Terms & Conditions
In order to use the Service, you must be capable of forming a legally binding contract with us. If you are using the Service on behalf of a corporation, limited liability company or other entity, you agree that you have the legal authority to enter into a contract on behalf of such entity.
Your Service Account Integrity and Security
In establishing an account in the Service, you represent that all registration information is truthful and accurate, and you agree to maintain the accuracy of such information.
You acknowledge and agree that you are responsible for maintaining the confidentiality of any passwords associated with your account. You must notify us immediately if you believe your password or account has been obtained or may be accessed or used by any unauthorized person or entity.
You acknowledge and agree that you are solely responsible for all use and activities that occur under your account.
Access and Use of the Service
Tactycal grants you and your authorized users a non-exclusive, non-transferable right to access and use the Service.
You may not, directly or indirectly: Copy, modify, create a derivative work of, the Services; or Unless otherwise permitted by law, reverse engineer, decompile, disassemble or otherwise attempt to extract the source code of the Services, or any part thereof, unless you have been specifically granted permission in writing from our authorized representative.
We may offer part of the Service as closed or open beta service (“Beta Service”) for the purpose of testing and evaluation. Unless otherwise noted, the term “Service” as used in the Agreements encompasses the “Beta Service”. You agree that we have the sole authority and discretion to determine the period of time for testing, evaluation, and offering of the Beta Service. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Service on a standard commercial basis. You will be under no obligation to acquire a subscription to use the Service as a result of your use of the Beta Service. We reserve the right within our sole discretion, with or without notice to you, for any reason and at any time to modify the Beta Service or to fully or partially discontinue the Beta Service on a temporary or permanent basis. We provide the Beta Service on an “AS IS”, as-available basis and without any warranty, indemnification, or obligation to provide technical support. In no event shall we be liable for any damage whatsoever arising out of the use of or inability to use the Beta Service, or the modification, suspension, or discontinuance of the Beta Service, or any portion thereof, for any reason, even if we have been advised of the possibility of such damages. The entire risk arising out of the use or performance of the Beta Service by you remains with you. In return for access to the Beta Service at a discount to the fee for the Service with similar functionality, you agree to provide timely feedback to us of all defects identified during your use of the Beta Service.
Consideration and Rights
In consideration for the rights granted to you under the Agreements, you grant us the right to allow the Service to use the processor, bandwidth and storage on your computer in order to facilitate the operation of the Service.
Proprietary Rights: By uploading, submitting and posting Content to the Service, you represent and warrant that you have all right, title, license and authority to upload, submit and post the Content, including the right to publish and distribute by electronic and digital means.
Non-Infringing: By uploading, submitting and posting Content to the Service, you represent and warrant that the Content does not (i) violate, infringe or misappropriate on the rights associated with any third parties, including, but not limited to, privacy rights, copyright, trademark, trade secrets, or patents, or (ii) violate any statute, law, ordinance or regulation.
License: By uploading, submitting, or posting any Content to the Service, you grant to us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, copy, display, perform, create derivative works from, distribute, transmit and sublicense such Content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights, if any.
We are not responsible for, and do not endorse, any Content posted to the Service. We do not have any obligation to prescreen, monitor, edit or remove any Content. If your Content violates any of the Agreements, you bear legal responsibility for that Content.
We shall not be liable for any damage or harm resulting from the uploading, posting or submission of any Content or your interactions with other users of the Service. We reserve the right, but have no obligation, to take any action to restrict or remove access to any Content that we deem, in our sole and absolute discretion, to be a violation of the Agreements.
Customer Data Transmitted Through the Service: You own the electronic data or information submitted by you on or through the Service or information deduced from your servers by the Service (collectively, the “Customer Data”). You hereby grant to us a license for the sole purpose of using the Customer Data to provide the Service to You and to improve Your use of the Service. We may use the aggregated data derived from Your usage of the Service for the purposes of improving the Service and to provide analytical data for marketing and study.
License: You hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
In your use of the Service, you may not:
- Modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Site;
- Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Service or its users;
- Distribute or post spam, unsolicited or bulk electronic communications to the Service users;
- Use any robot, spider, scraper or other automated means to access the user data on the Service for any purpose whatsoever;
- Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Service’s infrastructure;
- Interfere or attempt to interfere with the proper working of the Service, its services or tools; or Bypass the Service’s robot exclusion headers or other measures we may use to prevent or restrict access to the Service.
Availability of Services
Due to the continuing development and improvement of the Service, the availability of Service is subject to change. You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you.
We will do its best to keep the Service available at all times. However, we cannot guarantee that the Service will be continuously available without interruption. You acknowledge and agree that the Service may be temporarily unavailable for causes beyond our control.
We shall not be liable to you for any disruptions of the Service as a result of interruptions arising from the foregoing.
The Agreements will continue to apply to you until terminated by either you or us. We may terminate the Agreements or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorised use of the Service or non-compliance with the Agreements. If you or us terminate the Agreements, or if we suspend your access to the Service, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
You agree to indemnify and hold us and our officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any Customer Data, your connection to the Service or your violation of the Agreements.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE SIX (6) MONTH PRECEDING ANY CLAIM FOR DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Choice of law
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements are subject to the laws of Slovenia, without regard to choice or conflicts of law principles. Further, you and us agree to the exclusive jurisdiction of the courts of Slovenia to resolve any dispute, claim or controversy that arises in connection with the Agreements.