User Agreement

1. Introduction

1.1 Contract

When you use our Services, you agree to all of these terms. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

By creating a Tiktraq account or accessing or using our Services, you are agreeing to enter into a legally binding contract with Tiktraq LLC ("Tiktraq," "we," "us"). If you do not agree to this Contract, do not create an account or use our Services.

1.2 Services

This Contract applies to the Tiktraq mobile app, Tiktraq.com, and other related sites, apps, and services provided by Tiktraq (collectively, "Services").

1.3 Changes

We may modify this Contract and our Privacy Policy from time to time. If we make material changes, we will provide you notice through our Services or by other means. Your continued use of our Services after we publish or send a notice about our changes means that you are consenting to the updated terms.

2. Obligations

2.1 Service Eligibility

The Services are not for use by anyone under the age of 16. To use the Services, you agree that:

• You must be the "Minimum Age" (16 years old) or older;
• You will only have one Tiktraq account, which must be in your real name or business name; and
• You are not already restricted by Tiktraq from using the Services.

2.2 Your Account

You agree to:

• Try to choose a strong and secure password;
• Keep your password secure and confidential;
• Not transfer any part of your account (e.g., connections); and
• Follow the law and our "Dos and Don'ts" below.

You are responsible for anything that happens through your account unless you close it or report misuse.

2.3 Payment

If you buy any of our paid Services (e.g., Premium Subscription), you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in the termination of your paid Services.

• Payment Processing: We use third-party payment processors (e.g., Stripe, Apple App Store, Google Play Store). Your payments are subject to their terms and conditions.
• Subscriptions: Your subscription automatically renews unless you cancel it at least 24 hours before the end of the current period.
• Refunds: Refunds are subject to the policies of the platform you purchased through (Apple or Google) or our specific refund policy if purchased directly.
• Price Changes: We may modify our prices prospectively with notice.

2.4 Notices and Messages

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number). You agree to keep your contact information up to date.

3. Rights and Limits

3.1 Your License to Tiktraq

You own the content and information that you submit or post to the Services (e.g., expense receipts, client notes), and you are only granting Tiktraq a non-exclusive license to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

1. We use your content to provide the Services (e.g., to generate tax reports, visualize routes).
2. We will not include your content in advertisements for the products and services of others without your separate consent.
3. We will get your consent if we want to give others the right to publish your posts beyond the Service.

3.2 Service Availability

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

We do not promise to store or keep showing any information and content that you’ve posted. Tiktraq is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

4. Disclaimer and Limit of Liability

4.1 No Warranty

TIKTRAQ AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TIKTRAQ AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Specific Disclaimer on Tax/Legal Advice: Tiktraq is a productivity tool. We do not provide legal, tax, or accounting advice. You should consult your own professional advisors for such advice. Calculations for mileage deductions are estimates based on standard rates and your inputs.

4.2 Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TIKTRAQ, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT), OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

TIKTRAQ AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO TIKTRAQ FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.

5. Termination

Both you and Tiktraq may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

• Our rights to use and disclose your feedback;
• Members' and/or Visitors' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
• Sections 4, 6, 7, and 8.2 of this Contract;
• Any amounts owed by either party prior to termination remain owed after termination.

6. Governing Law and Dispute Resolution

You and Tiktraq agree that the laws of the State of Delaware, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Tiktraq both agree that all claims and disputes can be litigated only in the federal or state courts in Delaware, USA, and you and Tiktraq each agree to personal jurisdiction in those courts.

7. Tiktraq "Dos and Don'ts"

7.1 Dos

You agree that you will:

• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
• Provide accurate information to us and keep it updated;
• Use your real name on your profile; and
• Use the Services in a professional manner.

7.2 Don'ts

You agree that you will not:

• Create a false identity on Tiktraq, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
• Develop, support or use software, devices, scripts, robots or any other means or processes to scrape the Services or otherwise copy profiles and other data from the Services;
• Override any security feature or bypass or circumvent any access controls or use limits of the Services;
• Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties, without the consent of Tiktraq;
• Disclose information that you do not have the consent to disclose (such as confidential information of others);
• Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
• Violate the intellectual property or other rights of Tiktraq, including using the word “Tiktraq” or our logos except as provided in the Brand Guidelines;
• Post anything that contains software viruses, worms, or any other harmful code;
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services;
• Imply or state that you are affiliated with or endorsed by Tiktraq without our express consent;
• Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Tiktraq's consent;
• Use bots or other unauthorized automated methods to access the Services;
• Monitor the Services' availability, performance or functionality for any competitive purpose;
• Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
• Overlay or otherwise modify the Services or their appearance;
• Interfere with the operation of, or place an unreasonable load on, the Services.

8. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.

9. How To Contact Us

For general inquiries, you may contact us online at tiktraq@gmail.com. For legal notices or service of process, you may write us at our designated agent address.