Terms of Service.
Last Modified: 05.01.2023
INTRODUCTION. These Terms of Use are entered into between You and Tayst LLC (“Company” “Tayst” “we” or “us”).
PARTIES. The term “you” or “your” refers to any user, purchaser, member, or visitor of www.taystsocial.com (“the Website and Application”), including any content, services, functionality, mobile applications, downloadable materials, products, and services (“the Services”). By using the Website and Application, you agree that you are at least eighteen (18) years old and eligible to form a binding contract with the Company. Collectively, you and Company will be referred to as “the Parties.”
ACCEPTANCE OF TERMS OF USE. These Terms and Conditions “Terms of Use” control how you can use and access the Website, Application, and Services. The Terms of Use are legally binding, and it is your responsibility to read them before you begin to use the Website, Application, or Services. By using and/or visiting this Website, Application, and Services, you accept and agree to be bound and abide by these Terms of Use and our [Privacy Policy], which is incorporated herein by reference.
MODIFICATIONS TO THE TERMS OF USE. We reserve the right to update or change the Terms of Use at any time in our sole discretion. All changes are effective immediately once posted to the Website and apply to all access to and use of the Website thereafter. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes. The “last modified” date at the top of this page reflects the last date changes were made to the Terms of Use.
PRIVACY. You agree that all information you provide to on the Website, Application, and Services, including, but not limited to, through the use of any interactive features on the Website, Application, and Services, is governed by our [Privacy Policy], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
ACCESS AND USE OF WEBSITE AND APPLICATION. Company reserves the right to modify or discontinue the Website, Application, or Services, or any part thereof, temporarily or permanently, with or without notice. You agree that Company will not be liable if for any reason all or any part of the Website, Application, or Services are unavailable at any time or for any period.
YOUR ACCOUNT. If you are provided with a username, password or any other account information, you must treat such information as confidential. You may not provide your username, password or other account information to another person or provide any other person with access to the Website or Services using your username, password, or other security information. You agree to notify us immediately of any authorized access to or use of your account, username or password. You agree to exit your account at the end of each session and exercise caution when accessing an account from a public or shared computer so that others are not able to view or record your personal information. Certain portions of the Application (such as profile connections) may not be accessible if you have not registered for an Account.
INTELLECTUAL PROPERTY RIGHTS. All content and features on the Website, Application, and Services, including but not limited to information, software, images, text, designs, graphics, video, audio, and the arrangement thereof, are owned by the Company, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws. The Company name, applicable trademarks, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You may not use such trademarks or other intellectual property belonging to the Company without the prior written consent of the Company.
TAYST RULES. By using the Website, Application, or Services, you must:
1. Be at least eighteen (18) years old; and
2. Be legally permitted to use the Application by the laws of your home country;
3. Not be a registered sex offender;
4. comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
5. Use your real name in creating your Company account and on your profile; and
6. Use the services in a professional manner.
You agree that you will not:
1. act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
2. use another person’s account, personal information or share your account without the other’s permission;
3. misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;
4. disclose information that you do not have the consent to disclose;
5. stalk or harass any other user of the Application;
6. create or operate a pyramid scheme, fraud or other similar practice;
7. develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins, and add-on or other technology) to scrape or otherwise exfiltrate from Company or its services, or otherwise copy profiles and other data from the services; or
8. access, tamper with, or use non-public areas of the Website, Application, Services, or our systems.
DIFFERENT TYPES OF CONTENT. When you use the Website, Application, or Services, you’ll find three main types of content:
1. Your Content: This includes the things you share, like your own posts and pictures. It includes but is not limited to all posts, comments, messages, code, video, images, information, data, text, software, music, sound, photographs, graphics, and other material submitted by you (“Your Content”).
2. Others’ Content: This refers to the things that other people share. It includes but is not limited to all posts, comments, messages, code, video, images, information, data, text, software, music, sound, photographs, graphics, and other material submitted by other users (“Others’ Content”).
3. Our Content: This is the content provided by Tayst (“Our Content”).
Here are some important things to know about each type of content:
Your Content:
1. Your content must follow and comply with these Terms. You are responsible for what you post.
2. By default, unless you pay and choose to stay in our premium feature, Incognito Mode, your content will be visible to all other users on the Application. Because of this, you may not share any sensitive personal contact information, like names, addresses, phone numbers, or bank details, on your profile or publicly on Tayst.
Your Conduct and Content:
These User Conduct Standards apply to all Your Content that you upload, publish, email or display via the Services, Application, or on the Website. You are solely responsible for all Your Content that you upload, publish, email or display via the Service, Application, or on the Website. Your Content must comply with all applicable federal, state, local, and international laws and regulations.
We want everyone to express themselves and share their Tayst, but we have some rules to keep things friendly and safe. We don’t allow content that might be offensive, inappropriate, or harmful to others. We also don’t want any illegal activities or spam on the Application. Lastly, pretending to be someone else is not cool, so using a fake name is not allowed.
Because of this, Your Content must not:
1. Infringe on any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity;
2. Contain software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or pose or create a privacy or security risk to any person;
3. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
4. Contain any material that is defamatory, obscene, indecent, pornographic, vulgar, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
5. Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person;
6. Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; vii) Solicit personal information from anyone under the age of 18;
7. Promote any illegal activity or unlawful act;
8. Impersonate any person or entity, or misrepresent your identity or affiliation with any person or organization;
9. Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
10. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Company reserves the right to remove or disable access to any of Your Content or Others’ Content for any or no reason, including content that, in its sole discretion, Company determines violates these Terms of Use. The Company is not responsible for Your Content or Others’ Content nor does it endorse any opinion contained in any Your Content or Others’ Content. You will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind (including attorney’s fees) arising out of any claims related to Your Content.
Content that contains the following is prohibited:
1. contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
2. is obscene, pornographic, violent or otherwise may offend human dignity (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
3. is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
4. encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
5. is defamatory or libellous;
6. relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
7. involves the transmission of “junk” mail or “spam”;
8. contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Company or otherwise;
9. itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
10. shows another person which was created or distributed without that person’s consent;
11. is harmful to minors; or
12. Impersonates any other person, including falsely stating your name.
Keeping the app safe and enjoyable for everyone is important to us. We have a system in place, which includes both automated processes and a team of moderators, to check user accounts and their activity. This includes reviewing content, photos, information on profiles, and messages. We do this to make sure everyone follows our Terms of Use.
If you come across any abusive content or want to report a problem, you can contact us at contact@taystsocial.com. We reserve the right to investigate any violations of these terms, user rights, or the rights of third parties. In certain cases, we may immediately terminate a user’s right to use the app without prior notice.
If we find that an account, profile, or message is not in compliance with our Terms of Use, we will take action. Usually, we will give a warning to the user and restrict their access to certain features. However, we may, in our sole discretion, decide to suspend or terminate an account permanently or temporarily. We don’t take this lightly, but we have the right to do it without giving you advance notice. If you think there’s been a mistake, you may contact Company at contact@taystsocial.com to contest any account restrictions. Our main concern is to keep the app a safe place for everyone. We want to make sure everyone has a positive experience.
By submitting Your Content onto our Website, Application, or Services, you agree that we have a non-revocable commercial license to republish your submission in whole or in part, unless you explicitly state in writing that we do not have such permission.
Others’ Content:
1. The content shared by other members belongs to them.
2. You cannot copy or use Others’ Content or information, send them spam, bother them, infringe on their intellectual property rights, or make threats. Misusing Others’ Content or information can lead to your account being terminated.
SAFETY AND BEHAVIOR OF USERS. Tayst’s top priority is to keep our community safe, and we will take appropriate measures when necessary. Remember, it’s always a good idea to use caution and be aware of who you interact with online. COMPANY CANNOT AND DOES NOT MAKE ANY GUARANTEES, REPRESENTATIONS, OR WARRANTIES AS TO THE BEHAVIOR OF ANY OF ITS USERS. YOU UNDERSTAND THAT COMPANY DOES NOT PERFORM CRIMINAL BACKGROUND CHECKS ON ITS USERS OR INVESTIGATE THEIR BACKGROUNDS. HOWEVER, COMPANY RESERVES THE RIGHT TO INVESTIGATE ITS USERS, AS WELL AS CONDUCT BACKGROUND CHECKS AND OTHER SCREENINGS ON ANY USER AT ANY TIME FOR ANY REASON.
NO REPRODUCTION. You may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material on the Website, Application, or Services.
COPYRIGHT INFRINGEMENT NOTICE. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Tayst LLC of your claim at as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). To be effective your notification must be in writing and include the following information:
a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
b. Identification of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
d. Your address, telephone number and email address;
e. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.
REPEAT INFRINGER POLICY. We take copyright infringement seriously. In accordance with the DMCA and other applicable law, the Company has a policy of terminating the user accounts of repeat infringers. We may also at our sole discretion limit access to the Website, Application, or Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
WEBSITE FOR PERSONAL USE. The Website, Application, and Services are to be used solely for personal and non-commercial use. You may not use the content or other materials for any commercial purpose or for any noncommercial or commercial public display.
FEES. Our fees for our products are set forth on the Website and Application. We reserve the right to change our fees at any time.
PAYMENT POLICY. You agree and warrant that all payment instruments, credit cards and related information, i.e. billing address, used in connection with any product or service that is provided for a fee, are correct and that you are authorized to use such payment instrument. With regard to any payment plan, you agree to pay Company the amount specified in the payment plan in accordance with the terms of such plan and this Terms of Use. You hereby authorize Company to bill your payment instrument in accordance with the terms of the applicable payment plan.
a) Subscriptions and Auto-Renewal. If you have an automatically renewing subscription (“Premium Services”), it will renew at the end of each period at Company’s then-current price unless you cancel it before then. To avoid charges, make sure to cancel before the current subscription ends. Deleting your account or the Application itself won’t cancel your subscription. If Company changes its pricing, you will be notified of any price changes and have the option to cancel.
b) Canceling Subscriptions. If you bought a subscription directly from Company, you can cancel or change your payment method in your Profile Settings. If you purchased through a Third-Party Store like Apple App Store or Google Play Store, you will need to follow their instructions to cancel in your third-party account. If you cancel, you can still use your subscription until the end of the paid period, but you will not receive a refund, and your account will not renew at the end of the paid period.
c) Free Trials. If you sign up for a free trial and do not cancel, your trial will turn into a paid subscription and you will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period. Deleting your account or deleting the application from your device does not cancel your free trial. You cannot get more than one free trial.
d) In-App Purchases. You can buy products and services within the Application (“In-App Purchases”). Examples of In-App Purchases include: (1) “Skip the Wait;” (2) “Spotlight;” “Boost an Event or Community or Hotspot;” and “Tayst + Subscription.” If you decide to make an In-App Purchase, additional terms may apply, and we will inform you about any additional terms when you make the purchase. Any and all additional terms of purchase are incorporated herein by reference. You can pay through a third-party platform or with your credit/debit card or PayPal account. Once you make an In-App Purchase, you authorize the company to charge your chosen payment method. If payment is not received, you agree to promptly pay all amounts due upon demand. Otherwise, your account may be terminated. Remember, it is important to understand the payment terms and manage your subscriptions and purchases accordingly.
REFUND POLICY. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. However, if you live in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the terms below apply:
a) You can cancel your subscription without any penalties or obligations within three (3) business days after you signed up. If you die before your subscription ends, your family can get a refund for the time after your death. If you become disabled and can’t use the service anymore before your subscription ends, you can also get a refund for the time after your disability. Just let the company know the same way you would ask for a refund.
b) To receive a refund under this section, you must cancel your account and ask for a refund. You can do so by canceling your account in Settings and emailing contact@taystsocial.com. However, if you signed up using your Apple ID, you need to contact Apple for a refund. Go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction, and click “Report Problem” You can also make a refund request at https://getsupport.apple.com.
TAXES. For purposes of this Agreement, “Sales Tax” means a tax on sales or any other tax or fee that works the same way as a sales tax if where you live does not have a sales or use tax. The money you pay for the Premium Services does not include any Sales Tax you might need to pay. If Company is obligated to collect Sales Tax from you according to the law, we will add it to the amount you need to pay. If any of the Premium Services or payments for them are subject to Sales Tax in your area and you have not paid it, you will have to pay it along with any penalties or interest to the tax authority.
CHARGEBACKS. You agree that you will request a refund prior to requesting a chargeback with your financial institution. In the event you attempt to acquire a chargeback, you will forfeit access to products and services from and by the Company. We may present proof of your consent to these Terms of Use and your access to the products and services to the financial institution.
THIRD-PARTY WEBSITE LINKS. If Company, its Website, Application, or Services provide links to other sites and resources provided by third parties, including links in advertisements or sponsored links, these links are provided solely for your convenience. Company cannot control the contents of third-party websites, and if you choose to access third-party websites, you do so at your own risk. Company is not responsible for and does not endorse such third-party sites. You agree that Company will not be liable for any loss or damage that may arise from your use of them.
SOCIAL NETWORKING SERVICES. You may be able to enable or log into the Service via various online third-party services, such as social networking services (“Social Networking Services”). Any information you provide to Social Networking Services that is provided to us will be used stored and disclosed by us in accordance with our [Privacy Policy]. The manner in which your information is used, stored and disclosed by Social Networking Services is governed solely by the policies of such third parties, and Company has no liability or responsibility for the actions of such third parties.
MOBILE SERVICES. The Application and Service may include certain services that are available via mobile device “Mobile Services.” To the extent you access the Application or Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text messages or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
PUSH NOTIFICATIONS. We may send you emails, text messages, push notifications, alerts, and other messages about the Application and the services provided by Company. You have the right to accept or deny these notifications. When you download the Application, you’ll be asked if you want to receive notifications. If you say no, you will not receive these notifications. If you say yes, you will automatically receive them. If you change your mind later and don’t want to receive these notifications anymore, you can opt-out by doing so in your mobile device’s notification settings. For other types of messages like emails or text messages, you can unsubscribe by following the instructions in those messages or by emailing us at contact@taystsocial.com.
LOCATION SERVICES. Company may offer you certain content, products, services, materials, and other opportunities based on your location. To do this, the Application will use different methods to find your location, like GPS, Bluetooth, or software in your mobile device. If you disable GPS, Bluetooth, or location settings on your device or do not allow the Application to access your location data, you will not be able to access content, products, services, or materials that are specific to your location.
DELETING YOUR ACCOUNT. If you ever want to delete your Account, it’s easy to do. Just follow these steps:
1. Go to the “Settings” page while you’re logged in.
2. Click on the “Delete account” link.
3. Your Account will be deleted right away, but please keep in mind that it may take up to thirty (30) days for your content to be completely removed from our database.
4. Don’t worry about your profile information - we’ll handle it in accordance with our [Privacy Policy].
5. We may be able to reactivate your Account for you if you decide to do so after deletion.
TERMINATION. We have the right to terminate or suspend your access to the Website, Application, or Services for any or no reason including without limitation, any violation of these Terms of Use. Accordingly, we reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the Website, Application, or Services or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these terms, (2) due to your conduct on the App, or your conduct with other users of the App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, or (3) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for.
WEBSITE AND APPLICATION MONITORING / ENFORCEMENT. We have the right to monitor User Content and to remove or refuse to post any User Content for any or no reason in our sole discretion. However, we have no obligation to prescreen content. We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or User Content.
GENERAL DISCLAIMER. To the fullest extent permitted by law, we expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website, Application, and Services, including without limitation any liability for any injury; loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website, Application, or Services or that the Website, Application, or Services will otherwise meet your needs or expectations. Neither the Company nor anyone associated with the Company warrants that the Website, Application, Services, its related content, or any services obtained through the Website or Application will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, that the Website, Application, or the server that makes it available are free from viruses or other harmful components. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. Website, Application, and Services are for informational/educational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company shall not be liable for any and all liability arising from any reliance placed on such materials by you or any other visitor to the Website, Application, or Services or by anyone who may be informed of any of its contents. We are not medical, legal, financial or other professionals, or if we are, we are not acting in any professional capacity, including medical, legal, financial or otherwise. Nothing on this Website, Application, or Services should be construed as medical, legal, or financial advice.
WARRANTIES DISCLAIMER. Your use of this Website, its content, Application, its content, Services, or items obtained through the Website is at your own risk. The Website, its content, Application, its content, Services, or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
THIRD-PARTY DISCLAIMER. We are not liable for any defamatory, offensive or illegal conduct of any third parties. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the Website, Application, Services, or any services or items obtained through the Website, Application, or Service. Where the Website, Application, or Service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and will not be responsible for them or any loss that may result from their use. Additionally, we are not liable for conduct or activity of third parties on the Website, Application, or Services.
TECHNOLOGY DISCLAIMER. We make reasonable efforts to provide you with modern, reliable technology. However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure. The Website, Application, and Services are updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all information on the Website, Application, and Services are completely accurate, complete or up to date, and we disclaim liability for any such errors or omissions.
ASSUMPTION OF RISK. By accessing the Website, Application, Services and related material, whether paid or unpaid, you assume the risk of your access and any subsequent actions you choose to take as a result of the information and materials provided to you.
INDEMNITY AND RELEASE. You agree to indemnify, defend and hold harmless Company, its affiliates, employees, agents, licensors, and service providers from and against any and all third-party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees arising out of your use of the Website, Application, and Services, including but not limited to your User Content, any use of the Website’s content, Application’s content, Services, and products other than as expressly authorized in these Terms of Use, or your use of any of the information obtained from the Website, Application, and Services.
LIMITATION ON LIABILITY. You understand and agree that, to the maximum extent permitted by applicable law, the Company will not be liable for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website, Application, or Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
THIRD-PARTY APP STORE. The following additional terms and conditions apply to you if you download the Application from a Third-Party App Store. You acknowledge and agree that:
1. This Agreement is between you and our Company, not the Third-party App store. We are responsible for the Website, Application, Services, and their content. If our terms conflict with the Third-party App store’s terms, the stricter or conflicting terms of the Third-party App store will apply, but only as it relates to disputes involving the Application and the Third-Party App Store.
2. The Third-party App store is not responsible for providing any maintenance or support for the app. Company is responsible for any warranties on the product. Third-party App store doesn’t have any warranty obligations. Any issues related to warranties are governed by these Terms.
3. If you have any claims or issues regarding the app or your use of it, you should contact us, not the Third-party App store. This includes product liability claims, legal requirements, consumer protection laws, and intellectual property claims.
4. The Third-party App store and its subsidiaries are considered third-party beneficiaries of these terms. That means they have the right to enforce these terms against you as a third party.
We are not responsible for any product or services you get from third parties through any Third-party app stores or mobile carriers.
SEVERABILITY. If any portion of this Terms of Use is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
ENTIRE AGREEMENT. This Agreement constitutes the final, exclusive Agreement between you and Company regarding the use and access of the Website, Application, and Services. All earlier and contemporaneous agreements, negotiations, understandings, representations and warranties between the you and Company regarding the Website, Application, and Services are expressly merged into and superseded by this Agreement.
CONTACT. This Website is operated by Tayst LLC. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: contact@taystsocial.com.
NOTICE. All notices, claims, and demands made under this Agreement must be in writing and addressed to contact@taystsocial.com.
LIMITATION ON TIME TO FILE CLAIMS. Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
MEDIATION. In the event a dispute shall arise between the Parties that is related to or arises out of this Agreement, the Parties agree to attempt to resolve the dispute through mediation. The mediation will take place in San Mateo County, CA or remotely via Zoom. The Parties agree to cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. For a mediation, the Parties will agree to use commercially reasonable efforts to begin the mediation within thirty (30) business days of the selection of the mediator and to conclude the mediation with thirty (30) days of the start of the mediation. The costs of the mediation will be equally split between the Parties. If the Parties fail to agree at the completion of the mediation, the requesting party may commence legal proceedings to resolve the dispute.
JURISDICTION AND VENUE. If the Parties cannot resolve any dispute for any reason, including, but not limited to, the failure of either Party to agree to enter into mediation or agree to any settlement proposed by the mediator, either Party may file suit in a court of competent jurisdiction in the state or federal courts of San Mateo County, CA and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
WAIVER. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no waiver by either Party of any breach of, or of compliance with, any condition or provision of this Agreement by the other Party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.