Terms and Conditions

Important legal stuff

These terms and conditions cover the use of the website, tools and services (the “Services”) of TribeAML, a company registered in the state of Delaware in the United States of America, having its registered office at TribeAML Inc. 57 West 57th Street, 3rd and 4th Floor, New York, NY. 10019 (hereinafter “TribeAML”). Using the Services means that you agree to be governed by these terms and conditions, as may be modified by TribeAML, so please read them carefully.

1. Who uses our Services - Users

TribeAML provides its Services to individuals and corporate entities.

Individuals:

  1. If you are an individual, your account will only be accessible through a specific computer which shall be tracked through the Internet Protocol Address (I.P. Address). Normally, this will be the computer which was used to register your TribeAML account. However, you can specify a different I.P. Address when registering which is then the authorised computer with which you’ll access the Services.
  2. You cannot share your account details, including your username and password, with any other person and or entity. The services provided by TribeAML are personal to you.  And you cannot assign or transfer your account to any other person and or entity.
  3. You have the responsibly to immediately inform TribeAML in the event your username and or password has been compromised.   In which case TribeAML will immediately suspend your account and issue you with a new username and password.
  4. TribeAML has the authority to cancel your account and access to the Services if it reasonably believes that the details of your account, including the username and or password, have been shared with any other person and or entity. Such cancellation will not incur any liability on the part of TribeAML.

Corporate Entities:  

  1. If you’re a corporate entity, upon registering you’ll be asked to specify how many users will be accessing the Services. The Services will be accessible only by that particular number of users which had been specified. Also when registering, you’ll need to specify the domain name which you’ll to access the Services (i.e. @sample.com). Only the login credentials having the correct domain name is able to access the services.
  2. Neither you nor the users you have authorised to access the Services can share the account details, including any usernames and or passwords, to any other person and or entity.
  3. You cannot assign or transfer your account to any other person and or entity.
  4. It’s your responsibility to immediately inform TribeAML in the event any of the usernames and or passwords has been compromised.  In which case TribeAML will immediately suspend the account and issue you with a new usernames and passwords.
  5. TribeAML has the authority to cancel your account and access to the Services if it reasonably believes that the details of the account, including any usernames and or passwords, have been shared with any other person and or entity. Such cancellation will not incur any liability on the part of TribeAML.

2. Services

Online Services:

  • TribeAML provides a number of services and has custom made tools for those services.
  • Upon registering, you will be asked to subscribe to the services you require. This will not entitle you to any of the services that you have not subscribed to.
  • You will not attempt to use any services that you have not subscribed to by means of scripts, hacks and or any other means whatsoeover.
  1. Most TribeAML Services are made available online. This means that, if subscribed to, you’ll have access to selected portions of the TribeAML website, tools and services online.
  2. You cannot copy the services which are copyrighted with the ownership of the copyright belonging to TribeAML.

Associates:

  1. Some TribeAML Services will be provided by TribeAML associates and are clearly marked as such.
  2. If you subscribe to such service, TribeAML will issue a separate letter of confirmation and specific terms and conditions for their service.

3. Third party applications

  1. You cannot use third party applications, software, scripts to modify TribeAML’s website, tools, and or services.
  2. Accessing the Services and or loading the website and or tools with any other program except a web-browser is prohibited.
  3. It’s also prohibited to use any script that may change or simulate the TribeAML interface.
  4. It’s prohibited to use any third party application to exploit a bug and or weakness in the TribeAML website and or tools. You are responsible to immediately report any bug and or weakness to TribeAML.
  5. Any attempt to access the TribeAML website, tools, coded data and or servers without authorisation is strictly prohibited. It is also prohibited to reverse engineer any of TribeAML tools and or services.

4. Availability of Services

  1. While TribeAML endeavours to keep the Services up and running 24 hours a day 7 days a week, there may be outages and disruptions making the Services unavailable for short periods of time.
  2. Upon such an occurrence, TribeAML will immediately begin to fix any issues. In such an event you can request TribeAML to issue you with a workaround which TribeAML shall provide to you at no extra cost until the duration of the outage and disruption.
  3. An outage and or disruption lasting less than 72 hours is not grounds for you to cancel your subscription.

5. Payment:

Service Charges:

  1. When subscribing for a Service, TribeAML will clearly identify the charges associated with such Service.
  2. TribeAML charges will be clearly stipulated; any and all applicable taxes are inclusive and or exclusive of such charges.
  3. You agree to pay all charges including any applicable taxes in advance.
  4. In the event TribeAML doesn’t receive full payment the subscribed for Service won’t commence or will be suspended until full payment is received.
  5. Please note that all TribeAML Services shall be charged in United States Dollars (USD) and that you will be responsible for any conversion charges, bank charges and or additional fees, if any.
  6. TribeAML will clearly identify and stipulate if there are any recurring charges for the service you have subscribed to and the time of such recurring charges (i.e. every month or annual).
  7. In the event TribeAML changes the price for a subscription which has a recurring charge, we will promptly inform you of such change. You will then have the opportunity to cancel your subscription or renew it on the changed price.

Warranty and Authorizations:

You warrant and represent that:

  1. You are authorised to use the payment method provided
  2. The billing information is true and accurate
  3. You have sufficient funds

 
You authorize TribeAML to:

  1. Invoice you for such services or take payment using the payment method and billing information provided
  2. Invoice you or take recurring payments using the payment method and billing information provided, if applicable
  3. Suspend the Service and subscription in the event of non-payment for any reason whatsoever, including without limitation lack of funds and or incorrect billing information.

6. Refunds and Cancellation:

  1. TribeAML has a 14 day cancellation and refund policy, with or without cause, for all of its subscriptions, not including services provided by its consultants or associates which are covered by separate terms and conditions.
  2. If you want to cancel any subscription within 14 days of its purchase, please email TribeAML at support@TribeAML.com and we’ll cancel your subscription and give you a full refund.
  3. Please note that refunds may take up to 30 days to process.
  4. Refunds and cancellation of non-recurring payment subscriptions won’t be possible after the initial 14 days.
  5. Requests for refunds and cancellation of recurring payment subscriptions after the initial 14 days can be made at hello@TribeAML.com. Please note that the refund will be prorated.

7. Limitation of liability:

  1. TribeAML's aggregate liability for any and all claims, whether arising directly or indirectly, based on any legal theory whatsoever, including, without limitation, claims sounding in contract, tort, or otherwise, shall not exceed the total value of the money already paid by you for the Services.
  2. TribeAML won’t be liable under any circumstances or legal theory for incidental, special, consequential, punitive, or exemplary damages, attorneys' fees, lost profits, lost revenues, damage to reputation or goodwill, lost opportunities, interruption to business cost of capital, overhead costs, cost of substitute equipment, facilities or services, or downtime costs.
  3. TribeAML won’t be responsible or liable and is excused from the performance of any of its obligations and the provision of the Services if the performance is prevented or delayed by any cause beyond TribeAML’s reasonable control which, without in any way limiting the generality of the foregoing, shall include acts of God, riots, declared wars, acts of terrorism, major labour disturbances, civil insurrection, embargo or requisition.
  4. TribeAML endeavours to minimise the effect of such events to the Services.

8. Privacy and Data Protection:

  1. TribeAML has strict measures in place to ensure that any data collected is private and confidential. TribeAML will keep and maintain your personal information as strictly confidential with such degree of care as possible to avoid any unauthorised access, use or disclosure.
  2. TribeAML warrants that it will use your personal information solely for the purposes for which it was given.  And shall not use, sell, rent, transfer, distribute, or otherwise disclose to any other person and or entity without your consent.
  3. In the event we have to share your data to process any service you have subscribed to we will ask for your consent.
  4. TribeAML warrants that its collection, access, use, storage, disposal and disclosure of personal information complies with all applicable privacy and data protection laws in the markets that we operate.
  5. You can, at any time, contact TribeAML at hello@TribeAML.com and request to see your data that we hold.
  6. In the event you cancel your subscription with TribeAML, we shall promptly delete any personal data that relates to you.
  7. TribeAML’s website and tools require the use of cookies on your computer. This helps us identify your computer and location, enable you to sign into your account and avail our services. This will also enable us to provide you with targeted advertising based on your preferences and industry.
  8. While you are able to control your cookies on your computer through the web browser, you may be unable to sign in or use our services if you disable and or delete them.

9. Intellectual Property:

  1. Nothing in these terms and conditions shall be interpreted as constituting a transfer, assignment, sale or otherwise deal with the ownership rights of TribeAML’s software and or website.
  2. The intellectual property in the TribeAML’s software and or website, whether registered or not, the brand name and logo of TribeAML, whether registered or not, any other logos used by TribeAML, whether registered or not, work method, know-how, processes and layouts which solely belong to TribeAML, unless identified differently.

 10. Governing Law and Dispute Resolution

  1. These terms and conditions are governed by the laws of the United States of America and the courts of New York State shall have jurisdiction to hear any matter related to these terms and conditions.
  2. You hereby agree to firstly attempt to settle any claim or controversy arising out of or relating to the Services or these terms and conditions with TribeAML amicably through consultation and negotiations in good faith and spirit of mutual cooperation.
  3. Any dispute arising or relating to this Agreement will first be submitted by the disputing party in writing to the other party. Any agreed decisions of parties shall be reduced in writing and be executed so as to be final and binding.
  4. In the event the parties are unable to resolve any dispute within thirty (30) days after written notice, either party may then refer such dispute for mediation.
  5. If the parties are unable to resolve any dispute within thirty (30) days after submission to them, the dispute will be referred to non-binding mediation before a third-party neutral.
  6. The parties will select a mediator within forty-five (45) days after there has been a written demand for mediation.
  7. Neither party will unreasonably withhold acceptance of the mediator. In the event the parties are unable to agree on a mediator, then the parties will ask the Centre for Effective Dispute Resolution (CEDR) to appoint a mediator.
  8. The mediation will be conducted under the CEDR Mediation Rules.
  9. The cost of mediation will be shared equally between the TribeAML and you with each party bearing its own attorneys' fees.
  10. The mediation will be conducted in English and will be held in New York, NY.
  11. In the event: i) either of the parties submits to the other and the mediator in writing that mediation is no longer viable; ii) the mediator submits to both parties that mediation is no longer viable; or iii) upon the expiry of 45 days from commencement of mediation, then either party may submit the dispute to the Courts in New York State, in the United States of America for final adjudication.
  12. While any dispute resolution procedures are ongoing neither party shall be allowed to suspend or terminate the services and or its obligations.

11. Notices

  1. Notices shall be sent to you on the email account information that you provided when registering and subscribing for TribeAML’s services.
  2. Notices to TribeAML should be sent to for attention of the CEO at support@TribeAML.com.

12. Miscellaneous

  1. TribeAML may terminate the subscription effective immediately upon written notice to you, and without providing you with a prior notice or opportunity to cure, in the event:
    • any proceeding is instituted by or against you seeking to adjudicate you as bankrupt or insolvent or seeking reorganisation, arrangement, adjustment, or composition of you or your debt under any law relating to bankruptcy, insolvency or reorganisation or relief of debtors, or seeking appointment of a receiver, trustee or other similar official for you or for any substantial part of your property which is not dismissed within 60 days; or
    • you take any corporate action to authorise any of the actions detailed above; and or
    • you admit in writing of your inability to pay debts as they become due or you make a general assignment for the benefit of creditors. Upon such termination, any and all dues shall immediately become payable by you.
  2. These terms and conditions shall supersede any other prior agreement or arrangement between the you and TribeAML, if any.
  3. TribeAML reserves the right to change these terms and conditions as it sees fit and shall promptly give you a copy of any revised terms and conditions.
  4. Upon receipt of such revised terms and conditions you may within 14 days cancel your subscription with TribeAML and request a refund in accordance with the refund provision contained in this version of the terms and conditions.
  5. If any provision of these terms and conditions are declared or held by any judicial or other competent authority to be void or otherwise unenforceable, the remaining provisions of these terms and conditions shall remain in full force and effect.
  6. TribeAML will then attempt to find a new provision to replace the invalid or unenforceable provision. The new provision shall be as close as possible to the original provision and you shall accept the new provision without reservation.
  7. The headings in these terms and conditions are for convenience only and will not be used to interpret, modify or change the provisions of these terms and conditions in any manner whatsoever.

 

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