The Tembo websites, mobile applications ("apps"), and any other provided services (together with the websites and apps, the “service”) are governed by these terms of use; by accessing or using any part of the service you agree to be bound by these terms of service. Tembo may amend, update, or modify these terms at any time, any revision to these terms will become effective at your first use of the service from revision. If you do not agree to be bound by these terms of use, you are not authorized to access or use any provided website, app, or service.
Except for user-content (as defined below) all content provided through the Tembo website, mobile app, or other platforms operated by Tembo, are owned by us or licensed to us by a third party, you acknowledge and accept that we retain all intellectual property rights to this content. You acknowledge and accept that you are expressly prohibited from using our content except where we grant you a limited license to use this content in connection with the services we provide to you. You are granted no right or commercial license concerning any of our content. You are expressly prohibited from exporting any of our owned content, or intellectual property.
Subject to your compliance with these terms, we grant you a personal, non-commercial, non-transferable, non-sublicensable worldwide non-exclusive license to use our content for the sole purpose of using our services for your own personal, non-commercial use.
Any information, data, text, audio recordings, graphics, video, messages, or other such material that you post through various learning or social functions of the Tembo website or mobile app is considered to be your user content. You warrant and represent that any user content you contribute is yours or that you possess the necessary permissions from the relevant third party to post the user content. You are solely responsible for the content that you contribute and we accept no responsibility for any loss or damage of any kind incurred as a result of any user content that you contribute.
By contributing user content you grant to us an irrevocable, perpetual, non-exclusive, royalty-free, transferable, worldwide license (together with the right to sub-license) to use, copy, translate, reformat, prepare derivative works from, incorporate into other works, excerpt, to distribute, to publicly display, in whole or in part, the user content for any provision, delivery, or promotion of the services we provide.
We actively monitor all user content contributed through our platforms and reserve the right to remove any material which we may consider inappropriate for our services. This includes, but is not limited to any content:
Although we monitor the platform for any inappropriate content, such content may not have been brought to our attention immediately; therefore you acknowledge that by using our services you may be exposed to inappropriate content, we accept no liability for such content.
Tembo offers both free and premium (paid) services. For premium services, you agree to pay all fees or charges to your account, including applicable taxes, in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
All payments and transactions made in relation to our service are final and non-refundable. However, we reserve the right, in our sole discretion, to issue refunds or credits in specific circumstances. Any decision to provide a refund does not constitute an obligation on our part to issue the same or similar refund in the future. This refund policy applies regardless of the reason for the request, including but not limited to service disruptions, changes in our offerings, or any other reasons. You acknowledge and agree that your sole recourse regarding any dissatisfaction with any charge is to cease use of our service.
All payments made through Tembo are processed by third-party payment processors, not by Tembo. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement.
We reserve the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice or liability at any time. You agree that Tembo shall not be liable to you or any third party for any modification, suspension or discontinuance of the service. We have no obligation to maintain, support, upgrade, or update the service, or to provide all or any specific content through the service.
While we strive to provide continuous, uninterrupted access to our service, we cannot guarantee that the service will always be available or error-free or be uninterrupted. Due to reasons such as maintenance, system updates, network issues, external factors beyond our control, or any other unforeseen circumstances, the service or any part thereof may be temporarily unavailable. You acknowledge and agree that we will not be liable or responsible to you or any third party for any unavailability, suspension, or discontinuance of the service, in whole or in part, at any time and for any duration.
We reserve the right, in our sole discretion, to suspend, terminate, or disable your account or access to our service at any time, for any reason or for no reason, with or without prior notice, and without liability. This includes, but is not limited to, instances where we believe you have violated or acted inconsistently with the letter or spirit of these Terms of Service or any applicable laws or regulations. You acknowledge and agree that we shall not be liable to you or any third party for any termination or suspension of your account or for blocking your access to our service. Upon any such termination, your right to use our service will immediately cease, and we may, in our discretion, delete any content or data associated with your account.
You shall not, and shall not permit any third party to: (i) decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code for the apps, or any part thereof, unless explicitly permitted by applicable law notwithstanding this limitation; (ii) modify, adapt, improve, or create any derivative works from the Application; (iii) violate any applicable laws, rules, or regulations in connection with your access or use of the apps. Any unauthorized use, reproduction, or distribution of the apps or its source code is expressly prohibited and may result in severe civil and criminal penalties.
The service, including all content, software, functions, materials, and information made available on or provided in connection with the service, are provided "as-is." Tembo makes no representations or warranties of any kind, express or implied, as to the operation of the Service, or the information, content, materials, products or services included on or associated with the Service.
In no event shall Tembo, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content.