This document is designed to serve as a legal agreement between you ("User," "Customer," or "you") and 2ENOVATE LLC DBA TEKIMAX ("TEKIMAX," "we," "us," or "our"). By accessing or using our services, including any websites, applications, or related services (collectively, the "Services"), you agree to be bound by these Terms. Please read them carefully. If you do not agree with these Terms, do not use our Services.
1. Acceptance of Terms
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional policies, guidelines, or terms referenced herein. These Terms constitute a binding contract between you and TEKIMAX.
2. Changes to the Terms
TEKIMAX reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website (or via email, if required). Your continued use of our Services after the changes have been posted constitutes your acceptance of the revised Terms.
3. Services Provided
TEKIMAX offers a range of cloud-based software solutions delivered as a service. While the specifics of our Services may evolve, they generally include access to applications, data storage, processing capabilities, analytics, and related support services ("Service Features"). We may, from time to time, update, enhance, or discontinue features without notice.
4. Eligibility and Account Registration
Eligibility: You must be at least 18 years old or the age of majority in your jurisdiction and have the legal capacity to enter into these Terms.
Account Registration: In order to access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately if you suspect unauthorized use of your account.
5. Payment Terms and Subscription
Fees: Some portions of our Services are offered on a subscription or fee basis. The applicable fees will be disclosed at the time of purchase. By subscribing, you agree to pay all fees and charges incurred under your account.
Billing: Fees will be billed on a recurring basis (e.g., monthly or annually) unless otherwise specified. All fees are non-refundable, except as required by law or as expressly provided in a separate agreement.
Free Trials: We may offer free trials or promotional periods. These free trial offers are provided "as is" and may be subject to additional terms and limitations.
Taxes: You are responsible for any taxes associated with your purchase, excluding taxes on TEKIMAX's income.
6. License and Use of the Services
Grant of License: Subject to your compliance with these Terms, TEKIMAX grants you a limited, non-exclusive, non-transferable, revocable license to use our Services solely for your internal business purposes.
Restrictions: You agree not to (a) reverse engineer, decompile, or otherwise attempt to extract the source code of our software; (b) use the Services for any unlawful purpose or in violation of any applicable law; (c) interfere with or disrupt the operation of the Services or the servers or networks connected to the Services; or (d) copy, modify, distribute, or create derivative works based on our Services without express written permission.
7. User Content and Data
Your Data: You retain ownership of any data you upload or generate using our Services ("User Data"). You grant TEKIMAX a worldwide, royalty-free license to use, host, store, and process your User Data solely for the purpose of providing the Services.
Data Security: We implement industry-standard measures to protect your User Data. However, you acknowledge that no method of transmission over the internet or electronic storage is 100% secure.
Compliance: You are responsible for ensuring that your use of our Services and any User Data complies with all applicable laws and regulations.
8. Acceptable Use and Prohibited Conduct
You agree that you will not:
Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services.
Attempt to gain unauthorized access to any portion of the Services, other accounts, or computer systems or networks connected to the Services.
Transmit any viruses, malware, or harmful code.
Engage in any activity that is fraudulent, abusive, or otherwise harmful to TEKIMAX, its users, or third parties.
Use the Services for any unlawful or unauthorized purpose.
TEKIMAX reserves the right to investigate any potential breach of this section and to take appropriate actions, including suspension or termination of your access.
9. Intellectual Property Rights
Our Intellectual Property: All content, trademarks, logos, and data provided through our Services are the property of TEKIMAX or its licensors and are protected by applicable intellectual property laws.
Feedback: Any suggestions, comments, or recommendations you provide regarding our Services may be used by TEKIMAX without any obligation to you, and you hereby assign all rights in any such feedback to TEKIMAX.
10. Third-Party Services and Links
Our Services may contain links to third-party websites or services that are not owned or controlled by TEKIMAX. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. Use such links at your own risk.
11. Disclaimers and Limitations of Liability
Disclaimer of Warranties: The Services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. TEKIMAX does not guarantee uninterrupted or error-free access to the Services.
Limitation of Liability: In no event shall TEKIMAX, its affiliates, or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services. TEKIMAX's total liability for any claims shall not exceed the amount you paid us in the 12 months preceding the claim.
Force Majeure: TEKIMAX shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of war, or other events of force majeure.
12. Indemnification
You agree to indemnify, defend, and hold harmless TEKIMAX and its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your infringement of any rights of another.
13. Termination
Termination by You: You may terminate your account at any time by following the instructions provided within the Services.
Termination by TEKIMAX: We reserve the right to suspend or terminate your account or access to the Services at any time, with or without cause or notice, including for breach of these Terms.
Effect of Termination: Upon termination, your right to use the Services will immediately cease, and you must delete all copies of any materials obtained through the Services.
14. Governing Law and Dispute Resolution
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.
Dispute Resolution: Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Miami, Florida, unless otherwise agreed in writing.
Class Action Waiver: You agree that any dispute resolution proceedings will be limited to resolving disputes on an individual basis, and you waive any right to participate in a class action or class-wide arbitration.
15. Miscellaneous
Entire Agreement: These Terms constitute the entire agreement between you and TEKIMAX regarding your use of the Services, superseding any prior agreements.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver: The failure of TEKIMAX to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent. TEKIMAX may assign these Terms without restriction.