Terms and conditions

Last updated on: Apr 1, 2016

1. Your Agreement with Tagl.me

1.1 Your use of the Tagl.me service is governed by this agreement (the “Terms”). The “Tagl.me Services” means the services Tagl.me makes available through this website, including this website, the Tagl.me cloud computing service, the Tagl.me API, and any other software or services offered by Tagl.me in connection to any of those.

1.2 In order to use the Tagl.me Services, you must first agree to the Terms. You can agree to the Terms by actually using the Tagl.me Services. You understand and agree that Tagl.me will treat your use of the Tagl.me Services as acceptance of the Terms from that point onwards.

1.3 You may not use the Tagl.me Services if you are a person barred from receiving the Tagl.me Services under the laws of the Russian Federation or other countries, including the country in which you are resident or from which you use the Tagl.me Services. You affirm that you are over the age of 16, as the Tagl.me Services are not intended for children under 16.

1.4 You agree your purchases of Tagl.me Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Tagl.me or any of its affiliates regarding future functionality or features.

2. Your Account and Use of the Tagl.me Services

2.1 You must provide accurate and complete registration information any time you register to use the Tagl.me Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Tagl.me immediately.

2.2 Your use of the Tagl.me Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.

2.3 You agree not to (a) access (or attempt to access) the administrative interface of the Tagl.me Services by any means other than through the interface that is provided by Tagl.me in connection with the Tagl.me Services, unless you have been specifically allowed to do so in a separate agreement with Tagl.me, or (b) engage in any activity that interferes with or disrupts the Tagl.me Services (or the servers and networks which are connected to the Service).

2.4 Your account has usage limits. The Tagl.me Services does not permit you to exceed the usage limits. Tagl.me reserves the right to enforce usage limits in its sole discretion, which may result in Tagl.me serving a “quota exceeded” page to you. Repeated exceeding of usage limits may lead to termination of your account.

3. Fees for Use of the Tagl.me Services

3.1 Subject to the Terms, the Tagl.me Services is provided to you without charge up to certain limits. Usage over this limit requires your purchase of additional resources or services. The pricing for additional resources and services can be found at https://tagl.me/en/#pricing (or such URL as Tagl.me may provide).

3.2 For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in Tagl.me fees and payment policies, if different. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Tagl.me’s measurements of your use of the Tagl.me Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Tagl.me and only in the form of credit for the Tagl.me Services. Nothing in these Terms obligates Tagl.me to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to Tagl.me may be shared by Tagl.me with companies who work on Tagl.me’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Tagl.me and servicing your account. Tagl.me may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Tagl.me shall not be liable for any use or disclosure of such information by such third parties. Tagl.me reserves the right to discontinue the provision of the Tagl.me Services to you for any late payments.

3.3 Tagl.me may change its fees and payment policies for the Tagl.me Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL Tagl.me may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.

4. Content on the Tagl.me Services and Take Down Obligations

4.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Tagl.me Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.” The term Content shall specifically exclude the web application that you create using the Tagl.me Services and any source code written by you to be used with the Tagl.me Services (collectively, “Applications”).

4.2 Tagl.me reserves the right (but shall have no obligation) to remove any or all Content from the Tagl.me Services. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from Tagl.me. In the event that you elect not to comply with a request from Tagl.me to take down certain Content, Tagl.me reserves the right to directly take down such Content or to disable Applications.

4.3 You agree that you are solely responsible for (and that Tagl.me has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the Tagl.me Services and for the consequences of your actions (including any loss or damage which Tagl.me may suffer) by doing so.

4.4 You agree that Tagl.me has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.

5. Modification and Termination of the Tagl.me Services

5.1 Tagl.me is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Tagl.me Services which Tagl.me provides may change from time to time without prior notice to you. Changes to the form and nature of the Tagl.me Services will be effective with respect to all versions of the Tagl.me Services; examples of changes to the form and nature of the Tagl.me Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.

5.2 You may terminate these Terms at any time by canceling your account on the Tagl.me Services. You will not receive any refunds if you cancel your account.

5.3 You agree that Tagl.me, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Tagl.me Services may be without prior notice, and you agree that Tagl.me will not be liable to you or any third party for such termination.

5.4 You are solely responsible for exporting your Content and Application(s) from the Tagl.me Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).

5.5 Upon any termination of the Tagl.me Services or your account these Terms will also terminate, but Sections 5, 6, 7, 8, 9 shall continue to be effective after these Terms are terminated.

6. EXCLUSION OF WARRANTIES

6.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TAGL.ME SERVICE IS AT YOUR SOLE RISK AND THAT THE TAGL.ME SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

6.2 TAGL.ME, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE TAGL.ME SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TAGL.ME, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE TAGL.ME SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE TAGL.ME SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE TAGL.ME SERVICES WILL BE ACCURATE.

7. LIMITATION OF LIABILITY

7.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAGL.ME, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

7.2 THE LIMITATIONS ON TAGL.ME’S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT TAGL.ME HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

8. Other Content

8.1 The Tagl.me Services may include hyperlinks to other web sites or content or resources or email content. Tagl.me may have no control over any web sites or resources which are provided by companies or persons other than Tagl.me.

8.2 You acknowledge and agree that Tagl.me is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

8.3 You acknowledge and agree that Tagl.me is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

9. Changes to the Terms

9.1 Tagl.me may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you a grace period of seven (7) days to reject the changes by terminating your account.

9.2 You understand and agree that if you use the Tagl.me Services after the date on which the Terms have changed, Tagl.me will treat your use as acceptance of the updated Terms.

10. General Legal Terms

10.1 The Terms constitute the whole legal agreement between you and Tagl.me and govern your use of the Tagl.me Services (but excluding any services which Tagl.me may provide to you under a separate written agreement), and completely replace any prior agreements between you and Tagl.me in relation to the Tagl.me Services.

10.2 If Tagl.me provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.

10.3 You agree that Tagl.me may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Tagl.me Services.

10.4 Tagl.me shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, power failures, and Internet disturbances.