Terms of Service

Terms.

These Terms of Service (the "Terms") describe your rights and responsibilities when using Tinode Services (the "Services"), such as Tinode Cloud Hosting, Support Plans or any other services we may provide to you, the customer. Some sections of these terms only apply to specific Services, as indicated by the headings of the respective paragraph. These Terms do not apply to engagements where an individual contract was entered by the parties.

Legally Binding.

These Customer Terms form a part of a binding "Contract" between Customer and us. "Customer" is the organization that you represent in agreeing to the Contract. Please make sure you have the necessary authority to enter into the Contract on behalf of Customer before proceeding.

1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services.
2. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Changes to Terms or Services.

We may update the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Eligibility.

You may use the Services only if you are 18 years or older and capable of forming a binding contract with Tinode LLC and are not barred from using the Services under applicable law.

If you want to use certain features of the Services, you'll have to create an account ("Account") with us. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.

Content Ownership.

For purposes of these Terms: (i) "Content" means text, graphics, images, software, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; (ii) "Your Content" means any Content that Account holders (including you) provide to be made available through the Services, including the content of messages you send to other users of the Services.

Tinode LLC does not claim any ownership rights in any of Your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit Your Content. Subject to the foregoing, Tinode LLC and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in oraccompanying the Services or Content.

Duties and Unacceptable Conduct.

You agree to abide by the following list of duties and unacceptable conduct for our Services. If we believe a violation of the policy is deliberate, repeated or presents a credible risk of harm to other users, our customers, the Services or any third parties, we may suspend or terminate your access.

You must:

• comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies;
• upload and disseminate only Content to which you own all required rights under law and under contractual and fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) and do so only consistent with applicable law;
• keep passwords and all other login information confidential;
• monitor and control all activity conducted through your account in connection with the Services;
• promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your accounts, including any loss, theft, or unauthorized disclosure or use of a username, password, or account;
• and comply in all respects with all applicable terms of the third party applications that you access or subscribe to in connection with the Services.

You may not:

• use the Services to store or transmit any Content that may infringe upon or misappropriate someone else's trademark, copyright, or other intellectual property, or that may be tortious or unlawful;
• upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Services or on the hardware of Tinode LLC or any third party;
• attempt to hack, disable, interfere with, or disrupt the features, functionality, integrity, or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third party use of the Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law);
• attempt to gain unauthorized access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services;
• impersonate any person or entity, including, but not limited to, an employee of ours, an "Administrator", an "Owner", "Tinode", or any other User, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;
• use the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism;
• access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
• send unsolicited, deceptive false source communications, promotions or advertisements, or spam;
• use contact or other user information obtained from the Services (including email addresses) to contact Users outside of the Services without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for Users for use outside of the Services;
• authorize, permit, enable, induce or encourage any third party to do any of the above.

Limitation of Liability.

1. If we believe that there is a violation of the Customer Terms or any of our other policies that can simply be remedied by removal of certain Content or taking other action, we may directly step in and take what we determine to be appropriate action (including disabling your account) if we believe there is a credible risk of harm to us, the Services, Users, or any third parties.
2. To the maximum extent permitted by law, Tinode LLC offers the Products "AS IS" and "AS AVAILABLE", and Tinode LLC hereby disclaims all warranties, whether express, implied or statutory, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, relating to these Terms.
3. NEITHER TINODE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TINODE OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4. IN NO EVENT WILL TINODE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO TINODE FOR USE OF THE SERVICES OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TINODE, AS APPLICABLE.
5. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TINODE AND YOU.

General Terms.

1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Tinode LLC and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tinode LLC and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Tinode LLC's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Tinode LLC may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
2. Notices. Any notices or other communications provided by Tinode LLC under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
3. Waiver of Rights. Tinode LLC's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tinode LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information.

If you have any questions about these Terms or the Services, please contact Tinode LLC at the link on the bottom of this page or at:

    Tinode LLC
    2210 Thomas Jefferson Dr.
    Reno, NV 89509 USA
    info@tinode.co