Terms of Service

TeamingWay Inc. Terms of Service

Effective: June 1, 2019

Thank you! We are excited to welcome you and thrilled that you have either decided or still thinking to use TeamingWay and its products which we refer to as “Services”. The following “Terms of Service” apply when you view or use our Services [via our website “www.teamingway.com” or clicking on the Application "TeamingWay" (shown as icon “Teaming Way - One solution for team project collaboration & achieving business goals”) on your mobile device installed from Apple’s AppStore or Google’s PlayStore.]

Please read the following terms carefully. These “Terms” are drafted to define rules of our relationship with you. By accessing or using the Service, you signify your agreement to these Terms of Service. If you do not agree to these Terms of Service, then, of course, you are choosing not to use our Service.

1- Privacy Policy

TeamingWay respects the privacy of its Service users. Please refer to the TeamingWay’s Privacy Policy, which explains how we collect, use and disclose information that pertains to your privacy. When you access and use the Service, you signify your agreement to this Privacy Policy.

2- About the Service

TeamingWay is a is a goal-based productivity platform that empowers teams to communicate, collaborate and achieve business objectives faster.

3- Who can use the Service

By agreeing to our Services, you fully understand and affirm that:

  • Age Limitations To the extent prohibited by applicable law, Teamingway does not allow use of our Services and Websites by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will take steps to deactivate the account as necessary.
  • International Laws You are an individual who is not restricted to use such Services under the laws of United States, United Kingdom or any international jurisdiction that apply based on your location and nationality.
  • Local Laws You will comply with these terms and all other local laws and regulations that apply based on your location or nationality that may restrict or fully barred you to access such service and share knowledge, information or content in any form available on the Service.
  • On behalf of Business If you use the Service on behalf of a business or a group, you are the person who is legally allowed to represent such business or a group on the Service. You also affirm that you are an authorised person to be granted Use of Service License and set forth agree to all Terms specified under this Terms of Service.

4- User Account Information & Unauthorizes Use of Service

To sign up with the Service, you require a unique username, password and email address. You must provide a correct email address that belongs to you or a business that you represent. When you sign up, you also agree to our Terms of Service and once your account is created, it must be verified through Email Verification received from the Service. You must protect your access information. In case of any unauthorized use or any activity on the Service using your username that seems suspicious, you must notify the Service and change your password. The Service will not be responsible for any liabilities, losses or damages arising out of any unauthorized use of your username, password and/or account.

Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal information when you register your account with TeamingWay.
  • You will not create any account on behalf of any other person.
  • You will create any business account with proper authorization to represent the respective business.
  • You will not create more than one personal account even for testing purposes.
  • If you wish to deactivate your account, you will not create another account with new information.
  • If your account is blocked due to inappropriate use, you will not create a new account without TeamingWay’s consent.
  • You will do your best effort to keep your information current and updated.

5- General Restrictions

While we are not required to do, we may access, review and delete content posted by you. This may happen anytime and for any reason, this may also include if you violate the Terms of Service. Content created, uploaded and posted by you is your sole responsibility, hence you agree you will abide by the following terms while creating, uploading and posting your content on TeamingWay:

  • You will not post any information that is abusive, threatening, obscene, defamatory, libelous or racially, sexually, religiously or otherwise objectionable and offensive.
  • You will not use the Service for any unlawful purpose or for the promotion of illegal activities.
  • You will not attempt to, harness, abuse or harm anyone using Service.
  • You will not use other person’s account information to access the Service.
  • You will not interfere or attempt to interfere with proper functioning of the Service.
  • You will not by any automated means use the system or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructures.
  • You will not bypass any robot exclusion headers or other measures we may take to restrict access to the Service or use any software, technology, device to scrape, spider or crawl the service or harvest or manipulate data.
  • You will not publish or link malicious content intended to damage or disrupt other users’ browser, mobile device or computer.

6- Content Posting & Conduct Restrictions.

When you create your own personalized account, all content uploaded by you is referred as “User Content” that belongs to you. You are solely responsible for the “User Content” that you post, upload, link or otherwise make available when you use the service online. You agree that the Service is only acting as a conduit which is passive in nature and enables the distribution and publication of the User Content. TeamingWay however, reserves the right to remove any User Content from the service at its discretion.

When you create, upload, post, transfer, transmit any User Content using the Service, you fully understand, agree and abide to the following Terms:

  • You will be solely responsible for your account and the activity that occurs while you are signed in and using the Service.
  • You will not post information that is malicious, false or inaccurate.
  • You will not submit content that is copyrighted or subject to third party proprietary rights. This includes privacy, publicity, trade secret etc. unless you are the owner of such rights or have the appropriate permission from the rightful owner to specifically submit such content.
  • You hereby affirm that in an event of unrightfully posted content by you, we will remove any or/and all your content which may not or do not comply with Terms of Service and terminate your account with or without prior notice.
  • You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available access through your use of Service is solely your responsibility.
  • You understand and agree that TeamingWay is not responsible for any public display or misuse of your User Content. TeamingWay does not and can not pre-screen or monitor all User Content. However, at our discretion, we, or technology that we employ, may monitor and/or record your interactions with Service.

7- Online Content Disclaimer

  • Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by TeamingWay, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does TeamingWay adopts nor endorses, nor is TeamingWay responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than TeamingWay.
  • TeamingWay takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service.  Under no circumstances will TeamingWay be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service or transmitted to users.
  • Though TeamingWay strives to enforce these Terms of Service, you may be exposed to User Content that is inaccurate or objectionable.  TeamingWay reserves the right, but has no obligation, to monitor the materials posted in the public areas of 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 Service or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.
  • Messages sent to you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.
  • TeamingWay shall have the right to remove any such 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 misuse of our Service, please contact us on support@teamingway.com

8- Links To Other Sites and/or Materials

While using the Service, you may see content or link to such content that resides on third- party websites. While TeamingWay does screening of third-party content from time to time, it takes no responsibility for accuracy and decency of information shared through such third-party links. With links to other sites and/or materials, you and agree and abide by following terms:

  • Third Party Sites and Content. As part of the Service, TeamingWay may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”).
  • Responsibility. TeamingWay has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.
  • Navigation to other Sites. Links to Third Party Sites may navigate you to other sites and services, however, the inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by TeamingWay.  If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

9- Copyright Complaints & Copyright Agents

(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. TeamingWay may terminates access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. 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 pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at:

TeamingWay, Inc.
440 North Wolfe Rd
Sunnyvale, CA 94085
email: support@teamingway.com

If you file the notice, it must comply with the requirements set forth at 17 U.S.C. 512 (c) (3). That means notice must:

  • The date of your notification;
  • A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 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 address, telephone number, and/or email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counternotice containing the following information to our copyright agent using the contact information set forth above:

  • Your physical or electronic signature;
  • A description of the content that has been removed and the location at which the content appeared before it was removed;
  • A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  • If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

10- License Grant

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, nonexclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

11- Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. 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 this Agreement.

12- Email May Not Be Used to Provide Notices

Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

13- Indemnity

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, 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 THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS 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

14- PAYMENT OBLIGATIONS

1- Payment Terms

For Customers that purchase our Services, fees are specified at the Services interface “check-out” and in the Order Form(s) — and must be paid in advance. Payment obligations are non-cancelable and, except as expressly stated in the Contract, fees paid are non-refundable. For clarity, in the event Customer downgrades any subscriptions from a paid plan to a free plan, Customer will remain responsible for any unpaid fees under the paid plan, and Services under the paid plan will be deemed fully performed and delivered upon expiration of the initial paid plan subscription term. Check out our Support pages for more information about payment options. If we agree to invoice Customer by email, full payment must be received within thirty (30) days from the invoice date. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Customer will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income. Should any payment for the Services be subject to withholding tax by any government, Customer will reimburse us for such withholding tax.

2- Fair Billing Policy

className="mt-5 leading-7"We believe customers should only pay for subscriptions that are actually used, so we offer a Fair Billing Policy. Certain exceptions and conditions may apply, as noted in the Services interface “check-out” or in an Order Form.

3- Credits

Any credits that may accrue to Customer’s account (for example, from a promotion or application of the Fair Billing Policy), will expire following expiration or termination of the applicable Contract, will have no currency or exchange value, and will not be transferable or refundable. Credits accrued to a workspace on a free subscription plan will expire if the workspace’s plan is not upgraded to a paid plan within ninety (90) days of accrual, unless otherwise specified. For more information on credits, please see the Help Center.

4- Downgrade for Non-Payment

If any fees owed to us by Customer (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may, without limiting our other rights and remedies, downgrade any fee- based Services to free plans until those amounts are paid in full, so long as we have given Customer ten (10) or more days’ prior notice that its account is overdue. Notwithstanding the second paragraph of the “Providing the Services” section below, Customer acknowledges and agrees that a downgrade will result in a decrease in certain features and functionality and potential loss of access to Customer Data, as illustrated by comparing the plans in the Pricing Guide.

15- TERM AND TERMINATION

1- Contract Term

As further described below, a free subscription continues until terminated, while a paid subscription has a term that may expire or be terminated. The Contract remains effective until all subscriptions ordered under the Contract have expired or been terminated or the Contract itself terminates. Termination of the Contract will terminate all subscriptions and all Order Forms.

2- Auto-Renewal

Unless an Order Form says something different, (a) all subscriptions automatically renew (without the need to go through the Services-interface “check-out” or execute a renewal Order Form) for additional periods equal to one (1) year or the preceding term, whichever is shorter; and (b) the per-unit pricing during any automatic renewal term will remain the same as it was during the immediately prior term. Either party can give the other notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscriptions from automatically renewing.

3- Termination for Cause

We or Customer may terminate the Contract on notice to the other party if the other party materially breaches the Contract and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. Customer is responsible for its Authorized Users, including for any breaches of this Contract caused by its Authorized Users. We may terminate the Contract immediately on notice to Customer if we reasonably believe that the Services are being used by Customer or its Authorized Users in violation of applicable law.

4- Termination Without Cause

Customer may terminate its free subscriptions immediately without cause. We may also terminate Customer’s free subscriptions without cause, but we will provide Customer with thirty (30) days prior written notice.

5- Effect of Termination

Upon any termination for cause by Customer, we will refund Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by us, Customer will pay any unpaid fees covering the remainder of the term of those subscriptions after the effective date of termination. In no event will any termination relieve Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination.

6- Data Portability and Deletion

We are custodians of Customer Data. During the term of a workspace’s subscriptions, Customer will be permitted to export or share certain Customer Data from the Services; provided, however, that because we have different products with varying features and Customer has different retention options, Customer acknowledges and agrees that the ability to export or share Customer Data may be limited or unavailable depending on the type of Services plan in effect and the data retention, sharing or invite settings enabled. Following termination or expiration of a workspace’s subscriptions, we will have no obligation to maintain or provide any Customer Data and may thereafter, unless legally prohibited, delete all Customer Data in our systems or otherwise in our possession or under our control. Please review our Security Practices page for more information on how Customer itself can initiate deletion.

16- WARRANTY DISCLAIMER

TeamingWay tries its best to keep the Service up and running. But TeamingWay does not warrant that the service or access to and use of the service will be uninterrupted, error free, that defects will be corrected.

THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS 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, THE COMPANY MAKES 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.

17- MODIFICATION OF TERMS OF USE

We can amend these Terms of Use 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 regularly to view any such changes in the Agreement.  If you continue to use the Site, you signify your agreement to our revisions to these Terms of Service.  However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration.  For this additional reason, you should keep your contact and profile information current.  Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company.  No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

18- GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of the Company 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 will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year 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 and the laws of the State of [State of Residence], without regard to conflict of law provisions. The Company may assign or delegate these Terms of Service and/or the Company’s 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 the Company’s prior written consent, and any unauthorized assignment and delegation by you are void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THE TERMS OF SERVICE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE 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.

Teamingway

TeamingWay

TeamingWay is a single platform to manage and organize your work with the highest level of efficiency. You don’t have to get multiple applications as it offers you all the functionalities like creating projects, tracking progress, assigning tasks, setting deadlines or milestones in one place. Get work in control with TeamingWay