Terms of Service
The following terms and conditions govern all use of the TKO website
and all content, products and services products available at or
through the website (taken together, the “Website”). It also includes
the customer support service (including reading and responding to
support messages) provided to you and your customers (“the
Service”).
The Website is owned and operated by TKO tech solutions (“TKO”).
The Website is offered subject to your acceptance without
modification of all of the terms and conditions contained herein and
all other operating rules, policies (including, without limitation,
TKO’s Privacy Policy and procedures that may be published from
time to time on this Website by TKO (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the
Website. By accessing or using any part of the web site, you agree to
become bound by the terms and conditions of this agreement. If you
do not agree to all the terms and conditions of this agreement, then
you may not access the Website or use any services. If these terms
and conditions are considered an offer by TKO, acceptance is
expressly limited to these terms.
This agreement also covers use of your Account, created when you
sign up to the service.
The Website is available only to individuals who are at least 13 years
old.
PAYMENT AND RENEWAL
PAYMENT OF FEES FOR A PURCHASED SERVICE
By signing up for the TKO service you agree to pay TKO the
specified monthly or annual fees-in exchange for use of the service
(the “Purchased Service”) for the period indicated.
Applicable fees will be invoiced starting from the day your access is
established and in advance of using such services. TKO reserves the
right to change the payment terms and fees upon seven (7) days
prior written notice to you. Access can be canceled by you at anytime
on written notice to TKO.
Applicable fees will be clearly displayed to you on the payment page
and/or clearly communicated via email.
AUTOMATIC RENEWAL
Unless you notify TKO before the end of the applicable subscription
period that you want to cancel, your subscription will automatically
renew and you authorize us to collect the then-applicable annual or
monthly subscription fee for the Service (as well as any taxes) using
any credit card or other payment mechanism we have on record for
you.
AUTOMATIC PLAN SELECTION
Automatic Plan Selection means you allow TKO to move you to a
subscription plan (and associated fee) that is appropriate to your
usage of the Service in the previous month.
Automatic Plan Selection is optional.
MANUAL PLAN SELECTION
If you decide not to use Automated Plan Selection and TKO sends
more responses than that of your plan you must top up your account.
If the the top up payment is not received within 3 days your service
will paused until the start of your next billing period.
CANCELLATION
The Service can be canceled at any time by contacting TKO via the
Website or email.
USE OF YOUR ACCOUNT AND THE SERVICE
OUR RESPONSIBILITIES
We shall:
• provide basic support for the Purchased Service to You, and
• use commercially reasonable efforts to make the Purchased Service available,
except for:
◦ planned downtime, or
◦ any unavailability caused by circumstances beyond TKO’s reasonable
control, including without limitation, acts of God, acts of government,
floods, fires, earthquakes, civil unrest, acts of terror, labour strikes,
Internet service provider failures or delays, or denial of service attacks
• provide the Purchased Service only in accordance with applicable laws and
government regulations.
OUR PROTECTION OF YOUR DATA
We shall maintain appropriate administrative, physical, and technical
safeguards for protection of the security, confidentiality and integrity
of Your Data.
We shall not disclose Your Data except as compelled by law in
accordance or as expressly permitted in writing by You.
YOUR RESPONSIBILITIES (THINGS YOU MUST DO)
You shall:
• be responsible for compliance with this Agreement,
• use commercially reasonable efforts to prevent unauthorized access to or use of
your Account, and notify us promptly of any such unauthorized access or use,
• be fully responsible for all activities that occur under the account,
• use the Website in strict accordance with the TKO Privacy Policy,
• use the Services only in accordance with applicable laws and government
regulations.
YOUR RESPONSIBILITIES (THINGS YOU MUST NOT DO)
You shall not:
• make the Services available to anyone other than yourself,
• sell, resell, rent or lease the Services,
• use the Services to store or transmit infringing, libelous, or otherwise unlawful or
tortious material, or to store or transmit material in violation of third-party
copyright, trademark, privacy or other proprietary rights,
• use the Services to store or transmit viruses, worms, trojan horses, and other
harmful or destructive content (“Malicious Code”),
• interfere with or disrupt the integrity or performance of the Services or third-party
data contained therein, or
• attempt to gain unauthorized access to the Services or related systems or
networks.
• during the term of this Agreement and for a period of six months after it ends, you
must not directly or indirectly solicit for employment or contract for service any
employee or representative of TKO. This does not preclude you from advertising
or recruiting generally in the media.
USAGE LIMITATIONS
Services may be subject to other limitations, such as, for example,
limits on the number of support messages read or responded to in
any given period or the timeliness of such responses. Any such
limitations are specified in your Account (on the Website) or clearly
communicated to you via email.
COMMUNICATIONS FROM US
The Service may include certain communications from TKO, such as
service announcements, administrative messages and newsletters.
You understand that these communications shall be considered part
of using the Services. You have the option of opting out from
receiving optional communications such as newsletters. However,
you will not be able to opt-out from receiving service announcements
and administrative messages.
RESPONSIBILITY OF WEBSITE VISITORS AND USERS OF THE SERVICE
In operating the Website and the Service, TKO may receive and pass
along to you content (“the material”) that contains links to third party
web sites, is offensive, indecent, or otherwise objectionable, as well
as content containing technical inaccuracies, typographical mistakes,
and other errors. The material may also contain computer software,
including viruses and other harmful material.
TKO has not reviewed, and cannot review, all of the material that is
the subject of our service.
By operating the Website and the Service, TKO does not represent or
imply that it endorses the material received or passed along to you,
or that it believes such material to be accurate, useful or non-harmful.
You (and your users) are responsible for taking precautions as
necessary to protect yourself and your computer systems from
viruses, worms, trojan horses, and other harmful or destructive
content,
The Website and Service may also handle material that violates the
privacy or publicity rights, or infringes the copyright, trademark and
other proprietary rights of third parties, or the downloading, copying
or use of which is subject to additional terms and conditions, stated
or unstated.
TKO disclaims any responsibility for any harm resulting from the use
by visitors of the Website or users of the Service.
INACTIVE USER ACCOUNTS POLICY
We reserve the right to terminate unpaid user accounts that are
inactive for a continuous period of 180 days. In the event of such
termination, all data associated with such user account may be
deleted. We will provide you prior notice of such termination in
advance by email.
COPYRIGHT, TRADEMARK AND OTHER PROPRIETARY RIGHTS
This Agreement does not transfer from TKO to you any TKO or third
party copyright or trademark rights, and all rights, title and interest in
and to such property will remain (as between the parties) solely with
TKO.TKO, TKO, the TKO logo, and all other trademarks, service
marks, graphics and logos used in connection with TKO or the
Website are trademarks or registered trademarks of TKO or TKO’s
licensors. Other trademarks, service marks, graphics and logos used
in connection with the Website may be the trademarks of other third
parties. Your use of the Website grants you no right or license to
reproduce or otherwise use any TKO or third-party trademarks.
CHANGES
TKO reserves the right, at its sole discretion, to modify or replace any
part of this Agreement. It is your responsibility to check this
Agreement periodically for changes. Your continued use of or access
to the Website following the posting of any changes to this Agreement
constitutes acceptance of those changes.
TKO may also, in the future, offer new services and/or features
through the Website (including, the release of new tools and
resources). Such new features and/or services shall be subject to the
terms and conditions of this Agreement.
TERMINATION
TKO may terminate your access to all or any part of the Website at
any time, with or without cause, with or without notice, effective
immediately.
If you wish to terminate this Agreement or your TKO account, you
must cancel the service by emailing TKO.
All provisions of this Agreement which by their nature should survive
termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations
of liability.
DISCLAIMER OF WARRANTIES
The Website and Service are provided “as is”. TKO and its suppliers
and licensors hereby disclaim all warranties of any kind, express or
implied, including, without limitation, the warranties of merchantability,
fitness for a particular purpose and non-infringement.
Neither TKO nor its suppliers and licensors makes any warranty that
the Website will be error free or that access thereto will be continuous
or uninterrupted.
You understand that you obtain services through the Website at your
own discretion and risk.
LIMITATION OF LIABILITY
In no event will TKO, or its suppliers or licensors, be liable with
respect to any subject matter of this agreement under any contract,
negligence, strict liability or other legal or equitable theory for:
By signing up for the TKO service you agree to pay TKO the
specified monthly or annual fees-in exchange for use of the service
(the “Purchased Service”) for the period indicated.
Applicable fees will be invoiced starting from the day your access is
established and in advance of using such services. TKO reserves the
right to change the payment terms and fees upon seven (7) days
prior written notice to you. Access can be canceled by you at anytime
on written notice to TKO.
Applicable fees will be clearly displayed to you on the payment page
and/or clearly communicated via email.
- any special, incidental or consequential damages;
- the cost of procurement for substitute products or services;
- for interruption of use or loss or corruption of data; or
- for any amounts that exceed the fees paid by you to TKO under this agreement
during the twelve (12) month period prior to the cause of action.
INDEMNIFICATION
You agree to indemnify and hold harmless TKO, its contractors, and
its licensors, and their respective directors, officers, employees and
agents from and against any and all claims and expenses, including
lawyers’ fees, arising out of your use of the Website, including but not
limited to your violation of this Agreement.
MISCELLANEOUS
This Agreement constitutes the entire agreement between TKO and
you concerning the subject matter hereof, and they may only be
modified by a written amendment signed by an authorized executive
of TKO, or by the posting by TKO of a revised version.
Except to the extent applicable law, if any, provides otherwise, this
Agreement, any access to or use of the Website will be governed by
the laws of Serbia., excluding its conflict of law provisions, and the
proper venue for any disputes arising out of or relating to any of the
same will be the state and federal courts located in Belgrade, Serbia.
If any part of this Agreement is held invalid or unenforceable, that
part will be construed to reflect the parties’ original intent, and the
remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or
any breach thereof, in any one instance, will not waive such term or
condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that
consents too, and agrees to be bound by, its terms and conditions;
TKO may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of
the parties, their successors and permitted assigns
Please read this privacy notice carefully as it will help you make informed decisions about sharing your personal information with us.
- What Information Do We Collect?
Information automatically collected
In Short: Some information such as IP address and/or browser
and device characteristics is collected automatically when you
visit our Services.
We automatically collect certain information when you visit, use or
navigate the Services. This information does not reveal your
specific identity (like your name or contact information) but may
include device and usage information, such as your IP address,
browser and device characteristics, operating system, language
preferences, referring URLs, device name, country, location,
information about how and when you use our Services and other
technical information. This information is primarily needed to
maintain the security and operation of our Services, and for our
internal analytics and reporting purposes. Like many businesses,
we also collect information through cookies and similar
technologies. - How Do We Use Your Information?
In Short: We process your information for purposes based on
legitimate business interests, the fulfillment of our contract with
you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Services for a
variety of business purposes described below. We process your
personal information for these purposes in reliance on our
legitimate business interests, in order to enter into or perform a
contract with you, with your consent, and/or for compliance with
our legal obligations. We indicate the specific processing grounds
we rely on next to each purpose listed below.
We use the information we collect or receive: To send
administrative information to you. We may use your personal
information to send you product, service and new feature
information and/or information about changes to our terms,
conditions, and policies.
Deliver targeted advertising to you. We may use your
information to develop and display content and advertising (and
work with third parties who do so) tailored to your interests and/or
location and to measure its effectiveness.
To deliver services to the user. We may use your information to
provide you with the requested service. We may use and store
this information in aggregated and anonymized form so that it is
not associated with individual end users and does not include
personal information.
We will not use identifiable personal information without your
consent. - Will Your Information Be Shared With
Anyone?
In Short: We only share information with your consent, to comply
with laws, to provide you with services, to protect your rights, or to
fulfill business obligations.
We may process or share data based on the following legal basis:
• Consent: We may process your data if you have given us
specific consent to use your personal information in a
specific purpose.
• Legitimate Interests: We may process your data when it is
reasonably necessary to achieve our
legitimate business interests.
• Performance of a Contract: Where we have entered into a
contract with you, we may process your
personal information to fulfill the terms of our contract.
• Legal Obligations: We may disclose your information where
we are legally required to do so in order to comply with
applicable law, governmental requests, a judicial proceeding,
court order, or legal process, such as in response to a court
order or a subpoena (including in response to public
authorities to meet national security or law enforcement
requirements).
• Vital Interests: We may disclose your information where we
believe it is necessary to investigate, prevent, or take action
regarding potential violations of our policies, suspected
fraud, situations involving potential threats to the safety of
any person and illegal activities, or as evidence in litigation in
which we are involved.
More specifically, we may need to process your data or share
your personal information in the following situations:
• Vendors, Consultants and Other Third-Party Service
Providers. We may share your data with third party vendors,
service providers, contractors or agents who perform
services for us or on our behalf and require access to such
information to do that work. Examples include: payment
processing, data analysis, email delivery, hosting services,
customer service and marketing efforts. We may allow
selected third parties to use tracking technology on the
Services, which will enable them to collect data about how
you interact with the Services over time. This information
may be used to, among other things, analyze and track data,
determine the popularity of certain content and better
understand online activity. Unless described in this Policy,
we do not share, sell, rent or trade any of your information
with third parties for their promotional purposes.
• Business Transfers. We may share or transfer your
information in connection with, or during negotiations of, any
merger, sale of company assets, financing, or acquisition of
all or a portion of our business to another company.
• Third-Party Advertisers. We may use third-party
advertising companies to serve ads when you visit the
Services. These companies may use information about your
visits to our Website(s) and other websites that are
contained in web cookies and other tracking technologies in
order to provide advertisements about goods and services of
interest to you. - Do We Use Cookies And Other
Tracking Technologies?
In Short: We may use cookies and other tracking technologies to
collect and store your information.
We may use cookies and similar tracking technologies (like web
beacons and pixels) to access or store information. Specific
information about how we use such technologies and how you
can refuse certain cookies is set out in our Cookie Policy. - How Long Do We Keep Your
Information?
In Short: We keep your information for as long as necessary to
fulfill the purposes outlined in this privacy notice unless otherwise
required by law.
We will only keep your personal information for as long as it is
necessary for the purposes set out in this privacy notice, unless a
longer retention period is required or permitted by law (such as
tax, accounting or other legal requirements). No purpose in this
policy will require us keeping your personal information for longer
than 2 years .
When we have no ongoing legitimate business need to process
your personal information, we will either delete or anonymize it,
or, if this is not possible (for example, because your personal
information has been stored in backup archives), then we will
securely store your personal information and isolate it from any
further processing until deletion is possible. - How Do We Keep Your Information
Safe?
In Short: We aim to protect your personal information through a
system of organizational and technical security measures.
We have implemented appropriate technical and organizational
security measures designed to protect the security of any
personal information we process. However, please also
remember that we cannot guarantee that the internet itself is
100% secure. Although we will do our best to protect your
personal information, transmission of personal information to and
from our Services is at your own risk. You should only access the
services within a secure environment. - Do We Collect Information From
Minors?
In Short: We do not knowingly collect data from or market to
children under 18 years of age.
We do not knowingly solicit data from or market to children under
18 years of age. By using the Services, you represent that you
are at least 18 or that you are the parent or guardian of such a
minor and consent to such minor dependent ™s use of the
Services. If we learn that personal information from users less
than 18 years of age has been collected, we will deactivate the
account and take reasonable measures to promptly delete such
data from our records. If you become aware of any data we have
collected from children under age 18, please contact us at
reachus@TKO.biz. - What Are Your Privacy Rights?
In Short: In some regions, such as the European Economic Area,
you have rights that allow you greater access to and control over
your personal information. You may review, change, or terminate
your account at any time.
In some regions (like the European Economic Area), you have
certain rights under applicable data protection laws. These may
include the right (i) to request access and obtain a copy of your
personal information, (ii) to request rectification or erasure; (iii) to
restrict the processing of your personal information; and (iv) if
applicable, to data portability. In certain circumstances, you may
also have the right to object to the processing of your personal
information. To make such a request, please use the contact
details provided below. We will consider and act upon any request
in accordance with applicable data protection laws.
If we are relying on your consent to process your personal
information, you have the right to withdraw your consent at any
time. Please note however that this will not affect the lawfulness
of the processing before its withdrawal.
If you are resident in the European Economic Area and you
believe we are unlawfully processing your personal information,
you also have the right to complain to your local data protection
supervisory authority. You can find their contact details here:
http://ec.europa.eu/justice/dataprotection/bodies/authorities/
index_en.html
Cookies and similar technologies: Most Web browsers are set to
accept cookies by default. If you prefer, you can usually choose to
set your browser to remove cookies and to reject cookies. If you
choose to remove cookies or reject cookies, this could affect
certain features or services of our Services. To opt-out of interestbased advertising by advertisers on our Services visit http://
www.aboutads.info/choices/ . - Controls For Do-not-track Features
Most web browsers and some mobile operating systems and
mobile applications include a Do-Not-Track feature or setting you
can activate to signal your privacy preference not to have data
about your online browsing activities monitored and collected. No
uniform technology standard for recognizing and implementing
DNT signals has been finalized. As such, we do not currently
respond to DNT browser signals or any other mechanism that
automatically communicates your choice not to be tracked online.
If a standard for online tracking is adopted that we must follow in
the future, we will inform you about that practice in a revised
version of this privacy notice. - Do California Residents Have
Specific Privacy Rights?
In Short: Yes, if you are a resident of California, you are granted
specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the Shine
The Light law, permits our users who are California residents to
request and obtain from us, once a year and free of charge,
information about categories of personal information (if any) we
disclosed to third parties for direct marketing purposes and the
names and addresses of all third parties with which we shared
personal information in the immediately preceding calendar year.
If you are a California resident and would like to make such a
request, please submit your request in writing to us using the
contact information provided below.
If you are under 18 years of age, reside in California, and have a
registered account with the Services, you have the right to
request removal of unwanted data that you publicly post on the
Services. To request removal of such data, please contact us
using the contact information provided below, and include the
email address associated with your account and a statement that
you reside in California. We will make sure the data is not publicly
displayed on the Services, but please be aware that the data may
not be completely or comprehensively removed from our systems. - Do We Make Updates To This Policy?
In Short: Yes, we will update this policy as necessary to stay
compliant with TKO laws.
We may update this privacy notice from time to time. The updated
version will be indicated by an updated date and the updated
version will be effective as soon as it is accessible. If we make
material changes to this privacy notice, we may notify you either
by prominently posting a notice of such changes or by directly
sending you a notification. We encourage you to review this
privacy notice frequently to be informed of how we are protecting
your information. - How Can You Contact Us About This
Policy?
If you have questions or comments about this policy, you may
email us at Hello@Tko.Fm
TKO Tech Solutions