TERMS OF SERVICE

Dear Customers and Subscribers,

Welcome to Tablda! This Terms of Service, Privacy Policy and Legal Disclaimer are legally binding documents and togetehr govern your access to and use of the TablDa services and the TablDa website, including any browser extensions, mobile applications and other downloadable apps we provide (collectively, TablDa), so please read and review it carefully.

Tablda is a unique, subscription-based service and website offering a cloud-based space for creating, managing, collecting and sharing tabulated data and a platform sup-porting table-centered work collaboration. This Terms of Service and of Use govern our business relationship as well as how Subscribers and Customers use and access our website and services.

Subscribers (i.e. "Subscriber", "You", or "Your") and Customers (i.e. "Customers", "User", "You" or "Your") who do not agree with these terms or are under the age of 18 are restricted from using our website. Changes to our Terms or Policies will be uploaded to our website along with their effective date. Any users' continued use of our website is their agreement to these changes.

I. USER ACCESS

Subscribers and users can use and access the Tablda website any time. Access and usage must be for any legal or legitimate purpose only. Subscribers and Customers who access our website acknowledge and agree to be subject to our rules; regulations; agreements; and guidelines.

Our Terms of Service and Use, as well as Policies and guidelines apply to ALL users of our services, software, and app, including but not limited to: individuals; employees; and agents; who may access and use our software on behalf of their employer or company.

II. ACCOUNTS

  1. FREE accounts. Anyone over the age of eighteen (18) can register and cre-ate a account with FREE Basic subscription plan via our website providing: (1) it is legally permitted within their home country and jurisdiction; and (2) it is not for an improper or illegal purpose. FREE Basic subscription plan has only basic features and functionalities. A FREE Basic subscription plan must pay prescribed subscription fees to become Advanced or Enterprise subscription plan for obtaining more features and functionality.
  2. Information Collection. When a user creates an account, he or she will be asked to provide: login information (username); password; name; email address; neces-sary financial information will be required for upgrading to Advanced or Enterprise sub-scription plan. This information is collected and used by Tablda, LLC for legitimate busi-ness purposes such as: answering support tickets; preventing unauthorized access; provid-ing functionality and services to our Customers and Users.
  3. Security. Subscribers and users warrant and agree to keep their registration and login information secure and private at all times in order to prevent unauthorized ac-cess. If a Subscriber or user loses or forgets their username or password, they can use the links provided on the website to retrieve their credentials and/or create an account; email our Technical Support Department at: support@tablda.com for assistance.
  4. Usage. Only one account is permitted per Subscriber or User. One user is not allowed to access the services using other’s account.
  5. Cancellation. A Subscriber or account holder can cancel subscriptions or terminate their accounts at any time by logging in, cancelling their subscriptions and delet-ing their accounts. Upgrading subscription from free plan to paid plan becomes effective immediately upon payment confirmation. Downgrading subscription from paid plan to free plan would not become effective until next billing cycle. For downgrading subscription, a user or Subscriber must confirm their subscription downgrading prior to the start of next billing cycle to avoid incurring any additional charges or fees for services.

III. PAYMENT

  1. Packages. Tablda offers three different subscription plans: (1) BASIC (FREE); (2) ADVACNED; and (3) ENTERPRISE. The difference in the plans depends upon the services and desired features and functionality. Please see the subscription page after login for more information. Tablda is a subscription-based service which can be renewed monthly or annually.
  2. Payment. Tablda uses private, third-party, payment processors such as Pay Pal and Stripe to manage and process all periodical subscription payments. Payments for paid subscriptions are processed on the time confirming the subscriptions.

    Provided financial account associated with subscription is charged monthly or annual-ly and automatically renewed if auto-renew option is checked. By subscribing to a paid subscription plan, you are authorizing Tablda to charge your account; debit; or credit card; for the monthly or yearly subscription. The subscription will renew month-to-month for the plan chosen until the subscription is changed, either downgraded or by the User or Customer. ALL Users understand and agree that they are liable for all outstanding charges or fees on account when they cancel their subscription.

  3. Cancellation. Customers and Subscribers who desire to cancel their sub-scription must do so prior to the first day of the (following) billing cycle in order to avoid additional charges.
  4. Payment Information. Tablda, LLC never collects or uses a Subscriber's financial information. In the event of a dispute, Subscribers should contact the insti-tution of their financial account provided for making payment.
  5. Processing Fees/VAT. The User or Subscribers acknowledges and agrees that they are responsible for any and all processing fees; charges; or additional taxes (in-cluding but not limited to VAT) that are applicable to their monthly or yearly subscription renewal.
IV. INTELLECTUAL PROPERTY

Subscribers and Customers retain all rights in their intellectual property, including but not limited to files; pictures; illustrations; documents; and any oth-er file or material uploaded or downloaded through our website. ALL users of our website; software; and platform; warrant that all content and materials shared, uploaded, or down-loaded, does not violate any copyright laws or third-party copyrights. Users also warrant that the material and files uploaded and downloaded does not contain any prohibited; ille-gal; or offensive content.

V. REFUNDS

Tablda does not have a refund policy at this time. Subscribers who want to terminate or cancel their subscription must do so through their profile via the account menu prior to the first day of the next billing cycle in order to avoid any additional charges.

VI. RESTRICTIONS

  1. Purchases. Subscribers and users must not make any unauthor-ized purchases without a cardholder's consent. We reserve the right to limit, restrict, or terminate a Customer's account for unethical, objectionable, or prohibited behavior.
  2. Interference and Harassment. Customers and Subscribers must not access our website in any way that impedes or interferes with its function or for any unlawful activity. Harassment; bullying; bigotry; profanity; stalking; discrimination; and spamming; is strictly prohibited.
  3. Data-Mining. Data-mining; hacking; malware; viruses; spamming; or the use of robots or other programming to access or manipulate our website; code; or to cause interference with our website; server; or Customers; is strictly prohibited. Tablda is committed to protecting our information; technology; intellectual property; and that of our Customers. We warrant to take legal action against individual or entity that that trespasses upon or breaches our website, intellectual property, or that of our Customers.

VII. CONTENT

Tablda offers a unique platform, database, and functionality to our Customers and Subscribers. Any and all information or content (i.e. "Content") including but not limited to: code; programming; pictures; illustrations; video; recordings; text; graphics; and communications; is our intellectual property (i.e. "intellectual property") wholly owned by Tablda, our owners and directors.

Tablda, LLC's Intellectual Property is protected by state, federal, and international Copyright, Trademark, and Intellectual Property Laws. User's and visitors agree not to in-fringe upon or interfere with these rights.

VIII. SUBMISSIONS

Subscribers and users can: upload; download; and share files and data (i.e. Submission) through Tablda. In order to comply with State, Federal, and Internation-al Intellectual Property Laws, the Subscriber or user warrants that files, data and submissions:

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  • Are the original to the user or Subscriber;
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  • Do not infringe upon third-party copyrights;
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  • Are not involved in pending or threatening litigation;
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  • Do not contain content Tablda, LLC deems offensive; pornographic; or otherwise il-legal or prohibited;
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  • Do not contain: viruses; malware; spyware; data mining code, or bots;
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  • Do not contain any software, code, or files that might be harmful to our website, plat-form, or servers.

IX. LICENSE

  1. MY PLATFORM License. Tablda grants all users and Subscribers a limited, royalty-free license to: use; display; or otherwise access our website and its' content. Users and Customers may not use or access our website for any illegal or improper purpose or intent.

    Customers and Subscribers warrant not to infringe upon Tablda, LLC's intellectual property rights and copyrights.

  2. Subscriber License. Subscribers and users also grant Tablda and Tablda, LLC, an unlimited; royalty-free; world-wide license, to: use; display; show; share; any tes-timonial; picture; or image; in order to promote and advertise Tablda's website and ser-vices. Tablda promises never to infringe upon or share any private or confidential infor-mation at any time without the Customer's or users written consent.

X. CONFIDENTIALITY

It is the duty of the Subscribers, Users, and Customers that are uploading, download-ing, and sharing data and files to keep all material confidential and private, including but not limited to proprietary data and trade secrets. At no time does Tablda sell; share; mine; or collect; any private or confidential information.

We make all efforts to protect our database or platform, but no website or software is bullet proof, therefore ALL Users, Customers, and Subscribers warrant to hold Tablda harmless, from any breach; hack; or disclosure of private or confidential information; which is due to a force majeure or unforeseen event.

XI. MODIFICATIONS AND RISK

  1. Website Changes. Tablda, LLC reserves the right to: change; modify; or remove content contained within our website and platform for any reason at our sole dis-cretion with or without notice. We do not guarantee our website or platform will be avail-able at all times.

    The Customer and Subscriber understand and acknowledge that inter-ruptions; delays; errors; and maintenance; may occur from time-to-time.

    Customers and Subscribers acknowledge and agree that Tablda, LLC has no liability whatsoever for any loss, damage, or inconvenience caused by the ina-bility to access or use our website or platform during any downtime or discontinuance of services. Nothing in these Terms will be construed to obligate us to maintain and support the website or to supply any corrections, updates, or releases in connection therewith.

  2. Limited Liability and Risk. Subscribers and Users acknowledge and agree that when they access or use the Tablda or its' content, they are doing so at their own risk. Our website is provided "as is" without any warranty or guaran-tee. Subscribers and Users agree to accept personal liability and respon-sibility for any damage or loss experienced when they use or access our website.

XII. DMCA POLICY

If you believe a Subscriber or user has committed a copyright violation, please immediately notify Customer Support or our Copyright Agent at: legal@tablda.com.

  1. Claims. All claims must be in writing and sent to Tablda, LLC via email or the U.S. Postal Service. The written claim notice must contain the claimants': name; ad-dress; email address; contact information; and proof of (intellectual property) ownership. The claim notice must also:
    • Identify the property or content that has allegedly been infringed;
    • Identify the location of the property or content believed to have been allegedly in-fringed;
    • State the name or identity as well as contact information of the person or persons(s) the claimant believes committed the alleged infringement;
    • Provide a signed statement under penalty of perjury, stating the claimant did not give permission to the alleged violator to use the copyrighted material;
    • If the claimant is not the owner of the original content, then he/she will also need to supply Tablda, LLC with a signed statement stating they are authorized to represent the original owner of the content or property, and provide the original owner's contact infor-mation.
  2. Investigation. Tablda, LLC will conduct an investigation when our Copyright Agent receives the claim notice. We will immediately: (i) Freeze the alleged violator's account; (ii) Conduct an investigation; (iii) Verify the claim; (iv) Notify the violator of the claim; and (v) Send the claimant a prompt response about our investigation.
  3. Warnings and False Claims. First-time offenders will receive a written warning and their content will be deleted. Upon receiving a second complaint, the offender's account will be terminated. If our Copyright Agent discovers the Claimant filed a false claim, we will imme-diately release any disputed material back to the original owner and unfreeze their account.

    The Claimant also agrees to be personally and financially responsible for all costs or fees incurred as a result of filing a false claim; as well as the cost of the investigation, including but not limited to attorney's fees, legal fees, and expenses.

XIII. CUSTOMER SERVICE

Subscribers and users can contact Tablda Customer Service Department for assis-tance or technical support by emailing: support@tablda.com. Note: Local times will be ap-plicable for business hours, which are Eastern Time, U.S.A., Monday through Friday. All Customer Service requests will receive prompt responses based upon local time.

XIV. BILLING ERRORS

If Customers or Subscribers discover a billing error on their ac-count, they should contact the payment processor, (i.e. Pay Pal) or their financial institu-tion.

XV. WARRANTY

Tablda offers no warranty or guarantee regarding our website; platform; service; or its' content. Users and visitors warrant and agree that they are using or accessing our website and services at their own risk.

XVI. LIMITED LIABILITY

  1. Personal Liability. Subscribers and users understand and agree that they assume all personal responsibility and risk when using; transmitting; uploading; downloading; or accessing our software and website. Tablda’s owners; employees; or agents will not be liable for any: incidental; indirect; direct; punitive; exemplary; or conse-quential damages.
  2. Backup copies. It is recommended that all Customers and Subscribers make more than one backup copy of all data, files; pictures; illustra-tions; communications; or other content that is uploaded; downloaded; or otherwise shared via the Tablda.

XVII. INDEMNIFICATION

Customers and Subscribers agree to indemnify and hold harmless Tablda our owners; directors; employees; and agents; from all third-party claims or losses; costs; actions; damages; expenses; or liabilities; that might arise from using or accessing our website; platform; content; or services. This section also applies to any unforeseen third-party claims.

XVIII. NOTICES

Notices that are required in this Agreement must be in writing, and sent as follows:

To: Tablda

Notices can be sent via email to: legal@tablda.com.

To: Subscriber

To the Subscriber or Customer's last known email address and/or mailing address.

XIX. FORCE MAJEURE

Force Majeure means any event beyond our control. Neither Tablda, Customer, or Subscriber shall be responsible for failure to perform in the event of: (i) an Act of God (such a flood; fire; or natural disaster); (ii) vandalism or ac-cident; (iii) strike; labor unrest; (iv) act of civil or military authority; (v) any other event over which we have no control.

When Tablda, LLC becomes aware of a force majeure event, we will immediately post it on our website. Changes to or resumption of service will be posted on our website as soon as possible.

XX. DISPUTES

  1. Mediation. In the event of a disagreement regarding our Terms of Use or Terms of Service; Agreements; Policies; or their interpretation, it is agreed that Tablda and the Customer or Subscriber will attempt to resolve the dispute in a pro-fessional manner.
  2. If the parties are unable to resolve the dispute personally, then they both agree to use the services of a Private Mediator in Raleigh, North Carolina. The parties agree to share the cost and choice of a Mediator.
  3. Notice of Intent. The disputing party shall send the non-disputing party a thirty (30) day written "Notice of Intent" prior to filing a Mediation claim. Service shall be completed as described within this Agreement.
  4. Procedure. The Mediation Hearing shall be conducted via Mediation and Arbitration Rules as adopted by the American Bar Association.
  5. Award. The prevailing party shall be entitled to reimbursement of any costs and fees, including but not limited to attorney’s fees. This Mediation provision shall survive cancellation or termination of this Agreement.

XXI. ELECTRONIC COMMUNICATIONS

Tablda, their staff and employees may communicate electronically with Customers and Subscribers to: provide services; answer questions; or offer special sales or promotions. Customers and Subscribers agree to accept electronic communications, emails, and transmissions from Tablda, LLC as well as business partners; and can opt-out or unsubscribe from emails by clicking the "unsub-scribe" link in any communications and follow the instructions provided.

XXII. TERM AND TERMINATION

This Agreement shall remain in full force and effect during the Customer or Subscriber's usage of our website. Without limiting any other terms or conditions contained herein, Tablda, LLC reserves the right at our sole discretion to deny access to and use of Tablda to any person or entity with or without notice for any reason or no reason, without lim-itation, for breach of any representation, warranty or covenant contained in out Terms of Use or Service; Privacy Policy; Agreements; policies; or guidelines; as well as any applicable law or regulation.

We reserve the right to terminate anyone's use or participation on Tablda or delete an ac-count or any content; information; or file that is submitted at any time with or without warning.

If Tablda, LLC terminates or suspends a Customer or Subscriber's ac-count for any reason, you understand and agree that you are prohibited from registering and/or creating a new account either in your name or the name of any third party, even if the individual is acting on behalf of the third party. In addition to terminating or suspending an account, Tablda, LLC reserves the right to take appropriate legal action, including without limitation pur-suing civil, criminal, and injunctive relief.

XXIII. SEVERABILITY

If any provision contained in this agreement is considered unenforceable or invalid under any law, rule or statute; or made unenforceable by a Court of Law; the invalid or un-enforceable clause shall not render any whole or part of this Agreement invalid. Any unen-forceable or invalid provision shall be considered altered and interpreted so it does not affect the rest of this agreement.

XXIV. GOVERNING LAW

This Agreement shall be governed by the laws of the State of North Carolina, U.S.A., ex-cluding conflicts of law, choice of law, or C.I.S.G. provisions.

If there is any dispute regarding the terms of this Agreement, Dispute and Mediation provisions shall apply. This section shall survive termination or cancellation of the Agree-ment.

XXV. AUTHORIZATION

The Customer or Subscriber warrants and promises they are of le-gal age (over 18), have legal authority to enter into this Agreement, and waive any defens-es regarding the application and use of an electronic signature.

XXVI. CONTACT

Customers and Subscribers can contact Tablda to request more in-formation by email at: legal@tablda.com

Sincerely,

Tablda Team

Contact: legal@tablda.com

Effective Date: 01/01/2019