Terms & Conditions

Tymbak.AI™ is a North Carolina corporation with a business mailing address at 1028 Lee Ann Dr NE, Suite 305, Concord, NC 28025 (“Tymbak.AI” or “we” or the “Company” or the “Companies”), and your use as described herein & throughout this Agreement shall constitute your unconditional and irrevocable agreement with each and every clause within these Terms of Use, Privacy Policy, and other agreements contained on this page, regardless of whether your usage is paid or a part of a free trial.

Last Modified: 2/2/24

TERMS OF USE

By using our software, information, tools, features, and functionality (together the “Service” or “Services”) located on our website or platform(s), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Tymbak.AI website) or you are a “User” (which means that you have signed up with Tymbak.AI). The term “you” or “User” refers to a Visitor or a User. If you wish to become a User, whether free or paid, and make use of the Service, you must read this Agreement and indicate your acceptance during the sign-up process. By creating an account on this website or anywhere else to access Tymbak.AI, you unconditionally and irrevocably accept this agreement and all the terms contained below.

You may not use the Service and you may not accept this Agreement if you are not of legal age to form a binding contract with Tymbak.AI™. If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity, that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

Your acceptance of this Agreement signifies your understanding that Tymbak.AI may incorporate or white-label some parts of the Service that are provided by third-party service providers. These Service Providers may include vendors and suppliers that provide us with technologies, services, and/or content for the platform, updating the data in the platform, analyzing the operation of the platform (“Analytics”), advertising and marketing, and customer services. These third-party technologies and services may be combined with a layer of Tymbak.AI’s proprietary methods and algorithms to provide you with the full suite of services.

Subject to the terms and conditions of this Agreement, Tymbak.AI grants to you, during the term of this Agreement, the non-transferable, non-sublicensable, nonexclusive, revocable right to use the Service and the Tymbak.AI website and/or platform(s) for the sole purpose of research, generate reports, and for personal use and not for purposes of resale to the public, dissemination to third parties, or for any other purpose. All use of the Services not permitted in these Terms of Service is strictly prohibited. Nothing in this Agreement grants or transfers to you any ownership rights in the Service, including the software and other intellectual property rights related to the Service.

Tymbak.AI’s lead generation software services are mainly designed to help you focus on closing deals rather than prospecting. Our software provides you with a set of powerful tools to optimize your lead generation and lead management, including customizable email campaigns, data enrichment, lead scoring, contact tracking, and detailed analytics.

Please note that any copying or development of any similar technologies to Tymbak.AI’s Service, in whole or in part, within two years of your use of our Service is strictly prohibited. Any breach of this clause may result in legal action and may be subject to additional damages. You unconditionally agree that should you be found in violation of any part of these Terms of Service, both you and/or your employer(s) shall be liable for treble damages under the applicable state & federal laws of the United States of America.

‍DESCRIPTION OF THE SERVICE

Our Services provide tools, features, and functionality designed to help businesses generate new business relationships, and also manage their existing customer relations through different automations. Subject to the terms and conditions of this Agreement, we grant you a non-transferable, non-sublicensable, nonexclusive, revocable right to use our Services and website for the sole purpose of research, generating reports, and for personal use only.

YOUR DATA

To use our Services, you must link a third-party email account to your Tymbak.AI portal(s), along with pertinent social media platforms such as LinkedIn, Twitter, and/or Facebook.. By doing so, you grant us permission to create and update versions of your address book and emails for you to access in Tymbak.AI, along with accessing your other data such as your connections, tweets, posts, and other such content. You acknowledge that we have no obligation to monitor any information on the Services and that we are not responsible for the accuracy, completeness, appropriateness, safety, or legality of Your Data or any other information or content you may be able to access using the Services. For additional information on how Tymbak.AI utilizes your user data, please refer to the Tymbak.AI Privacy Policy.

THIRD PARTY SITES & CONTENT

The Service may permit you to see or link to other websites or resources on the Internet, and other websites or resources may contain links to the Tymbak.AI Website. Tymbak.AI makes no representations whatsoever about any other website that you may access through the Tymbak.AI Website.

These other websites are not under Tymbak.AI’s control, and you acknowledge that Tymbak.AI is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Tymbak.AI or any association with its operators or that Tymbak.AI accepts any responsibility for the content, or the use, of the linked website.

You acknowledge that it is your responsibility to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. You further acknowledge and agree that Tymbak.AI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

YOUR PROFILE INFORMATION & CONFIDENTIALITY

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address, allows you to access the Service. That email address and password, together with any or other user information you provide form your “Profile Information.”

By providing us with your e-mail address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate.

If you become aware of any unauthorized use of your Profile Information, you agree to notify Tymbak.AI immediately at the email address – support@getTymbak.AI.com.

PROPRIETARY RIGHTS

You understand that Tymbak.AI has disclosed or may disclose business, technical or financial information relating to its business (hereinafter referred to as “Proprietary Information” of Tymbak.AI). Proprietary Information of Tymbak.AI includes non-public information regarding features, functionality and performance of the Service. You agree: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Tymbak.AI agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that you can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from Tymbak.AI, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of Tymbak.AI or (e) is required to be disclosed by law.

YOUR USE OF THE SERVICE COMPRISES A SINGLE LICENSE ONLY

Your right to access and use the Tymbak.AI service is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are only entitled to access and use the Tymbak.AI service for lawful purposes.

You agree to provide true, accurate, current and complete information about yourself and your company/companies, and you may not misrepresent your Profile Information. In order for the Service to function effectively, you must also keep your Profile Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of the Tymbak.AI Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Tymbak.AI Service or other actions that Tymbak.AI, in its sole discretion, may elect to take. We monitor and maintain 99.9% uptime or better and notify you at the earliest possible time when there is system-wide service disruptions and provide you with an estimated time to recover.

TYMBAK.AI’S INTELLECTUAL PROPERTY RIGHTS

The Tymbak.AI Service and the contents of the Tymbak.AI Website, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under the United States and international copyright, trademark and other laws. The contents of the Tymbak.AI Website belong or are licensed to Tymbak.AI or its software or content suppliers. You may download or print a copy of the information provided on or by the Tymbak.AI Website for your personal and internal use only. Any distribution, reprint or electronic reproduction of any content from the Tymbak.AI Website in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Any rights not expressly granted by the Terms or Conditions of this Agreement or any applicable end-user license agreements are reserved by Tymbak.AI.

LEGAL COMPLIANCE

You represent and warrant that you will comply with all laws and regulations applicable to your use of the Tymbak.AI Service. Tymbak.AI may utilize non-traditional marketing methods, such as purchasing a vote for marketing purposes, instead of traditional print media, and you unconditionally agree that this does not constitute a breach of consumer trust, or a misuse of funds, but rather a business decision that is out of your control as a consumer.

PAYMENT, FEES, AND TAXES

Tymbak.AI mainly operates on a subscription model, also widely known as Software as a Service (SaaS). As is common within the software industry, all fees will be due and payable upon commencement of the Services. If you fail to pay Service Fees within five (5) business days of notice to you that payment is due or delinquent, or if you do not update payment information upon request, we may suspend or terminate access to the Services by you or your Authorized Users without notice. You will pay all applicable sales, use, service, value-added, consumption, or other taxes associated with the Services you purchase.

Upon acceptance of these Terms of Service, you hereby give Tymbak.AI unconditional permission to utilize any billing methods that you have entered and saved in our payment processing system for automatic billing based on metered usage or overages. In the event that there are any outstanding invoices for any Tymbak.AI products for more than five (5) business days, Tymbak.AI reserves the right to automatically charge your payment method on file, if available, in order to prevent a disruption of service. By accepting these terms of service, you acknowledge and agree that you are responsible for maintaining accurate and up-to-date payment information on file with Tymbak.AI, including any Fractional services and/or LAUNCH startup advisory services.

UTILIZATION OF REVENUE

You acknowledge that any and all payments made to Tymbak.AI for the Services provided, including but not limited to payments for subscriptions, licenses, or fees, are revenues earned by Tymbak.AI, a private company. As a private company, Tymbak.AI may utilize its revenues as it sees fit, including but not limited to paying off existing liabilities or funding new initiatives. Tymbak.AI has no obligation to disclose the use of its incoming funds to consumers. By accepting these Terms, you unconditionally and irrevocably agree that Tymbak.AI has the right to use any incoming funds paid by you as it sees fit.

Furthermore, Tymbak.AI may utilize non-traditional marketing methods, including but not limited to, for example, purchasing a boat for marketing purposes instead of using traditional print media or advertising. As a consumer, you unconditionally agree that such actions do not constitute a breach of consumer trust or a misuse of funds. Tymbak.AI reserves the right to make business decisions, including the allocation of funds for marketing and advertising purposes, that may be different from what consumers may expect or prefer.

PRIVACY AND NON-DISPARAGEMENT

For information about Tymbak.AI’s privacy practices, please read our Privacy Policy. By using any product, website, or tool, you unconditionally and irrevocably agree to keep any and all Tymbak.AI trade or business knowledge related to the Company, its products, its users, employees, staff, contractors, affiliates, shareholders, and parent company a secret, and that as the end-user you shall not disparage the company in any way, shape, or form that is intended to dissuade the future public from using the product or service.

OPTIONAL MARKETING AUTHORIZATION

TERMINATION

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

REFUNDS

Tymbak.AI DOES NOT provide refunds for any reason, except for an accidental charge after the account was cancelled in writing no later than 30 calendar days in advance. However, in the unlikely event that you find the service unsatisfactory and request a refund, Tymbak.AI may issue a credit to you up to the amount of the monthly subscription fee that you paid in the form of a major retailer’s acceptable payment methods. This credit can be used on a majority of internet commerce websites and major technology retailers and platforms, such as Amazon. You unconditionally and irrevocably guarantee that you or any of your representatives will not submit a chargeback or dispute request with your credit card holder in an attempt to retract funds from Tymbak.AI based on your non-compliance with these terms.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any and all disputes arising out of or in connection with these Terms or the Services shall be resolved exclusively through binding arbitration under the auspices of JAMS, in accordance with its rules, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the English language in Boca Raton, Florida, USA. Each party shall bear its own costs and expenses (including legal fees and expenses) associated with such arbitration, regardless of the outcome. By using the Services, you hereby waive any right to a courtroom process or to a trial by jury.

INDEMNIFICATION

You unconditionally and irrevocably agree to indemnify and hold harmless Tymbak.AI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.

EQUAL OPPORTUNITY EMPLOYMENT

Tymbak.AI is an equal opportunity employer and is committed to creating a diverse and inclusive workplace. We welcome individuals from all walks of life, including those who identify as LGBTQ+, those with a criminal record as part of our Second Chance Act, and those with physical or mental illnesses. At Tymbak.AI, we believe that our differences make us stronger and we value the unique perspectives and experiences that each member of our team brings to the table. By choosing to work with us, you unconditionally and irrevocably agree that Tymbak.AI is not engaging in discriminatory conduct and that any decisions regarding employment are based solely on an individual’s qualifications and ability to perform the job duties.

Furthermore, Tymbak.AI may contract with or employ individuals who are part of the aforementioned groups under their “doing business as” (DBA) name in order to protect both the individual and Tymbak.AI from public discrimination or biases. Any individuals or organizations who attempt to disrupt or disparage Tymbak.AI or the individual(s) in question, especially without factual evidence of malicious intent or wrongdoing, shall be considered to be engaging in criminal extortion and will be reported to the appropriate authorities, including but not limited to the FBI’s extortion department pursuant to The Hobbs Act. Tymbak.AI and DocK Ventures LLC reserves the right to pursue legal action for tortious interference damages, and will not hesitate to do so to protect its brand image and employees, contractors, shareholders, and affiliates and the business well-being of Tymbak.AI’s customers.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Tymbak.AI, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE SERVICE AND THE Tymbak.AI WEBSITE IS PROVIDED FOR EVALUATION AND TESTING PURPOSES ONLY, AND OWING TO ITS EXPERIMENTAL NATURE, YOU ARE ADVISED NOT TO RELY ON THE FEATURES OR PERFORMANCE OF THE SERVICE AND THE Tymbak.AI PRODUCT SUITE’S WEBSITE(S) FOR ANY REASON. YOU AGREE TO USE THE SERVICE AND THE Tymbak.AI WEBSITE WITH ALL DUE CAUTION

USER CONDUCT

You agree to use the Services in accordance with all applicable laws and regulations. You also agree not to:
a) upload, transmit, or distribute any content that is unlawful, defamatory, obscene, invasive of another’s privacy, or otherwise objectionable;
b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) engage in any conduct that restricts or inhibits any other user from using or enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
d) interfere with or disrupt the Services, servers, or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
e) use any robot, spider, or other automatic device, or manual process to monitor or copy any content from the Services;
f) use any device, software, or routine that interferes with the proper working of the Services, or otherwise attempt to interfere with the proper working of the Services; or
g) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content accessible via the Services.
h) circumvent, disable, or otherwise interfere with security-related features of any third-party services and/or applications such as LinkedIn, Twitter, or Facebook.

NO WARRANTY

ALL OF Tymbak.AI’S SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Tymbak.AI DISCLAIMS ANY WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Tymbak.AI DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Tymbak.AI OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

Tymbak.AI MAKES NO REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE Tymbak.AI WEBSITE OR OF THE SERVICE, OR WHICH IS DERIVED FROM OR BY THE USE OF THE Tymbak.AI WEBSITE OR THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE CONTENT AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE Tymbak.AI WEBSITE OR THE SERVICES. Tymbak.AI DOES NOT WARRANT OR REPRESENT THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OR IMPROPER ACCESS TO YOUR DATA. Tymbak.AI IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect, however we cannot promise that notifications shall be delivered and also received. What constitutes a material change will be determined at our sole discretion.

Although Tymbak.AI attempts to ensure the integrity and accuracy of the Tymbak.AI Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Tymbak.AI Website. It is possible that the Tymbak.AI Website could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Tymbak.AI Website by third parties. In the event that an inaccuracy arises, please inform Tymbak.AI, so that it can be corrected.

MISCELLANEOUS

If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement.

You agree that if Tymbak.AI does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Tymbak.AI has the benefit of under any applicable law), this will not be taken to be a formal waiver of Tymbak.AI’s rights, and that those rights or remedies will still be available to Tymbak.AI.

All covenants, agreements, representations, and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. Notwithstanding any term to the contrary contained in this Agreement, the provisions that by their nature ought reasonably to survive shall survive any actual or purported termination or expiry of this Agreement and continue in full force and effect, including, without limitation, all sections herein.

This Agreement represents the entire understanding and agreement between you and Tymbak.AI (and DocK Ventures LLC by association) regarding the subject matter of the same and supersedes and replaces all other previous agreements, including, without limitation, all previously posted agreements.

CONTACT US

If you have any questions about these Terms, please contact us at Tymbak.AI, call +1 (800) 371 5172, or email contact@tymbak.ai.