TS Technologies FZCO (hereinafter "Company", "we" or "us") is the developer and operator of TargPatrol software that provides Service to You via our Web-site https://targpatrol.com/, or our applications. TargPatrol is a solution that enables controlling remotely of your patrols and provides a list of useful functions to manage rounds.
For the purposes of these Terms we will name you as "you" and "your". Under the term “you” shall be considered an individual or a legal entity that is eligible and authorized duly to be bound and governed by these Terms.
1. Subject matter
The subject matter of these terms is the use of Service as described below. The Service shall be considered as a list of functions provided by us via Software..Our Software is a Mobile & Web system provided as a cloud-based solution which allows users to organize and monitor security work and other Service performing rounds in their companies and businesses via Web-ste https://targpatrol.com/ and App Store and Google Store.
We provide you with the Service via registration of your own personal account into the Software which allows you to control the operation cycle of equipment and systems monitoring, the quality and completeness of cleaning at facilities, to check your guard tour patrols and to ensure compliance with orders and use for other similar purposes.
Our Service is provided as a Software (computer system) solution only. Nothing in our Service shall constitute or be considered or construed as managing, supervision, controlling or similar Service provided by our Company,
The Company grants you a non-exclusive, non-transferable, non-assignable, and time-limited license to use the Service via Software for your or your organization internal purposes. It is hereby clarified that the Service and Software will remain the exclusive property of the Company. You confirm that you are aware that all rights in the license, including any updates, changes made to the Software and any information or other material provided to you by the Company are the sole property of the Company, and all proprietary rights in connection therewith, including copyrights, patents, trade secrets, trade names and all intellectual property rights of any kind, belong exclusively to the Company. You are aware that the Software is proprietary and a trade secret of the Company, which is protected under civil, criminal and copyright law, and is a valuable asset of the Company, and you are obligated to hold it in confidence for the benefit of the Company.
Hereunder Service and Software shall be referred to as Service.
2. Acceptable use of the Service
You agree to use the Service in accordance with the applicable law and regulations and in accordance with these Terms. You are solely responsible for your conduct while using the Service. You must not:
- copy, reproduce, distribute, duplicate, modify, sell, resell, license, publicly display or disclose the Service without our prior consent;
- use the Service, directly or indirectly, in any manner that could cause the Service so used to: (i) be a substitute for the Service by a third party, (ii) affect our ability to realize revenue, profit in connection with the Service, or (iii) compete with our business of Service operation;
- share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from the Service;
- store or use data or content in an archival file site, database or other searchable repository except as expressly permitted by this agreement or in an applicable order form;
- attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Service that you are not authorized to access;
- use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Service or to extract data;
- use or attempt to use another user’s account without authorization;
- introduce to the Service any virus, trojan worms, logic bombs, or other harmful material or otherwise hack the Service;
- develop any third-party applications that interact with the Service without our prior written consent;
We reserve the right to determine whether a use of the Service is in violation of these Terms or fails to be considered as an acceptable use.
3. Changes and modifications
We reserve the right, at our sole discretion, to modify or change these Terms at any time. If a revision is essential and material we will try to notify you prior to any new terms taking effect. What constitutes an essential and 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. If you do not agree to the new terms, please not commence or continue using the Service and delete your account or execute other actions aimed at your Service cancellation.
You represent and warrant that you:
- are of legal age to be bind by these terms under the legislation of your country;
- represents yourself or duly organized to authorized to represent your organization;
- previously have not been suspended or deleted from using our Service;
- will only use the Service for your personal use or use of your organization, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you;
- you are not a citizen, resident of any jurisdiction or your organization is not registered business or resident of any jurisdiction where use of the Service is prohibited by applicable laws or regulations or where Service could not be provided under the applicable legislation and restrictions issued by our country of registration or appropriate bank policies. If permits or licenses are required for you to use the Service, you shall first obtain those prior to such use. We are not responsible for your using the Service in a way that violates the law or regulations.
5. Third-party links
The Service may contain links to third-party web-sites, services, works that are not owned or controlled by us. Your use of all links to third-party web sites is at your own risk. We do not control over, and make nor representation regarding third-party websites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We advise you to read the terms and conditions and privacy policies of any third-party websites or services to ensure you understand and accept them.
6. Warranties and representations
- Our Service is provided as a Software (computer system) solution only. Nothing in our Service shall constitute or be considered or construed as managing, supervision, controlling or similar Service provided by our Company or offer to provide such services;
- You acknowledge that the Service is subject to flaws and acknowledge that you are solely responsible for evaluating any information and using any functions provided by the Service. This warning and others provided in these Terms in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing or accessing the Service. The Service may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Service. You agree to accept the risk of the Service failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack;
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE (OR OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FINANCIAL LOSS, LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, SERVICE, THE WEBSITE OR SOFTWARE, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, OR THE SERVICE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES OR SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU;
- To the maximum extent permitted under applicable law, the Service is provided on an “as is” and “as available” basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of fitness for a particular purpose, title, and non-infringement as to the Service, including the information, content, and materials contained therein. We expressly disclaims all warranties in connection to effectiveness and merchantability of the Service for you or your business and disclaims any and all risks, damages, costs and any financial or operational or other results in conjunction with the Service herein;
- In addition we shall not be liable with respect to Services provision, or any other Subject matter for any: error and interruption of use, loss or inaccuracy of data, purchase of substitute goods and services, loss of business; indirect, incidental, special, or consequential damages even if you have been advised of the possibility of such damages; server failure or data loss, corrupted wallet files, incorrectly constructed transactions; viruses, third-party attacks, or any other unauthorized third-party activities; force majeure events - any event beyond our reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, fire, war, insurrection, riot, labor dispute, accident, action of government, etc.;
- We may temporarily suspend the Service from time to time for maintenance and support, upgrade and repair and etc,. We do not warrant any particular level of Service availability. Sometimes we on sole discretion may decide f without having to notify you in advance of changes to the Service or Software, including the structure, design, scope and availability of Service, which content and information are displayed to the user, the duration of presentation and etc. You will have no claim against us in respect of the implementation of such changes;
7. Limitation of Liability and Waiver
7.1.We shall not be liable for any action taken or omitted by it pursuant to, or in connection with, these Terms except to the extent that a court of competent jurisdiction determines in a final and non-appealable judgment that Service’s gross negligence or willful misconduct was the direct cause of any loss to you, and subject to the limitations set forth below. Despite anything else stated in these Terms, we shall not be obliged to inquire into and shall not be liable for any damages, other liabilities, or harm to any person or entity relating;
- to titles, ownership, validity of your business;
- your and your representatives personal data collection and receipt of all applicable permissions and consents required for personal data collection process;
- your business development and enhancement, your business process success, improvement of labor and executive discipline based on our Service;
- losses, delays, failures, errors, interruptions, or loss of data occurring directly or indirectly by reason of circumstances beyond our control;
- damage or deficiencies in the Service resulting from accident, alteration, modification, misuse, tampering, negligence, improper maintenance, abuse. Company will not be liable nor obligated to perform maintenance or support activities with regard to errors or other problems with the Service resulting from (i) alterations or modifications made not by us (ii) third party software, hardware; (iii) your failure to install any maintenance releases provided to you; (iv) a combination of the Service with any program, equipment or device not supplied or specifically pre-approved in writing by Company’ authorized signatory; or (v) misuse or improper use of the Service;
- defects and/or malfunctions, errors of any kind, in the information and contents uploaded or displayed in the Service. Due to the complicated database and architecture of the Software and Service we are unable to commit Service to a certain level of service standard, continuity and level of service and other quality parameters. Sometimes Service may be disrupted or interrupted, be provided with interruptions or errors, you should take it into the account;
7.2. Except as otherwise required by law, in no event shall we be liable for any special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, arising out of or in any way connected with the use of or inability to use the Service, including without limitation any damages resulting from reliance by you on any information obtained from using the Service. In any case where full exemption from liability will not apply our liability shall be limited to direct damages only and to the amount of the aggregate liability for all claims for any cause whatsoever, which shall not exceed the total of all payments made by you to us for 2 months. For the avoidance of doubt, it is clarified that this is the sole remedy whereto you are entitled and shall constitute a final and absolute waiver of any and all suits and/or demands by you against us.
7.3. Possible appearance of third party advertisements and hyperlinks on our Website and in Service does not constitute an endorsement, guarantee, warranty, or recommendation by us. Do conduct your own due diligence before deciding to use any third party services based on the section 5 herein.
7.4. It is hereby clarified that the Company is not liable for any intellectual property rights in any third-party software, and you are aware that all liability in connection with the intellectual property rights of those softwares is of the third-party, and in accordance with such softwares license agreements with such parties.
8. Data processing
You agree to receive from time to time text messages to your mobile phone, e-mails and/or through the Services about our new features or functions into the product. If you are not agree with it please send us a request and we will discuss with you other options to receive new data about our Product.
10. Law and applicable court
11. Contact us
12. Changes to our Terms
We may occasionally update these Terms as necessary to protect our users, furnish refined current information, and respond to legal and technical changes. The most current version of the Terms that govern your Services use will be placed on our Web-site.