Welcome to Tarkie

Please read these Terms carefully because they are a binding agreement between You and MobileOptima Inc.

I, User Full Name, an employee/agent/authorized user of User Client do hereby accept and agree to be bound by these End-User Terms of Service ("Terms") on my own behalf and on behalf of my company, employer, principal or client (collectively, the "Client"), pursuant to the Client Terms of Service and Service Level Agreement between MobileOptima Inc. and my company, employer, principal or client User Client for the use of the Tarkie mobile, web and/ or cloud application (the "Tarkie System"). My electronic assent is a valid signature under the Philippine E-Commerce Act of 2000 (RA 8792).

1. Definition

Unless the context requires otherwise, capitalised terms have the meanings given in the Client Terms of Service (CTS) or Service Level Agreement (SLA). In addition:

"Account" - the credentialed profile issued to you.

"MOI" - MobileOptima, Inc., owner of the Tarkie System.

"Crendentials" - my username, password, one-time-password tokens and any biometric factor registered to the Account.

2. License Grant

MOI grants me a limited, non-exclusive, non-transferable, revocable license to access and use the Tarkie System solely for the Client's legitimate internal business purposes and strictly in accordance with these Terms. I understand that all intellectual-property rights in and to the Tarkie System remain with MOI and its licensors.

3. Account Security & Acceptable Use

3.1 Registration. I shall provide an authorized email address and mobile number to complete the sign-up process and to receive official notices and communications from MOI and/ or the Tarkie System, as discussed in the Client Terms of Service.

3.2 Confidentiality of Credentials. I will keep my Credentials, devices and multi-factor tokens strictly confidential and will not permit any other person to access or use my Account. I accept full responsibility for all activity conducted through the Account, whether authorised by me or not.

3.3 Prohibited Conduct. I will not:

• reverse-engineer, de-compile, copy, reproduce, disassemble or otherwise attempt to discover the source code of the Tarkie System;
• sublicense, lease, resell, distribute, or make the Tarkie System available to a third party;
• use the Tarkie System to build a competing product or service;
• upload malware or illegal content, or violate any law, regulation, or third-party right (including copyright and data-privacy laws);
• use the Tarkie System for any illegal or unauthorized purpose;
• engage in any other activity that violates the Client's policies or these Terms

4. Location & Device Data; Privacy

4.1 Data Collected. Subject to MOI's Privacy Policy, I shall allow MOI to monitor my location, camera, and other activities on my mobile phone/ laptop/ desktop PC/ other devices, once I have logged into the Tarkie System and until I have logged out.

4.2 Legal Bases. Processing is performed under my consent, under the Client contract, and under MOI's legitimate interests in securing and improving the Tarkie System. Further details are in MOI's Privacy Policy (https://www.app.tarkie.com/dashboard/privacy-policy).

4.3 Lawful Uploads. I warrant that any personal data I upload has been collected lawfully and with proper notices to data subjects pursuant to the Data Privacy Act of 2012 (RA 10173).

4.4 Consent. I expressly consent to MOI's processing of my personal data for the purposes stated above and acknowledge my rights as a data subject under Philippine law.

5 Devices, Connectivity and Local Permits

I will maintain my mobile device, laptop, desktop PC, other devices, peripherals and data connection plan in good working order as instructed by the Client. I am responsible for any telecom or third-party charges incurred in using the Tarkie System. I further acknowledge that the Client is solely responsible for identifying, obtaining and maintaining any licenses, registrations, approvals or other local permits required by national or local authorities for the lawful deployment and use of the Tarkie System in each jurisdiction where the Client operates, and that MOI shall have no liability for any penalty, fine or loss arising from the Client's failure to secure such permits.

6 Training and Support

6.1 Training. I confirm that I have attended the Tarkie training program provided by MOI and have equipped myself with the knowledge necessary for proper use of the Tarkie System.

6.2 Self-Help. Before raising a support ticket, I will consult the training decks, user manuals and knowledge base.

6.3 Ticketing. If the answer is not available, I will submit a support ticket via the support channels aligned with the Client. MOI will respond in accordance with the SLA.

7. Confidentiality & Data Export

7.1 Confidential Information. All non-public information accessed through the Tarkie System is confidential and may be used only for the Client's internal purposes.

7.2 No Unauthorised Disclosure. I will not export, download, disclose or transfer Tarkie data to any third party without the Client's prior written authorisation, except as required by law.

8. Termination & Suspension

MOI may suspend or terminate my Account immediately if I breach these Terms, if I pose a security or legal risk, or if the Client's subscription lapses. Upon termination, my license ends and I must cease all use of the Tarkie System.

9. Disclaimers

I acknowledge that the Tarkie System are provided "as is" and "as available." MOI disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and does not guarantee that the Tarkie System will be error-free or uninterrupted.

10. Limitation of Liability

To the fullest extent permitted by law, MOI's aggregate liability arising out of or related to the Tarkie System will not exceed the fees paid by the Client to MOI for the Tarkie System in the six- month period preceding the event giving rise to the claim. MOI will not be liable for indirect, incidental, special, consequential or punitive damages (including lost profits, data loss or business interruption).

11. User Indemnity

I will defend, indemnify and hold harmless MOI, its affiliates and their officers and employees from any claim, damage or expense arising from (a) my breach of these Terms, (b) my unlawful or unauthorised use of the Tarkie System, or (c) content I upload that violates law or third-party rights.

12. Updates to Terms

MOI may amend these Terms from time to time. MOI will provide at least fifteen (15) calendar days' advance notice by e-mail or in-app banner. My continued use of the Tarkie System after the effective date constitutes my acceptance of the revised Terms.

13 General Provisions

Governing Law and Venue. These Terms are governed by the laws of the Republic of the Philippines. Any dispute not resolved through good-faith negotiation shall be settled by arbitration under the Philippine Dispute Resolution Center, Inc. (PDRCI) Rules in Taguig City. If court action is required, venue shall be exclusively the proper courts of Pasig City, Metro Manila.

Force Majeure. MOI is not liable for delay or failure caused by events beyond its reasonable control.

Assignment. I may not assign my rights under these Terms without MOI's prior written consent.

Severability. If any provision is held invalid, the remaining provisions will remain in full force.

Entire Agreement. These Terms, together with the MSA/SLA between MOI and the Client, constitute the entire agreement regarding my use of the Tarkie System and supersede all prior or contemporaneous understandings.

Contact Information. MobileOptima Inc., Unit 810, Citystate Center Bldg., 709 Shaw Blvd., Pasig 1600, Philippines • admin@mobileoptima.com • +63 2 7758 0677.

By agreeing, checking the relevant box, or continuing to use the Tarkie System, I acknowledge that I have read, understood and voluntarily accept these Terms and the Client's Terms of Service/ SLA and MOI's Privacy Policy.

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