Last modified: June 14, 2025

These Terms of Use (“Terms”) are entered into by and between you and Tandem Technology, Inc. (“we,” “Tandem,” “us,” or “our”). These Terms govern your access to and use of withtandem.com (the “Website”). Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website.

By accessing or using the Website you agree that you have read and understand these Terms. If you disagree with any part of the Terms, then you do not have permission to access or use the Website . The Website may provide access to one or more service portals, each of which require an additional registration and is subject to additional terms and conditions.

We reserve the right to modify these Terms at any time. The date these Terms were last revised is identified at the top of the page. All changes are effective immediately upon posting and, by accessing or using the Website after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Website or otherwise communicated to you.

Privacy Policy

We may collect certain information about you from your access to and use of the Website, which may be personally identifiable, as described in our Website Privacy Policy. By accessing the Website, you acknowledge our Privacy Policy, which describes our information collection, use, and sharing practices.

License

Provided you comply with these Terms, Tandem grants you a limited, nonexclusive, revocable, non-assignable, non-transferable, non-sublicensable license to access and use the Website solely for your own personal and internal purposes.

Intellectual Property

The Website, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content are and will remain the exclusive property of Tandem or, as applicable, its suppliers, licensors, and partners. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tandem. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Tandem or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Website may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted by Tandem to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Tandem.

Compliance with Laws

In connection with your access to and use of the Website, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.

Restrictions on Your Use of the Website

You may download or print one copy of the Website’s visible content for your own internal use as long as you do not modify or delete any copyright, trademark, or other proprietary notices.

You must not:

• Copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Website or any part of the Website without Tandem’s prior written consent.

• Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Website for purposes of creating or compiling that content for any purpose.

• Access, use, or copy any portion of the Website, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

• Use the Website to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Website or any computers, hardware, software, system, data, or networks.

• Use the Website for unlawful purposes.

• Engage in activities that aim to render the Website or associated services inoperable or to make their use more difficult.

• Submit inaccurate, incomplete, or out-of-date information via the Website, commit fraud or falsify information in connection with your use of the Website, or act maliciously against the business interests or reputation of Tandem.

Career Opportunities

The Website may allow you to upload a resume and other materials in connection with posted career opportunities at Tandem. You will not upload a resume or any other materials for any person other than yourself. You warrant that all information contained in any resume or other materials you provide is current, accurate, and complete. Your submission of a job application and your upload of a resume or other materials does not in any way require Tandem to review materials or consider you for employment. Career opportunity descriptions on the Website are subject to change at our sole discretion without notice.

No Warranty

The Website is provided “as is,” “as available,” and without any warranty of any kind. Neither Tandem nor its affiliates, suppliers, or licensors are responsible for providing maintenance or support services for the Website. Tandem makes commercially reasonable efforts to ensure that all material, data, and other information on the Website is accurate and reliable, but neither accuracy nor reliability can be guaranteed. Tandem does not warrant or guarantee the quality, completeness, timeliness, or availability of the Website. Tandem does not warrant or guarantee that the Website will be uninterrupted or error-free, that any defects in the Website will be corrected, or that the Website or the servers that make the same available are free of viruses or other harmful conditions or components. Tandem is not responsible for any typographical errors on the Website.

To the maximum extent permitted by applicable law, Tandem expressly disclaims all warranties of any kind with respect to the Website, whether expressed or implied, including without limitation those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, noninfringement, and any arising from a course of dealing or usage in trade. Tandem has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication.

Your use of the Website is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any information from the Website, and any other damage that may be incurred.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Tandem, its affiliates, or its or their respective directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, or licensors (individually a “Tandem Party” and together, “Tandem Parties”) be liable for any indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other similar loss or damage of any kind, arising out of or in connection with the Website or your access to or use of, or inability to access or use, the Website, whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a Tandem Party has express knowledge of the possibility of the loss or damage.

Your sole and exclusive remedy is to stop accessing and using the Website. Without limiting the foregoing, in no event will Tandem Parties’ liability to you exceed $100, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Tandem Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Website, your misuse of any material, data, or other information downloaded or otherwise obtained from the Website, or your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

Links to Third-Party Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by Tandem. Tandem has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. 

You acknowledge and agree that Tandem shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Governing Law; Disputes

These Terms shall be governed and construed in accordance with applicable federal law and the laws of Delaware, United States, without regard to its conflict of law provisions.

Any dispute, controversy or claim arising out of or relating in any way to these Terms, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the Terms, shall be exclusively resolved by binding arbitration upon a either party’s submission of the dispute to arbitration. In the event of a dispute, controversy, or claim arising out of or relating in any way to the Terms, the complaining party shall notify the other party in writing thereof. Within thirty (30) days of such notice, management level representatives of both parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one (1) year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. The arbitration shall be conducted by JAMS Mediation, Arbitration and ADR Services.

General

Tandem welcomes comments regarding the Website. If you submit comments or feedback to us regarding the Website, they will not be considered or treated as confidential. We may use any comments and feedback that you send us at our discretion and without attribution or compensation to you.

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. These Terms inure to the benefit of Tandem’s successors and assigns. You may not assign your rights or delegate your duties under these Terms without our prior written consent.

These Terms, including our Website Privacy Policy, constitute the entire agreement between us regarding our Website. In the event you register an account with us for portal access, access to the additional account services will be subject to the Terms of Service applicable to the account services. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by Tandem. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Website.

These Terms and any other documentation, agreements, notices, or communications between you and Tandem may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

Contact Us

If you have any questions about these Terms or the Website, please contact Tandem at:

Tandem Technology, Inc.

73 Spring St, Floor 3A

New York, NY 10012

Email address: legal@withtandem.com