Terms of Service
Effective April 4, 2020
These Terms of Service (the "Terms") govern your access to and use of the website at tmovventures.com and any product, application or service operated by TMOV Ventures LLC ("TMOV Ventures", "we", "us" or "our"), together the "Services". By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1About us
TMOV Ventures LLC is a limited liability company with its principal office at 8735 Dunwoody Place #8079, Atlanta, GA 30350, USA. We own and operate a portfolio of independent software ventures. Individual ventures may publish their own terms; where those terms conflict with these, the venture-specific terms control for that venture.
2Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction if higher, to use the Services. By using the Services you represent that you meet this requirement and that you have the authority to enter into these Terms, including on behalf of any organization you represent.
3The Services
We provide the Services on an ongoing basis and may add, change, suspend or discontinue any part of them at any time. Where you hold a paid account or a written agreement with us, that agreement governs availability and support, and these Terms supplement it.
This website is informational. It does not offer, solicit or sell any product, security or investment, and nothing on it constitutes an offer to do so.
4Acceptable use
You agree not to:
- use the Services in violation of any applicable law or regulation;
- attempt to gain unauthorized access to the Services, to any account other than your own, or to any system or network connected to the Services;
- interfere with or disrupt the Services, including by transmitting malware or by imposing an unreasonable load on our infrastructure;
- scrape, harvest or collect information about other users, or use automated means to access the Services except for well-behaved search engine crawlers;
- reverse engineer, decompile or disassemble any part of the Services except to the extent that restriction is prohibited by law;
- use the Services to send unsolicited communications, or to send communications to any person who has not consented to receive them or who has revoked consent.
We may suspend or terminate access to the Services for any violation of this section, with or without notice.
5SMS and text messaging
This section applies to any text (SMS or MMS) message sent by TMOV Ventures or a venture we operate.
5.1 Consent
We send text messages only to recipients who have provided prior express consent, given directly to us at the point where a mobile number is collected, or to recipients with whom we have an existing business relationship where the message relates to that relationship. Consent to receive text messages is not a condition of any purchase.
5.2 Types of messages
Messages are transactional and relate to your account or your request. They include one-time passcodes and verification codes, account and security notices, service and outage notices, appointment or scheduling confirmations, billing notices and replies to support requests.
5.3 Message frequency
Message frequency varies and depends on your activity and the notifications you have enabled.
5.4 Cost
Message and data rates may apply. Your mobile carrier, not TMOV Ventures, charges these rates, and they are governed by your plan. Contact your carrier for details.
5.5 Opting out
You may opt out at any time by replying STOP to any message from us. We will send a single confirmation message and then stop sending texts to that number, except where required for security or as otherwise permitted by law. You may also opt out by emailing legal@tmovventures.com. To resume messages after opting out, reply START or re-enroll through your account.
5.6 Help
Reply HELP to any message for assistance, or email legal@tmovventures.com.
5.7 Carriers and delivery
Delivery is subject to effective transmission by your mobile carrier and is outside our control. Carriers are not liable for delayed or undelivered messages. Supported carriers may change without notice.
5.8 Mobile opt-in data
We do not sell, rent, or share mobile opt-in data or consent with third parties for marketing purposes. Mobile numbers and consent records are used only to deliver the messages you asked for and are shared only with the messaging providers that transmit them on our behalf, under contract and only for that purpose.
6Voice calls and call recording
This section applies to any telephone call placed or received by TMOV Ventures or a venture we operate.
6.1 Consent to calls
By providing a telephone number to us, you consent to receive calls at that number relating to your account, your request or an existing business relationship. We do not place autodialed or prerecorded marketing calls without prior express written consent, as required by the Telephone Consumer Protection Act (TCPA) and applicable state law.
6.2 Monitoring and recording
Calls with TMOV Ventures may be monitored or recorded for quality assurance, training, security and record-keeping. Where a call is recorded, we give notice at the start of the call. Georgia is a one-party consent jurisdiction, but we give notice on every recorded call regardless of the jurisdictions involved. If you do not wish to be recorded, tell us at the start of the call and we will either stop the recording or continue the conversation by another channel.
6.3 Use and retention of recordings
Recordings and call metadata are handled as described in our Privacy Policy. We do not sell recordings and do not use them for marketing.
6.4 Opting out and do-not-call
You may ask us to stop calling at any time, during a call or by emailing legal@tmovventures.com. We maintain an internal do-not-call list and honor requests promptly. We also honor the National Do Not Call Registry and applicable state registries for any non-exempt call.
7Intellectual property
The Services, including all software, text, design, graphics and marks, are owned by TMOV Ventures LLC or its licensors and are protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purpose. No other rights are granted, and all rights not expressly granted are reserved.
8Third-party services
The Services rely on third-party providers, including communications, hosting and infrastructure vendors, and may link to third-party sites. We are not responsible for third-party content, products or practices, and your use of a third-party service is governed by that party's terms.
9Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ANY MESSAGE OR CALL WILL BE DELIVERED. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.
10Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TMOV VENTURES LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow these limitations, so parts of this section may not apply to you.
11Indemnification
You agree to indemnify and hold harmless TMOV Ventures LLC and its officers, members, employees and agents from any claim, liability, damage, loss or expense, including reasonable attorneys' fees, arising out of your use of the Services, your violation of these Terms or your violation of any law or third-party right.
12Termination
We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice. Sections that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, indemnification and governing law, survive.
13Changes to these Terms
We may revise these Terms from time to time. The effective date at the top of this page reflects the current version. Material changes will be communicated through the Services or by email where we have your address. Continued use after a change takes effect constitutes acceptance.
14Governing law
These Terms are governed by the laws of the State of Georgia, United States, without regard to its conflict of law rules. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Fulton County, Georgia for any dispute arising out of or relating to these Terms or the Services.
15General
These Terms are the entire agreement between you and TMOV Ventures LLC regarding the Services and supersede any prior understanding on the subject. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets.
16Contact
Questions about these Terms can be sent to legal@tmovventures.com, or by mail to:
TMOV Ventures LLC
8735 Dunwoody Place #8079
Atlanta, GA
30350
USA