Tend.a Terms of Service
Subsequently, and for the purposes of this document, Tend.a will be referred to as: “Tend.a Admin”, Platform”, “Company”, “We”, “Our”, “Ours” and “Us”. The pronouns: “You”, “Your”, “Yourself”, “User” and “Partner” will represent the Platform’s users - the primary subjects of all the provisions in this document. This publication in its entirety will be referred to as the “Document”. “Use”, “Using” and “Used” will represent any kind of reliance upon any aspect of the Platform whatsoever.
Prior to using Our Platform, Your “Agreement” with Us will include comprehension of this entire Document - upon the commencement and in the course of Use, You acknowledge that You have read and understood the Document, and that You agree to be bound of the provisions herein. If You do not agree with and / or cannot comply with these Agreements for whatever reason, then You will not use Our Platform. These Terms will apply to all entities that will Use our Platform.
By Using Our Platform, You agree to receive newsletters, marketing or promotional materials from Tend.a, as well as any other information that We may elect to send to You. You will be at liberty to opt out of receiving many of these communications from Us; should You wish to stop receiving a specific class of communications from Us, email Us at email@example.com instructing Us to “Stop” sending the class of communications through to You. Tend.a will assumes no legal responsibility for Stop requests that will not be honored by the Company. Many of the communications that we will be sending through to Users will require mandatory comprehension in order for continued Use, as they may include changes to aspects of this Document.
Any contests, auctions or other promotions (collectively, “Promotions”) that will be made available through Our Platform may be governed by rules that are separate from these Terms of Service. If You participate in any Promotions, please review the applicable rules in tandem with this Document. If the rules for a Promotion conflict with the provisions of this Document, We will reserve the right to determine which of the two will apply, and when.
Our Platform will allow You to post, to link, to store, to share and otherwise to make available to audiences certain data and information (“Content”), through the Platform. You are individually and severally responsible for Content that You contribute to on the Platform – in matters including but not limited to legality, reliability, and appropriateness. Tend.a bears no legal responsibility for Content made available on the platform, other than that which is added directly to the Platform by Tend.a Admin.
By making Content available on the platform, You are responsible for the fact that the Content is Yours (You own it) and / or that You have the right to use it and the right to grant Our Platform the attending licenses, if any, by which to feature the Content in whatever manner that We so choose. You are legally responsible for ensuring that making the Content available on Our Platform, will not violate the privacy rights, publicity rights, copyrights, contract rights or any other legally enforceable rights of any person or entity separate from and including Yourself. Tend.a bears no legal responsibility for any damages resulting from the Use of Your Content. You will retain any and all of Your creative rights to all of the Content that You will make available through the Platform, and You will be solely responsible for agitating on behalf of these rights whenever necessary – the Company will not be legally liable for any damages sustained from the infringement of these rights. We will take no legal responsibility and We will assume no legal liability for Content that You, and / or any other third party, make available through Our Platform. Tend.a will maintain the right, and not the legal obligation, to monitor, and to moderate all Content made available through the Platform.
By making Content available on Our Platform, You will grant Tend.a the unreserved right and license to use, to modify, to perform publicly and to display publicly, to reproduce, and to distribute this Content in whatever manner that the company so chooses; You agree that this license will include the right for Us to make Your Content available to Users on the Platform and beyond; Tend.a will not be legally liable for damages sustained following the subsequent use of Your Content by these parties in these ways. Content made available through Tend.a will be the joint property of the Company and the User that made the Content available; if You are not said User, You will not Use the Content, whether in part or in whole, for any purpose of personal gain -- commercial and / or otherwise -- as determined by the Company; You will make certain to seek express advance written permission from Tend.a in order to Use such Content in any way.
You will only Use the Platform for lawful purposes, as determined by the national and / or international laws in Your jurisdiction(s) - and in accordance with Our Terms. You will not Use Our Platform:
To send unsolicited promotional material to other Members, including but not limited to sending other Members unsolicited self and / or product promotions through the Platform’s “Direct Message” feature.
To add any Members to any “Direct Message Groups” for whatever reason, without the express consent of each and every one of them.
To “Comment” about any Content in a sustained manner that can be determined by the Company to unduly inhibit intended Usage of the Platform for other Members.
For the purpose of exploiting, harming, attempting to exploit or attempting to harm any person / persons in any way.
In any way that will infringe upon the rights of others as provided for by any applicable national / international law.
To impersonate or to attempt to impersonate the Company, a Company employee, another User, or indeed any entity other than Yourself.
To engage in conduct that will restrict and / or inhibit another User’s fair access to Our Platform.
To engage in conduct that could be determined by the Company to be a liability risk to stakeholders.
Additionally, You agree not to:
Knowingly Use the Platform in any way that would damage, impair service to, or otherwise interfere with the User experience as intended by the Company.
Knowingly attempt to and / or abet attempts to gain unauthorized access to, to interfere with, to damage, and / or otherwise to disrupt the User experience on the Platform as intended by the Company.
Knowingly attempt to and / or abet attempts to gain unauthorized access to, to interfere with, to damage, or otherwise to disrupt the computers on / in conjunction with which the Platform operates.
Target the Platform through a denial-of-service attack and / or a distributed denial-of-service attack.
Knowingly take / participate in any action(s) that could damage or falsify the Platform’s publicly available ratings.
Tend.a maintains the unequivocal legal right to limit Your Usage of the Platform on grounds determined by the Company to be proximal to any of the itemized Prohibited Uses in this Document; the Company will be immune from any legal actions taken to limit Your Usage on such grounds.
The Platform maintains the right to collaborate however the Company so chooses, with third-party service providers to monitor and to analyze Use.
Use By Minors
You will Use the Platform of Your own accord if You are at least eighteen (18) years of age, and You will make certain to supervise the Use of the Platform by minors should You choose to facilitate the same. If You are Yourself a minor, the Company will assume that Your Usage is supervised by an adult. Tend.a will assume no legal liability for damages sustained by minors that either Use the Platform unsupervised, or those that are led to harm by attending supervision.
When You register a Member account on Our Platform, You guarantee that You will furnish Us with registration information that is accurate and complete, and that You will keep said information current at all times of Usage; Tend.a will reserve the right to terminate Your Usage on grounds of inaccurate, incomplete, or obsolete registration information. You will be responsible for maintaining the confidentiality of sensitive information, such as passwords, that if misappropriated could enable the unauthorized Use of Your account. You agree to accept all responsibility for any and all activity that will originate from Your account, Your consent of Use notwithstanding. You must notify Tend.a immediately You become aware of any security related breach to Your account.
In Your account registration and Use, You will neither impersonate nor exaggeratively purport to represent any regionally, nationally and / or internationally registered persons and / or entities, through the Platform. In Your registration, You will not use any information that could be determined by Tend.a to be offensive, vulgar or obscene.
Tend.a will reserve the right to terminate Your Use in the event that We determine You have proximally violated any of the General Registration provisions in this Document.
Registration of Partnerships
A “Partnership” will represent a single-purpose group of Members, who will come together of their own accord to jointly and severally manage a business / business idea, in part or in whole, by Using the Platform. You will be eligible to register a Partnership in conjunction with at least one other Member on the Platform. Your prospective Partner(s) and Yourself will be required to make a formal “Petition” to the Company. All Petitions must be submitted in writing to firstname.lastname@example.org and We will consider them severally. Input the subject line “Petition for Registration of Partnership” in Your associated Petition to the Company.
Tend.a will maintain the sole discretion to determine which petition to approve, and the Company will exercise this discretion however We so choose. In Your Petition, please make certain to furnish Tend.a with the following information:
Copies of government issued identification cards, alongside electronic or physical signatures and contact information belonging to all the Members that are to be included in the Partnership.
A complete “Concept Note” that most truthfully represent the state of the prospective Partnership at the time of registration; the quality of the attending “Concept Note” will be adjudicated by comparison to the “Concept Note Template” as included on the Platform at the time of registration.
Current home addresses, telephone numbers, and email addresses belonging to all the Members that are to be included in the Partnership.
A statement witnessed by every prospective Partner, indicating that You all are seeking to register a single-purpose Partnership on a good faith, do no harm basis as understood by the parameters of the law in Your jurisdiction(s).
A statement prepared by every prospective Partner, under penalty of perjury that all the information in Petition is accurate and truthful, and that You are all individually and severally legally liable for any damages that could obtain from any Use of your Partnership through our Platform.
As part of a registered Partnership, You will be awarded a “Badge” that will identify Your account on the Platform, with that of Your fellow Partners – “Badge Title(s)” will be determined synchronously at the Company’s discretion, and will change as the Company so chooses.
As part of a registered Partnership You and Your Fellow Partners will be eligible to leverage office hours on the Platform with Tend.a affiliated leaders of industry, with an aim to refining Your business / business idea.
As part of a registered Partnership You and Your Fellow Partners will be eligible to Partner with Tend.a Admin to prepare due diligence documentation -- including but not limited to business plans, pitch decks and financial models -- by which to facilitate proposed growth strategies for Your business / business idea.
As part of a registered Partnership You and Your Fellow Partners will be eligible to leverage warm introductions initiated by Tend.a Admin, to a broad array of prospective “Growth Partners” -- prospective additional Partners to Your Partnership who may facilitate Your Partnership’s growth strategies.
Tend.a maintains the sole right to determine Partnership eligibility for all of these Benefits. Tend.a maintains the sole right to negotiate directly with Partnerships, severally, to determine agreeable “Pricing” for these Benefits. Partnership registration shall be free of charge for every Partnership for a period not exceeding 1 year (12 calendar months).
Our Platform — up to and including but not limited to Our Content, Our features and Our facilities — will remain to be the exclusive property of Tend.a and our licensors. Our Platform is protected by copyright, by trademark, and by international law. Our trademarks, including our name, may not be used in connection with any of Your products, about / around which You may create Content through Our Platform.
If You are a copyright owner of Content, or are authorized on behalf of one to administer over specific Content — and You believe that the relevant Content has been Used in a way that constitutes copyright infringement, it will be Your responsibility to contact Us at: email@example.com that We may act to stop such Use, whenever we can. Notify Us using the subject line: “Copyright Infringement” and include in Your communication a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”. Tend.a will maintain the discretion and will sustain no legal liability when acting on this discretion, to determine which copyright infringement communications We will act upon. You will be held liable and Your opportunity for Use will be reconsidered by the Company, for damages (including costs and attorneys’ fees) that could arise from any misrepresentation or bad-faith claims that will attend Your copyright claims.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a copyright claim to Tend.a, pursuant to the Digital Millennium Copyright Act (DMCA) – in Your claim, please make certain to furnish Tend.a with the following information:
An electronic or physical signature and contact information belonging to the person that is legally authorized to execute the copyright.
A description of the copyrighted Content that You allege to have been infringed, alongside clear directions to the location, virtual or otherwise, where the Content has been made available through Tend.a.
Your address, telephone number, and email address.
A statement prepared by You, indicating that You believe on a good faith basis, that the disputed Use of the relevant Content is not authorized by the copyright executor, their legally appointed agents, or by relevant law.
A statement prepared by You under penalty of perjury that all the information that constitutes Your claim, is accurate and that You are / legally represent the copyright executor.
Error Reporting and Feedback
You will be at liberty to furnish Tend.a with information and feedback concerning bugs on Our Platform, suggestions for improvements, alongside all other matters “Feedback”. You acknowledge and agree that:
You will not retain, acquire or otherwise legally assert any intellectual property rights or indeed any other legally enforceable rights to title, over any actions whatsoever taken by Tend.a in view of Feedback.
Tend.a will not be legally liable to maintain confidentiality of any sort with respect to Your Feedback.
Links To Other Products
Tend.a will assume no responsibility in any way for any aspect of Content made available through Our Platform that will be affiliated with another third party platform, entity and / or product. You acknowledge and agree that the Company will neither be legally responsible, nor in any way liable for any damages, alleged or sustained, that will obtain from the Use of Content that is in any way affiliated with such third parties.
Disclaimer Of Warranty
Tend.a will exclusively enable the Use of Our Platform on an “as is” and / or “as available” basis. The Company will issue neither warranties nor will we maintain any legal responsibility for the state of general and specific operation of Our Platform — up to, including and not limited to Platform-wide stoppage of Use. You expressly agree that Your Use of Our Platform is at Your sole discretion and risk.
Neither the Company nor any of Our affiliates will make available any warranty, nor will We be legally liable for damages related in anyway to the completeness, security, reliability, quality, accuracy, or availability of Our Platform.
Neither the Company nor any of Our affiliates will make available any warranty, nor will We be legally liable with respect to the potential for operational defects, including but not limited to computer viruses attacks on and / or through Our platform.
Neither the Company nor any of Our affiliates will make available any warranty, nor will We be legally liable with respect to the potential that Content may not meet User expectation.
Tend.a hereby disclaims all warranties of any kind, express or implied, statutory or otherwise, including but not limited to any warranties for mercantile activity through the platform.
This Chapter of the Terms does not affect any warranties that cannot be excluded of limited, as determined by relevant national / international law.
Limitation Of Liability
Except as prohibited by law, You agree to hold Tend.a free of responsibility of any kind for any direct, indirect, punitive, incidental damage that You may sustain courtesy of Use; whether said damage is assessed on account of contractual negligence, or indeed any other tortious cause. This provision will apply to legal prosecution on account of even the stipulations of this Agreement, as it too is part of Our Platform.
Except as prohibited by law, if there is liability found on the part of Tend.a as determined by the Company, We will be limited to the amount paid on account of Use, in making restitution to afflicted parties; under no circumstances will there be assessed punitive damages on account of the same.
Without limitation, on grounds including but not limited to breach of any of the provisions in this Document, Tend.a maintains the exclusive right to terminate or to suspend Your account, and / or otherwise to limit Your Usage of the platform immediately, at any time, and without prior notice or legal liability. You will Yourself maintain the liberty to terminate Usage whenever You so choose, and for whatever reason. Tend.a sustains no responsibility for activity related to Your Usage, that will arise subsequent to Your choice to self-terminate Usage.
At any time, should You find that You no longer agree with the provisions of this Document, You will cease to Use the Platform.
The provisions in this Document shall be governed and construed in accordance with the law as interpreted in Your jurisdiction; and alternatively in the United States. Our failure to enforce any of the provisions of this Agreement, will not be considered a waiver of those provisions. If any provision of these Terms, either in part or in whole, is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The provisions in this Document will constitute the entire agreement between You and the Company regarding our Platform; they supersede and replace any other agreements made in Our name.
Changes To Service
Tend.a reserves the right to limit Your Usage to whatever extent, and / or to amend any and all aspects of our Platform as the Company so chooses and at whatever time, without notice; this right will absolve the Company of any legal liability that may arise consequent to such limitation and / or amendment.
Amendments To Terms
Tend.a maintains the right to amend this Document at any time and without notice. You agree that It will be Your responsibility regularly to look out for updates to this Document as made available at: www.tenda-partners.com/terms. At any time, Your continued use of Our Platform will assume agreement with the prevailing provisions of this Document.
Waiver And Severance
If any provision in this Document is held up by a court or other tribunal of competent jurisdiction to be invalid, illegal or otherwise unenforceable for any reason, the application of such a provision by the Company will be limited to the most minimum extent.
By using Tend.a You acknowledge that You have read this Document, and that You agree to be bound by all of the provisions included herein.