AGB

Date: 18/05/2021

Tably is a product of Tably Technology Holdings Ltd.

These terms and conditions outline the rules and regulations for the use of Tably Technology Holdings Ltd's website and / or any products / services bought from Tably Technology Holdings Ltd.

Tably Technology Holdings Ltd is located and contactable at:

The Black Church,
St. Mary’s Place,
Dublin 7, Irland

Tel.: +43 (0)5356 20474
E-Mail: info@usetably.com

Official representation in continental Europe is:

ALPIN11 New Media GmbH,
Rennfeld 14, 6370 Kitzbühel,
Austria 

By using / accessing this website and / or related products / services we assume you accept these terms and conditions in full. Do not continue to use Tably Technology Holdings Ltd's website if you do not accept all of the terms and conditions stated on this page.

When purchasing products or signing up for subscriptions / memberships you agreed to these terms and conditions (see 4. Subscriptions and Payment for further details).

1. Definitions
2. Cookies
3. Content and rights
4. Subscriptions and payment
5. Disclaimer
6. Indemnity
7. Governing Law and Jurisdiction
8. Notification of Changes

1. Definitions
The following terminology applies to these Terms and Conditions and Privacy Statement as well as any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website or having purchased a subscription / product or subscriptions / products and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to Tably Technology Holdings Ltd, or ALPIN11 New Media GmbH. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. "Website" refers to a virtual presence of a business, individual or other actor created by Tably Technology Holdings Ltd. Its purpose is to publish certain information that is generally visible to all Internet subscribers. "Tably" refers to the software, whether offline or online, provided by us to you. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Ireland. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2. Cookies
We employ the use of cookies. By using Tably Technology Holdings Ltd's website you consent to the use of cookies in accordance with Tably Technology Holdings Ltd’s privacy policy. In addition, if you are in possession of Tably subscription(s), you also agree by accepting these terms and conditions, that we may place any cookies (first or third party) on your devices when you access Tably, or any page related to the use of Tably.

Most of the modern-day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

3. Content and rights
3.1 License
Unless otherwise stated, Tably Technology Holdings Ltd and / or its licensors own the intellectual property rights for all material on Tably Technology Holdings Ltd's website. All intellectual property rights are reserved. You may view and/or print pages from https://usetably.com/ for your own personal use subject to restrictions set in these terms and conditions.

You must not:

Republish material from https://usetably.com/
Sell, rent or sub-license material from https://usetably.com/
Reproduce, duplicate or copy material from https://usetably.com/
Redistribute content from Tably Technology Holdings Ltd (unless content is specifically made for redistribution).

3.2 Hyperlinking to our Content
The following organisations may link to our website without prior written approval:
Government agencies;
Search engines;
News organisations;
Online directory distributors, when they list us in the directory, may link to our website in the same manner as they hyperlink to the websites of other listed businesses;
and Systemwide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website.

These organisations may link to our home page, to publications or to other website information so long as the link:
(a) is not in any way misleading;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
(c) fits within the context of the linking party's site.

We may consider and approve in our sole discretion other link requests from the following types of organisations:
(a) commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
(b) dot.com community sites;
(c) associations or other groups representing charities, including charity giving sites, online directory distributors;
(d) internet portals;
(e) accounting, law and consulting firms whose primary clients are businesses; and
(f) educational institutions and trade associations.

We will approve link requests from these organisations if we determine that:
(a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organisations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
(b)the organisation does not have an unsatisfactory record with us;
(c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and
(d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organisation.

If you are among the organisations listed above and are interested in linking to our website, you must notify us by sending an e-mail. Please include your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URL(s) on our site to which you would like to link.
Allow 2-3 weeks for a response.

Approved organisations may hyperlink to our website as follows:
(a) By use of our corporate name; or
(b) By use of the uniform resource locator (Web address) being linked to; or
(c) By use of any other description of our website or material being linked to that makes sense within the context and format of content on the linking party's site.
(d) No use of Tably Technology Holdings Ltd’s logo or other artwork will be allowed for linking absent a trademark license agreement.

3.3 Iframes
Without prior approval and express written permission, you may not create frames around our website or use other techniques that alter in any way the visual presentation or appearance of our website.

3.4 Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our website, you agree to be bound to and abide by these linking terms and conditions.

3.5 Removal of links from our website
If you find any link on our website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

3.6 Content Liability
We shall have no responsibility or liability for any content uploaded by you, or appearing on your version of Tably. You agree to indemnify and defend us against all claims arising out of or based upon your content, website(s) and / or Tably. No link(s) or content (eg. media / text) may be uploaded or appear on any page on your website(s) and / or Tably, or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third party rights or laws. You are solely responsible and liable for any content, copyrighted / trademarked or not, uploaded by you (or your users), or shown by your website(s) and / or your version of Tably. This includes content from external sources (eg. Vimeo, Instagram, YouTube, Google, iFrames, RSS feeds, CDN resources, and others). You further grant Tably Technology Holdings Ltd and its partners a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, and display your user content for the purposes of providing our services.

3.7 Account Security
You must provide us with accurate and complete information at the time of registration. Failure to do so may violate these terms and conditions, which may result in the cancellation of your account. You can update, change, or delete the information in your account at any time. It is your responsibility to manage your account and keep it safe. If you believe the security of your account or password is compromised, please contact us immediately.

4. Subscriptions and payment
4.1 Tably
4.1.1 Contract
The subscription tiers are stated on the pricing section on the home page of the https://usetably.com website. Aside from the "pay-as-you-go" subscription, a subscription to any other tier is always a 12-month rolling contract (billed monthly and in advance) and will automatically be extended by another 12 months without further notice unless canceled in accordance with paragraph 4.1.2. "Pay-as-you-go" and "SMS Add-on" contracts are billed retroactively at the end of each 1 month period. Services included are the usage of the Tably Software as described in paragraph 4.1.3.

4.1.2 Cancellation of the subscription/contract
Cancellation of the subscription can only be done by written confirmation or within your account and must be done at least 1 calendar month before the renewal date. Add-ons have a 2 month cancelation period so therefore must be cancelled at least 2 calendar months in advance. Tably Technology Holdings Ltd reserves the right to cancel your contract at any time, for any reason. If you have been given a "free trial" period by Tably Technology Holdings Ltd. then you may cancel your contract up to 1 day before the end of the "free trial".

4.1.3 Usage of Tably Software
For the duration of a subscription, you will receive access to the Tably software in order to make use of our services. The settings and features provided to you are "as is" and subject to change at any time. An active internet connection and compatible devices (eg. PC, Mac, Tablet or Smartphone) are required to make use of Tably. You are solely responsible for acquiring any services, legal documentation, or devices, at your own cost, that may be needed to use Tably. Tably Technology Holdings Ltd strive for a 99,9% uptime, however we do not guarantee any uptime. In addition to paragraph 3.6, you agree that by using Tably, you have obtained all necessary rights for any media / text or other content, and are legally allowed to show all content publicly. Further, you grant Tably Technology Holdings Ltd and its partners a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, and display your company and / or restaurant / hotel logo for the purposes of marketing or any other use case that Tably Technology Holdings Ltd or its partners see fit.

4.2 Invoice payment failure
If your account can not be billed for the active or current subscription(s) within 30 days, additional fees may be added and your contract may be canceled by Tably Technology Holdings Ltd. This will result in all outstanding invoices becoming immediately due.

4.3 Right to withdraw
By agreeing to these terms and starting your contract with Tably Technology Holdings Ltd. you agree to partake in a b2b (business to business) relationship and give up any right to withdrawal. If a "free trial" period has been agreed between you and Tably Technology Holdings Ltd. then you can cancel the contract within the agreed terms. For cancellations see paragraph 4.1.2.

5. Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website or services and products (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and / or the use of reasonable care and skill).
Tably Technology Holdings Ltd is not liable to the maximum legal framework for indirect, special, incidental, consequential, or penalty damages, or a loss in profits or revenue, incurred directly or indirectly, or loss of data, or good-will, or use, or any other intangible losses, resulting from

(a) your use of, or impossibility to access or use the products / services;
(b) any third party behaviour or content of the products, including no limitation, any behaviour of reinforcing or illegal behaviour of other users or third parties; or
(c) unauthorised access, use, or modification of your content. In no event will our liability exceed one hundred euros (€100).

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

6. Indemnity
You agree to indemnify Tably Technology Holdings Ltd and its officers, directors, employees, and representatives from any claims, lawsuits, procedures, disputes, claims, liabilities, damages, losses, costs, and expenses, including without limitation, reasonable legal and accounting fees, including costs of defending third-party claims, lawsuits, or actions / proceedings, in any way related to (i) your access to or use of our website / products / services, (ii) your user content, or (iii) your violation of any of the above criteria are subject to these terms.

7. Governing Law and Jurisdiction
Irish law shall be applicable for all legal relations of the parties. The court of jurisdiction is situated in Dublin, Ireland.

8. Notification of Changes
Tably Technology Holdings Ltd reserves the right to change these terms and conditions from time to time at its own discretion. When changes are made to these terms and conditions, you will be notified by e-mail, or in your account. If changes are made to these terms, your continued use of the website / products / services indicates that you agree to the terms as published.

These Terms and Conditions are valid in english only. Any translations are purely informational.
These General Terms and Conditions come into force on 18 May 2021.