Terms of Service

LAST UPDATED: 3rd March 2022

Thank you for using Tugger. By using Tugger, you agree to our Terms of Service, which are intended to create a legal agreement between us and you. If you are using Tugger for an organisation, you are agreeing to these Terms on behalf of that organisation. Our Terms of Service apply to your use of Tugger and the Services.

Definitions

When we say, “we,” “our,” or “us,” we are referring to Tugger Limited, a company registered in England and Wales under company number 13220093 whose principal office is at Clarence Mill Business Centre, Clarence Road, Bollington, Macclesfield, Cheshire, SK10 5JZ.

When we say “you” or “your,” we are referring to the person or entity that is registered with us to use the Services.

When we say “Terms,” we mean these Terms of Service, together with our Data Processing Agreement, which shall form part of these Terms."

When we say “the Services,” we mean the subscription services, standard or bespoke reporting templates and any other ancillary services or software products supplied by us relating to and including your use of Tugger, as described on and accessed via the Website .

When we say "Tugger" we mean our Tugger software applications and any ancillary applications and content to which you are granted access as part of the Services, including all updates and modifications thereof and whether such access is online or otherwise.

When we say “Website,” we mean our website located at tuggerapp.com and such other websites as we may notify to you for the purpose of providing the Services.

When we say “information,” we mean all of the different forms of data that you provide to us and that we may collect from you from you in performing the Services.

General Rules

To use Tugger, you must (a) complete the registration process; (b) provide current and accurate information; (c) agree to and comply with these Terms; and (d) pay any applicable fees. By agreeing to these Terms you warrant that you have the right and capacity to enter into the legal agreement contained in these Terms on behalf of your organisation or entity.

Subject to the above, we grant you a non-exclusive, non-transferable, limited right to use Tugger in accordance with these Terms.

In using Tugger,

You are responsible for all content you provide and your activities on Tugger;
You must use Tugger in compliance with all applicable laws, rules, and regulations;
You must not use Tugger to solicit the performance of any activity which infringes our rights, the rights of others or any applicable laws, rules or regulations;
You must not use Tugger to upload, store, transmit, or otherwise distribute any objectionable content, as determined solely by us, or any virus or device which may impair or adversely affect the operation of the Services;
You must not resell or allow Tugger to be made available to any third party, or otherwise commercially exploit Tugger;
You must not copy, reproduce, alter, modify, resell, mirror, or create derivative works of Tugger, or any of the content on our Website, without our written permission; and

If you breach any of the above, or any other obligations in these Terms, we may immediately suspend your access to Tugger or any of the Services and/or cancel your subscription. Your actions may also subject you to legal consequences.

Tugger interoperates with a range of third party service features. We do not give any warranty or representation in relation to the services of any third party and the availability of and your use of those third party services and features is at your own risk. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on what we consider to be reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.

It may be necessary for you to upload additional software to enable you to use Tugger. Where we do this on your behalf, this will form part of the Services and be subject to these Terms and in particular the below sections entitled Representations and Warranties and Limitation of Liability.

It is your responsibility to back up your IT systems and data and this should be done immediately before the Services commence. We are not responsible for any loss of use or corruption of software, data or information however caused.

Intellectual Property

You acknowledge that we own all rights in Tugger and the Services, including any enhancements or modifications made at your request or paid for by you.

We acknowledge that you own all rights in the information you upload to Tugger or provide to us as part of the Services.

Passwords and Accounts

You are responsible for keeping your account name and password confidential. You agree to notify us immediately of any unauthorised use of your account(s). We are not responsible for any losses due to stolen or hacked passwords.

Fees and Payment Terms

The free trial offer entitles new, registered users to a fourteen (14) day free trial of the Services.

After the free trial has ended and provided you have not cancelled your subscription, you agree to pay the applicable fees as shown on the Website or as otherwise agreed between us for your continued use of the Services.

All fees quoted are exclusive of value added tax or any other applicable sales tax which will be added to the fees and included in our invoice. Invoices will be issued monthly for monthly subscriptions and annually for annual subscriptions. All invoices will be issued in advance and are payable upon receipt.

A valid credit card or some other suitable form of payment will be required from you and you authorise us to charge you any applicable fees you may incur in connection with your use of the Services, plus value added tax or other sales tax where applicable.

For all accounts, there are no refunds or credits for changes to your account.

We reserve the right to change our fees on giving not less than thirty (30) days’ notice. Such notice may be provided at any time by posting the changes on the Website or by email.

Cancellation

You are solely responsible for the proper cancellation of your subscription. You may cancel your subscription at any time by going to the Website and closing your account. An email request to cancel your subscription will not be effective unless we specifically agree otherwise.

There is no cancellation fee but we will keep any payments made prior to cancellation of your subscription.

We may also cancel your subscription at any time on giving not less than thirty (30) days’ notice. We will give you such notice by email.

In the event of cancellation for any reason,

(i) your access to Tugger and the Services will be immediately disabled,
(ii) all rights to use Tugger or the Services will come to an end, and
(iii) your account and information cannot be recovered once the account is closed. We will delete any of your information or data held by us, save for that information we are required to keep for legal or audit purposes. For the avoidance of doubt any electronic data shall be considered deleted, for the purpose of this clause, where it has been put beyond use.

Indemnification

You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including legal fees) made against us by any third party due to or arising out of or in connection with your use of Tugger and/or the Services.

Representations and Warranties

You acknowledge that Tugger has not been developed to meet your individual requirements, including in particular any cybersecurity requirements.

We will use our reasonable endeavours to ensure that Tugger works correctly and will perform the Services with reasonable care and skill and in accordance with all applicable laws but Tugger and the Services are provided on an “as is” and “as available” basis.

Save as specifically set out in these Terms, we do not give any warranties or other assurances in relation to Tugger or the Services and to the fullest extent permitted by applicable law, all warranties, conditions or other terms implied by statute or common law are excluded, including, but not limited to, any warranties that: (i) Tugger or the Services will meet your specific requirements; (ii) your use of Tugger or the Services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of Tugger or the Services will be accurate or reliable; (iv) the quality of the Services or of any information obtained by you through Tugger will meet your expectations; (v) Tugger will be compatible with any third party software or services; and (vi) any errors in Tugger or the Services will be corrected.

In particular, it is your responsibility to check any results or reports obtained from the use of Tugger or the Services and to advise us of any errors so that we can take steps to prevent similar errors from occurring in the future.

Changes to Tugger

We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate the operation of or access to Tugger or the Services, or any portion of them; (2) to modify or change Tugger or the Services, or any portion of them, and (3) to interrupt the operation of Tugger or performance of the Services , or any portion of them, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

To the fullest extent permitted by law, you assume full responsibility for and we are not liable for: (i) any loss of profits; (ii) indirect or consequential losses; (iii) loss of sales or business; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) business interruption; or (vii) any exemplary or punitive damages.

We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to the Services, your use of Tugger and any linked sites and services. Your sole remedy against us for dissatisfaction with the Services is to stop using the Services. This limitation of relief is a part of the bargain between you and us.

The preceding disclaimers apply to any damages, liability, or losses whether for breach of contract, tort, negligence or any other cause of action.

If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damages, liability or losses which arise out of or is in any way connected with the Services, our maximum aggregate liability shall not exceed what you have paid us for the Services in the previous 12 months.

Force Majeure

You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control. To avoid doubt, and without prejudice to the previous sentence, we are not liable for any delays or failures caused by a lack of network capacity, default or failure of a third party including any telecommunications network provider or their telecommunications systems and a failure or shortage of power supplies.

Publicity

You grant us the right to refer to you as a user of Tugger and to use your company name and logo for marketing or promotional purposes on our Website and in other public or private communications with our existing or potential customers, subject to your standard trademark usage guidelines as provided by you to us from time-to-time. If you do not want us to refer to your name and logo as a user of Tugger, please let us know by emailing us at [email protected].

Personal Information

Under data protection legislation, we are required to provide you with certain information about who we are, how we process the personal data of those individuals who use Tugger and the Services and for what purposes and those individuals’ rights in relation to their personal data and how to exercise them. This information is provided in Privacy and it is important that you read that information.

We are also required, under data protection legislation to enter into a contractual agreement with you in relation to the storage and processing of any personal data in the performance of the Services and this agreement is provided at Data Processing Agreement which shall be deemed to be incorporated into these Terms.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of England and Wales and that the courts of England and Wales will have the exclusive right to settle any dispute or claim.

Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is deemed to have been waived.

Severability

If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.

Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

No Waiver

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of Tugger, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms).

Amendments

We reserve the right, at our sole discretion, to amend these Terms at any time. Amendments will be effective once we post the revised Terms on the Website or email them to you. Your continued use of Tugger following the amendments will mean that you accept and agree to the amendments.