TERMS OF USE
Last Modified: April 1, 2022
ACCEPTANCE OF TERMS OF USE
The following terms and conditions, together with any other notices or documents that they expressly incorporate by reference (collectively, these “Terms of Use”), are entered into by and between You and Tatstat, LLC, a California limited liability corporation (“Tatstat”, “we” or “us”). The Terms of Use govern your access to and use of the Tatstat mobile application (“App”) and the Tatstat websites, Tatstat.io (collectively, “Website”) (the App and the Website, are collectively referred to hereinafter as the “Platform”), including any content, functionality and services offered on or through the Platform, whether as a guest or a registered user.
IMPORTANT: PLEASE REVIEW THE MUTUAL ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH TATSTAT ON AN INDIVIDUAL BASIS (WAIVING YOUR RIGHT TO A CLASS ACTION) THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
THESE TERMS OF USE ALSO CONTAIN RELEASES, LIMITATIONS ON LIABILITY, AND PROVISIONS ON INDEMNITY AND ASSUMPTION OF RISK, ALL OF WHICH MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES. PLEASE REVIEW THEM CAREFULLY.
Please read the Terms of Use carefully before you start to use the App. By using the App or by clicking to accept or agree to the Terms of Use when this option is made available to you, you also accept and agree to be bound and abide by the Additional Terms (as explained below), which are incorporated herein by reference. If you do not want to agree to these Terms of Use or Additional Terms, you must not access or use the Platform.
By using the Platform, you represent and warrant that you are 18 or older and of legal age to form a binding contract with Tatstat and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use any part of the Platform.
ADDITIONAL TERMS
Our Privacy Notice and other notices applicable to your use of the Platform are incorporated by reference into these Terms of Use (the “Additional Terms”), as updated from time to time. BY ACCESSING OR USING THE PLATFORM, YOU ACCEPT THESE ADDITIONAL TERMS. We will make Additional Terms available for you to read through the Platform. If you do not agree to abide by the Additional Terms, you automatically opt out of, and are prohibited from, using the Platform. If you violate the provisions of the Additional Terms, Tatstat may, in its sole discretion, suspend, discontinue, or change your account or any aspect of your access to or use of the Platform in whole or in part. By continuing to use the Platform, you agree to the Additional Terms and any future amendments and additions to the Additional Terms as published from time to time through the Platform. Please review the Additional Terms periodically to ensure you are up-to-date with any changes.
CHANGES TO THESE TERMS OF USE
We reserve the right to change or modify these Terms of Use at any time and in our sole discretion. If we make material changes to these Terms of Use, we will provide notice of such changes, such as by posting a notice on our Platform and/or updating the “Last Updated” date above. Your continued use of the Platform following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended Terms of Use, you must stop using our Platform.
ACCESSING THE PLATFORM / ACCOUNT SECURITY
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are responsible for:
To access the Platform or some of the resources it offers, you may be asked by Apple to provide certain details or other information. It is a condition of your use of the Platform that all the information you provide is correct, current and complete. You agree that all personal information you provide in connection with your use of the App or otherwise, including but not limited to through any communications directly to us, is governed by our Privacy Notice, which is part of our Additional Terms incorporated herein by reference as explained above, and you consent to all actions we take with respect to your personal information consistent with our Privacy Notice. YOU AGREE THAT YOU HAVE THE RIGHT TO SUBMIT ANY PERSONAL INFORMATION TO TATSTAT AND THAT SUCH PERSONAL INFORMATION IS ACCURATE.
INTELLECTUAL PROPERTY RIGHTS
The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Tatstat, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: support@tatstat.io.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Tatstat. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
TRADEMARKS
Tatstat’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Tatstat or its affiliates or licensors. You must not use such marks without the prior written permission of Tatstat. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.
PROHIBITED USES
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:
Additionally, you agree not to:
Otherwise attempt to interfere with the proper working of the Platform.
APP-SPECIFIC TERMS AND LICENSE
Limited License
Notwithstanding anything to the contrary herein and subject to your compliance with these Terms of Use, Tatstat grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device or computer that you own or control and run such copy of the App solely for your own personal use. Furthermore, with respect to the App you will only use the App (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system); and (ii) as permitted by applicable “Usage Rules” set forth in the Apple App Store Terms of Use. Tatstat reserves all rights in the App not expressly granted to you by these Terms of Use.
IOS Users
With regard to your use of the App, you acknowledge and agree that (i) these Terms of Use are an agreement between you and Tatstat only, and not Apple, and (ii) Tatstat, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between Tatstat and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Tatstat, subject to the these Terms of Use. You and Tatstat acknowledge that, as between Tatstat and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Tatstat acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, as between Tatstat and Apple, Tatstat, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by, and subject to, these Terms of Use. You and Tatstat acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use as related to your license of the App, and that, upon your acceptance of the Terms of Use and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third-party beneficiary thereof.
CHANGES TO THE PLATFORM
We may update the content on this Platform from time to time, at our sole discretion, but its content may not necessarily or always be complete or up-to-date. Any of the material on the Platform may be out-of-date at any given time, and we are under no obligation to update such material, including without limitation the functionality of the App. We may choose to permanently remove the App at any time.
USER IS RESPONSIBLE FOR ALL UPLOADED FILES
The App allows users to take photographs and videos or record audio clip (each a “User File”) with the App on their mobile devices. Users are solely responsible for all content of any User Files that they upload to their mobile device(s) and/or use in connection with the App.
You agree that you are responsible for obtaining any licenses, releases, waivers in connection with your use, including modification, disclosure or other action, of the User Files. This includes, without limitation, obtaining releases from individuals whose photo or likeness may be included in a User File or a license from a company whose intellectual property is included in the User Files, where applicable. YOU FURTHER AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL USER FILES THAT ARE USED WITH OR UPLOADED INTO THE APP, INCLUDING ANY USER FILES THAT YOU SHARE OR SELL, AND THAT TATSTAT SHALL HAVE NO LIABILITY TO ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF USER FILES AND/OR ANY CONTENT CONTAINED THEREIN.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files or software available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TATSTAT NOR ANY PERSON ASSOCIATED WITH TATSTAT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER TATSTAT NOR ANYONE ASSOCIATED WITH TATSTAT REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TATSTAT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL TATSTAT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND IN NO EVENT WILL TATSTAT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR MORE THAN ONE HUNDRED DOLLARS IN THE AGGREGATE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Tatstat, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees), including third-party claims, arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your use or disclosure of User Files.
BINDING ARBITRATION / CLASS ACTION WAIVER
Arbitrator’s Decision.
TERM AND TERMINATION
These Terms of Use will continue to apply to you until terminated by either you or Tatstat. TATSTAT MAY TERMINATE THESE TERMS OF USE OR SUSPEND YOUR ACCESS TO THE PLATFORM AT ANY TIME, INCLUDING IN THE EVENT OF YOUR ACTUAL OR SUSPECTED UNAUTHORIZED USE OF THE PLATFORM OR NON-COMPLIANCE WITH THE TERMS OF USE, OR IF WE WITHDRAW THE PLATFORM OR ANY CONTENT CONTAINED THEREIN. If you or Tatstat terminates these Terms of Use, or if we suspend your access to the Platform, you agree that Tatstat shall have no liability or responsibility to you, and that Tatstat will not refund any amounts that you have already paid via the Apple Store, to the fullest extent permitted under applicable law. You may terminate these Terms of Use at any time. To learn how to terminate your Tatstat account, please contact us at support@tatstat.io. This section will be enforced to the fullest extent permissible by applicable law.
Any sections of these Terms of Use, including but not limited to ‘Indemnification’, ‘Intellectual Property’, ‘Disclaimers’, ‘Limitation of Liability’, ‘Binding Arbitration; Class Action Waiver’, that either explicitly or by their nature, must remain in effect even after termination of these Terms of Use, shall survive termination.
WAIVER AND SEVERABILITY
No waiver of by Tatstat of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Tatstat to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court, arbitration body or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and Tatstat with respect to the Platform.
QUESTIONS OR COMMENTS
The contracting entity is Tatstat, LLC located at:
700 Van Ness Ave. Fresno, CA 93721
All other feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: support@tatstat.io.
Thank you for reading our Terms of Use.
support@tatstat.io | (800) 339-9357
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