TEACIRCLE - TERMS AND CONDITIONS
INTRODUCTION
Welcome to TeaCircle! These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Tech Arm Softwares Inc. ("Company," "we," "us," or "our"), a registered corporation located in Toronto, Ontario, Canada, regarding your use of our social media application, TeaCircle, including all related services, features, content, and functionality (collectively, the "Service").
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.
1. ACCEPTANCE OF TERMS
1.1 By creating an account, downloading, installing, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications.
1.2 We may update or amend these Terms from time to time at our sole discretion. All changes will be effective immediately upon posting on the Service. Your continued use of the Service following the posting of any changes constitutes your acceptance of such changes.
1.3 It is your responsibility to review these Terms periodically for changes. If you do not agree to the modified terms, you should discontinue your use of the Service.
2. ELIGIBILITY
2.1 Age Requirements: You must be at least 16 years of age to use the Service. If you are between the ages of 13 and 16, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. In jurisdictions where the minimum age requirement is higher than 13, you must meet the applicable age requirement to use the Service.
2.2 Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a Canadian or U.S. Government embargo, or that has been designated as a "terrorist supporting" country; and (ii) you are not listed on any Canadian or U.S. Government list of prohibited or restricted parties.
2.3 You are solely responsible for ensuring that your use of the Service complies with all laws, rules, and regulations applicable to you.
3. ACCOUNT CREATION & USER INFORMATION
3.1 To use the Service, you may be required to create an account by providing certain information, including but not limited to your name, email address, profile photo, date of birth, and other personal information.
3.2 You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.3 You are responsible for safeguarding your password and for all activities that occur under your account. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.
3.4 You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
4. CONTENT UPLOADED BY USERS
4.1 Ownership: You retain all of your ownership rights in any content, including but not limited to photos, videos, posts, messages, comments, and other media ("User Content") that you upload, post, display, or otherwise make available on or through the Service.
4.2 License Grant to Us: By submitting User Content on or through the Service, you grant to Tech Arm Softwares Inc. a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with providing and promoting the Service.
4.3 License Grant to Other Users: By submitting User Content that is set to be viewed publicly or to specific users based on your privacy settings, you grant to each user of the Service a non-exclusive license to access and use your User Content as permitted by these Terms and the functionality of the Service.
4.4 Representations and Warranties: You represent and warrant that: (i) you own the User Content posted by you on or through the Service or otherwise have the right to grant the licenses set forth in this section; (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person; and (iii) the posting of your User Content does not violate any applicable law or regulation.
4.5 Monitoring and Enforcement: We have the right, but not the obligation, to monitor, edit, or remove any User Content for any or no reason, including if we believe such User Content violates these Terms or is otherwise objectionable.
5. CHAT AND MESSAGING
5.1 The Service may allow users to communicate with other users through various chat and messaging features. You understand and agree that such communications may be stored, processed, and accessed by us for the purpose of providing the Service, ensuring compliance with these Terms, and addressing safety concerns.
5.2 You consent to the storage and potential moderation of messages for safety, security, or compliance purposes. We may use automated systems or human moderators to detect and remove harmful or inappropriate content.
5.3 While we strive to protect the privacy of your communications, we cannot guarantee that all communications will remain private or secure. You should exercise caution when sharing sensitive information through the Service.
6. DATA STORAGE
6.1 You acknowledge and agree that:
a) Your data, including but not limited to chats, photos, profile information, and other User Content, may be stored on third-party servers which may be located outside of Canada or the United States;
b) While we implement reasonable security measures to protect your data, no method of electronic storage or transmission is 100% secure;
c) We cannot guarantee the absolute security of your data and are not liable for unauthorized access to or alteration of your data that is beyond our reasonable control;
d) Upon your request to delete your data, we will process such request within 90 days in accordance with our Privacy Policy and applicable laws.
6.2 You understand that you are responsible for backing up your own content as we do not guarantee the retention or availability of your User Content for any specific period of time.
7. PRIVACY POLICY
7.1 Our Privacy Policy, available at [link to Privacy Policy], is incorporated by reference into these Terms and explains how we collect, use, and disclose information from our users.
7.2 By using the Service, you acknowledge and agree that your use is subject to our Privacy Policy, which complies with applicable privacy regulations, including but not limited to the General Data Protection Regulation (GDPR), the Personal Information Protection and Electronic Documents Act (PIPEDA), and the California Consumer Privacy Act (CCPA).
7.3 Data Deletion Rights: You have the right to request deletion of your personal data. Upon receiving such a request, we will delete your personal data within 90 days, except where we are legally required to retain certain information. To request deletion of your data, please contact us at info@techarm.ca.
8. USER CONDUCT
8.1 You agree not to engage in any of the following prohibited activities:
a) Using the Service for any illegal purpose or in violation of any local, provincial, national, or international law;
b) Harassing, threatening, intimidating, or stalking other users, or engaging in any conduct that is harmful, offensive, or objectionable;
c) Posting, uploading, or sharing content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
d) Impersonating any person or entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity, or using deception to manipulate users;
e) Spamming, phishing, or engaging in any other activity that could reasonably be considered disruptive to other users' enjoyment of the Service;
f) Attempting to circumvent any content filtering techniques we employ, or attempting to access areas or features of the Service that you are not authorized to access;
g) Using any robot, spider, crawler, scraper, or other automated means to access the Service or collect content or information from the Service;
h) Introducing any viruses, Trojan horses, worms, logic bombs, or other harmful material into the Service;
i) Encouraging or enabling any other individual to do any of the foregoing.
8.2 We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including reporting the user to law enforcement authorities.
9. TERMINATION OF ACCOUNT
9.1 We reserve the right, in our sole discretion, to suspend or terminate your account and your access to the Service at any time, with or without notice, for any reason or no reason, including but not limited to your violation of these Terms, creating risk or possible legal exposure for us, or for any other reason we deem appropriate.
9.2 You may terminate your account at any time by following the instructions provided in the Service. Upon termination, your User Content may continue to exist on the Service if you have previously shared it with other users or made it publicly available, unless you specifically request its deletion in accordance with our Privacy Policy.
9.3 All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. COPYRIGHT & DMCA
10.1 We respect the intellectual property rights of others and expect our users to do the same.
10.2 DMCA Compliance: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) A description of the copyrighted work that you claim has been infringed;
c) A description of where the material that you claim is infringing is located on the Service;
d) Your address, telephone number, and email address;
e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
10.3 You may submit your notice of claimed infringement to our designated agent at: info@techarm.ca.
10.4 We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We also reserve the right to terminate a user's account if they are determined to be a repeat infringer.
11. THIRD-PARTY SERVICES AND LINKS
11.1 The Service may contain links to third-party websites, services, or resources that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.
11.2 If you access a third-party website, service, or resource from the Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites or services.
11.3 You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website or service that you visit.
12. LIMITATION OF LIABILITY
12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TECH ARM SOFTWARES INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
12.2 WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM: (A) YOUR USE OF THE SERVICE; (B) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/OR (G) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
12.3 IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).
12.4 THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. INDEMNITY
13.1 You agree to defend, indemnify, and hold harmless Tech Arm Softwares Inc., 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) arising out of or relating to:
a) Your use of and access to the Service;
b) Your violation of any term of these Terms;
c) Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right;
d) Any claim that your User Content caused damage to a third party; or
e) Any violation of applicable laws, rules, or regulations.
13.2 This defense and indemnification obligation will survive these Terms and your use of the Service.
14. CHANGES TO TERMS
14.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes through the Service or by other means, as determined by us.
14.2 What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms.
15. GOVERNING LAW
15.1 These Terms and any action related thereto shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of laws provisions.
15.2 Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the courts located in Toronto, Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
15.3 You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. DISPUTE RESOLUTION
16.1 Mandatory Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, shall be referred to and finally determined by arbitration in accordance with the Arbitration Act of Ontario.
16.2 The tribunal shall consist of one arbitrator. The place of arbitration shall be Toronto, Ontario. The language to be used in the arbitral proceedings shall be English.
16.3 Waiver of Class Actions: YOU AND TECH ARM SOFTWARES INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
16.4 Small Claims: Notwithstanding the foregoing, either party may bring an individual action in small claims court in Toronto, Ontario.
16.5 Before commencing a formal proceeding, you agree to first try to resolve any dispute informally by contacting us at info@techarm.ca. We'll try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Tech Arm Softwares Inc. may bring a formal proceeding.
17. GENERAL PROVISIONS
17.1 Entire Agreement: These Terms, our Privacy Policy, and any other agreements or policies expressly incorporated by reference herein constitute the entire agreement between you and Tech Arm Softwares Inc. concerning the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us.
17.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions of these Terms shall remain in full force and effect.
17.3 Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tech Arm Softwares Inc.
17.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. We may freely assign or transfer these Terms without restriction.
17.5 Notices: Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Service or by email to the address you provide during account creation.
17.6 No Agency: No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
17.7 Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.