This is a contract between Tab2ex,LLC and you (the Customer). It describes our business relationship, how we will work together, and the services we provide to you. For Customers of our API, this agreement applies to both you (the Developer) and your site or app’s (Developer App) end users. These terms are so important that you must agree to them for us to provide service to you. Thus, by using the Tab2ex’s Website, snapchart.co , APIs, Products, or Services (collectively, the Services) or the information provided by the Service (the Information) you are agreeing to these terms.
If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Services. The Services are available only to individuals who are at least 13 years old.
Your SnapChart Account
If you create an account on the Services, you are responsible for maintaining the security of your account, 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 immediately notify Tab2ex of any unauthorized uses of your account or any other breaches of security. Tab2ex 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. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction.
Payment and Renewal
Starting a Subscription Term. By signing up for a Subscription Service, you agree to pay Tab2ex the credits fees indicated to you when you registered for the service in exchange for the Tab2ex services. Applicable fees are billed starting from the day your paid account are established and in advance of using such services. Tab2ex reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Tab2ex accounts can be canceled by you at anytime on 30 days written notice to Tab2ex.
Subscription Fees. The Subscription Fee will remain fixed during the Subscription Term unless you (i) exceed your plan’s allocated monthly cap, (ii) change products or base packages, or (iii) subscribe to additional features or products. When a price change applies to you, we will charge or invoice you under the new price structure, starting with the next Billing Period in the Subscription Term, except as provided below under “Fee Adjustments During a Billing Period.”. In order to avoid additional charges, you should purchase the appropriate tier of Subscription Service for your anticipated needs.
End of Subscription Term. The Subscription Term will end on the expiration date and cannot be canceled before its expiration.
Payment by credit card. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable at the beginning of the Initial Subscription Term and all subsequent Billing Periods, including upgrades. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
Payment Information. You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your Tab2ex portal. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.
Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services. You shall have no liability for any taxes based upon our gross revenues or net income. If you are located in the European Union, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state.
Customers may access service via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Tab2ex, is bound by these Terms of Service plus the following specific terms:
Damage and liability. You expressly understand and agree that Tab2ex shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Tab2ex has been advised of the possibility of such damages), resulting from your use of the API, or the actions of users that access data from the API via third-party products.
Rate limiting. Abuse or excessively frequent requests to Tab2ex via the API may result in the temporary or permanent suspension of your account’s access to the API. Tab2ex, in its sole discretion, will determine abuse or excessive usage of the API. Tab2ex will make a reasonable attempt via email to warn the account owner prior to suspension.
You may not use Tab2ex for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright, spam, or trademark laws).
Tab2ex reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof). To the extent allowed under law, these changes may be effective upon notice provided to you.
Intellectual Property Rights
This Agreement does not transfer from Tab2ex to you any Tab2ex or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tab2ex.
Tab2ex claims no ownership, responsibility or intellectual property rights over any of the content or materials you provide to Tab2ex.
You may not duplicate, copy, resell, reuse, exploit or reverse engineer any portion of the service without the written consent permission of Tab2ex.
You may not launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that automates extraction of site content beyond your Subscription usage of our API
Without the prior written consent of Tab2ex, you may not develop or derive for commercial sale any data in any form that incorporates or uses the Information, and you may not transfer or disclose the Information to anyone else.
Tab2ex does not permit use of its products where such use would result in the user breaching any agreement the user has with a third-party. By accepting these Terms, you warrant that you will not use Tab2ex products in violation of any third-party agreement, whether currently in force or entered into following acceptance of these Terms.
Disclaimer of Warranties
The Service as is. Tab2ex does not warrant that:
the service will meet your requirements or expectations.
the service will be uninterrupted, timely, secure, bug or error-free.
the calculations performed by the service are accurate.
any errors or bugs in the service will be corrected.
Limitation of Liability
In no event will Tab2ex, 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: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tab2ex under this agreement during the twelve (12) month period prior to the cause of action. Tab2ex 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.
You agree to defend, indemnify and hold harmless Tab2ex and its subsidiaries, 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 the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, 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 other party’s access and use of the Service with your unique username, password or other appropriate security code; (vi) if you are a Developer, your Developer App.
As a paid customer, you give Tab2ex a perpetual world-wide license to use your company’s assets and logos. These assets and logos will be used purely for marketing and sales efforts, such as being displayed on the home page. The customer has the right to revoke the license to use logo at any time in its sole discretion.
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact us.
Tab2ex 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 Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Tab2ex may also, in the future, offer new services and/or features through the Services (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.
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact us at info at Tab2ex.com. This document was last updated June 3, 2017.