Terms and Conditions of Use

General Statement

By clicking on “LOG IN”, or visualizing initially the log in screen and proceeding to access through any means to any TAGLAB service or solution, customer agrees to enter into contract with TAGLAB under the regulations of this agreement. This agreement is between the user set out on the registration or log in form (customer) whether they are paying customers or not, and TAGLAB S.A.R.L limited liability company registered in Lebanon hereby described as TAGLAB for the provision of any digital solution, software as a service, web application, or consulting service offered by TAGLAB or its associates.

TAGLAB might review or change the terms of this agreement by giving a minimum written notice by email of 20 days. It is customer’s duty to monitor their email box and spam box.

Intents of Use

Customer agrees and must ensure that the service is only used for the purpose of testing websites, mobile applications, and other digital assets with a justified ligitamate interest in the website, mobile application, or other digital assets processed by TAGLAB. Customer must ensure that no TAGLAB technology is used for any malicious or illegal purpose.

TAGLAB is not responsible for any server damage, digital data metrics inflation, and any other customer claims in regards to the usage of TAGLAB services. While we are confident that our practices are safe and well designed to research and optimize performances of web, mobile, and digital assets, it is customer’s full responsibility to ensure that TAGLAB robotic processes do not cause any harm, damage, or negative performance impacts, of their web, mobile, and digital assets.

Privacy, Confidentiality, Non-disclosure, and Intellectual Property

Each party must keep the Confidential Information of the other party confidential and must not disclose that information to any third party without the written consent of the other party. Each party must ensure that any person it discloses the other party’s Confidential Information to (including to its own employees) agrees to keep that information confidential on similar terms. Each party must use the Confidential Information of the other party only for the purpose of complying with its obligations under this agreement.

Confidentiality nature is applied to Intellectual Property Right (“Intellectual Property Rights” means software code, user interface designs, copyright, moral rights, trademark, trade dress, patent, utility model, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.) whose sole owner or authorized beneficiary is TAGLAB.

TAGLAB acknowledges that reports and data generated as a result of tests run using the service are the confidential information of the customer.

Customer acknowledges and agrees that the service and any necessary software used in connection with the service technologies contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

Each party retains all right, title and interest in its data, information and intellectual property rights, and nothing in this agreement is intended to transfer or diminish such rights. Nothing in this agreement gives customer any right, title or interest in the service, plugins and underlying software and proprietary and intellectual property rights.

TAGLAB may use aggregate information, including information generated based on the usage of Customer’s Accounts, to measure general Service usage patterns and characteristics of its user base, and may include such aggregate information about its audience in promotional materials or reports to third parties. This aggregate information will not reference any personally identifiable information, and will not be traceable to a specific person.

Privacy policy is regulated under separate policy issued publicly on TAGLAB website or on demand to any customer or interested party.

Customer Credentials & Identity

TAGLAB will provide customer with an initial account and access credentials. Customer may use that account to set up additional accounts or ask for the setup of such accounts for its employees and contractors to access the service. Customer must keep, and must ensure that each account user name and password is kept confidential and not disclosed to any other person. Credentials are associated to each individual user and must not be shared or used collectively. Individual users should be regulated by customer, where customer is the manager in charge of governing the way of use and held accountable for any violation made by other users under their account.

As a result, customer must ensure that each person who uses an account complies to this agreement.

Customer must ensure in true faith, that their identity and the identity of their associates is true and lawful under the jurisdiction of their country of residence, especially in terms of: Company Legal Name (if provided), First Name, Last Name, Country of Residence, Ownership of Email Address, and Telephone Number (if provided).

Service Beneficiaries Obligations

Customer must not copy, modify, host, stream, rent, or sublicense the service, or any software or content unless otherwise specifically agreed in written terms; Enable or allow others to use the Service, or software or content using your account information; Access, attempt to access, or command the services by any means  that are not natural human interactions with the graphical interface provided such as robotic process computerized or automated actions, or invoking our servers through any developer or API techniques are extremally prohibited unless otherwise authorized and regulated through a separate contract or a written consent; It is not allowed to intentionally circumvent any access, cause system damage, or failures, or avoid restrictions put into place to prevent certain uses of the Services;

It is forbidden to attempt to recreate, disassemble or reassemble, reverse the engineering, clone, automate access to user interface or backend unless specifically authorized or provided with keys or APIs under penalty of legal accountability for putting at risk or causing breaches or damages; Engage in behavior that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, utility model, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.); Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; Attempt to disable, impair, or destroy the services, software, or hardware; Disrupt, interfere with, or inhibit any other user from using the services.

Revoke, Restriction, or Suspension of Service

TAGLAB may suspend the service to customer at any time without prior notice where customer has failed to pay any amount due (including, for example, the failure of a credit or debit card transaction); or if TAGLAB forms the opinion that customer is in breach of any of the clauses of this agreement, especially under clauses of “privacy, confidentiality, non-disclosure, and intellectual property” and “Service Beneficiaries Obligations”. In case of minor violations, customer will be notified to rectify the violation within no more than 15 days to maintain or gain back suspended access. Otherwise customer will permanently loose the right to claim or dispute access or any refund.

In case of demo, or any free account, TAGLAB may suspend access to the service without any prior notice or justification.

Where TAGLAB agrees to charge by invoice TAGLAB will provide an invoice to customer at the start of each agreed accounting period. Customer must pay each invoice within 15 calendar days of the date of that invoice.

Pricing, Quota Usage & Refund Policy

TAGLAB may update, change, or customize its pricing policy to each customer. New pricing will not impact previously issued invoices and current active plans. In case of new pricing policy or quotation, it will be effective on a new plan after the expiry of an active plan. Customer can also withdraw or cancel their subscription anytime, and they will continue to benefit from the service until it’s expiry date.

Customer have the right to be informed about the quota usage rules and units of measurement. If customer do not specifically request further details, it is considered an acceptance to TAGLAB usage quota rules.

TAGLAB records of customer’s usage under quota rules are presumed to be accurate except to the extent customer can prove otherwise. Where customer disputes any invoice, Customer must pay the full amount of the invoice and, if the dispute is resolved in customer’s favor, TAGLAB will top up the customer account with necessary points equivalent or superior to the amount in discussion. Silent assent is applicable after one month beyond the due date of the invoice date.

TAGLAB may charge Customer the fees for all usage through any Customer account made by any associated user. Customer is liable for all usage of each account, regardless whether Customer has authorized the particular use in question.

No refunds will be made whatsoever, unless under exceptional cases if TAGLAB considers it applicable.

Modality of Access and Service Updates

During the term of this agreement TAGLAB will make the service available to customer from TAGLAB website unless otherwise specified. Browser plug ins, extensions, or other tools, downloadable or executable, may be provided as auxiliary services only as deemed necessary by TAGLAB. Customer agrees that unless explicitly stated otherwise, any new features that augment or enhance the service, and/or any new service(s) subsequently purchased, or released will be subject to this agreement. TAGLAB reserves to itself the right to modify, improve, discard, unmount, or release service features or software components as deemed necessary without any prior notice.

Termination of Agreement

This Agreement starts either when customer is invoiced, first logs in to benefit from a service, or when entering in another specific contract with TAGLAB. Whichever happens first. The duration if this agreement lasts one year after expiry of any free service, paid service, when customer decides to cancel or stop benefiting from the service, or TAGLAB decides to suspend or revoke access for any rightful reason.

Upon the expiry of any account validity, TAGLAB may without prior notice permanently delete all user and account information after 1 month in case of a paid service and immediately after a free service.

 

Last update: 04/04/2023