Terms of Use
Last updated: November 17, 2023
1. Introduction
Welcome to Tackl, a comprehensive mobile application dedicated to enhancing your productivity through effective planning, note-taking, and task management. These Terms of Use ("Terms") are a legal agreement between you and TacklApp.com ("Tackl," "we," "us," or "our"), setting forth the rules and guidelines for your use of the Tackl mobile application ("App") and any related services, features, content, or applications we offer (collectively with the App, the "Services"). By using the Services, you agree to these Terms and signal your understanding of your rights and responsibilities.
2. Acceptance of Terms
Your access to and use of the Services is contingent upon your acceptance of and compliance with these Terms and our accompanying Privacy Policy. Please read these Terms carefully before using the Services. If you disagree with any part of the Terms, you do not have permission to access the Services.
3. Registration and Account Security
To utilize the full spectrum of Tackl's features, you may be required to create an account. You agree to provide true, accurate, and complete information during the registration process and to update this information to maintain its accuracy. The security of your account is paramount. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. Inform us immediately of any unauthorized use of your account.
4. User Conduct
As a user of Tackl, you agree to uphold the integrity of the Services. This includes refraining from uploading harmful or malicious content, respecting the intellectual property rights of others, and avoiding any form of illegal or harmful conduct. Any violation of these guidelines may lead to the termination of your account and legal action.
5. Intellectual Property Rights
The Services, including but not limited to its software, design, text, graphics, and logos, are the exclusive property of Tackl or its licensors. Access to the Services does not grant you any rights to copy, modify, or distribute Tackl's intellectual property. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.
6. User Content
You retain all rights to the content you create or upload through the Services ("User Content"). However, by submitting User Content, you grant Tackl a worldwide, perpetual, non-exclusive, royalty-free license to use, reproduce, modify, display, and distribute your User Content. This license is solely for the purpose of operating, promoting, and improving our Services, and to develop new ones.
7. Privacy
Your privacy is a top priority for us. Our Privacy Policy explains our practices regarding the collection, use, and sharing of personal information. By using the Services, you consent to the data practices described in our Privacy Policy.
8. Changes to Services
We are constantly updating and evolving Tackl to enhance your experience. We reserve the right, at our discretion, to modify or discontinue, temporarily or permanently, the Services or any part thereof, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Services.
9. Termination
Tackl reserves the right to terminate or suspend your access to the Services immediately, without prior notice or liability, if you breach any of these Terms. Upon termination, your right to use the Services will cease immediately.
10. Disclaimers
While we strive to provide a high-quality service, the Services are offered on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. We do not guarantee that the Services will function uninterrupted, be secure, or free from errors or harmful components. Your use of the Services is solely at your own risk.
11. Limitation of Liability
In no event shall Tackl, its affiliates, employees, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses, resulting from (i) your access to or use of (or inability to access or use) the Services; (ii) any content obtained from the Services; or (iii) unauthorized access, use, or alteration of your transmissions or content.
12. Governing Law
These Terms are governed and construed in accordance with the laws of the jurisdiction where Tackl is based, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms.
14. Contact Information
For any questions or concerns regarding these Terms, please contact us at info@tacklapp.com.
15. Trial Period and Subscription Plans
Tackl offers a 30-day free trial period for new users to experience the full range of premium features without charge. Following this, you have the option to subscribe to either our monthly or annual plans. Detailed information about the pricing, features included in each plan, and any differences between them can be found within the App. This information includes but is not limited to storage limits, access to advanced features, and customer support levels.
16. Cancellation and Refund Policy
Subscriptions can be canceled at any time through your phone subscription settings. Upon cancellation, you will continue to have access to the paid features until the end of your current billing cycle. Refunds are generally not provided for any partial subscription periods or for Services not used during an active subscription. However, exceptions may be considered on a case-by-case basis, especially in cases of service malfunction or failure to deliver promised features.
17. Renewal Policies
To ensure uninterrupted service, subscriptions are automatically renewed at the end of each billing cycle. You will receive a notification prior to any renewal with details about the cost and renewal date. If you do not wish to renew your subscription, you must manually cancel it in your phone subscription settings before the renewal date. We also reserve the right to change subscription fees, but any such changes will be communicated in advance.
18. Service Availability
Tackl's availability may vary based on geographic location. Certain features or aspects of the Services might be restricted or altered in specific countries or regions due to local laws, regulations, or market conditions. We will make reasonable efforts to notify users of any such limitations if they are applicable.
19. Age Restrictions
Users must be at least 14 years of age to create an account and use Tackl. For users between 14 and 18 years of age, it is required that a parent or legal guardian reviews and agrees to these Terms of Use and the Privacy Policy. The guardian also assumes full responsibility for the minor's use of Tackl.
20. Dispute Resolution and Legal Recourse
In the event of a dispute arising from or relating to these Terms, users agree to first contact Tackl to seek an informal resolution. If the dispute cannot be resolved informally, it shall be resolved through binding arbitration in the jurisdiction where Tackl is headquartered. This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies.
21. Data Backup and Loss
We regularly back up data on our servers to prevent data loss. However, Tackl is not liable for any loss of data, including data loss resulting from unauthorized access to your account or technical malfunctions. Users are strongly encouraged to maintain their own backups of critical data stored within the app.
22. Service Limitations and Fair Use Policy
Users must comply with a fair use policy, which is designed to prevent abuse of the Services and ensure equitable access for all users. This includes limitations on the volume of data stored, frequency of requests to our servers, and other measures to prevent excessive use. Violation of these terms may result in throttling, suspension, or termination of your account.
23. Changes in Service Features or Pricing
We reserve the right to make changes to our Services, including updates, modifications, and pricing adjustments. Users will be notified of any significant changes at least 30 days in advance through notifications within the app, or by email. This gives you ample time to review and adjust your subscription as needed.
24. Accessibility and Accommodations
Tackl is committed to providing an accessible experience for all users, including those with disabilities. Our team works to ensure compliance with accessibility standards and welcomes feedback for improving accessibility. If you have specific needs or require special accommodations, please contact us.
25. Customer Support and Service Levels
Our dedicated customer support team aims to provide timely and helpful assistance. Response times may vary based on the complexity of the issue and current support volumes. We strive to address all inquiries within a reasonable timeframe and to provide consistent service levels to all users.
26. Export Control
Users of Tackl are responsible for complying with all export and re-export control laws and regulations of their respective jurisdictions. This includes restrictions on destinations, end-users, and end-use.
27. Entire Agreement
These Terms, including the Privacy Policy, represent the entire agreement between you and Tackl regarding the use of the Services and supersede and replace any prior agreements we might have had between us regarding the Services.
28. Acknowledgement
By accessing and using the Services, you acknowledge that you have read these Terms, understand them, and agree to be bound by them.