1. Agreement to terms
These Terms of Service ("Terms") govern your access to and use of the Tarkle website at tarkle.com, all Tarkle products (Send, Portal, Crew), Pentler at pentler.com, and any other services made available through these properties (collectively, the "Services").
As used in these Terms, "Tarkle," "we," "us," or "our" means:
- Tarkle, Inc., a Wyoming corporation with a registered address at 1309 Coffeen Avenue, Suite 15023, Sheridan, Wyoming 82801, United States, if you are located in the United States; or
- Tarkle Limited, a company incorporated in Hong Kong with a registered address at Unit B, 11/F Yam Tze Commercial Building, 23 Thomson Road, Wan Chai, Hong Kong, if you are located anywhere else in the world.
By accessing or using the Services, you agree to these Terms. If you do not agree, you must not use the Services. If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
2. Our products
Tarkle operates the following products under these Terms:
- Send — a white-label file sharing and file tracking platform for client-facing businesses.
- Portal — a white-label client portal and service delivery platform for productized agencies.
- Crew — a contractor management platform for onboarding, contracts, invoicing, and payment tracking.
- Pentler — a design subscription service providing unlimited graphic design, motion, web development, and SEO support on a flat monthly rate, operated at pentler.com.
Each product may have supplemental terms or policies that apply in addition to these Terms. In the event of a conflict, the supplemental terms govern for that product.
3. Eligibility
You must be at least 18 years old to use the Services. By using the Services, you represent that you meet this requirement and that all information you provide is accurate and current.
4. Account registration and security
To use the Services, you must register for an account. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. If you become aware of any unauthorised access, please let us know promptly through our contact page.
We reserve the right to decline any registration, suspend, or terminate any account if we determine a violation of these Terms has occurred or is likely occurring, or for any security reason.
5. Acceptable use
Your use of the Services must comply with our Acceptable Use Policy, incorporated into these Terms by reference. You are responsible for all content you upload, share, or transmit through the Services.
6. Your content and data
You retain full ownership of all files, content, and data you upload to or share through the Services. Tarkle does not claim any ownership rights to your content.
By using the Services, you grant Tarkle a limited licence to store, process, and transmit your content solely to provide the Services to you. This includes making backups, generating previews, and sharing content with recipients you designate.
You represent and warrant that you own or have the necessary rights to your content, that your content does not infringe on any third-party rights, and that your content complies with all applicable laws and these Terms.
You are solely responsible for backing up your content. While we implement backup systems, we recommend maintaining your own copies of important files.
7. Intellectual property
The Services, including all software, text, graphics, logos, and other content excluding your content, are owned by Tarkle and protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable licence to access and use the Services for your internal business purposes. You may not copy, modify, distribute, sell, or lease any part of the Services without our express written permission.
8. Subscriptions and payment
8.1 Trials
We may offer a free trial for some or all products. Trial duration and availability are as advertised on the relevant product page at the time you sign up. Trial terms may change at any time without prior notice. A payment method may be required to start a trial. We may limit or remove trial availability at our discretion. For Pentler, we may complete up to one project during a trial period.
At the end of your trial period, if you do not cancel, your subscription will automatically convert to a paid plan at the rate shown at sign-up.
8.2 Paid subscriptions
Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. Annual subscriptions are discounted compared to monthly billing. Current pricing is available on our pricing page.
By subscribing to a paid plan, you authorise us to charge your payment method automatically for each billing cycle. All fees are exclusive of taxes. You are responsible for paying any applicable taxes.
We will send a reminder email before each subscription renewal. You may cancel at any time from your account settings. Cancellations take effect at the end of the current billing period.
We reserve the right to change pricing at any time with at least 30 days advance notice. Price changes take effect at the start of your next billing cycle after the notice period.
9. Refunds
New subscriptions are eligible for a full refund within 7 days of the first payment only. This guarantee applies to the first payment of a new subscription and does not extend to any subsequent or renewal payments. After the 7-day period, all subscription payments are non-refundable except where required by applicable law.
Full details are in our Refund Policy.
10. Service availability and support
We target 99.9% monthly uptime for core services on paid plans, excluding scheduled maintenance communicated at least 48 hours in advance. We do not guarantee uninterrupted access. If significant downtime occurs that we determine was within our control, paid subscribers may reach out through our contact page to discuss a service credit. Credits are granted at our discretion, cannot be exchanged for cash, and are the maximum remedy available for service interruptions.
Support is available Monday through Friday, 10 AM to 4 PM Eastern Time, excluding United States federal holidays. Response times are targets, not guarantees.
11. Reseller provisions
11.1 Send reseller
If you subscribe to the Send reseller plan, you operate a white-label file sharing platform for your own clients under your own brand, domain, and pricing. Your use of the reseller plan is governed by the White-Label Reseller Terms, which form an addendum to these Terms.
As a reseller, you are solely responsible for your own clients, including the terms you present to them, the support you provide, and your compliance with applicable law. Tarkle has no direct contractual relationship with your clients.
11.2 Portal reseller feature
Portal includes a built-in reseller feature that allows you to onboard other businesses as sub-accounts under your workspace and resell your services through them. This is a product feature within your Portal subscription and is governed by these Terms and your subscription agreement. It is distinct from the Send white-label reseller plan.
12. Account deletion and data retention
12.1 Trial workspaces
If a paid subscription is not activated by the end of the trial period, the workspace is suspended and access is revoked. The workspace and all associated data are permanently deleted 21 days after the trial expires.
12.2 Cancelled paid subscriptions
If you cancel a paid subscription, your account remains accessible through the end of the current billing period. All workspace data is permanently deleted 30 days after the cancellation effective date. We will send a reminder before deletion occurs.
12.3 Inactive free accounts
Free accounts with no login or workspace activity for 6 consecutive months are subject to deletion following at least one email notice to the address on file.
12.4 Unverified accounts
Accounts where the email address has not been verified within 48 hours of signup are automatically deleted without notice.
12.5 Termination by Tarkle
If Tarkle terminates your account for a violation of these Terms, all data may be deleted immediately without prior notice.
Data export is your responsibility. Tarkle accepts no liability for data loss resulting from scheduled deletion.
13. Third-party links and services
The Services may contain links to third-party websites or services. These are provided for convenience only and do not constitute an endorsement by Tarkle. We have no responsibility for the content or practices of any third-party services.
14. Copyright
If you believe that content on our Services infringes your copyright, please refer to our DMCA Policy for instructions on submitting a notice. We may terminate accounts of repeat infringers.
15. Business Services Agreement
If you subscribe to a paid Starter or Pro plan on behalf of a business, your use is additionally governed by the Business Services Agreement. In the event of a conflict, the Business Services Agreement governs for those customers.
16. Disclaimer of warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
17. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TARKLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
18. Indemnification
You agree to indemnify and hold harmless Tarkle, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses including attorneys' fees arising from your use of the Services, your content, or your violation of these Terms.
19. Governing law and disputes
If you are located in the United States, these Terms are governed by the laws of the State of Wyoming, and disputes shall be resolved in the courts of Wyoming. If you are located anywhere else in the world, these Terms are governed by the laws of Hong Kong SAR, and disputes shall be resolved in the courts of Hong Kong SAR. Users in the European Union may also have rights under their local law.
20. Changes to these terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms and updating the last updated date. For significant changes, we will provide at least 30 days notice by email. Your continued use after changes take effect constitutes your acceptance.
Contact
If you have questions about these Terms or anything covered in them, we are happy to help. You can reach us through our contact page at any time, or send your enquiry by post to the address below. We aim to respond to all enquiries within two business days.
Tarkle.com
1309 Coffeen Avenue, Suite 15023
Sheridan, WY 82801
United States