TARC Terms of Use and Terms of Service

Last updated: September 19, 2025

Effective: May 18, 2025

These Terms are a contract between you (“User”) and TARC LTD CO (“TARC”). By using our websites, apps, products, or services (the “Services”), you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

We may change these Terms at any time. If a change is material, we will notify you before it takes effect. Your continued use of the Services after the effective date constitutes your acceptance of the new Terms.

1) Eligibility; Accounts

The Services are intended for individuals 13 years of age and older. If you are under 13, a parent or guardian must register and use the application on your behalf. You are responsible for your account, including keeping your password secure and for all activity that occurs under your account.

2) User Content

You are responsible for the content you post or submit (e.g., names, descriptions, comments). You represent and warrant you have all rights necessary to do so and that your content will not violate any law or rights of others. We may remove any content for any reason.

By submitting content, you grant TARC a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify (for formatting/display), perform, display, and distribute such content in connection with operating and improving the Services. This license ends when you delete your content from the Services unless it has been shared with others and they have not deleted it.

You may link content you’ve published elsewhere if you have the rights to do so. Some parts of the Services use third-party open-source software subject to separate licenses. Except as permitted by law or applicable licenses, you may not copy or adapt any part of our code, visual design elements, or trademarks without our written permission.

3) Acceptable Use

You agree not to (and not to permit anyone else to):

access or tamper with non-public areas of the Services, our systems, or our providers’ systems;
access or search the Services by any means other than our published interfaces (e.g., approved APIs);
forge headers or otherwise manipulate identifiers in emails or posts, or use the Services to send deceptive or misleading information;
interfere with or disrupt any user, host, or network (including sending a virus, overloading, flooding, spamming, mail-bombing);
use bots or scripts to create accounts or content in a manner that causes undue burden on the Services;
scrape, crawl, or copy the Services content except as permitted by robots.txt or with our express written consent.

We may change, suspend, or restrict access to any part of the Services at any time, without notice.

3A) Client Contact Lists; Messaging; Compliance

Contact lists & consent. If you upload or provide contact information (including names, emails, and phone numbers) or use the Services to send messages or links (“Messages”), you represent and warrant that you have all required permissions, consents, and notices to contact those individuals and to enable TARC to process personal information on your behalf. You will not use purchased or harvested lists.

Compliance. You are solely responsible for complying with all applicable laws when sending Messages, including CAN-SPAM, TCPA/A2P 10DLC (including registration, campaign declarations, STOP/HELP support, and content rules), and, where applicable, CASL and GDPR/ePrivacy.

Personalized links & analytics. You instruct TARC to append unique identifiers to your links and to collect and report engagement analytics back to you. You agree to provide any legally required notice and/or consent to recipients and to honor opt-out requests promptly.

Prohibited use. You will not send Messages that are deceptive, illegal, abusive, or that violate carrier policies. Deliverability is not guaranteed and may be impacted by carrier filtering or rate limits.

Indemnity. You will defend and indemnify TARC against claims arising from your contact lists, Messages, or failure to obtain required permissions/consents.

3B) Data Roles; Service Provider Terms (U.S. state privacy laws)

For Client contact lists and related analytics, TARC acts as your service provider/processor and will process personal information only to provide the Services, implement your instructions, maintain security, and comply with law. TARC will not sell or share personal information (as defined by applicable privacy laws), nor combine your data with other clients’ data except as permitted to provide and protect the Services.

4) Fees; Payments; Refunds

Pricing for certain Services may depend on customization and quantity. Organization Representatives may set pricing for their offerings and are responsible for collecting payments from Individuals. TARC uses Stripe and related services to facilitate payments. TARC receives a percentage of payments made by Individuals to Organization Representatives, which may vary by Service.

Payment method: You agree to provide a valid payment method and authorize TARC to charge it for chosen Services and recurring charges (if applicable). Keep your billing information current.
Overdue amounts: If amounts due are not received by the due date, we may limit or suspend access to the Services.
Suspension/termination: If any amount is more than 30 days overdue, we may suspend or terminate access, alter or delete your data, and retract online access controls. We will provide at least 10 days’ notice before taking action.
Disputes: We will not suspend for amounts reasonably disputed in good faith while you diligently cooperate to resolve the dispute.
Refunds: Organization Representatives may request refunds from TARC where applicable. Refunds to Individuals are managed by Organization Representatives directly.

5) Third-Party Services

The Services may link to or integrate with third-party services (e.g., payment processors, content delivery networks, analytics, SMS gateways). Your use of third-party services is governed by their terms and privacy policies. TARC is not responsible for third-party services.

6) SMS Terms (Marketing & Informational)

By providing your mobile number and opting in, you consent to receive SMS/MMS messages from TARC. Message frequency varies. Message and data rates may apply. Reply STOP to opt out; HELP for help; or email [email protected]. Mobile numbers must not be shared between multiple users for a single opt-in.

7) Intellectual Property

TARC and our licensors own the Services and all associated intellectual property rights. Except for the limited rights expressly granted, we reserve all rights. You may not use our trademarks or trade dress without our written permission.

8) Feedback

If you submit feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.

9) Termination

You may close your account by contacting [email protected]. We may suspend or terminate access if you violate these Terms or create risk or possible legal exposure for us or other users. Upon termination, sections that by their nature should survive will survive (e.g., IP, disclaimers, limitations, indemnity, governing law).

10) Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

11) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TARC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO TARC FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY.

12) Indemnification

You agree to indemnify and hold harmless TARC and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your content, your use of the Services, or your violation of these Terms or applicable law.

13) Governing Law & Venue

These Terms are governed by the laws of the State of Wyoming, without regard to its conflicts-of-law rules. You agree that any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Laramie County, Wyoming, and you consent to their jurisdiction and venue.

14) Miscellaneous

If any provision of these Terms is held invalid, the remaining provisions will remain in full force and effect. No waiver of any term will be deemed a further or continuing waiver of such term or any other term. These Terms, together with the Privacy Policy and any other policies or addenda referenced herein, constitute the entire agreement between you and TARC regarding the Services.

15) Contact

Questions about these Terms? Email [email protected].