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Introduction Welcome to Ten Sixty. Thank you for using theTen Sixty platform and the products, services and features we make available to you as part of the platform (collectively, the “Services”). PLEASE READ ON TO LEARN THE RULES AND RESTRICTIONS THAT GOVERN YOUR USE OF THE SERVICES. IF YOU DO NOT UNDERSTAND THE AGREEMENT, OR DO NOT ACCEPT ANY PART OF IT, THEN YOU MAY NOT USETHE SERVICES
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
contact@tensixty.com
Suite 1300, 388 Market Street, San
Francisco, CA 94111
www.tensixty.ai
Your Services Provider
The services are provided by TEN SIXTY INC., a Delaware law-compliant corporation, situated at 1300, 388 Market Street, San Francisco, CA 9411, and will be referred to hereafter as "Ten Sixty", "we", "us", or "our".
Applicable Terms
Your engagement with the Services is bound by the terms outlined herein, which may be revised periodically(collectively known as this “Agreement”). This Agreement comprises the conditions stated in this document and those within the Privacy Policy. Additionally, your interaction with specific Services might be governed by extra policies, guidelines, and/or terms (“Additional Terms”), which are included in this document by way of reference. By accessing or engaging in any such Services, you acknowledge and consent to adhere to these Additional Terms as well.
Age Requirements
To access the Services, you are required to be 18 years of age or older;You affirm and guarantee that you possess the legal majority to establish a binding agreement.
For Businesses
In the event you utilize the Services on behalf of a business or entity, you confirm that you hold the necessary authorization to represent said entity, and that the entity agrees to this Agreement. Your access credentials or account should not be shared with individuals outside of your organization, and you bear responsibility for any actions undertaken with your credentials.
Content on the Services
The assortment of content accessible via theServices encompasses videos, sounds (for instance, music and various audio),visuals, photographs, written content (like comments and scripts), branding elements (such as trade names, trademarks, service marks, or logos),interactive functionalities, software, fonts, metrics, and additional elements whether supplied by yourself, Ten Sixty, or an external party (altogether referred to as “Content”). The provision of Content is the accountability of the individual or organization that delivers it to the Services. Ten Sixty does not bear any obligation to store or distribute Content. Should you encounter any Content that you deem non-compliant with this Agreement, including content that breaches the law, you are encouraged to notify us.
To access certain services, you might need tocreate an account, choosing a password and username ("Ten SixtyMembership"), and supply specific details or information, such as yourcontact details. You commit to giving us accurate, comprehensive, and currentdetails about yourself for registration purposes. You are prohibited from usinga name that is not legally yours or impersonating another individual by usingtheir name. Your Ten Sixty Membership cannot be handed over to someone elsewithout our explicit written consent.
Moreover, you could gain access to specificsections or functionalities of the Services by employing the login details ofyour Ten Sixty Membership from other services (referred to as a "ThirdParty Account"), like those provided by Google. By accessing the Serviceswith a Third Party Account, you authorize us to retrieve specific informationfrom such accounts for the Services' usage. You retain control over the extentof information we can access, which you can manage by altering the privacysettings on your Third Party Account.
The Services are to be used solely for yourprivate, personal, non-commercial purposes, except in cases where you'reutilizing Paid Services, which then allows for commercial usage within thelegal limits, adhering to this Agreement's terms and conditions. If local lawsforbid your use of the Services, you are not permitted to use them. We are notliable for any legal violations stemming from your use of the Services.
You must not share your Ten Sixty Membership with others and are expected to safeguard the security of your Ten SixtyMembership, including the password and any other authentication methods. You bear responsibility for all activities under your Ten Sixty Membership.
Your Personal Data
Our Privacy Policy details the handling of your personal information and the measures we take to safeguard your privacy when you utilize the Services. To view the most recent Ten Sixty PrivacyPolicy, please follow the provided link. http: xxxxxxxx
Compliance with Children’s Online PrivacyProtection Act
Under the Children’s Online Privacy ProtectionAct (“COPPA”), online services are mandated to secure parental approval prior to the intentional collection of personally identifiable data from children under the age of 13. We consciously refrain from gathering or requesting personally identifiable data from individuals under the age of 16; if you are under 16, we ask that you not register for the Services, use them, or provide us with any personal data. Upon discovering that we have inadvertently collected personal information from someone under the age of 16, we will make efforts to eliminate that information promptly. Should you suspect that a child under 16has submitted personal information to us, please reach out to us at contact@tensixty.com
Cookie Usage
Our website utilizes cookies. By engaging with Ten Sixty, you consent to the application of cookies in alignment with our Privacy Policy. Cookies are commonly employed by interactive websites to remember user information on each visit. Our site uses cookies to enhance certain areas' functionality, making our website more user-friendly for visitors. Additionally, cookies might be used by some of our partners in affiliate marketing or advertising.
Messaging
Within the framework of the Services, you are likely to receive notifications via the Services, including but not limited to messages dispatched by Ten Sixty(e.g., through email or SMS). Upon registering for the Services, a welcome message along with instructions on how to opt out of future messages will be provided to you. By registering for the Services and furnishing your mobile number, you agree Ten Sixty may forward you information it believes might interest you, possibly employing automated dialling systems to message the mobile number you have given. Furthermore, you consent to accept communications from Ten Sixty, and you assert and guarantee that every individual you enlist for the Services or whose mobile number you submit has agreed to receive messages from Ten Sixty. You pledge to defend, indemnify, and keep Ten Sixty free from any claims, liabilities, damages (both direct and indirect), costs, and expenses (including legal fees) that arise from or are in any manner connected with your violation of the above.
Service Access and Conditions of Use
You are permitted to access and use the Services as provided to you, conditional upon your adherence to thisAgreement and all relevant legal requirements.
You agree, ensure, and commit to not introducing or contributing any content, including Content or User Submissions (as defined later), to the Services, or engaging with the Services in any way that:
(a) infringes on or violates the intellectual property or other rights of any party, including Ten Sixty;
(b) breaches any laws or regulations, inclusive of, but not limited to, export control laws, privacy laws, or purposes not explicitly endorsed by Ten Sixty;
(c) constitutes dangerous, harmful, fraudulent, misleading, intimidating, abusive, defamatory, vulgar, or otherwise inappropriate conduct;
(d) endangers the security ofyour Ten Sixty Account or that of others (e.g., by enabling unauthorized accessto the Services);
(e) involves any efforts to acquire another user's password, account information, or other security details;
(f) disrupts the security of any computer network, or deciphers any passwords or security encryption mechanisms;
(g) implements Mail list,Listserv, any auto-responder systems, or "spam" on the Services, oroperates any processes that execute or are triggered without your activesession in the Services, or otherwise impedes the Services' proper functioning(by imposing undue strain on the Services' infrastructure);
(h) engages in"crawling," "scraping," or "spidering" any page, data, or section of or related to the Services or Content (via manual or automated tools);
(i) tries to decompile, reverse engineer, disassemble, translate, or otherwise seek to extract or access the source code, foundational elements, models, algorithms, central concepts, or informational content of or pertaining to the Services;
(j) utilizes outputs from theServices to create models in competition with Ten Sixty;
(k) buys, sells, or exchangesAPI keys without obtaining our explicit prior approval;
(l) forwards us any personal details of children under 13 or below the legally established age for digital consent;
(m) gathers or extracts any information that could reveal the identity of an individual (e.g., usernames or faces);
(n) employs the Services to disseminate unsolicited promotional, commercial material, or other forms of unwanted solicitations;
(o) promotes or incites inaccurate assessments of true user interaction with the Services, including through financial incentives or rewards to augment views, likes, dislikes, subscriber counts, or to otherwise manipulate engagement metrics in any form;
(p) abuses any reporting, flagging, complaint, dispute, or appeals mechanism, including through baseless, troublesome, or frivolous claims.
Any infringement of these stipulations constitutes grounds for the revocation of your privilege to accessor use the Services. We may use IP addresses or other measures to identify potential fraudulent or dubious behaviours. Without restricting Ten Sixty's other rights or remedies, detection of suspected fraudulent or suspicious activities may lead to the annulment of your accrued credits, closure of your accounts, or barring your IP addresses or other identifiers from establishing new accounts.
Ten Sixty reserves the exclusive right to terminate your access to or use of the Services at any moment, for any cause, at our sole discretion, and without prior notification.
Reservation
Using the Services does not give you ownership of or rights to any aspect of theServices, including user names or any other Content posted by others or TenSixty.
Evolving and Enhancing the Services
Ten Sixty is dedicated to the ongoing enhancement and evolution of the Services. As part of this continuous improvement, we reserve the right to implement modifications or alterations to the Services (whether in whole or in part), which might include the introduction of new features and functionalities, the launch of new digital content or services, or the cessation of existing ones. Adjustments or discontinuations of the Services, or any segment thereof, may also be necessary to enhance performance or security, to adhere to legal requirements, or to curtail illegal or abusive activities on our systems. Such changes could impact all, some, or even individual users. In instances where the Services include or necessitate downloadable software, this software may be subject to automatic updates on your device when a new version or feature becomes available, depending on your device’s settings. While we aim to notify you about significant changes to the Services that might negatively affect you, providing advance notice may not always be possible.
Modification of Terms
Our aim to enhance our Services means that the terms of this Agreement may also evolve. We hold the authority to amend thisAgreement at any moment. Should there be any changes, we will announce them on our website at www.tensixty.com, communicate them via email, or notify you through alternative channels. Should you disagree with the updated terms, you have the option to decline them; however, this will result in your inability to continue using the Services. Engaging with the Services following the implementation of any modifications to this Agreement signifies your acceptance of all such changes. Other than modifications made by us as outlined above, no other alterations or adjustments to this Agreement will be considered valid unless they are documented in writing and signed by both you and us.
Your Rights in the Services
The content accessible or presented on or via the Services, including but not limited to texts, graphics, data, articles, photographs, images, illustrations, and User Submissions (as further detailed below), is safeguarded by copyright and/or other forms of intellectual property legislation. You commit to adhering to all copyright notices, trademark regulations, information, and limitations included in any Content you engage with through the Services. You are prohibited from using, copying, reproducing, altering, translating, publishing, broadcasting, transmitting, distributing, performing, uploading, displaying, licensing, selling, commercializing, or exploiting any Content not owned by you, either (i) without the explicit permission of the Content's owner or (ii) in a manner that infringes upon the rights of others (including those of Ten Sixty). Under the terms of this Agreement, we provide each Service user a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (that is, to download and display locally)Content solely for the purpose of utilizing the Services. Any use, reproduction, alteration, distribution, or storage of any Content for purposes beyond the scope of the Services is strictly forbidden without our direct written consent. It is understood that Ten Sixty retains ownership of theServices. You shall not modify, publish, transmit, engage in the sale or transfer of, reproduce (beyond what is explicitly allowed in this Section),create derivative works from, or in any way exploit any of the Services.Although the Services may permit the copying or downloading of certain Content, it is important to remember that all the prohibitions mentioned in this section remain applicable.
Referring other Users
Occasionally,Ten Sixty may introduce rewards or incentives for users who recommend theServices to new individuals. For information on current referral promotions, refer to our referral program page. A user who makes such referrals("Referrer") can recommend individuals or businesses that are not presently Ten Sixty customers or users registered with the Services("Referee"). A registered user denotes an individual or entity with an existing Ten Sixty account. The number of referrals a Referrer can make is unlimited, as are the total rewards or incentives a Referrer may earn from such promotions, unless specified otherwise. For each Referee that the Referrer directs to us who completes the specified action in the offer (like registering for an account or completing a purchase), the Referrer will earn the indicated reward or incentive. Every Referee must be receiving the offer for the first time, and referrals to the same individual or entity multiple times will not be counted. Ten Sixty retains the authority to alter or discontinue any promotions at its discretion and to withdraw the promotional offer from both Referrer andReferee for any or no reason at all. Should Ten Sixty find that a Referrer orReferee has sought to gain an unfair advantage or breach the terms or essence of the promotion, Ten Sixty may (a) cancel any rewards or incentives given to either party, and/or (b) require repayment from the Referrer or Referee for any rewards or incentives (1) utilized by them before such cancellation, or (2)awarded to any Referrer or Referee deemed ineligible. All promotions are bound by any additional terms, conditions, and limitations provided on the Services or in relation to the promotion.
User Submissions
Everything you distribute, upload, divulge, conserve, or otherwise make available via theServices is deemed your "User Submission." It is possible that someUser Submissions can be seen by other users. You hold the sole responsibility for all User Submissions you dispatch to the Services. You declare that allUser Submissions you submit are truthful, exhaustive, current, and abide by this Agreement, as well as all pertinent laws, statutes, and regulations.Automated mechanisms may be utilized by us to scrutinize User Submissions with the aim of identifying violations and abuses such as spam, malware, and unlawful content. You assure and declare that your User Submissions through the Services will not: (i) violate any copyrights or other rights of third parties (such as trademarks, privacy rights, etc.); (ii) include sexually explicit or pornographic material; (iii)comprise of or encourage hate, defamation, discrimination, or incitement of hatred towards any individual or group; (iv) exploit minors; (v) illustrate illegal activities or severe violence; (vi) show cruelty towards animals or severe violence against animals; (vii) endorse fraudulent activities, pyramid schemes, fast wealth schemes, online betting and gambling, cash gifting, home-based businesses, or any other questionable financial ventures; or (viii)breach any law.
Rights you grant
For the purpose of showcasing your User Submissions on the Services and facilitating their viewing by other users (where applicable), you allow us with certain permissions regarding those User Submissions (further details provided below). It's important to acknowledge that all the licenses granted herein are bound by our Privacy Policy, especially concerning User Submissions that constitute your personally identifiable information. Regarding all User Submissions, you extend to Ten Sixty a license to translate, adapt(for technical reasons, such as ensuring your content is accessible on both mobile devices and computers), reproduce, and otherwise utilize such User Submissions, in every instance to assist us in providing the Services, aselaborated below. This grants us a license, not ownership, leaving your rights in User Submissions unaffected. Should you save a User Submission in your Ten Sixty Account in a way that it remains private (a “Personal User Submission”), you not only grant Ten Sixty therefore mentioned license but also the right to display, perform, and share yourPersonal User Submission solely to make it available to you and to supply the necessary Services for such access. When you distribute a User Submission so that only specific users have access (such as through a private communication to one or more users) (a “Limited AudienceUser Submission”), you confer upon Ten Sixty the previously mentioned licenses in addition to the right to display, perform, and share your Limited AudienceUser Submission exclusively to make it available to such specified users, and to provide the required Services for this purpose. Moreover, you grant these specified users permission to access, utilize, and exercise all rights in thatLimited Audience User Submission, as allowed by the Services’ functionality. If you publicly share a User Submission on the Services or in a manner that it becomes accessible beyond just you or specific users, or if you offer us (via direct email or otherwise) any feedback, suggestions, improvements, enhancements, and/or requests concerning the Services (all of which are termedas a “Public User Submission”), then you extend to Ten Sixty the previously stated licenses along with the right to display, perform, and distribute yourPublic User Submission with the aim of making it accessible to all Ten Sixty users and to provide the requisite Services for this purpose, as well as all necessary rights to utilize and exercise rights in that Public User Submission in connection with the Services and/or Ten Sixty’s business activities, including using your Public User Submission for Ten Sixty’s marketing and promotional activities. Additionally, you grant all Service users the right to access thatPublic User Submission and to utilize and exercise all rights in it, as enabled by the Services’ functionality. You consent that the licenses you grant are without royalty, perpetual, sublicensable, irrevocable, and global. Noting that upon the deletion of yourTen Sixty Account, we will cease to display your User Submissions (exceptPublic User Submissions, which may remain fully accessible) to others (if applicable). However, you recognize and accept that complete removal of this content from Ten Sixty’s records may be unachievable, and your User Submissions could stay visible elsewhere to the extent they were duplicated or saved by other users. TheServices offer features that let you share information with others, including through your social networks or other Third Party Accounts. When Content is designated sharable, we will clearly indicate which Content you're allowed to redistribute and the methods for doing so, typically through a “share” button adjacent to the Content. If you share information from the Services with others via your Third Party Accounts, like social networks, you authorize Ten Sixty to share that information with the respective Third Party Account providers. You should review the policies of any such Third Party Account providers for further information on how they may handle your information. If you redistribute Content, you must have the capability to edit or delete any sharedContent, and must do so promptly at our request. Lastly, you understand and agree that Ten Sixty, to deliver the Services to our users (including you), may need to modify your User Submissions to fit and adapt them to the technical specifications of connecting networks, devices, services, o rmedia, and the aforementioned licenses incorporate the rights to undertake these adjustments.
Deleting Your Content
At any moment, you possess the ability to delete your Content from the Services.Before deletion, you also have the liberty to create a copy of your Content. If the rights mandated by these terms are no longer held by you, you are obligated to delete your Content.
Content Deletion by Ten Sixty
TenSixty retains the authority to remote any Content from the Services whenever deemed necessary, for any reason (this includes situations where there is an accusation of your Content being posted in breach of this Agreement), at our sole discretion, and without prior notification.
Copyright Policy Compliance
TenSixty retains the authority to remote any Content from the Services whenever deemed necessary, for any reason (this includes situations where there is an accusation of your Content being posted in breach of this Agreement), at our sole discretion, and without prior notification.
Content Deletion by Ten Sixty
Following the DMCA guidelines, we have established a policy to address copyright infringement. We hold the authority to (1) restrict access to or delete content that, in our genuine belief, constitutes illegally copied and distributed copyrighted material by any of our advertisers, affiliates, content creators, members, or users, and (2) terminate services for individuals who infringe repeatedly. (1)ReportingCopyright Infringement Process: If you suspect that material or content available through the Services infringes upon your copyright, or that of someone you represent, please forward a copyright infringement notice containing the specifics listed below to Ten Sixty's Designated Agent for Receiving Notification of Claimed Infringement ("Designated Agent,"contact details provided below):
(a)The physical or digital signature of an individual authorized to act on behalf of the copyright owner of the allegedly infringed material;
(b)A delineation of the copyrighted work or materials claimed to be infringed;
(c)A description of the infringing material, including its location on the Services, with enough detail to allow Ten Sixty to locate and verify its existence;
(d)Contact details of the person making the notice, including address, telephone number, and email address if available;
(e)A statement by the notifier that there is a bona fide belief that the material in question is not authorized by the copyright owner, its agent, or the law;
(f)A declaration under penalty of perjury that the provided information is accurate and that the notifying party is authorized to act on behalf of the copy right owner.
(2)ActionsFollowing Receipt of a Valid Infringement Notice: Upon receiving a legitimate copyright infringement notification, we reserve the right to:
(a)Remove or block access to the infringing content;
(b)Inform the content provider accused of infringement that the material has been removed or access has been disabled; and
(c)Terminate the infringing content provider's access to the Services if they are a repeat offender.
(3)Counter-NoticeProcedure: If a content provider contends that the material removed or access disabled was not infringing, or asserts the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, they may send a counter-notice with the following details to the DesignatedAgent:
(a)The physical or digital signature of the content provider;
(b)Identification of the material that was removed or disabled and where it was located beforeits removal or disablement;
(c)A statement that the content provider believes in good faith that the material was removed or disabled by mistake or misidentification; and
(d)The content provider's contact information, including name, address, telephone number, and email address if available, along with a statement consenting to the jurisdiction of the Federal Court for the judicial district where the content provider’s address is, or if outside the United States, for any judicial district in which Ten Sixty may be found, agreeing to accept service of process from the person who provided the initial notification of infringement.
If a counter-notice is received by the Designated Agent, Ten Sixty may, at its discretion, send a copy of the counter-notice to the original complainant, informing them that TenSixty may reinstate the removed content or cease disabling it within 10 business days. Unless the copyright owner seeks a court order against the accused content provider, the removed material may be reinstated, or access to it restored in 10 to 14 business days or more, following the counter-notice, at Ten Sixty’s discretion
For contact with Ten Sixty's Designated Agent, please use the following:
Ten Sixty Inc.
Attention: DMCA Designated Agent
[InsertAddress]
The responsibility for any information or Content that is made publicly available or privately transmitted through the Services falls entirely on the individual from whom such Content originates. You access this information and Content at your own risk, and we are not responsible for any inaccuracies or omissions in that information or Content, nor for any harm or loss you may suffer as a result. We do not have control over and are not obligated to take any action regarding your interpretation and use of the Content or any actions you may take as a result of being exposed to the Content. Consequently, we are released from any liability related to your acquisition or lack thereof of Content through the Services. We cannot assure the identity of any users you may interact with during the use of the Services and do not bear responsibility for user access to the Services. You hold responsibility for any Content you add to the Services in any way, and you affirm and warrant that you possess all necessary rights to do so in the manner you contribute it. TheServices might include links or connections to third-party websites or services not under Ten Sixty's ownership or control. Engaging with third-party websites or services acknowledges the acceptance of potential risks, for which Ten Sixty bears no responsibility. TenSixty exercises no control over, and accepts no responsibility for, the content, precision, privacy policies, or practices of third-party websites or the opinions of third parties interacted with through the Services.Furthermore, Ten Sixty will not and cannot oversee, confirm, censor, or adjust the content of any site or service outside of our domain. We advise you to review the terms, conditions, and privacy policies of any third-party site or service you engage with after leaving our Services. By utilizing the Services, you absolve us from all liability related to your use of any third-party website or service. Your interactions with entities or individuals located through the Services, including but not limited to transactions for goods or services and any associated terms, conditions, warranties, or representations, are strictly between you and such entities or individuals. You are encouraged to conduct due diligence before engaging in any online or offline transactions with any third parties. You agree that Ten Sixty will not be held accountable for any loss or damage incurred as a result of such interactions. Should disputes arise among participants on this site or Services, or between users and any third party, you accept that Ten Sixty has no duty to intervene. In the event of a dispute with other users, you absolve Ten Sixty, along with its directors, officers, employees, agents, and successors, from any claims, demands, and damages of every kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or in any way related to such disputes and/or the Services. You waive any provisions of California CivilCode Section 1542 or any analogous legislation in any jurisdiction, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party”.
Terminations by You
You have the liberty to discontinue the use of the Services whenever you choose. To remove the Services from your Ten Sixty Account, which will result in the closure of your Ten Sixty Account and the deletion of your information. Before proceeding, you may have the opportunity to download your data.
Service Discontinuation and Account Suspension by Ten Sixty
TenSixty retains the authority to end or suspend your access to the Services or your Ten Sixty Account for any reason at our discretion, including but not limited to a violation of this Agreement. It is at Ten Sixty’s sole discretion to determine if you have breached any conditions of this Agreement.
Consequences of Account Suspension or Termination
Terminating your account may lead to the erasure of any Content connected with your account, which is important to consider before deciding to end your account. We will endeavour to notify you in advance of terminating your account so you have the chance to secure any critical User Submissions saved in your account (as permitted by law and this Agreement), except when doing so would be unfeasible, unlawful, jeopardize someone’s safety or security, or adversely affect the rights or property of Ten Sixty. Should you inadvertently delete your Ten Sixty Account, promptly get in touch with us at contact@tensixty.com – we will attempt to assist, though we cannot guarantee the recovery or restoration of any data. Elements of this Agreement that inherently should outlast the termination will continue to do so. For instance, any duties you have to compensate or safeguard us, any limitations on our liability, any provisions regarding ownership or intellectual property rights, and regulations concerning disputes between us, including the arbitration agreement, will persist post-termination.
Software Downloads
If the Services include or necessitate downloadable software, and unless governed by supplementary terms granting a license, Ten Sixty grants you a personal, global, royalty-free, non-transferable, and exclusive right to utilize the software Ten Sixty provides as part of the Services. This right is granted solely to enable you to use and benefit from the Services as Ten Sixty offers, within the bounds of thisAgreement. You are prohibited from copying, altering, distributing, selling, or leasing any portion of the software, as well as from reverse engineering or attempting to decode the software's source code, except where such actions are barred by law or you have received explicit written consent from Ten Sixty.
Open Source Software
Certain software incorporated into our Services may be available under an open source license that we will provide to you. It's important to note that open source licenses might have specific terms that take precedence over some terms of this Agreement, so it's advisable to review those licenses carefully.
Mobile Application Usage
Certain software incorporated into our Services may be available under an open source license that we will provide to you. It's important to note that open source licenses might have specific terms that take precedence over some terms of this Agreement, so it's advisable to review those licenses carefully.
ThisAgreement governs your usage of all Services, including the iOS apps (referred to as “Application”) accessible through the Apple, Inc. (“Apple”) App Store.However, additional conditions also apply specifically to the Application:
(a)You and Ten Sixty recognize that the Agreement is solely between you and TenSixty, not involving Apple, and Apple bears no responsibility for theApplication or its contents.
(b)The Application is provided to you under a limited, non-exclusive, non-transferable, non-sublicensable license, exclusively for personal, non-commercial use in relation to the Services, adhering to this Agreement's terms applicable to the Services. If you are a paid service user, theApplication is licensed for commercial purposes within the Services' scope, as permitted by law, under this Agreement's applicable terms.
(c)The Application may only be used on Apple devices owned or controlled by you.
(d)You understand and concur that Apple is under no obligation to provide any maintenance or support services for the Application.
(e)Should the Application fail to meet any applicable warranty, you can informApple, with Apple's sole warranty responsibility being the refund of theApplication's purchase price, if any.
(f)Ten Sixty, not Apple, is responsible for handling any claims by you or any third party regarding the Application.
(g)If a third party claims the Application or your use of it infringes on their intellectual property rights, Ten Sixty, not Apple, will be responsible for investigating, defending, settling, and resolving any such claims.
(h)You declare and ensure you are not in a country under a U.S. Government embargoor classified as “terrorist-supporting” by the U.S. Government, nor are you on any U.S. Government list of banned or restricted parties.
(i)In using the Application, you and Ten Sixty agree to abide by any relevant third-party terms of agreement that might be impacted by such use.
|(j) Apple and its subsidiaries are acknowledged by both you and Ten Sixty as third-party beneficiaries of this Agreement, with Apple acquiring the right (deemed accepted) to enforce this Agreement against you as a third-party beneficiary.
Service Fees
The Services might be offered at no cost, or there could be a charge for access. If you're utilizing a version of the Services that is currently on the free tier, we will inform you before any Services you are using start to incur a fee.Should you decide to continue using these Services, you will be required to pay all relevant charges. Be aware that choosing to receive SMS messages from theServices may result in data and messaging fees. You are solely responsible for all such fees, charges, or costs. Consult with your mobile service provider to understand the fees, charges, and costs that might apply to your use of the Services.
Subscription Services
Some Services may require payment now or in the future (“Subscription Services”).For details on the current Subscription Services, please visit our Subscription Services page. Note that any payment conditions provided to you when signing up for or using Subscription Services are considered an integral part of this Agreement.
Payment Information
To purchase Subscription Services (“Purchase”), you may need to provide specific details pertinent to your Purchase, including your credit card number, its expiry date, and your billing address.
You confirm and guarantee that:
(i) you are authorized to use any credit card(s) or other payment method(s) for a Purchase; and (ii) the information you provide us is accurate, complete, and current. Payment processing for the Subscription Services may be handled by external payment service providers (“Payment Service Providers”) through a payment account associated with your account on the Services (“Billing Account”). The handling of payments will be governed by the terms, conditions, and privacy policies of the Payment Service Providers, in addition to this Agreement. By providing your payment details, you acknowledge that we may share your information with the Payment Service Providers as per our Privacy Policy. We are not liable for errors, acts, or omissions by the Payment Service Providers. By opting for Subscription Services, you consent to pay us, via the PaymentService Providers, all charges at the current rates for any use of suchSubscription Services in line with the specified payment terms. You authorize us, through the Payment Service Providers, to charge your selected payment option (“Payment Method”). You commit to making payments using that chosenPayment Method. We have the authority to amend any pricing errors made by thePayment Service Providers, even if payment has already been requested or received. We also reserve the right to refuse your Purchase due to Service unavailability or if fraud, unauthorized, or illegal transactions are suspected.
Payment Terms
Your payment conditions depend on your Payment Method and may be governed by agreements between you and the financial institution, credit card issuer, or another provider of your chosen Payment Method. If we do not receive payment from you through the Payment Service Providers, you agree to pay all due amounts on your Billing Account upon demand.
Subscription Payments
Certain Paid Services may include an initial term with a single charge, followed by ongoing charges as per your agreement for Subscription(s). When you opt for a subscription payment model, you arerecognizing that these Services are provided with both an initial payment and ongoing payments, and you take on the responsibility for all charges incurred until you cancel. WE ARE AUTHORIZED TO PROCESS RECURRING PAYMENTS (FOR INSTANCE, ON A MONTHLY BASIS) WITHOUT OBTAINING ADDITIONAL APPROVAL FROM YOU,UNTIL YOU NOTIFY US IN ADVANCE (AND WE ACKNOWLEDGE RECEIPT) THAT YOU WISH TO REVOKE THIS AUTHORIZATION OR MODIFY YOUR METHOD OF PAYMENT. ANY SUCH NOTIFICATIONS WILL NOT IMPACT CHARGES ALREADY PROCESSED OR IN THE QUEUE BEFORE WE CAN REASONABLY RESPOND. TO CANCEL YOUR AUTHORIZATION OR TO UPDATE YOUR PAYMENT DETAILS, PLEASE VISIT YOUR ACCOUNT SETTINGS.
At our own discretion and at any given time, we reserve the right to adjust the fees associated with the Subscription(s).Should there be any changes to your subscription fees, we will notify you before hand, allowing you the chance to end your Subscription if you do not agree with the new fees. Any changes to subscription fees will take effect immediately upon announcement, or, for active Subscriptions, at the conclusion of your current billing period. By continuing to use the Subscription after thefee adjustment, you agree to the new subscription fee.
Accurate Information Requirement
It is imperative that you supply current, complete, and accurate information for your billing account. You are obligated to immediately update any and all information to maintain the accuracy, completeness, and currency of your billing account (this includes changes in your billing address, credit card number, or credit card expiration date).Furthermore, you must promptly inform us or our payment processor in the event your payment method is terminated (for instance, due to loss or theft) or if you suspect a potential security issue, such as un-authorized access to or use of your username or password. Updates to this information can be made within your account settings. Should you neglect to update us with any of this crucial information, you consent to our continuing to bill you for any utilization of paid services associated with your billing account, unless you have ended your paid services as previously outlined.
Adjustment in Authorized Charges
Should there be a discrepancy in the amount charged to your Billing Account from the amount you initially authorized(excluding changes stemming from state sales tax adjustments), you are entitled to receive, and we are obligated to provide, a notice detailing the charge amount and the date it is to be charged before the transaction is executed. The terms of any agreement with your payment service provider will oversee the usage of your Payment Method. You consent to our consolidating accrued charges and submitting them as a payment to request to be made – deducted from your account.
Automatic Renewal of Paid Services
Without opting out of the automatic renewal feature via your account settings, any Paid Services you subscribe to will renew automatically for additional periods matching the initial Subscription term you selected, at the current standard rate without any promotions. To modify or cancel your Paid Services at any moment, please access your account settings. Should you decide to cancel a Paid Service, you may continue to utilize your Subscription until the completion of your current term; however, the Subscription will not renew after the end of this term. Yet, you will not receive a partial refund for any subscription fee paid for the current subscription period. TO AVOID FUTURE RECURRING CHARGES ON A MONTHLY BASIS, YOU MUST CANCEL THE RELEVANT PAID SERVICES VIA YOUR ACCOUNT SETTINGS OR CLOSE YOUR TEN SIXTY ACCOUNT BEFORE THE RECURRENCE PERIOD ENDS. PAID SERVICES ARENON-CANCELLABLE DURING THE TERM YOU HAVE PREPAID FOR, AND, AS STATED IN THIS AGREEMENT, TEN SIXTY DOES NOT OFFER REFUNDS FOR ANY FEES ALREADY PAID.
Authorization Confirmation
Your continued use or non-cancellation ofPaid Services confirms your agreement that we are permitted to bill yourPayment Method for those services. We are entitled to process these charges, and you are responsible for any resulting fees. This does not eliminate our right to collect payments directly from you. The billing terms, whether in advance, in arrears, based on usage, or as initially outlined upon selecting the Paid Services, will apply.
Terms for Free Trials and Promotions
Any free trial or promotion offering access to Paid Services must be utilized within the trial's defined duration. To avoid charges for a Paid Service, you must cease its use before the trial period expires. Should you cancel during the trial period but still incur charges fora Paid Service, contact us at contact@tensixty.com. We reserve the right to modify the terms of any Free Trial or cancel the offer at any time before the trial begins, without prior notice.
Disclaimer of Warranties
Ten Sixty, alongside its licensors, suppliers, affiliates, and their respective officers, directors, members, employees, consultants, and agents (collectively referred to as the “Ten SixtyParties”), do not provide any warranties or representations concerning theServices, including but not limited to any Content available through the Services. The Ten Sixty Parties shall not bear responsibility or liability for the accuracy, compliance with copyright, legality, or decency of material found in or through the Services or any claims, actions, lawsuits, costs, expenses, damages, or liabilities related to or arising from your use of the Services.The Ten Sixty Parties disclaim all warranties related to the Services or product recommendations made through the Services, whether express or implied, including but not limited to implied warranties of merchantability, fitness fora particular purpose, non-infringement, or that the Services will operate without interruption or error. Certain jurisdictions do not allow limitations on implied warranties, so these disclaimers may not apply to you in their entirety.
Limitations on Liability
To the maximum extent permitted by law, theTen Sixty Parties shall not be liable to you or any third party under any legal theory (including, but not limited to, tort, contract, or strict liability) for any indirect, consequential, exemplary, incidental, punitive, or special damages, including lost profits, business disruption, data loss, loss of goodwill, or computer malfunction, regardless of whether these damages were foreseeable or if the Ten Sixty Parties were advised of the possibility of such damages. Liability is limited to the greater of $100 or the amount you have paid Ten Sixty for the Services in the twelve months prior to the claim. TheTen Sixty Parties are also not liable for any failure or delay due to matters beyond their reasonable control. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you.
Indemnification
You agree to indemnify the Ten Sixty Parties against any claims, damages, losses, liabilities, and expenses (including attorney’s fees) related to your use of the Services or violations of this Agreement, including any third-party actions related to your account or your breach of these terms. If a claim arises, Ten Sixty will aim to notify you using the contact information provided for your account, though failure to send such a notification will not waive your indemnification obligations.
External Links
The Services may include links to external websites and services not operated or controlled by Ten Sixty. Ten Sixty does not endorse and is not responsible for the content, policies, or practices of any third-party websites or services. It is recommended to review the terms and privacy policies of any third-party sites or services you visit.
Transferability
You cannot assign or transfer this Agreement, or any rights or obligations herein, or your Ten Sixty account without the express written permission of Ten Sixty. However, Ten Sixty may assign or transfer this Agreement and its rights and obligations without restriction.
Severability Clause
Should any provision of this Agreement be deemed unenforceable for any reason, this shall not affect the enforce ability of the remaining provisions.
No Waiver Provision
Our failure to act upon any breach of this Agreement by you does not waive our rights to enforce any rights in the future.
Interpretation Clause
Within this Agreement, the terms "include,""includes," or "including" are to be interpreted as encompassing, but not limited to, any items subsequently listed for illustrative purposes.
Applicable Law
This Agreement shall be governed and interpreted in accordance with the Federal Arbitration Act, applicable federal laws, and the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.
Time Limitation for Claims
YOU AND TEN SIXTY AGREE THAT ANY CLAIM RELATED TO THE SERVICES MUST BE INITIATED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES, OR IT IS PERMANENTLY BARRED.
Arbitration Clause
Please review this ARBITRATION CLAUSE carefully as it requires you to resolve disputes with Ten Sixty through arbitration, and you waive certain rights to participate in court actions. Both parties acknowledge that Ten Sixty’s Personnel are third-party beneficiaries of this Agreement, with the right to enforce it against you in the event of a dispute.
(a) Arbitration Procedure. Disputes arising under this Agreement shall first be attempted to be resolved through direct negotiation. Failing resolution, disputes shall be finally settled by binding arbitration in San Francisco County, California, according to the JAMSStreamlined Arbitration Rules and Procedures by an arbitrator experienced in intellectual property and commercial contract disputes, selected according to those Rules. The award from arbitration may be confirmed and enforced in any court of competent jurisdiction.
(b) Arbitration Costs. All arbitration fees for claims under seventy-five thousand ($75,000) dollars will be covered by TenSixty. Ten Sixty will not seek its attorneys’ fees and costs in arbitration unless deemed frivolous by the arbitrator.
(c) Court Proceedings. Claims may be brought in small claims court in San Francisco County, California, or any United States county where you reside or work if they qualify. Notwithstanding the arbitration agreement, either party may seek equitable relief in court for copyright, trademark, trade secrets, patents, or other intellectual property rights infringement or violation.
(d) Jury Trial Waiver. BOTH PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY for any dispute arising under this Agreement, opting instead for resolution by arbitration or a judge.
(e) Class Action Waiver. Disputes must be brought individually, not as part of a class action or consolidated action, unless this waiver is deemed unenforceable, in which case the arbitration clause does not apply, and disputes will be resolved in court as described in(g).
(f) Opt-Out Option. You may opt out of the arbitration agreement by sending a written notice within thirty (30) days of agreement acceptance, including your name, address, and a clear statement of your decision to opt out to: xxx. xxx. xxxx
(g) Judicial Proceedings. If opting out as described in (f), or where arbitration is not applicable, judicial proceedings must be filed in the state or federal courts of San Francisco County,California.
(h) Arbitration Clause Severability. If the class action waiver is found unenforceable, the entire arbitration clause is void.This clause survives termination of your relationship with Ten Sixty.
You are obliged to manage, remit, report, and withhold all taxes, levies, and governmental assessments related to your dealings in association with the Services, although Ten Sixty retains the right to perform any of these actions on your behalf or its own in its sole discretion. This Agreement represents the full and exclusive understanding between you and Ten Sixty concerning its subject matter, superseding all prior agreements, communications, and understandings, both written and oral. You acknowledge that you are not an employee, agent, partner, or joint venture ofTen Sixty, nor do you possess any authority to obligate Ten Sixty in any way.
Apart from specific provisions concerning theApple Application and the Arbitration Agreement, it is agreed that thisAgreement does not intend to create benefits for third-party beneficiaries.
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