Welcome! Please read these Terms of Service (the “Terms”) carefully because they govern your use of Tactful, Inc.’s (“Tactful”, “our”, or “we”) messaging and networking service and bots accessible via our website located at www.tactful.ai (“Site”) and our mobile device application (“App”), that enables the access and use of (i) bots, (ii) instant messaging, sharing, networking and collaboration between individual consumer users (“Individual Consumer Use”), among members of discrete groups, such as teams within an organization (“Team Use”), and amongst individuals and teams across entire organizations (“Enterprise Use”), through a secure platform that gives users control over their privacy and content; and (iii) other services made available via the Sites or App from time to time. To make these Terms easier to read, the Site, our services (including bots, messaging and networking, and other services) and App are collectively called the “Services.”
AGREEMENT TO TERMS
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
CHANGES TO TERMS OR SERVICES
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site, the App or through other communications. It’s important that you review the modified Terms because if you continue to use the Services after we’ve let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms then you may no longer use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
WHO MAY USE THE SERVICES
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
REGISTRATION AND YOUR INFORMATION
If you want to use the Services, whether for Individual Consumer Use, Team Use, or Enterprise Use, you’ll have to create an account (“Account”). You can do this via the Site or the App. You agree to keep your Account credentials accurate and up to date and that you won’t disclose your Account login credentials to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
USING THE SERVICES
As part of our Services, Account holders may communicate with other Account holders with whom they are connected through the Services through the use of our direct messaging functionality. In addition to sending and receiving text messages, Account holders will be able to send and receive User Content (defined below), including content and multimedia files such as documents, photos and videos, as well as URLs, via our Services’ functionality. Account holders can control the messages they send through the Services. For example, Account holders can: (i) delay delivery of messages under certain circumstances for a specified time period, (ii) control who can see certain messages, (iii) impose forwarding, copying, saving, and screenshot restrictions (and trigger alerts when such events occur), (iv) control how long messages persist on the Services, and (v) recall messages so that they are no longer accessible through the Services. Additionally, Account holders can configure the Services in order to receive alerts or other notifications through the Services when certain events occur, and trigger certain actions in other systems in response. Tactful offers three distinct versions of the Services depending on whether you plan to use the Services for Individual Use, Team Use, or Enterprise Use, and each version is available on both a free and a paid basis. For the Individual Consumer Use and Team Use versions of the Services, you can create your Account using either your personal email account or an email account associated with your employer.on both a free and a paid basis. For the Individual Consumer Use and Team Use versions of the Services, you can create your Account using either your personal email account or an email account associated with your employer.
Additionally, as part of our Services, Account holders may have the ability to access and utilize certain bots to the extent made available to such Account holders in Tactful’s sole discretion. Bots are pieces of software that connect directly to enterprise and consumer apps, systems, websites, and more through APIs.bots to the extent made available to such Account holders in Tactful’s sole discretion. Bots are pieces of software that connect directly to enterprise and consumer apps, systems, websites, and more through APIs.bots to the extent made available to such Account holders in Tactful’s sole discretion. Bots are pieces of software that connect directly to enterprise and consumer apps, systems, websites, and more through APIs.
For organizations that pay for the Enterprise Use version of the Services, Tactful allows each such organization’s members to access and use the Services via an email account associated with such organization (an “Organizational Account”). The Enterprise Use version of the Services includes an administration panel (“Admin Panel”) that enables designated Account holders from an organization (“Administrators”) to control that organization’s members’ access to and use of the Services through their Organizational Account. Administrators with permission to login to the Admin Panel can view all activity engaged in by Account holders from their organization who have logged into the Services through their Organizational Account, control and manage such Account holders’ activities through the Services via their Organizational Account, organize and manage the data submitted by such Account holders through the Services via their Organizational Account, and control any messages sent by such Account holders via their Organizational Account. Also, if you are using the Individual Consumer Use or Team Use versions of the Services via an Account that is associated with your Organizational Account, and your organization later decides to purchase the Enterprise Use version of the Services, information on all of the activities you’ve engaged in through the Services since the inception of your Account will be accessible to your organization’s Administrators through the Admin Panel. So, if you are an Account holder logging into the Services through your Organizational Account, be aware that your activities under such Account may not be private.
INDIVIDUAL CONSUMER USE
For our individual consumer users, from time to time, we may offer, and charge such Account holders for, certain additional features within the Services, such as the ability to add emoticons to messages sent through the Services (each such feature, a “Paid Feature”). You agree to pay us other payment instruments any Paid Feature(s) that you purchase through the Services. If you elect to purchase a Paid Feature, we or our third-party payment services provider will either charge your credit card or other payment instruments on file or invoice you for your purchase, as applicable.
To the extent any portion of the Services is made available to you for a fee, you will be required to select a payment plan and provide Tactful with accurate information regarding your credit card or other payment instruments. You will promptly update your Account information with any changes in your payment information. You agree to pay Tactful the amount that is specified in the applicable payment plan in accordance with these Terms and any other terms associated with such payment plan, and you authorize Tactful to bill your payment instrument on a periodic basis in accordance with such terms. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we do change prices, we will provide notice of the change on the Site or App and in an email to you at least thirty (30) days before the change is to take effect. Your continued use of the Services after the price change goes into effect constitutes your agreement to pay the changed amount. Tactful may choose to bill through an invoice, in which case, full payment for invoices issued must be received by the specified date or the Services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. If you dispute any charges, you must notify Tactful within thirty (30) days after the date Tactful invoices you or bills your payment instrument, as applicable. You shall be responsible for all taxes associated with Services other than U.S. taxes based on Tactful’s net income.taxes based on Tactful’s net income.
We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You agree that all Feedback will be the sole and exclusive property of Tactful and you hereby irrevocably assign to Tactful and agree to irrevocably assign to Tactful all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you’ll execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain our intellectual property rights and other legal protections for the Feedback.
CONTENT AND CONTENT RIGHTS
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.provide to be made available through the Services. Content includes without limitation User Content.
CONTENT OWNERSHIP, RESPONSIBILITY, AND REMOVAL
Tactful does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Tactful and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
RIGHTS IN USER CONTENT GRANTED BY YOU
By making any User Content available through Services you hereby grant to Tactful a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to grant sub-licenses, to use, reproduce, modify, create derivative works based upon, publicly display, publicly perform and distribute copies of your User Content in connection with operating and providing the Services. Services you hereby grant to Tactful a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to grant sub-licenses, to use, reproduce, modify, create derivative works based upon, publicly display, publicly perform and distribute copies of your User Content in connection with operating and providing the Services.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Tactful on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You are in control of your User Content, and you can remove your User Content at any time by specifically deleting it.
RIGHTS IN CONTENT GRANTED BY TACTFUL
Subject to your compliance with these Terms and our policies (including our Acceptable Use Policy www.tactful.ai/tactful-accteptable-use/), Tactful grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and view the Content that is not User Content, and to use, reproduce, distribute copies of, create derivative works based upon and publicly display and publicly perform any User Content, solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. This means that other users of the Services may have access to your User Content including rights to modify such User Content, as is permitted by the functionality of various features of the Services. Content including rights to modify such User Content, as is permitted by the functionality of various features of the Services.
ALERTS AND NOTIFICATIONS
As part of the Services, you may (if enabled) receive push notifications, [text messages], alerts, emails, or other types of messages from Tactful directly sent to you via the Site or outside or inside the App (“Push Messages”). You have control over the Push Messages settings and can opt in or out of these Push Messages through the Services (with the exception of infrequent, important service announcements and administrative messages). Please be aware that third-party messaging fees may occur for some of the Push Messages depending on the message plan you have with your wireless carrier. For calls or text messages to the phone number, you may provide during the registration process, by agreeing to these Terms you authorize Tactful to send texts or make calls to your phone using an automated mechanism, such as an autodialer, or a prerecorded voice. You are not required to provide this consent as a condition to using the Services and may opt out of such messages by not providing your phone number during the registration process.
RIGHTS AND TERMS FOR APPS
RIGHTS IN APP GRANTED BY TACTFUL
Subject to your compliance with these Terms, Tactful grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Tactful reserves all rights in and to the App not expressly granted to you under these Terms.limited non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Tactful reserves all rights in and to the App not expressly granted to you under these Terms.
ADDITIONAL TERMS FOR APP STORE APPS
If you download the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you download the App through or from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider”), then you acknowledge and agree that:
These Terms are concluded between you and Tactful, and not with the App Provider, and that Tactful (not the App Provider), is solely responsible for the App.
ACCEPTABLE USE POLICY AND TACTFUL’S ENFORCEMENT RIGHTS
ACCEPTABLE USE POLICY
We ask that you respect our community of users and our desire for such users to feel safe when using the Services, including any Content. Accordingly, you agree that you’ll only use the Services in a manner that is consistent with our Acceptable Use Policy. If you use the Services in a manner that is inconsistent with our Acceptable Use Policy ( https://tactful.ai/acceptable-use-policy/), we might have to suspend or terminate your Account.
TACTFUL’S ENFORCEMENT RIGHTS
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Tactful respects copyright law and expects its users to do the same. It is Tactful’s policy to terminate in appropriate circumstances Account holders or subscribers who repeatedly infringe the rights of copyright holders. Please see Tactful’s Copyright Policy at https://tactful.ai/acceptable-use-policy/ copyright policy for further information.
THIRD PARTY WEBSITES, RESOURCES, OR APPLICATIONS
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
In connection with the Services, Tactful may make available certain third-party software applications (“TP Apps”), including TP Apps that interoperate with Services. Your use of TP Apps may be governed by the terms and conditions of an end user license agreement (“TP EULA”) between you and the publisher of such TP App (“TP Publisher”). The TP Publisher has the right to enforce the TP EULA against you. If you do not want to comply with the TP EULA for a TP App, you must not use that TP App. Tactful is not a party to the TP EULA for any TP App. Unless otherwise agreed to in writing by Tactful, any support or maintenance of the TP Apps shall be provided by the TP Publisher and only to the extent described in the TP EULA. You agree and acknowledge that Tactful has no responsibility for providing such support and maintenance. Failure of TP Publisher to provide support and maintenance will not entitle you to any refund of fees from Tactful in connection with obtaining the applicable TP App or support and maintenance.
Any information that a TP Publisher collects from you or your device will be subject to the applicable TP EULA, privacy notice, or similar terms that the TP Publisher provides to you. You hereby explicitly acknowledge and authorize Tactful to, in connection with your purchase, download, or use of one or more TP Apps, provide the TP Publisher with the information provided by you in completing the purchase. If you purchase, download, or use TP Apps, such TP Apps may transmit your data outside of Tactful’s systems during normal use, and the TP Publishers of those TP Apps may be able to obtain access to your data in the Services through an application programming interface (API) or other means. Such access may result in the disclosure, modification or deletion of your data by those TP Publishers or their TP Apps. Further, the TP Publisher and its agents and partners may collect and use data pertaining to your configuration and/or use of the TP Apps. Tactful is not responsible for any transmission, collection, disclosure, modification, use or deletion of your data, as described in this paragraph, by or through TP Apps or their TP Publishers. The third-party content included in the TP Apps is the sole responsibility of the TP Publisher of that content. Tactful is not responsible for any third-party content, whether or not it reviewed or moderated such content. You agree that you bear all risks associated with using or relying on TP Apps. Tactful does not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, or quality of any TP Apps (including without limitation any applications or content contained therein), regardless of who originated that content.
TACTFUL HEREBY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO SUCH TP APPS. TACTFUL SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS OR OTHER INDIRECT OR CONSEQUENTIAL DAMAGES, RELATING TO YOUR USE OF OR RELIANCE UPON ANY TP APPS.
In addition to the foregoing provisions regarding TP Apps, we do not control, and we are not responsible for, any third-party data, content, services, or products (including software) that you access, download, receive or buy while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not a publisher of third-party content accessed through the Services. We are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions of these Terms will survive: Feedback; the first paragraph of Content Ownership, Responsibility and Removal regarding Tactful’s ownership of the Content and Services; Termination; Warranty Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. We make no warranty regarding, and will have no liability in connection with, any alerts, notifications and/or corresponding actions programmed through the Services (such as the triggering (or lack thereof) of alerts or other notifications, the timeliness of delivery of any such alerts or notifications, the occurrence of any actions in other systems in response to an alert or notification, or the timeliness of the occurrence of such actions).
You will indemnify and hold harmless Tactful and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your User Content; or (iii) your violation of these Terms.
LIMITATION OF LIABILITY
NEITHER TACTFUL NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with THESE TERMS or from the use OF or inability to use the ServiceS or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not Tactful has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In no event will Tactful’s total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the Services or content EXCEED THE AMOUNTS YOU HAVE PAID TO TACTFUL FOR USE OF THE SERVICES OR content OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TACTFUL, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TACTFUL AND YOU.
These Terms and any action related thereto will be governed by the laws of the United Kingdom without regard to its conflict of laws provisions.
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Tactful changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Tactful’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Tactful in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms.
These Terms constitute the entire and exclusive understanding and agreement between Tactful and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tactful and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Tactfuli’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Tactful may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Tactful under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Tactful’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tactful Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
You agree to comply fully with all United Kingdom export laws and regulations to ensure that neither the Services nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations. If you are accessing the Services through an Organizational Account, Tactful reserves the right to use your organization’s name as a reference for marketing or promotional purposes on Tactful’s website and in other communication with existing or potential Tactful customers. For example, we might list your organization on one of our web pages under lists of Tactful customers. We don’t want to list customers who don’t want to be listed, so you may send an email to firstname.lastname@example.org stating that your organization does not wish to be used as a reference.
Tactful is committed to providing a safe and secure environment for employees, customers, vendors, and other constituents and to protecting its funds, property, and assets. Therefore, as a condition of employment, Tactful conducts background investigations of prospective & current employees.
Tactful.ai uses a third party to conduct criminal conviction checks and other background checks as applicable. Applicants recommended for hire will be required to complete a Disclosure & Release form(s) authorizing Tactful to have various background checks conducted. All employees may be subject to updated / additional background checks in advance of promotion, transfer, change in position duties or as deemed appropriate. Individuals who do not complete the Release form, or with unsatisfactory investigation results, may have their offer of employment withheld or rescinded.
QUESTIONS ABOUT THE BACKGROUND POLICY CAN BE DIRECTED TO US:
Stirling House Business Centre
Cambridge Innovation Park,
Denny End Road
If you have any questions about these Terms or the Services, please contact Tactful at email@example.com.