Agreement to terms
These Terms of Service ("Terms") govern your access to and use of Tarkle's services and products, including Bripes, Sharebrand, Kontrable, Creew, and all related platforms and websites (collectively the "Services").
The Services are owned and operated by Tarkle, Inc. ("Tarkle," "we," "us," or "our"), a Wyoming corporation. For the purposes of these Terms, "Tarkle," "we," "us," and "our" refer to Tarkle, Inc. and the services it provides.
By using the Services, you agree to these Terms. If you do not agree, you must not use the Services. If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
Eligibility and account requirements
You must be at least 18 years old to use the Services. By using our Services, you represent and warrant that you meet this age requirement and that all information you provide is accurate and current.
To access certain features of the Services, you must register for an account by providing accurate, current, and complete information. Registration is subject to our approval, and we reserve the right to decline any application without providing a reason.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately if you become aware of any unauthorised access to your account. We reserve the right to disable your account at any time if we determine it necessary for security reasons, if you fail to comply with these Terms, or if any information you provided during registration is false or inaccurate.
Your content and data
You retain full ownership of all files, content, and data you upload to or share through the Services ("Your Content"). We do not claim any ownership rights to Your Content.
By using the Services, you grant us a limited licence to store, process, and transmit Your Content solely for the purpose of providing the Services to you. This includes making backups, generating previews, and sharing Your Content with recipients you designate.
You represent and warrant that you own or have the necessary rights to Your Content, that your content does not infringe on any third-party rights, and that your content complies with all applicable laws and these Terms.
You are solely responsible for backing up Your Content. While we implement robust backup systems, we recommend maintaining your own backups of important files.
Intellectual property
The Services, including all software, text, graphics, logos, and other content excluding Your Content, are owned by Tarkle, Inc. and protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable licence to access and use the Services for your internal business purposes. You may not copy, modify, distribute, sell, or lease any part of our Services without our express written permission.
Acceptable use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not use the Services to violate any applicable laws, engage in fraud, infringe on third-party rights, distribute malware, share unlawful content, send spam, interfere with the Services, circumvent usage limits, or allow multiple people to use the same account to avoid fees.
We reserve the right to investigate and take appropriate action against anyone who violates these Terms, including removing content, suspending or terminating accounts, and cooperating with law enforcement where necessary.
Pricing and payment
Some parts of the Services are offered as paid subscriptions. Pricing, plan details, and billing cycles are described on our website. Tarkle reserves the right to change service prices at any time.
By starting a paid subscription, you authorise us (and our third-party payment processors) to charge your payment method on a recurring basis until you cancel. All subscription payments are processed via credit card through our secure payment processor.
Price changes apply to new purchases and renewals. Existing users will be informed 30 calendar days before any changes affecting their service.
Subscription and cancellation
Our services include subscription-based plans with automatically recurring payments. The subscription begins on your initial billing date and continues for the subscription period you select.
Your subscription will automatically renew for successive periods of the same duration unless you cancel or we terminate it. You may cancel your subscription at any time through our self-service billing portal or by visiting our contact page. Cancellations take effect at the end of the current billing period. You must cancel at least 24 hours before your renewal date to avoid being charged for the next billing cycle.
Refund policy
All payments are non-refundable except as explicitly stated below. By making payment, you acknowledge that you have reviewed our service scope, understood these Terms, and made an informed purchasing decision.
We offer a 14-day money-back guarantee exclusively for new customers on their first subscription payment. If you are not satisfied within the first 14 days of your initial subscription, you may request a full refund by visiting our contact page.
The 14-day guarantee applies only to the first payment of a new customer's first subscription. All subsequent subscription renewals are non-refundable. Plan upgrades, downgrades, or changes are non-refundable.
Account deletion and data retention
You may terminate your account at any time through your account settings or by visiting our contact page. Upon termination, your right to use the Services will immediately cease.
Accounts are automatically deleted 6 months after service cancellation. This includes removal of all project files and data, deletion of account access credentials, and permanent loss of all stored materials with no recovery options available. You are solely responsible for backing up and securing all important files before service cancellation.
Third-party services
The Services may integrate with or rely on third-party services (for example, payment processors, analytics, or integrations). Tarkle is not responsible for third-party services, and your use of them may be subject to additional terms and privacy policies from those third parties.
Disclaimer of warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE SERVICES AT YOUR OWN RISK.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TARKLE, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.
Our total liability to you for any claims arising from these Terms or your use of the Services shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater. Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for fraud or fraudulent misrepresentation.
Indemnification
You agree to indemnify and hold harmless Tarkle, Inc. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses including attorneys' fees arising from your use of the Services, Your Content, your violation of these Terms, or your violation of any applicable laws or third-party rights.
Governing law and disputes
These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles.
Any disputes arising under or in connection with these Terms or the Services shall be resolved in the state or federal courts located in Sheridan County, Wyoming, or the United States District Court for the District of Wyoming. You consent to the personal jurisdiction of those courts.
The parties agree to bring claims against each other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Any cause of action or claim must be commenced within one year after the cause of action occurs.
Changes to these terms
We may update these Terms from time to time. When we do, we will update the "Last updated" date above. We may notify you of significant changes through platform notifications or updates posted on our website.
Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the changes.
Contact
For questions or clarifications regarding these Terms, please contact us.
Mailing address:
Tarkle, Inc.
1309 Coffeen Avenue, Suite 15023
Sheridan, WY 82801
United States