Effective since 12th of November of 2020
What’s covered in these terms
We are aware that Terms and Conditions are not the most interesting read for most people, but they are important because they outline both what you can expect from us as you use our products and services, and what we expect from you as well.
In these terms we explain to you how we run our business, what laws apply to our company, and how we will interact with you. Consequently, these terms help us to define our relationship with you on each interaction we have. For instance, these terms cover the following topics:
- What you can expect from us: i.e. how we provide and develop our products and services
- What we expect from you: i.e. here we establish certain rules for using our products and services
- What we build: i.e. here we describe the intellectual property rights to the products and services you find in our website
- In case of problems or disagreements: i.e. here we describe other legal rights that you have.
It is important that you fully understand these terms because you are agreeing to them by using our products and services. If you do not agree to these terms, you should stop using our products or services and also close your customer account.
Who we are
Tiktaalik Dev provides these products and services to you. When you do business with us, you are contracting with Rodrigo Gambra-Middleton (CEO) who is located in, and subject to the laws of, the Republic of Chile. Our postal address is:Gran Avenida J.M. Carrera 9580
El Bosque, Santiago
Chile, CP 8030005
If you’re under the age of 14, then you must have your parent or legal guardian’s permission to create an account in our website and to enter into any business operation with us. Please ask your parent or legal guardian to read these terms with you.
If you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for your child’s activities in our website and when dealing with us.
We do not knowingly collect or solicit personal information from anyone under the age of 14 or knowingly allow such persons to register for our services or products. Hence, if you are under 14, please do not attempt to register or send ANY information about yourself to us.
Your relationship with us
In these terms we hope to better define the relationship between you and Tiktaalik Dev. Esentially, we permit that you use our products and services if you agree to follow these terms.
Please note that when we speak of 'Tiktaalik', 'we', 'us' and 'our', we mean Tiktaalik Dev.
What you can expect from us
A range of useful products and/or services
We provide a range of products and services that are subject to these terms, including:
- Apps that help you receive payments online from your e-commerce store
- Apps that expand (known as extensions) the native capabilities of popular web applications
- Apps that allow you create bots in social media platforms
- Apps suitable for scientific purposes
- Apps suitable for georeferentiation and deployment in the cloud
- Website development and implementation of online stores
Improvement of our products and services
We’re driven to continually explore new technologies and features that may improve our products and services. For instance, some of our applications take advantage of integrating Google Maps to display georeferenced data, while others leverage the API of other websites and platforms. Over time, and as part of this continual improvement, we sometimes may add or remove features and functionalities, especially when we rely on interacting with an API or our software integrates with third-party applications.
If we make some changes that could negatively impact on your use of our products or services, or if we eventually stop offering any of them, we will place a notification in our website and maybe contact you directly by email in some cases.
What we expect from you
To follow these terms and any other specific additional terms
The permision we give you to use our products and/or services continues as long as you meet your responsibilities in:
- These terms
- Specific additional terms that may apply
- Software licenses that accompany our products
Please note that even though we provide a license for you to use our products, we retain any intellectual property rights over our own code.
Using our products or services
Your customer account
You can create a customer account when purchasing products or services from us, as long as you are older than 14 years old. We require a customer account to ensure that we are able to fulfil your purchase, as well as to allow us to record your contact information in case we ever need to reach you.
You are responsible for not sharing your account data with anyone you do not specifically authorise to act on your behalf. This means that you must take reasonable steps to keep your account and your password secure.
Using our products and services on behalf of an organisation
To use our products and services on behalf of an organisation, an authorised representative of that organisation must agree to these terms.
You are welcome to give us feedback to improve our products or services, and we may act on it though it would be without an obligation to you. In any case, we will endeavour to acknowledge your contributions in the most appropriate manner possible.
Some of our services include downloadable software. We give you permission to use that software according to the license that accompanies each product. This license might be proprietary sometimes, though most of the time we favour open-source licenses.
Please note that sometimes we may offer different licensing options depending on the intended use for our software, but whether a product is offered with one type of license or another, this does not implies a link between that license type and whether we decide to ask a fee for your purchase or we give it away without a charge.
In case of problems or disagreements
By law, you have the right to a certain quality of service, as well as to access ways to fix problems. These terms do not limit or take away any of those rights. For instance, you continue to enjoy all legal rights granted to consumers under the Chilean law.
We provide our products and services with care and reasonable skill. However, if somehow you are not satisfied with the quality level described in this warranty, hereby you agree to tell us what you think is the problem and we will work with you to try to amicably resolve the issue.
We make no other commitments about our products and services beyond those that are described in the Warranty section of this document, as well as those stated in the specific additional terms or that are established by Chilean laws.
Also, we do not provide any implied warranties, such as merchantability, fitness for a particular purpose and non-infringement.
For all users
These terms only limit our responsibilities as allowed by Chilean law. Specifically, these terms do not limit our liability for fraud, fraudulent misrepresentation, gross negligence or willful misconduct. However, we won’t be responsible for any other losses other than the rights and responsibilities described in this section, unless they’re caused by our breach of these terms or other specific additional terms.
For business users and organisations only
If you’re a business user or organisation, then you hereby agree that you will indemnify Tiktaalik Dev and its directors, officers, employees and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the products and services, or the violation of these terms or any other specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs and legal fees.
In particular, Tiktaalik Dev will not be responsible for the following liabilities in regard with your business:
- Loss of profits, revenues, business opportunities, goodwill or anticipated savings
- Indirect or consequential loss
- Punitive damages
Our total liability is limited to the fees that you paid to use our software or services, and only during the duration of your suscription or warranty period.
Suspending or terminating your access to our website
We reserve the right to suspend or terminate your access to our website, or to delete your customer account, whenever any of the following things happen:
- We are required to do so to comply with a legal requirement or a court order
- We reasonably believe that your conduct causes harm or liability to another user, a third party or us – for instance, due to your engagement in hacking, phishing, harassing, spamming, misleading others or by scraping content that doesn’t belong to you.
If you believe that your customer account has been suspended or terminated in error, you can appeal by clearly stating your case, in writing.
Settling disputes, governing law and courts
Chilean law will govern all disputes in relation to these terms or any other specific additional terms, regardless of conflict of laws rules. Therefore, any dispute will be resolved exclusively in the courts of the city of Santiago, in the Metropolitan Region of the Republic of Chile, and hereby you and us consent to personal jurisdiction in those courts.
About these terms
As stated above, you have certain rights under Chilean law that cannot be limited by a contract like these Terms and Conditions. Therefore, these terms in no way intend to restrict those rights.
These terms describe the relationship between you and Tiktaalik Dev and do not create any legal rights for other people or organisations, even if others benefit from that relationship under these terms.
In case that these terms conflict with the specific additional terms of any product or service, then those additional terms will rule for that product or service.
Also, if it turns out that a particular term is found by a court to be not valid or enforceable, this will not affect any other terms. Similarly, the eventuality that we do not take action right away whenever you might not follow these terms or any specific additional term does not mean that we are giving up any right that we might have of taking action in the future.
We may update these terms and other specific additional terms to adapt them to any changes in our products and services, or in how we do business (e.g. when we add new products, services, features, technologies, pricing or benefits). We could also update these terms as a result of legal, regulatory or security reasons, or when needed to prevent abuse or harm.
Finally, if we ever change these terms or other specific additional terms, we will provide a reasonable advance notice so you have the opportunity to review those changes. However, we will make an exception in cases like when we launch a new product, service or feature, or in urgent situations and when we must respond to legal requirements.