Terms of Service

Introduction

These terms of service describe the rights and obligations of the User and the Supplier in connection with the Service and form an essential part of a binding contract between them (words used in this introduction, including the words "User", "Supplier" and "Service", are defined below in section 1.1). If you are reading this text, there is a good chance that you may be about to become, or perhaps already are, a User. So please do consider these terms carefully as they are likely to affect your rights and obligations.

Interpretation

The following terms shall have the meanings ascribed to them below:

"Agreement" — the contract between the Parties, comprising the Terms, the Privacy Policy, and such other terms concerning the Service as the Parties may agree to;

"Customer" — anyone other than the Supplier that has a User Account. Each Customer is also a User (i.e., a particular type of User) and, unless the context otherwise requires, should interpret the term "Customer" as referring specifically to him;

"GDPR" — Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

"Intellectual Property" — any and all trademarks, service marks, domain names and business names, brands, rights pertaining to inventions, designs, databases and proprietary information (including, without limitation, trade secrets and know-how), patents, copyrights (including both economic as well as moral rights) and any and all other items treated as intellectual property or rights thereof under applicable law;

"Privacy Policy" — the Supplier's privacy policy, available at https://toggl.com/track/legal/privacy;

"Service" — depending on the context, either: (a) the Supplier's providing (i) the Software and/or (ii) one or more resources or other benefits for use in conjunction with the Software and/or (iii) technical support services concerning the foregoing; or (b) the above items collectively, any of them separately or any combination of any of them, notwithstanding that the item(s) in question may not consist in a service (as, e.g., in the case of locally installable Software);

"Service Plan" — a subscription, on the terms hereof, to a particular set of Features offered by the Supplier. A Service Plan may but need not have a specific name, such as, for example, "Free", or "Premium". The significance of such names, if any, is explained in the Documentation, as are other differences between Service Plans (such as which Features a given Service Plan includes, what are the main characteristics of these Features, the prices of Service Plans and, if relevant, the technical aspects in which Service Plans vary, e.g., in terms of their compatibility with third-party items). A Service Plan is required for each Organization and each Organization does come with a Service Plan. It is possible to switch from one Service Plan to another, thereby adding or removing Features in relation to the Organization;

"Software" — the Supplier's family tree charting software (currently branded Tree-Me) and such other Supplier-developed computer programs as the Supplier may make available in conjunction therewith, including such patches, updates, upgrades, other modifications and replacements thereof as the Supplier may from time to time provide. Each of the foregoing may take the form of an on-demand service, a local installation or a combination thereof;

"Subscriber" — in relation to each Service Plan, the Customer to whom the Service Plan belongs (which usually means the Customer who ordered the Service Plan);

"Supplier" — Tree-Me Charts Pty Ltd Trading as 'Tree-Me Charts', Australian Business Number 79956300361

"Terms" — these terms of service

"User" — anyone other than the Supplier that downloads, saves, installs, uses, accesses, interacts with, or is the recipient of the Service or possesses or controls, directly or indirectly, any item that forms part of the Service, including, without limitation: (a) the Customer; (b) anyone who performs any of the above acts on the Customer's behalf or through his User Account, whether authorised to do so or not; (c) anyone who accesses a resource (e.g., visits a web page or retrieves a file, information or other object) that is located on the Service or forms a part thereof; (d) anyone with a copy of any Software. Each User should interpret this term as referring specifically to him unless the context otherwise requires;

"User Account" — a Service user account whose purpose is to allow its holder to use one or more Features (i.e., enjoy the end-user benefits thereof);

"User Data" — any data, including Personal Data, that a User processes (e.g., collects, enters, records, stores, alters, arranges, deletes, uses, transmits, discloses or makes available) through a User Account or otherwise by means of the Service;

In these Terms: (a) the words "herein", "hereto", "hereof", "hereunder", "hereby" and "herewith" refer to the Agreement; (b) words denoting a gender or genders are to be construed as referring to all genders appropriate in the context; and (c) save where the context clearly otherwise determines, the word "item" means any legal object, i.e., anything tangible or intangible (including any electronic object and any right or other benefit) that is capable of being the object of a right, duty or a capacity.

This Agreement constitutes the entire contract between the Parties relating to the subject matter hereof, superseding all prior agreements and understandings of the Parties concerning that matter. If any provision of the Agreement conflicts with any Service-related information provided elsewhere, the provision in the Agreement shall prevail.

1. Acceptance of Terms

a. By (i) signing-up for a membership, service or a subscription, (ii) using this product with online functionality, this web site ( “Site”) or other online service of Tree-Me Tree-Meration, its affiliates and agents (“Tree-Me”) with links to these Terms of Use (the “General Terms”) (collectively, the “Services”) in any way, including using, transmitting, downloading or uploading any Materials (as defined below) made available or enabled via the Services by Tree-Me , or (iii) merely browsing the Services, you agree that you have read, understand and agree to these General Terms and the Tree-Me Online Privacy Policy at https://www.Tree-Me.com/privacy, which is incorporated herein by reference. “Materials” means any content made available or enabled by Tree-Me or its licensors, and includes, without limitation, any information, data, documents, images, photographs, graphics, audio, videos, or webcasts, products, and Tree-Me software code and associated documentation (“Software”).

b. You may not use the Services if you are prohibited by Law (as defined below in Section 2(c)) from receiving or using the Services. Unless expressly stated in the Additional Terms for any given Service, you may not use the Services unless you are fully able and competent to enter into the conditions, obligations, representations and other terms of these General Terms and are either of legal age to form a binding contract with Tree-Me, possess legal parental or guardian consent or are an emancipated minor. In particular, unless expressly stated in the Additional Terms for any given Service, you affirm that you are over the age of 13 and acknowledge that these Services were not intended for children under 13.

c. Tree-Me makes certain Services and Materials available only if you have paid a fee in addition to a software license fee or have provided Tree-Me certain registration information and/or created a Tree-Me.com account with ID and password or other log-in ID and password (collectively, “Account Information”). Some Services may also be subject to a subscription or other agreement, posted guidelines, rules, or terms of service (“Additional Terms”). If there is any conflict between the General Terms and the Additional Terms, the Additional Terms take precedence in relation to that Service. The General Terms and any applicable Additional Terms and all other documents incorporated by reference in these General Terms are referred to herein as the “Terms”.

d. Tree-Me may change the Terms from time to time at its sole discretion, including by imposing a charge for access to or use of a Service. If such changes are made, Tree-Me will make a new copy of the General Terms available at https://www.Tree-Me.com/tos, with any new Additional Terms made available to you from within or through the affected Service. Tree-Me may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. Otherwise, your continued use of any affected Service constitutes your acceptance of the changes. Your use of the Services is subject to the most current version of the Terms posted on or through the affected Service at the time of such use. It is your responsibility to regularly check https://Tree-Me.com/terms-of-service to review the current General Terms and Addition Terms.

2. Use of Services and Materials.

a. You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the Services.

b. You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Tree-Me immediately. You may not use another person's Account Information. Tree-Me may require that you change your Account Information or certain parts of your Account Information at any time for any reason.

c. You agree to use the Services and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) (“Law”).

d. You agree not to access or attempt to access the Services by any means other than the interface provided by Tree-Me or circumvent any access or use restrictions put into place to prevent certain uses of the Services.

e. You agree to keep a valid, up-to-date, and regularly monitored email address with your Account Information as Tree-Me might be providing you timely notifications related to your memberships, subscriptions and services covered by these Terms Of Service such as auto-renewal notification and new benefits related to your membership and/or subscription.

3. Ownership.

a. The Services and Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the “Intellectual Property Rights”). Except as expressly provided in the Terms, Tree-Me and its suppliers do not grant any express or implied rights to use the Services and Materials.

b. The trademarks, logos and service marks displayed on the Services (the “Marks”) are the property of Tree-Me or third parties. You are not permitted to use the Marks without the prior consent of Tree-Me or the third party that may own the Marks. Please refer to the posted trademark information at https://www.Tree-Me.com/trademarks for information regarding Tree-Me Marks.

4. Use of Software.

Any Software that is made available via the Services is the property of Tree-Me and its licensors and suppliers. If the Software made available via the Services is accompanied by license terms, then use of such Software is governed by the terms of such license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the hyperlinks referenced in the Software. Some license terms are available for review at https://www.Tree-Me.com/eula. Other license terms may only be posted with the Software downloads or at the web page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If there is any conflict between these Terms and the license agreement provided with such Software, the license agreement shall take precedence in relation to that Software; except only that if the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes. For clarity, your use of the Software is also subject to the disclaimers and limitations in Section 10, below and your compliance with the export control provisions of Section 13.

5. Modifications to Services and Materials, Service Interruptions.

a. Tree-Me may at any time and from time to time modify or discontinue, temporarily or permanently, the Services or Materials, or any portion thereof, with or without notice. You agree that Tree-Me shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services or Materials.

b. There may be unanticipated interruptions in the availability of the Services or Materials, or any portion thereof. You agree that Tree-Me shall not be liable to you or any third party for such interruptions regardless of the duration of the interruption. Notwithstanding the foregoing, Tree-Me will use commercially reasonable efforts to remedy any such interruption expeditiously.

6. Termination.

a. The Terms will continue to apply until terminated by either you or Tree-Me as set forth below.

b. If you want to terminate your agreement with Tree-Me, you may do so by (i) notifying Tree-Me at any time and (ii) closing your account for all of the Services or Materials that you use, uninstall software, and remove all backups of software. Closing your account and terminating your agreement with Tree-Me can be done by contacting the Tree-Me Customer Service at https://www.Tree-Me.com/contactus.

c. Tree-Me may at any time terminate the Terms (or portion thereof, such as any individual Additional Terms) with you if:

i. You have breached any provision of the Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);

ii. Tree-Me is required to do so by Law (for example, where the provision of the Services or Materials to you is, or becomes, unlawful);

iii. The provision of the Services to you by Tree-Me is, in Tree-Me's opinion, no longer commercially viable;

iv. Tree-Me has elected to discontinue the Services or Materials (or any part thereof); or

v. You do not pay to Tree-Me, when due, subscription amounts required to maintain your rights to the Services and Materials hereunder.

d. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of your account may include: (i) removal of access to all offerings within the Services; (ii) deletion of Account Information, including your personal information, Tree-Me.com log-in ID and password, and all related information,; and (iii) barring of further use of the Services.

e. You agree that all terminations for cause shall be made in Tree-Me's sole discretion and that Tree-Me shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your Account Information), or access to the Services and Materials.

f. Upon expiration or termination of the Terms, you shall promptly discontinue use of the Services and Materials. However, any of Tree-Me's disclaimers or limitations of damages of liabilities hereunder and Sections 2, 3, 6-9, 10, 12, and 14-16 will survive any termination or expiration of the Terms.

7. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

a. THE SITE, SERVICES, SOFTWARE, AND MATERIALS ARE PROVIDED BY TREE-ME “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TREE-ME MAKES NO WARRANTY THAT (I) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TREE-ME OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

b. TREE-ME SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES AND YOUR USE OF MATERIALS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TREE-ME ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES.

c. Tree-Me is not be liable for any loss that you may incur as a result of someone else using your password or account or account information in connection with the site or any services or materials, either with or without your knowledge.

d. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

8. International Users

a. The Services can be accessed from various countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that Tree-Me intends to announce such Services or Materials in your country.

b. These Services are controlled, operated and administered by Tree-Me. Tree-Me makes no representation that the Services or Materials are appropriate or available for use by you in your location, and access to the Services from jurisdictions where the Services or Materials are illegal is prohibited. Tree-Me reserves the right to block access to the Services or Materials by certain users and/or locations around the world. You are responsible for compliance with all local Laws.

9. Limitation of Liability.

a. IN NO EVENT SHALL TREE-ME, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF TREE-ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE TREE-ME'S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF TREE-ME OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.

10. Indemnity and Liability.

You agree to indemnify and hold Tree-Me and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of the Services or Materials, your connection to the Services or Materials, your access to or use of Linked Sites and your connections therewith, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.