These Terms of Use (the “Agreement”) are entered into and effective as of the date of your account registration with tomeup.com
By using the Website, or by clicking to “accept” or “agree” to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by this Agreement and our Privacy Policy, incorporated herein by reference. You also acknowledge and warrant, if applicable, that you have the authority to enter into this agreement on behalf of, and bind, the entity for which you will be using the Service as a registered user.
This Agreement governs the relationship between Decen LTD (Registration number: 16982730) Company Address: 6 Boundary Row, London SE1 8HP, United Kingdom, trading as “Tomeup” (“Tomeup”, the “Company,” “we,” “our,” or “us”), and you, the account holder, user, or licensee (“You” or “User”, collectively – the “Parties”), whether as an individual or as a representative of an entity.
The Agreement also covers your use of our website (“Website”) and our Software as a Service products (“Service”). By using the Website, or by clicking to “accept” or “agree” to these Terms of Use when this option is made available to you, you accept and agree to be bound by this Agreement and our Privacy Policy, incorporated herein by reference.
If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all eligibility requirements.
1.Grant of Rights
1.1. Software. Subject to the terms and conditions set forth herein, the Company grants you a limited, worldwide, non-exclusive, fee-based, non-transferable right and license, under its Intellectual Property Rights, to use the Service solely in the form provided by Tomeup.
1.2. Limited Rights of Licensee. Your use of the Service does not grant you any ownership rights. All rights granted under this Agreement are rights of a licensee only and remain valid only while you comply with the terms of this Agreement.
1.3. No Other Rights. Except for the limited rights expressly granted, this Agreement does not grant any additional rights to the Service, Documentation, Confidential Information, or trademarks.
The Company retains all rights, title, and interest in and to the Service, including all intellectual property rights, patents, copyrights, trade secrets, trademarks, trade names, logos, and proprietary materials.
1.4.Content produced by or for Tomeup may be subject to intellectual property protection. Any third-party content displayed on the Website may be subject to copyright and remains the property of its respective owners.
2.Payments
2.1. Taxes. All fees for the Service are payable as specified on the Website at the time of purchase.
Fees do not include any applicable taxes, including VAT, sales, use, or other similar taxes imposed by any jurisdiction. You are responsible for paying all applicable taxes related to your use of the Service, except for taxes based on the Company’s net income.
If the Company is legally required to collect taxes, the appropriate amount will be added to your invoice unless you provide a valid tax exemption certificate.
3.Your Additional Obligations
3.1. Books and Records. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to provide accurate, current, and complete information during registration and to update such information as necessary.
3.2 Lawful Use. You agree to use the Website and Service only for lawful purposes and in compliance with all applicable laws and regulations.
You must not:
Use the Service for fraudulent or illegal activity
Misuse or interfere with the Service
Attempt unauthorized access to any system or data
Reverse engineer or copy the Service
4.Limited Warranty
4.1. Limited Warranty. The Company will use commercially reasonable efforts to provide the Service in accordance with its description on the Website.
4.2. Disclaimer. To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or reliability
The Company does not guarantee uninterrupted or error-free operation of the Service.
5.Terms and Termination
5.1. Terms. This Agreement remains in effect while you use the Service.
5.2. Termination by You. You may terminate your account at any time by contacting the Company.
5.3. Termination by the Company. The Company may suspend or terminate your access to the Service at its sole discretion, including if you violate this Agreement.
5.4. Effect of Termination. Upon termination:
- Your right to use the Service immediately ceases
- Outstanding payment obligations remain due
Certain provisions, including intellectual property, limitation of liability, and indemnification, will survive termination.
6.Indemnification by Licensee
You agree to indemnify, defend, and hold harmless Decen LTD (trading as Tomeup), its directors, officers, employees, affiliates, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with:
Your violation of any law or third-party rights
Your use of the Service
Your violation of this Agreement
7.Limitation of Liability
7.1. No Consequential Damages. To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of data, or business interruption.
7.2. Cap on Monetary Liability. The total aggregate liability of the Company arising out of or relating to this Agreement shall not exceed the total amount paid by you to the Company for the Service in the twelve (12) months preceding the claim.
Nothing in this Agreement excludes or limits liability where such exclusion is not permitted under applicable law.
8.Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.
Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
9.General Provisions
9.1 Entire Agreement.This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings.
9.2 Amendments.The Company may revise these Terms of Use at any time. Updated versions will be posted on the Website and become effective immediately upon posting.
Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.
9.3 Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.4 Force Majeure. The Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including natural disasters, governmental actions, internet failures, or other unforeseen events.
9.5 Assignment. You may not assign this Agreement without prior written consent of the Company. The Company may assign this Agreement without restriction.
9.6 Contact Information. For any questions regarding these Terms, you may contact:
Decen LTD
Registration number: 16982730
Company Address: 6 Boundary Row, London SE1 8HP, United Kingdom
Email: support@decen.pro
Phone: +44 203 996 3059