Terms of Service

These Terms of Service (“Terms”) govern Your use of the thetangle.business platform and all services connected to the thetangle.business platform (“Services”), provided by Mineral Software Ltd.

Acceptance of terms

This Terms of Service document is an agreement You must accept in order to use thetangle.business’s Services. This is a legal agreement ("Agreement") between You and Mineral Software Ltd. ("Company"), for use of the thetangle.business services (“Services”) which You selected or initiated. "You" refers to the individual who registered and/or provided in the thetangle.business website his or her credit card or other payment mechanism for the Services or, if the Services are being purchased on behalf of an entity by an individual authorized to purchase the Services on behalf of such entity, then "You" refers to such entity.

If You are entering into this Terms agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity to these Terms. In that case, the terms “You” or “Your” or "organization" shall also refer to such entity, its staff and its affiliates, as applicable. If You do not have such authority, or if You do not agree with this Terms, You may not use the Service. You acknowledge that this Terms is a contract between You and the Company, even though it is electronic and is not physically signed by You and the Company, and it governs Your use of the Service.

The Company reserves the right to change any of the terms, conditions or policies of thetangle.business, at any time in our sole discretion. If the Company decides to change the Terms of Service, the Company will publish a new version on thetangle.business. Any such changes will be effective upon publishing the revisions. Your continued use of the Services following publishing of any changes constitutes Your acceptance of such changes.

Violation of any of the terms of service may result in the termination of Your account.

Services

The Company may at its sole discretion modify the features of the Services from time to time without prior notice. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

If any users send us any feedback or suggestions regarding the Services, You grant the Company an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to You.

Any feature or additional service presented on our website may be in development or not available.

Access to the services

You will choose a password and receive an account upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under Your password or account. You agree to immediately notify the Company of any unauthorized use of Your password or account or any other breach of security; and ensure that You exit from Your account at the end of each session.

You may not use the service for any purpose which is illegal or violates any laws in Your jurisdiction, in the jurisdiction of the Republic of Ireland or in any way that intentionally or unintentionally violates any applicable local, state, national or international law.

Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Your content and data

The Company claims no intellectual property rights over the data and material You provide to the Service. All materials uploaded remain yours.

“Data" means any data and content You upload, post, transmit or otherwise made available via the Services including includes messages You send, files You upload, comments You make, profile information and anything else You enter or upload into the Service. The Company will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security. For more information on our current practices and policies regarding data privacy, security and confidentiality, please see our Privacy Policy.

In order for us to provide services to You, the Company requires that You grant us certain rights with respect to Your Data. For example, the Company needs to be able to transmit, store and copy Your Data in order to display it to You and Your collaborators, to index it so You are able to search it, to make backups to prevent data loss, and so on. Your acceptance of this Terms gives us the permission to do so and grants us any such rights necessary to provide the service to You, only for the purpose of providing the service (and for no other purpose). This permission includes allowing us to use third-party service providers (for example Google Cloud) in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided. Depending on the service, this may involve moving Your data across jurisdictional lines, or across country borders.

The Company will not share, disclose, sell, lease, modify, delete or distribute any Data provided by You. The Company will also not view the Data provided by You except when given permission by You for the purpose of support.

You agree that thetangle.business may include Your business name in a list of thetangle.business’s customers online and in print and electronic marketing materials in an appropriate fashion. If You’d prefer to not have Your details included please email us at contact@thetangle.business.

Account validation

After creating Your account on the thetangle.business You will have to complete few steps before the Company validates Your account. The validation process consists on verify Your email address and consenting to the present terms of service.

Subscriptions

Once Your account validated You will be able to subscribe to any of our services. Subscription requires You provide a payment method (refer to “Payment method” section).

You can subscribe to a service at any time. Subscriptions are automatically renewed unless You cancel them. Subscriptions are not refundable.

You can cancel a subscription at any time. However the subscription will be active until the end of the month.

For example, if You cancel Your subscription on 15th of the month, the subscription will be active until the first day of the next month. You will be charged for the entire period while Your subscription was active.

Billing

Billing period cover from the first day of month to the last day of month. From the beginning of each month, an electronic invoice will be issued and the Company will charge Your payment method according to "Payment" section for the last billing period.

The Service billing is divided in two parts:
  • Services subscriptions: such as API access upfront, support contract, SLA, etc...
  • Usage of services: such as requests to API, volumes of data requested, etc...

Services usage costs are described in a pricing table available in the "Billing" menu from Your organization page. In addition, an interface is available in Your organization panel to track Your usage in near realtime. This interface displays Your usage over the current period and the amount it costs.

Prices of all Services are subject to change. The company will strive wherever possible to give advance notice. Such notice may be provided at any time by posting the changes to thetangle.business website or the Service itself.

All of the purchased services and services usages are linked to an organization.

Payment method

Currently TheTangle for Business only supports cards as payment method. You won't be able to remove Your default payment method if You have a running subscription.

Ensure that You have enough fund on Your payment method and that Your payment method will not be expired when the next payment occur.

Payment

You agree that the Company can charge Your payment methods and all amounts due and owing for the Services, including service fees, subscription fees, usages or any other fee or charge associated with Your use of the Services. If there are any annual, monthly or similar periodic fees for Your subscriptions, these fees will be charged automatically to Your payment methods designated during the registration process for the Services, or subsequently designated to the Company at the start of each billing period.

All payments authorized by You into Your account are final. There is no refunding of Your account regardless of whether You use the Services or not.

In case of non payment, Your account will be suspended. You agree that in the event the Company is unable to collect the fees owed to the Company for the Services through Your account, the Company may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by the Company in connection with such collection activity, including collection fees and legal costs. You further agree that the Company may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amount not paid when due.

In connection with Your purchase and/or use of the Service You may be subjected to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be Your sole and absolute responsibility, and You agree to indemnify the Company to the extent that it incurs any obligations or other liabilities in connection with such taxes.

Deletion of account

You can request the deletion of Your account by sending an email requesting the deletion to contact@thetangle.business from the email address which matchs a account of the Services. The request may be ignored if the sender is not identifiable. Within 30 days, all this content will be deleted. This information cannot be recovered once it has been permanently deleted.

The Company, in its sole discretion, has the right to suspend or terminate Your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of Your Account or Your access to Your Account, and the forfeiture and relinquishment of all content in Your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Abuse of features/usage

The features made available through the thetangle.business services are intended for the normal use of the software. Abuse of features may result in a limitation or removal of service.

In extreme cases, the Company reserve the right to temporarily suspend Your account if Your usage significantly exceeds the average usage of other Service customers and/or there’s a danger that Your usage of the services is causing disruption to other users. The Company will always attempt to reach out to the account owner before taking any action except in rare cases where the level of use may negatively, immediately impact the performance of the Service for other customers.

No reselling or use outside of permitted terms

Other than using the Services as permitted under the terms and conditions of this Agreement or other written agreements between You and the Company, You may not resell, distribute, make any commercial use of, or use on a time-share or service bureau basis.

Proprietary rights

The Company and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of the Company's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services.

Governing law

These Terms will be governed by the laws of the Republic of Ireland, without regard to its conflict of laws principles.

Errors

A possibility exists that our website or materials could include inaccuracies or errors or information or materials that violate these Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to our website or materials. Although the Company attempt to ensure the integrity of our website, the Company make no guarantees as to its completeness or correctness. If a situation arises in which our website’s completeness or correctness is in question, please contact us via contact@thetangle.business with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our website.

Disclaimer

Neither any opinion, advice or statement of us or our affiliates, licensors, suppliers, agents or visitors, whether made on our website or otherwise nor the results of any operation of the Service by You constitute representations or warranties of us or give rise to any rights of reliance or otherwise for the benefit of You or any third party. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. The Company do not assume any responsibility or risk for Your use of our Service and the Internet. Any and all Services provided by us to You are provided “as is”, without warranty of any kind. The Company disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement and all warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to You. The Company and its affiliates, licensors, suppliers, and agents do not warrant that Your use of our website or materials will be uninterrupted, error-free or secure, that defects will be corrected or that our website, the server(s) on which our website is hosted or our materials are free of viruses or other harmful components. Without limiting the generality of the foregoing, the Company hereby disclaim any and all liability for any damage to or other impact on Your equipment, hardware, software, data or other information or materials, whether or not caused by or related to (either directly or indirectly) Your use of the Service, including but not limited to claims relating to faulty, malfunctioning or inoperable Service.

Limitation of liability

In no event will the Company nor any of our affiliates, licensors suppliers or agents, nor our or their directors, officers, employees, consultants, agents or other representatives (“Indemnified Parties”), be liable for any indirect, incidental, special, consequential or punitive damages or damages for loss of profits, revenue, business, savings, data, use or cost of substitute procurement, incurred by You or any third party, whether in an action in contract, tort (including negligence) or otherwise, even if the Company have been advised of the possibility of such damages or if such damages are foreseeable. Your sole remedy for dissatisfaction with our website, materials or any linked site is to stop using them. The sole and exclusive maximum liability of all Indemnified Parties collectively for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the total amount paid by You, if any, to access or use our website or our materials. Your use of our website and any materials provided through our website is entirely at Your own risk. You acknowledge that the limitations of liability in these Terms and the allocation of risk herein are an essential element of the bargain between You and us, without which the Company would not have provided the Service. Our pricing reflects this allocation of risk and the limitation of liability specified herein.