Terms and Conditions
1. Introduction
Welcome to TinkTide! These Terms and Conditions ("Terms") govern your use of our software as a service (the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Service.
2. Definitions
"Service" refers to TinkTide, operated by Lusidea d.o.o., a platform where users can visualize their thoughts, manage ideas, and transform complex concepts into actionable plans. "Company" refers to Lusidea d.o.o., established in Zagreb, Croatia, VAT ID: HR40019516575, MBS: 081327730, including its subsidiaries, affiliates, and related entities. "User" refers to any individual or entity that uses the Service. "Credits" refer to the units purchased or received that allow you to access specific features or functionality of the Service.
3. User Accounts
3.1 Registration
To use certain features of our Service, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account.
3.3 Eligibility
The Service is available to all users regardless of age. By using the Service, you confirm that you have the legal capacity to enter into a binding agreement.
4. Service Usage
4.1 License Grant
We grant you a non-exclusive, non-transferable, limited license to use the Service in accordance with these Terms.
4.2 Permitted Uses
You may use the Service for personal purposes or business purposes within your organization.
4.3 Prohibited Uses
You agree not to: Reverse engineer, decompile, or disassemble the Service. Use the Service for any unlawful purpose. Share your access with unauthorized users. Exploit the Service for any commercial purpose without our explicit consent. Circumvent or attempt to circumvent any security measures of the Service. Upload or transmit viruses, worms, or any other harmful or disruptive code. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. Use the Service in a manner that could disable, overburden, or impair the Service or interfere with any other party's use of the Service. Engage in any activity that violates any applicable local, state, national, or international law or regulation.
5. Payment Terms
5.1 Credits and Pricing
The Service operates on a pay-as-you-go model, where you purchase credits to access specific features or functionality. Credits can be purchased through your account at the pricing displayed at the time of purchase.
5.2 Free Credits
Upon creating an account, you may receive a certain number of credits for free, which can be used to access the Service. These free credits are subject to the same terms as purchased credits.
5.3 Refund Policy
All credit purchases are final and non-refundable, except in cases where technical issues prevent you from using the Service as intended. In such cases, refunds will be provided at our sole discretion.
6. User Content
6.1 Ownership
You retain ownership of all content you upload or create using the Service.
6.2 License to Use User Content
By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content as necessary to provide the Service.
6.3 Content Restrictions
You agree not to upload content that: Is illegal, defamatory, or infringing on intellectual property rights. Contains viruses, malware, or any other harmful code. Is offensive, obscene, or otherwise inappropriate. Promotes or incites violence, hatred, or illegal activities. Misrepresents your identity or affiliation with any person or entity.
7. Intellectual Property
7.1 Ownership
Company retains all rights, title, and interest in and to the Service, including all intellectual property rights.
7.2 Trademark Usage
You may not use our trademarks without prior written permission, except as necessary to identify the Service.
8. Data Protection and Privacy
8.1 Data Collection
We collect and use data in accordance with our Privacy Policy.
8.2 User Privacy
Your privacy is important to us. Please review our Privacy Policy for information on how we protect your data.
8.3 Data Security
We implement reasonable measures to secure your data. However, you acknowledge that no method of transmission over the internet or electronic storage is 100% secure. We cannot guarantee absolute security of your data, and you agree to use the Service at your own risk.
8.4 Data Breach Disclaimer
In the event of a data breach, we will take reasonable steps to notify affected users and mitigate the impact. However, we disclaim any liability for damages resulting from a data breach, including loss of data, unauthorized access, or any other harm that may arise.
9. Service Availability and Maintenance
9.1 Uptime
We strive to maintain 99% uptime for the Service. However, we do not guarantee uninterrupted availability.
9.2 Maintenance
Scheduled maintenance will be performed at predefined times and dates. We will notify you in advance of any planned downtime.
9.3 Service Modifications
We reserve the right to modify, suspend, or discontinue the Service at any time with or without notice.
10. Third-Party Services
10.1 Use of Third-Party Services
Our Service may incorporate or interact with third-party components, APIs, services, software, or other technology ("Third-Party Services") that are not owned or controlled by the Company. These Third-Party Services are provided by external entities, and your use of such services is subject to the terms and conditions of the respective third parties.
10.2 No Endorsement or Warranty
The Company does not endorse, guarantee, or make any representations or warranties regarding the Third-Party Services. We are not responsible for the availability, functionality, performance, or reliability of these Third-Party Services. Your use of any Third-Party Services is at your own risk.
10.3 Limitation of Liability for Third-Party Services
The Company shall not be liable for any damages, losses, or liabilities arising from your use of or reliance on any Third-Party Services. This includes, but is not limited to, any interruptions, errors, or security breaches caused by Third-Party Services.
10.4 Changes to Third-Party Services
Third-Party Services may be updated, modified, or discontinued at any time by the respective third parties, and the Company is not responsible for any such changes or their impact on the Service.
10.5 Third-Party Terms of Service
By using the Service, you agree to comply with the terms of service and privacy policies of any Third-Party Services that are integrated into or accessible through the Service. It is your responsibility to review and understand the terms of any Third-Party Services you use.
11. Integration with Third-Party Services
11.1 User Responsibility for Third-Party Integration
If you choose to integrate the Service with Third-Party Services, you are solely responsible for ensuring that such integrations comply with all applicable terms, conditions, and legal requirements of those Third-Party Services. The Company is not responsible for any issues arising from such integrations.
11.2 Access to Third-Party Services
To facilitate certain features or functionalities, the Service may request access to or require you to provide credentials for Third-Party Services. You agree to grant the Company the necessary permissions to access such Third-Party Services solely for the purpose of providing the Service. You are responsible for maintaining the security of your credentials and ensuring that they are not shared with unauthorized persons.
12. Data and Privacy in Third-Party Services
12.1 Data Sharing with Third Parties
In the course of providing the Service, we may share certain data with Third-Party Services as necessary to deliver the features or functionality you request. Such data sharing will be conducted in accordance with our Privacy Policy and the terms of the respective Third-Party Services.
12.2 Data Security and Third-Party Services
While we take reasonable steps to ensure the security of data shared with Third-Party Services, the Company is not responsible for the data handling, security, or privacy practices of these Third-Party Services. We encourage you to review the privacy policies and security practices of any Third-Party Services you use.
13. Third-Party Links
13.1 External Links
The Service may contain links to third-party websites or services that are not owned or controlled by the Company. These links are provided for your convenience only, and the Company does not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services.
13.2 Accessing Third-Party Links
Accessing or using third-party links is at your own risk. The Company shall not be liable for any damages, losses, or liabilities that may arise from your use of third-party websites or services.
14. No Liability for Third-Party Actions
The Company shall not be liable for any actions or omissions of any third party that impact the Service, including but not limited to, issues caused by third-party software, services, or components integrated with or utilized by the Service. This includes any disruptions, data breaches, or losses arising from the use of such third-party components.
15. Limitation of Liability
15.1 Disclaimers
The Service is provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
15.2 Limitation of Damages
In no event shall the Company be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Service.
15.3 Indemnification
You agree to indemnify and hold harmless the Company from any claims, losses, or damages arising out of your use of the Service or violation of these Terms.
16. Termination
16.1 Termination by User
You may terminate your account at any time by using the termination features or contacting support.
16.2 Termination by Company
We may terminate or suspend your access to the Service immediately, without prior notice, if you breach these Terms.
16.3 Effect of Termination
Upon termination, your right to use the Service will cease immediately, and we may delete your data after 30 days.
17. Dispute Resolution
17.1 Governing Law
These Terms are governed by and construed in accordance with the laws of Croatia.
17.2 Arbitration
Any disputes arising from these Terms shall be resolved through binding arbitration in Zagreb, Croatia, rather than in court.
17.3 Class Action Waiver
You agree to resolve disputes with the Company on an individual basis and waive your right to participate in a class action lawsuit.
18. Changes to Terms
18.1 Right to Modify
We reserve the right to update or modify these Terms at any time. The updated Terms will be posted on our website or within the Service.
18.2 Notification of Changes
We will notify you of any significant changes by email.
18.3 Continued Use
Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.
19. Miscellaneous
19.1 Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding the use of the Service.
19.2 Severability
If any provision of these Terms is found to be unenforceable, the remainder will remain in effect.
19.3 Waiver
The failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
19.4 Assignment
You may not assign your rights or obligations under these Terms without our prior written consent.
20. Contact Information
If you have any questions or concerns about these Terms, please contact us at: Email: hello@tinktide.com Mailing Address: Lusidea d.o.o. Ulica Franje Petračića 6 10000 Zagreb Croatia European Union By clicking "I Agree" or by using the Service, you agree to these Terms and Conditions. Lusidea d.o.o.