TingoTeams Terms Of Service

By using the tingoteams.com web site ("Service"), a service of Cognethos Pty Limited ("Cognethos"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Cognethos reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://tingoteams.com/Home/Terms.

Violation of any of the terms below will result in the termination of your Account. While Cognethos prohibits such conduct and Content on the Service, you understand and agree that Cognethos cannot be responsible for the Content posted on the Service and that you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Accounts and Logins

You must be 13 years or older to use the Service.
Your account must be registered manually by a person. It is not permitted to register an Account or Login by an automated method.
You must provide a legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by you. A single login shared by multiple people is not permitted. Each person within a company must have his or her own user login.
One person or legal entity may not maintain more than one free or trial account.
You are responsible for maintaining the security of your account and password. Cognethos cannot and will not be liable for any loss or damage from your failure to comply with this obligation.
You are responsible for all Content posted and activity that occurs using the service created under your account, even if said Content is posted by others who are using the Service using logins created under your account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

API Usage Terms

Customers may access their TingoTeams account data via an API (Application Program Interface) by prior written agreement. Any use of the API, including use of the API through a third-party product that accesses TingoTeams, is bound by the terms of this agreement plus the following specific terms:

Cognethos reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Abuse or excessively frequent requests to TingoTeams via the API may result in the temporary or permanent suspension of your account's access to the API. Cognethos, at its sole discretion, will determine abuse or excessive usage of the API. Cognethos will make a reasonable attempt via email to warn the account owner prior to suspension.
You expressly understand and agree that Cognethos shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cognethos has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

Payment, Refunds, and Upgrading and Downgrading

Valid billing information is required for paying accounts. Free or trial accounts are not required to provide billing information.
If you initially sign up for a Basic, Plus, Premium or Max account, and you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 28th day, you will not be charged.
You will be charged for your first month immediately upon upgrading from a free or trial account to a paying account.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
If you do not provide payment, Cognethos reserves the right to immediately deny access to your account until payment is received.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level, you will be automatically charged the new rate on your next billing cycle. You will not receive a refund for the difference in plan prices for the partial month.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Cognethos does not accept any liability for such loss.
If you choose to downgrade your account, your Account must fit within the restrictions (e.g. number of logins or other restrictions.) of the new plan selected.

Cancellation and Termination

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking the Delete Account button from your dashboard within the server application.
All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel the Service before the end of the month for which you have already been billed, the difference will not be refunded for a partial month.
Cognethos, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Cognethos service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
Cognethos reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

Cognethos reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us.
Cognethos shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and any Content created under your account remain yours.
Cognethos does not pre-screen Content, but Cognethos and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyright ©2010 Cognethos Pty Limited. All rights reserved. You may not duplicate, copy, or reuse any portion of the visual design or underlying code without express written permission from Cognethos.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
Technical support is only provided to paying account holders.
You understand that Cognethos uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Cognethos, or any other Cognethos service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Cognethos.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Cognethos customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Cognethos) of other TingoTeams customers, we reserve the right to immediately disable or throttle your account until you reduce your bandwidth consumption.
COGNETHOS MAKES NO WARRANTY CONCERNING THE SERVICE. ACCORDINGLY, SERVICE AND ALL OTHER DATA, MATERIALS, AND DOCUMENTATION PROVIDED IN CONNECTION WITH THIS AGREEMENT BY COGNETHOS AND ITS SUPPLIERS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. COGNETHOS AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. COGNETHOS DOES NOT WARRANT THAT THE SERVICE WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE OR VIRUS-FREE.
COGNETHOS’ TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISNG FROM OR IN CONNECTION WITH THIS AGREEMENT (UNDER ANY LEGAL THEORY INCLUDING CLAIMS IN CONTRACT OR TORT), AND THE SERVICE, WILL NOT EXCEED: (A) ONE HUNDRED DOLLARS ($100) IN THE CASE OF CUSTOMERS USING THE FREE SERVICE OR (B) IN THE CASE OF CUSTOMERS PURCHASING SERVICES, THE AMOUNTS ACTUALLY PAID TO COGNETHOS BY SUCH CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FORMAL WRITTEN NOTICE OF THE CLAIM FOR LIABILITY HEREUNDER. ALL CLAIMS AGAINST COGNETHOS WILL BE AGGREGATED TO SATISFY THIS LIMIT AND MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL COGNETHOS BE LIABLE FOR SPECIAL, INCIDENTAL, DIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (UNDER ANY LEGAL THEORY INCLUDING CLAIMS IN CONTRACT OR TORT), INCLUDING, BUT NOT LIMITED TO, INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF ANY INFORMATION OR DATA OR OF THE SERVICE, EVEN IF RALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
The failure of Cognethos to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Rally and govern your use of the Service, superseding any prior agreements between you and Rally (including, but not limited to, any prior versions of the Terms of Service).

Any questions regarding these Terms of Service should be addressed to contact@tingoteams.com.