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These terms and service (“ToS”) apply to access and use of the software including but not limited to mobile application, web application, SDKs, APIs, documentation etc. The website/Software/Application is owned by TykeVision, Inc., (hereafter referred to as "We" or "Company"). By accessing and using Website/app in anyway, including, without limitation, downloading and using the any mobile app from play store/app store or browsing the website, using any information, using any content, any services, etc., available therein, you agree to and are bound by these Terms of Service. If you do not accept these Terms of Service in full, please cease using this mobile app/web app/website immediately. You warrant that you are not suffering from any disqualifications and or legally barred from using the program by any law/authority/agency/governmental body. Company reserves the right to update the ToS at any time without notice to you.
If you have a separate written agreement with TykeVision, Inc., this will not apply to you. Please refer to your organization specific agreement that includes the “Terms of Service” and “Privacy Policy”.
By downloading our web app or mobile app or by visiting our website and accessing the information, resources, services, products, and tools we provide for you like Documentation, SDKs or APIs but not limited to, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by the terms of this ToS Agreement, and/or applicable laws, regulations and generally accepted online practices or guidelines
In order to access our Resources, you may or may not be required to provide certain information about yourself but not limited to other details such as name, company, address, contact details, etc.. You agree that any information you provide will always be accurate, correct, and updated. You are responsible for maintaining the confidentiality of any information associated with any use or access to our Resources. Accordingly, you are responsible for all activities that occur under your account/s. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited. Attempting to copy or copy, duplicate, reproduce, decompile, reverse engineer, sell, trade, or resell our Resources is strictly prohibited. Without limitation to the liability, you are solely responsible for any consequences, losses, penalty or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liabilities. This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company from usage of mobile apps or web apps or website or any other services provided by the company at any time including SDKs, APIs, documents etc. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Please be advised that we do not allow cancellations after purchase of any product or services or provide a refund. Please read all policies and enquire thoroughly about the software/product/service/subscription before doing a payment where applicable.
These terms shall be governed by the laws of the State of Delaware without regard to any conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts at Wilmington, Delaware. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules (“AAA Rules”), and judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The language of the arbitration shall be English. The dispute shall be resolved by a sole arbitrator who shall be appointed in accordance with the AAA Rules. The decision of the sole arbitrator shall be final and binding on the Parties.
Commit or cause to be committed any criminal offense or encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, federal or international law or regulation. Upload, post, e-mail or otherwise transmit any content that is unlawful, defamatory, harassing, abusive, invasive of another’s privacy, infringes upon the rights of third parties, harmful, wrongful, or obscene.
Harm any minors in any way.
Upload, post, e-mail or otherwise transmit any material, information or content that you do not have a right to transmit under law or contractual relationship.
Upload, post, email or otherwise transmit any material, information or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any other individual, party or entity.
Upload, post, email or otherwise transmit any material, information or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any other individual, party or entity.
Disguise the origin of the material, information or content by omitting or obscuring copyright or authorship, or by forging headers or otherwise manipulating identifiers.
Upload, post, e-mail or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation, such as “junk mail”, “spam”, “chain letters”, or “pyramid schemes”.
After, damage, or delete any material, information or content or communication that is not yours or to interfere with the ability of others to have access or use of this website.
Upload, post, e-mail or otherwise transmit any material, information or content that contains a software virus or any other computer code, file or program that would interfere with the functionality of any computer software, hardware or telecommunication equipment.
Disrupt the normal communication or otherwise act in such a way that would negatively impact other users’ ability to engage in real-time exchanges.
Impersonate or claim a relationship with or speak for any individual, business, association, institution, or other organization, including, but not limited to the Company for which you have no authorization to do so or to claim such a relationship.
Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies, or regulations of networks connected to the services and/or this website.
Collect or store personal data about other users. Stalk or otherwise harass any individual or Cause to be reproduced, duplicated, copied, used, distributed, sold, resold, or otherwise exploit in any manner for commercial use or purposes, any aspect of Flourish or any resources found therein or any of the associated software, services or products related thereto.
You may only access and use our SDKs or APIs or mobile apps or web apps or websites or other associated products/services for lawful purposes only. The user is responsible for adhering to any and all laws, rules, and regulations that are applicable regardless of any previous knowledge or lack of knowledge about such laws, rules or regulations. Company is not responsible for the content of any information that is uploaded, posted or transmitted by you or other third parties including external links or advertisements within mobile apps or websites. Since we do not control the content of what is uploaded, posted, or transmitted, we cannot guarantee the accuracy, integrity of quality, or legality of such content. Anyone who registers or uses our SDKs or APIs or mobile apps or web apps or website or any resources located therein does so at his or her own risk, and we shall not be liable in any way for the content, or for any loss or damage that may be incurred as a result of using any content or information transmitted via our app or website. Company rights and protections as stated in these Terms of Service are equally applicable to any internet service provider that it has selected to host our mobile apps or websites or any related resources.
We may provide various open communication tools on our mobile apps or webapps or websites or social media platforms, such as blog comments, posts, public chat, forums, message boards, newsgroups, reviews, various social media services, etc. You understand that we do not pre-screen content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website (“user generated content”), then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that violates the aforementioned terms of usage and privacy policy of the company.
All content and materials available in our software including but not limited to, SDKs, APIs, mobile apps or web apps or websites, including but not limited to text, graphics, website name, code, images and logos are either the intellectual property of the company or under licensed use by the company, and are protected. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized.
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to the Company through its suggestion or feedback web pages or emails, you acknowledge and agree that:
Your Contributions do not contain confidential or proprietary information.
Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions.
Company shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide.
Company may have something similar to the Contributions already under consideration or in development.
Your Contributions automatically become the property of the Company without any obligation of the Company to you.
You are not entitled to any compensation or reimbursement of any kind from the Company under any circumstances.
You agree to indemnify and hold the Company, its associate companies (if any), officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including penalty, reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted by the user, users use of the service, violation of the ToS and privacy policy, breach by the user of any of the terms , representations and warranties herein, or user’s violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless you are authorized to do so by the Company with a formal “Reseller or Channel Partner or GTM (go to market) Partner” agreement.
Under no condition, you should collect any money or benefit from other users on the pretext of providing services through the Resources or using the name of the Company or its affiliates, partners, advisers, directors or employees without a valid “Reseller or Channel Partner or GTM Partner” agreement with commercial terms and payment collection methods. In case of breach of trust, you will be liable to return such money to the customer immediately and indemnify the Company. The Company shall have the right to terminate your services with immediate effect.
The Service may also include access to products and services of independent third parties either directly or via plugins to software developed and operated by such third parties. Where these products and services of third parties form part of the Service, we will endeavour, but are not obliged to, indicate that these products and services are provided by third parties. In all cases, your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Service (including without limitation providers of products and services and other users of the Service), including payment (if any) and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, even where it is in relation to any products or services that are co-branded with us which may include our trademarks. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings through additional plugins or software components of any third parties, as the result of the presence of such third parties on the Service, or as the result of the use of the Service in any way by such third parties.
The Service may provide, or third parties may provide, links to other World Wide Web or other online electronic sites or resources. You acknowledge that the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, in any manner whatsoever, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Like any other software service providers through mobile apps or web apps or website, we use 'cookies' for improving user experience and provide optimal and personalized support. These cookies are used to store information including visitors preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users experience by customizing our web page content based on visitors browser type and/or other information.
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
The use of our Resources will meet your needs or requirements, The use of our Resources will be uninterrupted, timely, secure or free from errors or virus, The information obtained by using our Resources will be accurate or reliable, and any downloads from the mobile or web apps will not harm your computer or device in any way. We have screened or verified any of the information posted herein, unless otherwise specifically so stated on the app or website; and To the maximum extent permitted by law, the Company has no liability in relation to or arising out of the app or website information and recommendations. You are responsible for the final choice of your product.
You understand and agree that in no event the Company or its associated contractors, agents, licensors, partners, employees, representatives, suppliers be liable to you for any special, direct, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation loss of business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to this agreement, or which may be incurred by you as a result of using our website or its resources or the content, the services, or any reference site, or your use or inability to use the services. In any event, the Company or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ shall not be liable for any or all damages, liabilities, losses, costs or consequences thereof arising out of or in relation to usage/Agreement, or the Products or Services, however caused and whether arising in contract, tort including negligence, warranty or otherwise. That any claim against us shall be limited to the amount you paid to the Company, if any.
We reserve the right to add to or amend the terms at our sole discretion, without prior notice to you. Please review our terms on a regular basis to make sure you have read the latest version and you understand all the sections of the terms of service. Your continued use of our services through our software or SDKS or APIS or mobile apps or web apps or web sites following the posting of changes to these terms means that you consent to those changes.
These Terms shall be governed by the laws of the State of Delaware without regard to any conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts at Wilmington, Delaware. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules (“AAA Rules”), and judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The language of the arbitration shall be English. The dispute shall be resolved by a sole arbitrator who shall be appointed in accordance with the AAA Rules. The decision of the sole arbitrator shall be final and binding on the Parties.