Terms of Service

EFFECTIVE DATE: August 12, 2018


The following terms and conditions (these “Terms of Use”) govern all use of the goTunic.com website and Priority One Service,  (the “Website”) and all content, services, features, activities and products available at or through the Website, including but not limited to the website analysis service, the conversion service and the campaign automation service (the “Analysis Service,” the “Engage Service,” and the “Customer Engagement Automation Service”, respectively, together with all other content, services, features, activities and products available through the Website are herein referred to as the “Services”). The term “you” or “your” includes any of your subsidiaries, affiliates, employees. Please read these Terms of Use carefully before using the Services.

BY USING OR ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED IN THE TERMS OF USE BY REFERENCE, INCLUDING, BUT NOT LIMITED TO TUNIC'S PRIORITY ONE PRIVACY POLICY (COLLECTIVELY, THIS “AGREEMENT”). BY USING OR ACCESSING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. THIS AGREEMENT IS LEGALLY BINDING AND CONDITIONS YOUR USE OF THE SERVICES. If you do not agree to all the terms and conditions of this Agreement, you must discontinue use of the Services.

1. Account Registration and Access
To register for the Services and create an account, you (including any agent designated by you operating on your behalf) must complete the registration process by providing Tunic's Priority One with the requested information including your name, and email address. You agree to provide us with complete and accurate information when you register for the Services, and to keep such information up to date.

You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the Services on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify Tunic's Priority One immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Services.

Tunic's may access your Priority One account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.

Fees


2.1 SUBSCRIPTION TERMS


Tunic's Priority One offers a range of subscription memberships to its Services (each, a “Membership”). Each Membership includes a range of user Actions on Instagram. (“Actions”) that may be recorded by our Services on your registered web page in any given month of the subscription period. What this means, is that  we keep track of your actions you’ve done through the Tunic's Priority One service. (Liking, commenting, following.)

You will select your Membership as part of your registration for the Services, which may begin with a Free Trial (as defined in Section 2.3 (“Free Trial”) herein). Each subscription period for a Membership will be based on the subscription period chosen/sold (e.g. annually, bi-annually, quarterly, monthly). All Membership are on a weekly billing cycle. You are responsible for subscription fees for the entire subscription period chosen/sold.

At the end of your current subscription period, your Membership will automatically renew for a subscription period equal to your prior subscription period unless you provide Tunic's Priority One with email notice (sent to priority.one@goTunic.com ) of your intent not to renew your Membership at least seven (7) days prior to the end of the then-current subscription period.

To view the specific details of your Membership, including pricing information and the end date of your subscription period, login to your account on the Tunic Website, and click into the  “Subscriptions” page to view an individual Membership or contact us at priority.one@goTunic.com.

2.2 BILLING POLICIES, REFUNDS, OVERAGES, AND UPGRADE AND DOWNGRADE TERMS


The fees for your Membership are billed in advance of each billing cycle.
In the event you cancel your Membership, and a refund is required, you can reach us by emailing priority.one@goTunic.com.
If you upgrade your Membership level, you will be charged for the increased price of the upgraded Membership, pro-rated to reflect the remaining duration of your subscription period, and you will be charged the full amount of the then-current rate for the new Membership, as provided at https://www.goTunic.com/services/priority-one, beginning with your next billing cycle.
If you desire to downgrade your Membership level prior to the end of your subscription period, please provide written notice to priority.one@goTunic.com. The Membership downgrade will take effect the first billing cycle that occurs more than seven (7) days following your notice to Tunic's Priority One, and you will not receive any refunds for payments made on your current billing cycle. Downgrading your Membership may cause the loss of account content, features, or capacity. Tunic's Priority One disclaims liability for any such loss.

You may also upgrade or downgrade subscription plans by accessing your membership account via the Priority One page.
Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
Any questions involving upgrades or downgrades to your Membership can be directed to priority.one@goTunic.com.


2.3 FREE TRIAL


Subscriptions to the Services may begin with a free trial period during which you can try out the Services for 3 days from the date you register (“Free Trial Period”). Your free trial Membership will include all the features of a paid Membership.

You are required to enter your billing information in order to sign up for the Free Trial Period. You will not be charged until the Free Trial Period ends. If you have not provided billing information by the time the Free Trial Period ends, you will lose all access to the Services.

You may cancel your Membership at any time during the Free Trial Period by following the steps described in section 2.7 (“Account Cancellation”). Upon cancelling your account, you will immediately lose all access to the Services and any data or information stored within your account (see Section 11 (“Term and Termination”) for additional details).

Tunic's Priority One reserves the right to modify, cancel and/or limit the Free Trial Period without notice at any time.

2.4 CHANGES IN FEES


We may change the fees for the Services at any time or impose additional fees or charges.

Such changes will be effective as of the first billing cycle that occurs more than seven (7) days after notice of our new fees, as provided for in Section 12 herein, provided that if you upgrade or downgrade to a new Membership, whether at your election or pursuant to Section 2.2(c), you will be charged at the then-current rate for such Membership, as provided at https://www.goTunic.com/services/priority-one.

2.5 PAYMENT OF FEES


As an express condition of your use of and access to the Services, you agree to pay all fees applicable to your Membership, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services.

We will bill the fees due under your Membership to the credit card or PayPal account you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Membership, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.

We reserve the right to deactivate your access to the Services for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.

2.6 CREDIT CARD PAYMENTS


All fees for your Membership will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and associated with your Membership and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we, cancel or terminate your Membership as provided herein or these amounts are paid in full, whichever is later.

You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact Tunic's Priority One if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Tunic's Priority One username or password).

You authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.

2.7 ACCOUNT CANCELLATION


You may cancel your Membership at any time. To do so, start on the Priority One page and click the "Log In" button located on the upper right corner. Once logged in, you can View your individual subscription, and on these pages you can navigate to close your account. Alternatively, you can cancel by either emailing us and speaking to an authorized account representative, speaking with an authorized account representative on our on-site chat, or sending an email to priority.one@goTunic.com.

For clarity, if you cancel your Membership prior to the conclusion of your current subscription period, you will remain responsible for payment for all subscription fees through the conclusion of your current subscription period.

If you cancel your Membership, you will lose all access, upon the expiration of your current pre-paid period, to the Services and any data or information stored in your account (see Section 11 (“Privacy Policy”) for additional details).

3. Terms


By accessing the website at https://goTunic.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Tunic LLC Abides by all terms under the PayPal Acceptable Use Policy (AUP) and AWS Acceptable Use Policy (AUP)

4. Use License


Permission is granted to temporarily download one copy of the materials (information or software) on Tunic LLC’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Tunic LLC’s website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Tunic LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.


5. Disclaimer
The materials on Tunic LLC’s website are provided on an ‘as is’ basis. Tunic LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Tunic LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.


6. Limitations
In no event shall Tunic LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Tunic LLC’s website, even if Tunic LLC or a Tunic LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

7. Accuracy of materials
The materials appearing on Tunic LLC’s website could include technical, typographical, or photographic errors. Tunic LLC does not warrant that any of the materials on its website are accurate, complete or current. Tunic LLC may make changes to the materials contained on its website at any time without notice. However Tunic LLC does not make any commitment to update the materials.

8. Links
Tunic LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Tunic LLC of the site. Use of any such linked website is at the user’s own risk.

9. Modifications
Tunic LLC may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

10. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

11. Privacy Policy
Your privacy is important to us.
It is Tunic LLC’s policy to respect your privacy regarding any information we may collect while operating our website.
Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

We will make readily available to customers information about our policies and practices relating to the management of personal information.

We will only retain personal information for as long as necessary for the fulfilment of those purposes.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Chargebee.com manages our subscription service. We do not give them permission to access your data for their uses. Their privacy policies are here.

Tunic LLC may change this privacy policy from time to time at Tunic LLC’s sole discretion.