We use amazing technologies to provide businesses with turnkey solutions to enable an enormous range of use cases. Our specialties include:
The Tigertap platform allows our clients to manage numerous endpoints in their environment. Endpoints can be many things: NFC tags, BLE beacons, smart objects, reader infrastructure, consumer identities, mobile devices, etc. All of these endpoints can be analyzed and updated from one convenient web based dashboard.
We feel that every mobile interaction should be relevant and valuable to the consumer. We do this by utilizing contextual information, business indicators and individual preferences to formulate the most meaningful response for that particular interaction. Tigertap makes these smart decisions in real time, so the consumer gets what they want when they want it.
At Tigertap, our goal is make existing mobile services better, by offering payment, loyalty, coupon and other m-commerce service providers simple ways to extend their offering into NFC, BLE and mobile. We provide a full set of secure APIs, so clients can leverage our proximity expertise and continue to focus on their core business.
Megan Hickok Team Epic CoordinatorTigertap’s work impressed us on multiple levels. The company listens to your request, but also offers insight into how to make the engagement even better. They made integrating NFC technology into our events an easy, simple process. Dave’s team is incredibly organized, easy to communicate with, supportive during the event, and flexible. They provide detailed recaps of our events allowing us to truly understand that impact of NFC technology with consumers. Overall, they were positive and energetic making our partnership very enjoyable.
CEO Event MarketingTigertap has been such a pleasure to work with. We have used them for some of our highest profile events, and they have delivered NFC services flawlessly every time. The best part of working with them is how easy they make everything. We have a couple of phone calls to get a plan together, and then we don’t have to worry about it after that. We show up and everything runs smoothly. I would recommend these guys to anyone!
Advertising Coordinator Top 5 Magazine PublisherThese guys are ready for the revolution. When we talk about deploying millions or 100’s of millions of smart advertisements, most of the companies we talk to clam up. Tigertap built their system from day one with this sort of scale in mind. If you have large scale NFC projects, these are the guys.
In-Store Experience Coordinator Fortune 100 CompanyTigertap is our one stop NFC shop. Whether we need hw built from scratch, project management, logistic services or anything in between these guys always come through.
At Tigertap, we believe that proximity services are going to lead to a simpler, more elegant layering of technology into everyday life. The human interaction with proximity technologies is incredibly intuitive, so it is accessible to any and all demographics allowing you to reach previously untapped populations with cool digital services. The problem is that implementing the technologies into usable services can prove challenging. Often times, many players get involved and projects, and the end services, become overly complex and costly. Tigertap aims to make proximity services simple again. We are experts at this stuff, so our clients don’t need to be. We simplify the process for our clients, so they are able to extend their services into the proximity world while maintaining their focus on their core business.
With our head offices near Portland, OR USA and Sophia Antipolis, France, we are able to service our globally dispersed customer base in multiple languages and from multiple time zones.
A true pioneer in the NFC/proximity industry, Dave has significant experience in pulling together the diverse components needed to create, deliver and manage proximity mobile solutions. He has led global teams in business development, sales, marketing, engineering, customer support and operations in the high tech world for over fifteen years.
Before founding Tigertap, Dave headed up NFC and Mobile initiatives at Identive Group, Inc, where he positioned Identive as a major contactless infrastructure supplier as well as created, built and ran an NFC services business within the company. In a previous role at Identive, Dave served as vice president and general manager, Americas for Identive's SCM Microsystems business unit, where he spearheaded the expansion of SCM's customer base, streamlined the organization and supported the introduction of a new broad range of RFID contactless infrastructure products. Prior to joining SCM, Dave spent several years with NXP Semiconductors, a global semiconductor company focused on the identification, mobile communications and consumer electronics markets, where he was the Americas marketing and business development manager for NFC, contact and contactless reader ICs, security ICs and contactless services. He led a team responsible for developing an NFC ecosystem, focusing on hardware manufacturers, software developers, system integrators and content and service providers. He also headed up NXP's contactless services business in the Americas, which included key management and secure application delivery systems. Previously, Holmes held a variety of sales, marketing and engineering positions with Philips Semiconductors, Vishay Inter technology and Lucent Technologies. He holds an MBA from Portland State University and a BS in Industrial Engineering from the University of Nebraska.
Mathew has a long and distinguished career in creating new products for the mobile industry. Working in mobile software and secure infrastructure since 2001 and in NFC since 2006, he has established himself as a world expert in NFC, RFID, secure credential issuance and management and related services.
Prior to founding Tigertap, Mathew was the architect and chief technologist for Identive Groups NFC and Mobile services initiatives. Before joining Identive, Mathew served as director of TSM operations for Gemalto NV, a digital security company, where he defined and drove the global operational and deployment strategy for the company’s Trusted Services Management (TSM) business, which manages mobile payment credentials between banks and mobile network operators. Smith previously had been chief architect and director of an NFC business services initiative that originally developed the TSM business while part of an innovation incubator group at NXP Semiconductors. This TSM business was later sold to Gemalto. Prior to this, he defined the product and sales strategy for NXP’s Java software product line for mobile handsets, where he gained significant experience working with mobile handset businesses and markets in Europe, China, Taiwan and Korea.
Before joining NXP, Smith developed a product strategy and corporate business plan for Smart Fusion, a wireless software start-up in France that subsequently was sold. Smith holds an MBA in innovation and strategy from the Theseus Institute (now EDHEC) in France, an MS in Business Systems Analysis and Design from City University in London and a BS in Chemical Physics from the University of Kent in Canterbury.
This privacy statement applies to websites and services of Tigertap that collect data and display these terms, as well as its offline product support services. It does not apply to those Tigertap sites, services and products that do not display or link to this statement or that have their own privacy statements. Some products, services or features mentioned in this statement may not be available in all markets at this time.
Collection of Your Personal Information:
Tigertap collects and uses your personal information to operate and improve its sites and services. These uses include providing you with more effective customer service; making the sites or services easier to use by eliminating the need for you to repeatedly enter the same information; performing research and analysis aimed at improving our products, services and technologies; and displaying content and advertising that are customized to your interests and preferences. For more information about the use of information for advertising, see the Display of Advertising section below. We also use your personal information to communicate with you. We may send certain mandatory service communications such as welcome letters, billing reminders, information on technical service issues, and security announcements. Some Tigertap services may send periodic letters that are considered part of the service. Additionally, with your permission, we may also occasionally send you product surveys or promotional mailings to inform you of other products or services available from Tigertap and its affiliates, and/or share your personal information with Tigertap partners so they may send you information about their products and services. You can opt-out from receiving newsletters or promotional e-mail anytime by using this web form or by following the steps as described in the respective newsletter or promotional e-mail. Personal information collected on Tigertap sites and services may be stored and processed in the United States or any other country in which Tigertap or its affiliates, subsidiaries or service providers maintain facilities. Tigertap abides by the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Economic Area, and Switzerland. To learn more about the Safe Harbor program, please visit http://www.export.gov/safeharbor.
Except as described in this statement, we will not disclose your personal information outside of Tigertap and its controlled subsidiaries and affiliates without your consent. Some Tigertap sites allow you to choose to share your personal information with select Tigertap partners so that they can contact you about their products, services or offers. Other sites may give you a separate choice as to whether you wish to receive communications from Tigertap about a partner's particular offering (without transferring your personal information to the third party). See the Communication Preferences section below for more information. Some Tigertap services are co-branded by Tigertap and another company (partner). If you register to or use such a service, both a Tigertap privacy statement and the partner’s privacy statement may be displayed. If so, both Tigertap and the partner will receive information you provide such as on registration forms. Tigertap occasionally hires other companies (vendor) to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, hosting websites, processing transactions, or performing statistical analysis of our services. Those service providers will be permitted to obtain only the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose than for delivering the service to Tigertap in accordance with Tigertap’s instructions and policies. However, our vendors may use aggregate data for fraud detection to help improve their services. This helps them to more accurately detect fraudulent transactions. We may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Tigertap or our customers, including the enforcement of our agreements or policies governing your use of the services; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Tigertap employees, customers or the public. We may also disclose personal information as part of a corporate transaction such as a merger or sale of assets.
Some Tigertap services give you the ability to view or edit your personal information online. To help prevent your personal information from being viewed by others, you first will be required to sign in. The method(s) for accessing your personal information will depend on which sites or services you have used.
You can stop the delivery of future promotional e-mail from Tigertap sites and services by following the specific instructions in the e-mail you receive. Depending on the respective service, you may also have the option of proactively making choices about the receipt of promotional e-mail, telephone calls, and postal mail from particular Tigertap sites or services. These choices do not apply to the display of online advertising: please refer to the section “Display of Advertising (Opt-out)” for information on this matter. Nor do they apply to the receipt of mandatory service communications that are considered part of certain Tigertap services, which you may receive periodically unless you cancel the service.
Many of our Web sites and online services are supported by advertising.
Most of the online advertisements on Tigertap sites are displayed by Tigertap Advertising. When we display online advertisements to you, we will place one or more persistent cookies on your computer in order to recognize your computer each time we display an ad to you. Because we serve advertisements on our own websites as well as those of our advertising and publisher partners, we are able to compile information over time about the types of pages, content and ads you, or others who are using your connected devices, visited or viewed. This information is used for many purposes, for example, it helps us try to ensure that you do not see the same advertisements over and over again. We also use this information to help select and display targeted advertisements that we believe may be of interest to you.
We also allow third-party ad companies, including ad networks, to display advertisements on our sites. In some cases, these third parties may also place cookies on your computer. These companies may offer you a way to opt-out of ad targeting based on their cookies. Many of them are also members of the Network Advertising Initiative or the Digital Advertising Alliance, which each provide a simple way to opt-out of ad targeting from participating companies.
Tigertap is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information we collect on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number or password) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your information from subsequent users. Collection and Use of Children's Personal Information[a] Many Tigertap sites and services are intended for general audiences and do not knowingly collect any personal information from children. When a Tigertap site does collect age information, and users identify themselves as under 13, the site will either block such users from providing personal information, or will seek to obtain consent from parents for the collection, use and sharing of their children's personal information. We will not knowingly ask children under the age of 13 to provide more information than is reasonably necessary to provide our services. Please note that if you grant consent for your child to use Tigertap services, this will include such general audience communication services as e-mail, instant messaging, and online groups, and your child will be able to communicate with, and disclose personal information to, other users of all ages. Parents can change or revoke the consent choices previously made, and review, edit or request the deletion of their children's personal information. We encourage you to talk with your children about communicating with strangers and disclosing personal information online. You and your child can visit http://kids.usa.gov/online-safety/index.shtml for online safety resources for additional information about using the Internet safely.
Tigertap Web pages may contain electronic images known as Web beacons - sometimes called single-pixel gifs - that may be used to assist in delivering cookies on our sites and allow us to count users who have visited those pages and to deliver co-branded services. We may include Web beacons in promotional e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon. Tigertap may also employ Web beacons from third parties in order to help us compile aggregated statistics regarding the effectiveness of our promotional campaigns or other operations of our sites. We prohibit Web beacons on our sites from being used by third parties to collect or access your personal information. Finally, we may work with other companies that advertise on Tigertap sites to place Web beacons on their sites in order to allow us to develop statistics on how often clicking on an advertisement on a Tigertap site results in a purchase or other action on the advertiser's site.
We will occasionally update this privacy statement to reflect changes in our services and customer feedback. When we post changes to this Statement, we will revise the "last updated" date at the top of this statement. We encourage you to periodically review this statement to be informed of how Tigertap is protecting your information. [a]if we keep this paragraph, we'll need to make sure we build in the capability to comply with it!
Thanks for using our products and services (“Services”). By using our Services, you are agreeing to these terms. Please read them carefully. Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services: You must follow any policies made available to you within the Services. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Tigertap’s content This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Your Tigertap Account: You may need a Tigertap Account in order to use some of our Services. You may create your own Tigertap Account, or your Tigertap Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Tigertap Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your Tigertap Account, keep your password confidential. You are responsible for the activity that happens on or through your Tigertap Account. Try not to reuse your Tigertap Account password on third-party applications. If you learn of any unauthorized use of your password or Tigertap Account, please contact us immediately.
Privacy and Copyright Protection: Tigertap’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Tigertap can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. Your Content in our Services: Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. When you upload or otherwise submit content to our Services, you give Tigertap (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
About Software in our Services: When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Tigertap gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Tigertap as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Tigertap, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly.
Promotions: If you use Tigertap to communicate or administer a promotion (e.g. a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including: The official rules; Offer terms and eligibility requirements (e.g. age and residency restrictions); and Compliance with applicable rules and regulations governing the promotion and all prizes offered (e.g. registration and obtaining necessary regulatory approvals). If Clients use Tigertap Services to administer a contest, then the following Promotion and Game Rules apply:
AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE GAME DISPLAYS A WINNING MESSAGE, AND EVEN IF HE OR SHE RECEIVES A WINNING EMAIL NOTIFICATION, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY, IS VOID, AND WILL NOT BE HONORED.
Requirements of Potential Winners: Potential winners must continue to comply with the Official Rules and winning is contingent upon fulfilling all requirements. Except where prohibited, each potential winner of a prize valued at $600 or greater (or parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return, within 5 days of the date notice is given (unless otherwise indicated by Sponsor), a Declaration of Compliance, Liability and Publicity Release (the "Declaration") in order to claim his/her prize and fulfill any such other requirements as determined by Sponsor. If a potential winner cannot be contacted, does not respond, or fails to sign and return the Declaration (if applicable) within the required time period, the potential winner may be disqualified and forfeits the prize. In the event that a potential winner of a prize valued at more than $25 is disqualified for any reason, Sponsor may, at its discretion, select an alternate winner in a random drawing from among all remaining eligible entries, up to 3 alternates, if time permits. If all potential alternate winners of a prize are disqualified, no further drawings will take place and that prize will not be awarded. Unclaimed prizes valued at $25 or less will not be awarded.
Individual Games: The starting and ending dates/times, number of random, computer-generated winning times, the prize descriptions, age requirements (if they differ from standard 18), other details that differ from standard requirements, and all other information for each individual Game are set forth in the Game Info section of the individual Game. Prizes consist only of those items and/or services specifically described as part of the prize. If you are the first player to play the Game at or after one of the randomly-generated times, you will be a potential instant winner of the prize indicated. The odds of winning a prize in each individual Game depend on the number of prizes available divided by the number of eligible Game plays for the applicable Game. No substitution, exchange, or transfer of prize by any winner. Sponsor reserves the right to substitute any prize for one of equal or greater value. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
Publicity: Except where prohibited, participation in any Game constitutes entrant’s consent for the Sponsor, applicable prize providers and their respective designees to use entrant’s first and last name, likeness, prize information, city and state of residence, and any comments, testimonials or other feedback related to any prize or entrant's Game experience, whether written or oral, for promotional purposes in any media without further consideration.
General Conditions: In the event that the operation, security, or administration of any individual Game is impaired in any way for any reason, including, but, not limited to, fraud, human error, virus, regularly-scheduled maintenance, or other technical problems, the Sponsor may, in its sole discretion, either: (a) modify the Game in a manner that best conforms to the spirit of the Official Rules without suspending it; (b) suspend the Game to address the impairment and then resume the Game in a manner that best conforms to the spirit of the Official Rules; or (c) cancel the Game and award the prizes in a random drawing from among all eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Game or to be acting in violation of the Official Rules of this or any other promotion, or in an unsportsmanlike or disruptive manner, from participation in the Game or any other promotions. Any attempt by any person to undermine the legitimate operation of any part of the Game may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of the Official Rules shall not constitute a waiver of that provision.
Release and Limitations of Liability: Except where prohibited, by participating in a Game, each entrant agrees to release and hold harmless the Sponsor and Administrator, and their respective parents, subsidiaries, affiliates, promotional partners, prize partners/providers, and their respective agents and agencies, officers, directors, and employees, as well as any specific parties that may be identified in the Game Info, (the “Released Parties”) from and against any claim or cause of action arising out of participation in any Game or receipt or use or misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Game; (b) technical errors related to computers, servers, providers, or telephone, cellular, or network lines; (c) printing errors; (d) errors in the administration of any Game or the processing of entries; (e) late, lost, or undeliverable mail or email; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Game or receipt, use, or misuse of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Game and in no event shall the Released Parties be liable for attorney’s fees.
Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages (other than for actual out-of-pocket expenses or statutory damages) and any and all rights to have damages multiplied or otherwise increased. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another play in the Game, if it is possible. If the Game has been discontinued for any reason, Sponsor, in its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes for any Game will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in any Game to be claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
Disputes: Each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with the Game or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court or the appropriate Washington State Court located in Clark County, Washington; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Game, or statutory damages, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Game, shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules (whether of the State of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington.
Modifying and Terminating our Services: We are continually changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. Tigertap may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers: We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER TIGERTAP NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services: WHEN PERMITTED BY LAW, TIGERTAP, AND TIGERTAP’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TIGERTAP, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, TIGERTAP, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services: If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Tigertap and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Assignment: We may assign these Terms and Conditions, in whole or in part, at any time with or without notice to you. You may not assign these Terms and Conditions, or any part of it, to any other person or entity without our prior written consent, which will not be unreasonably withheld. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Service.
Claims must be filed within one year: Any claim related to this Agreement or the Service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you, your successors and your Principals. It also applies to us and our successors and assigns.
About these Terms: We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Tigertap and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of Washington, U.S.A., excluding Washington’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Clark County, Washington USA, and you and Tigertap consent to personal jurisdiction in those courts.
Tigertap Terms of Sale: In addition to our services, we also sell hardware from time to time. The following terms apply to our hardware sales.
GENERAL TERMS AND CONDITIONS OF SALE: THE FOLLOWING GENERAL TERMS AND CONDITIONS OF SALE (“GTCS”) CONSTITUTE THE COMPLETE AND FINAL AGREEMENT BETWEEN BUYER (“BUYER”) AND TIGERTAP ("SELLER"), RELATING TO THE SALE OF SELLER'S GOODS OR SERVICES (“GOODS”). GTCS APPLY TO ALL QUOTATIONS, ACKNOWLEDGEMENTS, DELIVERIES MADE BY SELLER AND/OR PURCHASE ORDERS PLACED BY BUYER (“PO”). NO PART OF GTCS MAY BE MODIFIED UNLESS APPROVED BY SELLER IN WRITING. SELLER IS NOT DEEMED TO HAVE WAIVED GTCS IF IT FAILS TO OBJECT TO PROVISIONS INCORPORATED IN PO. BUYER'S SILENCE OR PAYMENT FOR, OR USE OF GOODS SHALL CONSTITUTE A FULL AND COMPLETE ACCEPTANCE OF GTCS. IF THERE IS A FORMAL AGREEMENT SIGNED BETWEEN SELLER AND BUYER WHICH CONFLICTS WITH GTCS, THE TERMS OF THE FORMAL AGREEMENT PREVAIL.
QUOTATION - FIRM ORDER: In GTCS, “Contract” means in order of descending prevalence: (i) Seller’s quotation(s); (ii) GTCS; (iii) the Seller’s acknowledgement of PO receipt; (iv) PO excluding (a) PO terms and conditions of purchase, (b) any equivalent terms, (c) provisions or terms appearing in, incorporated in or referred to in or attached to PO, and (d) all other Buyer’s documents but including penalties/liquidated damages only to the extent set out in GTCS below; and/or (v) the technical specifications as defined or expressly accepted by Seller.
Seller’s quotations are valid 30 calendar days from their issuance. Contract is deemed binding on Seller only if agreed by Seller. Once PO is acknowledged, Buyer cannot change or cancel it in any way without Seller’s prior written consent. Buyer assumes all risks and agrees to pay all charges applicable to any Contract cancellation or modification. If required, Contract effectiveness is conditioned by: (i) receipt of the agreed down payment; and (ii) receipt of the contractually compliant documentary credit; and (iii) obtaining of coverage export credit insurance; and/or (iv) obtaining of any requisite approval of competent government authorities. If any required aforementioned conditions are not fulfilled within 45 days as from Seller’s acknowledgement of PO, Contract shall be deemed null and void.
PRICES: Prices are calculated for unpacked Goods delivered EXW Seller’s premises, as per International Chamber of Commerce (“ICC”) Incoterms 2000. If the cost of raw materials increases by more than 5%, the Contract prices may be increased accordingly upon prior notice to Buyer provided that Seller has not invoiced Buyer for affected Goods as of the date of such increase.
All prices are quoted exclusive of (i) any and all taxes (including VAT), tariffs and levies; (ii) any qualification testing, test data or the granting of any rights to Buyer for designs, drawings or inventions; and (iii) transportation and insurance costs. Buyer agrees to indemnify and hold harmless Seller for tax liability in connection with the sale, collection or withholding thereof of Goods. If any law or regulation comes into force after the date of Seller’s quotation which increases or reduces the cost of performance, price shall be adjusted accordingly.
PAYMENT: Goods are invoiced upon delivery EXW Seller’s premises.All invoices shall be paid either on cash on delivery or net 30 days from the date of invoice. In addition to all other rights, Seller may charge 2%/month as late payment interest. Buyer shall pay in full without deduction, withholding, set-off or other charge of any kind whatsoever, regardless of any disputes, litigation and/or discussions.
DELIVERY, RISK OF LOSS AND TITLE: Delivery of Goods is EXW Seller’s premises (ICC Incoterms 2000) unless expressly agreed otherwise in writing by Seller. Partial delivery is permitted. Risk of loss of or damage to Goods pass to Buyer upon delivery. If delivery term is not EXW or FCA unloaded and damage occurs to Goods during transportation and/or if such damage is discovered during Buyer’s inspection, Buyer shall immediately inform Seller by fax or e-mail, issue a claim to the carrier precisely describing the damage on the document presented to Buyer by the carrier and keep a copy of such document. Buyer shall correspondingly confirm the claim to the carrier in a letter with acknowledgement of receipt. Buyer shall hold harmless and indemnify Seller and/or its insurers for such damages in case of Buyer's failure to so notify, issue and confirm. Title in Goods pass to Buyer upon delivery.
TERMS OF PERFORMANCE – STANDARD PACKAGING: Buyer shall timely provide Seller with all drawings, data, documents and all other information (“Info”) necessary to carry out Contract and Seller shall be entitled to rely without inquiry on such Info. Seller shall not be liable for any design, flaw or other errors resulting from defect in the Info provided by Buyer or third parties. Goods are in Seller’s standard packaging. In case of inability to deliver the total quantity of Goods for any reasons, Seller may allocate its available manufacturing capacities amongst any purchasers including Seller’s affiliates as it may deem fair and reasonable without liability for any failure of performance which may result therefrom. If requested, Seller will inform Buyer on the basis under which such allocation is applied.
SHIP DATE – INSPECTION: Ship dates, delivery dates and all time periods set forth are Seller’s best approximation of the same and shall not represent fixed or confirmed dates or times. Seller disclaims any liability whatsoever with respect to such dates or times. Delivery times shall be automatically postponed or extended in case of delay not attributable to Seller such as occurrence of force majeure or non-fulfilment by Buyer of its obligations. Buyer shall perform inspection of Goods within 2 working days from delivery. Buyer’s silence is deemed acceptance of Goods. Reserves issued by Buyer on minor defects which do not affect the basic functions and/or performances of the Goods shall not prevent full acceptance of Goods. Except if default to Goods is exclusively attributable to Seller, return of Goods is made at Buyer’s expenses and risks. All Goods are governed by Seller’s part numbers and any Buyer’s numbers are used for reference purposes only.
TOOLING: Any tools, machinery, dies, jigs, fixtures or items of like nature manufactured or purchased by Seller (“Tools”) for performance of Contract are Seller’s exclusive property, even if Buyer has contributed to part of the costs of such Tools.
WARRANTY: Seller warrants that Goods conform to Seller’s specifications (or if applicable, those of Buyer specifically accepted by Seller in writing) and are free from defects in materials and workmanship – this warranty expires 12 months after the delivery of the Goods. If within the warranty period Goods are proven to be defective for reasons directly attributable to Seller, Seller shall at its option (i) repair or replace under the same conditions, or modify, all or part of such defective Goods; or (ii) refund Buyer with a lump sum equal to the selling price of such defective Goods. If Seller requests, Buyer shall return such defective Goods. Seller warrants that Goods shall be free from defect in title without time limit. The above warranties and remedies are subject to Buyer having: (a) inspected Goods upon receipt within 2 working days from delivery; (b) notified Seller in writing of (b1) obvious defect within 5 working days from delivery, or (b2) hidden defect immediately upon becoming aware of such defect; (c) precisely described in such notice the nature of the defects; and (d) properly received, handled, stored, installed, operated, maintained or used Goods without them having been subject to alteration, accident, abuse, misuse or repair. The warranties and remedies are not enforceable until Goods have been paid in full and shall not apply to (I) defects due to Info and equipment supplied by and/or specified by Buyer or third parties; (II) Goods which have been altered or repaired by anyone; or (III) normal wear and tear of Goods.
THE FOREGOING WARRANTIES CONSTITUTE THE SOLE AND EXCLUSIVE WARRANTIES MADE BY SELLER TO BUYER, AND SHALL CONSTITUTE BUYER’S SOLE AND EXCLUSIVE REMEDIES THERETO. THEY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE.
RETURNS: Credit to the extent of the Contract price for Goods found to be defective shall be allowed upon return of Goods, but only if returned to designated locations upon obtaining specific written authorization from Seller. A service charge may be applied upon any return of Goods.
CONFIDENTIALITY - INTELLECTUAL PROPERTY- PATENT INFRINGEMENT: Seller has a proprietary interest in all of the drawings, designs, specifications, documents, information or know-how which may be provided under Contract and in any know-how, improvement, discovery or invention which may be made, developed or conceived in the performance of Contract or which may arise or result therefrom (“PI”). Buyer shall maintain all PI in confidence and shall not use, copy, reproduce, release, disclose or publish, in any manner or allow access to or possession of any PI to any third party without Seller’s prior written consent. All PI remains Seller’s property. Buyer is deemed to have on loan from Seller any PI only for the purpose specified in Contract or related to the due performance of Contract. Seller shall, with respect to the regular sale and use of Goods designed by Seller, indemnify Buyer against all damages and costs resulting from any claim that such Goods constitute an infringement of intellectual property rights (“IPR”) valid in the territory of sale, provided that (i) Seller is promptly notified in writing of such claim, given authority, information and assistance for the defence of said suit or proceeding and (ii) such claim does not arise as a result of any application, use of such Goods in association or combination with any other material, equipment, device or item not supplied by Seller, or modification of such Goods by Buyer or others. In case Goods or any part thereof furnished is held in any such suit or proceeding to constitute an infringement and its use is enjoined, Seller shall, at its option: (i) procure Buyer the right to continue using said Goods or part thereof; (ii) replace it with substantially equivalent non-infringing Goods; or (iii) modify it so it becomes non-infringing. Buyer agrees to fully defend, indemnify, and hold Seller harmless from any and all costs, expenses, damages, judgments or losses of any kind, including reasonable attorney's fees arising from any claim, suit or demand that any Goods manufactured by Seller according to Buyer's design, specifications, or instructions infringe any IPR. Seller’s above defence and indemnity constitute complete fulfillment of all its obligations or liabilities to Buyer with respect to any IPR infringement and constitute Buyer's exclusive remedy with respect thereto.
LIMITATION OF LIABILITY: SELLER SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY (INCLUDING BUYER),WHETHER AS A RESULT OF BREACH OF CONTRACT, IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE), UNDER ANY WARRANTY, NOR SHALL SELLER, ITS SUBCONTRACTORS AND RESPECTIVE INSURERS BE LIABLE FOR DAMAGE CAUSED BY REASONS SUCH AS REMOVAL OR REINSTALLATION OF GOODS OR COSTS OF DISASSEMBLY OR REASSEMBLY OF GOODS OR EQUIPMENT IN CONNECTION THEREWITH, OR FOR FACILITIES AND EQUIPMENT REARRANGEMENT COSTS, OR FOR LOSS OF USE OF GOODS, EQUIPMENT OR FACILITIES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS BY REASON OF BUSINESS INTERRUPTION, LOSS OF EXPECTED EARNINGS, LOSS OF GOODWILL, NOR FOR COSTS OF INSPECTION OR STORAGE, NOR FOR DAMAGE TO BRAND IMAGE, GENERAL AND ADMINISTRATIVE BURDEN CHARGES ARISING FROM TERMINATION OF PO, NOR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, AS WELL AS FOR ANY CLAIM FROM BUYER'S CUSTOMER(S) WHICH ARISE OUT OF OR RESULT FROM SUCH LOSS OR DAMAGE.
The total cumulative amount for which Seller, its subcontractors, and their respective insurers shall be liable (including warranties), shall not exceed the amount, excluding taxes, received by Seller pursuant to Contract. If penalties/liquidated damages are specified in PO and do not exceed 20% of the PO price, they are construed as liquidated damages and are exclusive of and in lieu of all other actions or claims resulting from failure of Contract’s requirements. Buyer shall not introduce any claim at any time more than 12 months from Goods delivery date.
APLICABLE LAW, JURISDICTION: Contract is governed by Seller’s country substantive laws to the exception of any rules of conflicts of laws incompatible with this choice. Any dispute arising out of or relating to Contract shall be submitted to the exclusive jurisdiction of Seller’s country courts.
ADDITIONAL TERMS: Errors: Any claims for administrative errors must be made within thirty (30) days of receipt of Goods, by written notice to Seller. Errors of a clerical or mechanical nature appearing on the face hereof are subject to Seller’s correction. Financial conditions: Buyer represents to Seller that it is solvent. If Buyer’s financial conditions become impaired prior to full payment to Seller, Buyer shall notify Seller immediately. If Seller, in its sole judgment, finds Buyer’s financial conditions unsatisfactory (with or without notice from Buyer), Seller may at its discretion: demand immediate payment; suspend all further deliveries; reclaim any Goods not paid for; and/or terminate Contract upon 2 days written notice to Buyer, without prejudice to Seller’s other rights or remedies.
License and Permits: Buyer is responsible for all dealings with governmental authorities and regulatory agencies and shall obtain and maintain, at its own expense, all permits, licences and authorizations necessary for the performance of Contract (including for the use, sale or distribution of Goods), and shall assist Seller in obtaining any other visas, permits and customs clearances in this respect, if any.
Buyer’s liability: Buyer, in the event of its default of any of its obligations, shall be liable for all of Seller’s damages, including its loss of actual or anticipated profits, reasonable attorney's fees, costs of collections, with interest thereon at prime rate, in addition to Seller’s other remedies.
Waiver: Seller's failure to insist upon strict performance of any of the terms herein shall not be deemed a waiver of any Seller’s rights or remedies, and shall not be deemed a waiver of any subsequent breach or default of any GTCS.
Force majeure: Seller shall not be liable for any default to carry out its obligations under Contract where such failure is due to any event beyond Seller’s reasonable control including but not limited to fire, windstorm, flood, earthquake, or other acts of God; strikes, lockouts or other work stoppages; wars, riots, or civil commotion; energy shortage, equipment breakdown; government priorities, allocations, regulations or restrictions; interference or restraint of public authority, (whether legal or not); explosion or accident; epidemic or quarantine restrictions; failure of its suppliers or subcontractors; shortage of raw materials or labor; Buyer’s acts or omissions; or any other cause, (whether or not of the same kind as those herein specified) which Seller cannot provide against by the exercise of reasonable diligence in its sole judgment. Quantities so affected may, at Seller’s sole option, be terminated without liability but Contract shall otherwise remain unaffected. Assignment: Buyer cannot assign Contract nor any rights hereunder without Seller’s prior written consent. Seller may assign or transfer any of its rights, liabilities and obligations hereunder to any affiliate or subsidiary without prior written notice. Seller is entitled to sub-contract to one or more sub-contractors all or part of its obligations under Contract.
Disclaimer: Any technical advice, recommendations and services rendered by Seller are based on data believed to be reliable, and are intended for use by skilled persons at their own risk. Seller assumes no responsibility to Buyer for events resulting or damages incurred from their use. They are not to be taken as a license to operate under or intended to suggest infringement of any process. All descriptions, specifications, drawings and illustration contained in Seller’s catalogues and any other advertisement matters are indicative only, and none of these shall be deemed binding on Seller.
Standards and Ethics: The regulations, codes and standards applicable to the performance of Contract shall be those applicable in Seller’s country. Seller has in place a code of business conduct and ethics, and adheres to all relevant applicable laws and regulations regarding fair competition and anti-corruption and expects its trading partners to do so.