Software as a Service and Support Services
Tambo Compass Terms and Conditions
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “THE CUSTOMER”) AND TAMBO MARKETPLACES LTD (HEREINAFTER “TAMBO”) GOVERNING YOUR USE OF TAMBO COMPASS SUITE OF ONLINE ANALYTICS SOFTWARE.
Acceptance of the Agreement
You must be of legal age to enter into a binding agreement in order to accept the Agreement. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by actually using the Services.
Description of Service
With the aim to provide better insight on performance and identify more opportunities for revenue growth and cost efficiency, Tambo will endeavour to provide the Customer with the most granular data accessible. The most granular data is usually daily data per market and can, depending on the report, report at Product/ASIN, campaign, keyword or targeting-method level. Tambo will build and provide access to analytics dashboards in line with the Customers subscription or package in terms of number of users, regions, categories and other such defining parameters as advertised.
Free subscription
If you register for a free package or trial, Tambo will make the applicable Services available to you free of charge. Tambo reserves the right to withdraw free access at any time in its sole discretion (unless terminated earlier by the Customer). Any data accessed during the free trial will be permanently lost unless the Customer (i) purchases the corresponding paid subscription plan for the account, or (ii) purchases applicable Service upgrades. The Customer is under no obligation to upgrade to a paid subscription at any time. Notwithstanding anything contained in this Section, Services are offered as-is during the free subscription period, without any warranty, covenant, support or liability whatsoever, to the extent permitted by law.
You must be of legal age to enter into a binding agreement in order to accept the Agreement. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by actually using the Services.
Description of Service
With the aim to provide better insight on performance and identify more opportunities for revenue growth and cost efficiency, Tambo will endeavour to provide the Customer with the most granular data accessible. The most granular data is usually daily data per market and can, depending on the report, report at Product/ASIN, campaign, keyword or targeting-method level. Tambo will build and provide access to analytics dashboards in line with the Customers subscription or package in terms of number of users, regions, categories and other such defining parameters as advertised.
Free subscription
If you register for a free package or trial, Tambo will make the applicable Services available to you free of charge. Tambo reserves the right to withdraw free access at any time in its sole discretion (unless terminated earlier by the Customer). Any data accessed during the free trial will be permanently lost unless the Customer (i) purchases the corresponding paid subscription plan for the account, or (ii) purchases applicable Service upgrades. The Customer is under no obligation to upgrade to a paid subscription at any time. Notwithstanding anything contained in this Section, Services are offered as-is during the free subscription period, without any warranty, covenant, support or liability whatsoever, to the extent permitted by law.
Fees and Payments
The Services are available under subscription plans of a minimum of 6 months for the Pro package and 12 months for Enterprise packages. Payments for subscription plans can be made via direct debit or debit / credit card. The Customer agrees to pay Tambo any applicable fees posted for the Services. By completing and submitting any credit card or other payment authorization through the Services, the Customer authorises Tambo to charge the fees to the payment details provided. The Customer authorises and directs Tambo to retain information about the payment method(s) associated with your account.
The subscription will be automatically renewed at the end of each subscription period unless the Customer downgrades a paid subscription plan to a free plan or informs Tambo that they do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the bank account or Credit Card last used. Please contact Tambo at finance@tambo.io to change the payment method. The Customer must inform Tambo at finance@tambo.io at least seven days prior to the renewal date if they do not wish to renew the subscription. If the subscription is not downgraded to a free plan or if the Customer has not informed Tambo that they do not wish to renew the subscription, the Customer will be presumed to have authorised Tambo to charge the subscription fee to the last payment details provided.
From time to time, Tambo may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of the Customers then current billing cycle.
In the event any tax such as VAT or the like is chargeable by Tambo in accordance with any local, state, provincial or foreign laws with respect to the Customers subscription to our Services ("Taxes"), Tambo will invoice the Customer for such Taxes. The Customer agrees to pay Tambo such Taxes in addition to the subscription fees. Tambo shall provide the Customer with an invoice in the format prescribed by UK laws to help the Customer avail the applicable input tax credit for the Taxes so paid.
The Customer must keep all billing information, including payment method, up-to-date. If Tambo does not receive payment from your designated payment method or any other payment method on file, the Customer agrees to pay all amounts due upon demand. The Customer will be responsible for accrued but unpaid charges, even if your account is subsequently cancelled by you or terminated by us. During any free trial or other promotion, if any, you will still be responsible for any add on purchases and surcharges incurred using your account.
After 30 days from the date of any unpaid charges, the Customers fee-based Services will be deemed delinquent and Tambo may terminate or suspend your account and Services for nonpayment. Tambo reserves the right to charge interest at a rate of 4% above the Bank of England’s base rate, or no less than 4% for any period when the base rate is below 0% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due and to use any lawful means to collect any unpaid charges. The Customer is liable for any fees, including legal and collection fees, incurred by Tambo in our efforts to collect any remaining balances from you.
The Customer is responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account, or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information.
Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by the Customer, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.
User Sign-up Obligations
The Customer needs to sign up for a user account by providing all required information in order to access or use the Services. If the Customer represents an organisation and wishes to use the Services for corporate internal use, the Customer, and all other users from the organisation, must sign up for user accounts by providing corporate contact information including email address. The Customer agrees to: (i) provide true, accurate, current and complete information about themselves as prompted by the sign up process; and (ii) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If the Customer provides any information that is untrue, inaccurate, outdated, or incomplete, or if Tambo has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Tambo may terminate a user account and refuse current or future use of any or all of the Services.
The Customer is responsible for all acts and omissions of Authorised Users as if such acts or omissions were its own. An obligation of the Customer contained in the Contract (unless the context reasonably requires otherwise) includes an obligation on the Customer to ensure that an Authorised User does not act, or omit to act, in breach of that obligation.
Personal Information and Privacy
Personal information the Customer provides to Tambo through the Service is governed by Tambo’s Privacy Policy. The Customers election to use the Service indicates acceptance of the terms of the Tambo Privacy Policy.
Duration of Terms
Once in effect, this Agreement will continue in operation as per the minimum term and / or until terminated by either Tambo or the Customer. However, even after termination, the provisions of this Agreement will remain in effect in relation to any prior use of the Services by the Customer.
After termination of this Agreement, Tambo will have no further obligation to provide the Services or access thereto. Upon termination, all licences and other rights granted to the Customer by this Agreement, if any, will immediately cease, but the Customers licences to Tambo shall survive, and certain of your obligations (including payment obligations, if any) will survive in accordance with the terms hereof.