TERMS OF SERVICE

General Provisions

The present Terms of Service are concluded between Targemy Inc., registered under the laws of Delaware, USA with registration address at 2810 N Church St, Ste 85050, Wilmington, Delaware 19802-4447, United States (hereinafter referred to as “Company”, “we”, “us”) and you (hereinafter referred to as “User” or “you”) (hereinafter all together referred to as “Parties”).

Subject matter of the present Terms of Service are conditions between the Parties in regards to Registration of the User on the Platform, opening an Account and using the Services. The Services include using of the targemy.com website, Company’s mobile or any other applications under Targemy brand name, Company’s other affiliate websites, applications or plugins under Targemy brand name.

In addition to the present Terms of Service, the Company retains its right to apply Company’s Policies to the relations with the User, including Data Protection and Privacy Policy, Cookies Policy, Community Guidelines. The User may find Company’s Policies at the Company’s website, hosted at targemy.com, or contact the Company for that purpose via the following email: request@targemy.com.

By agreeing with the Terms of Service, the User confirms that he or she has carefully studied and fully agrees with the present Terms of Service, that the User fully understands its content, including his/her rights, obligations and liability for breach under these Terms of Service. If the User has doubts that he/she understands any of the provisions of the Terms of Service, the User should contact the Company.

The Company may introduce changes to the Terms of Service by updating the version and the date of the Terms of Service on the present website page. If the User does not agree with the updated version of the Terms of Service, the User should immediately notify the Company about it. The Company encourages the User to frequently review the Terms of Service to ensure he/she understands the terms and conditions that apply to the User’s access to, and use of the Services.

Definitions

Platform means a software solution developed by the Company, used for provision of Services;

Account means an account of the User on the Platform, which allows the User to use the Services;

Business Day means any calendar day, apart from Saturday, Sunday and public holidays in Delaware, USA on which the payment infrastructures and the banks are open for business in Delaware, USA or any other day defined by the Company and in duly manner noticed to the User.

Registration on the Platform and Account Opening

The User can use certain basic features of the Services without having an account. If the User uses the Services without an account, then these Terms will still apply to such use and the Company will still process User’s personal data in accordance with the Privacy Policy.

The User who wants to start using the full functionality of the Services has to register on the Platform. In the course of Registration on the Platform User enters his email address, creates a username and a password. The User’s email and the password will be used by the User in order to log in to his Account. The Company may introduce additional methods for logging in (e.g. two-factor authentication codes).

The User is solely responsible for the login details associated with the Account, including but not limited to password, email address, two-factor authentication codes. If the login details are compromised and/or the Account has been accessed by an unauthorized third party, the User shall inform the Company immediately to request a suspension of the Account. After receiving the request, the Company should suspend the Account within a reasonable period of time. However, the Company shall not be liable for any and all consequences before the suspension of the Account.

Upon registration on the Platform the User will receive a confirmation to the email address, provided during the registration.

The User may have only one Account. The Company reserves the right to close any and all additional Accounts opened by the User.

You can use the Services only if you are 13 years of age or older. If the applicable law establishes a lower age threshold for using the Services, you may use the Services only if you have reached the age threshold established by the applicable law. The Company reserves the right to suspend the User's account if we discover that you have breached this provision and provided false information about your age.

Provision of the Services

By using the Services you can create and share your content, interact with and subscribe to other Users; subscribe to other Users Goals and Challenges; view, comment and like content created by other Users, and use the features as provided to you from time to time. Such features may include, but are not limited to creating Goals and Challenges; creating, editing and archiving Tasks. The features of the Services and the Services itself may change from time to time, for more detailed information please use our FAQ.

The company may restrict, limit and/or suspend the provision of Services or separate features of the Services to you at its own discretion.

The Company reserves the right to delete and/or refuse to post your content, limit and/or totally suspend the visibility of your content, delete your content and/or your profile at the Company’s own discretion.

The Company may introduce fee-chargeable services. If the Company introduces fee-chargeable services, you may pay for them and use them in your Account. Information about the content, fees and payment methods will be provided to you in your Account.

Content and rights to the content

You bear all the liability for the use of Services and for all content posted by you. In this sense you should act in accordance with all the applicable laws and the -resent Agreement.

If you share your content on the Platform you agree that this content may be shared with other Users and be publicly available.

The Company does not bear any liability for the content posted by you or other Users. We may not monitor or control the Content published through the Services, and we cannot assume responsibility for such Content.

The Company does not confirm, support, assure or guarantee the completeness, truthfulness and/or reliability of any Content or messages posted through the Services, nor do we confirm any opinions expressed through the Services. You are aware that when using the Services, you may encounter content that you find offensive, harmful, unreliable or unacceptable for other reasons, or some publications that are marked incorrectly or otherwise misleading.

The Company reserves the right to remove content that violates the present Agreement, any applicable law or in any other way may cause risks for the Company’s reputation and/or risks of monetary losses. Such violations may include, but are not limited to copyright violations, trademark rights or the assignment of rights to other intellectual property, impersonation of other persons, illegal behavior or harassment.

By submitting and publishing content on the Platform, you grant us a global non-exclusive royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content using any means and any distribution methods currently known or developed in the future. Such rights under the license may include, but are not limited to the right to selection, transformation and translation. This license gives the Company the right to make your content available to other users in any country of the world and grant the same right to any other user. This license also includes the right for sublicense the rights under the present license to third parties.

You agree that this license includes the right of the Company to use your content in order to ensure the operation, development of the Services and their improvement.

The Company may make your content available to third parties, inter alia, for the purpose of acquisition, transmission, repost, distribution promotion or publication of such content by other means and in other services. Such additional use of the content does not provide for compensation to you for the Content since you hereby confirm that the use of the Services is sufficient compensation for the Content and the granting of rights to it.

Prohibited activities

The User undertakes not to:

• create fake accounts and/or mislead about its identity, create an Account for other real person;
• use or attempt to use other User’s Account;
• develop, maintain or use software products, devices, scripts, robot programs or other tools and processes for web scraping of the Services and or the Platform or copying profiles and other data within the framework of the Services and/or the Platform in another way;
• post content containing software viruses, worms, or any other malicious code;
• perform technology discovery, decompilation, reverse assembly, decryption or other methods of obtaining the source code of the Services or any related technologies, except for open source technologies;
• block any security features or bypass any access controls or restrictions on the use of services;
• use robot programs or other automated methods to access Services, add or upload contacts, send or forward messages;
• interfere with the normal functioning of Services or create excessive load on them;
• disclose information without obtaining consent to its disclosure;
• violate the intellectual property rights of others;
• monetize or receive other benefits from the Services and/or the Platform without the Company’s direct consent.

The Company may consider other additional activities as prohibited. In case the User conducts prohibited activities, the Company may apply necessary measures provided by the present Terms of Service, other Company’s Policies and the applicable laws.

Warranties and Representations

The User warrants that the User:

• is at least 13 years old;
• has not previously been suspended or removed from using the Services
• has full power and authority to enter into these Terms of Service and doing so will not violate any other agreement to which User is a party;
• will not use Company Services if any applicable laws in User’s country prohibit from doing so in accordance with these Terms of Service;
• will not use services provided by the Company for any illegal purposes.

The User confirms that the information provided by the User in the course of Registration and later are correct and truthful, and that the User will only provide the Company with correct and truthful information and documents in future communications. The User shall bear any and all losses that occur due to submission of invalid information.

You represent and warrant that you hold or have obtained all the necessary rights, licenses, consents, permissions, powers and/or powers necessary to grant rights under this Terms of Service to any content that you provide, publish and/or display on the Platform. You represent and warrant that such content will not contain materials that are the objects of copyright or other proprietary rights, unless you have the necessary permissions or you have otherwise obtained the right to post the material and grant a license to the Company as described above.

In no event will the Company be liable for any special, indirect, punitive, incidental, or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from, or in connection with, the use or inability to use the Service and any content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if the Company has been advised of the possibility of such damages.

The User agrees to indemnify the Company, its affiliates and service providers, and each of its, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to the User’s breach and/or the Company’s enforcement of these Terms of Service or User’s violation of any law, rule or regulation, or the rights of any third party.

The User acknowledges and agrees that the Company shall not be held liable and the User shall be solely accountable for loss of income, loss of transaction profits, contractual losses, disruption of business, currency-related losses, loss or damage of information or data, loss of opportunities; any failures in software, hardware, internet connection and any distortion and delays arising therefrom; any indirect, special or incidental loss or damages arising from any infringement (including negligence) and/or breach of contract or any other cause, regardless of whether or not such loss or damage may reasonably be foreseen by the Company and regardless of whether or not we are notified in advance of the possibility of such loss or damages; any malicious programs such as viruses or trojans that you may have from your use of the Services, loss arising from any information or technology on the Platform in relation to its validity, accuracy, correctness, reliability, quality, stability, integrity, timeliness, applicability (including for a specific purpose), freedom from error or omission and consistency; any type of damages to the User.

Third Party Service Providers

The Company may contract third parties in order to provide the User with Services in full (Third Party Service Providers). Services provided by third parties may include, but are not limited to, IT, legal, management services, marketing, etc.

The User agrees that the Company is not liable for any errors and/or omissions made by Third Party Service Providers.

Intellectual Property and License

The Company grants the User a limited, nonexclusive, non transferable license, subject to the Terms of Service, to access and use the Services and the Platform, solely for approved purposes as permitted by the Company. the User agrees not to use the granted license in any other way than for the purpose of these Terms of Service.

The User agrees that the User’s rights on the Company’s Intellectual Property are restricted by the granted license and no right or interest in the Services is transferred to the User other than the limited licenses granted herein.

Communication

If the User has any question or complaint in terms of the Services provided by the Company, the User should communicate with the Company via the following email: request@targemy.com.

The Company may contact the User via contact details provided by the User during the Registration on the Platform.

Applicable Law and Dispute Resolution

The Terms of Service are governed by the laws of Delaware, USA with an exclusive jurisdiction of courts of Delaware, USA.

Company aims to settle all disputes with the User amicably, promptly and on terms acceptable to Parties; thus, in case of a dispute, the User is encouraged to, first of all, address the Company directly. Disputes should be solved by negotiation.

The User may submit any complaint regarding services provided by the Company by sending a notification via email.

The complaint shall specify circumstances and documents on the bases of which the complaint has been submitted. If the User bases his/her complaint on documents which Company does not possess, the User shall also submit such documents or their copies when filing the complaint.

The Company shall examine User's complaint and notify the User about the decision not later than within 30 Business days after receiving it. If the Company cannot provide the answer to the complaint within the specified time frame, the Company shall inform the User about the reasons and indicate when the User will receive the answer;

After receiving a final decision on the User’s complaint, if the User does not agree with such decision, the User may use other remedies for protecting its rights in accordance with the Applicable law.

Term and Termination

These Terms of Service should stay in force until terminated by the Company or the User.

You may terminate the Terms of Service at any time by deleting your Account.

The Company may suspend or delete your Account, limit or fully stop providing Services to you at any time at its own discretion. The Company may notify you about such a decision by email or by showing you corresponding notification when you try to login to your Account.

Provisions stated in the following paragraph will supersede the termination:

• Content and rights to the content
• Risks, Liability and Indemnification
• Applicable Law and Dispute Resolution
• Miscellaneous

Miscellaneous

It is the User's responsibility to determine which, if any, taxes apply to any gains and/or payments received by you in the scope of using the Services and to report and remit the correct tax to the appropriate tax authority. The Company is not obliged to determine whether any taxes apply to the User and is not responsible to collect, report or remit any taxes for the User.

Any waiver of a right under these Terms of Service shall only be effective if declared in writing. The delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a party from exercising that right in the future.

If any part of these Terms of Service found by a court to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms of Service which shall continue to be valid and enforceable to the fullest extent permitted by law.

All provisions of these Terms of Service which by their nature extend beyond the expiration or termination of these Terms of Service will continue to be binding and operate after the termination or expiration of these Terms of Service.

The User agrees that any claims that were not solved during the negotiation process and that the User wishes to bring to court, should be brought on an individual basis only and not as a plaintiff or class member in a purported class or representative action. The User waives his right to bring any claim as a class action or to consolidate individual claims against the Company.

These Terms of Service including other documents referred to herein represent the entire agreement of the Parties in relation to its subject matter. The User and the Company acknowledge that they have entered into the Terms of Service in reliance only on the representations, warranties, promises and terms contained in these Terms of Service and, save as expressly set out in the Terms of Service, neither party shall have any liability in respect of any other representation, warranty or promise made prior to the date of the Terms of Service unless it was made fraudulently.