This document (the "Agreement") sets forth the terms and conditions that govern your use of the services offered by or through myTLC (the "App") developed by Troyalty LLC ("Troyalty"). Your use of any of our services will constitute acceptance of this Agreement and will have the same legal effect as if you were providing a handwritten signature of acceptance. The services are not offered and will not operate except in the United States.
myTLC provides an easy to use password management solution, including continuously updated Dark Web monitoring for compromised passwords, plus hand-picked negotiated saving opportunities. myTLC attempts to provide the most accurate and current data available in order to identify potentially compromised passwords, but it makes no guarantees regarding the accuracy of the results it provides. All savings opportunities are provided to you free of charge and the availability, accuracy, and suitability of any offering are the sole responsibility of the supplying merchant or vendor.
You agree to use the myTLC services only for purposes that are lawful. You shall not use this service in any way that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or foreign law.
myTLC's service leverages your phone as a storage device to capture and manage the usernames, passwords, and related website information. This information is stored in an encrypted database on your phone, protected by a master password or palm-based biometric authentication.
myTLC provides a feature that enables you the ability to synchronize your usernames and passwords between your phone and any compatible Mac OS X computer running the TLC Password Manager client application. In order to use this feature, you must enable Bluetooth in your iPhone's settings and installed the client applications available for download from our website. If you fail to do this, myTLC will not be able to successfully connect or synchronize password data between your phone and your computer.
myTLC provides a limited trial, during which you can use all features of the service for up to ten passwords for as long as desired. Upon entering ten passwords, the myTLC app will not allow you to enter any additional passwords without a paid subscription.
myTLC's services are provided through the APP STORE on a monthly or annual paid subscription basis. myTLC rates for services are listed in the App and on the App Store. Troyalty reserves the right to modify its rates at any time and/or to offer special promotions. Payments will be charged to your iTunes Account at confirmation of purchase. Subscriptions automatically renew unless auto-renewal is tuned off at least 24-hours before the end of the current subscription period. Subscriptions may be managed and auto-renewal may be turned off by going to your Account Settings after purchase. Troyalty does not issue refunds for services. Troyalty does not send invoices to its customers. Instead, you have confidential access to your account balance information through the App Store. If you have a billing dispute, you must contact the App Store to seek a remedy.
We may from time to time introduce new features to the service or modify or delete existing features. We will notify you of any new or modified features when they become available, as well as any new or modified terms of this Agreement. Any new or modified terms will become effective for your use of the service upon the earlier of (i) your use of a new or modified feature to which the new or modified term relates or (ii) the date of your next App Store bill payment.
You may discontinue service at any time by contacting the App Store. You will not be entitled to any refund of unused balances if you discontinue service. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service.
Troyalty reserves the right, if it reasonably suspects that you are committing fraud or otherwise violating these terms of service, (a) to terminate this Agreement and your access to its services, (b) to refuse to allow you to recharge your account, or (c) to suspend your account immediately until further investigation takes place.
TROYALTY SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS, AND/OR ERRORS. TROYALTY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF TROYALTY HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TROYALTY IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF OR YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE. TROYALTY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE APP OR BY THE SERVICE THROUGH ANY OTHER MEANS. TROYALTY ALSO SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE MYTLC SERVICES IN ANY COUNTRY.
TROYALTY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. TROYALTY ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ITS DARK WEB MONITORING OR ANY INFORMATION PROVIDED BY MYTLC REGARDING THE LEGALITY OF THE USE OF ANY OF THE MYTLC SERVICES IN ANY PARTICULAR STATE OR IN ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA.
Troyalty shall not be liable for its failure to perform any of its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to: acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of Troyalty.
You agree to indemnify, defend, and hold Troyalty, its officers, directors, employees, agents, shareholders, licensors, suppliers, and any third party information providers to the App, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorney's fees, which are the result of, or are in any way related to, your use of the App or Troyalty's services.
All disputes, claims, and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this agreement shall be submitted for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Chicago, Illinois. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorney's fees of the prevailing party shall be assessed against the party against whom the award is rendered.
By entering into this agreement, you consent to the receipt of electronic mail ("e-mail"), text messages, and customer service phone communication (including on-screen notifications) from Troyalty regarding (a) the operation of the service and your account and (b) other services and products we believe may be of interest to you. You may opt out of future e-mails, notifications, and text messages about such products or services by contacting us by e-mail at support@troyaltycorp.com. You may not, however, opt out of receiving Troyalty communications regarding important information relating to your account or this Agreement.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Troyalty (collectively "Marks"), including but not limited to "myTLC," are and shall remain the exclusive property of Troyalty, and nothing in this agreement shall grant you the license to use such Marks without the express written permission of Troyalty. Troyalty retains ownership and all rights to the myTLC name, logo, software, databases, reports, website, and information. Troyalty reserves the right to restrict the use of its name, system, logo, software, lists, databases, reports, and any information created or obtained by Troyalty. However, each individual user has the right to use the myTLC name on his, her, or its site to further promote the myTLC service to the Internet community.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement will continue in full force and effect.
This Agreement, as modified consistent as provided herein, constitutes the entire agreement between you and Troyalty with respect to the services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic, or oral, between you and Troyalty.
This agreement and all modifications and amendments thereto shall be governed by the law of the State of Illinois, U.S.A., without giving effect to its conflicts of laws principles. All communications and notices to be made or given pursuant to this Agreement shall be in the English language.