Tack One Pte Ltd Terms of Use

These Terms of Use were last modified on 18 September 2024.

1. Acceptance of Terms

By downloading, accessing, or using the OurSphere app, Tack products, or related services (collectively referred to as the "Service"), you agree to comply with and be bound by these Terms of Use. These Terms apply to all users of OurSphere and Tack products. If you do not agree with these Terms, please discontinue the use of our services immediately.

2. Changes to the Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting. Your continued use of the Service after changes have been posted constitutes your acceptance of the new Terms.

3. Eligibility

You must be at least 13 years old to use the OurSphere app and Tack products. By accessing or using the Service, you represent and warrant that you are either:

• (i) 18 years of age or older and capable of entering into legally binding agreements, or
• (ii) between the ages of 13 and 18 and using the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

If you are under the age of 13, you are not permitted to use the Service.

Parents or legal guardians who allow their children under the age of 18 to use the Service are responsible for supervising the child’s usage. By allowing a minor to use the Service, you agree to these Terms on behalf of the child and accept full responsibility for their use, including all legal liabilities and financial obligations that may arise.

4. User Conduct

By using our Service, you agree to follow these rules and not engage in any prohibited activities. You agree that you will not:

• Use the Service for any illegal, harmful, or unauthorised purposes;
• Misuse or abuse the Service to stalk, harass, intimidate, or harm any person;
• Attempt to gain unauthorised access to, interfere with, damage, or disrupt any part of the Service, including the servers, networks, or databases connected to the Service;
• Share, distribute, or otherwise exploit another person’s location or personal data without their explicit consent;
• Use the Service to transmit or distribute any viruses, malware, or any other harmful code;
• Falsify your identity, location, or any data to mislead others;
• Scrape, crawl, or use any automated methods to extract data from the Service without prior written permission from Tack One Pte Ltd;
• Use the Service to engage in any fraudulent, deceptive, or manipulative activities;
• Infringe or violate the rights of Tack One Pte Ltd, other users, or any third parties, including intellectual property rights, privacy rights, and other proprietary rights;
• Modify, reverse engineer, decompile, or disassemble any part of the Service;
• Interfere with or disrupt the integrity or performance of the Service or any third-party data contained therein;
• Use the Service in a manner that violates these Terms, any applicable laws, or the rights of others.

Any violation of these rules may result in the suspension or termination of your access to the Service, and in some cases, legal action.

5. Subscriptions & Billing

Our Service may require a subscription. By subscribing, you agree to the terms and conditions of the subscription plan you select.

• Subscription Plans: Tack GPS requires a subscription for access to certain features and functionalities. These subscriptions are available through our web-based interface, where you can purchase or upgrade your plan. If you wish to downgrade or cancel your subscription, kindly contact us at support@tackgps.app. Some users may be on an auto-renewal plan. OurSphere is currently free to use, but we are in the process of developing a premium membership and subscription plan. When introduced, the premium subscription will be subject to its own terms.
• Billing Cycle: Subscriptions are billed in advance on a recurring and periodic basis (e.g., monthly or annually), depending on the plan selected when purchasing a subscription. Your subscription will automatically renew at the end of each billing cycle unless canceled or terminated by either you or Tack GPS. You authorise Tack GPS to charge your payment method on file for the subscription fees and any applicable taxes.
• Automatic Renewal: Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew, and you authorise us to collect the applicable subscription fees for the next billing cycle. You may cancel your subscription at any time through your account settings on our web-based interface.
• Refunds: All subscription fees are non-refundable, except as required by applicable law. Refund requests will be reviewed on a case-by-case basis. If you believe you are entitled to a refund, please contact us at support.tackgps.app.
• Changes to Subscription Plans: Tack One Pte Ltd reserves the right to modify subscription plans or adjust pricing for the Service or any components thereof in any manner and at any time, at our sole discretion. Any price changes or modifications to your subscription plan will be communicated to you in advance and will become effective at the beginning of the next billing cycle following the date of the change. Your continued use of the Service after the price change takes effect constitutes your agreement to pay the modified subscription fee.
• Cancellation: You can cancel your subscription renewal at any time by contacting us at support@tackgps.app. If you cancel, your subscription will continue until the end of the current billing cycle, and you will not receive a refund for any fees already paid. Upon cancellation, you will lose access to any paid features of the Service at the end of the billing cycle.

By subscribing to our Service, you acknowledge and agree to these subscription and billing terms.

6. Return Policy

At Tack One Pte Ltd, we strive to ensure that you are satisfied with our products and services. Please review the following terms regarding returns:

• Physical Products: If you purchased a Tack GPS device or any other physical product directly from us, you may request a return within 14 days of the original purchase date. The product must be in its original condition, including all packaging, accessories, and manuals. To initiate a return, please contact our support team at support@tackgps.app for further instructions. Returns will only be accepted for products purchased directly from Tack One Pte Ltd, and you are responsible for any shipping costs associated with the return.
• Non-Returnable Items: Certain items may not be eligible for return, including software or services, any products purchased through third-party retailers, or products that are damaged or not in their original condition.
• Refunds for Subscriptions: Subscription fees for the OurSphere app and Tack GPS services are generally non-refundable. However, in certain cases, we may provide refunds on a case-by-case basis. If you believe you are eligible for a refund due to an error or other exceptional circumstances, please contact us at support@tackgps.app. We reserve the right to review each request and decide whether a refund is applicable.
• Refund Processing: Approved refunds will be credited back to the original payment method used for the purchase. Please allow up to 14 business days for the refund to be processed. If you do not see the refund within this period, please contact our support team for further assistance.
• Exceptions: Tack One Pte Ltd reserves the right to refuse any return or refund request that does not comply with these terms. If the product or service has been misused, altered, or damaged by the customer, Tack One Pte Ltd may deny the return.

7. Our Proprietary Rights

All content, features, and functionality provided through the OurSphere app, Tack products, and related services, including but not limited to text, graphics, logos, icons, images, software, and the compilation and arrangement thereof, are the exclusive property of Tack One Pte Ltd and are protected by intellectual property laws, including but not limited to copyright, trademark, patent, and trade secret laws.

You acknowledge and agree that Tack One Pte Ltd, along with its licensors, owns and retains all rights, title, and interest in and to the OurSphere app, Tack products, and any associated software, technology, or content. The names, logos, and trademarks associated with Tack One Pte Ltd, including but not limited to "Tack GPS" and "OurSphere," whether registered or unregistered, are proprietary to Tack One Pte Ltd. You are not granted any right or license to use any of these trademarks without prior written permission. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, or services obtained from or through the OurSphere app or Tack products, except as expressly authorised by Tack One Pte Ltd. You may not reverse-engineer, decompile, or disassemble any part of the OurSphere app or Tack products or attempt to derive the source code or any underlying ideas or algorithms of any portion of the Service.

Any unauthorised use of the OurSphere app, Tack products, or any content therein may violate intellectual property laws and result in the termination of your access to the Service.

8. Third-Party Services

Our Service uses third-party services such as Google Cloud Services and Amazon Web Services for hosting and data management. By using the Service, you agree to be bound by the terms and conditions of these third-party services. We are not liable for the actions or omissions of any third-party service providers.

9. No Warranty

To the fullest extent permitted by law, the OurSphere app, Tack products, and all related services are provided on an "as-is" and "as available" basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Tack One Pte Ltd makes no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Tack One Pte Ltd: makes no warranty regarding the accuracy, timeliness, reliability, or completeness of any data or information provided by the Service, including but not limited to location tracking, notifications, or any other features; disclaims any responsibility for errors, omissions, interruptions, delays, defects, viruses, or other harmful elements that may occur or be transmitted in connection with your use of the Service; does not warrant that the Service will be free from bugs, security breaches, or any other technical problems, and assumes no liability for any damage to your device, system, or data as a result of your use of the Service; makes no guarantee that the Service will be compatible with all devices or that it will function without disruptions, delays, or imperfections under any circumstances.

Your use of the OurSphere app and Tack products is at your sole risk. Tack One Pte Ltd shall not be responsible for any direct or indirect consequences resulting from your use of or inability to use the Service.

10. Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall Tack One Pte Ltd, our affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages or for loss of profits, goodwill, use, data, or other intangible losses that result from the use of, or inability to use, the OurSphere app, Tack products, or related services.

Under no circumstances will Tack One Pte Ltd be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorised access to or use of the OurSphere app, Tack products, or your account, or the information contained therein. Tack One Pte Ltd makes no guarantees regarding the accuracy, completeness, or timeliness of data provided through Tack products or OurSphere. Various factors, including network issues, device settings, or environmental conditions, may affect the precision of the location information. Users should not rely solely on the Service for critical purposes such as emergency location tracking.

To the maximum extent permitted by applicable law, Tack One Pte Ltd assumes no liability or responsibility for any:(i) errors, omissions, mistakes, or inaccuracies from the OurSphere app, Tack products, or the results obtained from their use (e.g., data, location information, or other functionalities);(ii) personal injury, death, or property damage resulting from your access to or use of the OurSphere app or Tack products (except where caused by our gross negligence);(iii) unauthorised access to or use of our servers and/or any personal information stored therein;(iv) interruption or cessation of transmission to or from the OurSphere app or Tack products;(v) bugs, viruses, trojan horses, or other malware transmitted through the OurSphere app or Tack products by any third party;(vi) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the OurSphere app or Tack GPS products;(vii) user-generated content or the defamatory, offensive, or illegal conduct of any third party;(viii) action or inaction of third parties.

In no event shall Tack One Pte Ltd, our affiliates, agents, directors, employees, suppliers, or licensors be liable to you or any user for any claims, liabilities, damages, or losses exceeding the amount you paid to Tack One Pte Ltd in the six months prior to the event giving rise to the liability.

11. General

• Governing Law: These Terms of Use, and any disputes arising from or relating to the use of the OurSphere app, Tack products, or related services, shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law principles. Any legal actions or proceedings relating to your access to, or use of, the Service must be brought exclusively in the courts of Singapore.
• Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
• Waiver: No waiver of any term or condition in these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure to assert a right or provision under these Terms does not constitute a waiver of such right or provision.
• Entire Agreement: These Terms, together with any policies referenced herein, including but not limited to the Privacy Policy, constitute the entire agreement between you and Tack One Pte Ltd concerning the use of the OurSphere app, Tack products, and related services. Any prior agreements, communications, or proposals, whether oral or written, are hereby superseded by these Terms.
• Assignment: You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of Tack One Pte Ltd. Tack One Pte Ltd may assign or transfer its rights and obligations under these Terms without restriction.
• Third-Party Services: The OurSphere app and Tack products may rely on third-party services, such as Google Cloud Services and Amazon Web Services, for data storage and transmission. Tack One Pte Ltd is not responsible for any disruptions, inaccuracies, or failures caused by third-party service providers.
• Force Majeure: Tack One Pte Ltd shall not be liable for any failure to perform or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, government restrictions, strikes, or technical failures.

12. Contact Information

Please contact us at support@tackgps.app with any questions regarding this Agreement.