Terms of Use


IMPORTANT--PLEASE READ CAREFULLY. These Terms of Use ("Terms") are an agreement between you and Tronite Ltd ("Tronite"), a private company formed and existing under the laws of Cyprus, owner of the trade name and software Tarrasque.io. References to "us", "we", "our", and "Tarrasque.io" shall mean Tronite Ltd.

These Terms govern your access to and use of Tarrasque.io software, products, and/or services (individually or collectively, the "Products") and any information, content, text, graphics, photos or other materials uploaded, downloaded, purchased, or appearing on or through the Products (collectively referred to as "Content"). Additional terms or product requirements may apply to our individual Products and are available with the relevant Product. These Terms apply to all visitors, users, and others who access and use the Products ("Users").

By accessing or using the Products you agree to be bound by these Terms.

Notwithstanding the foregoing, nothing in these Terms supersedes or limits your rights under (1) the terms and conditions of any written agreement you have entered into with Tronite regarding the use of Products, or (2) applicable laws or regulations to the extent these Terms are prohibited by such laws or regulations. In the event of any conflict between these Terms and the terms and conditions of an applicable written agreement you have entered into with Tronite, the terms and conditions of the written agreement shall control.

1. Basic terms & accounts

You are responsible for your use of the Products. You may use the Products only if you can form a binding contract with Tronite. Your account with Tronite (and use of the Product) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. You may use the Products only in compliance with these Terms, any agreement entered into by you relating to the Products, and all applicable local, state, national, and international laws, rules and regulations.

In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Products; and (iii) the consequences of any misuse. Tronite requires that the parents, guardian, or other authorized adult of a minor affirmatively consent to the use of a Tronite Product by such minor. Tronite reserves the right to provide access to the minor’s account to the minor’s parents, guardian or other authorized adult, upon such adult’s request. For additional information on how we use your information, please see our Privacy Policy.

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Tronite shall have no liability for your interactions with other Users, nor for any User’s acts or omissions.

2. Privacy & use of personal information

Any information that you provide to Tronite, including first name, last name, email address, and any other information including personal information you have provided, may provide, or may be collected by us in connection with your use of the Products ("Your Information"), will be collected, maintained and used in order to provide the Products to you, or in accordance with these Terms, our privacy policy located here ("Privacy Policy"), any additional terms applicable to an individual Product. You understand that, through your use of the Products, you consent to the collection and use (as set forth in these Terms, the Privacy Policy and any agreement entered into by you relating to the Product) of Your Information, including the transfer of Your Information to Cyprus and/or other countries for storage, hosting, processing, and use by Tronite.

If you have any questions regarding the privacy and use of Your Information, please contact us at [email protected].

3. Content & your rights

You are responsible for Content that you post to the Products, and any consequences thereof. The Content you submit, post, or display may be viewed by other Users of the Products. You may be able to control the Content that other Users of certain Products may access through the privacy options in certain Products.

You retain your rights to any Content you submit, post, or display on or through the Products. By submitting, posting or displaying Content on or through the Products, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works from, communicate, display, and/or distribute such Content in any and all media or distribution methods (now known or later developed) as part of providing any of the Products. You agree that this license includes the right for Tronite to provide, promote, and improve the Products and to make Content submitted to or through the Products available to other institutions or individuals as part of providing the Products (including after termination of your use of the Products) and in accordance with your privacy settings. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Products, and we do not take responsibility for such Content. Any use or reliance on any Content or materials posted via the Products or obtained by you through the Products is at your own risk.

Further, in connection with Content you submit, post, or display on or through the Products, you affirm, represent, and warrant the following: (a) you have the written consent of each and every natural person who is identifiable in the Content, if any, to use such person’s name or likeness in the manner contemplated by any Product and these Terms, and each such person has released you from any liability that may arise in relation to such use; (b) you have obtained and are solely responsible for obtaining all consents as may be required by law to post any Content relating to third parties; (c) your Content and Tronite’s use thereof as contemplated by these Terms and any Product will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights; and (d) Tronite may exercise the rights to your Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement, licensing arrangement or otherwise.

Tronite respects the intellectual property rights of others and expects Users of the Products to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. You can contact us for notice of alleged copyright infringement appearing on the Products at [email protected].

4. Your license to use the products

A. License

Tronite gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Products, subject to these Terms and any agreement entered into by you relating to the Products, solely for the intended use of the Products, and not for competitive intelligence, analysis, or demonstrations. You may not copy, modify, distribute, sell, or lease any part of our Products, nor may you reverse engineer or attempt to extract the source code of any Product, unless laws prohibit those restrictions or you have our written permission.

B. Acceptable use

When using the Products you must not: (i) circumvent, disable or otherwise interfere with any security related features of the Products or features that prevent or restrict use or copying of the content accessible via the Products; (ii) create more than one account for use with a particular Product; (iii) give any false or misleading information or permit another person to use a Product under your name or on your behalf; (iv) impersonate any person, or misrepresent your identity or affiliation with any person or give the impression they are linked to Tronite, if this is not the case; (v) use a Product if we have suspended or banned you from using it; (vi) send junk, spam, repetitive messages, unsolicited advertising or marketing email, call, or text messages, or engage in any activities that violate anti-spamming laws and regulations, including but not limited to, the Regulation of Electronic Communications and Postal Services Law of 2004 as it may be amended from time to time, or other laws relating to emails, calls, or text messages; (vii) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property; (viii) modify, interfere, intercept, disrupt or hack any Product or collect any data from a Product other than in accordance with these Terms of Use; (ix) misuse the Products by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Products or any User of the Products' equipment; (x) submit or contribute any Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive; (xi) submit or contribute any Content without the permission of the content owner or otherwise infringe the copyright, trademark, privacy, publicity, or other rights of third parties; (xii) use any Content in violation of any licensing terms specified by the owner; (xiii) submit or contribute any information or commentary about another person without that person's permission; (xiv) threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or take any action that is likely to harass, upset, embarrass, alarm or annoy any other person; or (xv) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access a Product in a manner that sends more request messages to the Product than a human can reasonably produce in the same period of time.

Failure to comply with these rules of acceptable use constitutes a serious breach of these Terms of Use, and may result in our taking all or any of the following actions (with or without notice): (a) immediate, temporary or permanent withdrawal of your right to use our Products; (b) immediate, temporary or permanent removal of any Content; (c) issuing of a warning to you; (d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and (e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this Section are not limited, and we may take any other action we reasonably deem appropriate.

C. Changes to the products

We may, without prior notice, change any Product; stop providing any Product or features of any Product, to you or to Users generally; or create usage limits for any Product. We may permanently or temporarily terminate or suspend your access to any Product without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

5. Tronite rights

The Products are always evolving and the form, nature, and/or functionality of the Products may change from time to time without prior notice to you. In addition, Tronite may stop (permanently or temporarily) providing the Products (or any features within the Products) to you or to Users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

All rights, title, and interest in and to the Products (excluding Content provided by Users or other third parties) are and will remain the exclusive property of Tronite and its licensors. The Products are protected by copyright, trademark, and other laws of both Cyprus and foreign countries. Nothing in the Terms gives you a right to use the Tronite and Tarrasque.io names or any of the Tronite trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Tronite, or the Products is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

6. Registration obligations & passwords

You may never use another User’s account without permission from Tronite. In consideration of your use of the Products, you agree (a) You are over the age of 18, (b) Your Information will be true, accurate, current and complete, and (c) to maintain and promptly update Your Information to keep it true, accurate, current and complete. You are responsible for safeguarding any password that you use to access the Products (including passwords used on other Tronite products that permit single sign-on to the Products) and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols, and have at least eight (8) characters) with your account. You agree to (a) notify Tronite of any unauthorized use of your password or User identification and any other breach of security, and (b) ensure that you exit from your account at the end of each session.

7. Termination

We may suspend or terminate your accounts or cease providing you with all or part of the Products at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Products is no longer commercially viable. In such a termination event, the license granted hereunder shall automatically terminate. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Products, except that the following Sections shall continue to apply: 2, 3, 6, and 7.

Further, if you stop using the Products for more than 365 days, your accounts may be deleted and Tronite assumes no responsibility for Content deleted following inactivity. If you wish to delete your Tronite Product account(s) in their entirety, you may contact us via [email protected] and specify which Tronite Product account you wish to delete. We will delete your specified account(s) within a reasonable time, unless prohibited by law.

Nothing in this Section shall affect Tronite’s rights to change, limit, or stop the provision of the Products without prior notice, as provided elsewhere in these Terms.

8. Disclaimers & limitations of liability

Please read this Section carefully since it limits the liability of Tronite and its affiliates, related companies, officers, directors, employees, agents, representatives, partners, and/or licensors (collectively, the "Tronite Entities"). Each of the Subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this Section is intended to limit any rights you may have which may not be lawfully limited.

A. The products are available "AS-IS"

Your access to and use of the Products or any Content are at your own risk. You understand and agree that the Products are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, TRONITE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. No advice or information, whether oral or written, obtained from any of the Tronite Entities or through the Products will create any warranty not expressly made herein.

B. Third-Party links and resources

The Products may contain links to third-party websites or resources. You acknowledge and agree that the Tronite Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Tronite Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. If you access a third-party website or service from a Product or share your Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and the Privacy Policy do not apply to your use of such sites. In addition, to the extent you access services or content provided by YouTube through the Products, you agree to be bound by the YouTube Terms of Service located at: https://www.youtube.com/t/terms.

C. Limitation of liability

To the maximum extent permitted by applicable law, Tronite Entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the products; (ii) Any conduct or content of any user or other third party on, through, or associated with the products, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) Any content obtained from the products; or (iv) Unauthorised access, use or alteration of your transmissions or content.

In no event shall the aggregate liability of Tronite Entities exceed the greater of the amount you paid Tronite, if any, in the past six (6) months for the products giving rise to the claim.

The limitations of this subsection shall apply to any form of liability, whether based on warranty, contract, law or regulations or otherwise, and whether or not Tronite Entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

D. Indemnity

You agree to defend, indemnify and hold harmless Tronite and its agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to a Product, including any data or content transmitted or received by you; (ii) your violation of any provision of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any Content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your wilful misconduct; or (vii) any other party’s access and use of a Product with your unique username, password or other appropriate security code.

9. General terms

A. Waiver & severability

The failure of Tronite to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Governing law; dispute resolution

(i) Governing Law. These Terms and any action related thereto will be governed by the laws of Cyprus without regard to or application of its conflict of law provisions or your country of residence. All claims, legal proceedings, or litigation arising in connection with the Products will be brought solely in the Courts of Cyprus, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

(ii) Disputes. For any dispute with Tronite, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. If the dispute can be resolved by Tronite this will be done within sixty (60) days, or in the unlikely event that this may take longer, you will be notified by Tronite of the time needed for its resolution. Nothing in this Section shall be deemed as preventing Tronite from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

C. Entire agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between Tronite and you regarding the Products, and these Terms supersede and replace any prior agreements between Tronite and you regarding the Products.

Notwithstanding the foregoing, nothing in these Terms supersedes or limits your rights under (1) the terms and conditions of any written agreement you have entered into with Tronite regarding the use of Products, or (2) applicable laws or regulations to the extent these Terms are prohibited by such laws or regulations. In the event of any conflict between these Terms and the terms and conditions of an applicable written agreement you have entered into with Tronite, the terms and conditions of the written agreement shall control.

We may revise these Terms from time-to-time, the most current version will always be linked to at https://tarrasque.io. If the revision, in our sole discretion, is material we will notify you through the Products or through the email associated with your profile. By continuing to access or use the Products after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please email: [email protected]

Effective: December 26, 2020


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