Terms of Use

These Terms of Use (the "Terms") form a binding agreement between you and Timatsu LLC, a North Carolina limited liability company ("Timatsu," "we," "us," or "our"). The Terms govern your access to and use of the Timatsu platform and all related products and services, including the Timatsu website at timatsu.com, the Timatsu dashboard, the Timatsu iOS application, the public landing pages and customer-facing portals we host on behalf of our business clients, and any associated application programming interfaces (collectively, the "Services").

Please read these Terms carefully. They contain important provisions about your rights, our liability, and dispute resolution, including a governing-law clause that selects North Carolina law and a venue clause that selects North Carolina state and federal courts.

1. Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services. If you are accessing or using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your acceptance applies to that organization as well as to you personally.

2. Definitions

The following defined terms apply throughout these Terms.

• "Galaxy" means a single Operator's environment within the platform, including its data, configuration, branding, and team membership.
• "Operator" means a business or individual that uses the Services to run its own work and, where applicable, serve its own clients. An Operator may invite team members into its Galaxy.
• "Operator Content" means any data, files, text, images, audio, or other content that an Operator (or a team member of that Operator) submits to or stores on the Services.
• "Visitor" means a person who interacts with a public surface that we host on behalf of an Operator, such as a Galaxy landing page or a customer-facing portal (for example, the estimate-acceptance portal used by some Operators).
• "User" means anyone who uses the Services in any capacity, including Operators, team members, and Visitors.
• "User Content" means any content a User submits to or through the Services, including Operator Content as defined above.
• "AI Output" means any text, audio, image, or other output generated by an artificial intelligence model or service in response to a User's input through the Services.

3. Eligibility

To use the Services, you must be at least eighteen (18) years old and able to form a binding contract under applicable law. You must not be barred from using the Services under the laws of the jurisdiction where you reside. The Services are provided for use by individuals and organizations in jurisdictions where their use is lawful; you are responsible for compliance with applicable local laws.

Operators acting on behalf of an organization warrant that they have the authority to enter into these Terms on the organization's behalf. Where these Terms refer to "you" in the context of an Operator, the reference includes the organization on whose behalf the Operator is acting.

4. Account Registration and Security

Operators register for the Services by creating an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for safeguarding your password and for any activity that occurs under your account. You must promptly notify us if you suspect unauthorized access to or use of your account.

We may suspend or terminate accounts that we reasonably believe have been compromised, that contain inaccurate information, or that are being used in violation of these Terms.

5. The Services and Tier Structure

The Services may be made available at different access tiers. As of the effective date, the tiers are:

• Public. Unauthenticated access to publicly available pages. No account required.
• Pro. Standard authenticated access to the iOS application and associated personal tools. Available to any individual user who registers for an account.
• Dev. Administrative access reserved for Timatsu personnel and authorized Operators of the dashboard and related operator surfaces.

We may introduce, retire, or rename tiers from time to time. Where a change materially affects your access to features you are currently using, we will provide notice through the Services.

We may add, modify, suspend, or discontinue features of the Services at any time. We will give you reasonable notice of material changes where practical, but we are not obligated to maintain any particular feature.

6. Fees and Payment

Some features of the Services may be offered free of charge while others may be made available for a fee. Fees, billing terms, and refund policies (if any) for paid features will be described at the point of purchase. By selecting a paid feature, you agree to pay the fees disclosed at that time. Unless otherwise stated, fees are non-refundable and are charged in advance for the applicable billing period.

You authorize us to charge your designated payment method for all fees due. If your payment fails or is reversed, we may suspend or terminate your access to the paid feature until payment is received.

Taxes are your responsibility unless we are required by law to collect and remit them. Where we collect taxes, they will be displayed at checkout in addition to the fee.

7. Acceptable Use

You agree not to use the Services in any manner that:

• Violates any applicable law, regulation, court order, or rule of any regulatory body.
• Infringes upon or misappropriates the intellectual property, privacy, publicity, or other rights of any third party.
• Is fraudulent, deceptive, or misleading, including impersonating another person or entity.
• Harasses, threatens, defames, or otherwise harms any person.
• Distributes malicious code, harmful payloads, or content that is intended to disrupt the integrity or availability of the Services or any system connected to the Services.
• Attempts to gain unauthorized access to the Services, to any account other than your own, or to any system, network, or data that you are not authorized to access.
• Probes, scans, or tests the vulnerability of the Services or breaches any security or authentication measure, except as expressly authorized by us in writing through a coordinated security disclosure program.
• Uses automated means to access the Services in a manner that imposes an unreasonable load on our infrastructure, including scraping, crawling, or harvesting beyond what is documented and permitted.
• Generates content that is illegal in the jurisdiction where you reside or where the content will be received, including content that sexually exploits minors, content that incites imminent violence, content that knowingly facilitates fraud, or content that violates export controls.
• Attempts to use AI features to generate output intended to harm third parties, to circumvent another platform's safety measures, or to evade the lawful disclosure obligations of any profession.
• Uses the Services to provide regulated professional services (for example, the unauthorized practice of law, medicine, or financial advice) without holding the necessary credentials and complying with the applicable rules of professional conduct.

We may, in our sole and reasonable discretion, suspend or terminate access for any User who violates this section, and we may report illegal activity to the appropriate authorities.

8. Your Content and License

8.1 Ownership

You retain all rights you have in your User Content. Nothing in these Terms transfers ownership of your User Content to Timatsu. As between you and us, you are responsible for your User Content, including its accuracy, lawfulness, and the rights you have to submit it to the Services.

8.2 License to Operate the Services

You grant Timatsu a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, and otherwise use your User Content for the limited purpose of providing, maintaining, securing, and improving the Services and for performing the activities described in our Privacy Policy. This license is granted only for as long as is necessary to provide the Services and to comply with our legal obligations.

This license does not authorize Timatsu to use your User Content to train artificial intelligence models, to develop a competing product, or to sell your data. Timatsu does not engage in any of those activities.

8.3 Operator Content and Customer Data

Operators are responsible for the lawfulness of the Operator Content they place into the Services, including content that contains information about the Operator's own customers, prospects, or other third parties. The Operator is the controller of such information for purposes of applicable data protection law. Timatsu acts as a service provider or processor with respect to such information and processes it only as instructed by the Operator through the Operator's use of the Services. Operators are responsible for providing any notices and obtaining any consents that may be required to place such information into the Services.

8.4 Content That Violates These Terms

We may, but are not required to, review User Content. We may remove, suspend, or refuse to display User Content that we reasonably believe violates these Terms or applicable law. Where we do so, we will provide notice to the affected User where practical and where doing so would not interfere with a legal obligation or a legitimate security or safety concern.

9. AI-Generated Output

The Services include features that use large language models and other AI systems to generate text, audio, summaries, drafts, and other output based on your input and context. Your use of those features is subject to the following terms.

9.1 AI Output Is Generated, Not Authoritative

AI Output is produced by statistical models. It may be inaccurate, incomplete, biased, or fabricated, even when it appears confident. You should independently verify any AI Output before relying on it for any consequential decision. Without limitation, AI Output does not constitute legal advice, medical advice, financial advice, tax advice, engineering advice, or any other form of professional advice. If you need professional advice, consult a qualified professional.

9.2 Ownership and Responsibility for AI Output

Subject to your compliance with these Terms and with the terms of the underlying AI model provider, you may use AI Output produced through the Services for any lawful purpose. As between you and Timatsu, you are responsible for any AI Output you choose to publish, distribute, or rely upon. Timatsu makes no representation that AI Output is original to you, free of third-party rights, or suitable for any particular purpose, and you assume the risk of relying on AI Output.

9.3 Provider Terms Apply

AI Output is generated by third-party model providers as listed in our Privacy Policy. Your use of AI Output is also subject to those providers' published usage policies, including restrictions on the categories of content the provider permits. Your obligations under those policies apply in addition to your obligations under these Terms.

10. Intellectual Property

The Services, including the software, design, text, graphics, logos, and all other elements other than User Content, are owned by Timatsu LLC or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purposes. No other rights are granted by implication or estoppel.

The Timatsu name and logo, and the names and logos of related products and services, are trademarks of Timatsu LLC. The names and logos of our Operators (for example, Mosko, Todloski) belong to those Operators and are used by us under license for the purpose of operating the Services on their behalf. You may not use any of these marks without our prior written consent or the consent of the applicable rights holder.

If you believe that content on the Services infringes your copyright or other intellectual property rights, please send a notice to the address in Section 21 with enough detail for us to identify and locate the allegedly infringing content. We will respond consistent with the Digital Millennium Copyright Act and other applicable law.

11. Third-Party Services

The Services rely on third-party platforms, infrastructure, and AI providers, including those listed in our Privacy Policy. Your use of the Services is subject to those providers' terms as they apply to you. We do not control third-party services and we are not responsible for their availability, accuracy, or content, except as expressly required by our agreements with them.

12. Operators and Their End-Users

Operators may use the Services to host public surfaces that interact with Visitors, including landing pages, contact forms, and customer-facing portals. The Operator is responsible for its relationship with its Visitors, including for any contracts, representations, products, or services the Operator offers to Visitors. Timatsu is not a party to any contract between an Operator and the Operator's Visitor and we make no representations about the Operator's products or services.

Where a Visitor signs an estimate, submits a form, or otherwise interacts with an Operator's customer-facing portal, the Visitor's information is provided to the Operator. Operators must use that information only for the purpose for which it was provided and in accordance with applicable law and any notice the Operator presents to the Visitor.

13. Feedback and Suggestions

If you send us comments, suggestions, ideas, or other feedback about the Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use the feedback for any purpose, including incorporating it into the Services, without any obligation to compensate you. You waive any moral rights in the feedback to the extent permitted by applicable law.

14. Disclaimers

THE SERVICES AND ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING AI OUTPUT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TIMATSU AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, INCLUDING AI OUTPUT. YOU USE THE SERVICES AT YOUR OWN RISK.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on the duration of implied warranties, so some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of that warranty will be the minimum required under applicable law.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TIMATSU OR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS INTERRUPTION, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY AI OUTPUT, OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF TIMATSU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO TIMATSU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

The exclusions and limitations in this section apply to the maximum extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold harmless Timatsu and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, demands, losses, liabilities, damages, judgments, awards, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your access to or use of the Services, (b) your User Content, (c) your violation of these Terms or of any applicable law, (d) your violation of any third party's rights, including intellectual property or privacy rights, or (e) your use of any AI Output.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you will cooperate with us in asserting any available defenses.

17. Termination

You may stop using the Services at any time. You may close your account by contacting us as described in Section 21. Closing your account does not entitle you to a refund of any fees previously paid, except as required by applicable law.

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we reasonably believe that you have violated these Terms, that your account has been compromised, that continued provision of the Services to you would violate applicable law, or that your use of the Services creates a meaningful security or reputational risk to us or our other users.

Upon termination, your right to access the Services ceases. The following provisions survive any termination: Sections 8 (to the extent license rights have already been exercised), 9, 10, 13, 14, 15, 16, 18, 20, and 21, along with any other provisions that by their nature should survive.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18.2 Venue

Subject to Section 18.3, any action or proceeding arising out of or relating to these Terms or the Services must be brought exclusively in the state or federal courts located in North Carolina, and you and Timatsu each consent to the personal jurisdiction of those courts and waive any objection to venue in those courts.

18.3 Informal Resolution

Before filing any action against Timatsu, you agree to make a good-faith effort to resolve the dispute by contacting us as described in Section 21 and giving us thirty (30) days to respond. The thirty-day period is intended to allow informal resolution where possible. This Section 18.3 does not prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction at any time.

18.4 Equitable Relief

Notwithstanding the foregoing, either party may bring a claim for injunctive or other equitable relief to protect intellectual property rights or the security of the Services in any court of competent jurisdiction.

19. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of these Terms and, where the change is material, we will provide additional notice through the Services (for example, by displaying a notice on your dashboard or by sending an email to the address associated with your account). Your continued use of the Services after a revised version of these Terms takes effect indicates that you accept the revised Terms. If you do not agree to the revised Terms, you should discontinue use of the Services and contact us to close your account.

20. Miscellaneous

• Entire Agreement. These Terms, together with our Privacy Policy and any other terms we incorporate by reference (for example, additional terms for paid features), constitute the entire agreement between you and Timatsu regarding the Services and supersede any prior or contemporaneous agreements regarding the Services.
• Severability. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.
• No Waiver. Our failure to enforce a provision of these Terms is not a waiver of our right to enforce that provision later.
• Assignment. You may not assign or transfer these Terms or any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, sale of assets, or similar transaction, or otherwise as permitted by applicable law.
• Notices. We may provide notices to you through the Services or to the contact information associated with your account. You should provide notices to us at the address in Section 21.
• Force Majeure. We are not liable for any failure or delay in performance arising from causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, network or power outages, or acts or omissions of third-party service providers.
• Relationship. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and Timatsu.
• No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights, except for the affiliates, licensors, and service providers referenced in Sections 14, 15, and 16.
• Headings. Section headings are for convenience only and have no legal effect.

21. How to Contact Us

If you have questions about these Terms or about the Services, or if you need to send us a legal notice, please contact us at:

Notice: These Terms of Use are provided for informational purposes. They describe the general terms on which Timatsu LLC offers the Services and are not legal advice. Specific situations may give rise to additional rights or obligations under applicable law; consult a qualified attorney for advice about your particular circumstances.