Terms and Conditions

Last updated: May 31, 2024

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1. Introduction. Welcome to Tendrel, Inc. (“Company”, “we”, “our”, “us”, “Tendrel”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://tendrel.io operated by Tendrel and any services you receive from us.

Our Privacy Policy also governs your use of our services and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://tendrel.io/privacy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound to them.

If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service, but please let us know by emailing at info@tendrel.io so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use any of our Services.  Service(s) means any product or service offered by us, including but not limited to our website, apps, or online platforms.

2. Communications. By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at info@tendrel.io.

3. Purchases. If you wish to purchase any product or service we make available (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.  We reserve the right to assess an additional 1.5 percent late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due and to use any lawful means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you.

4. Subscriptions.   Some Service(s)  may be billed on a subscription basis (“Subscription(s)”). You will be billed in advance or in arrears on a recurring and periodic basis based on your Subscription plan. (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.  Payment for your subscription is due immediately upon request for payment.

At the end of each Billing Cycle, your Subscription will automatically renew for additional Subscription periods equal to the expiring Subscription unless you cancel it or Tendrel cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Tendrel customer support team at: support@tendrel.io.

A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Tendrel with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Tendrel to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Tendrel will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

5. Free Trial. Tendrel may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for a Free Trial. If you do enter your billing information when signing up for a Free Trial, you will not be charged by Tendrel until Free Trial has expired. On the last day of Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, to the extent permitted by law, Tendrel reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

6. Fee Changes. Tendrel, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.  Tendrel will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of any Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

7. Refunds. Except when required by law, paid Subscription fees are non-refundable.

8. Content and Customer Data.

8.1 Content found on or through our Services are the property of Tendrel or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

8.2. Ownership and Uses. Any information, records, and files that you or anyone on your behalf, including your users, provide, submit, post, display, or otherwise make available on or through the Services, including profile information, images, audio, comments, questions, and other content is collectively “Customer Data”. We claim no ownership rights over your Customer Data and the Customer Data remains yours; however, by providing or making available Customer Data on or through the Service, you hereby grant and you represent and warrant that you have all rights necessary to grant, to Company and its affiliated companies, a royalty-free, sublicensable, transferable, non-exclusive, perpetual, non-cancellable,  worldwide license to use, reproduce, modify, store, publish, translate, distribute, display, archive, and make derivative works of all such Customer Data for use in solely connection with providing and improving the Service and the interoperability with any third party services. 

Company may also (i) compile statistical and other information related to the performance, operation, and use of the Service, and (ii) use Customer Data from the Service in aggregated form for research and development purposes, to generate statistical reports, and to present it in a summarized format; (iii)  collect, analyze and use Customer Data, including any related information, on an aggregated, de-identified or anonymized basis together with the information of others, including to improve, enhance, further develop and test our Services and technology, to create and refine algorithms and other machine learning methods and processes, to identify and predict patterns and trends, and to train and refine machine learning or analytical models or engines (clauses i – iii collectively referred to as “Service Analyses”). While Company may make Service Analyses publicly available, it will not incorporate Customer Data in a form that could serve to identify Customer or any individual and will not be linked to any information that is personally identifiable. 

Additionally, by providing or sharing Customer Data on or through the Service, you agree to allow others in your organization to view, edit, and/or share your Customer Data in accordance with your account or profile settings and this Agreement. Your Customer Data may also be viewed or shared with others in accordance with the Company Privacy Policy. 

8.3 Additional Obligations regarding Customer Data.  In connection with your Customer Data, you affirm, represent, and warrant the following:

    (a) You have the consent of each identifiable natural person in the Customer Data, if any, to use such person’s name or likeness in the manner contemplated by the Services and this Agreement and you are compliant with applicable privacy laws with respect to any personal information (a/k/a personal data) to be processed by Company on your behalf;

    (b) You have obtained and are solely responsible for providing all notices and/or obtaining all consents as may be required by law (i) to post any Customer Data relating to third parties; and (ii) to ensure that your users have authorized you to disclose their data, including personal information (a/k/a personal data) to Company and its contractors, subcontractors, subprocessors, and third-party service providers in accordance with this Agreement.

    (c) Your Customer Data and Company’s use thereof as contemplated by this Agreement does not and will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights;

    (d) You will not use the Services to collect, store, or process bank account information, credit or debit card information, social security numbers, driver’s license numbers, or health or medical information (protected or otherwise), nor will you direct users associated with your account to provide such information via the Service. This restriction does not apply to bank account information or credit or debit card information that you provide to us through the pages of the Services to pay for the Services.

    (e) Your Customer Data does not and will not contain any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable or illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets or other proprietary information); 

    (f) Your Customer Data does not and will not contain any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, that you know is not correct and current, or that violates any workplace policy; 

    (g) To the best of your knowledge, all your Customer Data and other information that you provide to us is accurate, complete, and timely; and

    (h) You will direct your users only to provide such information, including user profile information, images, audio, comments, questions, and other content to Company that is needed to use the Service as intended and is in accordance with this Agreement. 

8.4 Company reserves the right, but is not obligated, to reject and/or remove any Customer Data that Company believes, in its sole discretion, violates any of these provisions or is otherwise objectionable. Whether notice is provided to you in advance depends on the severity of the circumstances as determined solely by Company.  It is your responsibility to maintain appropriate alternate backup of all Customer Data.

8.5 Company takes no responsibility and assumes no liability for any Customer Data that you, your users, or third parties post, send, or otherwise make available over the Service. As between you and Company, you are solely responsible for any and all Customer Data you provide and/or cause to be provided to the Service, and the consequences of providing, posting, publishing, sharing, transmitting or otherwise making such Customer Data available on the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of Customer Data.

8.6 Accuracy of Customer Data.  The Service, including Third-Party Services, is based upon the Customer Data provided to Company by you or on your behalf, by your users, or by third party services from which you may elect to import your information. You acknowledge that Company is entitled to fully rely on all Customer Data and Company does not have any obligation to verify, correct, or otherwise ensure the accuracy or quality of the Customer Data. You further acknowledge that Company and its Third-Party Service Providers bear no responsibility and shall not have any liability for errors, omissions, or any other losses incurred that result from inaccurate, incomplete, or untimely Customer Data.

8.7. Obligations as a Controller of Customer Data.  As the owner and controller of Customer Data, you have many choices over that Customer Data. For example, you may enable or disable the integrations with Third-Party Services, manage access privileges and user roles, and request that Company share information regarding its users with a third party, and these choices and instructions may result in the access, use, disclosure, modification, or deletion of certain or all Customer Data. 

IN PROVIDING THE SERVICE, COMPANY AND ITS THIRD-PARTY SERVICE PROVIDERS ACT AS AN INTERMEDIARY BETWEEN YOU AND YOUR USERS. THEREFORE, YOU AGREE THAT BETWEEN COMPANY AND YOUR USERS,  IT IS SOLELY YOUR  RESPONSIBILITY  TO (A) INFORM USERS OF ANY RELEVANT WORKPLACE POLICIES AND PRACTICES AND ANY SETTINGS IN THE SERVICE THAT MAY IMPACT THE PROCESSING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOUR USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE SERVICE; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER DATA UNDER THE AGREEMENT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE  BETWEEN YOU AND YOUR USERS RELATING TO OR BASED ON CUSTOMER DATA. COMPANY IS NOT LIABLE FOR YOUR FAILURE TO FULFILL THESE OBLIGATIONS.

9. Prohibited Uses. You may use our Services only for lawful purposes and in accordance with Terms. You agree not to use Service:

(a) In any way that violates any applicable national or international law or regulation.

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

(d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

(a) Use any Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of a Service, including their ability to engage in real time activities through a Service.

(b) Use any robot, spider, or other automatic device, process, or means to access any Service for any purpose, including monitoring or copying any of the material on any Service.

(c) Use any manual process to monitor or copy any of the material on any Service or for any other unauthorized purpose without our prior written consent.

(d) Use any device, software, or routine that interferes with the proper working of any Service.

(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of any Service, the server on which any Service is stored, or any server, computer, or database connected to any Service.

(g) Attack any Service via a denial-of-service attack or a distributed denial-of-service attack.

(h) Take any action that may damage or falsify Company rating.

(i) Otherwise attempt to interfere with the proper working of Service.

10. Mobile Apps.

10.1 Mobile Software.  We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. Company does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for the number of accounts outlined in your service subscription, and solely in accordance with the Agreements. You acknowledge that Company may from time-to-time issue upgraded versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the Agreements will apply to all upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Company or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).  Our third-party partners or suppliers reserve all rights not expressly granted under the Agreements. 

10.2 Mobile Software provided from App Store by Apple.  The following applies to any Mobile Software you acquire from the App Store (“App Store-Sourced Software”): You acknowledge and agree that the Agreements are solely between you and Company, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and, if applicable, Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Agreements and any law applicable to Company as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Agreements and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreements. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreements as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the terms and conditions of the Agreements, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreements, as relates to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.

10.3 Mobile Software provided from Google Play Store. The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreements are between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as relates to Company’s Google-Sourced Software.

11. No Use By Minors. Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of our Services, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

12. Accounts. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

13. Intellectual Property. Our Services and the original content (excluding content provided by users), features and functionality are and will remain the exclusive property of Tendrel and its licensors. Our Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tendrel.

14. Copyright Policy. We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on our Services infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to legal@tendrel.io, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”  You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims for the infringement of any of your content that violates the copyright of another party.

15. DMCA Notice and Procedure for Copyright Infringement Claims. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

(b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

(c) identification of the URL or other specific location on the applicable Service where the material that you claim is infringing is located;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at legal@tendrel.io

16. Error Reporting and Feedback. You may provide us either directly at info@tendrel.io or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, worldwide, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

17. Links To Other Web Sites. Our Service may contain links to third party web sites or services that are not owned or controlled by Tendrel Tendrel has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT TENDREL, INC. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, 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 THIRD PARTY WEB SITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

18. Disclaimer Of Warranty. THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR AFFILIATED COMPANIES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, CLAIMS, JUDGMENTS, COSTS, EXPENSES AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY US OR SUCH PARTIES AND/OR ARISING OUT OF OR RESULTING FROM (1) ANY ACTUAL OR ALLEGED VIOLATION BY YOU OF THIS AGREEMENT (INCLUDING ANY REPRESENTATION OR WARRANTY HEREIN); (2) ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE WITH YOUR PASSWORD; (3) YOUR USE OF AND ACCESS TO THE SERVICES; (4) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; (5) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY LAW, RULE OR REGULATION; AND/OR (6) YOUR CONTENT OR DATA, INCLUDING IF IT CAUSES ANY DAMAGE TO A THIRD PARTY. YOUR DEFENSE, INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS IN THIS AGREEMENT WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE SERVICES.

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES DURING THE TWELVE-MONTH PERIOD PRIOR TO THE EVENT(S) GIVING RISE TO THE LIABILITY, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

20. Termination. We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.  If you wish to terminate your account, you may contact customer support at: support@tendrel.io.  All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

21. Governing Law and Dispute Resolution. These Terms shall be governed and construed in accordance with the laws of State of Delaware without regard to its conflict of law provisions.

This dispute resolution provision will be governed by the US Federal Arbitration Act, to the extent permissible. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in King County, Washington. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.  You may opt out of this agreement to arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: support@tendrel.com.

You must include your name and residence address, the email address you use for your account with us, and a clear statement that you want to opt out of this arbitration agreement.  If and to the extent the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then such preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

If for any reason, a dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the state of Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

22. Confidentiality.  You will keep and protect any of our Confidential Information as confidential, using at least the same efforts you use to protect your own confidential information and in no event less than reasonable and industry standard efforts.  Our “Confidential Information” includes the Services, documentation and information about the Services and their operation, and any other information you obtain from or about us or from or about the Services, or any other information which a reasonable person would or should understand to be confidential or proprietary in nature.  You agree to return or destroy our Confidential Information when this Agreement is over. You acknowledge and agree we will be entitled to seek equitable relief in any court of competent jurisdiction without the necessity of posting bond and in addition to such other remedies as may be available under law or in equity.  Your confidentiality obligations will survive termination or expiration of this Agreement.

23. Changes To Service. We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

24. Amendments To Terms. We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.   Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.  By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

25. Waiver And Severability. No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.  If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

26. MISCELLANEOUS. You will comply with all laws, rules and regulations now or hereafter promulgated by any government authority or agency that are applicable to your use of the Services, or the transactions contemplated in this Agreement. You may not assign your rights or obligations hereunder, and any attempt by you to sublicense, assign or transfer any of the rights, duties or obligations hereunder or to exceed the scope of this Agreement is void.  In the event that Company is sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume Company's obligations as to these Terms of Services and any associated Privacy Policy.  This is the entire agreement between you and Company with regard to the matters described herein and govern your use of the Services, superseding any prior agreements between you and Company with respect thereto. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement or related to use of the Services must be filed within three (3) months after such claim or cause of action arose or be forever barred.  If the Service or any third-party service provides professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

27. Acknowledgement. BY USING ANY SERVICE PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

28. Contact Us.  Please send your feedback, comments, requests for technical support: By email: info@tendrel.io.