Usage Terms and Conditions Agreement
Effective Date: August 1, 2024
Introduction
tgthr is a mobile application developed by Soulingo, LLC. This Usage Terms and Conditions Agreement ("Agreement") governs your use of the tgthr mobile application ("App"). By downloading, accessing, or using the App, you agree to be bound by this Agreement. If you do not agree to these terms, you are not authorized by Soulingo, LLC to use the App.
1. Acceptance of Terms
By accessing and using the App, you accept and agree to be bound by the terms and provisions of this Agreement. In addition, when using the App's particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time.
2. Changes to Terms
Soulingo, LLC reserves the right to modify this Agreement at any time. Any changes will be effective immediately upon posting the updated Agreement. Your continued use of the App after any changes to Agreement signifies your acceptance of the new terms.
3. Description of the App
Version 1.0 of the App primarily involves Users' sending, filtering and sharing of sentiments and the representation of such sentiments within an interactive 3D animation.
4. Eligibility
You must be at least 13 years old to use the App. By using the App, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein.
5. User Transactions and 3D Environment
The App allows users to create transactions that are represented in an interactive 3D environment. Users can filter and interact with the environment. Soulingo, LLC is not liable for any discrepancies or inaccuracies with regards to the placement or representations related to user transactions.
6. User Conduct
You agree not to use the App for any illegal or unauthorized purpose, interfere with or disrupt the App or servers or networks connected to the App, or violate any applicable local, state, national, or international law.
7. Privacy and Data Protection
Soulingo, LLC is committed to protecting your privacy. Our Privacy Policy, which is incorporated into this Agreement by reference, explains how we collect, use, and protect your personal data. By using the App, you consent to the collection and use of your personal data as described in our Privacy Policy.
8. Intellectual Property Rights
All content, features, and functionality of the App, including but not limited to text, graphics, logos, and software, are the exclusive property of Soulingo, LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
9. Termination
Soulingo, LLC reserves the right to terminate or suspend your account and access to the App at its sole discretion, without notice, for conduct that we believe violates this Agreement or is harmful to other users of the App, us, or third parties, or for any other reason.
10. Disclaimer of Warranties
The App is provided on an "as is" and "as available" basis. Soulingo, LLC disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Soulingo, LLC does not guarantee that the App will be uninterrupted, error-free, or free of viruses or other harmful components.
11. Limitation of Liability
In no event shall Soulingo, LLC be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (i) the use or the inability to use the App; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the App; or (iv) any other matter relating to the App.
12. Indemnification
You agree to indemnify, defend, and hold harmless Soulingo, LLC, its affiliates, officers, directors, employees, consultants, agents, and licensors from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that arise from your use of the App, violation of this Agreement, or infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
13. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Johnson County, Kansas.
14. Entire Agreement
This Agreement constitutes the entire agreement between you and Soulingo, LLC regarding the use of the App and supersedes any prior agreements between you and Soulingo, LLC.
15. Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
16. Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Soulingo, LLC's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Contact Information
For any questions or concerns about this Agreement or the App, please contact Soulingo, LLC by email at hello@tgthr.io
By using the App, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.