Terms of use
This software application is controlled by T2Fi LLC (referred to herein together with its affiliates as “T2Fi”, “us”, “we”, or the “Company”). By creating a user account and/or accessing or using the associated software, products and/or devices (the “Services”), you represent and warrant that you have read, understand and agree to be bound by these Terms of Use and Privacy Policy (collectively, the “Terms of Use” or “Agreement”).
We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use on this page. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access, or continue to use or access, the Services.
Commonly used terms and definitions
All initial capitalised terms used in this Agreement have the meaning ascribed to them. In addition to terms defined elsewhere in this Agreement:
- Content
- All information downloaded, uploaded or appearing on the Services and which may become available for use or display, including designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data and other files and creative output, in whatever format.
- Intellectual Property Rights
- Any writing, trade name, trademark, service mark, mask work or other material registered or otherwise protected or protectable under state, federal or foreign patent, trademark, copyright, trade secret or similar laws.
- Non-T2Fi Product
- A product manufactured or controlled by a person other than T2Fi or a person owned or controlled by T2Fi.
- Person
- Any individual, trust or legal entity.
- Personally Identifiable Information
- Information that can be reasonably linked to a specific User.
- Proprietary Information
- Scientific, technical, trade or business secrets and materials that a person or entity treats, or is obligated to treat, as confidential or proprietary.
- User
- Anyone who creates an account and is registered to provide content on the Services, together with all other persons who participate in the Services other than the Company.
T2Fi control of the Services
You acknowledge that T2Fi is a service provider that generally does not regulate the content of Users’ interactions with the Services. T2Fi reserves the right to monitor and/or limit User Content provided on the Services.
Service interruptions and changes
T2Fi reserves the right to interrupt the Services with or without prior notice for any reason or no reason. You agree that T2Fi will not be liable for any interruption, delay or failure to perform. T2Fi may change or eliminate any aspect of the Services at any time.
Eligibility
Participation in the Services is void where prohibited. The Services are intended solely for users who are thirteen (13) years of age or older. Any registration, use or access by anyone under 13 is unauthorised, unlicensed and in violation of these Terms of Use.
Registration data and account security
In consideration of your use of the Services, you agree to provide accurate, current and complete information requested by registration forms; maintain the security of your password and identification; promptly update your Registration Data; and accept responsibility for all use of your account and actions that take place through it.
Content and acceptable use
Proprietary rights in Content; limited licence
All Content is the proprietary property of the Company, its Users or other licensors, with all rights reserved. No Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted or sold, in whole or in part, without the Company’s prior written permission, except for Content legally provided by Users as addressed below.
Eligible Users are granted a limited, revocable licence to access and use the Services and Content, and to download or print a copy of properly accessible Content solely for personal use in connection with the Services. This licence does not include data mining, robots or similar data-gathering or extraction methods. Unauthorised use may terminate this licence and may violate applicable law.
Ownership of Content
Users may retain applicable Intellectual Property Rights in Content they create or submit through the Services. By submitting Content, you grant the Company a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and licence to use, reproduce and distribute your Content within the Services as permitted by your interactions; to delete Content from Company-owned, controlled or used servers; and to copy, analyse and use Content as necessary for debugging, testing and support.
You are solely responsible for understanding the intellectual-property and other laws that apply to your Content and for the legal consequences of your actions or failures to act. T2Fi’s acknowledgement of your rights does not constitute legal advice. T2Fi retains ownership of User account data. Rights in Content do not confer ownership of an account, rights of access to the Services or rights to data stored by or for the Company.
Conduct by Users; prohibited conduct
You agree not to use the Services to infringe third-party rights; disclose Proprietary Information; impersonate another person; violate any law or regulation; transmit harmful, threatening, abusive, defamatory, obscene, hateful or otherwise objectionable Content; distribute malicious code; violate a contractual or fiduciary duty; disrupt the Services or connected networks; gain unauthorised access to another User’s account; stalk, abuse or harass another User; charge a third party for use of the Services; or modify, reverse engineer, decompile or attempt to discover the source code of the Services. A violation may result in immediate and permanent suspension or cancellation of your account.
Monitoring Content
T2Fi is not responsible or liable for Content posted on or in connection with the Services. We do not control what Users post, transmit or share and are not responsible for offensive, inappropriate, obscene, unlawful or otherwise objectionable User Content, or for the online or offline conduct of any User.
Disputes between Users
As a condition of access, you release T2Fi and its shareholders, affiliates, directors, officers, subsidiaries, employees and agents from claims, demands and damages arising from disputes with other Users. T2Fi may, but is not obligated to, resolve disputes relating to the Services in good faith under the Services’ general rules and standards. Such resolution is final with respect to the Services but has no bearing on real-world legal disputes.
Data on Company servers
Content, objects, items, scripts, account history, account names and other data residing on T2Fi servers may be deleted, altered, moved or transferred at any time for any reason in T2Fi’s sole discretion. T2Fi does not guarantee any cash or other value attributed to that data and may remove Content, in whole or in part, with or without notice and without liability.
Warranties and liability
T2Fi does not ensure continuous, error-free, secure or virus-free operation of the Services or your account. Some jurisdictions do not allow the disclaimer of implied warranties, and the disclaimer may not apply to you to that extent.
To the fullest extent permitted by law, T2Fi and its shareholders, affiliates, directors, officers, subsidiaries, employees and agents will not be liable for special, incidental, consequential, punitive or exemplary damages, including lost profits, arising out of or in connection with the Services or this Agreement. T2Fi’s cumulative liability for direct damages will not exceed one hundred US dollars (US $100.00). Where a jurisdiction does not permit a limitation, that limitation will not apply to the extent it is impermissible.
Indemnification
You agree to defend, indemnify and hold harmless T2Fi, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors, assigns and other Users from damages, liabilities, claims and expenses, including legal fees and costs, arising from your breach of this Agreement, use of the Services, or third-party claims that your activity or Content infringes, violates or misappropriates Intellectual Property Rights or discloses Proprietary Information.
Non-T2Fi Products
The Services may enable interaction with Non-T2Fi Products. These products are outside T2Fi’s control and are not covered by this Agreement. T2Fi makes no representation or warranty and accepts no liability concerning them. Contact the applicable manufacturer for information.
Personal information
Collection and uses
You acknowledge that T2Fi may track, record, observe or follow interactions with the Services. Except as otherwise provided, personal information supplied during registration is used for the Company’s internal purposes. T2Fi uses collected information to understand preferences and improve the Services.
Registration may require your full name, a valid email address, username and/or password. Connecting a device to your network may require wireless-network information such as an SSID and network password. During device setup, technical information may be transferred between your phone and associated devices, including wireless-network information and technical or identifying information relating to the phone and device. You agree that T2Fi may communicate with you by email and similar technology for purposes relating to the Services.
Sharing your personal information
T2Fi will not give Personally Identifiable Information to a third party or otherwise disclose it without your express approval, except as reasonably necessary to fulfil a service request or purchase order; to service providers such as fulfilment, customer-support, billing and credit-verification providers; to comply with tax and other applicable law; as otherwise permitted by this Agreement or authorised by you; to law enforcement or appropriate third parties in connection with criminal, fraud or other investigations; in connection with a merger, sale, reorganisation, dissolution or liquidation; or as necessary to protect the Company, its agents and other Users.
T2Fi may disclose information to private entities, law-enforcement agencies or government officials when it believes disclosure is necessary. T2Fi may share aggregated information about Users, Content and usage, provided that it is not linked to Personally Identifiable Information without consent.
Security of your personal information
T2Fi follows generally accepted industry standards to protect personal information during transmission and after receipt. No method of internet or mobile transmission, or electronic storage, is completely secure. Although we use commercially acceptable safeguards, we cannot guarantee security against unauthorised or unlawful interception or access.
Retention of your personal information
We may retain information obtained from or about you for as long as permitted or required by law. If an account is deleted or terminated, access will end, but we may retain information for future use as authorised by this Privacy Policy, to prevent, investigate or identify possible wrongdoing, or to comply with legal obligations.
Contact, updates and disputes
Contact T2Fi
Questions, suggestions or concerns relating to this Privacy Policy may be sent to davidc@t2fi.com. T2Fi may change, modify, add or delete portions of this Privacy Policy at any time under the process described in this Agreement.
Dispute resolution; governing law; venue and jurisdiction
You and the Company agree that the sole and exclusive forum and remedy for disputes and claims relating to this Agreement or the Services will be final and binding arbitration, except that T2Fi may seek injunctive relief in a state or federal court located in New York County, New York, concerning violation of User conduct rules.
Arbitration will be conducted by the American Arbitration Association under its Commercial Arbitration Rules and, for consumer disputes, its Supplementary Procedures for Consumer-Related Disputes. The location and allocation of costs and fees will be determined under those rules, subject to the applicable consumer limitations. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by law, you and T2Fi may bring claims against each other only in an individual capacity, not as a plaintiff or class member in a purported class or representative proceeding. No arbitration or claim under these Terms may be joined to another arbitration or claim involving another current or former User. No claim, action or proceeding relating to the Services may be instituted more than three years after the cause of action arose.
General provisions
The Services are controlled and operated by T2Fi from offices within the United States. T2Fi makes no representation that the Services are appropriate or available outside the United States. Users in other locations are responsible for complying with applicable local law, including export and import laws and regulations.
T2Fi’s failure to act on a breach does not waive its right to act on that or a later breach. A consent or waiver is effective only if delivered in writing and signed by an authorised Company officer. T2Fi may assign its rights and obligations to a subsequent owner or operator in connection with a merger, acquisition or sale of substantially all assets. You may not assign this Agreement without prior written consent.
No default, delay or failure to perform is a breach if caused by circumstances beyond T2Fi’s reasonable control. This Agreement is the entire understanding between you and T2Fi concerning its subject matter. Section headings are for convenience only. If a provision is held unlawful, void or unenforceable, it will be severed without affecting the remaining provisions. T2Fi may provide notice through the Services, by email to the address associated with your account, or by written communication to your address on record.