Terms of service

1. Definitions

• Provider: TARCON OÜ, registry code 16487228, address Meruski tn 10-4, 51017 Tartu, Estonia.
• Client: the company or institution that has an organisation in tarcus.
• User: a person the client has invited to tarcus.
• Service: the tarcus web application at app.tarcus.tech, the iPhone app and their support.
• Client data: everything the client and its users enter or upload.

2. The contract

The contract is made when the provider has created an organisation for the client and the client has started to use it. It consists of these terms, the agreed package and price, and the data processing agreement.

3. Free trial

A new client can try the service free for 14 days. Nothing is charged during the trial and the client is under no obligation to go on. Three days before the trial ends we remind the client's administrators.

If the client goes on, it chooses a package and the contract continues at that price. If not, we may close the organisation; the client's data is then deleted 30 days after closing unless the client has asked otherwise.

4. Packages

A package sets how many users, how many buildings and how much storage the client has. One project is one building or one construction site. Invitations count as users until they are accepted or expire. When a package is full, nothing more can be added until the client removes something or the package is changed. Nothing that exists is deleted because of it.

Facility Management (FM) is a separate part, priced by agreement. A package can be changed by agreement; a larger one applies at once.

5. Price and payment

Prices are on the price list at tarcus.tech, plus VAT. An invoice is issued at the start of each month for the month ahead, payable within 14 days. We give at least 30 days' notice of a price change.

If an invoice is unpaid 14 days after a reminder, we may suspend the service until it is paid. The data is kept while the service is suspended. Late payment interest is 0.05% of the unpaid amount a day.

6. Obligations of the client and its users

• Each user signs in with their own account and does not share their password.
• The client is responsible for whom it invites, and with what role.
• No unlawful content, malware or files the client has no right to use are uploaded.
• The service is not used in a way that loads it unreasonably, and nobody tries to reach other clients' data.
• If the client notices something wrong with an account, it tells us at once.

7. Client data

Client data belongs to the client. The provider uses it only to provide the service and processes personal data under the data processing agreement. The provider joins a client's organisation only when help is needed; this is always written into the client's activity history.

Until the contract ends, the client can download its files itself. When it ends, the organisation is closed and its data deleted 30 days later; in those 30 days we help export the data in a common format on request. It leaves the backups within the next 14 nights.

8. Availability

We do our best to keep the service running day and night. Updates and maintenance are done outside working hours where possible, and a longer interruption is announced ahead. The data is backed up, encrypted, every night. We cannot promise that the service will run without interruptions or faults.

9. Support

Support is by e-mail at info@tarcon.ee. On working days we usually answer within one working day.

10. Intellectual property

The software, its design and the tarcus trade mark belong to the provider. The client receives the right to use the service in its work while the contract is in force. We may use feedback the client gives to improve the software.

11. Liability

Each party is liable for direct damage it causes the other. The provider's liability is limited to the amount the client paid for the service in the 12 months before the damage. Neither party is liable for indirect damage or lost profit. These limits do not apply to intent or gross negligence.

The provider is not liable for the accuracy of the client data, nor for damage that comes from a user sharing their password or not following these terms.

12. Confidentiality

Each party keeps the other's business secrets and the client data confidential, also after the contract ends, unless the law requires them to be disclosed.

13. Term and termination

The contract has no fixed term and is billed monthly. Either party may end it with 30 days' notice. The provider may end it at once if the client materially breaches these terms and does not put it right within 14 days of being told.

14. Changes

We give clients at least 30 days' notice of a change to these terms. A client that does not agree may end the contract before the change applies.

15. Law and disputes

Estonian law applies. Disputes are settled by negotiation, failing that in Harju County Court.