VER Terms and Conditions

User Agreement

Effective Date: [02-15-2024]

This User Agreement (“Terms”) applies to your access to and use of the websites, mobile apps, widgets, APIs, emails, and other online or networked products and services (collectively, the “Services”) provided by Tenki LLC (“Tenki LLC,” “we,” “us,” or “our”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

1. Your Access to the Services

No one under 13 is allowed to use or access the Services. We may offer additional Services that require you to be older to use them, so please read all notices and any Additional Terms carefully when you access the Services.

By using the Services, you state that:

You are at least 13 years old and over the minimum age required by the laws of your country of residence to access and use the Services;

You can form a binding contract with Tenki LLC, or, if you are over 13 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms;

You are not barred from using the Services under all applicable laws; and

You have not been permanently suspended or removed from the Services.

2. Privacy

Our Privacy Policy, which is expressly incorporated into these Terms, explains how and why we collect, use, and share information about you when you access or use our Services. You understand that through your use of the Services, you consent to the collection and use of this information as set forth in the Privacy Policy.

3. Your Use of the Services

Subject to your complete and ongoing compliance with these Terms, Tenki LLC grants you a personal, non-transferable, non-exclusive, revocable, limited license to: (a) install and use a copy of our mobile application(s) associated with the Services that is obtained from a legitimate marketplace on a mobile device owned or controlled by you (“Application”); and (b) access and use the Services. We reserve all rights not expressly granted to you by these Terms.

With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:

license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
access the Services or Content in order to build a similar or competitive website, product, or service, except as permitted under any Additional Terms (as defined below).

We are always improving our Services. This means we may add or remove features, products, or functionalities. We may require you to accept updates to our mobile apps or software that you have installed on your computer or mobile device, and you may need to update third-party software from time to time, in order to use the Services. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

You must provide all equipment and software necessary to use the Services, including but not limited to, mobile devices that are suitable to connect with and use the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when using the Services.

4. Your Account and Account Security

To use certain features of our Services, you may be required to create a Tenki LLC account (an “Account”) and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy.

You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Tenki LLC if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account.

You will not license, sell, or transfer your Account without our prior written approval.

5. Your Content

The Services may contain information, text, links, graphics, photos, videos, audio, streams, software, tools, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee any of Your Content in any way, including but not limited to its completeness, truthfulness, accuracy, fitness for purpose, appropriateness or reliability. You, and not Company, are entirely responsible for all of Your Content, and you acknowledge that other users, and not Company, are similarly solely responsible for all Content that they create with or submit to the Services.

By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

You retain any ownership rights you have in Your Content. However, in order for us to deliver the Services, including storing and displaying Your Content to you or others you choose in locations of your choice, you grant Tenki LLC the following standard license to use that Content as follows:

When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Tenki LLC. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

Any ideas, suggestions, and feedback about Tenki LLC or our Services that you provide to us are entirely voluntary, and you agree that Tenki LLC may use such ideas, suggestions, and feedback without compensation or obligation to you.

Although we have no intention or obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, or if you otherwise create or are likely to create liability for us.

Unless expressly agreed to by Tenki LLC in writing elsewhere, Tenki LLC has no obligation to store any of Your Content. Tenki LLC has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. You agree that Tenki LLC retains the right to create reasonable limits on our use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits as determined by us in our sole discretion.

6. Third-Party Content, Advertisements, Promotions, and Applications

The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content. The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.

You acknowledge and agree that the availability of the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store (an “App Store”). For any App Store Sourced Application:

(a)    You acknowledge and agree that (i) the Terms are concluded between you and Company only, and not Apple, and (ii) Tenki LLC, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c).    In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Tenki LLC and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Tenki LLC.
(d).    You and Tenki LLC acknowledge that, as between Tenki LLC and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e)       You and Tenki LLC acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Tenki LLC and Apple, Tenki LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
(f)        You and Tenki LLC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third- party beneficiary thereof.
(g)       Without limiting any other provision of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

7. Things You Cannot Do

When using or accessing the Services, you must comply with these Terms and all applicable laws, rules, and regulations. In addition to what is prohibited elsewhere in these Terms, you may not do any of the following:

Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services;
Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services;
Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features;
Use the Services to violate applicable law or infringe any person’s or entity’s intellectual property rights or any other proprietary rights;
Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with Tenki LLC; or
Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Tenki LLC or any payment system.

We encourage you to report content or conduct that you believe violates these Terms. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email c@tenki.studio.

8. Shared Experiences

Room Sharing, Social Folders, Common Spaces, and any other Service that includes the participation of, or interaction with, other users (collectively, “Shared Experiences”) are solely the responsibility of the users participating in Shared Experiences. WE ARE NOT RESPONSIBLE FOR ACTIONS TAKEN BY ANY USERS PARTICIPATING IN SHARED EXPERIENCES, AND YOU AGREE THAT COMPANY WILL NOT BE RESPONSIBLE FOR ANY LIABILITY INCURRED AS THE RESULT OF ANY SHARED EXPERIENCES. YOU UNDERSTAND THAT COMPANY DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS USERS. YOU USE ALL CONTENT AND INTERACT WITH OTHER USERS AT YOUR OWN RISK. However, we reserve the right to revoke or limit a user’s ability to participate in Shared Experiences at any time and for any reason or no reason, including for a breach of these Terms.

If you choose to participate in Shared Experiences:

You agree not to take any action or share any Content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;

You agree that when you receive reports related to a Shared Experience you organize or maintain, you will take appropriate action, which may include removing Content that violates these Terms and/or promptly escalating to [COMPANY] for review;

You are not, and may not represent that you are, authorized to act on behalf of Tenki LLC;

You may not enter into any agreement with a third party on behalf of Tenki LLC, or any Shared Experience you organize or maintain, without our written approval;

You may not take actions of any kind in connection with any Shared Experience in return for any form of compensation, consideration, gift, or favor from third parties, or that constitute unauthorized or unsolicited advertising, or that involve commercial activities engaged in without Tenki LLC’s prior written consent;

You agree that you will respect the privacy of others, and if you have access to non-public, private, personal or confidential information as a result of participating in Shared Experiences, you will use such information only in connection with your participation in Shared Experiences;

You agree to properly label Content, including Rooms, relating to any Shared Experience you organize, maintain or participate in, where such Content or Rooms may contain material that is graphic, explicit or intended only for adults; and

You may create and enforce rules for the Shared Experiences you organize or maintain, provided that such rules do not conflict with these Terms or applicable law.

Tenki LLC reserves the right, but has no obligation, to overturn any action or decision of a user organizing or maintaining a Shared Experience if Tenki LLC, in its sole discretion, believes that such action or decision is not in the interest of Tenki LLC or the Tenki LLC community.

9. Copyright, Trademark, the DMCA, and Takedowns

Tenki LLC respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify Tenki LLC’s Designated Agent by filling out our Copyright Report Form or Trademark Report Form, or by contacting:

c@tenki.studio

See 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Tenki LLC for certain costs and damages.

If we remove Your Content in response to a copyright or trademark notice, we will notify you. If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification via our Copyright Counter Notice Form or to our Copyright Agent (contact information provided above). Please see 17 U.S.C. § 512(g)(3) for the requirements of a proper counter notification.

10. Paid Services
There are no fees for the use of many aspects of the Services. However, some services, features, and products may be available for purchase (“Paid Services”). These may include certain subscriptions (“subscriptions”) and certain virtual goods, currencies or items (collectively, “Virtual Goods”) made available through the Services under these Terms. By purchasing or using Paid Services, you further agree to the following terms in this section:
(a) General Purpose is Sale of Service, not Software. The purpose of the Terms is for you to secure access to the Services. All fees set forth within and paid by you under the Terms shall be considered solely in furtherance of this purpose. In no way are these fees paid considered payment for the sale, license, or use of our software, and, furthermore, any use of our software by you in furtherance of the Terms will be considered merely in support of the purpose of the Terms.
(b)        Payment.   You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You may submit your debit card, credit card, or other payment information (your “Payment Information”) via our Services to purchase Paid Services. We accept certain payment methods that may vary by country or Paid Services. We use third-party payment processors (for example, Apple, Google, Stripe, PayPal, etc.) to process your Payment Information (our “Payment Partners”). If you submit your Payment Information, you agree that: your Payment Information is true and correct; you are authorized to use your Payment Information; you will pay for the Paid Services (including any applicable taxes, fees, and costs) by the payment due date; you give us and our Payment Partners permission to charge you for the Paid Services, using your Payment Information, when payment is due for the full amount of the purchase (including any applicable taxes, fees, and costs); we may retain and share your Payment Information with our Payment Partners in order to process your purchase of Paid Services; and we may retain and use your Payment Information (including any information about you and your Payment Information provided to us by our Payment Partners) to provide you with notices and disclosures relating to renewals, recurring charges, and changes affecting your purchase. If you purchase any Paid Services via our Payment Partners, then that purchase may be further subject to the legal terms and privacy policies of the applicable Payment Partners. For purchases via our Payment Partners, your billing relationship will be directly with the applicable Payment Partner. Any fees charged for Paid Services will be billed by the applicable Payment Partner using the payment method you have provided that Payment Partner. We reserve the right at any time to change prices and billing methods, either immediately upon posting on the Services or by e-mail delivery to you.
(c)      Taxes. Tenki LLC will charge applicable taxes and fees when required to do so, but it is your responsibility to pay for all applicable taxes and fees associated with your use of the Services and your access to and purchase and use of Paid Services, including transaction taxes, data plan fees, internet fees, and other similar costs.
(d)      Automatic Renewal of Subscriptions. YOUR SUBSCRIPTION WILL CONTINUE INDEFINITELY UNTIL TERMINATED IN ACCORDANCE WITH THE TERMS. AFTER YOUR INITIAL SUBSCRIPTION PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF SUCH PERIOD (EACH A “RENEWAL COMMENCEMENT DATE”) AND CONTINUE FOR AN ADDITIONAL EQUIVALENT PERIOD, AT Tenki LLC’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTION. IF YOU DO NOT WISH YOUR ACCOUNT TO RENEW AUTOMATICALLY, OR IF YOU WANT TO CHANGE OR TERMINATE YOUR SUBSCRIPTION, PLEASE CONTACT COMPANY AT c@tenki.studio.   If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Tenki LLC to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Tenki LLC does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Tenki LLC may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your subscription will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). If you purchased a subscription using your Apple ID, you can cancel your subscription through your device’s Account Settings or in the Manage Subscriptions section of the Apple App Store. You acknowledge at the end of your subscription, you will lose access to all features associated with your subscription.
(e)        Free Trials and Other Promotions. Any free trial or other promotion that provides temporary access to Paid Services must be used within the specified time of the trial. At the end of the trial period, your use of that Paid Service will expire and any further use of the Service is prohibited unless you pay the applicable fee.
(f)        Advertising Revenue. Tenki LLC reserves the right to display third-party advertisements before, after, or in conjunction with Content posted on the Services, and you acknowledge and agree that Tenki LLC has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by Tenki LLC as a result of such advertising).
(g)    Refunds and Cancellation. You have immediate access to, and use of, Paid Services you buy through the Services. As a result, all purchases are final, non-refundable, and non-returnable to the furthest extent permitted by law. We do not have an obligation to refund or credit for partially used billing periods.   If you are a consumer and you reside in the European Economic Area (“EEA”), United Kingdom, or Switzerland, you have a legal right to withdraw from your agreement to purchase Paid Services within 14 calendar days of the purchase. To cancel exercise your right of withdrawal, you must contact Tenki LLC at c@tenki.studio. Please note, however, that your right of withdrawal is lost when you purchase Paid Services that include: (a) a license to use Virtual Goods; or (b) a subscription. These Paid Services are provided to you once the Virtual Good is credited to your Account or upon commencement of the subscription, and you request and consent to these Paid Services being provided to you in this manner immediately upon purchasing them.
(h)       Account Suspension or Termination. As stated in these Terms, you must follow and comply with the Terms. Failure to do so may constitute a breach of these Terms and result in a temporary or permanent ban from some or all of the Services, including those where you might have access to aspects of or benefits from Paid Services. In such instances, you might lose the benefits of Paid Services, and we will not compensate you for this loss.
(i) Your Acknowledgements. In connection with your access, purchase, or use of any Paid Service, you represent, warrant, acknowledge, and agree that:

You will comply with the Terms in their entirety;
Virtual Goods or subscriptions are not money or legal tender, nor do they have a monetary value or cash equivalent, nor are they a cash or deposit account or redeemable for any sum of real world or fiat money, monetary value, or any other goods or services outside of the Services without our approval, nor do they constitute a currency or property of any type;
You cannot transfer, sell or commercialize Virtual Goods or subscriptions without our permission;
With limited exceptions expressly set forth in these Terms, you do not own or have any property, proprietary, intellectual property, ownership, or monetary right, title, or other proprietary interest in Virtual Goods or subscriptions regardless of any consideration offered or paid in exchange for them, but, instead, are provided a license to access and use Paid Services under these Terms;
You will not disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to any element of Paid Services (including by using any device, software, or routine), and you understand that we set these limits in order to make the Services enjoyable for users and deter bots, robots, parser, spiders, scripts, programs, routines, spam, and other forms of automation, as well as fraud, illegal activity, and other violations of the Terms;
You will comply with the law in your use of Paid Services; and
You will not encourage anyone else to violate these Terms, including any violation of any of the representations, warranties, acknowledgements, and agreements set forth above or otherwise in these Terms.

(j) You Assume These Risks. In connection with your access to and purchase and use of any Paid Service, you acknowledge and assume, and will hold Tenki LLC harmless from liability resulting or arising from, the following risks, in parallel with or addition to all others discussed in these Terms:

Losing access to your Account – Without making a refund to or otherwise compensating you for any purported loss, Tenki LLC may restrict, disable, or otherwise change the Services or suspend and/or terminate your Account if we suspect you will violate or have violated these Terms (including, for example, using any Paid Service for any illegal purpose), and if your Account is suspended or terminated, you may lose or be unable to use, either temporarily or permanently, your Paid Services;
Changes to Paid Services – Without making a refund to or otherwise compensating you for any purported loss, Tenki LLC may change Paid Services at our discretion and those changes may make some or all Paid Services more or less effective or functional. Tenki LLC does not guarantee that Paid Services will continually be offered for any particular length of time and reserves the right to control, regulate, modify, suspend, remove, terminate, stop providing, or discontinue support for any Paid Services for any or no reason, in our sole discretion, and without advance notice or liability to you to the fullest extent permitted by law, and you understand that, in purchasing any Paid Services, you may not rely upon their continued availability on the Services or any retainment of or future appreciation in their quality or value.
You understand that your assumption of the above risks is a condition of your access to and use and purchase of Paid Services. If you do not agree to assume these risks, then you do not have our permission to access, purchase, or use any Paid Services.

11. Intellectual Property
The Services are owned and operated by Tenki LLC. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services (“Materials”) provided by Tenki LLC are protected by intellectual property and other laws. All Materials included in the Services are the property of Tenki LLC or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or by purchasing Paid Services. Except as expressly authorized by Tenki LLC, you may not make use of the Materials. Tenki LLC reserves all rights to the Materials not granted expressly in these Terms.

12. Indemnity
Except to the extent prohibited by law, you agree to defend, indemnify, and hold Tenki LLC, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “Tenki LLC Entities”) harmless from and against any losses, costs, liabilities and expenses (including reasonable attorneys’ fees), and any claim or demand made by any third party, relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Services; (c) your violation of the Terms; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules or regulations. Tenki LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services.

13. Disclaimers and Limitation of Liability
Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE Tenki LLC ENTITIES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. Tenki LLC DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING USERS MAINTAINING OR ORGANIZING SHARED EXPERIENCES. WHILE Tenki LLC ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL ANY OF THE Tenki LLC ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE Tenki LLC ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID Tenki LLC IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE Tenki LLC ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.

15. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

16. Additional Terms
Because we offer a variety of Services, you may be asked to agree to additional terms, policies, guidelines, or rules before using a specific product or service offered by Tenki LLC (collectively, “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms, and to the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Services. If you participate in any Tenki LLC program that is subject to Additional Terms, you must also agree to those Additional Terms.

17. Termination
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity. If your Account is deactivated after one hundred eighty (180) days of inactivity, you shall not be entitled to any refund of unused value in your Account.

To the fullest extent permitted by applicable law, we may suspend or terminate your Account or ability to access or use the Services at any time for any or no reason, including for violating these Terms. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Tenki LLC.

The following sections will survive any termination of these Terms or of your Account: 5 (Your Content); 6 (Third-Party Content, Advertisements, Promotions, and Applications; 7 (Things You Cannot Do); 10 (Paid Services); 12 (Indemnity); 13 (Disclaimers and Limitation of Liability); 14 (Governing Law and Venue); 17 (Termination); and 18 (Miscellaneous).

18. Miscellaneous
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.

The communications between you and Tenki LLC may take place via electronic means. For contractual purposes, you (a) consent to receive communications from Tenki LLC in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tenki LLC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”). Where Tenki LLC requires that you provide an e-mail address, you are responsible for providing Tenki LLC with your most current e-mail address. In the event that the last e-mail address you provided to Tenki LLC is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Tenki LLC’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Tenki LLC at the address at the bottom of these Terms. Such notice shall be deemed given when received by Tenki LLC by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.

The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Tenki LLC intends to announce such Services or Content in your country. The Services are controlled and offered by Tenki LLC from its facilities in the United States of America. Tenki LLC makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law. For users in the United Kingdom, a third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act. For users in Germany, notwithstanding anything to the contrary in Section 13 (Disclaimers and Limitation of Liability), Tenki LLC is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).

Headings are used in these Terms for reference only and will not be considered when interpreting them. For purposes of these Terms: (a) the words “include,” “includes,” and “including” will be deemed to be followed by the words “without limitation;” (b) the words “such as,” “for example,” “e.g.,” and any derivatives of those words will mean by way of example and the items that follow these words will not be deemed an exhaustive list; and (c) the word “or” is used in the inclusive sense of “and/or” and the terms “or,” “any,” and “either” are not exclusive. No ambiguity will be construed against any party based on a claim that the party drafted the language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English, and only in English. C’est la volonté expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient redigés en anglais.

These Terms are a legally-binding agreement between you and Tenki LLC. If you have any questions about these Terms or the Services, please contact us.

Tenki LLC
401 Suydam st, 2R, Brooklyn, NY. 11237
United States
c@tenki.studio