Terms and Conditions

September 2, 2024

These Terms and Conditions (“Terms”, “Terms and Conditions”) are provided by TNB Technologies, LLC (“TNB Tech" or "we", "us", "our") 8757 Auburn Folsom Rd #2294, Granite Bay, CA 95746. These Terms and Conditions (together with any documents that it refers to) are a legal agreement between you and TNB Tech.

Please read these Terms and Conditions carefully before installing the Software. The term "Software" refers to: ((i) any and all operational computer program code, software programs or applications, including software applications downloaded and installed on a desktop,embedded, or mobile device; (ii) any and all software in the form of embedded software on an TNB Tech product; (iii) any related documentation, modified versions of, upgrades or improvements to such software (unless expressly provided under different terms at the time of update or download), all subsequent versions, copies of such software) or used in your TNB Tech product. By installing the Software or using your TNB Tech product you agree to be bound by these Terms. If you do not agree with these Terms, you may not install the Software or use the TNB Tech Product.

These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary depending on the jurisdiction.

License
We grant you a limited, nonexclusive license to use the Software, solely with the TNB Tech product you have purchased or the TNB Tech service used by you. You may permanently transfer to another person the Software upon a permanent transfer of the TNB Tech Product using the Software, so long as that person agrees to be bound by these Terms and Conditions, and following such transfer you stop using the TNB Tech product and the Software.

Restrictions
You are not permitted to:

• license, sell, rent, lease, transfer (except as expressly permitted in Section “License”), distribute, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party;
• copy the Software (except as authorized by applicable law);
• decompile, disassemble, reverse engineer or attempt to derive the source code of, or create derivative works of, or an installer for, the Software or any part thereof (except as expressly permitted by applicable law);
• remove or alter any trademark, logo, copyright or other proprietary notice, legends, symbols, graphics or labels in the Software;
• use the Software for any unlawful purpose.

Intellectual property
TNB Tech and its licensors owns and retains all right and interest in and to the Software and all copyrights and other intellectual property rights therein. The Software is licensed, not sold, to you by TNB Tech and TNB Tech reserves all rights not expressly granted to you.

The TNB Tech product is protected by copyright, trademark, and other laws of both The United States of America and other countries. Our trademarks may not be used in connection with any product or service without the prior written consent of TNB Tech. You may only view and make a single copy of portions of this content for personal, non-commercial, offline use. Content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

Privacy
Our Privacy Policy (“Privacy Policy”) can be found on our website here. By installing the Software, using TNB Tech products or providing us with your personal information, you are accepting and consenting to the terms and conditions described in the Privacy Policy and in any separate privacy statements. Our Privacy Policy is incorporated by reference into these Terms.

Software Updates
TNB Tech may from time to time provide bug fixes, updates, upgrades and other modifications to the Software (“Updates”). The Terms will govern any Updates provided by TNB Tech that replace and/or supplement the original Software, unless such Updates are accompanied by a separate license in which case the terms of that license will apply.

Open Source
These Terms do not apply to any open-source software which may be included in the Software (“Open Source Components”). The Open Source Components applicable to the Software, and associated applicable licenses, may be found in the about or README section of the TNB Tech Product. Your use of each Open Source Component is subject to the terms of each applicable end user license agreement that accompanies such Open Source Component. You must agree to the terms of each such applicable license, or you should not use the Software. Nothing in these Terms limits your rights under, or grant you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Components.

‍Copyright policy
‍We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Software or TNB Tech product infringes the copyright or other intellectual property infringement (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Software or TNB Tech product, you must submit your notice in writing to the attention of “Copyright Infringement” of support@tnbtechnologies.com and include in your notice a detailed description of the alleged Infringement. You may be held accountable for damages (including costs, court fees and attorneys’ fees) for misrepresenting that any content is infringing your copyright.

Third Party Software
The Software and the TNB Tech product may be used in connection with other products and software, and may contain links or interfaces to, as well as content and data from, third party software (“Third Party Software”). The use of such Third Party Software is governed by the terms provided by the licensor of such Third Party Software, including the third party’s privacy policy. By accessing or using Third Party Software, you agree to comply with applicable third party terms. TNB Tech makes no representations or warranties about the operation or availability of such Third Party Software. Neither TNB Tech, nor its licensors, shall be liable for any unavailability or removal of such Third Party Software.

Limitation of Liability
To the extent not prohibited by applicable law, in no event will TNB Tech nor its directors, employees, partners, agents, suppliers, investors, subsidiaries or affiliates be liable for any cost of procurement of substitute products, software, or services, lost profits, loss of information or data, or any other special, indirect, consequential, or incidental damages arising in any way out of the sale, license or use of, or inability to use any TNB Tech product, software or service, however caused, regardless of the theory of liability (contract, tort or otherwise), even if TNB Tech has been advised of the possibility of such damages. In no event shall TNB Tech's or its directors, employees, partners, agents, suppliers, investors, subsidiaries or affiliates total liability to you for all damages (other than as may be required by applicable law in case involving personal injury) exceed the amount of fifty dollars ($50.00) or refund of the original purchase price, whichever is lower.

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

Disclaimer of warranties
‍Your use of the Software and/or the TNB Tech product is at your sole risk. The Software and/or the TNB Tech product is provided on as “AS IS” and “AS AVAILABLE” basis. TNB Tech does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the TNB Tech website, information, content, materials, software or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to, or use of, the service will be uninterrupted or error-free or that defects in the service will be corrected. TNB Tech its subsidiaries, affiliates and its licensors do not warrant that:

• the Software and/or the TNB Tech product will function uninterrupted, be secure or be available at any particular time or location;
• any errors or defects will be corrected;
• the Software and/or the TNB Tech product is free of viruses or other harmful components;
• or the results of using the Software and/or the TNB Tech product will meet your requirements.

Product disclaimer
You are solely responsible for the safe and proper operation of any TNB Tech product you purchase and/or use. If the TNB Tech product requires the use of a fuse or fuses, you are responsible for the proper use of such fuses and for ensuring the TNB Tech product does not cause harm or damage. If the product or kit requires soldering, you are solely responsible for ensuring any soldering is done in a safe manner.

Wear and tear
‍TNB Tech cannot guarantee the upkeep of the fit and finish of the TNB Tech product. TNB Tech is therefore not liable for scratches and damages caused by the use of the TNB Tech product including but not limited to exposure to the environment, drops, liquid spills, scratches, cracks, paint peels, loose mechanical components and contact with other materials including cleaning materials. Over time the TNB Tech product could wear down over the use including but not limited to worn out buttons or switches, lose or non-fitting components or enclosures, or degraded power supplies.

‍Force majeure
‍TNB Tech will not be responsible for any delay or failure in any performance, due, without limitation to acts of God, war, warlike conditions, blockade, embargoes, riots, governmental restrictions, labor disturbances, unavailability of anticipated usual means of supplies, transportation or loading facilities, wrecks, epidemics, quarantine, fire, flood, earthquake, explosions, any unforeseen change in circumstances, or any other causes beyond its reasonable control.

Termination
These Terms shall continue until terminated. Either party may terminate these Terms for any reason at any time. Your right to use the Software will automatically terminate without notice from TNB Tech if you violate any of the Terms. Upon such termination, you must stop using the Software and remove any copies of the Software in your possession or control. TNB Tech makes no representation about the future availability of the Software or any Updates and shall not be liable for any unavailability or removal of the Software or Updates. TNB Tech shall have no responsibility to provide maintenance or support services with respect to the Software. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Governing Law
These Terms shall be governed by laws of The United States of America, and specifically the State of California. Without regard to its conflict of law provisions, any dispute related to the Software, TNB Tech product shall be settled in the State of California, unless any applicable mandatory law requires otherwise.

‍Changes
We may change these Terms from time to time. You can obtain the latest version on our website at www.tnbtechnologies.com/legal/terms-and-conditions. By continuing to access or use the Software and/or TNB Tech product you agree to be bound by these terms. If you do not agree to these terms, please stop using the Software or TNB Tech product.

Miscellaneous
If any of the subsections of these Terms should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

‍Entire agreement
‍You understand and agree that the above Terms constitute the entire general agreement between you and TNB Tech. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.You will be responsible for the consequences of any unauthorized use of your product and shall defend, indemnify and hold harmless TNB Tech from any and all claims, liabilities and damages arising from such unauthorized use.