Our Terms of Service

Agreement

These Terms of Service (the "Terms") cover your use of the services The Toot App provides, including The Toot App's website (the "Site"), the The Toot App API, the The Toot App tunneling service, the The Toot App client software, and any other software or services offered by The Toot App in connection with any of the above services (the "The Toot App Services" or the "Services"). "The Toot App" means the owner and operator of the The Toot App Services which distributes the The Toot App software and services.

You must agree to the Terms in order to use the Services. Your use of the The Toot App Services means your acceptance of and agreement to the Terms. The Toot App will treat your use of any portion of the Services as acceptance of, and agreement to, the Terms from that point on.

The Toot App may make changes to the Terms from time to time. We will provide notice on the dashboard of the The Toot App service if the Terms change in any substantive way. We will provide at least seven (7) days' notice before the changes take effect, during which period of time you may reject the changes by terminating your account.

We may terminate or suspend access to the Services immediately, without prior notice or liability (other than refunding pre-paid fees to the extent we terminate based on no action or omission on your part), for any reason whatsoever, including, but not limited to, if you breach any of the Terms. All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnifications and limitations of liability.

Use of Services

You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services.

Registration and Your Account

Some The Toot App Services are available only if you register and create an account with The Toot App. If you create an The Toot App account, you must provide full and accurate information for such registration and account; you are responsible for maintaining the security of your account, your passwords and authtokens; and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify The Toot App of any unauthorized uses of your account or any other breaches of security. The Toot App will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The personal information you provide to The Toot App for the purpose of creating and maintaining your account is governed by the The Toot App Privacy Policy.

Responsibility and Conduct

You are solely responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted through your account while using The Toot App. You will not engage in any activity that interferes with or disrupts the Services or networks connected to The Toot App.

All Site materials, in other words, all the technologies, designs, software and other material on the Site and accessible through the Service that were provided by the owners of the Site and are NOT user generated content - collectively known as the "Site Materials" - are the proprietary property of The Toot App or its licensors and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Site and the The Toot App Site Materials solely in connection with the Services. Such license is subject to this Agreement and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials except in connection with your authorized use of the Site and the Services; (c) modifying or otherwise making any derivative uses of the Site and/or the Site Materials, or any portion thereof; (d) use of any data mining, robots, page scraping or similar data gathering or extraction methods; (e) reverse engineering or attempting to reverse-engineer any functionality provided on the Site or Site Materials or (f) any use of the Site or the Site Materials other than for its intended purpose

Trademarks

The Toot App, and any other product or service name or slogan contained in the Site are trademarks of The Toot App and its suppliers or licensors (unless otherwise indicated), and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Toot App or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of The Toot App and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Third Party Content

The Toot App may use data provided by third parties in the content on the Site and in the Services and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. The Toot App does not monitor or have any control over any Third Party Content or third party websites. The Toot App does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. To the extent you are allowed to post Third Party content on the Site, you agree to abide by all terms of service and/or end-user license agreements of said Third Parties, and you further warrant that you have the right to post the Third Party content on the site and you indemnify and will hold The Toot App harmless for any damages resulting from posting said Third Party content on the site.

Acceptable Use

You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that The Toot App will impose fees; and/or pursue civil remedies without providing advance notice.

The The Toot App Services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. The Services may not be used to facilitate infringement of these laws in any way.

The Toot App respects the intellectual property rights of others, and requests that users of the The Toot App website and Service do the same.

Fees and Payment

Some Services are provided on a fee basis. You agree to pay The Toot App the fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for such Service. You hereby authorize to charge your credit card on a monthly, annual, or other agreed upon basis, as set forth in the pricing and payment terms presented to you for such Service, in advance of providing the Services. The Services may be interrupted on accounts that reach 5 days past due. Fees paid by you are non-refundable, except as provided in these Terms or when required by law. Accounts that are not collectable by The Toot App may be turned over to an outside collection agency for collection. You may cancel your use of the Services at any time as noted on our dashboard.

Subject to the Terms, certain The Toot App Services are provided to you without charge, up to certain specified limits. Usage over these limits requires your purchase of additional resources or services.

You acknowledge that The Toot App may prospectively change the specified rates and charges from time to time.

The Toot App is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by The Toot App. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

AUTOMATICAL RENEWALS AND CANCELLATIONS

You authorize The Toot App to automatically renew any subscription that you purchase and charge your credit card on a monthly, annual, or other agreed upon basis, as set forth in the pricing and payment terms presented to you for such Service, unless you cancel the subscription.

Before the subscription is due to be automatically renewed, you may receive an email notification that the subscription is up for automatic renewal. This email notification may arrive between 7-15 days before the subscription is scheduled to be automatically renewed. If you use our website, you agree that this length of time is sufficient for the purpose.

How to update or cancel your subscription?

You can cancel your subscription completely online by using the following method. Click on the Account button on the top right of The Toot App app page (https://app.thetootapp.com) after you have logged in and then click on the dropdown link, "Manage your subscription". You will be taken to a page where you can look at the subscription plans you have purchased. In most cases, you would have only one plan that you have purchased, unless you have tried to purchase plans for different teams (Note: If you have purchased more than one plan by error, you can use this page to cancel the other plans you do not want and keep only one). Click on a subscription plan to review/update/cancel. You can then cancel the subscription by clicking the button to cancel subscription, or you can update details about the plan such as monthly or annual billing. You can also change your plan if you wish to.

Any changes made to your plan are pro-rated. In simple terms, it means that you will be charge based on the time you spent on the different plans and their corresponding rates. Open the page using the Chrome browser if you are having difficulty opening it in other browsers.

Another way to cancel the subscription is to send an email to support@thetootapp.com and ask us to cancel the subscription for you.

EXCLUSION OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT The Toot App's WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

The Toot App MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, The Toot App DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Toot App SHALL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

TO THE EXTENT THAT OUR LIABILITY MAY NOT BE SO LIMITED, YOU ACKNOWLEDGE THAT The Toot App'S LIABILITY UNDER ANY LEGAL THEORY MAY NOT IN ANY EVENT EXCEED AN AMOUNT EQUIVALENT TO THE CHARGES ACTUALLY PAID BY YOU FOR SERVICES DURING THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. IN NO EVENT SHALL The Toot App BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES.

THE LIMITATIONS ON The Toot App'S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT The Toot App HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

General Representation and Warranty

You represent and warrant that your use of the The Toot App website and Services will be in strict accordance with the The Toot App's Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).

INDEMNIFICATION

YOU AGREE TO DEFEND, HOLD HARMLESS AND INDEMNIFY The Toot App, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, ADVERTISERS, LICENSORS, SUPPLIERS OR PARTNERS FROM AND AGAINST ANY THIRD PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO (A) YOUR BREACH OF THE TERMS, (B) YOUR USE OF THE SERVICES, (C) YOUR VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS IN CONNECTION WITH THE SERVICES, OR (D) CONTENT MADE AVAILABLE OVER YOUR TUNNELS, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ANY CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE. IN SUCH A CASE, The Toot App WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.

Notice

You agree that The Toot App may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the The Toot App website.

Contact

If you have any claims or questions regarding copyright, please contact us at support@thetootapp.com.

Entire Agreement

The Terms (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and The Toot App and govern your use of the The Toot App Services, superseding any prior agreements between you and The Toot App for the use of the The Toot App Services.

Waiver and Severability of Terms

The failure of The Toot App to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the The Toot App Services or the Terms must be filed within one (1) year after such claim or cause of action arises or be forever barred.