Terms and Conditions

1. User Acknowledgment and Acceptance of Terms and Conditions

1.1 Agreement. TITAN MANAGER grants Users access to an online platform known as the “TITAN MANAGER Platform” (the “Platform“), which provides a variety of data and information related to the User’s investment portfolio. Users may access the Platform through the website titanmanager.io (and all other TM-related websites) (collectively, the “Site“) and one or more TM mobile or web applications (the “Application“). TM provides the Services subject to the User’s compliance with all terms and conditions, policies, and notices included in or referenced in this document (these “Terms and Conditions“), as well as any other written or electronic agreement between TM and a specific User. Furthermore, by using and accessing the Services, Users will be subject to any published guidelines, rules, or documentation applicable to such services or materials that may contain additional terms and conditions beyond those set forth herein. Such guidelines, rules, or documentation are incorporated by reference into these Terms and Conditions.

By subscribing to, accessing, or using the Services in any way, you indicate your agreement to be bound by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, please leave and stop using the Services.

1.2 Right to Modify; Binding Effect of Continued Use. TM reserves the right to change these Terms and Conditions at any time without prior notice to Users, and any modification or change to these Terms and Conditions will take effect at the time such modification or amendment is posted. The User acknowledges and agrees that it is their responsibility to periodically review the Site, the Application, and these Terms and Conditions and to stay informed of any changes. The User’s continued use of the Services after such modifications will constitute the User’s acknowledgment of the modified Terms and Conditions and their agreement to be bound by them.

1.3 Non-Professional Use. The Services are intended solely for individual Users acting for purposes outside their commercial, business, trade, or professional activity, as defined under Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. Users are not permitted to subscribe to these Terms and Conditions on behalf of a company or other entity.

1.4 Use at the User’s Own Risk. The Platform is a software- and information-based tool that provides certain financial information and facilitates investment and personal finance research for Users. TM and its Affiliates do not act as, nor are they, financial or business advisors and do not provide related services. The Services are provided for informational and convenience purposes only and are not intended to provide any advice. When you require such advice, please consult a qualified professional.

You are solely and fully responsible for the information you enter into the Platform, your investment decisions, and their consequences. We do not recommend or endorse any specific investment strategy or any investment products or securities that may be mentioned, referenced, or included in the Services. In particular, the rebalancing and securities valuation tools available through the Platform are provided solely for your convenience and should not be used to make trading or investment decisions. You are solely responsible for your use of the Services, including determining how you access and use the Services and the extent to which you rely on the results provided, including the extent to which you make financial or investment decisions based on information obtained through them. In this regard, we assume no responsibility for the accuracy or suitability of the information or data you access through the Services. All information and data are provided based on the information entered by the User themselves, and TM does not perform any accuracy review of such information. You acknowledge and agree that we and our Affiliates shall not be liable for damages or losses resulting from financial losses and lost profits, losses arising from access to or inability to access or use the Services, or from your reliance on information provided through the Services.

2. Definitions

The following terms shall have the following meanings for purposes of these Terms and Conditions. Capitalized terms not defined in this section are defined elsewhere in these Terms and Conditions.

“Affiliates” refers to the owners, employees, administrators, affiliated companies and subsidiaries (including their employees, officers, and administrators), suppliers, partners, sponsors, Data Providers, and agents and representatives of TM, and includes (without limitation) all parties involved in the creation, production, and/or delivery of the Services (including Apple and Google).

“Application” or “App” refers to any software application or web and/or mobile experience that TM makes available to the User from time to time to access the Platform, which may be downloaded, installed, or otherwise made accessible on the User’s computer or mobile device through the Site, web applications, Apple’s App Store, Google’s Play Store, or other similar platforms.

“Data Providers” refers to those third parties that provide information, data, content, or materials to TM that may be available through the Services.

“Content” refers to any content, material, information, data, instructions, media, articles, publications, communications, suggestions, simulations, software, photos, videos, graphics, music, sounds, and other materials and services that Users may view or otherwise access on or through the Site, the Application, or other Services, excluding User Material.

“Services” means (i) the Platform, (ii) the Site, (iii) the App, (iv) the Content, (v) any specific service or offering that TM may provide through the Platform, the Site, or the App, which may or may not include Premium Features, (vi) any support services and related technologies, software, and/or APIs that TM may provide at its sole discretion to facilitate, maintain, and monitor your use of the foregoing, and (vii) any other services or offerings that TM may provide from time to time through the Platform.

“User,” “you,” or “your” (and similar terms) means any person or entity that visits, views, uses, or accesses any part of the Services.

“User Material” refers to the content, material, information (including financial information), data, instructions, media, articles, posts, communications, software, photos, video, graphics, music, sounds, and other material that a User may import, upload, or provide to the Platform in connection with the User’s use of the Services.

3. Services

3.1 Access and Use. Subject to these Terms and Conditions, TM grants you a limited, personal, non-exclusive, and non-transferable right and license to access and use the Services (subject to any particular access plan you have selected).

3.2 Payments, Premium Features, and Paid Services. Certain Platform features may only be available through a paid subscription. Accordingly, to access and use certain Platform features, you must pay all applicable subscription and access fees in effect at any given time. TM may also, at any time, choose to charge additional fees for all or part of the other Services, offer all or part of the other Services on a subscription basis, or restrict portions of the Site, the Application, or features and functionality within the Site or Application, or certain other Services. All such advanced, additional, paid, and subscription Services are collectively referred to as “Premium Features” and are subject to payment for access.

We will notify you of any fees associated with the Services, including Premium Features, as well as any additional terms and conditions that may apply to such Premium Features or subscriptions, so that you may choose whether to purchase or subscribe to them.

From time to time, we may offer certain Users the opportunity to access and use certain Services at a reduced price or under certain conditions. Please note that continued use of those Services after the reduced-price period will generally require payment of the applicable fees and charges. In particular, you may be asked to provide a valid credit card when signing up to access and use any service at a reduced price. In such case, unless you cancel the Service during the reduced-price trial period, your subscription price will automatically update and we will charge your credit card for all applicable fees and charges for the Services after the trial period. You acknowledge and agree to the foregoing and authorize us to charge your credit card in connection with all trial services that have converted to paid services.

3.3 Refunds; Payment and Authorization; Cancellation. If you choose to purchase or subscribe to the Platform or any other Service (including any Premium Features), a valid credit card will be required for paid accounts, and the Services will be billed in advance in accordance with the applicable price list at the time.

TM does not offer refunds, as we offer a free plan that allows you to experience and test the Services offered by TM.

However, you may cancel your subscription at any time by visiting the billing section of the account “Settings” page (a request by email or a support ticket asking for cancellation of your subscription is not considered a cancellation), and it will not automatically renew after the previously charged billing period. All billing is recurring, meaning you will continue to be billed until you cancel your subscription. If you cancel the Service before the end of the payment period, your subscription will remain active until the next due date.

If you are requesting the Services for the first time, please ensure that your purchase is correct before making payment, as we do not offer refunds for initial payments or recurring payments.

All fees will duly inform you of applicable taxes prior to payment in accordance with the law applicable to these Terms and Conditions. You agree to be billed monthly, annually, or in such installments as mutually agreed upon, and grant us the right to charge your credit card (or otherwise facilitate payment) with the payment information you provide us, including on a recurring basis. You will reimburse us for any charges that may be assessed against us in connection with rejected payments and will keep us informed of all changes to your billing information.

3.4 Data and Information from Third-Party Sites. Users may be required or permitted to link to a Google, Facebook, or Twitter account, or to another third-party account or site, to provide, submit, or upload User Material or other information to the Services. You acknowledge and agree and grant us all necessary rights and licenses to access your User Material and other information that may be hosted on third-party sites, to integrate with third-party APIs to access and transmit your User Material and other information to our Services, to store such User Material and other information, and to process and use such User Material and information through the Services. You are solely responsible for complying with all third-party agreements, terms of service, or other applicable legal conditions and for ensuring that you have the right to use and transmit the applicable User Material and other information to the Services and to allow the Services to process the User Material and other information.

3.5 Limitations. TM makes the Services available to Users and reserves the exclusive right to modify or discontinue all or part of the Services, including the Site, the Application, and any of their features, at any time, with or without prior notice to the User. TM shall not be liable to the User or to any third party if it exercises such right. The User understands and agrees that temporary interruptions to the Services may occur as normal events.

Furthermore, the User understands and agrees that TM has no control over third-party networks or data flows that the User may access during their use of the Services. Therefore, delays and interruptions of network transmissions are entirely beyond TM’s control, as is the accuracy and integrity of information and data received through such third-party networks or data flows. In particular, the User acknowledges that TM uses Data Providers and that we are not responsible for any possible errors, failures, interruptions, or discontinued services caused by the Data Providers (with or without prior notice). We do not verify any data or information received from Data Providers and disclaim any obligation to do so. Additionally, for the convenience of our Users, the Platform may perform currency conversions for companies’ financial data and stock prices (among other things). We cannot guarantee the accuracy of the exchange rates displayed. You should confirm current rates before making any transaction that may be affected by exchange rate fluctuations.

The User acknowledges and agrees that the Services are provided “as is” and “as available” and that TM assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any Content, User Material, communications, or personalization settings. The User acknowledges and agrees that certain features and parts of the Services may only be available to certain Users. Any new updates that increase or improve the current Services (including Premium Features) will be subject to these Terms and Conditions.

3.6 Equipment and Requirements. The User acknowledges that certain parts or features of the Services may not be fully accessible or functional without: (i) a properly functioning computer or mobile device; (ii) a properly functioning Internet connection; (iii) a user account and/or an access/activation code or payment for Premium Features or any other Service requiring payment; and (iv) other system elements, specifications, technology, and/or equipment that TM may specify at any time. It is the User’s responsibility to ensure that all required system elements are in place. The User understands and agrees that temporary interruptions to the Services may occur as normal events. TM may use third-party providers to store, manage, and authenticate accounts and content, and to provide the hardware, software, networks, storage, and related technology necessary to run the Services. We are not responsible for any issues caused by third-party failures or interrupted services. TM does not guarantee or warrant that any Content or User Material you save, store, or access through the Services will not be subject to inadvertent damage, corruption, or loss. You acknowledge that TM may perform maintenance on the Services from time to time (when and as necessary as determined by TM in its sole discretion), which may result in service interruptions, delays, or errors. TM shall not be liable for such interruptions, delays, errors, or failures.

3.7 Reservation of Rights. You acknowledge and agree that the Services are provided to you under a limited, non-exclusive, non-transferable license and, therefore, you do not acquire any ownership interest in the Services, nor any other rights in or to them other than the right to use the Services in accordance with the license granted, and subject to these Terms and Conditions. TM and its licensors and service providers (including Data Providers) shall respectively retain all of their rights, title, and interest in and to the Services, including all Intellectual and Industrial Property Rights, except as expressly granted to you in these Terms and Conditions.

4. Electronic Contracting and Notices to Users; Claims

All contracts made electronically between TM and the User shall be considered, for all legal purposes, to be in writing, enforceable, and binding.

The delivery of any notice from TM is effective when sent or posted by TM, regardless of whether the User reads or views the notice upon receipt or whether the User actually receives the delivery.

All questions, complaints, claims, or other notifications to TM shall be made in writing and sent by email to help@titanmanager.io or by postal mail to TM’s registered address indicated in the header, or by using any contact function available through the Platform.

Any notice or communication sent to TM shall be deemed delivered to TM on the date of delivery.

5. User Requirements and Restrictions

5.1 Accuracy; Security. The User agrees to: (i) provide truthful, accurate, current, and complete information; and (ii) maintain and update the information provided. The User acknowledges that if any information provided by the User is false, inaccurate, out of date, or incomplete, TM reserves the right to terminate the User’s use of the Services and withdraw any offer or agreement. The User agrees to keep their account information, including their username and password, secure and not to share it with third parties. In this regard, the User is solely responsible for maintaining the security of their account.

5.2 Restrictions. During your use of the Services, you agree, by way of example and not limitation, not to: (i) violate any laws, third-party rights, or our policies; (ii) manipulate the Services, email responses, or interfere with any other User’s use of the Services; (iii) provide false, inaccurate, misleading, defamatory, or libelous information or content; (iv) forge or create any emails, content, correspondence, or other information on our behalf, including false or fraudulent acceptances or offers; (v) create any service based, in whole or in part, on any content from the Services or business ideas; (vi) distribute viruses or any other technology that may harm TM, or the interests or property of our other Users; (vii) copy, modify, or distribute rights or content from the Platform, the Site, or the Application, or commercialize any of our Services or any information or software provided in connection with those Services; (viii) collect or otherwise gather information about our Users, including email addresses, without their consent; (ix) use the Services to gain unauthorized access to TM’s network(s) or server(s); (x) interfere with the use and enjoyment of the Services; (xi) violate Intellectual and Industrial Property Rights, including those of any third party.

5.3 Age Requirement for Use of the Services. The User must be 18 years of age or older to visit or use any of the Services in any manner. The User represents and warrants that they are 18 years of age or older and that they have the right, authority, and capacity to accept and comply with these Terms and Conditions.

5.4 Remote Monitoring. TM shall have the right and ability to monitor, through the use of cookies, certain usage and performance data from the Services to confirm, among other things, the number of Users using the Services and the User’s compliance with these Terms and Conditions. For more information about the cookies we use, please review our Cookie Policy.

5.5 Remote Disabling. In the event that the User fails to pay fees owed for the Services (to the extent applicable) or for Premium Features when due, or the User otherwise breaches the Terms and Conditions, the User acknowledges and agrees that TM may remotely disable or cancel the User’s use of the Services.

6. Data and Privacy

6.1 Privacy Policy. Information that TM obtains through the User’s use of the Services, including User information, is subject to TM’s Privacy Policy, which is specifically incorporated by reference into these Terms and Conditions. For more information on how we handle your personal data, please review our Privacy Policy.

6.2 User Material. You are responsible for all User Material submitted to the Platform, the Site, the Application, or any of the other Services and for any activity that occurs under your account. You shall be solely responsible for the accuracy, quality, completeness, legality, reliability, suitability, and intellectual property rights or right of use of your User Material. TM shall not be liable for any data, information, or material that you authorize us to retrieve or that you submit to the Services in the course of using the Services.

TM and its authorized personnel have the right (but not the obligation), at their sole discretion, to refuse or remove any User Material that is processed by or provided to the Services. We may, but have no obligation to, remove content and accounts containing content that we determine, at our sole discretion, to be illegal, threatening, inappropriate, offensive, or otherwise objectionable, or that violates the intellectual property of any party or these Terms and Conditions. We may also from time to time establish additional guidelines or policies applicable to any User Material submitted to the Services, and such guidelines or policies are incorporated by reference into these Terms and Conditions.

6.3 License. The User acknowledges and agrees and hereby grants TM each and every right and license to: (i) access, use, process, display, and manipulate any User Material and any User systems as necessary to provide, improve, and monitor the Services; and (ii) use User information and User Material for its commercial and marketing purposes consistent with the Privacy Policy, including, without limitation, using User information and User Material for research and analysis purposes in accordance with TM’s Privacy Policy.

6.4 Public Access. You understand and agree that certain information you may import or process on the Platform, the Site, the Application, or other Services may be publicly available depending on your settings and whether Premium Features or other paid Services are enabled. You are solely responsible for controlling what information you may make available to the public, and we are not responsible for any claims related to the public availability of such information.

7. Termination

The User acknowledges and agrees that TM may, at any time and at TM’s sole discretion, terminate the User’s access to any or all of the Services without prior notice to the User for violation of these Terms and Conditions. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of the relationship with the User. Furthermore, the User acknowledges that TM will cooperate fully with TM in investigations of violations of systems or network security. Upon termination or suspension, regardless of the reasons therefor, the User’s right to use the Services ceases immediately, and the User acknowledges and agrees that TM may immediately deactivate or delete the User’s account (if applicable) and all related information and files in the User’s account and/or prohibit any further access to such files and to the Services. TM shall not be liable to the User or to any third party for any claims or damages arising from any termination or suspension or from any other action taken by TM in connection therewith. Applicable provisions (by their nature) of these Terms and Conditions shall survive any termination.

8. Third-Party Sites and Information

The Services may link Users to other Internet sites or include references to information, documents, software, materials, content, and/or services provided by third parties (“Third-Party Materials“). These Third-Party Materials (and the third parties responsible for them) are not under TM’s control, and the User acknowledges that TM is not responsible for the accuracy, completeness, validity, copyright compliance, legality, decency, or any other aspect of such Third-Party Materials, nor is TM responsible for errors or omissions in any references to other parties or their products and services. The inclusion of Third-Party Materials, including any references or links to them, is provided solely for convenience purposes and does not imply endorsement of, or association with, TM or its Affiliates, or any warranty of any kind, whether express or implied. You access and use all Third-Party Materials at your own risk and subject to the terms and conditions of such third parties.

9. Intellectual Property

9.1 TM’s Ownership. The User acknowledges and agrees that the Services are protected by copyright, trademarks, patents, or other applicable ownership rights and laws belonging to TM, its Affiliates, and their respective licensors, and are the exclusive property of TM and/or its Affiliates and/or their respective licensors (the “Intellectual and Industrial Property Rights“). Any unauthorized use of the Services may violate the Intellectual and Industrial Property Rights and could result in criminal or civil penalties. TM reserves the right to suspend access to the Services for any User who infringes the Intellectual and Industrial Property Rights. Neither TM nor TM’s Affiliates warrant or represent that the User’s use of the Content displayed in or obtained through the Services will not infringe third-party rights. Some of the ideas, software, and processes incorporated into the Services that are available through the Platform, the Site, or the Application may be protected by pending applications in any jurisdiction, and TM may prepare and file additional applications to those already filed.

9.2 Feedback. By submitting comments and suggestions, you agree to grant and hereby grant a non-exclusive, for the maximum term permitted by applicable law, irrevocable, worldwide, royalty-free license to any intellectual property rights you may have in your comments and suggestions to use them to improve TM’s products or services. You acknowledge that the submission of comments and suggestions is voluntary and that TM may be considering or developing technologies that are the same as or similar to your comments or suggestions.

10. Information Submitted by the User

10.1 User Material. The User is solely responsible for the accuracy, quality, completeness, legality, reliability, suitability, and copyright of all User Material, and TM assumes no responsibility for the deletion, correction, destruction, loss, infringement, or failure of the Services to store any User Material. TM shall not be obligated to maintain a backup or copy of any User Material, and TM shall have no liability for any loss of User Material, whether caused by TM, the User, or any third party.

10.2 Suspected Copyright Infringement. TM respects the intellectual property of third parties and asks Users to do the same. If the User believes that their intellectual and industrial property rights or other ownership rights have been infringed by the Services, the User must immediately send a notification to TM using the contact information described herein. To be effective, the notification must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed; (ii) information reasonably sufficient to allow TM to contact the claiming party, such as address, phone number, and, if available, an email address at which the claiming party can be contacted; (iii) identification of the material that is allegedly being infringed or subject to infringing activity and which is to be removed, and information reasonably sufficient to allow TM to locate the materials; (iv) a statement that the reporting party believes the use of the material is not authorized by the rights owner; and (v) a statement that the information contained in the notification is accurate and that the reporting party is authorized to act on behalf of the owner of a right that is allegedly being infringed.

11. Warranties

TM shall be liable to Users for any lack of conformity that exists at the time the Platform and/or the App and any other Services are made available, in accordance with applicable regulations. The User may, by sending a communication to help@titanmanager.io, request that such lack of conformity be remedied.

Notwithstanding the foregoing, the Services are provided “as is” and “as available,” without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose.

TM does not warrant that (a) the Services will meet the User’s needs; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Services will be effective, accurate, or reliable; or (d) the quality of any product, service, or information purchased or obtained by the User through TM’s Services or those of its Affiliates will meet the User’s expectations or be free from errors, failures, or defects.

The Services may include technical or other errors, inaccuracies, or typographical errors. Use of the Services, or downloading or otherwise obtaining any material through the Site and/or the Application, is done at the User’s own discretion and risk, with the agreement that the User will be solely responsible for any resulting damages, including, without limitation, any damage to the User’s computer system(s) or network(s) or loss of data resulting from such activities.

Some states or jurisdictions do not permit the exclusion of certain warranties, so some of the above limitations may not apply to all Users.

12. Limitation of Liability

In no event shall TM be liable to the User or any third party for special, punitive, incidental, indirect, or consequential damages of any kind, or any other type of damages, including, without limitation, economic losses or losses arising from loss of use, data, or profits, regardless of whether TM has been advised of the possibility of such damages, nor for any type of liability arising from or in connection with the use of the Services. Furthermore, TM shall not be liable in any way for goods and services of third parties offered through the Services, or for assistance in conducting financial transactions.

Some jurisdictions prohibit the exclusion or limitation of liability for damages and claims, so the above limitations may not be applicable to the User in those specific jurisdictions.

13. Indemnification

At TM’s request, the User agrees to defend, indemnify, and hold harmless TM and TM’s Affiliates from all liabilities, amounts, damages, claims, alleged claims, costs, and expenses, including attorneys’ fees, arising from, related to, or otherwise connected with: (i) the User’s use or misuse of the Services; (ii) any false statement, fraud, or other act or omission that is inconsistent with the requirements of the Platform, the Site, the App, or any agreement entered into between TM and the User; (iii) any breach of any provision of these Terms and Conditions; (iv) any violation of applicable law by the User; (vi) any violation of any Intellectual and Industrial Property Rights by the User, whether belonging to TM or third parties; (vii) any User Material that the User imports, uploads, or otherwise provides to the Services; and (viii) any third-party claims that may be affected by or arising from the User’s use of the Services. TM reserves the right to assume exclusive defense and control of any matter subject to indemnification by the User, in which case the User will cooperate with TM in asserting any available defenses.

14. International Use

Although the Services may be accessible worldwide, TM does not guarantee that (i) the use of the Services is appropriate or available for use in locations outside of Spain; or (ii) the use of the Services or content made available through the Services complies with foreign laws. Users who choose to access and use the Services from other locations outside of Spain do so on their own initiative and are responsible for compliance with local laws and requirements. Any offer of any product, service, and/or information made in connection with the Services is void to the extent that its offering is prohibited in the relevant territory.

15. Governing Law and Jurisdiction

All claims and/or disputes related to these Terms and Conditions or the User’s relationship with TM shall be governed by Spanish law, in particular Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, and shall be submitted to the Courts and Tribunals of (i) the place where the service is provided, (ii) the User’s domicile, or (iii) TM’s domicile, at the User’s choice.

Additionally, the European Commission offers a platform for alternative dispute resolution, which can be accessed at the following link: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en. To file a complaint through the Online Dispute Resolution platform, the User must use the following email: help@titanmanager.io.

16. Entire Agreement

These Terms and Conditions constitute the entire agreement between TM and the User with respect to the Services and supersede all prior agreements of the parties with respect to its subject matter. To the extent that any element of the Services or associated with them conflicts with or is inconsistent with these Terms and Conditions, these Terms and Conditions shall prevail. Notwithstanding the foregoing, any point related to pricing or otherwise agreed upon with the User in connection with usage limitations or pricing of the Services shall supplement these Terms and Conditions and shall apply to the User.

17. General

17.1 Assignment. TM may freely assign TM’s rights and obligations under these Terms and Conditions and transfer, assign, or novate these Terms and Conditions.

17.2 Force Majeure. In addition to any excuse provided by applicable law or under these Terms and Conditions, TM shall be exempt from liability for failure to deliver or delay in delivering products and services available through the Platform, the Site, or the Application arising from any event beyond TM’s reasonable control, whether or not foreseeable by either party, including but not limited to labor disputes, war, fire, accident, adverse weather, network outage, power outages, inability to secure transportation, governmental act or regulation, and other causes or events beyond TM’s reasonable control, whether or not similar to those listed above.

17.3 Enforceability; Severability. If any part of these Terms and Conditions is found to be invalid or unenforceable, that part shall be interpreted in a manner consistent with applicable law to reflect, to the greatest extent possible, the original intentions of the parties, and the remaining parts shall remain in full force and effect.

17.4 No Waiver. Any failure by TM to enforce or exercise any provision of these Terms and Conditions or related rights shall not constitute a waiver of that right or provision or a waiver of TM’s right to enforce or exercise any provision of these Terms and Conditions in the future.