We are TapeGW LLC (ukr. ТОВ «Тейп Джі-Ві»), doing business as TapeGW, a company registered in Ukraine at Proselochna St., 10/2, ap. 609, Odesa, Odesa oblast' 65085.
We operate the website https://www.tapegw.com (the "Site") , as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").We are a cloud platform provider of various tools to host, deploy and develop enterprise-grade applications, manage software systems and infrastructure. The Services provide to customer an access to the servers and ability to control and administrate them in different ways
This document constitute a legally binding agreement made between two parties:
You can contact us by email at support@tapegw.com, or by mail to Proselochna St., 10/2, ap. 609 , Odesa , Odesa oblast' 65085 , Ukraine.
These Legal Terms constitute a legally binding agreement made between you, owner of your account or any individual having access to your account ("you"), and TapeGW LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ANY OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by support@tapegw.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
The Services may be used to post, store and transform information including but not limited to text, documents, source codes, software, data, video, audio, photographs, graphics, files, or any other materials provided by you. (collectively "Contributions")
We recommend that you print a copy of these Legal Terms for your records.
TapeGW is a cloud platform provider of various tools to host, deploy and develop enterprise-grade applications, manage software systems and infrastructure. The Services provide an access to the servers and ability to control and administrate them in different ways
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. By using the Services, you agree to comply with all applicable local laws, including export control laws and regulations. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
By using the Services, you confirm that you will not use the Services for illegal activities or for purposes that require specific compliance with laws or regulations that we do not support.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Services are not intended for users under the age of 18 and should not be used to process any personal data of minors in accordance with COPPA or EU regulations concerning children's privacy.
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal use or internal business purpose only.
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
solely for your personal or internal business purposes, in accordance with the terms of this Agreement.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@tapegw.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, documents, source codes, software, data, video, audio, photographs, graphics, files, or any other materials ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license to process, store, modify, and use your Contributions: By posting any Contributions to the Services, you grant us a non-exclusive, royalty-free, worldwide license to process, store, modify, and use your Contributions in connection with providing, maintaining, improving, and securing the Services, including but not limited to the activities specified in "USER GENERATED CONTRIBUTIONS" section.
You retain full ownership of your Contributions, and we will not use or disclose your personal data or intellectual property for any purpose outside the scope described above, except where you have provided explicit consent or where required by applicable law. All activities related to your Contributions will be carried out in compliance with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and relevant Ukrainian laws.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside ; ( 5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and ( 7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You acknowledge that you are solely responsible for the development, deployment, and maintenance of your products and services hosted on our platform. We are not liable for any issues related to your systems, services, or products, including technical failures, data loss, or other operational issues.
If you are using the Services for commercial activities, you are responsible for ensuring that any products, services, or systems you deliver through the platform are fully compliant with all applicable legal, regulatory, and certification requirements, including but not limited to security, privace and quality standards.
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We may accept the following forms of payments (including payment processors, mediators and aggregators):
At any time we may provide, limit or deny you access to use each of them on our platform based on our internal policies, including but not limited to financial considerations, tax compliance requirements, and geopolitical or jurisdictional restrictions. We are not obligated to provide specific reasons for any limitations or restrictions imposed on payment service providers or methods.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
Applicable taxes (including VAT, sales tax, or other applicable indirect taxes) will be added to the price of purchases as deemed required by us. We may change prices at any time.
All payments shall be either in US dollars or Ukrainian hryvnias (UAH) (The hryvnia (UAH) is the national currency and the only legal tender in Ukraine under Ukrainian law, including Article 5(1) of the Law of Ukraine On Currency and Currency Operations №2473-VIII (21.06.2018))
By using the Services and making any payments, you explicitly warrant and agree that all financial, purchase, and account information you provide is current, accurate, valid, and true. You acknowledge and agree that you bear 100% responsibility for the use of any payment instruments or credentials used to transact on the Services.
You represent and warrant that you will not, and will not aid or assist any third party to, directly or indirectly:
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
We reserve the right to request additional information, including government-issued identification, when we have reasonable grounds to suspect fraud, unauthorized use of payment instruments, money laundering, breach of these Terms, or other unlawful activity. Refusal to provide such information within a reasonable period may result in suspension of Services. In severe or high-risk cases, we may suspend Services immediately.
Funds paid by you may be applied either directly to the provision of services or credited to your internal account balance within our system (“Balance”). The Balance is a virtual accounting tool used solely inside our platform. It is not equivalent to a bank account, not electronic money, and does not represent a financial service. It cannot be withdrawn, transferred, traded, or used for payments or currency operations outside of our platform and our services.
Unless otherwise required by applicable law or agreed between you and us, funds credited to the Balance are not transferable between user accounts and represent prepaid service credits. CONSIDER THAT THERE IS NO AUTOMATIC WAY to refund these amounts. Refunds may only be requested by contacting us and providing a lawful reason that complies with our Refund Policy and applicable law.
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you ordered the Services.
Costs will be charged according to the payment source you selected when ordering the Services, which may be a payment provider, bank account, or your internal Balance. When the source is your Balance, the system will automatically deduct the required amount from your available Balance: no separate charge will be generated through external payment methods in this case. You are responsible for ensuring that your Balance has sufficient funds to cover the subscription fees.
If your Balance is insufficient, or if a planned subscription charge to your payment provider or bank account is declined, we may suspend or limit access to the Services until payment is successfully processed.
You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at support@tapegw.com.
Cancellation does not refund any paid costs, however there is exceptions in our Refund Policy
While we generally aim to maintain subscription fees at the price in effect when your subscription is delivered, prices may change over time. In most cases, we will provide you with notice of any price changes in accordance with applicable law.
Such changes also may occur cases when you activate additional services, modify your subscription plan, or request changes to your service type.
In certain cases, we may ask you to upgrade, downgrade, or terminate your current subscription and select a new plan in order to continue using the Services. This may occur if we need to adjust prices, or due to technical or operational reasons such as infrastructure upgrades, host or network migrations, or hardware failures. Whenever possible, we will provide at least 30 days' notice before such changes. In emergency or unforeseen situations, immediate adjustments may be required. Your continued use of the Services after any price change, plan adjustment, or required migration constitutes your acceptance of the updated fees and terms.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
As referenced in the "INTELLECTUAL PROPERTY RIGHTS" section above, by posting your Contributions you grant us a license to process, store, modify, and use your Contributions for the purposes of providing and maintaining the Services, including but not limited to the following:
By posting your Contributions, you represent and warrant that you own or have obtained all necessary intellectual property rights, licenses, consents, and permissions to provide such Contributions and to grant the rights described in these Terms.
As referenced in the "INTELLECTUAL PROPERTY RIGHTS" section above, by posting your Contributions, you do not grant us any intellectual property rights, copyrights, or ownership of your Contributions. You retain full ownership of your Contributions, and we only have the rights necessary to use them as described in these Legal Terms.
For any use of your Contributions outside the scope of the Services, such as promotional or marketing purposes, we will seek your explicit consent before proceeding with such use.
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, documents, source codes, software, data, video, audio, photographs, graphics, files, or any other materials. Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
All Contributions must comply with our Privacy Policy and applicable data protection and privacy laws, including but not limited to GDPR, CCPA, or other local regulations governing personal data and privacy.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We care about data privacy and security. Please review our Privacy Policy: http://www.tapegw.com/terms/privacy-policy-2025-en. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Ukraine and physically hosted in other countries. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Ukraine or country of Services provision, then through your continued use of the Services, you are transferring your data to Ukraine or country where Services physically hosted, and you expressly consent to have your data transferred to and processed in Ukraine or country where Services physically hosted.
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please contact us at support@tapegw.com (a "Notification"). (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR ANY UNDISCLOSED REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Services at any time for any reason. Whenever possible, we will provide you a notice before such changes. In emergency or unforeseen situations, we may be obligated or forced to act immediately even without explicit notification. Although, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times unless we obligated specific compliances and/or individual customer agreements with you. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason. Whenever it's possible to predict or schedule, we will provide you a notice before possible maintainances, interventions or incidents. In emergency or unforeseen situations, we may be obligated or forced to act immediately even without explicit notification.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
These Legal Terms shall be governed by and defined following the laws of Ukraine. Both parties (we and you) irrevocably consent that the courts of Ukraine shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
These Legal Terms describe situations in which we are not obligated, but intend, to send you notifications related to your use of the Services.
The main channels of keeping communication are strictly limited to the following:
By providing consent to these Terms, you agree to receive notifications.
As previously outlined, notifications may include, but are not limited to: changes in pricing or service provisions, suspected or confirmed violations of these Terms or other agreements to which you have consented, scheduled maintenance, and potential incidents or service interruptions.
Any notification sent by us will be considered "sent", and any warning or information issued will be considered "reported", regardless of whether you receive, acknowledge, view, trust, or respond to the notification. We are not responsible for any failures in communication methods, channels, or service providers, including but not limited to email services, mobile providers, postal services, or ISPs.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, or arbitration shall be Kyiv, Ukraine. The language of the proceedings shall be English. The governing law of these Legal Terms shall be substantive law of Ukraine.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
Language Versions: These Legal Terms are provided in both English and Ukrainian. In the case of any conflict between the two versions, the English version will prevail for foreign customers, while the Ukrainian version will apply to local customers within Ukraine.
Amendments to These Legal Terms: We reserve the right to modify or amend these Legal Terms at any time. In the case of changes to contact details such as address, email address, phone number, or website URL, we may update the Terms without requiring further consent from you, although we will make reasonable efforts to notify you of such changes. For any other significant changes to these Legal Terms, we will notify you of the revisions. You agree to continue using the Services only if you review and consent to the revised version of these Legal Terms.
In order to resolve a complaint or a question regarding the Services or to receive further information regarding use of the Services, please contact us at:support@tapegw.com
TapeGW LLC
Proselochna St., 10/2, ap. 609
Odesa, Odesa oblast' 65085
Ukraine