Terms of Service

Last updated and effective on: 4 September 2020

1. Introduction

TidalWare Ltd (“TidalWare,” “we,” “our”) owns and operates websites, including but not limited to remotish.com (the “Website” or “Websites”), and services, including but not limited to app.remotish.com (the “Service” or “Services”). TidalWare Ltd is located at Lawrence House, James Nicolson Link, York, YO30 4WG. By accessing our Websites and Services you agree to these terms. You may only use our Websites and Services if you agree to the following terms. If you do not agree with any of the terms, you may not continue using our Websites or Service. These terms are subject to change at any time, and we recommend checking periodically for updates. We will notify registered users of any changes to these terms subject to local laws. After any such update, your continued use of the Websites or Service constitutes your acceptance of such changes.

2. Our proprietary rights

Any materials contained in the Remotish Websites and Services including but not limited to names, logos, trademarks and service marks, any software and assets packaged within, code, text, designs, illustrations, photographs, audio and video clips, artwork, and other graphics, belongs to and is copyright TidalWare Ltd except where specified otherwise. The Remotish name and logo, and the TidalWare name and logo, are trademarks of TidalWare Ltd. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute the described material without permission of TidalWare Ltd. If you want to use the Remotish name and logo for press reasons, please send an email to: info [at] remotish [dot] com.

Environment page – photos copyright Dan Stark, Jason Blackeye, Yannick Menard.
Philosophy page – photos copyright Kevin Ku, Brooke Cagle.
Press page – photo copyright Marvin Meyer.
Download page – photo copyright Max Andre.
Project background images – photos copyright Jeremy Thomas, Sergey Shmidt, Thomas Richter, and others.
Third parties – the Stripe name and logo are trademarks of Stripe, Inc., the Slack name and logo are registered trademarks of Slack Technologies, Inc., the Dropbox name and logo are registered trademarks of Dropbox, Inc., the OneDrive name and logo are registered trademarks of Microsoft Corporation, the Box name and logo are registered trademarks of Box, Inc., the Google Drive name and logo are registered trademarks of Google LLC, the Trello name and logo are registered trademarks of Atlassian Corporation Plc, the Zoom name and logo are registered trademarks of Zoom Video Communications, Inc., the OUTER name and logo are trademarks of Outer Ltd.

3. User content

The customer/subscriber owns and controls content input, submitted or uploaded to the Remotish software and grants TidalWare Ltd a limited, non-exclusive and non-transferrable (except in relation to the sale or transfer of the business) license to access, use, copy, reproduce, process, adapt, publish, transmit, and display that content for the following limited purposes: (1) to maintain, provide and improve the service; (2) to prevent or address technical or security issues and resolve support requests; (3) to investigate when we have good reason to believe, or have received a complaint alleging, that such data is in violation of these terms; (4) to comply with a valid legal subpoena, request, or other lawful process (5) as otherwise set forth in these terms or as permitted in writing by the customer/subscriber.

4. Acceptable use

Disruption of the Service. You may not:

access, tamper with, or use non-public areas of the Service and Websites, TidalWare and Remotish’s computer systems, or the technical delivery systems of TidalWare and Remotish’s providers;
disrupt, attack, expose, harm, exploit, inject, inspect, probe, DDoS, reduce the performance of, hack, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
access or search the Service and Websites by any means other than TidalWare and Remotish’s publicly supported interfaces (for example, “scraping”);
attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service and Websites, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service and Websites.

Misuse of the Service and Websites. You agree not use the Websites or Service to carry out, promote or support:

any unlawful or fraudulent activities;
the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;
the publishing or posting of other people’s private or personal information without their express authorization and permission;
the sending of unsolicited communications, promotions advertisements, or spam;
the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
the promotion or advertisement of products or services other than your own without appropriate authorization.

User content standards. You may not post content to the Websites or Service that:

Violates any applicable law;
Violates third party intellectual property rights;
Violates anyone’s right of privacy or publicity;
Is deceptive, fraudulent, illegal, obscene, pornographic, defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;
Contains any personal information of minors;
Contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without written consent from TidalWare Ltd;
Contains viruses, bots, worms, keyloggers, spyware, or similar harmful materials; or
Contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.

User and personal security.

You agree to take reasonable security precautions before and during use of the software, examples including but not limited to access via unsecured networks, public wifi, failure to enable 2FA, poor password strength, viruses, keyloggers, spyware etc.
You agree that TidalWare Ltd cannot be held responsible for any security breach or loss of data as a result of external factors out of our control.

Discovery of security flaws and bugs.

You agree to immediately and exclusively inform TidalWare Ltd if any security flaw or major or disruptive bug is found.

5. Registration requirements

Registration requirements include but are not limited to the following.

You must be at least 13 years old to use this service.
You must be human, no bots are allowed.
You must provide a valid email address to complete user registration.

6. Termination and deletion of data

We reserve the right to terminate, suspend or restrict your access to our Websites or Service, your accounts, your subscriptions, and your Remotish organizations, for any reason without notice. Please refer to 8 in the Privacy Policy for deletion of data.

7. Law enforcement

We reserve the right to notify, comply, or share your information or data with third parties or law enforcement agencies if strictly required by law in the applicable jurisdictions (which, except payment information, is limited to German and EU law), or if we believe there is a clear violation of the law.

The legal jurisdictions of payment information varies according to factors such as billing address, and registered card address. UK, CH, and EU card holders are protected by Stripe’s Pirvacy Shield Framework.

TidalWare Ltd is subject to laws of the United Kingdom (and the EU, while the Brexit transition period is active), however, your data is not inside the scope of UK law, except, for example, UK payment information.

We may monitor your account or data without your knowledge if we believe you are in violation of our terms, the law, or it is required by the law.

8. Subscription requirements

Subscription requirements include but are not limited to the following.

You must provide a valid name, billing country, billing address, and card details to subscribe to Remotish.
The billing country must match the VAT number (if supplied), the postal code, and the card country.
You must be the card owner of or have express permission from the card owner.
You must be at least 13 years old.

9. Fees, invoices, and payment

You are responsible for ensuring fees and invoices related to use of this software are legally paid along with all applicable taxes.

TidalWare Ltd is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by TidalWare Ltd.

Currency exchange settlements will be based on agreements between you and the provider of your credit card.

Accounts that are not collectable by TidalWare Ltd may be turned over to an outside collection agency for collection.

You must not commit any acts of fraud or use illegally obtained money to pay for our service. We reserve the right to fully investigate possible accounts of fraud in accordance with the law.

10. Free trial and subscription billing

The free trial period available to new subscriptions may change at any time. Existing subscribers will keep the free trial period that was available at the time of subscribing even if the period changes for new subscriptions. If the subscription is cancelled, the free trial cannot be resumed. The subscription can be resumed after cancellation. The subscriber will be automatically charged at the end of the free trial period unless the subscription has been cancelled. The subscription will automatically renew until cancellation. If the payment fails or the subscription is cancelled, the organization may be inaccessable to all members of the organization until the payment is successful or the subscription is resumed. Prices are subject to change for new and existing subscribers. Existing subscribers will be notified before any price changes are applied. Per user storage is substituted with a total storage limit during the free trial. Subscribers can end the free trial early and unlock per user storage by contacting Remotish support.

11. Subscription cancellation and refunds

You may cancel your subscription at any time, and will not be charged for any further usage beyond that time. You will be charged for usage up to such point. We do not offer refunds.

12. Taxes and VAT

Sales tax, GST, or VAT, will be applied to your total charge depending on your billing address. Prices shown on the Website are excluding tax.

13. Environment

We currently allocate a minimum of 10% of revenue from the Remotish product to carbon sequestration and environmental projects, this figure may change at any time. Changes to this figure will not apply to existing subscribers, unless a) the figure is increased b) the subscription is cancelled or expired c) global CO2 levels reach 380 PPM or below. Subscribers may request information on how this allocation is spent.

14. Features & Plans

We may change plans, features, feature availability, and storage capacity at any time. We will notify existing subscribers of any significant changes.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL TIDALWARE LTD BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATIONS, DAMAGES FROM THE LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF TIDALWARE LTD KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree that TidalWare Ltd shall not be liable for any damages, injuries, deaths, loss of profit, financial decisions, or any other losses as a result of using the Websites or Service.

16. Privacy policy

Please refer to our Privacy Policy.

17. Questions and comments

If you have any questions or comments about these terms, please get in touch via the email address provided on the homepage.