TAQTIQA LLC may change this policy by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 24 July 2012.

The following terms and conditions govern all use of the TAQTIQA.com website and all content, services and products available at or through the website, including, but not limited to, taq.io by TAQTIQA.com and the TAQTIQA.com TIQA service (the Service), (taken together, the Website or Site). The Website is owned and operated by TAQTIQA LLC (TAQTIQA). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, TAQTIQA’s Privacy Policy and procedures that may be published from time to time on this Site by TAQTIQA (collectively, the Agreement). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any Services. If these terms and conditions are considered an offer by TAQTIQA, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your TAQTIQA.com Account and Site. If you use the Website, you are responsible for maintaining the security of your account details, passwords and tokens, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe your use of the Website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and TAQTIQA may request you change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause TAQTIQA liability. You must immediately notify TAQTIQA of any unauthorized uses of your account or any other breaches of security. TAQTIQA will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Account holders. If you operate a website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio or video, or computer software. By making Content available, you represent and warrant that:

   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

   • if your employer has rights to intellectual property you create, you have either

     1. received permission from your employer to post or make available the Content, including but not limited to any software, or
     2. secured from your employer a waiver as to all rights in or to the Content;

   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

   • the Content is not spam, and does not contain unethical or unwanted content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

   • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

   • your web site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

   • your web site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your web site’s URL or name is not the name of a person other than yourself or company other than your own; and

   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by TAQTIQA or otherwise.

   • Without limiting any of those representations or warranties, TAQTIQA has the right (though not the obligation) to, in TAQTIQA’s sole discretion

     1. refuse to provide any content that, in TAQTIQA’s reasonable opinion, violates any TAQTIQA policy or is in any way harmful or objectionable
     2. terminate or deny access to and use of the Website to any individual or entity for any reason, in TAQTIQA’s sole discretion. TAQTIQA will have unlimited discretion, but no obligation, to provide a refund of any amounts previously paid.

3. Payment and Renewal.

   • General Terms. Optional paid services such as bandwidth and TIQA service and TIQA plants are available on the Website (any such services, a “Service”). By using such Services you agree to pay TAQTIQA the usage fees indicated for that service (additional payment terms are described below and on the Website). Payments will be charged on a post-usage basis at the end of each month and will cover the use of that Service over the month period as indicated. Service fees are not refundable.
   • Data Terms. Optional paid services such as data updates are available on the Website (a Data Subscription). By selecting a Data Subscription you agree to pay TAQTIQA the monthly or annual subscription fees indicated for that Data Subscription (additional payment terms are described below). Payments will be charged on a pre-pay basis on the day you sign up for an Data Subscription and will cover the use of that Data Subscription for a monthly or annual subscription period as indicated. Data Subscription fees are not refundable.
   • Automatic Renewal. Unless you notify TAQTIQA before the end of the applicable Data Subscription period that you want to cancel a Data subscription, your Data subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Data Subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Data Subscriptions can be canceled at any time in the Data Subscription section of your site’s dashboard.

4. Services.

   • Fees; Payment. By signing up for a Services account you agree to pay TAQTIQA the usage fees indicated at http://www.taqtiqa.com/ in exchange for the services. Applicable fees will be invoiced at the end of a month and are established based on your use of such Services. TAQTIQA reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on 30 days written notice to TAQTIQA.
   • Support. Services do not include access to Support Plans. “Support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by TAQTIQA to respond within one business day) concerning the use of the Services. “Priority” means that support for Services customers takes priority over support for users of the standard, taqtiqa.com Support Plan. All Services support will be provided in accordance with TAQTIQA Support Plan practices, procedures and policies.

5. Data Subscriptions.

   • Fees; Payment. By signing up for the taqtiqa.com Data Subscription you agree to pay TAQTIQA the specified monthly fees in exchange for updates to the nominated dataset. Applicable fees will be invoiced starting from the day your access is established and in advance of using such Data Subscriptions. TAQTIQA reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Data Subscription access can be canceled by you at anytime on 30 days written notice to TAQTIQA.
   • Support. Data Subscriptions. do not include access to Support Plans. “Support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by TAQTIQA to respond within one business day) concerning the use of the Data Subscriptions. “Priority” means that support for Data Subscription customers takes priority over support for users of the standard, taqtiqa.com Support Plan. All Data Subscription support will be provided in accordance with TAQTIQA Support Plan practices, procedures and policies.

6. Responsibility of Website Users. TAQTIQA has not reviewed, and cannot review, all of the material, including computer software, provided through the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, TAQTIQA does not represent or imply that it endorses the material there provided, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may provide content that contains technical inaccuracies, mistakes, and other errors. The Website may also provide material that the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. TAQTIQA disclaims any responsibility for any harm resulting from the use of the Website, or from any downloading by those users of content there provided.

7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and webpages to which Taqtiqa.com links, and that link to Taqtiqa.com. TAQTIQA does not have any control over those non-TAQTIQA websites and webpages, and is not responsible for their contents or their use. By linking to a non-TAQTIQA website or webpage, TAQTIQA does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TAQTIQA disclaims any responsibility for any harm resulting from your use of non-TAQTIQA websites and webpages.

8. Intellectual Property. This Agreement does not transfer from TAQTIQA to you any TAQTIQA or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with TAQTIQA. TAQTIQA, TIQA, taqtiqa.com, their logos, and all other trademarks, service marks, graphics and logos used in connection with TAQTIQA.com, or the Website that are trademarks or registered trademarks of TAQTIQA or TAQTIQA’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any TAQTIQA or third-party trademarks.

9. Advertisements. TAQTIQA reserves the right to display advertisements on our Website pages.

10. Changes. TAQTIQA reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. TAQTIQA may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

11. Termination. TAQTIQA may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TAQTIQA.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a TAQTIQA account, such account can only be terminated by TAQTIQA if you materially breach this Agreement and fail to cure such breach within thirty (30) days from TAQTIQA’s notice to you thereof; provided that, TAQTIQA can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Disclaimer of Warranties. The Website is provided “as is”. TAQTIQA and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TAQTIQA nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

13. Limitation of Liability. In no event will TAQTIQA, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

    • any special, incidental or consequential damages;
    • the cost of procurement for substitute products or services;
    • for interruption of use or loss or corruption of data; or
    • for any amounts that exceed the fees paid by you to TAQTIQA under this agreement during the one (1) month period prior to the cause of action. TAQTIQA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14. General Representation and Warranty. You represent and warrant that

    • your use of the Website will be in strict accordance with the TAQTIQA Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and
    • your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

15. Indemnification. You agree to indemnify and hold harmless TAQTIQA, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

16. Miscellaneous. This Agreement constitutes the entire agreement between TAQTIQA and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TAQTIQA, or by the posting by TAQTIQA of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TAQTIQA may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.