Terms of Service

Introduction & Scope
By accessing the website atwww.tramigo.co and/or using any of our Services, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
All terms hereof refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the user in the most appropriate manner for the express purpose of meeting each of our customer’s needs in respect of the provision of Tramigo Inc.’s stated Services, in accordance with and subject to prevailing applicable laws for our sale of goods.
Henceforth, by accessing our Services, on behalf of yourself or the entity that you represent, you represent and warrant that you have the right, authority, and capacity to enter into both these Terms and our Policy (on behalf of yourself or the entity that you represent), in accordance with all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing our Services.Please, ensure that you read them thoroughly, because, by using Tramigo Inc., you consent to these Terms.
Definitions
The following terms shall have the following meaning:
“Us”, “Ours”, “Tramigo”: Tramigo Inc., the company behind the Tramigo brand.
“You”, “the User”: person or customer using Tramigo provided services and/or having an account allowing access to our Services.
“Application”, “App”: mobile application created through Tramigo and made available to the public for download from a third-party platform.
“Author”: any person drafting or publishing on the Internet, more specifically on the Application.
“End User”: person who uses one or more Applications created using the Services.
“Website”: Internet Web site enabling the publishing of content and the drafting of commentaries by End Users.
“User Credentials”: username and password used by the User together or separately to identify oneself and access the Services.
“Order”: online subscription of our Service(s).
“Mobile Platform Provider”: This refers to Apple and Google via their app stores, the Apple App Store and the Google Play Store.
“User Material”: any content uploaded or provided by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials.
“Privacy Policy”: means our Privacy Policy.
How Our Service Is Funded
Instead of paying to use Tramigo, by using the Service covered by these Terms, you acknowledge that we can show you ads that businesses and organizations pay us to promote their product or service. We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you.
We show you relevant and useful ads without telling advertisers who you are. We allow advertisers to tell us things like their business goal and the kind of audience they want to see their ads. We then show their ad to people who might be interested.
We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content. For example, we providegeneral demographic and interest information to advertisers to help them better understand their audience. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission.
Your Commitments
In return for our commitment to provide the Service, we require you to make the below commitments to us.

1. Account Terms
   
   1. You must be 13 years or older to use this Sevice.
   2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
   3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
   4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
   5. You may not use the Service 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 laws).
   6. If you find any link on our Services that is offensive for any reason, you are free to contact and inform us at any time. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.

3.1 Disputes & Charge-backsIn the future, users may provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final and non-cancelable. If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us uponnotice. Any failure or inability by us to process any payment hereunder does not relieveyou from your payment obligations.A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A charge-back may result in the reversal of a transaction, with the amount charged back to you. You can be assessed charge-backs for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.When a chargeback is issued, you are immediately liable to Tramigo Inc. for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint Tramigo Inc. as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus you agreeto pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.3.2 Application Approval:Tramigo will use commercially reasonable efforts to have the Application approved by the appropriate Mobile Platform Provider. Although there is a high likelihood of approval, we do not and cannot guarantee approval.3.7 Billing Questions:For any billing related questions, please contact Tramigo viacontact@Tramigo.co.4. Cancellation, Termination and Service Suspension4.1 Termination & Suspension:Failure to comply with any of our Terms and/or failure to pay a due fee shall entitle Tramigo to immediately suspend your account, including service to your application and provision of services to you, including paid services.4.2 Changes to our Services and PricingTramigo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a Service (or any part thereof) with or without notice.Any changes will be displayed in the Service, and we may notify you by email.Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by anaccount registration or simple use – thereby indicates your acceptance thereof.Tramigo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of a Service.Tramigo Limited GuaranteeTramigo Inc. shall make all commercially reasonable efforts to ensure that any interface or integration from a third party provider or system as part of the Services operates correctly. Notwithstanding, you acknowledge that the successful operation of any interface or integration is dependent upon the technical set up of said third party systems, such as Amazon Web Services and other infrastructure and cloud computing providers.Accordingly, you agree that: (a) Tramigo Inc. cannot be held liable for any failures in theoperation of the interface or integration resulting from acts or omissions by you or the third party; (b) Tramigo Inc. shall have no liability or obligation whatsoever to you in relation to the content on or use of, or correspondence with any third party website or service made available via the Services.If an issue arises with regard to the effective operation of an interface or integration to a third party provider or system, Tramigo Inc. will use its commercially reasonable efforts to resolve the issue.5. ReleaseTo the full extent permitted by applicable law, you agree not to hold us responsible for anything that happens related to transactions with third parties, member interactions, or in connection with a Tramigo group or Tramigo event. You also agree not to hold organizers responsible for their negligence in connection with their Content, a Tramigo group, or Tramigo event or activity.To the full extent permitted by applicable law, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners ( “Tramigo Parties”) from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with a Tramigo group or a Tramigo event or activity. You also agree, to the full extent permitted by applicable law, to release organizers from Claims based on an organizer’s negligence arising out of or in any way connected with their Content, a Tramigo group, or a Tramigo event. The law in some countries and states do not allow the release, so these limits may not apply to you. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.You acknowledge that some Tramgio events carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these events, you understand and agree that you have freely chosen to assume these risks.6. Copyright & OwnershipYou may not claim intellectual or exclusive ownership rights to any of our Products, Support, or Documentation. All Products, Support, and Documentation are property of Tramigo, Inc. All Products, Support, and Documentation are provided “as is” without warranty of any kind, express or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damagesor losses that occur out of the use or inability to use our Products, Support, or Documentation.When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed byand subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.7. Copyright Takedown NoticesFor information about how to submit a request for takedown if you believe content on Tramigo Inc. infringes your intellectual property rights, please contact us.Tramigo Inc. takes copyright infringement matters seriously, and is ready to remove anyallegedly or factually infringing content displayed on the Service upon due notice and request by the title holder.The following procedure will apply for any content displayed through the Service that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim with the email subject: “Takedown Request”. Once received, Tramigo Inc. will study and consider your claim and, if it believes or has reason to believe any content on the Service infringes on another’s copyright, Tramigo Inc. may delete it, disable or otherwise stop displaying it.Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones of the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g., address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.Our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a copyright takedown notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a counter claim notice.8. Content Licenses.8.1 Limited License by Tramigo Inc.: Tramigo Inc. grants you a limited, non-exclusive, revocable, royalty free and non-transferable license to utilize and access Tramigo Inc.. and the Services. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using Tramigo Inc., in whole or in part. Tramigo Inc. does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display,distribute, perform or in any way exploit any downloaded Services and computer applications, in whole or in part.Please be reminded that we have the discretion to terminate our license to you at any time for any reason. We have the right, but not the duty, to refuse to share any content on Tramigo Inc. or to remove or delete said content. Apart from the rights and license granted in these Terms, we reserve all other rights and grant no license, implied or otherwise.8.2 User Materials License:Tramigo Inc. allows or may allow Authors, Users and End Users to add posts, texts, photos, videos, links, including questions and answers, and other files and information about your products, services, benefits and experiences provided. Henceforth, for every material and content piece that you upload, publish or display to others via the Service you acknowledge and agree that, having agreed to be bound by these Terms, your User Material may be viewed or accessed by the general public.Accordingly, as an Author you hereby grant Tramigo Inc. an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any content you may upload, disseminate, deliver, create or transfer any post, original audio file, message, chat, files uploaded, data inputted, e-mails sent, or otherwise any content delivered via Tramigo Inc. or the Services. You represent and warrant to Tramigo Inc. that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Tramigo Inc. as set forth herein.8.3 Feedback License:All users hereby grant Tramigo Inc. an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that you provide to Tramigo Inc. regarding the Services.9. General ConditionsSupport is only provided via ourcontact us page. Currently, we do not provide support via any other channel (including, but not limited to Twitter or Facebook).By submitting materials (e.g. your logo, brand guidelines etc.) to Tramigo for inclusion on your app, you grant Tramigo a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content and materials solely for the purpose ofdisplaying, distributing and promoting your app. Without limiting any of those representations or warranties, Tramigo has the right (though not the obligation) to, in Tramigo’ sole discretion: (i) refuse or remove any app that, in Tramigo’ reasonable opinion, violates any Tramigo policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Tramigo’ sole discretion. Tramigo will have no obligation to provide a refund of any amounts previously paid.You understand that Tramigo uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology requiredto run the Service.You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Tramigo service.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Tramigo.We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Tramigo customer, employee, member, or officer will result in immediate account termination.You understand that the technical processing and transmission of the Service, includingyour Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.You must not transmit any worms or viruses or any code of a destructive nature.10. App Mandatory GuidelinesYou shall not create unauthorized commercial apps (such as spam) using the Tramigo App;You shall not create any app with content that may defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not use content using confidential information;You shall not create any app using the Tramigo App to display violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos, videos or other content;You shall not create an app containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions;You shall not use the Tramigo Appto do anything unlawful, misleading, malicious, or discriminatory and you shall not use our service for any illegal or unauthorized purpose;You agree to comply with all laws, rules and regulations (federal, state, local and provincial or applicable regulations);You shall create an app that is useful and distinctive for the end user and you shall therefore refrain from building an app that is simply a mere copy of someone else's work;You will not use Tramigo to flood mobile stores or the web with low quality apps, clones of a poor concept that do not bring any value to an audience.11. Limitation of LiabilityIN NO EVENT SHALL TRAMIGO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSSES, COSTS OR EXPENSES OF ANY KIND RESULTING FROM POSSESSION, ACCESS, USE, INACCESSIBILITY OR MALFUNCTION OF TRAMIGOINC. OR THE SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF COMPUTER RESOURCES, BUSINESS GLITCH, DEFAMATION, OR LOSS OF DATA (NOTWITHSTANDING THAT WE MIGHT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.YOU SPECIFICALLY ACKNOWLEDGE THAT TRAMIGO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.12. Disclaimer of WarrantyTo the fullest extent permissible under applicable law, the Services are provided to you “as is,” with “all faults” and “as available,” without warranty of any kind. Tramigo Inc., and its affiliates, clients, agents, officers, licensors and/or distributors do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment, peaceful enjoyment, and any warranties emanating out of course of dealing or trade usage.Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.Tramigo Inc. expressly disclaims any representation or warranty that Tramigo Inc. complies with all applicable laws and regulations applicable to its jurisdiction.Henceforth you expressly fully comprehend and consent that it is your responsibility to determine compliance with variant laws, regulations, or customs that may apply in connection with your use of Tramigo Inc. 13. Limitation of DamagesTo the maximum extent permitted by law, User agrees to limit Tramigo’ liability for the User’s damages against us will be limited in respect of any one incident, or series of connected incidents, to the sum of direct damages award of $500.00 USD or the amount that the User has paid to Tramigo during the last 12-month period, whichever is lower. This limitation shall apply regardless of the cause of action or legal theory pled orasserted.These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.14. IndemnityTO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TRAMIGO INC., ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, 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; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICE; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (IV) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY; (V) ANY THIRD PARTY CLAIM ARISING OUT OF OR IN RELATION TO TRAMIGO INC.. OR OUR SERVICES OR USE THEREOF IN COMBINATION WITH ANOTHER PLATFORM, INCLUDING WITHOUT LIMITATION, ANY CLAIM TRAMIGO INC. OR THE SERVICES VIOLATE, INFRINGE, OR MISAPPROPRIATE ANY PROPRIETARY OR INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY PRIVACY RIGHT OF ANY PERSON.THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICE.WE WILL IMMEDIATELY NOTIFY YOU OF ANY SUCH CLAIM AND WILL PROVIDE YOU (AT YOUR OWN EXPENSE) WITH ASSISTANCE IN DEFENDING THE CLAIM.UNLESS OUR PRIOR WRITTEN CONSENT IS FIRST OBTAINED, YOU WILL NOT SETTLE ANY CLAIM THE DEFENSE OF WHICH WE NEED TO PARTICIPATE IN.WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVEDEFENSE OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT CIRCUMSTANCE, YOU WILL BE UNDER NO OBLIGATION TO DEFEND US IN THAT MATTER. 15. Disclaimer of WarrantiesTRAMIGO, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT THE USE OF THE SERVICES PROVIDED IS AT YOUR OWN RISK AND THAT TRAMIGO PROVIDES THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. TRAMIGO DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES.TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. WE EXCLUDE ANY WARRANTIES TO ANY REJECTION, FOR ANY REASON WHATSOEVER, OF THE MOBILE APPLICATIONS BY ANY ONLINE MOBILE APPLICATION STORE, MARKETPLACE OR THE LIKE.YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMSARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. TRAMIGO DOES NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DOES TRAMIGO GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.TRAMIGO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. TRAMIGO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICESOR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TRAMIGO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.16. General Provisions16.1 Governing Law & Venue:You agree that the Service shall be deemed solely basedin Delaware, United States of America. This Agreement shall be governed by the internal substantive laws of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and Tramigo Inc. that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Delaware. THIS AGREEMENT SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. This provision will survive the termination of any or all of your transactions with Tramigo Inc.16.2 Entire Agreement: If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use, together with the Privacy Policy and any other legal notices published by Tramigo on the Service, constitute the entire agreement between you and Tramigo and governs your use of the Service, superseding any prior agreements between you and Tramigo.16.3 Severability: If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties neverthelessagree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect.16.4 Amendment:Tramigo reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.16.5 No waiver:Tramigo’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Nowaiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.16.6 No Third-Party Beneficiary Rights:Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. These Terms of Use do not confer any third-party beneficiary rights. 16.7 NO CLASS ACTIONS:With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorneygeneral action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.16.8 Notices:We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within our Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.You agree to receive correspondence from us by email in accordance with these Terms and applicable law. You consent and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.16.9 Amicable Resolution:Before filing any claim against us, you agree to solve the dispute amicably by first emailingcontact@Tramigo.co.If we cannot resolve the disputeinformally via email, phone or other methods, within sixty (60) days of receipt of your first email, you or Tramigo may then bring a formal proceeding.16.10 Taxes:You are responsible for complying with all tax obligations associated with your account. It is important that you keep complete and accurate contact details in order for us to remit invoices, especially payment processing account details.16.11 No Relationship: You and Tramigo Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.16.12 No Embargo: You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A., European Union or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties or activities.16.13 Equitable remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, Tramigo Inc. will be irreparably damaged, and therefore you agree that Tramigo Inc. shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.16.14 Interpretation: In understanding or interpreting the terms of these Terms: (i) the headings of this document are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting these Terms.16.15 Force Majeure: Tramigo Inc. is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Tramigo Inc.’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any otherequipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.16.16 Assignment: These Terms will insure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest.Any rights not expressly granted herein are thereby reserved. We reserve the right, at any time, to transfer some or all ofTramigo Inc.’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.16.17 User Representations and Warranties:You hereby represent, warrant and covenant that: (i) your use of our Services, and all your uploaded and personal data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization; (ii) you have obtained all necessary rights, releases and permissions to provide any data to Tramigo Inc. and its affiliates, licensors and agents; and to grant the rights granted to Tramigo Inc. in these Terms, including without limitation any intellectual property rights or rights of publicity, privacy and any use, collection and disclosure authorized.16.18 Privacy:By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups.Using Tramigo Inc. means that you accept our Policy, regardless of whether you are a registered user or not.17. Governing Language From time to time, these Terms may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of our websites and our Services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.18. Contact UsIf you have any questions about these Terms, please contact us by visiting the Contact page on our website:Note that communications made by email or the “Contact Us” page does not constitute legal notice to the Tramigo Inc. entity.This page was last updated on June 2nd, 2021.