Terms and Conditions of Use
Terms and Conditions of Use
Terms and
Conditions of Use
Last Updated 10/2/2024
We are pleased to welcome you to Tail LLC (“Tail”) and our website, tailapp.ai (the “Website”). These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of the Website and Tail’s services offered through the Website. Tail provides a work management platform designed to help businesses and their employees manage and track their projects and time on a daily basis (the “Services”).
In order to access and utilize the Services, users must create accounts. Businesses that use the Services as part of a paid subscription plan enter into Customer Business Agreements with Tail; these businesses are referred to herein as “Customers.” Businesses that use the free version of the Services are referred to herein as “Free Users” and also enter into and are bound by the Customer Business Agreement. Customers and Free Users are collectively referred to herein as “Subscribers.” Employees, independent contractors, consultants and advisors of Subscribers authorized by Subscribers are referred to as “End Users.”
In these Terms of Use, the words “you” and “your” refer to each user, Customer, Free User, employees and other End Users, Website guest or visitor and are collectively referred to as “user,” and “we”, “us” and “our” refers to Tail, its subsidiaries, successors in interest and assigns, and tailapp.ai.
These Terms of Use are a binding and legal contract between you and Tail and explain the rules governing your use of our Website and Services. If any terms in the Customer Business Agreement apply to you (i.e., you are a Customer or Free User), those terms are also incorporated herein by reference and form part of this agreement. Please read these terms of use carefully before using this Website and make sure you understand them. These Terms of Use, including all documents referenced herein, including but not limited to the Customer Business Agreement and the Order Form, as applicable, represent the entire understanding and agreement between Tail and you regarding your use of this Website and Services and supersede any prior statements or representations. This Website’s Privacy Policy *[add link to Privacy Policy]* is incorporated into these Term of Use by reference and is made a part hereof. You are not authorized to use the Website if you do not agree to be legally bound by any or all of these Terms and Conditions.
Consent to Terms and Conditions
By using the Website, you agree that you have read and understood the Terms of Use, agree that you will comply with same for as long as you use the Website and acknowledge that you are legally bound by them.
Application of These Terms To You
If you are a Subscriber or other End User of a Subscriber, you are subject to these Terms and Conditions of Use to the extent that they supplement and do not conflict with the Customer Business Agreement. To the extent that these Terms of Use conflict or are inconsistent with the Customer Business Agreement, the terms of the Customer Business Agreement, if applicable to you, shall prevail.
If you are a Website visitor, user or guest, these Terms of Use govern your use of the Website.
Use of the Website
Access to, distribution and/or use of the Website and Services are subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of this Website or Services would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit the Website, register for any functionality of the Website, and/or access and utilize the Services, you are deemed to have confirmed your acceptance to these Terms of Use and the Website’s Privacy Policy. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use the Website or Services. Subscribers are further bound by Customer Business Agreements and their respective employees and other End Users are bound by their respective agreements with their employers and other applicable Subscriber-generated documents.
By having accepted these Terms of Use or otherwise participating in any activities and/or Services offered on or through the Website, you affirm, represent and warrant that: (a) you are 18 years of age or older, and a resident of the United States; (b) all information you submit via the Website shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms of Use; and (d) your use of the Website and the Services shall not otherwise violate any applicable law, rule or regulation.
Changes to the Terms of Use
From time to time, these Terms of Use may change. Tail reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on the Website and changes will become effective once posted. Your continued access to or use of the Website or Services will be deemed as acceptance by you of the then-current Terms of Use. Please review these Terms of Use often so that you will remain abreast of our current policies.
You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top of the Website pages.
Ownership of the Website
Tail owns and/or controls all rights necessary for operation and use of the Website and provision of the Services (collectively, “Materials”). Tail hereby grants you permission to use the Website and Services, as applicable, as set forth in these Terms of Use, but nothing in these Terms shall be construed to confer upon you any intellectual property rights in the Materials, other than the license granted to Subscribers. You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Tail in any form or manner, subject to the terms and provisions of the Customer Business Agreement.
Except as otherwise indicated on this Website and/or Customer Business Agreement, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Materials, in whole or part, without the express permission of Tail, is prohibited. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.
Ownership of Content Submitted to Website
Content submitted by Users to or through the Website is “Customer Content,” which is owned and controlled by user. Intellectual property rights in and to User Content are vested in user and are subject to any agreements between Subscribers and their employees. User hereby grants to Tail a license to modify, translate, reproduce, and otherwise act with respect to Customer Content to enable us to generate reports and otherwise adapt the Customer Content to provide the Services and otherwise fulfill the requirements and purposes of the Customer Business Agreement.
Resolving Disputes
If you have a dispute with Tail relating to the Website and you are not a Subscriber or an employee or other End User of a Subscriber, the Terms of Use will govern any legal dispute involving the Website and/or the Services. Please contact us at spencer@tailapp.ai and we will attempt to resolve the dispute with you. Disputes between Subscribers and Tail are governed by the terms of the Customer Business Agreement. Disputes between Subscribers and their respective employees and other End Users are governed by the Customer-employee and Free User-End User relationship and Customer and/or Free User-generated documents.
Use in the United States
This Website and the Services are intended for use within the United States, and we control and operate the Website and provide the Services from the United States. We make no representation that materials on the Website are appropriate or available for use outside the United States. If you choose to access this Website or Services from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Your Responsibilities
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all your data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Website.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Website and Services.
User Conduct on the Website
In connection with your use of the Website and the Services, you may not and you agree that you will not:
· use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained on the Website;
· reproduce, modify, adapt or create derivative works of any part of the Website;
· rent, lease or sell, or grant access to the Website and Services under your Account to a third party;
· reverse engineer, disassemble decompile, translate or otherwise seek to obtain the source code, algorithms, file formats, or other proprietary non-public application interface to the Website and Services;
· use the Website to build competitive software products;
· copy, store or otherwise access or use any information contained on the Website and the Services for purposes not expressly permitted by these Terms of Use and/or the Customer Business Agreement. As applicable;
· interfere with or damage the Website including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
· impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
Limitation of Liability and Warranty and Use Disclaimer
Tail endeavors to make sure that all information and data it originates on the Website is accurate. However, Tail is not responsible for any damages or loss related to the use of this Website.
THIS WEBSITE, ALL CONTENT AND MATERIAL CONTAINED ON THIS WEBSITE, ALL SERVICES PROVIDED ON THIS WEBSITE AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS AND CONTENT CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. TAIL RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THE WEBSITE OR SERVICES NOT BEING AVAILABLE AT ALL TIMES.
UNLESS PROHIBITED BY LAW, NEITHER TAIL (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE AND THE SERVICES, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR SERVICES OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.
TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES TAIL MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE OR THE SERVICES; AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF TAIL’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE WEBSITE OR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE WEBSITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE OR THE SERVICES.
Tail is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.
Indemnity
Unless prohibited by law, user agrees to indemnify Tail, and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners (collectively, “Tail Affiliates”), from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) a breach or alleged breach of any of user’s representations and/or warranties set forth in these Terms of Use by or through user; (ii) use of the Website and/or Services by or through user; and/or (iii) any violation of these Terms of Use by or through user. You agree that your representations and warranties, and your obligation to indemnify Tail, shall survive beyond any term for which these Terms of Use are in effect.
Electronic Communications
When you communicate with Tail electronically, via email or otherwise, you consent to receive electronic communications from Tail. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Tail satisfy any legal requirement that such communication be in writing. Please see our Privacy Policy concerning providing information to Tail, your consent to receiving information from Tail, your ability to withdraw such consent, and Tail’s obligations with respect to maintaining and/or returning any information you have provided to Tail. To request a copy of information you provided to Tail, please contact us at support@tailapp.ai.
With respect to all communications you make to Tail directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Tail shall have no obligation to protect your communications from disclosure; (ii) Tail shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Tail shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without obligation to you.
Acquisition of Business
In the event that Tail, or an affiliate of Tail is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that Tail goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Website, all data collected on and through the Website for Tail’s own purposes (including Personal Information still within our possession, custody or control), and any of our rights and obligations under the Terms of Use and/or the Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of Tail may continue to use the Personal Information as set forth in the Privacy Policy. If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations.
Contact Us
If you have any questions concerning this Website, the Services or any of the policies set forth in these Terms of Use, please contact us at spencer@tailapp.ai.
Copyright Infringement - Notice and Take-Down Policy
Tail values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, you may notify Tail in writing as follows:
Electronic Mail Address: support@tailapp.ai.
In your notice, you must include the following:
i. a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
ii. identification of the copyrighted work(s) that is (are) allegedly being infringed;
iii. identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Tail to locate such materials;
iv. contact information (i.e., name, address, email address) sufficient to enable Tail to contact you;
v. a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
vi. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
U.S. Export Controls
Software from or related to this Website including but not limited to the work management platform through which Tail provides the Services (collectively, the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the Website. No Software may be exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the Software other than pursuant to a Customer Agreement or other agreed upon terms between Subscriber and Tail is at your sole risk. Tail is not responsible for unauthorized downloading and/or exportation of Software and user shall indemnify Tail for any claims or damages, including but not limited to costs and attorneys’ fees, asserted or assessed against Tail for such unauthorized downloading and/or exportation of Software.
Disputes and Governing Law
Subject to the Customer Business Agreement, use of this Website and Software and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Tail of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Tail’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.
Except where prohibited by law, as a condition of your acceptance of these Terms of Use and/or accessing and/or using this Site and the Software, you agree that (1) any and all disputes and causes of action arising out of or connected with this Site and/or the Software shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose); and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
Except as otherwise provided, agreeing to these Terms of Use as regards arbitration constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
To the fullest extent permitted at law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Website and the Software you waive all rights to claim, punitive, incidental, consequential or any other damages (including multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates, in whole or part, to: this Website, the Software, the Services, and/or the Materials. Notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, to the fullest extent permitted at law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs or One Hundred Dollars ($100), whichever is greater.
Notwithstanding anything to the contrary set forth in these Terms of Use, Tail may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by Tail that has jurisdiction, in the event that Tail believes that there is a violation, or a threatened violation of any of Tail’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.
If you are an End User of a Customer or a Free User and have a dispute in connection with, concerning or arising out of these Terms of Use, use of the Website or use of the Services, or any other issue, such matters are between you and Customer or Free User, as applicable and must be addressed with such entities. Tail is not liable for an employee’s relationship with its employer or the relationship between an End User and the Customer or Free User, as applicable, and has no obligations, liability, or responsibility to the employee or other End User for any such dispute, and has no obligation to become involved in any such dispute.
Last Updated 10/2/2024
We are pleased to welcome you to Tail LLC (“Tail”) and our website, tailapp.ai (the “Website”). These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of the Website and Tail’s services offered through the Website. Tail provides a work management platform designed to help businesses and their employees manage and track their projects and time on a daily basis (the “Services”).
In order to access and utilize the Services, users must create accounts. Businesses that use the Services as part of a paid subscription plan enter into Customer Business Agreements with Tail; these businesses are referred to herein as “Customers.” Businesses that use the free version of the Services are referred to herein as “Free Users” and also enter into and are bound by the Customer Business Agreement. Customers and Free Users are collectively referred to herein as “Subscribers.” Employees, independent contractors, consultants and advisors of Subscribers authorized by Subscribers are referred to as “End Users.”
In these Terms of Use, the words “you” and “your” refer to each user, Customer, Free User, employees and other End Users, Website guest or visitor and are collectively referred to as “user,” and “we”, “us” and “our” refers to Tail, its subsidiaries, successors in interest and assigns, and tailapp.ai.
These Terms of Use are a binding and legal contract between you and Tail and explain the rules governing your use of our Website and Services. If any terms in the Customer Business Agreement apply to you (i.e., you are a Customer or Free User), those terms are also incorporated herein by reference and form part of this agreement. Please read these terms of use carefully before using this Website and make sure you understand them. These Terms of Use, including all documents referenced herein, including but not limited to the Customer Business Agreement and the Order Form, as applicable, represent the entire understanding and agreement between Tail and you regarding your use of this Website and Services and supersede any prior statements or representations. This Website’s Privacy Policy *[add link to Privacy Policy]* is incorporated into these Term of Use by reference and is made a part hereof. You are not authorized to use the Website if you do not agree to be legally bound by any or all of these Terms and Conditions.
Consent to Terms and Conditions
By using the Website, you agree that you have read and understood the Terms of Use, agree that you will comply with same for as long as you use the Website and acknowledge that you are legally bound by them.
Application of These Terms To You
If you are a Subscriber or other End User of a Subscriber, you are subject to these Terms and Conditions of Use to the extent that they supplement and do not conflict with the Customer Business Agreement. To the extent that these Terms of Use conflict or are inconsistent with the Customer Business Agreement, the terms of the Customer Business Agreement, if applicable to you, shall prevail.
If you are a Website visitor, user or guest, these Terms of Use govern your use of the Website.
Use of the Website
Access to, distribution and/or use of the Website and Services are subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of this Website or Services would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit the Website, register for any functionality of the Website, and/or access and utilize the Services, you are deemed to have confirmed your acceptance to these Terms of Use and the Website’s Privacy Policy. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use the Website or Services. Subscribers are further bound by Customer Business Agreements and their respective employees and other End Users are bound by their respective agreements with their employers and other applicable Subscriber-generated documents.
By having accepted these Terms of Use or otherwise participating in any activities and/or Services offered on or through the Website, you affirm, represent and warrant that: (a) you are 18 years of age or older, and a resident of the United States; (b) all information you submit via the Website shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms of Use; and (d) your use of the Website and the Services shall not otherwise violate any applicable law, rule or regulation.
Changes to the Terms of Use
From time to time, these Terms of Use may change. Tail reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on the Website and changes will become effective once posted. Your continued access to or use of the Website or Services will be deemed as acceptance by you of the then-current Terms of Use. Please review these Terms of Use often so that you will remain abreast of our current policies.
You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top of the Website pages.
Ownership of the Website
Tail owns and/or controls all rights necessary for operation and use of the Website and provision of the Services (collectively, “Materials”). Tail hereby grants you permission to use the Website and Services, as applicable, as set forth in these Terms of Use, but nothing in these Terms shall be construed to confer upon you any intellectual property rights in the Materials, other than the license granted to Subscribers. You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Tail in any form or manner, subject to the terms and provisions of the Customer Business Agreement.
Except as otherwise indicated on this Website and/or Customer Business Agreement, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Materials, in whole or part, without the express permission of Tail, is prohibited. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.
Ownership of Content Submitted to Website
Content submitted by Users to or through the Website is “Customer Content,” which is owned and controlled by user. Intellectual property rights in and to User Content are vested in user and are subject to any agreements between Subscribers and their employees. User hereby grants to Tail a license to modify, translate, reproduce, and otherwise act with respect to Customer Content to enable us to generate reports and otherwise adapt the Customer Content to provide the Services and otherwise fulfill the requirements and purposes of the Customer Business Agreement.
Resolving Disputes
If you have a dispute with Tail relating to the Website and you are not a Subscriber or an employee or other End User of a Subscriber, the Terms of Use will govern any legal dispute involving the Website and/or the Services. Please contact us at spencer@tailapp.ai and we will attempt to resolve the dispute with you. Disputes between Subscribers and Tail are governed by the terms of the Customer Business Agreement. Disputes between Subscribers and their respective employees and other End Users are governed by the Customer-employee and Free User-End User relationship and Customer and/or Free User-generated documents.
Use in the United States
This Website and the Services are intended for use within the United States, and we control and operate the Website and provide the Services from the United States. We make no representation that materials on the Website are appropriate or available for use outside the United States. If you choose to access this Website or Services from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Your Responsibilities
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all your data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Website.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Website and Services.
User Conduct on the Website
In connection with your use of the Website and the Services, you may not and you agree that you will not:
· use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained on the Website;
· reproduce, modify, adapt or create derivative works of any part of the Website;
· rent, lease or sell, or grant access to the Website and Services under your Account to a third party;
· reverse engineer, disassemble decompile, translate or otherwise seek to obtain the source code, algorithms, file formats, or other proprietary non-public application interface to the Website and Services;
· use the Website to build competitive software products;
· copy, store or otherwise access or use any information contained on the Website and the Services for purposes not expressly permitted by these Terms of Use and/or the Customer Business Agreement. As applicable;
· interfere with or damage the Website including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
· impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
Limitation of Liability and Warranty and Use Disclaimer
Tail endeavors to make sure that all information and data it originates on the Website is accurate. However, Tail is not responsible for any damages or loss related to the use of this Website.
THIS WEBSITE, ALL CONTENT AND MATERIAL CONTAINED ON THIS WEBSITE, ALL SERVICES PROVIDED ON THIS WEBSITE AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS AND CONTENT CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. TAIL RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THE WEBSITE OR SERVICES NOT BEING AVAILABLE AT ALL TIMES.
UNLESS PROHIBITED BY LAW, NEITHER TAIL (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE AND THE SERVICES, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR SERVICES OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.
TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES TAIL MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE OR THE SERVICES; AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF TAIL’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE WEBSITE OR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE WEBSITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE OR THE SERVICES.
Tail is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.
Indemnity
Unless prohibited by law, user agrees to indemnify Tail, and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners (collectively, “Tail Affiliates”), from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) a breach or alleged breach of any of user’s representations and/or warranties set forth in these Terms of Use by or through user; (ii) use of the Website and/or Services by or through user; and/or (iii) any violation of these Terms of Use by or through user. You agree that your representations and warranties, and your obligation to indemnify Tail, shall survive beyond any term for which these Terms of Use are in effect.
Electronic Communications
When you communicate with Tail electronically, via email or otherwise, you consent to receive electronic communications from Tail. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Tail satisfy any legal requirement that such communication be in writing. Please see our Privacy Policy concerning providing information to Tail, your consent to receiving information from Tail, your ability to withdraw such consent, and Tail’s obligations with respect to maintaining and/or returning any information you have provided to Tail. To request a copy of information you provided to Tail, please contact us at support@tailapp.ai.
With respect to all communications you make to Tail directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Tail shall have no obligation to protect your communications from disclosure; (ii) Tail shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Tail shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without obligation to you.
Acquisition of Business
In the event that Tail, or an affiliate of Tail is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that Tail goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Website, all data collected on and through the Website for Tail’s own purposes (including Personal Information still within our possession, custody or control), and any of our rights and obligations under the Terms of Use and/or the Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of Tail may continue to use the Personal Information as set forth in the Privacy Policy. If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations.
Contact Us
If you have any questions concerning this Website, the Services or any of the policies set forth in these Terms of Use, please contact us at spencer@tailapp.ai.
Copyright Infringement - Notice and Take-Down Policy
Tail values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, you may notify Tail in writing as follows:
Electronic Mail Address: support@tailapp.ai.
In your notice, you must include the following:
i. a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
ii. identification of the copyrighted work(s) that is (are) allegedly being infringed;
iii. identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Tail to locate such materials;
iv. contact information (i.e., name, address, email address) sufficient to enable Tail to contact you;
v. a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
vi. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
U.S. Export Controls
Software from or related to this Website including but not limited to the work management platform through which Tail provides the Services (collectively, the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the Website. No Software may be exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the Software other than pursuant to a Customer Agreement or other agreed upon terms between Subscriber and Tail is at your sole risk. Tail is not responsible for unauthorized downloading and/or exportation of Software and user shall indemnify Tail for any claims or damages, including but not limited to costs and attorneys’ fees, asserted or assessed against Tail for such unauthorized downloading and/or exportation of Software.
Disputes and Governing Law
Subject to the Customer Business Agreement, use of this Website and Software and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Tail of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Tail’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.
Except where prohibited by law, as a condition of your acceptance of these Terms of Use and/or accessing and/or using this Site and the Software, you agree that (1) any and all disputes and causes of action arising out of or connected with this Site and/or the Software shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose); and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
Except as otherwise provided, agreeing to these Terms of Use as regards arbitration constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
To the fullest extent permitted at law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Website and the Software you waive all rights to claim, punitive, incidental, consequential or any other damages (including multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates, in whole or part, to: this Website, the Software, the Services, and/or the Materials. Notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, to the fullest extent permitted at law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs or One Hundred Dollars ($100), whichever is greater.
Notwithstanding anything to the contrary set forth in these Terms of Use, Tail may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by Tail that has jurisdiction, in the event that Tail believes that there is a violation, or a threatened violation of any of Tail’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.
If you are an End User of a Customer or a Free User and have a dispute in connection with, concerning or arising out of these Terms of Use, use of the Website or use of the Services, or any other issue, such matters are between you and Customer or Free User, as applicable and must be addressed with such entities. Tail is not liable for an employee’s relationship with its employer or the relationship between an End User and the Customer or Free User, as applicable, and has no obligations, liability, or responsibility to the employee or other End User for any such dispute, and has no obligation to become involved in any such dispute.