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Terms and Conditions
Last Updated: December 1, 2024
INTRODUCTION
These Terms and Conditions (“T&C”) are a binding agreement between you and Halftone Graphics, LLC and its affiliates (“Tether Insights”, “we”, “us”, “our”), which shall govern the relationship between you and us and set forth the terms and conditions by which you may access and use our related websites, services, applications, products, and content (collectively, the “Services”), including, without limitation, the entire contents of the website at https://www.tetherinsights.io (the “Website”). By using our Services and/or accessing the Website, you consent to these T&C and privacy policy (the “Privacy Policy”).
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity and its applicable affiliates, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these T&C, and that you agree to these T&C on such entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
You can accept these T&C by accessing or using our Services and you understand and agree that we will treat your access or use of the Services as acceptance of these T&C from that point onwards. You also acknowledge and agree that by using the Services and/or accessing the Website, your data, including without limitation any personal information obtained in connection therewith, may be collected, used, transferred, sold, shared, and processed in accordance with our Privacy Policy, as such may be amended from time to time (the “Permitted Use”). Without limiting the generality of the foregoing, the Permitted Use may include our aggregation and analysis of comments, feedback, reviews, and responses to certain surveys, forms, applications, or questionnaires to establish a user profile in connection with certain core identity mapping, training, or natural language processing services.
SERVICES & FEES
As further set forth herein, you acknowledge that Tether Insights offers a broad range of products and services to you, including products and services designed to enhance and inform certain marketing strategies, advertising campaigns, and related content development. Such Services may be based on information provided to, derived from, or otherwise collected by us, including, without limitation, (a) our development of certain third-party consumer behavior analysis and insights, (b) consultation services provided to you in respect of marketing and advertising strategies, and (c) the development of creative assets such as advertisements, landing pages, and promotional materials. Notwithstanding the generality of the foregoing, all Services provided by Tether Insights are considered to be provided "as is" without warranty of any kind or guarantee of specific outcomes or results.
In exchange for our Services, you agree to promptly pay any and all fees or pricing communicated to you in connection therewith, whether communicated digitally through the Website or otherwise. You further acknowledge and agree that the pricing and fees for our Services remain subject to change and may increase, in our sole discretion, based on the nature and scope of Services required for our particular arrangement with you (the “Fee”). By agreeing to these T&C, you further agree to pay the Fee in full, whether and , All Payments must be made in USD or another specified currency as agreed.
Upon your acceptance of these T&C, you agree to permit us to immediately collect payment from you from the payment method provided to us via the Website or otherwise; provided, that, if we have provided an invoice to you in connection with our Services, you agree to pay our Fee promptly (in no event later than 10 calendar days from your receipt of an invoice from us). You further agree that our inability to collect the Fee from you (including, without limitation, your failure to pay an invoice within the 10-day period) may result in (a) the suspension or termination of our Services with you, and (b) additional fees owed by you to us in an amount equal to 5% of the Fee, compounded for each calendar day following the date of acceptance or invoice (such amount, the “Late Payment Penalty”). Tether Insights may, but is under no obligation to, issue a partial or full refund of your Fee or Late Payment Penalty, as determined in its sole discretion on a case-by-case basis.
PRIVACY
We agree to treat your personal data in accordance with our Privacy Policy and/or any applicable Service agreement(s) entered into by Tether Insights and you, as such Privacy Policy and/or Service agreement may be amended from time to time. You also agree that you are responsible for notifying your respondents, customers, end users, and guests about our Privacy Policy and/or applicable Service agreement, as the case may be.
OWNERSHIP
In connection with your access of the Website and/or use of the Services, you understand that you may submit data or information to us (including your Personal Information and the Personal Information of others) or third parties may submit data or information to you through the Services. Except as expressly provided herein or under any applicable Service agreement, we do not claim ownership over any of your Personal Information and these T&C do not grant us any licenses or rights to your Personal Information. You represent and warrant that (a) you own or control the appropriate rights in and to your Personal Information, including any intellectual property owned by third parties; and (b) you will not provide or otherwise make available to us any information or materials that are in breach of law or any contract with such third party. Notwithstanding the foregoing, you agree that any content produced by us in connection with our Services (including, without limitation, any derivative content developed in relation to Personal Information) that is or could be reasonably considered to be proprietary to Tether Insights or otherwise protected by applicable intellectual property laws (“Proprietary Content”), shall, to the extent permitted by law, be deemed our exclusive property. You further agree that you shall not use, reproduce, or distribute any Proprietary Content without our express written consent.
ACCESS AND USE OF THE WEBSITE AND SERVICES
By accessing the Website and/or using our Services you personally represent, certify, and warrant that: (a) you agree to abide by all local, state, national, and international laws and regulations in your use of our Services, (b) you are not otherwise prohibited from accessing the Website and/or using our Services, and (c) all information you provide to us, is and will be current, accurate, and complete.
Your access to and use of the Services and/or Website is subject to these T&C and all applicable laws and regulations. You may not: (a) access or use the Services and/or Website if you are not fully able and legally competent to agree to these T&C or are authorized to do so, (b) make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Website and/or Services or any derivative works thereof, (c) distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof, (d) market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation without our express written consent, (e) use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming, (f) interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services, (g) incorporate the Services or any portion thereof into any other program or product, (h) use automated scripts to collect information from or otherwise interact with the Services, (i) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services, (j) use or attempt to use another’s account, service or system without authorization from us, or create a false identity on the Website and/or Services, (k) use the Website and/or Services in a manner that may create a conflict of interest or undermine the purposes of the Website and/or Services; (l) use the Services in any way that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose us, the Services or other users to any harm or liability of any type, including, without limitation, your improper use any private information of any third party, including Personal Information.
By agreeing to these T&C, you consent to us providing applicable notices to you electronically and understand that this consent has the same legal effect as a physical signature. We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. We may terminate your access to our Services for any reason, including if we know or believe that you are engaged in any prohibited or restricted activities or otherwise do not comply with these restrictions.
LIMITATION OF LIABILITY AND INDEMNIFICATION
Unless otherwise agreed in a duly authorized written agreement between you and Tether Insights, or as otherwise set forth or restricted by applicable law, you agree that we are not liable to you or any other person or entity whatsoever for any loss, damage (whether actual, consequential, special, punitive, direct, or indirect), injury, claim, liability, or other cause of action based upon or resulting from the use or attempted use of our Services, including but not limited to any claim or damage arising from failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation, computer virus, system failure, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions, or other materials accessed through our Services.
You agree to use our Website and/or Services, including content available through our Website and/or Services, at your own discretion and risk. You are solely responsible for any damage to your property or the loss of data that may result from the use of our Website and/or Services. Additionally, you agree that we are not liable or responsible for any defamatory, offensive, illegal, or other conduct of third parties.
You agree to defend, indemnify, and hold harmless Tether Insights, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these T&C or arising out of a breach of your obligations, representation and warranties under these T&C.
GOVERNING LAW
This Agreement and the legal relations among the parties shall be governed by, and construed and enforced in accordance with, the laws of the State of Colorado, without regard to its conflict of laws rules. The Company and you hereby irrevocably and unconditionally (i) agree that any action or proceeding arising out of or in connection with this Agreement shall be brought only in the applicable court within the State of Colorado (the “Colorado Court”), and not in any other state or federal court in the United States of America or any court in any other country, (ii) consent to submit to the exclusive jurisdiction of the Colorado Court for purposes of any action or proceeding arising out of or in connection with this Agreement, (iii) waive any objection to the laying of venue of any such action or proceeding in the Colorado Court, and (iv) waive, and agree not to plead or to make, any claim that any such action or proceeding brought in the Colorado Court has been brought in an improper or inconvenient forum.
MISCELLANEOUS
You acknowledge and agree that Tether Insights shall have no obligations to you resulting from any unforeseen events occurring beyond our control which impair, frustrate, or otherwise render our provision of Services to you to be commercially impracticable, including, without limitation, natural disasters, internet outages, strikes, governmental restrictions, public health crises, or other extraordinary events considered to be force majeure.
We may update or replace these T&C from time to time by posting an updated version to our legal page. Your continued use of the Services will serve as your acknowledgment and acceptance of any changes to these T&C. You should review the T&C regularly to check for such changes and your continued access or use of the Services after the date of the new T&C constitutes your acceptance of the new T&C. If you do not agree to the latest update to our T&C, you must stop accessing the Website and/or using the Services.
Last Updated: December 1, 2024
INTRODUCTION
These Terms and Conditions (“T&C”) are a binding agreement between you and Halftone Graphics, LLC and its affiliates (“Tether Insights”, “we”, “us”, “our”), which shall govern the relationship between you and us and set forth the terms and conditions by which you may access and use our related websites, services, applications, products, and content (collectively, the “Services”), including, without limitation, the entire contents of the website at https://www.tetherinsights.io (the “Website”). By using our Services and/or accessing the Website, you consent to these T&C and privacy policy (the “Privacy Policy”).
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity and its applicable affiliates, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these T&C, and that you agree to these T&C on such entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
You can accept these T&C by accessing or using our Services and you understand and agree that we will treat your access or use of the Services as acceptance of these T&C from that point onwards. You also acknowledge and agree that by using the Services and/or accessing the Website, your data, including without limitation any personal information obtained in connection therewith, may be collected, used, transferred, sold, shared, and processed in accordance with our Privacy Policy, as such may be amended from time to time (the “Permitted Use”). Without limiting the generality of the foregoing, the Permitted Use may include our aggregation and analysis of comments, feedback, reviews, and responses to certain surveys, forms, applications, or questionnaires to establish a user profile in connection with certain core identity mapping, training, or natural language processing services.
SERVICES & FEES
As further set forth herein, you acknowledge that Tether Insights offers a broad range of products and services to you, including products and services designed to enhance and inform certain marketing strategies, advertising campaigns, and related content development. Such Services may be based on information provided to, derived from, or otherwise collected by us, including, without limitation, (a) our development of certain third-party consumer behavior analysis and insights, (b) consultation services provided to you in respect of marketing and advertising strategies, and (c) the development of creative assets such as advertisements, landing pages, and promotional materials. Notwithstanding the generality of the foregoing, all Services provided by Tether Insights are considered to be provided "as is" without warranty of any kind or guarantee of specific outcomes or results.
In exchange for our Services, you agree to promptly pay any and all fees or pricing communicated to you in connection therewith, whether communicated digitally through the Website or otherwise. You further acknowledge and agree that the pricing and fees for our Services remain subject to change and may increase, in our sole discretion, based on the nature and scope of Services required for our particular arrangement with you (the “Fee”). By agreeing to these T&C, you further agree to pay the Fee in full, whether and , All Payments must be made in USD or another specified currency as agreed.
Upon your acceptance of these T&C, you agree to permit us to immediately collect payment from you from the payment method provided to us via the Website or otherwise; provided, that, if we have provided an invoice to you in connection with our Services, you agree to pay our Fee promptly (in no event later than 10 calendar days from your receipt of an invoice from us). You further agree that our inability to collect the Fee from you (including, without limitation, your failure to pay an invoice within the 10-day period) may result in (a) the suspension or termination of our Services with you, and (b) additional fees owed by you to us in an amount equal to 5% of the Fee, compounded for each calendar day following the date of acceptance or invoice (such amount, the “Late Payment Penalty”). Tether Insights may, but is under no obligation to, issue a partial or full refund of your Fee or Late Payment Penalty, as determined in its sole discretion on a case-by-case basis.
PRIVACY
We agree to treat your personal data in accordance with our Privacy Policy and/or any applicable Service agreement(s) entered into by Tether Insights and you, as such Privacy Policy and/or Service agreement may be amended from time to time. You also agree that you are responsible for notifying your respondents, customers, end users, and guests about our Privacy Policy and/or applicable Service agreement, as the case may be.
OWNERSHIP
In connection with your access of the Website and/or use of the Services, you understand that you may submit data or information to us (including your Personal Information and the Personal Information of others) or third parties may submit data or information to you through the Services. Except as expressly provided herein or under any applicable Service agreement, we do not claim ownership over any of your Personal Information and these T&C do not grant us any licenses or rights to your Personal Information. You represent and warrant that (a) you own or control the appropriate rights in and to your Personal Information, including any intellectual property owned by third parties; and (b) you will not provide or otherwise make available to us any information or materials that are in breach of law or any contract with such third party. Notwithstanding the foregoing, you agree that any content produced by us in connection with our Services (including, without limitation, any derivative content developed in relation to Personal Information) that is or could be reasonably considered to be proprietary to Tether Insights or otherwise protected by applicable intellectual property laws (“Proprietary Content”), shall, to the extent permitted by law, be deemed our exclusive property. You further agree that you shall not use, reproduce, or distribute any Proprietary Content without our express written consent.
ACCESS AND USE OF THE WEBSITE AND SERVICES
By accessing the Website and/or using our Services you personally represent, certify, and warrant that: (a) you agree to abide by all local, state, national, and international laws and regulations in your use of our Services, (b) you are not otherwise prohibited from accessing the Website and/or using our Services, and (c) all information you provide to us, is and will be current, accurate, and complete.
Your access to and use of the Services and/or Website is subject to these T&C and all applicable laws and regulations. You may not: (a) access or use the Services and/or Website if you are not fully able and legally competent to agree to these T&C or are authorized to do so, (b) make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Website and/or Services or any derivative works thereof, (c) distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof, (d) market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation without our express written consent, (e) use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming, (f) interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services, (g) incorporate the Services or any portion thereof into any other program or product, (h) use automated scripts to collect information from or otherwise interact with the Services, (i) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services, (j) use or attempt to use another’s account, service or system without authorization from us, or create a false identity on the Website and/or Services, (k) use the Website and/or Services in a manner that may create a conflict of interest or undermine the purposes of the Website and/or Services; (l) use the Services in any way that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose us, the Services or other users to any harm or liability of any type, including, without limitation, your improper use any private information of any third party, including Personal Information.
By agreeing to these T&C, you consent to us providing applicable notices to you electronically and understand that this consent has the same legal effect as a physical signature. We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. We may terminate your access to our Services for any reason, including if we know or believe that you are engaged in any prohibited or restricted activities or otherwise do not comply with these restrictions.
LIMITATION OF LIABILITY AND INDEMNIFICATION
Unless otherwise agreed in a duly authorized written agreement between you and Tether Insights, or as otherwise set forth or restricted by applicable law, you agree that we are not liable to you or any other person or entity whatsoever for any loss, damage (whether actual, consequential, special, punitive, direct, or indirect), injury, claim, liability, or other cause of action based upon or resulting from the use or attempted use of our Services, including but not limited to any claim or damage arising from failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation, computer virus, system failure, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions, or other materials accessed through our Services.
You agree to use our Website and/or Services, including content available through our Website and/or Services, at your own discretion and risk. You are solely responsible for any damage to your property or the loss of data that may result from the use of our Website and/or Services. Additionally, you agree that we are not liable or responsible for any defamatory, offensive, illegal, or other conduct of third parties.
You agree to defend, indemnify, and hold harmless Tether Insights, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these T&C or arising out of a breach of your obligations, representation and warranties under these T&C.
GOVERNING LAW
This Agreement and the legal relations among the parties shall be governed by, and construed and enforced in accordance with, the laws of the State of Colorado, without regard to its conflict of laws rules. The Company and you hereby irrevocably and unconditionally (i) agree that any action or proceeding arising out of or in connection with this Agreement shall be brought only in the applicable court within the State of Colorado (the “Colorado Court”), and not in any other state or federal court in the United States of America or any court in any other country, (ii) consent to submit to the exclusive jurisdiction of the Colorado Court for purposes of any action or proceeding arising out of or in connection with this Agreement, (iii) waive any objection to the laying of venue of any such action or proceeding in the Colorado Court, and (iv) waive, and agree not to plead or to make, any claim that any such action or proceeding brought in the Colorado Court has been brought in an improper or inconvenient forum.
MISCELLANEOUS
You acknowledge and agree that Tether Insights shall have no obligations to you resulting from any unforeseen events occurring beyond our control which impair, frustrate, or otherwise render our provision of Services to you to be commercially impracticable, including, without limitation, natural disasters, internet outages, strikes, governmental restrictions, public health crises, or other extraordinary events considered to be force majeure.
We may update or replace these T&C from time to time by posting an updated version to our legal page. Your continued use of the Services will serve as your acknowledgment and acceptance of any changes to these T&C. You should review the T&C regularly to check for such changes and your continued access or use of the Services after the date of the new T&C constitutes your acceptance of the new T&C. If you do not agree to the latest update to our T&C, you must stop accessing the Website and/or using the Services.