Terms of Service

Effective May 9, 2024

Using Stagetimer Means Accepting These Terms

These Terms of Service (the “Terms”), in conjunction with our Privacy Policy, constitute the entire Agreement between Lukas Hermann (Sole Proprietor Business) (“Lukas Hermann”, “we”, “us”, or “our”) and you (“you”, “your” or the “User”). These Terms govern your use of the stagetimer.io website, the Stagetimer web application, the Stagetimer Desktop App, and/or the Stagetimer services (collectively, the “Service”).

By using the Service, you acknowledge that you have read and agreed to these Terms, so please read them carefully. we may update these Terms from time to time. Unless otherwise required by law, we will notify you before making such changes and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use the Service. If you do not agree to our updated Terms, you can delete your account at any time.

Communications

You acknowledge and agree that we may send you emails related to your account and/or the Service. If you represent a for-profit company, you agree that we can use your company name or logo in our advertising. This permission will continue unless and until you notify us in writing to cease the use of your company name or logo.

Intellectual Property

We claim no intellectual property rights over the data you provide to the Service.

You acknowledge and agree that we own all right, title, and interest in and to the Service, including without limitation all intellectual property rights. You agree that you will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create derivative works from the Service.

Use License

Stagetimer offers both a free service option with a limited set of features and paid license options that provide access to an extended set of features. The specifics of these features for each plan can be found on our pricing page.

License Grant

Upon purchasing a license, Users are granted a non-exclusive, non-transferable, and time-limited right to use Stagetimer’s extended features. This license is assigned to a single team, which, in the absence of other affiliations, applies to the purchaser’s own team. License durations vary depending on the purchased plan.

Offline Use

Some licenses may include the right for Users to utilize Stagetimer’s features in an offline environment, subject to the same terms and conditions as online use.

Accounts, Passwords, and Security

You can use the Service without registering. As an anonymous user, all your data is public and will be deleted 30 days after the last use.

You can create a user account to persist your data. You are responsible for keeping your password secure, and you are solely and strictly liable for any activity that occurs under your username. You also agree not to access, or attempt to access, other Users’ accounts and/or data.

When you delete any of your data in the Service or if you delete your user account, then this data will be flagged for removal and will be deleted from our systems within 30 days, and from backups within 90 days. Only one record will remain in our CRM system. You can request its deletion with a formless message to our support email.

User Conduct and Responsibilities

Users are granted the freedom to utilize the Service in a manner they deem suitable, subject to the adherence to laws and regulations. However, the following actions are explicitly prohibited:

• Engaging in any illegal activity using the Service.
• Utilizing the image upload functions to distribute pornographic material or content that is offensive, hateful, or discriminatory in nature.
• Disseminating hate speech, offensive language, or any form of harassment within rooms created on the Service.

Responsibilities

• Users are solely responsible for moderating text entered into rooms they create, including content shared through the “Submit Questions Link.” It is imperative that users ensure a respectful and safe environment for all participants.
• The responsibility for moderating text and managing the distribution of publicly accessible links to rooms falls squarely on the User. This includes taking appropriate actions to prevent the dissemination of harmful or inappropriate content.

Liabilities

• We are not liable for any content that constitutes hate speech, offensive language, or other forms of prohibited content within rooms. The onus of moderation and content management lies with the User.
• While we strive to provide a safe and respectful platform, it is ultimately the User’s responsibility to maintain the integrity of the content within the spaces they administer.

We reserve the right to suspend or terminate the accounts of Users who violate these guidelines and to remove any prohibited content without notice. By using the Service, you acknowledge and agree to these terms, committing to uphold the standards of conduct outlined herein to ensure a positive and respectful environment for all users of the Service.

Payment Terms

For Customers Using Free Plans

We do not require a payment method when using our free offering.

For Customers on Subscription Plans

If you are not satisfied with the Service, we will issue a refund for your first purchase within 30 days of that purchase. Subsequent purchases are not eligible for refunds. At the end of each billing period, the plan contract will automatically renew indefinitely until explicitly cancelled by the User. Cancellation must be issued via the Service.

For Customers on One-Time Plans

We offer a 14-day refund policy; however, refunds are only available if the product has not been used within this period.

Chargeback/Refund Policy

Eligible refunds will be issued to the credit card or PayPal account that was used to make the purchase, according to the refund policy described in the “Payment Terms” section. we will not issue cash refunds under any circumstances. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account for the appropriate amount. We have a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from using the Service.

Service Availability and Limitations

We are committed to ensuring that the Service is available to you with maximum reliability. While we strive to maintain an exemplary uptime record, it is important to acknowledge that unforeseeable circumstances may affect service availability. Historically, the Service has achieved an uptime of 99.99% over any given 90-day period, thanks to multiple redundancies in our critical infrastructure.

Updates to the Service are released approximately once a month, resulting in a brief downtime of 1-2 minutes. These updates are carefully scheduled during periods of lowest usage to minimize impact on Users.

Liability

The Service and the materials provided through the Service are available to you on an ‘as is’ basis. To the fullest extent permitted by law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights.

We, along with our suppliers, shall not be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

Specifically, “consequential loss” encompasses any form of indirect loss, including, without limitation, loss of profit, revenue, business, goodwill, opportunity, or anticipated savings, whether arising under statute, contract, tort (including negligence), indemnity, or otherwise.

It is important to note that some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by law.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Germany. You irrevocably submit to the exclusive jurisdiction of the courts in that location.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may wish to assert related in any manner to the Service must be filed within one (1) year after such claim or cause of action accrued or be forever barred.

Users with questions about this Agreement or the Privacy Policy may contact us at support@stagetimer.io.

Right to Terminate

We may suspend or terminate your right to use our Service and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severability

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous

These Terms constitute the entire agreement between you and us relating to your access to and use of the Service. Any additional or different terms proposed by you in any purchase order, request for proposal, or other document are hereby objected to by us and shall be void. The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. These Terms may not be assigned or transferred by you except with our prior written consent. These Terms may be executed and delivered electronically and in one or more counterparts, each of which shall, when taken together, constitute a single document.