Terms of Use
These Terms of Service (“Terms of Use”), which incorporate the company’s Privacy Policy, constitute a legally binding agreement between you (“you”,“operator”, “owner”, “parking provider”, “user”) and Taggr Solutions LLC , and its representatives, officers, affiliates and directors (collectively, “Taggr”) governing your use of Taggr’s digital marketplace platform and any related content or services. You should know and understand how the laws and policies work in your local city under the parking enforcement code of conduct. Some cities have laws that restrict your ability to offer parking enforcement.
These laws are often part of a city’s zoning or administrative codes. Operators, Owners and/or Parking Providers should review local laws before listing a parking operation/location through our services.
Account Registration, Acceptance and Scope
By creating a Taggr operator account, you acknowledge that you have read and agree to these Terms of Use, including the Privacy Policy incorporated by reference. These Terms govern your operator account and use of the Taggr platform from the time you create your account. If you register on behalf of a business or property owner, you represent that you have authority to accept these Terms on that entity’s behalf, and “you” includes that entity. If you do not agree, do not create an account or use the platform.
Account creation does not itself activate every service or incur a setup fee. Service-specific charges apply when you select or use the corresponding service. Merely browsing the website does not enroll you in paid services. If you also enter into a separate written Usage Agreement with Taggr Solutions LLC, that agreement controls conflicting client-service provisions, including fees, payouts, warranties, indemnification, insurance, termination and dispute resolution. These Terms apply to operator accounts whether or not a separate Usage Agreement is signed; provisions expressly describing a separate Usage Agreement apply only where that agreement is in effect. Website updates do not amend an existing signed Usage Agreement.
Notwithstanding the foregoing, if you choose, now or in the future, to join Taggr as a independent contractor/1099, these Terms of Use do not supersede or otherwise impact any other agreements you have with Taggr (*Join Taggr Terms*).
When you enter and use the Site, you accept and are bound by these Terms of Use, and you represent that you have read and agreed to the Terms of Use. If at any time, you determine that you do not accept all the Terms of Use, you should stop using the Site and destroy any /all materials and copy of materials you have obtained using the Site. The company may change these Terms of Use at any time at its sole and exclusive discretion by posting any revised terms on the Site. You should check periodically for any changes that we have made.
If you continue to use the Site after a change is made, you accept and are bound by the updated Terms of Use.
Supplemental terms may apply to certain Services, such as special activities or promotions, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms of Use for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
You acknowledge that we do not provide transportation or public parking services, and we do not directly rent parking spaces to you. Our services may be used for you to contract independent contractors to provide enforcement services, but you agree that we have no responsibility, or liability, to you, related to any parkers/drivers, parkers’/drivers’ vehicles, parking space providers/owners, or parking spaces provided through the use of the services other than as expressly set forth in these terms.
We do not guarantee the suitability, safety or ability of parkers/drivers or parking space providers/owners. Customer service and dispute-resolution services are provided as set out in your applicable Usage Agreement. Nothing in these Terms limits Taggr’s obligations expressly stated in that agreement.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services.
Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices.
In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Communication Applications
By creating an Account, you agree that the Services may send you informational text (SMS) messages or notifications as part of the normal business operation of your use of the Services.
You may opt-out of receiving text (SMS) messages from us at any time, or you may opt- out of alternative notifications by deactivating your account. Generally, you may not opt-out of communications which are not promotional in nature. You acknowledge that opting out of receiving text (SMS) messages and other notifications may impact your use of the Services.
Content and User Content
“Content”includes parking reservations, validations, permits, subscriptions, user photos and information, location information, videos, audio clips, written posts and comments, information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. Content can be posted by us, third parties, or users. All Content that is added, created, uploaded, submitted, distributed, or posted to the Services by you or other users is called“User Content.”Some User Content is publicly posted or privately transmitted. User Content is the sole responsibility of the originator. All Content that you access by using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
Sometimes, you may delete or remove your User Content, either yourself or through a request made through our website. When your User Content is deleted, it will be removed from the Services, but it may persist in backup copies for a reasonable period of time (but will not, following removal, be shared with others).
The format and content of the Services is protected by U.S. and international copyright. We reserve all rights in relation to our copyright (whether owned or licensed to us) and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Services.
The Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without our express written consent. You shall maintain, and not destroy or obscure, all copyright notices, information, and restrictions contained in any Content accessed through the Services for Content provided by us, our partners or users.
We are not responsible for anything another user posts on the Services. We can’t promise that any Content will be made through the Services and we don’t have an obligation to monitor the Services. However, we reserve the right to (i) remove, edit or modify any Content whenever we want for any reason upon notice to you (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from the Services. If the content is contingent on the success of the user using the services as defined in these Terms, the Company is responsible for providing notice, to not interrupt services.
License Grants
Subject to compliance with these Terms and any applicable Usage Agreement, Taggr grants authorized clients and their authorized users a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Online Dashboard and enforcement equipment included in their services during the applicable service term. Use the software only as directed by Taggr and in accordance with applicable federal, state and local laws. Do not alter, modify, adapt, resell, distribute, reverse engineer or make the software available to unauthorized persons. Safeguard your assigned access credentials and do not distribute them. Taggr retains control over operation, maintenance and management of the Online Dashboard and may install alterations, modifications, additions and upgrades.
By submitting User Content through the Services, you grant us a worldwide, non- exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and our business, including without limitation for promoting and redistributing part or all of the Services in any media formats and through any media channels (including, without limitation, APIs, third party websites and feeds). For clarity, these license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
Taggr Services
Taggr is a parking enforcement marketplace that enables operators and asset owners to manage parking enforcement using independent contractors. Services under a Usage Agreement include access to Taggr software, enforcement and payment services directly or with third-party providers, operational and payment-processing systems, customer service and dispute resolution. Clients identify serviced locations through the Online Dashboard and select an enforcement model, such as Tire Tags, Parkpliant/mail-in notices or Taggr Notices.
Creating an operator account constitutes acceptance of these Terms. Review any additional service-specific agreement presented to you before activating the corresponding services. If you have a signed Usage Agreement, it controls conflicting provisions of these Terms, and Taggr’s service commitments under that agreement remain in effect.
Service Fees and Setup Costs
Tire Tag is the only enforcement model with a setup fee. There are no setup fees for Taggr Notices, mail-in notices, SMS notices or Parkpliant notice services. Equipment replacement costs, lookup fees, transaction fees and other applicable service charges are separate from setup fees and remain subject to the applicable terms.
For each serviced location where you select Tire Tag, the one-time setup fee is $795 for software integrations, recruitment, a drop box and inventory. This fee is due within thirty (30) days of the location’s setup date, including newly added Tire Tag locations. Associated equipment is shipped promptly after receipt of payment. Creating an operator account without selecting Tire Tag does not incur this fee.
For clients whose Usage Agreement includes task services, $5 per completed task is deducted from the client’s Stripe account. Account deductions, withholdings and invoices are governed by the applicable Usage Agreement.
Revenue Sharing and Payouts
Under the Usage Agreement, clients receive a variable percentage of applicable Net Revenue Payments, which may be as low as zero percent (0%), based on Taggr’s minimum notice amount threshold for the enforcement model. Net Revenue is the amount actually received for a paid notice, less merchant fees, Taggr payment-processing fees, fees payable to 1099 service providers, enforcement application fees and applicable taxes owed by Taggr in connection with those transactions. A client parking lot must be owned by the client or actively managed by the client or its subsidiary. No particular revenue or payout amount is guaranteed.
Equipment Responsibility
A client who owns Tire Tag equipment bears the financial risk for lost, stolen, irreparably damaged or otherwise unusable equipment to the extent set out in the Usage Agreement. Under that agreement, replacement devices must be reimbursed within thirty (30) days of shipment.
Withholdings and Adjustments
For clients subject to the corresponding Usage Agreement provisions, voiding a Tire Tag results in a $12 deduction from the client’s Stripe Connect account. Voiding a mail-in notice or Taggr Notice results in deduction of the applicable 1099 contractor fee. Refunding a Tire Tag, mail-in notice or Taggr Notice results in deduction of the merchant fee and the applicable 1099 contractor fee.
If an issued and paid Tire Tag becomes the subject of a Stripe chargeback, the Usage Agreement permits withholding an amount equal to fifty percent (50%) of the fee payable to the contractor who performed that enforcement action from the client’s Stripe Connect account, automatically and without further notice. The applicable signed agreement governs all such withholdings.
Dispute Resolution Services
Customer service and dispute resolution are included in the services described in the Usage Agreement. Clients may elect to have Taggr contest Stripe chargebacks on their behalf. These proceedings may take up to seventy-five (75) days, and fees resulting from an adverse determination by the card issuer are deducted from the client’s next payout as provided in the agreement.
Payment Processing Fees
Under the Usage Agreement, clients are responsible for Stripe chargeback dispute fees. These fees are deducted from the client’s Stripe Connect account; fees associated with a lost and settled dispute are withheld from the next payout. Merchant and other payment-processing fees are accounted for in the Net Revenue calculation.
Third-Party Service Costs
Clients using Parkpliant lookup services must reimburse Taggr within thirty (30) days of invoice for lookup fees incurred through that third-party provider for SMS and DMV notice processing, as provided in their Usage Agreement. These fees follow Parkpliant’s unbundled pricing and may vary with applicable local and state DMV regulations. Other third-party charges apply only as provided in the applicable service agreement.
Reconciliation and Payment Timing
When applicable under the Usage Agreement, Taggr automatically disburses the client’s share of Net Revenue Payments to the client’s Stripe Connect account weekly, subject to the deductions and adjustments authorized by that agreement.
Minimum Performance Thresholds
For clients subject to the Usage Agreement’s minimum compensation adjustment, if the notice-issuance pay rate at a location is insufficient to cover the overhead costs of the contractors performing the services, Taggr may invoice the difference to ensure that Taggr realizes no less than a $200 profit threshold per location per month. Adjustments appear on the monthly invoice for the prior month’s services. This is a contractual adjustment, not a guaranteed return to the client.
Modification to the Agreement
Taggr may update these website Terms by posting revised terms and an updated date. Review them periodically; continued use of the website constitutes acceptance of the updated website Terms to the extent permitted by law. Website updates do not modify a signed Usage Agreement. Modifications, amendments, additions or waivers of that agreement must be in writing and signed by all parties.
Eligibility
The Taggr platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Taggr platform is not available to operators who have had their account temporarily or permanently deactivated.
To use the Taggr Platform, each Operator shall create an Operator account and agree to these Terms of Use as part of account creation. Each entity may only create one User account, and Taggr reserves the right to deactivate any additional or duplicate accounts. Your participation in certain Taggr programs and use of certain Taggr services may be subject to additional eligibility requirements as determined by Taggr.
Taggr Communications
By entering into this Agreement or using the Taggr platform, you agree to receive communications from us, our affiliates, or our third-party partners, at any of the phone numbers provided to Taggr by you or on your behalf, and also via email, text message, calls, and push notifications. Communications from Taggr, its affiliated companies may include but are not limited to: operational communications concerning your User account or use of the Taggr platform, updates concerning new and existing features on the Taggr Platform, communications concerning marketing or promotions run by us or our third-party partners, and news concerning Taggr and industry developments. If you change or deactivate the phone number you provided to Taggr, you agree to update your User account information to help prevent us from inadvertently communicating with anyone who acquires your old number.
Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
Promotions, Referrals, and Loyalty Programs
Taggr, at its sole discretion, may offer promotions, referral programs and loyalty programs with different features to any Operators or prospective Operators. Taggr reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Taggr determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. Taggr reserves the right to terminate, discontinue, modify or cancel any promotions or programs at any time and at its sole discretion without notice to you if any event occurs that prevents Taggr from completing such promotion, including without limitation, (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the United States Center for Disease Control as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); or (i) other similar events beyond the reasonable control of Taggr.
Taggr’s referral program may provide you with incentives to refer your friends and family to add their locations to the Taggr Platform.
Restricted Activities
1. Impersonate any person or entity;
2. Stalk, threaten, or otherwise harass any person, or carry any weapons;
3. Violate any law, statute, rule, permit, ordinance, or regulation;
4. Interfere with or disrupt the Taggr Platform or the servers or networks connected to the Taggr Platform;
5. Post information or interact on the Taggr Platform in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
6. Use the Taggr Platform in any way that infringes any third party's rights including:
intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
7. Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Taggr Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
8. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Taggr Platform;
9. “Frame” or “mirror” any part of the Taggr Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
10. Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Taggr Platform;
11. Rent, lease, lend, sell, redistribute, license or sublicense the Taggr Platform or access to any portion of the Taggr Platform;
12. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, copy, access, acquire information, generate impressions or clicks, input or store information, search, monitor any portion of the Taggr Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Taggr Platform or its contents;
13. Link directly or indirectly to any other websites;
14. Transfer, lend, or sell your User account, password and/or identification, or any other User’s Information to any other party;
15. Use a false email address or other identifying information, impersonate or misrepresent any person or entity, or your affiliation with any person or entity, or otherwise omit, misrepresent, or mislead as to the origin or source of any entity accessing the Taggr Platform;
16. Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation;
17. Commercialize the “Enforcement Services” or our Taggr Platform without an agreement directly with Taggr;
18. Circumvent any measures implemented by Taggr to prevent or address violations of this Agreement; or
19. Cause any third party to engage in the restricted activities above.
20. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security or violation of this Agreement, you agree to notify us immediately.
Intellectual Property
All intellectual property rights in and to the Taggr Platform shall be owned by Taggr Solutions LLC absolutely and in their entirety. These rights include database rights, inventions and patentable subject-matter, patents, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights within the U.S. and internationally, with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Taggr Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Taggr. You grant Taggr a non-exclusive, fully-paid, royalty-free, worldwide, perpetual license to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Taggr and other Taggr logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Taggr in the United States.
You acknowledge that Taggr is the owner and licensor of the Taggr Marks, including all goodwill associated therewith, and that your use of the Taggr logo (or any Taggr Marks) will confer no interest in or ownership of the Taggr Marks in you but rather inures to the benefit of Taggr. You agree to use the Taggr logo strictly in accordance with Taggr’s Brand Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Taggr determines to be nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the Taggr Marks or any derivatives of the Taggr Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Taggr in writing;
(2) use the Taggr Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Taggr Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Taggr’s rights as owner of the Taggr Marks or the legality and/or enforceability of the Taggr Marks, including, challenging or opposing Taggr’s ownership in the Taggr Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Taggr Marks, any derivative of the Taggr Marks, any combination of the Taggr Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Taggr Marks; (5) use the Taggr Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
You agree you will not rent, lease, lend, sell, or otherwise redistribute Taggr or manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic Taggr Marks (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from Taggr. Violation of any provision of these terms may result in immediate termination of users account at Taggr’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain- Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the Taggr Marks (in violation of this Agreement or otherwise), you agree that upon their creation Taggr exclusively owns all right, title and interest in and to such materials, including any modifications to the Taggr Marks or derivative works based on the Taggr Marks or Taggr copyrights. You further agree to assign any interest or right you may have in such materials to Taggr, and to provide information and execute any documents as reasonably requested by Taggr to enable Taggr to formalize such assignment.
Taggr respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials on the Taggr Platform infringe upon your copyrights, please email admin@taggrsolutions.com.
Disclaimers
The following disclaimers are made on behalf of Taggr, our affiliates, subsidiaries, parent companies successors and assignees, and each of our respective officers, directors, employees, agents, and shareholders.
Taggr provides its marketplace and associated services as described in the applicable Usage Agreement, using independent contractors for on-site enforcement activities. Contractor schedules and site visits are documented through check-in and check-out. These website disclaimers do not override service commitments, warranties or other obligations expressly stated in a signed Usage Agreement.
The Taggr Platform is provided on an “as is” basis and without any warranty or conditions, express, implied, or statutory. We do not guarantee and do not promise any specific results from use of the Taggr Platform, and do not guarantee “enforcement services” at any given location or time. Taggr reserves the right, to limit or eliminate access to the Taggr Platform in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Taggr Platform will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Taggr Platform will be corrected, or that the Taggr Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity, availability, accuracy, completeness, and reliability of the Taggr platform including: mapping, navigation, time since last enforcement. You are responsible at all times for your conduct and the consequences of your conduct while using the Taggr Platform.
We cannot guarantee that every independent contractor/1099 is who he or she claims to be.
Please use common sense when using the Taggr Platform. Please note that there are risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Taggr Platform by persons under the age of 18 (eighteen) in violation of this Agreement.
You are responsible for the use of your account and Taggr expressly disclaims any liability arising from the unauthorized use of your User account. It is possible for others to obtain information about you that you provide, publish or post to, or through, the Taggr Platform and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose on the Taggr Platform. Please carefully select the type of information that you post on the Taggr Platform or release to others. We disclaim all liability, regardless of the form of action, for acts or omissions (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Taggr or made available through the Taggr Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Taggr Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Taggr Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Taggr advises you to use the Taggr Platform with a data plan with unlimited or very high data usage limits, and Taggr shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Taggr Platform. Taggr shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination;
strikes; riots; acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.
Limitation of Liability
In no event will Taggr, including our affiliates, subsidiaries, parent companies, successors and assignees, and each of our respective officers, directors, employees, agents, or shareholders (collectively “Taggr Parties” ), be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Taggr platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Taggr platform or this Agreement, however arising including negligence, even if Taggr, the Taggr Parties or our agents or representatives know or have been advised of the possibility of such damages.
Taggr has no responsibility or liability for any damages arising out of or in connection with enforcement services. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Terms and Termination
These Terms apply to your operator account from account creation. You may stop using the website at any time and may request account closure by contacting Taggr. For clients under a separate Usage Agreement, services commence on the effective date specified in that agreement, and either party may terminate that agreement effective upon written notice to the other party. Termination does not affect accrued rights or obligations or provisions intended to survive. Account access remains subject to eligibility, security and restricted-use requirements, without overriding a signed agreement.
Compliance with Laws
Clients must have authority to operate the serviced locations and maintain the licenses, credentials, approvals and certifications required for their obligations. Clients are responsible for lawful use of the software and their obligations to property owners. Clients determine notice amounts or fines and must ensure those amounts comply with applicable state and municipal laws, rules and ordinances. Under the Usage Agreement, Taggr must also comply with applicable federal, state and local laws in performing its responsibilities. Taggr does not promise particular operational or financial results.
Confidentiality and Brand Permissions
Under the Usage Agreement, Taggr and the client must protect each other’s proprietary information, share it only with employees or agents who need to know it, and use it only for the agreement’s purposes. On Taggr’s written request, the client must return or destroy Taggr’s proprietary information as directed, subject to the agreement’s allowance for materials needed during authorized software use. The agreement governs the applicable survival periods, including its one-year confidentiality restrictions; ownership of Taggr intellectual property remains with Taggr after termination.
Use of a client’s name or logo in Taggr marketing, customer lists or press releases requires the client’s prior, specific written consent under the Usage Agreement. Use of Taggr trademarks and logos likewise requires the applicable written permission. General website content licenses do not override these confidentiality or consent requirements.
Client Indemnification, Liability and Insurance
The signed Usage Agreement, rather than the general website disclaimers, governs the parties’ client-service indemnification, liability and insurance obligations. It provides client indemnification for claims arising from the client’s work or separate operations, software use, negligence, willful misconduct or breach, and reciprocal Taggr indemnification for Taggr’s negligence, willful misconduct or breach and third-party intellectual-property or data-privacy infringements related to the software, in each case to the extent and on the conditions stated in that agreement. The indemnification provisions survive termination for one year.
The Usage Agreement excludes liability of either party to the other or third parties for lost profits, consequential damages and punitive damages as specified in that agreement. It also requires Taggr to maintain a minimum $1,000,000 general liability occurrence limit and addresses insurance certificates, additional-insured requests and advance cancellation or expiration notice. This summary does not replace, expand or limit the full signed provisions or represent evidence of current insurance coverage.
Client Disputes and Governing Law
For claims arising out of or relating to a signed Usage Agreement, the parties must first endeavor to resolve the dispute through mediation unless both mutually agree otherwise. A mediation request must be in writing; the mediator’s fee is shared equally and the location is mutually agreed. If an arbitration demand is filed concurrently, arbitration is stayed for ninety (90) days pending mediation, or longer by agreement or arbitration order.
Claims under the Usage Agreement not resolved by mediation are submitted to the American Arbitration Association for binding arbitration. The demand must include all then-known claims eligible for arbitration. The award is final and may be entered as a judgment in a court with jurisdiction. The Usage Agreement is governed by Florida law. These client dispute provisions summarize the signed agreement and do not create a separate arbitration agreement with someone merely browsing this website.
Independent Parties and General Provisions
Taggr is a third-party vendor. A Usage Agreement does not create an employment, agency, partnership, joint venture or fiduciary relationship between Taggr and the client. The agreement’s non-waiver, severability, entire-agreement and written-amendment provisions govern the client relationship. Client-specific provisions, including non-disparagement, remain governed by the signed agreement rather than being imposed on website visitors.
Contact
For questions about these Terms or your applicable Usage Agreement, contact admin@taggrsolutions.com.