User agreement

The following terms of service (these “Terms of Service”), govern your access to and use of the myTimi website, including any content, functionality and services offered on or through mytimi.com (the “Site”) by myTimi s.r.o., Dukelských hrdinů 564/34, Prague, 170 00, Czech Republic, IČ: 05899320, DIČ: CZ05899320, and by its subsidiary: myTimi.com Ltd, 10 John Street, London, WC1N 2EB, United Kingdom, reg.no.: 13232759. myTimi and its subsidiaries are collectively referred hereto as “myTimi”, “we”, or “us”.

By using the Site, opening an account, submitting a message via contact form, requesting an appointment, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service and our Privacy Policy, each of which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.

PLEASE READ THIS USER AGREEMENT AND ALL OTHER AGREEMENTS AND POLICIES REFERENCED HEREIN COLLECTIVELY DEFINED BELOW AS THE “TERMS OF SERVICE” CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

 

User Registration

To access and use certain portions of the Site and the Site Services, you must register for an Account. Subject to the Terms of Use, certain portions of the Site are available to Site Visitors, including those portions before your Account registration is accepted. Registration is free.

If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company. Your information will be handled in accordance with our Privacy Policy, which is part of the Terms of Service, and applicable law.

 

Copyright and intellectual property

a.      Client/Business

You will indemnify, defend, and hold harmless myTimi, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of any User Content you receive.

Upon Worker´s receipt of full payment from Client, the Content, including without limitation all Intellectual Property Rights in the Content (except for any Background Technology), will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof. If Worker has any Intellectual Property Rights to the Content that are not owned by Client upon Worker’s receipt of payment from Client, Worker hereby automatically irrevocably assigns to Client all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, Worker retains no rights to use, and will not challenge the validity of Client’s ownership in, such Intellectual Property Rights. Worker hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Content. If payment is made only for partial delivery of Content, the assignment described herein applies only to the portion of Content delivered and paid for.

 

b.     Worker/Freelancer

When you post Content on the Site or through the Site Services or provide myTimi with Content, you understand and acknowledge that you are solely responsible for such Content. Further, you represent and warrant that you have the right, power, and authority to post that User Content without violating the rights of third parties.

Worker represents and warrants that Worker will not incorporate or use the materials of any third party including those of any other client or any employer, in performing the Services that are not generally available for use by the public or have not been legally transferred to the Client.

You will indemnify, defend, and hold harmless myTimi, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of any User Content you post.

Upon Worker´s receipt of full payment from Client, the Content, including without limitation all Intellectual Property Rights in the Content (except for any Background Technology), will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof. If Worker has any Intellectual Property Rights to the Content that are not owned by Client upon Worker’s receipt of payment from Client, Worker hereby automatically irrevocably assigns to Client all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, Worker retains no rights to use, and will not challenge the validity of Client’s ownership in, such Intellectual Property Rights. Worker hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Content. If payment is made only for partial delivery of Content, the assignment described herein applies only to the portion of Content delivered and paid for.

 

c.      Third parties

Worker represents and warrants that Worker will not incorporate or use the materials of any third party including those of any other client or any employer, in performing the Services that are not generally available for use by the public or have not been legally transferred to the Client.

 

Community guidelines

myTimi offers a platform for Workers and Clients worldwide to purchase almost any virtual service available. Services offered on our platform reflect the diversity of an expanding Gig economy. We believe we play our part in creating both economic opportunities and helping to balance the labor market.

These opportunities are equally available to all qualified talent in our community, regardless of background, nationality, race, ethnicity, sex, gender, gender identity, sexual orientation, actual or perceived disability status, veteran status, marital status, or other similarly protected characteristics. Any discriminatory or harassing conduct is not tolerated by any member of our community. Users engaging in this activity are subject to Account closure. Please bring any reports of discrimination or harassment to our attention at info@mytimi.com. Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.

Worker and client identities are kept anonymous and the communication is carried out by myTimi´s internal staff. Requesting and/or providing any contact information that allows communication between Workers and Clients outside the platform is strongly prohibited. myTimi does not provide any guarantee for services discussed outside the platform. All information and file exchanges must be performed exclusively on myTimi platform.

 

Service Contract

Client and Worker agree that the Worker is performing services as an independent contractor and that Worker is not an employee or agent of Client. Worker will perform the Services in a professional and workmanlike manner and will timely deliver any agreed upon Content. The manner and means of performing the Services will be determined and controlled solely by Worker and myTimi.

Worker agrees to accurately report hourly invoices by billing hours worked and submitting the timesheet to myTimi.

 

Confidentiality

To the extent a Client or Worker provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will: (a) not disclose or permit others to disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another’s Confidential Information, except as necessary for the performance of Worker Services (including, without limitation, the storage or transmission of Confidential Information on or through the Site for use by Worker); and (c) limit access to another’s Confidential Information to its personnel who need to know such information for the performance of Worker Services.

 

Review system

myTimi believes in an equal status of both Worker and Client. In order to create a balanced, respectful environment, all reviews are processed by our internal staff to ensure their relevance. Reviews from clients are intended for sole purposes of myTimi.

 

Language

The official texts are the English and Czech versions of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English or Czech version of the content, which are the official versions and take precedence over other language versions.

 

Limitation on Liability

IN NO EVENT WILL MYTIMI, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with myTimi, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.

 

Warranty disclaimer

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MYTIMI NOR ANY PERSON ASSOCIATED WITH MYTIMI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.