Terms of Services

Last Updated: October 2024
 

The following terms of service (these "Terms of Service"), govern your access to and use of the Tenacity website and mobile application, including any content, functionality and services offered on or through www.tenacity828.com or the Tenacity mobile application (the "Site") by Tenacity and its subsidiaries as applicable. Tenacity International Ltd. and its subsidiaries are collectively referred hereto as "Tenacity" "we" or "us" and “you” or “user” means you as an user of the Site.

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Please read the Terms of Service carefully before you start using the Site. 

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By using the Site, opening an account, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, Tenacity Payment Terms, found here (“Payment Terms”), and any additional standards, conditions, policies, guidelines and in-product disclosures (collectively, the “Terms”), which are incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy, found here. 

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If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

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Our Customer Support team is available at support@tenacity828.com if you have any questions regarding the Site or Terms. Contacting our Customer Support team can be performed by submitting an email.

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1. Representations and Warranties
This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the Tenacity services. 

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The Site is available only to users who are not subject to any economic sanctions or trade restrictions imposed by the United States, European Union or any other applicable jurisdiction.

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By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

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2. Key Terms
Buyers are users who represent a U.S. based company purchasing student freelancer services on Tenacity.

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Sellers are student freelancer users who take on Buyer services on Tenacity.  

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Project Rate means the rate posted and agreed to between Seller and Buyer for a Project.

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Project Page is where Buyers and Sellers communicate with each other in connection with an active Project.

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Projects are the formal agreements between a Buyer and Seller.

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Buyers are users who offer freelance work opportunities on Tenacity.

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Sellers or Student Freelancers are users who provide Services on Tenacity.

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3. Overview
Only registered users may buy and sell on Tenacity. In registering for an account, you agree to provide us with accurate, complete and updated information regarding your business or personal details, and update such details as required, without undue delay. In addition, you must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.

Buyers determine their pricing, at their sole discretion. Services on Tenacity may be offered at a base starting price of US$75. Tenacity reserves the right to set a higher base starting price in certain categories.

Buyers pay Tenacity in advance to create a Project, as further detailed on the Payment Terms. 

For fees and payments please read the Payment Terms.

Sellers must fulfill their Projects, and may not cancel Projects on a regular basis or without cause. Canceling Projects will affect Sellers’ reputation and level.

Sellers may gain account levels based on their performance metrics. 

Sellers/Freelancers/Buyers/Sellers/Users may not offer or accept payments using any method other than placing a Project through Tenacity.com.

When purchasing on Tenacity, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller as agreed otherwise between Seller and Buyer. 

Tenacity retains the right to use all delivered work that the user has agreed to include and is published as part of a review, and Logo Designs for Tenacity marketing and promotion purposes.

We care about your privacy. You can read our Privacy Policy here.

4. Sellers
4.1 Basics
Buyers create Projects on Tenacity to allow Sellers to bid on their requested services.

Each Project you win and successfully complete, accredits your account with the agreed upon project amount. 

Tenacity accredits Sellers once a Project is completed. See our “Projects” section below for more information.

For more information about receiving payments, fees and taxes see the Payment Terms. 

Buyers may not promote their Projects, Buyer Page or any Tenacity content via the Google Ads platform.

The Seller's rating is calculated based on the reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels. In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account (see Levels section below).

Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

If you declare yourself to sell on Tenacity for purposes relating to your primary job or profession, you will be considered as a “Business Seller” and the following additional term will apply to you: (i) Upon accepting a Project, or upon our request, Business Sellers, will be required to submit the following information and documents to Tenacity: (a) Name, address, telephone number and email address; (b) Copy of an identification document (e.g. identity card, passport) or other electronic identification as may be required by us; (c) Payment details; (d) Trade registration number or equivalent means of identification and the trade register in which the Business Seller is registered (if applicable); (e) Self certification by the Business Seller committing to only offer products or services that comply with the European Union applicable regulations; and (f)Upon our request, further appropriate documents that prove the information provided. (ii) If a Business Seller fails to provide this information and documents within a given reasonable deadline, Tenacity may restrict or suspend the account.

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4.2 Projects
Buyers are allowed to post projects.

Projects and/or users may be removed by Tenacity from the Site for violations of the Terms, which may include (but are not limited to) the following violations and/or materials:

Illegal or fraudulent services

Copyright Infringement, trademark infringement, and violation of a third party's terms of service can be reported by contacting Customer Support.

Adult oriented services, pornographic, inappropriate/obscene

Intentional copies of Projects

Spam, nonsense, violent or deceptive Projects

Projects misleading to Buyers or others

Reselling of regulated goods

Offering to prepare academic works on behalf of Buyers

Low quality services or deliveries

Promoting Tenacity and/or Tenacity Projects through activities that are prohibited by any laws, regulations and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.

Projects that are removed for violations mentioned above, may result in the suspension of the Seller’s account.

Projects that have been permanently removed for violations are not eligible to be restored or edited.

Projects may be removed from our listings due to violations of our Terms, poor performance, and/or user misconduct.

Projects may include website URLs to pre-approved URL-patterns contained within the Project description and requirements box.

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Projects containing websites promoting content, which violates Tenacity’s Terms, will be removed.

Projects are required to have an appropriate Project image related to the service offered. Sellers must deliver the same quality of service as shown on their Project images. Recurring deliveries that don’t match the quality shown on the Project images may lead to the Seller’s account losing Seller level or becoming permanently disabled.

Projects may contain an approved Project video uploaded through the Project management tools available on Tenacity.

Statements on the Project Page that undermine or circumvent these Terms are prohibited.

4.3 Project Milestones
Project plans are created by Tenacity’s platform and may include up to six project milestones. Each milestone is signed off on by the Seller and the Buyer for a Project to be considered complete. Projects are paid and delivered separately in accordance with each Project’s description and timelines.

Once a milestone is delivered and marked as completed, Buyers may choose to either continue with the Project and pay for the next milestone, or to stop the Project. If Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Project under the next milestones will not start. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after being marked as Delivered, however, in such case all further milestones will not start.

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5. Buyers
5.1 Basics
You may not offer direct payments to Sellers using payment systems outside of the Tenacity platform.
Tenacity retains the right to use all delivered work that the user has agreed to include and is published as part of a review.
When placing an Project on the Tenacity platform you may only use funds that were obtained from legal sources and are not, directly or indirectly, connected to any unlawful or fraudulent activities.

5.2 Purchasing
Please refer to the Payment Terms for making payments through the Site and to learn about fees and taxes.
You may not offer Sellers to pay, or make payment using any method other than through the Tenacity828.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
 

6. Projects
6.1 Basics
Once payment is confirmed, your Project will be created.
A Project is marked as Complete after it is marked as “Delivered” and then accepted by a Buyer. A Project may be automatically marked as “Complete” if not accepted and no request for modification was submitted within 3 days after the Project was marked as “Delivered”. The Buyer may extend such period by up to 5 additional days.
A milestone (via the Project plan) is marked as “Complete” after it is delivered by the Seller and then accepted by the Buyer. A milestone may be automatically marked as “Complete” if no acceptance or request for modification were submitted within 8 days after being marked as Delivered.
Certain Projects that offer local services might request that Buyers and Sellers to meet in person in order for the Seller to perform the service. In such cases, users should note that Tenacity does not guarantee the behavior, conduct, safety, suitability or ability of either Buyers or Sellers. Both Buyers and Sellers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and Tenacity has no responsibility or liability related to any local services provided by the Sellers. In the event that the service is performed on the Buyers’ premises, Buyers are encouraged to maintain proper insurance policies to cover their liability as the premise owner. Tenacity’s Terms remain applicable to Projects that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).

6.2 Handling Projects
When a Buyer creates a Project, the Project is made available for bid to the Seller in the Tenacity marketplace.
Sellers are required to meet the delivery time the Buyer specified when accepting their Projects. Failing to do so will allow the Buyer to cancel the Project when an Project is marked as late and may harm the Seller's level.
Sellers must send completed files and/or proof of work when marking the Project as “Delivered”.
The Deliver Work button may not be abused by Sellers to circumvent Project guidelines described in these Terms. Using the “Deliver Work” button when a Project was not fulfilled may result in a cancellation of that Project after review, affect the Seller’s rating and result in a warning to Seller.
Users are responsible for scanning all transferred files for viruses and malware. Tenacity will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
Buyers may request revisions before the Project is marked as Delivered if the delivered materials do not match the Seller's description on their Project Page or they do not match the requirements sent to the Seller at the beginning of the Project process.

6.3 Reviews
Reviews provided by Buyers are an essential part of Tenacity's rating system. 
Reviews will not be removed unless there are clear violations of our Terms.
To prevent any misuse of our review system, all reviews must come from legitimate and eligible Projects. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Site, may result in a permanent suspension of all related accounts.
Withholding the delivery of services, files, or information required to complete the Project’s service with the intent to gain favorable reviews or additional services is prohibited.
Once both Seller and Buyer have completed their reviews, or the applicable review period has passed, all posted reviews are made public.

 
7. User Conduct and Protection
Tenacity enables U.S. college students and recent graduates to bid and win Projects posted by businesses.

Tenacity maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Tenacity. This section relates to the expected conduct users should adhere to while interacting with each other on Tenacity.

To report a violation of our Terms, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.

7.1 Basics

Tenacity does not provide any guarantee of the level of service offered by Sellers to Buyers. You may use dispute the continuation of or payment on a Project by contacting our Customer Support team. 
Tenacity does not provide protection for users who agree on Project Plan deliverables outside of the Site.
All information and file exchanges must be performed exclusively on the Site.
Rude, abusive, or improper language, and violent or threatening messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
Users may not submit proposals or solicit parties introduced through Tenacity to contract, engage with, or pay outside of Tenacity.
 
7.2 Projects
Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or canceling Projects that do not align on Project Cancellation or Feedback policies.
 
7.3 Projects & Seller Page
Sellers warrant that any content included in their Services, Project Page and Seller Page, is original work conceived by the Seller and does not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Service, Project Page or Seller Page, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Projects.
Users may report Projects that may be in violation of Tenacity’s Terms based on the reported Project’s replicated similarity to pre-existing services (copycat Projects) through our reporting system or to Customer Support.
Tenacity will respond to clear and complete notices of alleged copyright or trademark infringement.

7.4 Reporting Violations
If you come across any content that may violate our Terms and/or our Community Standards, you should report it to our Customer Support team. All cases are reviewed by our team. Our decision, among others, may rely on the information that you provided to us . To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information. Any misuse of our reporting system may result in a restriction or a permanent suspension of the related accounts.

7.5 Violations
Users may receive a warning to their account for violations of our Terms or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address. Warnings do not limit account activity, but repeated offenses can result remove your Projects from our listings or lead your account to becoming permanently disabled.
If we have taken action against a user’s account or a Project(s), for the violation of our Terms, we will send the user an email explaining the reasons and basis for such actions as well as their options regarding an additional review.

Non-Permitted Usage
Adult Services & Pornography - Tenacity does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on Tenacity should be friendly, constructive, and professional. Tenacity condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate Projects, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members’ privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Services  or Projects.
Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Project Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Tenacity will not be protected by our Terms of Service.
Authentic Tenacity Profile - You may not create a false identity on Tenacity, misrepresent your identity, create a Tenacity profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Tenacity reserves the right to require users to go through a verification process in Project to use the Site (whether by using ID, phone, camera, register excerpts, documents, etc.).    
Intellectual Property Claims - Tenacity will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
Fraud / Unlawful Use - You may not use Tenacity for any unlawful purposes or to conduct illegal activities, including to bypass economic sanctions or trade restrictions imposed by the United States, European Union or any other applicable jurisdiction.

Abuse and Spam
Multiple Accounts - To prevent fraud and abuse, users are limited to one active Tenacity account and one active Tenacity Pro account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Tenacity community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Tenacity’s Terms may be a cause for permanent suspension of all accounts.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Tenacity. This includes creating new multiple accounts to harass members through our message or Projecting system.
Selling Accounts - You may not buy or sell Tenacity accounts.

7.6 Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Tenacity's Customer Support team. For more information about disputes, Project cancellations and refunds please refer to the Payment Terms.
 
7.7 Content Moderation, Notices and Appeals
Tenacity is generally not obligated to proactively check the content posted by users for its legality or compatibility with Terms. We are nonetheless entitled to carry out voluntary checks on our own initiative to identify and determine illegal or incompatible content and to take appropriate measures. We may take appropriate actions if we find, or are notified of, a violation of the Terms. 
If Tenacity takes action concerning you, your account or content, you can file a complaint against this decision. You may also file a complaint if you disagree with our decision following a notice you submitted. In both cases, the deadline for submitting a complaint is six months following the notification of the respective decision to you. You may file a complaint by contacting our Customer Support. Please explain in your complaint why you believe we should reverse our decision.
We will handle complaints in a timely, non-discriminatory, diligent, and objective manner and will reverse our decision if we come to the conclusion that it has been taken erroneously.

7.8 Proprietary Restrictions
The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by Tenacity and protected by copyright, trademark, and other intellectual property laws. Tenacity is a registered trademark owned exclusively by Tenacity. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by the Terms. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Except for the limited right to use the Site according to these Terms of Service, Tenacity owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than user generated content) including, without limitation, the exclusive right to create derivative works.
 
7.9 Feedback Rights
To the extent that you provide Tenacity with any comments, suggestions or other feedback regarding the the Site, as well as other Tenacity products or services (collective, the “Feedback”), you will be deemed to have granted Tenacity an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Tenacity is under no obligation to implement any Feedback it may receive from users.
 
7.10 Confidentiality
Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the Services, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the Services; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.
 
8. User Generated Content
User Generated Content ("UGC") refers to the content uploaded by users as opposed to content created by the Site. All content uploaded to the Site by our users (Buyers and Sellers) is User Generated Content. Tenacity does not proactively check UGC for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Site, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Violating content may be removed or disabled. To learn more on our reporting tools contact support.

Furthermore, Tenacity is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Freelancers, Top Rated Sellers, Tenacity Choice, offer Promoted Projects or otherwise). We provide no warranty with respect to Services on Tenacity, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a Service, the Seller undertakes that they have sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Tenacity. Sellers advertising online their Services, including Project Page, Seller Page, or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Project or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Seller's account.

Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
 
10. Ownership
Ownership and limitations: When purchasing a Service on Tenacity, unless clearly stated otherwise on the Seller's Project page/description or in the Custom Project, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights (to the extent permitted by applicable law) therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment, and the delivery may not be used if payment is canceled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to the Terms, assigns all right, title and interest in and to the delivered work to the Buyer. 

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Tenacity, including Project texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Tenacity for no consideration for marketing purposes and/or other purpose relevant for the operation and function of the Site.
 
10.1 Commercial Use License
By purchasing a “Commercial Use License” with your Project, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Tenacity’s Terms. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Tenacity will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
 
 
11. Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, PROVIDED THAT WE HAVE ACTED WITH REASONABLE PROFESSIONAL DILIGENCE. NEITHER Tenacity NOR ANY PERSON ASSOCIATED WITH Tenacity MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
 
13. Limitation on Liability
PROVIDED THAT WE HAVE ACTED WITH REASONABLE PROFESSIONAL DILIGENCE, IN NO EVENT WILL Tenacity, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS 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 SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE 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 FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Tenacity, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.

14. Deactivate and Disable Account
Tenacity reserves the right to put any account on hold or permanently disable accounts due to breach of the Terms, including low quality services or deliveries, or due to any illegal or inappropriate use of the Site or services.
Violation of Tenacity's Terms may get your account permanently disabled.
Users with disabled accounts will not be able to sell or buy on Tenacity and related content may be removed. Please refer to the Terms, in particular the Content Moderation, Notices and Appeals section, for your rights to object to our decisions, or contact our Customer Support team for more information surrounding the violation and status of your account.
Users may also deactivate their account with Tenacity at any time from their account settings. Users that deactivate their account will still be responsible for any outstanding payment obligations.
Any provisions of the Terms that relate to the relation between a Seller and a Buyer regarding Projects on Tenacity will remain in effect even after you deactivate your account, or after your access to Tenacity is disabled.
15. Security Features
Users have the option to enable account Security features to protect their account from any unauthorized usage.
Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

16. General Terms
16.1 Changes to these Terms
Tenacity may make changes to these Terms from time to time. When these changes are made, Tenacity will make a new copy of the Terms available on the respective page.
You understand and agree that if you use Tenacity after the date on which the Terms have changed, Tenacity will treat your use as acceptance of the updated Terms. If you do not agree to the changes of the Terms, you will have to deactivate your account..
Tenacity may change these Terms due to changes in the Site, the Site's policies, the services and in the usual course of developing our product, changes in any relevant feature or functionality of the Site, changes in circumstances beyond our reasonable control, to adapt to new technologies, and to address changes in law and regulatory requirements as well as security and fraud issues.

16.2 Indemnification
To the fullest extent possible pursuant to applicable law, you agree to defend, indemnify, and hold Tenacity harmless, including its officers, directors, or shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any of these Terms or any other Tenacity Terms, policies and standards; (2) your violation of any third-party right, including any intellectual property right, access rights, property, or privacy right; and/or (3) any other type of claim that your Project Page, Seller Page, Services, your profile and/or your use of the Site or Tenacity services caused to a third party, provided that Tenacity acts with reasonable professional diligence. Tenacity reserves the right to handle its legal defense however it deems fit—even if you are indemnifying Tenacity—in which case you agree to cooperate with Tenacity so it can execute its strategy.
 
16.3 Severability
If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Tenacity’s failure to enforce any part of the Terms is not a waiver of its right to later enforce that or any other part of the Terms.
 
16.4 Entire Agreement
Our Terms constitute the entire agreement concerning the subject matter therein, and supersede any other agreement regarding the Site or services.

16.5 Interpretation
Any heading, caption or section title contained herein, and/or any explanation or summary columns, is provided only for convenience, and in no way alters and/or amend the provisions within the Terms nor shall it legally bind us in any way.
The original language of the Terms is English. In case of conflicts between the original English version and any translation, the English version shall prevail.

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