TTMM Alarms
END USER LICENSE AGREEMENT
and Privacy Policy
Privacy — a word from the author
“Privacy. I designed TTMM Alarms for myself — for my own convenience (the simplicity and speed of setting and managing alarms) and out of care for my own privacy. TTMM Alarms does not store, let alone process, your alarms. They are addressed to you alone, to help you give structure and regularity to your life. Nobody else will know. Please read our privacy policy — the EULA.”
This sentence is not an ornament. It is the operating principle of the product, and its formal elaboration follows below — above all in Section 4 (Data and Privacy).
Please read this End User License Agreement (“EULA“) carefully before downloading and using the software in the meaning stated below. By downloading or using this software, or by downloading its updates, you agree to be bound by the terms of this EULA and the associated Privacy Policy for as long as you use the software. If you do not agree to any of the provisions of this EULA, please refrain from downloading and using this software.
1. General Provisions
1.1.
This EULA sets out the terms on which TTMM Spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Warsaw, Poland, address: ul. Stefana Batorego 18 lok. 108, 02-591 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0000789113, Tax Identification Number (NIP): 7010928954, share capital of PLN 5,000 (in words: five thousand Polish zloty) (“TTMM“, “we“) grants you the right to use the TTMM Alarms software — a utility application for Pebble smartwatches used to set alarms and reminders on the device (the “Software” or the “App“). The Privacy Policy contained in Section 4 forms an integral part of this EULA. You are also required to comply with any additional terms concerning the Software, should TTMM make them available.
1.2.
The Software — including its future updates or replacement versions — is licensed, not sold. The Software and all of its parts are protected by copyright and other intellectual property laws. This EULA does not include the right to receive or use the source or object code of the Software. The TTMM name and the TTMM logo are registered trademarks of TTMM in the European Union and other countries. All other trademarks are the property of their respective owners.
1.3.
The TTMM Alarms Software is intended for smartwatches of the Pebble family (including Pebble Time 2 and compatible Core devices) and may be available under different payment models. The App allows you to set, tag and trigger alarms and reminders directly on the watch.
2. Permitted Use and Restrictions
2.1.
Subject to the terms of this EULA, you are granted a limited, non-exclusive, non-transferable and revocable license to install and use the Software, without territorial restrictions, solely for your own private (i.e. non-commercial) use. You may use the Software only in the following way:
a) you may use the Software in accordance with its intended purpose, i.e. install it on your Pebble or Core smartwatch, connect it to your mobile device via the Pebble / Core Devices app, and use it to set and receive alarms and reminders,
b) you may not copy (except as explicitly permitted by this EULA), adapt, decompile, reverse engineer, disassemble, attempt to derive the source code of, create derivative works of, or modify the Software or any of its parts,
c) you may not transfer, assign, rent, lease, lend, sell, bring to market or redistribute the Software, or sublicense the copyright, without additional consent given by TTMM,
d) you cannot use the Software to provide services of a profitable nature,
e) you may not remove, obscure or alter any proprietary notices, including trademark and copyright notices, and information about the Software’s authors,
f) you cannot use the Software in a way that may potentially be illegal, offensive, indecent, or that deteriorates the quality, value and reputation of TTMM,
g) you may not use the license in a way that leads to breaching the rights of third parties,
h) you agree to use the Software in compliance with applicable laws, including the local laws of the region or country you reside in,
i) you represent that you have read the description and any disclaimer accompanying the App, if provided by TTMM,
j) any rights that have not been explicitly granted in this EULA are considered not granted; this EULA does not grant you any proprietary rights in the Software and under no circumstances can be understood as a sale agreement,
k) you acknowledge that Pebble, Core and their subsidiaries may be third-party beneficiaries of this EULA to the extent it concerns the platform on which you use the Software.
2.2.
Copyright and other intellectual property rights and industrial property rights in the Software belong to TTMM or its suppliers. TTMM reserves all rights not explicitly granted in this EULA.
2.3.
In the event of a third-party claim that the Software, or your possession and use of it, infringes that third party’s intellectual property rights, TTMM will be responsible for the investigation, defense and settlement of such claim to the extent required by applicable law.
2.4.
In every case of a breach of this EULA or of TTMM’s copyright, you undertake to inform TTMM at biuro@ttmm.com.pl within 7 (seven) days of discovering the breach.
3. Technical Requirements
3.1.
To use the Software, the following conditions must be met:
a) a mobile device running iOS or Android with the Pebble / Core Devices app installed, and a paired Pebble smartwatch (including Pebble Time 2) or a compatible Core device,
b) installation of the TTMM Alarms App on the device (smartwatch),
c) certain functions (e.g. downloading the App, handling payments) may require a stable internet connection and a Bluetooth connection between the phone and the watch.
3.2.
TTMM Alarms is distributed through TTMM’s own distribution channel (apps.ttmm.is) and installed on your Pebble smartwatch. Purchase and payment are handled via KiezelPay — see Sections 4.3 and 7.7.
3.3.
The App runs locally on the watch. Due to the way the Pebble operating system works, a utility application may not operate correctly or may not trigger notifications if another app or watchface is being displayed at a given moment; alarms are delivered through the system’s background wakeup mechanism to the extent made available by the Pebble system.
3.4.
TTMM advises that if you modify the operating system of your devices, or install and use other software that may affect the operation of the Software, the Software may fail to work or may work incorrectly, for which TTMM bears no responsibility.
4. Data and Privacy
4.1. The overriding principle — your alarms stay on your device.
TTMM Alarms does not store or process your alarms, reminders, tags or settings outside your device. All alarms you set are saved solely in the local memory of your smartwatch (Pebble’s persistent storage mechanism). TTMM does not operate any server collecting alarms, does not create user accounts for alarm content, and has no technical access to what alarms you set.
4.2. No profiling and no sharing.
TTMM does not profile you based on your alarms, does not sell and does not share your alarm data with any third parties, whether for advertising or analytics. Nobody but you — including TTMM — knows what alarms you have set.
4.3. Payment, licensing and buyer identification — the separate controller is KiezelPay, not TTMM.
Purchase and unlocking of the App are handled via KiezelPay (kzl.io) — an independent entity operating distribution, licensing and payments for smartwatch apps. The sales model is trial → purchase: the App runs free of charge for 48 hours, after which a purchase is required for continued use (price: USD 4.99; KiezelPay product identifier: kpay-1153252390). You make the purchase by entering the code shown on the watch at kzl.io/code.
The licensing mechanism operating within the App transmits to the KiezelPay server a technical identifier of your device (the watch’s hardware identifier) and the product identifier — solely to verify and maintain the license status. The App does not transmit your alarms, your name or your email address to KiezelPay or to TTMM.
You provide your email address and payment details directly on the KiezelPay site (not in the App and not to TTMM). Payments are handled by KiezelPay’s payment providers; payment-card data (number, expiration date, CVV) and bank information are never made available to the seller — they are handled exclusively by the payment providers. With respect to the purchase, buyer identification (e.g. for refunds and re-unlocking the license after reinstallation), payment processing and tax settlement, KiezelPay is a separate, independent data controller — it operates under its own privacy policy and terms, which TTMM does not control. You will find these at kiezelpay.com and in the KiezelPay terms of service. TTMM does not process payment data and does not administer your KiezelPay account.
As the seller, TTMM has access in the KiezelPay seller panel to limited data associated with your purchase: the purchase reference, your first and last name — where supplied by the payment flow — country, product, platform and device model, purchase date, transaction status and payment type, transaction amounts, and basic purchase-history events. TTMM processes this data solely to handle the sales relationship, support and settlements (legal basis: legitimate interest — Art. 6(1)(f) GDPR) and does not use it for marketing without your separate consent. The buyer’s email address is not exposed to TTMM in the transaction view.
4.4. Technical data of the distribution channel and diagnostics.
The App itself collects no diagnostic or telemetry data and contains no analytics tools — it does not send TTMM any information about how you use your alarms.
You download the App from TTMM’s own distribution channel (apps.ttmm.is). Like any web server, this channel may register standard technical connection data on the server side.
The apps.ttmm.is server records standard technical data in its access logs: IP address, browser/device type (user-agent), timestamp and the requested resource. An IP address may constitute personal data. TTMM processes this data solely to maintain, secure and diagnose the distribution channel (legal basis: the controller’s legitimate interest — Art. 6(1)(f) GDPR) and retains it for a limited period necessary for these purposes, after which it is deleted..
4.5. Third parties.
The App runs on the Pebble/Core platform and uses KiezelPay. These entities have their own privacy policies, over which TTMM has no influence. We encourage you to read them. You can find the privacy policy of Core Devices LLC here: repebble.com/privacy.
4.6. Controller and your rights.
The controller of personal data processed by TTMM within the scope described in Sections 4.3 (data visible in the seller panel) and 4.4 (server logs — if kept) is TTMM Sp. z o.o., ul. Stefana Batorego 18 lok. 108, 02-591 Warsaw, Poland, contact: biuro@ttmm.com.pl. With respect to the purchase, payment, email address and buyer identification, the separate, independent controller is KiezelPay (Section 4.3), acting under its own privacy policy.
With respect to data processed by TTMM, you have the rights provided by the GDPR: access to your data, rectification, erasure, restriction of processing, objection to processing based on legitimate interest, and the right to lodge a complaint with the supervisory authority — the President of the Personal Data Protection Office (PUODO), Poland. In matters concerning the purchase, refunds, re-unlocking of the license, and data provided at payment (including your email address), please contact KiezelPay (help@kiezelpay.com) in accordance with its privacy policy.
5. Contract Termination
5.1.
The license to the Software is granted for an indefinite period and may expire when a given part of the Software is withdrawn or when the distribution platform ceases to be available. Your rights under this EULA then terminate automatically.
5.2.
If you breach any provision of this EULA, TTMM has the right to terminate this EULA immediately. Provisions which by their nature survive termination shall continue to bind you after termination.
5.3.
Upon termination of the EULA, you shall cease using the Software and uninstall it from your devices.
6. Limitation of Liability
6.1.
TO THE EXTENT PERMITTED BY LAW, TTMM SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA OR BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY. IN PARTICULAR, TTMM SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF A MISSED, DELAYED OR FAILED ALARM RESULTING FROM DEVICE FAILURE, BATTERY DEPLETION, LACK OF BLUETOOTH CONNECTION, SYSTEM MODIFICATIONS OR LIMITATIONS OF THE PEBBLE OPERATING SYSTEM.
6.2.
TTMM is not responsible for the content of third-party sites or services to which it links or gives access solely for the user’s convenience.
6.3.
Regardless of the damages incurred, TTMM’s total liability arising out of or related to this EULA is limited to the amount you actually paid for the Software.
6.4.
If you are a consumer, depending on the country or region you reside in, the laws of that region or country may not allow the above limitations to apply to you to the extent stated above.
6.5.
The above limitations do not apply to damage caused intentionally by TTMM.
Functional notice: TTMM Alarms is a tool supporting the organization of your day and should not be the only mechanism you rely on in situations of critical importance (e.g. taking medication, medical obligations, safety). Always use an independent backup.
7. Disclaimer of Warranties
7.1.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR SOLE RISK.
7.2.
THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
7.3.
TTMM DOES NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED.
7.4.
TTMM has no obligation to provide maintenance or support for the Software beyond the extent required by applicable law. The distribution platforms (Pebble/Core, the apps.ttmm.is channel) have no obligation to provide such support.
7.5.
You agree that TTMM has no obligation to provide any updates, fixes or modifications of the Software, but may provide them at its sole discretion. Any updates form an integral part of the Software and are subject to the provisions of this EULA.
7.6.
If you are a consumer, depending on the country or region you reside in, the laws of that region or country may not allow the above exclusions to apply to you to the extent stated above.
7.7.
In the event of a defect in the Software to which the disclaimer of warranty cannot be applied, you may notify KiezelPay, and KiezelPay may refund the purchase price in accordance with its refund policy. To the maximum extent permitted by applicable law, KiezelPay has no other warranty obligations with respect to the Software; all other claims may only be TTMM’s sole responsibility.
8. External Services
The Software may enable access to services or sites of TTMM and/or third parties (“External Services“). You use them at your own risk. TTMM is not responsible for the content or accuracy of third-party services. TTMM reserves the right to change, suspend or remove access to External Services at any time, without notice and without liability to you.
9. Assignment
You agree that TTMM may transfer any of its rights and obligations under this EULA to any third party, at any time, without your separate consent.
10. Controlling Law and Jurisdiction
10.1.
This EULA shall be governed by, and construed in accordance with, the laws of Poland, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.
10.2.
Any disputes arising out of or in connection with this EULA shall be resolved exclusively by the court in Warsaw competent for TTMM’s registered office.
11. Severability
If any provision of this EULA proves to be illegal, unenforceable or invalid in whole or in part, the validity and enforceability of the remaining provisions shall not be affected.
12. Indemnification
You agree to indemnify and hold harmless TTMM and its affiliates, officers, employees, agents, partners and licensors from any claims, including reasonable attorneys’ fees, arising from: (a) your use of the Software; (b) your violation of this EULA or any law; or (c) your violation of any right of a third party.
13. Miscellaneous
13.1.
This EULA is concluded between TTMM and you only. TTMM is solely responsible for the content of this EULA.
13.2.
This EULA constitutes the final, complete and exclusive statement of the terms of use of the Software and supersedes all prior understandings in this respect.
13.3.
TTMM reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, TTMM will provide at least 14 days’ notice before the new terms take effect. By continuing to use the Software after the revisions become effective, you agree to be bound by the revised terms.
13.4.
If you want to use the Software commercially, you should enter into an additional agreement with TTMM.
13.5.
The provisions of this EULA may not infringe upon consumer rights where such rights apply. In such a case these provisions shall not apply to the relevant extent.
13.6.
The prevailing version of this EULA is the English version. Any translations, if made, shall be available only for convenience.
13.7.
Any notice, communication or statement, as well as all claims and requests regarding the Software or this EULA, shall be sent by email to: biuro@ttmm.com.pl or by letter to the address: TTMM Sp. z o.o., ul. Stefana Batorego 18 lok. 108, 02-591 Warsaw, Poland.
13.8.
You acknowledge that it is TTMM, and not the platform operator or the payment provider, that is responsible for addressing claims by you or any third party relating to the Software, to the extent required by applicable law, subject to the payment-related delineation described in Sections 4.3 and 7.7 (payment/transaction data — KiezelPay).
13.9.
If you provide TTMM with feedback or suggestions regarding the Software, TTMM may use them without any obligation of remuneration, compensation or credits.
13.10.
Any complaints or claims arising from this EULA or the use of the Software will be handled within a reasonable timeframe, not exceeding 30 (thirty) days.
TTMM Spółka z ograniczoną odpowiedzialnością
ul. Stefana Batorego 18 lok. 108, 02-591 Warsaw, Poland
KRS: 0000789113 · NIP: 7010928954 · Share capital: PLN 5,000
Contact: biuro@ttmm.com.pl
TTMM · [DATE] · version [VERSION]