OffTime by THEAPPLAB Legal Conditions:
We, OFFTIME by THEAPPLAB, S.L., Parque Empresarial Miraflores, Nave 3, 50.720 Zaragoza (Spain), (“OFFTIME”; “we”), have developed the application ( OFFTIME ) (“Offtime”, “Offtime App” or “app”) which can be downloaded at www.offtime.es and other domains or can be used online. The Offtime App is a Service to encourage and support a more meaningful and sensible way to use smartphone-based digital communication. It provides information on how much time users spend on individual activities on their smartphone. If a user would like to change their smartphone usage, they can temporarily opt out, adjust or restrict communication or the use of the digital device – alone or together with others – by enabling the Offtime function (“Offtime event”). The app can be used worldwide on mobile devices (Android, iOS coming soon) and in future on all popular operating systems.
1. Scope: Who and What Do These Conditions Apply to?
2. Purpose of the Agreement: Scope of Offtime App’s Offer
2.1 The purpose of this agreement is the paid or free of charge use of the Offtime App applications, which can be retrieved via www.offtime.es as a web application or via desktop applications and corresponding mobile applications (“apps”). All data are stored in the Cloud and can thus be retrieved at any time by various types of terminals or a web application. In which form and on which devices you can use Offtime App is described at www.offtime.es. Offtime App provides the following for the use of various different applications:
Each user has her own profile, which s/he can personalize by uploading a picture.
Each user-profile contains various tools and features as well as pre-installed profiles. You can use these profiles for Offtime Events, create additional profiles and invite other users to shared Offtime events. As the administrator, you are responsible for the profiles, Offtime groups and events you have created and are free to decide whom you want to invite.
You can also be invited to Profiles, Groups and Events that are created by other users or providers. However, your are not automatically entitled to be invited. Administrators are free to decide whom they invite to their Profiles, Groups and Events.
In a shared Offtime Event all group members will be notified when you use your phone before the events end.
In a group you can share, compare and compete with your device usage time and details. The administrator can set rules and goals. Limitations to your phone might occur depending on the rules and goals the administrator sets.
Via your phonebook or if you have logged on via your Facebook or Twitter account, you can invite people who have not yet registered to Offtime App via your friends’ list.
You can also invite unregistered persons to Offtime App by entering their email addresses.
The persons you may invite will see your name, your profile photo as well as your email-address or phone number.
You can subscribe to a PREMIUM/PRO Account for a fee. The exact scope of services can be seen in the description of services of the PRO Accounts which you can access at http://offtime.es.
2.2 The Offtime App provides a service that encourages and supports a more meaningful and sensible way to use smartphone-based digital communication. It provides information on how much time users spend on individual activities on their smartphone. If a user would like to change their smartphone usage, they can temporarily opt out, adjust or restrict communication or the use of the digital device – alone or together with others. We provide the technical requirements in the form of the applications. We are not involved in the content of the connection or communication between users ourselves.
2.3 In the future, external development partners will be able to offer applications/features via Offtime App which you can integrate into your Offtime App profile. The price of these applications/features will be determined solely by the development partner. You will enter into the agreement for use for these applications/features solely with the development partner.
2.4 OFFTIME does not guarantee that the app will run without any interruptions or faults whatsoever. OFFTIME does not assume any responsibility with regard to the app functions or for the correctness of information on usage patterns provided about the user themselves or other users. Using the app is at the user’s own responsibility and risk. Furthermore, the user alone is responsible for all access to their mobile device and to their usage patterns. OFFTIME shall not assume any responsibility whatsoever in this respect. OFFTIME recommends all users protect their device(s) with a password to safeguard information on their smartphone usage and to stop it from becoming accessible to third parties if the device is lost or stolen. If maintenance work is necessary and if Offtime App is not available for maintenance reasons, we will duly inform you. We will not be responsible for internet/network-related downtimes and, in particular, for downtimes in which Offtime App cannot be accessed due to technical or other problems outside our area of influence, e.g. force majeur, fault of third parties.
3. Registration, Concluding Contracts, Use of the Offtime App: Rights and Responsibilities
3.1 Downloading Offtime App
3.1.1 You can download the Offtime App as a mobile app for various devices or if available as a desktop app
3.2 Registration, Conclusion of a Contract
3.2.1 You can use Offtime App without registering. However, non-registered accounts may be restricted in terms of time and range of functions.
3.2.2 To be able to use all the functions of Offtime App, you will need to register.
3.2.3 We offer you various registration options. You can choose which of these options you would like to use to register.
3.2.4 To register with Offtime App you must supply the required data truthfully and fully if these are not voluntary details. You must choose a user name and an email address at which we can contact you. After you have registered, we will send you a confirmation of your registration via email together with these Terms and Conditions. The registration process will not be completed until you have received this email (“Conclusion of Registration”).
3.3 Concluding the Agreement
3.3.1 Web App and Desktop App
In the case of the web and the desktop app, you have concluded an agreement with us once you have downloaded the app and/or used it for the first time.
3.3.2 Mobile Apps
In the case of the mobile apps, you conclude an agreement for use when you click on the “Install” button on the product description page of the relevant app store and, where required, you enter your password.
3.3.3 There is no entitlement to conclude an agreement for use. We can decline to accept your registration at any time without giving reasons. In this case, we will of course delete all of your information and data.
3.4 You may use all of the free features of the Offtime App free of charge. Using features that are not free of charge as a “PREMIUM/PRO” user may incur charges. Extra charges may apply when downloading the app outside of Spain or from a non-Spanish app store or through the carrier’s data or SMS charges while using functionality such as auto-answers.
3.5 You are responsible for keeping your password confidential. This means, that you don’t give it to anyone else, that you don’t permit or enable third parties to gain knowledge of it and that you take the necessary steps to guarantee its confidentiality. If your credentials are lost or misused or if you suspect that they have been lost or misused, you must notify us of this immediately via email at: email@example.com . OFFTIME recommends all users protect their device(s) with a password to safeguard information on their smartphone usage and to stop it from becoming accessible to third parties if the device is lost or stolen.
3.6 Rules for using the Offtime App
3.6.1 When using the Offtime App you must obey all of the relevant laws and other legal provisions of Spain, and European GDPR (General Data Protection Regulation). In particular, you may not enter and/or disseminate unlawful data or data that infringes copyrights and any other third party rights. Such data includes but is not limited to: text, images, graphics or links. You are solely responsible for the data and content you provide. We do not examine whether content uploaded is appropriate or free of viruses nor do we determine whether it is technically possible to examine it for viruses.
3.6.2 You have the option of uploading a profile picture and, as indicated, other content in your profile. Before you upload any document, you must ensure that you are the owner of the exclusive usage rights of the document and that making the document publicly available is not against any laws, moral standards and/or the rights of third parties.
3.6.3 You may not upload any files depicting violence or pornographic, discriminatory, insulting, racist, slanderous or otherwise illegal content or documents and/or make them publicly accessible. Pictures or photos showing people other than yourself may only be uploaded to Offtime App if you have the consent of each person.
3.6.4 You, as well as we, can delete or replace photos or other pictures at any time. In particular, we are entitled to remove pictures or files without prior warning if and when there is good reason to believe that publishing them on the Offtime App violates the law, moral standards and/or the rights of third parties.
3.6.5 Content and texts posted on the Offtime App may not be copied, disseminated or made publicly accessible in any other way without the explicit consent of the owner of the rights unless this is permitted by law.
3.6.6 Acts of harassment such as sending chain letters, overuse and abuses of the invite function or communications of a salacious or sexual nature are not permitted.
3.6.7 You are not allowed to attack the operational capacity of the Offtime App by any means, such as: sending mass emails or SMS (spam); carrying out hacking attempts or brute-force attacks; using or sending spy software, viruses or worms.
3.6.8 If you violate these rules, we will be entitled to issue you a warning, temporarily block your use of the Offtime App or, if appropriate, to fully exclude you from its use. We are entitled to remove illegal content immediately.
3.7.1 You will indemnify us from all claims, including damages claims, asserted against us by other users or other third parties, including public authorities, due to violations of their rights due to content that you have uploaded to the Offtime App. Furthermore, you will indemnify us from all claims, including damages claims, asserted against us by other users or other third parties, including public authorities, due to violations of their rights as a result of your use of Offtime App. You will bear all appropriate costs, including appropriate costs incurred for legal defence that we have to pay as a result of your violation of the rights of third parties. All of our further rights and damage claims will remain unaffected. You are entitled to provide evidence that we have incurred lower costs than stated.
3.7.2 The above-mentioned obligations will only apply if you are responsible for the violation of rights in question; in other words, if you have knowingly or deliberately omitted to exercise due diligence.
3.8 Data Backup
You will take the necessary measures according to your own risk assessment to regularly back up the data and content you have entered, uploaded and stored on the Offtime App, and create your own backup copies in order to guarantee reconstruction of the data and content in case of data loss.
3.9 Identity of Users
Technically, we are not capable to definitively determine whether a registered user on the Offtime App actually has the identity she claims to have. We therefore cannot guarantee the correct identity of any user.
4. Instruction on Revocation
4.1 Regarding the agreement of the use of this service, you have, if you are a consumer with your normal place of residence in the European Union, a legal right to revoke this agreement in accordance with the following:
Right of Revocation
You have the right to withdraw from this contract within 14 days without giving any reason.
To exercise the right of withdrawal, you must inform us (OFFTIME – THEAPPLAB, S.L., Parque Empresarial Miraflores, Nave 3, 50.720 Zaragoza (Spain), email firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may also use the attached sample withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient if you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Revocation
If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery that we offer), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Your right of revocation expires prematurely if the agreement is fulfilled by both sides on your specific request before you have exercised your right of revocation.
4.2 Sample Withdrawal Form
If you wish to withdraw from your contract, please fill out this sample withdrawal form and return it to (OFFTIME – THEAPPLAB, S.L., Parque Empresarial Miraflores, Nave 3, 50.720 Zaragoza (Spain), email email@example.com):
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods/for the provision of the following service:
Ordered on / Received on
Name of user(s)
Signature(s) [only if this form is returned on paper]
————————————— Please delete where inapplicable
5. Responsibility for Content
5.1 We accept no responsibility for texts, content, images, data and/or information uploaded by you or other Offtime App users. Furthermore, we accept no responsibility for design and/or content of external websites linked to from the Offtime App. In particular, we give no guarantee that the content showed in Offtime App is true, fulfils any particular purpose or can serve any particular purpose.
5.2 If you notice or suspect any illegal or non-contractual use of the Offtime App, you can report this to us at any time via this email address: firstname.lastname@example.org.
6. Costs and PREMIUM/PRO Accounts
6.1.1 Parts of the Offtime App can be used without account and without payment. New features or the app itself may in the future become subject to a charge. If the app or its individual functions cease to be free of charge, the user will be duly notified and may decide whether or not they would like to continue using it. Certain features are only accessible to users who have registered as PREMIUM/PRO users and who pay for PREMIUM/PRO Accounts. You will find all the benefits and features of Offtime App PREMIUM/PRO Accounts on http://www.offtime.es.
6.1 Payment and Invoicing
6.1.1 Payment for using Offtime App PRO Accounts is made in accordance with the invoicing conditions selected by you. The price and discounts that apply and are accepted by all parties at the moment of transaction are indicated at: htp://www.offtime.es.
6.1.2 . Extra charges may apply when downloading the app outside of Spain or from a non-Spanish app store or through the carrier’s data or SMS charges while using functionality such as auto-answers. Prices of applications of third-party providers or external developers are determined explicitly by them.
6.2. Compensation and Invoicing
6.2.1 Charges are due at the beginning of each invoicing period. If you have a subscription, it will renew automatically until you cancel. Every further payment will be due at the beginning of the new payment cycle.
6.2.2 All charges and prices stated include the applicable value added tax.
6.2.3 You may only offset invoices against legally determined or undisputed claims or right of retention. You may only assign claims arising from this agreement with our written consent.
6.3 Default of Your Payments
6.3.1 If you are delayed with your payment obligations (including immediately after the first default), we will be entitled to block access to your Offtime App PREMIUM/PRO Account. If your account is considerably in delays, we will be entitled to terminate the agreement without notice. A “considerably” is defined as the amount of one payment. In this case, you will remain obliged to reimburse the outstanding amount.
6.3.2 The amount of damage is to be set higher or lower if we or you are able to prove greater or lesser damage.
6.3.3 We reserve the right to assert further claims for default of payment.
7. Term of Your Licensing Agreement and Termination
7.1 Free Use of the Offtime App
7.1.1 The agreement on free use of Offtime App apps is for an indefinite period.
7.1.2 You can terminate the agreement at any time by selecting the “delete your account” option in the account settings, thereby deleting your account. On termination, unsecured data will be lost as we will delete your account completely. We will inform you of this again separately before we delete your account. PRO/PREMIUM-Payments which are done via the app stores are not necessarily affected by the deletion of the account and might have to be cancelled separately.
7.1.3 We can terminate this agreement in writing with a notice period of two (2) weeks (email will be sufficient).
7.2 Use of PREMIUM/PRO Accounts
7.2.1 Depending on the PREMIUM/PRO Account payment method, the agreement is concluded for an indefinite term or for a given fixed minimum term (“Minimum Term Agreements”).
7.2.2 Both parties may terminate the agreement at any time. If you change to another PREMIUM/PRO Account category, this will not constitute termination. We will simply adapt the conditions of payment and your rights to your new PREMIUM/PRO Account category.
7.2.3 Agreements with a minimum term will run until the end of the agreed period and will be extended automatically by the same period if you do not terminate your Account beforehand by deleting it in accordance with No. 7.1.2 or by downgrading it to free use. If you terminate or downgrade a PREMIUM/PRO Account, the original agreements will run to the end of the agreed term and will not be renewed. Reimbursement of already-paid fees for the current term is not possible.
7.3 In addition, the agreement may be terminated for just cause. Just cause, which would entitle OFFTIME to terminate the agreement, would be if you breach your contractual obligations, in particular the rules of use described in Section 3.6 or if you are delayed with your payment obligations in accordance with Section 6.2.1.
8. Liability for Defects
8.1 We are only liable for defects in the Offtime App in accordance with Section 8 provided the impairments are not due to the restrictions in availability (SLA) and other causes described in Section 2.4.
8.2 A defect will always be deemed to exist if the suitability for contractual use is suspended or considerably restricted. If suitability for contractual use is suspended in full, you will be released from paying your charges in accordance with No. 6 until the defect is corrected. If use is partially available, the charges will be reduced to an appropriate level for the period until the defect is corrected.
8.3 You must inform us of the defect in writing or by email immediately.
8.4 You are not entitled to damages due to a defect to the Offtime App due to a circumstance for which we are not responsible, either existing when you sign the agreement or occurring thereafter.
8.5 Further claims and rights for defects to the Offtime App—other than those explicitly named in No. 8—will not be recognized except if we are held liable for them by statutory provisions.
9.1 Free Use of the Offtime App
Our liability for use of the free Offtime App product is restricted to intention and gross negligence or the absence of a guaranteed characteristic. We will be fully liable in cases of intention; in cases of gross negligence and the absence of a guaranteed feature, our liability will be restricted to typical and foreseeable damage. Any further liability is excluded.
9.2 Use of the PREMIUM/PRO Accounts for Payment
We will be liable as follows for use of PREMIUM/PRO Accounts made available against payment:
9.2.1 Claims by users for compensation will not be recognized. Exceptions are: damages claimed by users for death, physical injury, harm to human health, the breach of essential contractual obligations (cardinal obligations) or liability for other damage resulting from an intently or grossly negligent breach of duty on our part, our legal representatives or assistants. Cardinal obligations within the meaning of these Terms and Conditions are those obligations that make the due performance of this agreement and the achievement of its objectives possible in the first place, and on the regular compliance of which the user may therefore rely.
9.2.2 Where essential contractual obligations are violated, we will only be liable for the foreseeable damage typical to agreements of this nature if the damage were merely caused negligently, unless the damage claims by the user refer to cases of death or injury to body or health.
9.2.3 Claims in accordance with the Spanish Product Liability Act will remain unaffected.
9.2.4 The restrictions of Sections 9.2.1 and 9.2.2 will also apply in favour of our legal representatives and assistants if claims are asserted against these parties directly.
10. Miscellaneous: Final Provisions and Amendments to the Terms and Conditions of Use
10.1 This agreement shall be governed by the laws of Spain.
( OFFTIME )
Parque Empresarial Miraflores, Nave 3
50.720 Zaragoza (Spain)
Phone No. +34976366216
Authorised signature: Miguel Mora (CEO)
Below, OFFTIME tells you about the type and extent of and the purposes for which personal data are collected and used. You can call up this information on our website anytime.
Controller – The controller within the meaning of European GDPR data protection laws is:
Parque Empresarial Miraflores, Nave 3
50.720 Zaragoza (Spain)
If you have any questions or concerns about data protection, you are welcome to also contact us by email at this address: email@example.com
Subject of Data Protection
The subject of data protection is personal data. These are individual details on personal or objective circumstances of a certain person or certain persons. These include details such as your name, your postal address, your email address, your telephone number or, where appropriate, even use-data.
Collection and Use of Data
Automated Data Collection
When you access OFFTIME websites, your internet browser automatically transmits data for technical reasons. The following data are stored separately from other data that you may have sent us:
your date and time of access,
your browser-type and version,
the operating system you use,
the URL of the website you have previously visited,
the quantity of data transmitted.
For technical reasons these data are stored and are not assigned to any identifiable person at any time.
Data Entered by Users
You can use the Offtime App both with and without registering, but by proving an username. However, you can only access Offtime using certain devices (such as an iPhone, iPod, iPad, Android as well as Windows and Marc) and without additional functions. In order to make use of all its advantages, you have to register. To do this, you must enter your name, email address and select a password as well as an optional picture. When you have been invited by somebody else this data might already be existing in the system. We require these data in order to guarantee that you are able to make full use of our service and entire offer. We need these and possibly other data not least in order to respond to your wishes, questions and criticism. Your email, name and picture will also be shown to users who you invite to a shared Offtime.
When you register via a Facebook account or other social media services further data you might provide to us might be transferred to our servers.
The central function of Offtime App and overview over your smartphone usage as well as the customization of your connectivity. You will be able to use this product both online and offline. However, some functions such as the synchronization across devices as well as the invitation of other people might be only accessible when you’re online.
If you use Offtime in combination with a registered account, all data, settings and usage times will be integrated into a database. The purpose of this database is to allow you to use Offtime at various different levels and call up your Offtimes and device usage anywhere and at any time. Data are transmitted to the respective terminal using SSL encryption so that your data are transmitted securely.
We use personal data in order to enable secure, effective and user-related use of Offtime services, including for:
calling up the Offtime-profiles and usage via the internet;
anonymously analysing device usage and Offtime statistics for press releases by OFFTIME and studies;
taking Offtimes together, inviting recommending Offtime by using the “Invite/Share” function for friends and acquaintances (email address, SMS)
Further Data transferred by the User
The user can add and invite further people (partner, friends or colleagues) to a shared OFFTIME. For this email addresses and phone numbers of the invited people will be transmitted. When the person already processes and account a direct invitation will be established. In other cases an invitation via the provided channels will be send. Not used emails and phone numbers will be deleted In regular intervals.
Transfer of Data
We will not transfer your data to third parties as a matter of course without letting you know in advance or asking for your prior permission. We may only transfer your data to third parties without informing you separately beforehand in the following exceptional cases as explained below:
If required for investigating the illegal use of Offtime or for legal proceedings, personal data will be transferred to the criminal investigation authorities and, if appropriate, to injured third parties. We will only do this if there are concrete indications of illegal and/or abusive behaviour. We can only transfer on your personal data if this is used to enforce General Terms and Conditions of Business or other agreements. We are also legally obliged to give certain public authorities information. These are criminal investigation authorities, public authorities which prosecute administrative offences entailing fines and the Spanish finance authorities.
OFFTIME provides a newsletter service free of charge. We use the newsletter to inform you about new products and send you general information about OFFTIME. We need your email address in order to send you the newsletter. You can enter your email address on OFFTIME’s start page, which is available at http://www.offtime.es. We will store and use your email address solely to send you the newsletter.
Of course you can unsubscribe the newsletter at any time. Every newsletter contains the information on how you can unsubscribe the newsletter with effect for the future.
OFFTIME stores so-called “cookies” in order to be able to offer you a comprehensive range of functions and to make it easier to use our websites. “Cookies” are small files which are stored on your computer with the help of the internet browser. If you do not want to use “cookies”, you can prevent “cookies” from being stored on your computer using the corresponding settings on your internet browser. Please note that this may restrict the functional capability and the range of functions of our offer.
Analysis of Offtime
When Offtime is used, we collect statistical data which can be traced to you. We use it to improve Offtime.
The app uses Google Analytics, a web analytics service provided by Google Inc. (hereinafter called Google) and used to improve the functionality of the app. As a general rule, the information which documents app usage patterns is transmitted to and stored by Google on servers in the United States. Before doing so, Google will truncate all IP addresses coming from European Union member states as well as from other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the app provider, Google will use this information for the purpose of evaluating and compiling reports on app usage patterns, and to provide other services relating to the way the app is used to its provider. Google will not associate IP addresses with any other data held by Google.
In this app, code has been added to Google Analytics to ensure an anonymised collection of IP addresses (IP-masking).
To stop their data from being collected by Google Analytics, users can turn off this function in the app settings.
Deleting Your Data
If your data are no longer required for the aforementioned purposes, we will delete them. If you delete your account, we will also delete all data completely from your account (device usage and Offtimes). Data which is used in anonymised form for further statistical analysis as well as shared Offtimes will remain in existence as these are part of third party accounts. If data has to be retained for statutory reasons, these will be blocked and will then no longer be available for any further use.
Right to Information and Correction
You naturally have the right to receive information about the data held and stored by OFFTIME about you. Equally, you have the right to have incorrect data corrected or blocked. To have this done, please contact: firstname.lastname@example.org or by post to the address given above.
( OFFTIME )
Parque Empresarial Miraflores, Nave 3
50.720 Zaragoza (Spain)
Phone No. +34976366216
Authorised signature: Miguel Mora (CEO)