court or an authority requires us to give data to it, we do so, and we tell you where the law allows.

What you export is yours to keep safe. We are not responsible for a copy once it has left TimiTomi.

Moving to another provider

You can move your studio to another provider, or to your own systems, at any time. You do not need our permission, you do not have to give us notice, and we charge nothing for the move. Tell us in the app or by email when you want our help with it.

While your account is open you take your data out yourself, with the export the app gives you, in a format a machine can read. That export is what you and your customers put into TimiTomi: your classes, your customers, your bookings, your packs, your memberships and your orders. It is not our software, our design or anything else we built.

When you ask for help we help with what the export covers: telling you what is in the files, giving you the export again if one fails, and answering questions about the format. We do not write an export of our own shape for you, build a connection to another provider, enter your data into their product, or take responsibility for what they do with it.

We do what you asked within 30 days of the request. Where that is not technically possible we tell you why before the 30 days are over, and we agree a longer period with you.

After your account closes you can still take your data out for the period the Privacy page gives. After that period we delete it, as the Privacy page says.

Moving does not refund the part of a period you have already paid for and does not change what you owe us.

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.

We may name your studio, and show its name and logo, as a studio that runs on TimiTomi, unless you tell us in writing that you do not want that.

If you embed TimiTomi in your own website, the site around it, its content and its security are yours.

Confidentiality

Each of us learns things about the other that are not public. What you learn about TimiTomi that is not public stays between us: a price we quoted only to you, a feature you saw before it was released, how the product works inside, and anything we tell you is confidential. Do not pass it to anyone else and do not use it for anything except running your studio on TimiTomi.

We treat what we learn about your business the same way. Your customers’ personal data is covered by the data processing agreement instead of by this section.

This does not cover anything already public without either of us breaking this section, anything you already knew, anything you work out on your own without our information, or anything a law, a court or an authority requires to be given. Where the law allows it, we tell each other before giving anything to an authority.

This section keeps working for three years after the agreement ends, and for as long as the law protects a trade secret where what was shared is one.

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 or rent access to it, or use it to build a competing product.
• Take the software apart, decompile it or reverse engineer it, except where the law does not let us stop you.
• 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.
• Put card numbers, passwords or health details into notes, descriptions or other free text fields.
• Share an account between people, or use TimiTomi for a business that is not the one on the account.
• Read the service with a script, a bot or a scraper, except through the features we give you.
• Cause SMS to be sent by automated means, or leave your booking page open to a bot that makes it send them.
• Upload anything that carries a virus or other harmful code.
• Run a business that Stripe, the card networks or the phone carriers refuse to serve.
• Give us false information about you, your business or your payment method.
• Take money from a customer for a class, a pack or a membership you do not intend to deliver.
• Open another account to avoid a suspension, a limit or a closure.

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.

There is no service level agreement and no credit for downtime. Our responsibility for an outage is limited as the Responsibility section says.

We can set fair use limits on storage, messages, requests and similar, to keep the service working for everyone. We tell you if your studio reaches one.

Services we depend on

TimiTomi is built on services other companies provide, such as Stripe for payments, and the hosting, the database, the email and SMS providers and the phone carriers behind the rest. Your own internet connection sits outside our control too.

When one of these services is slow, unavailable, or changes how it works, TimiTomi can be slow or unavailable too. We work to reduce the effect on your studio and to tell you what is happening, but we are not responsible for their failures or for what a failure costs you.

Your Stripe account is yours, under your own agreement with Stripe. Stripe decides who it accepts, what it asks you for, and when it reviews, holds or delays a payout. If that happens, it is between you and Stripe. TimiTomi never holds your money, so we cannot release it for you.

Email and SMS pass through providers and phone carriers we do not control. A message can arrive late, be treated as spam, or not arrive at all, so we cannot promise that every message reaches every customer.

These companies set their own terms and can change them. If one of them changes what it allows or stops working with us, we may have to change or remove the part of TimiTomi that used it. The Availability section says how we tell you.

Where we are responsible at all for a problem one of these services caused, the limits in the Responsibility section apply.

Suspension and ending

Closing your account

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.

When we suspend

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.

While an account is suspended, your booking page, your embeds, checkout and messages stop working, and your customers cannot book. The memberships your customers hold are paused, so that they stop paying for a page they cannot use, and we start again the ones we paused when the suspension is lifted. Where one cannot be started again, it is between you and that customer. Sign-in may be limited to exporting your data. You stay responsible to your customers for what they have already paid for, and we are not responsible for what the suspension costs you.

Lifting a suspension

We lift a suspension for non-payment only once everything overdue has been paid, with interest and costs, and we can ask for the next period in advance before we do.

We can also suspend an account, or part of it, when a law, a court, a regulator, Stripe, a phone carrier or an email provider requires it, and while we investigate a credible report of misuse.

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

When we close an account

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: fraud or another illegal use, false information about you or your business, a payment method you were not entitled to use, a payment to us that is reversed, taking money from customers for classes you do not deliver, or threats or abuse towards the people who work for us. We will tell you why, and you have 90 days to export your data. If we close the account for one of the reasons in this paragraph, nothing is refunded; if we close it for another breach, we refund the unused part of a yearly plan.

A person or business whose account we closed for one of those reasons may not open another one. We can close any account we reasonably believe exists to avoid a suspension, a limit or a closure, and we can refuse a new account from the same person, business or payment details.

When we end the agreement

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.

An account that never went live and has not been used for twelve months can be closed with 30 days notice by email.

After it closes

When an account closes, your booking page, your embeds and your links stop working. What you owe us stays owed, we can collect it through a collection agency or a court, and you pay the costs, as the section on what you pay us says.

Claims caused by your business

You will cover us in full for every claim, demand, investigation, fine, penalty, chargeback and loss, and for the reasonable, documented costs of dealing with it, including legal costs, that comes from:

• Your classes, and anything that happens in them or because of them, including an injury.
• What you sell, its prices, its descriptions and its rules, and the taxes on it.
• Your content, and anything you or your staff upload or enter into TimiTomi.
• The messages you sent, the permissions you did or did not have to send them, and the SMS sent because of your account or your booking page.
• The data you hold about your customers, what you do with it, and any instruction you gave us about it.
• Your Stripe account, its connection or disconnection, and the refunds, chargebacks and disputes on it.
• An integration you connected, such as an ad pixel or an analytics tool.
• The people who work for you or with you, including your instructors and contractors.
• A breach of these terms or of the law by you, by your staff or by anyone using your account.

This applies whoever brings the claim: a customer, a participant, an instructor, another business, a phone carrier, a card network, Stripe, or a regulator or authority. It applies even if we are named in the claim next to you, except to the extent a court finds that our own intent or gross negligence caused it.

We will tell you when such a claim reaches us. You may take over its defense with lawyers we do not object to, if you first confirm in writing that you cover the claim under this section, keep us informed, and run the defense with care. We may join the defense with our own lawyers at our own cost. If you do not take over within 14 days of our notice, or stop running the defense properly, we handle it ourselves in the way we see fit, and you pay for it. Either way, you may not settle anything in our name, admit fault on our behalf or accept a duty for us without our written agreement.

What you owe under this section is due within 30 days of our invoice. We may set it off against anything we owe you, including the refund of an unused part of a plan. The limits in the Responsibility section do not apply to it. Whether your insurance pays is between you and your insurer.

What you owe us under this section comes on top of anything else these terms let us do, such as suspending or closing your account.

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.

Services other companies provide, such as Stripe and the networks that carry email and SMS, are covered by the section on services we depend on.

We are not responsible for what comes from your own settings, your own content, your staff, your customers, your devices or your internet connection. TimiTomi gives you numbers and records; the decisions you take on them are yours.

Any claim you have against us must be brought within one year of the event that caused it.

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.

A change that the law, a court or a provider such as Stripe requires can apply sooner, and we tell you as soon as we can. A change that only adds something or lowers a price applies at once.

General

The whole agreement

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.

Transferring it

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.

Notices

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.

If the founder cannot continue

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.

What these terms are not

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.

While you use TimiTomi, and for twelve months after you stop, do not try to hire the people who work for us or with us on the product. Answering a job advert we published is not a breach of this.

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.

Language and records

These terms are written in English. If we publish a translation, the English text decides.

Our records of what happened in the app, such as sign-ins, settings, messages and acceptances, count as evidence of it, unless you show otherwise.

What survives

The sections on messages you send, SMS and top-ups, if a payment fails, chargebacks and disputed charges, your classes, accessibility, your data, moving to another provider, confidentiality, your Stripe account, how you may use it, claims caused by your business, services we depend on, 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.