Welcome Friend!
We know that terms or service and other legal documents are hard to read, so we set out to make this one as readable as possible. If you have any questions, please contact us at [email protected].
The following Terms apply when you view, access, or utilize our website or services located under the govee.tinkertechlab.com, goveedocs.tinkertechlab.com domain, or when accessing any part of our various services externally (Such as utilizing our Discord bot); hereby referred to as the “Service”. Our website and its contents will hereby be referred to as the “Site”.
If you do not agree to be bound by these Terms in their entirety, you may not access or use the Site and Service.
I. PRIVACY POLICY AND ADDITONAL TERMS
The TinkerTechLab cares about your privacy. Please refer to our Privacy Policy (Located at /legal/privacy-policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Service.
Our Responsible Disclose (Located at /legal/responsible-disclosure) dictates how you should proceed if and when you are introduced to a security or vulnerability within our Service, and dictates how you should test for such a vulnerability.
We may show typewritten names, and visual marks belonging to other companies thought the Service. Review our Trademark Notice (/legal/trademark-notice) for additional information.
You additionally agree to the Privacy Policies and Terms of Service for our partner services (Known as services that we may share your information with), including but not limited to Google, Discord (When using our bot), Stripe (When using or viewing information on a paid plan), and Gravatar.
II. ABOUT THE SERVICE
The Service allows users to access a collection of resources, which may include communications tools, forums, shopping services, personalized content and branded messages via a network which may be accessed through any device capable of an internet connection.
You understand and agree that the Service may include advertisements and that these advertisements are necessary for the Service and its partners to provide the Service without a cost (Paid users do not experience Advertisements on the Service). You also understand and agree that the Service may send certain communications, such as service announcements, administrative Communication settings can be found within your profile settings, and we manage our email communications within the scope of our privacy policy.
Unless explicitly stated otherwise, all new features to the current Service shall be subject to the terms outlined in this document. You understand and agree that the Service is provided "AS-IS" and that the Service assumes no responsibility for any aspect of user communications or personalization settings.
You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or data charges). You are responsible for those fees, including those fees associated with the display of advertisements. Advertisements can be removed by subscribing to offered paid services, or via browser add-ons. In addition, you must provide and are fully responsible for all equipment needed to access and properly use the Site.
III. REGISTRATION AND RULES FOR USER CONDUCT AND USE OF THE SERVICE
When registering, you state that you are of legal age and are able to form a legally binding contract with US-Based TinkerTechLab. You must not be a minor in your legal jurisdiction to create a TinkerTechLab account, unless you have permission from your legal parent or guardian, and the legal guardian has read and agreed to this document on your behalf. If a minor is using the service, the legal adults personal information must be used (Name, Email, etc) throughout the Service. The personal information of the minor may not be used until they are able to, and do, form a legally binding contract with The TinkerTechLab. Per our privacy policy and applicable laws, we do not store information on minors. If a minor is using the Service, a legal parent or guardian must additionally agree to the terms and privacy policies of our partners, outlined in section one (1). The Site is not responsible for terms violations on other services.
If you are a user who signs up for the Service, you will create a personalized account which includes a unique email address and a password to access the Service and to receive messages from the Site. You agree to notify us immediately of any unauthorized use of your password and/or account. We provide two factor authentication to further protect against illegal actions on your account. The TinkerTechLab is not responsible for any liabilities, losses, improper charges, or damages arising out of the unauthorized use of your email, password and/or account.
IV. USAGE RESTRICTIONS
You understand that all information that is uploaded or provided to TinkerHost (“Content”) via your account, including but not limited to data, text, software, music, photographs, graphics, and video, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, not the Service, are entirely responsible for all Content that you upload, transmit, or otherwise make available via the Service and our various partners.
The Service does not control content published by users, and does not guarantee the accuracy, integrity, or quality of such published content. You understand that by using the Service, you may be exposed to published content that is offensive, pornographic, indecent, or objectionable. Under no circumstances will the Service be liable in any way for any published content, including, but not limited to, any errors or omissions in any published content, or any loss or damage of any kind incurred as a result of the use of any published content posted, emailed, transmitted or otherwise made available via the Service.
V. SUSPENSION AND TERMINATION OF ACCOUNTS
The TinkerTechLab reserves the right to remove any content from the Service at its sole discretion. You agree that the Service has the right to determine whether your content is appropriate and complies with these Terms of Service, and you agree that the Service has the ability to remove any or all of your content, and terminate your account with or without prior notice. The may, at its own discursion, revoke access to any part of the Service, or the entire Service, at any time. Attempting, in any way, to bypass such restrictions or discontinuation of service may result in legal action.
The Service does not, and cannot reasonably pre-screen or monitor all Content uploaded to the Service. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service or with other Users of the Service, and suspend or terminate your account with or without prior notice. The Service may not suspend accounts in violation of these terms immediately due to technical restrictions. Please report sites or accounts in violation of these terms to violations[at]tinkertechlab.com.
Creating multiple accounts, or otherwise attempting to bypass any set limits within the Service will result in your account's permanent suspension without warning. User Accounts that repeatedly fail to pay (Or file a chargeback complaint), will have their paid accounts revoked, and may experience future penalty, as chosen by the Service at their own discursion.
Use of Content Blockers or the recommendation of Content Blockers may result in termination. The Service requires the revenue from advertisements to continue to allow the free and public use of the free plan. We do not use excessive Advertising techniques, or sell your information for monetary value. Please see our privacy policy for additional information about how your information is handled.
VI. ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Service, are those of their respective authors, and should not necessarily be relied upon, nor are they the advice, statement, offer, or other content that reflects the beliefs of The TinkerTechLab. Such authors are solely responsible for such content. Content found in violation of these terms should be reported for removal.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or Service, nor do we adopt, endorse, or are responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from any party’s reliance on information or other content posted on the Service, or transmitted to users.
Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate, objectionable, or in violation of these terms when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. TinkerHost has the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please report it via the client area, or via email to [email protected].
Additionally, the Service has the right to control, remove and modify Content posted on our Discord channel, and reserves the right to terminate your User Account based on activity on other platforms, including but not limited to Discord.
The Service may provide, or third parties may provide, links to other web sites or resources. Because TinkerHost has no control over such sites and resources, you acknowledge and agree that the Service is not responsible for the availability of such external sites or resources, and does not endorse, and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Service shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. The TinkerTechLab recommends that you read and agree to the terms of service of such sites and resources before using them.
VII. INTERSTATE NATURE OF COMMUNICATIONS
When you use our service, you acknowledge that in electronic communications (including but not limited to email, information transactions that include but are not limited to uploading photos and files and other Internet activities), will be creating communications sent through our computer networks, and the networks of our partners, portions of which are located in the United States, Switzerland, the United Kingdom and abroad. As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. By agreeing to this Terms of Service, you acknowledge that your use of the service results in interstate data transmissions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data imported and exported from the United States or the country in which you reside, and in which our servers reside.
VIII. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
We respect the intellectual property rights of others and require that our users do the same. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions. The Service terminates accounts at its own discretion.
We may show typewritten names, and visual marks belonging to other companies thought the Service. Review our Trademark Notice (/legal/trademark-notice) for additional information.
If you are a copyright owner or an agent thereof, and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification by sending the following information to us via email to [email protected]:
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an email address;
- A URL where such content can be found, or if multiple copyrighted works at a single online site are covered by a single notification, multiple URLs where the content can be found.
IX. INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensers retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. The Service also owns all rights to our logo and name (Collectively our “Marks”) within the Site and user hosted Content, and cannot be used without The TinkerTechLab's express permission. Using The TinkerTechLab's, or other services Marks without explicit permission on the Site or on user generated content (Including our forum and Discord Channel), is grounds for permanent termination of your Service account.
Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Service.
X. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, or exploit any part or portion of TinkerHost for any reason without express and explicit written permission. You agree to use our API in good faith, and not exploit any part of the Service for financial gain. You agree to abide by rate limiting messages, and not attempt or create a denial of service (DDoS) attack on our Service.
XI. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you consent to receive communications from us in an electronic form via the email address you have submitted and agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. This agreement does not affect any of your non-waivable rights.
In addition to the above, we may use your email address to send you other messages about the Site or Service, regarding the Service, or regarding your specific account. Our partner services (Including Google, Discord, and Stripe), may also send you electronic communications regarding status changes, offers, and important service updates. For more information about these messages, please refer to our partners terms and conditions.
If you would like to opt-out of certain electronic communications, you can change your account settings or follow the "Unsubscribe" instructions located at the bottom of our emails. However, opting out will only prevent you from receiving the specific types of messages you opted out of. If you wish to completely stop receiving electronic communications from The TinkerTechLab, Google, Discord and Stripe, you will need to request deactivation of your client area account, and account(s) you hold with our partner services. Additional information about our partners privacy policies can be found on their respective websites.
XII. RETURN AND CANCELLATION POLICY
The Service does not provide refunds as the Service is in an electronic manner and cannot be returned. If you believe that you did not receive all promised benefits of the paid plan (As described on the Site for the Service) you subscribed to, contact hello[at]tinkertechlab.com. Do not file a complaint with your bank or other financial institution, unless you were charged an amount that is not reflective of the amount shown on the checkout page before placing your order.
The Service may choose to waive the terms in this section should a special situation arise. The Service may also choose suspend an account in violation of these terms, and optionally offer a refund at the Service's own discursion. Accounts that are permanently suspended by the Service for Terms Violations may be eligible for a refund if the order was within 72 hours of the suspension.
XIII. WARRANTY DISCLAIMER
THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
XIV. LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE Site, THE Service, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
XV. MODIFICATION OF TERMS OF USE
The Service can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or by sending an email to the email address you provided to us upon registration. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
XVI. GENERAL TERMS
If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
You agree that any cause of action related to or arising out of your relationship with the Service must commence within SIXTY (60) days after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of the Site are governed by the federal laws of the United States of America, without regard to conflict of law provisions.
We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT TINKERTECHLAB.COM/LEGAL/PRIVACY-POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
XVII. VIOLATIONS
Please report any violation of our terms of service to legal@tinkertechlab.