Terms and Conditions of Use

Last updated on August 2, 2019

TRYON Technology LTD. ("TRYON," "we" or "us") is pleased to provide you (“user” or “you”) with the TRYON services, including all associated software, and websites (collectively, the "Services").

By registering with us, or by using the Services, you agree to be bound by these Terms and Conditions of Use (the "Agreement,") which we may update from time to time. Your continued use of the Services constitutes your consent to such changes.

PLEASE READ THIS AGREEMENT CAREFULLY AND CHECK THESE TERMS AND CONDITIONS OF USE PERIODICALLY FOR CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES.

Account

A TRYON account is required in order to take full advantage of the Services. The account can be created directly by filling out the appropriate form on TRYON’s website. You agree to provide only accurate and true information in connection with the creation of your account, and to update your information as necessary so it remains accurate and current. You may not transfer your account to any third party. You are responsible for keeping your account login information confidential and for any and all activities that occur under your account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or other breach of security on the Services.

Subscriptions

Pricing
The pricing of our services is available at [link]. Payment is due at the beginning of each subscription period, payable securely at our platform (for payment processing we use the Stripe services [link]). We will email all payment invoices to users. In the event of a pricing change to your subscription, we will inform you within 2 (two) months before the new prices take effect. If you do not wish to continue using your subscription with the new prices, you may cancel your subscription in your TRYON online account cabinet.

Representations
You represent and warrant that you have the legal right to use any bank accounts or credit card(s) that you use to pay for the Services. You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

Prohibited use

It is important to us that the Services be used safely, and in accordance with the law, for the enjoyment of all users. You agree that you will not use the Services to:

Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, TRYON and other users content except aspermitted by this Agreement;
Promote any illegal activity, or advocate, promote or assist any unlawful act;
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise toany civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and ourPrivacy Policy;
Transmit any material or content that is pornographic, dehumanizing, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic or illegal;
Transmit any material or content that is inappropriate for families or otherwise suitable only for audiences over the age of 13;
Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
Transmit material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity or which otherwise constitutes or promotes counterfeit materials or goods;
Use the Services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or TRYON’s computer or networking systems, (c) will divert of the Services' system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or TRYON’s computer or networking systems.
Intrude into a third party's computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party's computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans, etc.);
Otherwise use the Services for purposes other than those for which they were designed.

Changes to the Services

TRYON Technology LTD. is committed to ensuring that the Services are as useful and efficient as possible. For that reason, we reserve the right to make changes to the Services at any time and for any reason. We will never charge you for the Services without making it very clear to you exactly what you are paying for.

In regards to devices with such operation systems as Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the Services) may change, and you will need to download the updates if you want to keep using the Services. TRYON Technology Ltd. does not promise that it will always update the Services so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the Services, and may terminate use of them at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the Services, and (if needed) delete it from your device.

The Services store and process personal data and information in order to provide our Service (Please see our Privacy Policy at https://tryon.jewelry/policy). It is your responsibility to keep your device and access to the Services secure. We therefore recommend that, for example, you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Services will not work properly or at all.

Not falling under our responsibility

You should be aware that there are certain things that TRYON Technology LTD. will not take responsibility for. Certain functions of the Services will require active internet connection. If you are using your phone, the connection can be Wi-Fi or provided by your network provider, but TRYON Technology Ltd. cannot take responsibility for the Services not working at full functionality if you do not have access to Wi-Fi, and you do not have any of your data allowance left.

If you are using your phone to access the Services outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Services, or other third-party charges. By using the Services, you are accepting responsibility for any such charges, including roaming data charges if you use the Services outside of your home territory (i.e., region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the Services, please be aware that we assume that you have received permission from the bill payer for using the Services.

Along the same lines, TRYON Technology LTD. cannot always take responsibility for the way you use the Services, i.e., you need to make sure that your device stays charged – if it runs out of battery and you cannot turn it on to avail the Services, TRYON Technology Ltd. cannot accept responsibility.

With respect to TRYON Technology LTD.’s responsibility for your use of the Services, when you are using the Services, it is important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. TRYON Technology Ltd. accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the Services.

At some point, we may wish to update the Services. In regards to devices with such operation systems as Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the Services) may change, and you will need to download the updates if you want to keep using the Services. TRYON Technology LTD. does not promise that it will always update the Services so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the Services, and may terminate use of them at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination:

a) the rights and licenses granted to you in these terms will end;
b) you must stop using the Services, and (if needed) delete it from your device.

Children under age of 13

THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER 13, and persons under the age of 13 are prohibited from registering with or using the Services. You represent and warrant that you are more than 18 years of age or, if you are above 13 and below 18 years of age, you are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.

Warranty Disclaimers, Limitations of Liability, Indemnity

Disclaimer of warranties
TRYON undertakes to provide the Services diligently and professionally, and otherwise makes no representations or warranties of any kind regarding the Services. You expressly agree that your use of the Services is at your sole risk. The Services are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. TRYON Ltd. expressly disclaims any and all representations and warranties, whether express or implied, including:

(i) all warranties of merchantability, fitness for a particular purpose, title, noninfringement, and any and all warranties arising - from course of dealing and usage of trade;
(ii) that the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate - without error;
(iii) as to the results that may be obtained from the operation, use or other exploitation of the Services; and
(iv) as to the accuracy or reliability of any information obtained from the Services. No advice or information obtained by you from TRYON or otherwise through the Services, will create any warranty not expressly stated herein.

Limitation of liability
TRYON’s maximum aggregate liability to any user will be the amount paid for the period in which the liability arises, only if the user has paid fees for use of the Services. TRYON will not otherwise be liable for any damages of any kind arising from the use of the Services or from any information, products or services included on or otherwise made available to you through the Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Indemnity
You agree to indemnify and hold TRYON and its affiliates, owners, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) assessed or incurred by TRYON directly or indirectly, with respect to or arising out of:

(i) your failure to comply with this Agreement;
(ii) your breach of your obligations under this Agreement;
(iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties;
(iv) your violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right; and/or
(v) any claim that any of your actions or content caused damage to a third party.

Changes to the Agreement

We may update the Agreement from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Agreement on this page. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions about the Agreement, do not hesitate to contact us at info@tryon.technology