Terms of Service





Our Data

In order to comply with current legislation, we inform you of our data:

What are the Terms of Service?

The Terms of Service constitutes a contract between us. The Terms of Service include the provisions set forth in this document and in the iMy-Tyme™ Privacy Policy and other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific Service offerings (all of which we collectively refer to as the “Terms of Service” or “Terms”). If you do not agree to these Terms, you do not have the right to access or use our Service. If you do register for or otherwise use our Service, you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.

By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of your Account Information and your Content in accordance with such Privacy Policy.

What is the iMy-Tyme™ Service?

The iMy-Tyme™ Service consists of iMy-Tyme™ Software (as defined below), and other products, services and web sites hosted or made available by iMy-Tyme™, which enable you to apply My-Tyme® methodologies to your life (collectively, the “Service”). In exchange for being enabled to use the Service, you agree to abide by these Terms.

If this is a contract, who are the parties?

You are one party to this contract. The other party to this contract is Productivity Services LLC, a corporation headquartered in Miami (FL), USA. Productivity Services LLC, may be referred to in these Terms of Service as “PRODUCSER,” “we” and sometimes “us”).

Will these Terms of Service ever change?

Changes in these Terms are almost certain to happen, due to changes in our Service and the laws that apply to us and you. If we make a change, we’ll do our best to provide you with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We’ll announce changes here at our site, and we also may elect to notify you of changes by sending an email to the address you have provided to us. We will also try to explain the reasons for the change.

If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using our Service (see “How is My Account Closed” below); your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.

What do I have to do to use the iMy-Tyme™ Service?

Actions needed to access iMy-Tyme™ Service depend on the profile(s) you are going to be assigned within it.

Profile “Client”

First, you need to create an iMy-Tyme™ Service account. You create an account by providing us with an email address, some personal data and creating a password. We refer to this as your “Account Information”. A “Link-up Code”, explained later, is also required to link you to a Licensee who you are in relation with, so your account will be “enabled” for the purposes explained later.

Second, you will need to confirm your account by accessing with a web browser to the URL provided as a link in the email we will send to you with such purpose.

Lastly, you will be able to purchase the User License enabling you to synchronize data from your iMy-Tyme™ account to our cloud; thus, you will be able to share your data between all your devices where you install iMy-Tyme™ App and access them, also, through a web browser in any device you want to. Don't forget that the Software and Services provided by us neither include obtaining any tablet or device nor their data plans or connectivity in order to carry out this synchronization.

Profile “Licensee”

In order to use the iMy-Tyme™ Service, users with this profile need to be created by upper profiles (Master Licensee or Manager) and reset their password through the link they will receive.

Profile “Master Licensee”

Master Licensee users are created by Managers based on their relationship with Leadership Management International, Inc. Users of this kind can be also created by other users with the same profile within the same Master Licensee entity. In any of both cases, they need to reset their password in order to their account to be active.

Profile “Manager”

Manager users are created directly by the system administrator or by another manager.

We encourage you to use a distinct and non-obvious password that is different from passwords you use for any other service. You are responsible for maintaining the accuracy, completeness and confidentiality of your Account Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorized use of your Account Information or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify our Customer Support team.

Can I share my account with someone else?

iMy-Tyme™ Service accounts should not be shared. If you share your Account Information with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper account holder. We will not have any liability to you (or anyone you share your Account Information with) as a result of your or their actions under those circumstances.

What are my rights in the iMy-Tyme™ Service?

Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the iMy-Tyme™ Software provided to you by or on behalf of PRODUCSER, for the sole purpose of enabling you to use the iMy-Tyme™ Software and enjoy the benefit of the Service, subject to any applicable license terms provided with the iMy-Tyme™ Software and these Terms, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in PRODUCSER or the Service.

Are my data mine?

You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the Service. But you do have to grant PRODUCSER a limited license, as described below, so we can make your data accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, PRODUCSER acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content.

What is the License I have to grant to PRODUCSER?

In order to enable PRODUCSER to operate the Service, we must obtain from you certain limited license rights to process your Content so that technical actions we take in operating the Service are not considered legal violations. For example, copyright laws could prevent us from processing, maintaining, storing, backing-up and distributing your Content, unless you give us these rights. Accordingly, by using the Service and uploading Content, you are granting PRODUCSER a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smart phones as well as computers and other devices) and reproduce such Content to enable PRODUCSER to operate the Service. You also agree that PRODUCSER has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion.

You agree that these rights and licenses are royalty free, worldwide and irrevocable (for so long as your Content is stored with us), and include a right for PRODUCSER to make such Content available to, and pass these rights along to, others with whom PRODUCSER has contractual relationships related to the provision of the iMy-Tyme™ Service, solely for the purpose of providing you with such services, and to otherwise permit access to or disclose your Content to third parties if PRODUCSER determines such access is necessary to comply with its legal obligations.

Given that we rely upon your rights to upload and distribute your Content, you represent and warrant to PRODUCSER that you have the unrestricted legal rights and authority to submit your Content to PRODUCSER, to make any other use of that Content in your use of the Service, and to grant the rights granted to PRODUCSER under these Terms.

Finally, you understand and agree that PRODUCSER, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.

What other assurances do I have to grant to PRODUCSER?

When you, as an advanced-profile user of iMy-Tyme™, manipulate another user's profile or status, iMy-Tyme™ sends some email messages on your behalf. We are relying on your representation to us that you have a direct relationship with the recipient(s), that you have prior consent from the recipient(s) to add them to the iMy-Tyme™ service or manage their user profile or status, and that you are respecting the legal rights of the recipient(s) not to receive certain kinds of messages.

What can I do on the iMy-Tyme™ Service?

Your use of the Service must be in accordance with these Terms. When it comes to your use of the Service, you agree that you are responsible for your own conduct and all conduct under your account. This means all Content – such as text, images, software, videos and anything else you can think of, no matter what the form or technical structure (collectively, “Content”) – created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the Service. If we find that any shared Content in your account violates our Terms of Service (including by violating another person’s intellectual property rights), we reserve the right to take down such content.

Will PRODUCSER look at my content?

Your privacy in your Content is a paramount concern for us, and we hope that we never need to examine anyone’s Content. However, there are limited circumstances in which we may have the need to review part or all of your Content, as discussed in our Privacy Policy.

Will anyone else see my Content?

Except as described here and in our Privacy Policy, no one else should see your Content. Of course, if you do elect to share your Account Information with another person (don't forget we discourage this as stated above), then you would be enabling each of those people to access, use, display, perform, distribute and modify your Content (subject to any understandings or agreements you and such users may work out without PRODUCSER’s involvement).

What Rights does PRODUCSER have relating to the Service?

Content rights

While you own the Content you store with the iMy-Tyme™ Service (subject to third party rights), you acknowledge and agree that PRODUCSER (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service that is hosted on iMy-Tyme™’s servers and all software deployed by you or a third party to enable capturing of Content originating outside the Service, such as iMy-Tyme™ Tablet App or any of the iMy-Tyme™ software applications for compatible computing devices that enable access and use of the Service through such device (the “iMy-Tyme™ Software”).

Intellectual Property rights

My-Tyme® and My-Tyme® Success Planner® are trademarks of The Meyer Resource Group,® Inc.

Intellectual property rights on the contents of the webpages, their graphic design (Look & Feel) and source codes are owned by Productivity Services LLC or have been granted contractually by Leadership Management International, Inc. Therefore, reproduction, distribution, public communication, transformation or any other activity that may be done on the sourcecode and/or contents of the iMy-Tyme™ Software is prohibited, even when the sources are cited, unless prior written permission from Productivity Services LLC

In agreeing to these Terms, you also agree that the rights in the Service and iMy-Tyme™ Software, including all intellectual property rights, such as trademarks, patents, industrial designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any iMy-Tyme™ Software, unless you are expressly permitted to do so under an open source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition.

Right to modify the Service

We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service and any iMy-Tyme™ Software, including changes that may affect the previous mode of operation of the Service or iMy-Tyme™ Software. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions and email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice.

You also acknowledge that a variety of PRODUCSER actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that PRODUCSER has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber for the paid version of the Service (“Paid Service”) and find that any such modifications or interruption of the Paid Service adversely affects you, you may notify our Customer Support Team, explain the adverse impact the modification has created and, if you desire, request a termination of your Paid Service. Upon receipt of any such request, we will do our best to promptly remedy the adverse impact caused by the modification, extend the duration of your Paid Service subscription for a period of time equal to the interruption and/or refund a portion of your Paid Service subscription fee equal to the remaining unused term of the Paid Service subscription, as we determine appropriate.

Right to engage third parties

PRODUCSER may from time to time engage certain affiliates or other third parties to provide technical or other services relating to all or part of the Service, and you hereby agree that such third party involvement is acceptable. In addition, PRODUCSER may contract with payment processors to enable payments in your local currency and payment systems. Please see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your account information or contents.

Right to use third-party software

PRODUCSER may from time to time include as part of the Service and iMy-Tyme™ Software computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. PRODUCSER expressly disclaims any warranty or other assurance to you regarding such third party software.

Right to update our Software

In connection with any modification of the Service, PRODUCSER may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. PRODUCSER will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), PRODUCSER may require you to install the update to continue accessing the Service. In all cases, you agree to permit PRODUCSER to deliver these updates to you (and you to receive them) as part of your use of the Service.

Right to close or cancel your account

PRODUCSER may take action to temporarily limit your use of the Service, suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for PRODUCSER suspending or closing your account may include, without limitation: (i) breach or violation of these Terms, (ii) an extended period of inactivity (determined in PRODUCSER’s sole discretion), (iii) your nonpayment of any fees due PRODUCSER or any other party related to your use of the Service, (iv) the discontinuance or material modification of the Service (or any part thereof) or (v) unexpected technical or security issues or problems or extensive Unsupported Use.

In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on the Service servers (unless we determine that we are legally prohibited from providing such notice or enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account.

Where does my Data go?

The iMy-Tyme™ Service is available worldwide, but our data processing operations take place in USA and the European Union. If you use the Service, you acknowledge that you may be sending electronic communications (including your personal account information and Content), through computer networks owned by PRODUCSER and third parties located in USA, Ireland and other countries inside and outside the European Union. As a result, your use of the Service will likely result in international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions.

What happens to my Account when I die?

PRODUCSER’s pledge to protect the privacy of your Content will continue, even after your death or incapacity. If you wish to enable someone to have access to your Content or Account Information after you are no longer able to provide them access, you need to implement a process for providing your Account Information to them. We will not provide your Account Information, or your Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. We encourage you to include your Account Information, with instructions on how to access your Content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so.

Does iMy-Tyme™ serve Ads?

Roundly no. We consider the Service so valuable that our Client-profiled users will want to subscribe in Paid mode.

What else do I need to know?

Indemnity

You agree to indemnify and hold PRODUCSER, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

Limitation of Liability

To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED AND PRODUCTS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODUCSER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) PRODUCSER DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRODUCSER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PRODUCSER, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF PRODUCSER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (v) PRODUCSER’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE.

Exclusions and Limitations

NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

How will PRODUCSER contact me if needed?

It’s important for you to make sure your Account Information is accurate, complete and up to date. We may provide you with notices by email (to the email address associated with your account), regular mail or postings on the web site(s) related to the affected Service.

How can I send a notice to PRODUCSER?

Except where these Terms specifically provide for use of a different means or address for notice, any notice to PRODUCSER must be delivered by email to website@producser.com. This email address may be updated as part of any update to these Terms of Service. If you are unable to deliver notice via email, you may send a notice to us at the following address (as applicable to your Service provider):

Productivity Services LLC


Attention: Legal Notice

Governing Law

Except to the extent inconsistent with or preempted by federal law and except as otherwise stated in these Terms of Service, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern this agreement and any claim or dispute that has arisen or may arise between you and PRODUCSER.

Is this all?

First, these Terms constitute the entire agreement between you and PRODUCSER and govern your use of the Service. These Terms supersede any prior agreements or earlier versions of these Terms between you and PRODUCSER for the use of the Service as of the Effective Date indicated at the top of these Terms. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.

Second, you acknowledge and agree that each affiliate of PRODUCSER shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms.

Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.

Versión: 2.00

Última actualización: alrededor de 1 año

XCerrar