User Agreement

Effective Date: February 2025

This User Agreement ("AGREEMENT") is established between Ring On Hook App, LLC ("TACKLBOX") and you ("USER") for the use of TACKLBOX, the mobile application ("APP"). By accessing or using the APP, you agree to comply with this AGREEMENT.

Section 1. Scope of Agreement

1.1 APP Description

TACKLBOX is a comprehensive suite of tools designed for hospitality operations management, featuring functionalities such as recipes, line builds, beverage builds, checklists, and leader logs. Available via the App Store for use on mobile iOS platforms only.

1.2 Updates and Enhancements

TACKLBOX may, periodically, update or enhance the APP, which may include new features, bug fixes, or improvements. Such updates are subject to this AGREEMENT unless explicitly stated otherwise.

Section 2. License

2.1 Grant of License

Subject to the USER's compliance with the terms of this AGREEMENT, TACKLBOX grants the USER a limited, non-exclusive, non-transferable, revocable license to utilize the APP, within the bounds of the subscription plan selected, solely for your internal business purposes.

2.2 Duration of License

The license granted to the USER under this AGREEMENT is effective from the date of your account registration and continues until terminated either by the USER or TACKLBOX, in accordance with the termination provisions outlined in Section 6 of this AGREEMENT.

2.3 Restrictions

The USER shall not:

  • Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the APP
  • Attempt to access or use the APP in a manner not intended by TACKLBOX
  • Use the APP to infringe upon any intellectual property rights of TACKLBOX or third parties

Section 3. Account Registration

3.1 Account Creation

To utilize the APP, the USER must create an account and provide accurate and complete registration information.

3.2 Account Security

The USER is responsible for maintaining the confidentiality of the account credentials and for all activities that occur under the USER's account. The USER agrees to immediately notify TACKLBOX of any unauthorized use or breach of security and agrees to cooperate in investigating any unauthorized access.

Section 4. Data and Privacy

4.1 Data Collection

TACKLBOX may collect and use certain data and information as described in our Privacy Policy, which is incorporated into this Agreement by reference.

4.2 Data Ownership

The USER retains ownership of all data and content the USER inputs or uploads into the APP. However, the USER grants TACKLBOX a license to use, store, and process such data as necessary to provide the services and enhance the functionality of the APP.

4.3 Third-Party Services

The APP may include integration with third-party services, and the USER acknowledges that TACKLBOX is not responsible for the privacy practices or terms of service of these third parties.

Section 5. Fees and Payment

5.1 Subscription Fees

Use of the APP is subject to subscription fees. Details of fees, billing periods, and payment terms will be provided separately at the point of subscription. These fees vary based on but not limited to the number of users, features, or duration of the subscription.

5.2 Payment Obligations

The USER agrees to pay all fees associated with the use of the APP in accordance with the provided terms.

5.3 Billing Cycle

Subscription fees will be billed monthly/annually, depending on the plan the USER chooses, and must be paid in advance. Payments are non-refundable except as required by law.

5.4 Payment Method

The USER agrees to provide valid and up-to-date payment information for the duration of the USER's subscription. By providing payment information, you authorize TACKLBOX to charge the applicable subscription fees to your account.

5.5 Price Changes

TACKLBOX reserves the right to change the pricing of the subscription plans at any time. Any changes to pricing will be communicated to the USER in advance, and such changes will not affect the pricing for the remainder of your current subscription term.

Section 6. Term and Termination

6.1 Term

This AGREEMENT shall remain in effect until the agreed-upon date or terminated by either party in accordance with its terms.

6.2 Termination for Convenience

Either party may terminate this AGREEMENT at any time by providing written notice to the other party. Upon termination, the USER's access to the APP will cease, and the USER must cease all use of the APP.

6.3 Termination for Cause

TACKLBOX may terminate this AGREEMENT immediately if the USER breaches any provision of this AGREEMENT. In such cases, the USER will not be entitled to a refund of any subscription fees.

6.4 Effect of Termination

Upon termination, the USER will lose access to the APP, and TACKLBOX may delete any data associated with your account after a reasonable period. It is the USER's responsibility to back up their data prior to termination.

Section 7. Limitation of Liability

7.1 Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TACKLBOX DISCLAIMS ALL WARRANTIES AND LIABILITIES REGARDING THE APP, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 Limitation of Liability

IN NO EVENT SHALL TACKLBOX BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE APP, EVEN IF TACKLBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TACKLBOX'S LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT THE USER HAS PAID TO TACKLBOX FOR THE USE OF THE APP IN THE 12 MONTHS PRECEDING THE CLAIM.

Section 8. User Obligations

8.1 Compliance with Laws

The USER agrees to use the APP in compliance with all applicable local, state, national, and international laws and regulations.

8.2 Prohibited Uses

The USER shall not use the APP for any illegal purpose, including but not limited to:

  • Engaging in fraudulent activities or misleading business practices
  • Uploading harmful or malicious content, including viruses, malware, or spyware
  • Violating the intellectual property rights of TACKLBOX or third parties

8.3 Maintenance of Account Information

The USER is responsible for ensuring that all account information, including but not limited to active users, recipes, line builds, beverage builds, checklists, and leader logs, is accurate and up to date. Failure to maintain accurate account information may result in service interruptions.

Section 9. Support and Maintenance

9.1 Customer Support

TACKLBOX provides customer support via email & phone. We will make reasonable efforts to respond to inquiries and provide assistance related to technical issues, account management, or general usage of the APP.

9.2 Scheduled Maintenance

TACKLBOX may conduct scheduled maintenance to ensure the APP's performance. We will notify the USER of planned maintenance whenever possible, but we make no guarantees regarding the availability of the APP during such periods.

Section 10. Miscellaneous

10.1 Governing Law

This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law principles.

10.2 Entire Agreement

This AGREEMENT constitutes the entire agreement between TACKLBOX and the USER regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, negotiations, or discussions, whether oral or written. No verbal or written statements outside this AGREEMENT will be considered binding.

10.3 Amendments

TACKLBOX may amend this AGREEMENT from time to time. The USER will be notified of any material changes, and continued use of the APP after such notification constitutes acceptance of the revised terms.

10.4 Force Majeure

TACKLBOX shall not be liable for any failure or delay in the performance of its obligations under this AGREEMENT due to causes beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, and government regulations.

Section 11. Indemnification

The USER agrees to indemnify and hold harmless TACKLBOX, its affiliates, employees, contractors, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the APP, your violation of this AGREEMENT, or your infringement of any intellectual property or other rights of third parties.

By using Tacklbox, you acknowledge that you have read, understood, and agree to be bound by this User Agreement.