AGREEMENT TO TERMS

These Terms of Service ("Agreement") constitute a legally binding agreement between you ("Customer" or "You") and TekTink ("Company," "We," or "Us") regarding your use of the TekTink software ("Software"). By accessing or using the Software, you agree to be bound by this Agreement. If you do not agree with these terms, please refrain from using the Software.

DEFINITIONS

1. "Software" refers to the TekTink software application or its partners/vendors, including any updates, modifications, or enhancements provided by the Company.

2. "Customer" refers to individuals or entities that have subscribed to the Software and agreed to this Agreement.

3. "License" refers to the non-exclusive, non-transferable right to use the Software granted to the Customer under this Agreement.

RIGHTS AND LICENSE

1. Grant of License: Subject to the terms and conditions of this Agreement, the Company grants the Customer a limited, revocable, non-exclusive, non-transferable license to use the Software for the duration of the subscription.

2. Resale: The Customer may resell the Software through licensing, provided that each end-user agrees to and complies with this Agreement.

INTELLECTUAL PROPERTY RIGHTS

1. Ownership: The Company retains all rights, title, and interest in and to the Software, including all intellectual property rights. This Agreement does not grant the Customer any rights to patents, copyrights, trade secrets, trademarks, or any other rights in the Software.

2. Restrictions: The Customer agrees not to modify, copy, distribute, sell, sublicense, reverse engineer, decompile, or disassemble the Software, except as expressly permitted under this Agreement.

ORDERS, FEES, AND PAYMENT

1. Orders: By subscribing to the Software, the Customer agrees to pay the applicable fees as specified on the Company's website or as otherwise agreed upon in writing.

2. Fees: All fees are non-refundable and non-transferable, unless otherwise stated in writing.

3. Payment: The Customer agrees to provide accurate and complete payment information. Failure to pay may result in suspension or termination of the Customer's access to the Software.

CUSTOMER ACCOUNTS AND USAGE

1. Account Registration: The Customer must create an account to access and use the Software. The Customer is responsible for maintaining the confidentiality of their account information.

2. Usage Restrictions: The Customer agrees to use the Software only for lawful purposes and in compliance with all applicable laws and regulations.

PROHIBITED ACTIVITIES AND RESTRICTIONS

1. Prohibited Activities: The Customer agrees not to engage in any of the following activities while using the Software:

a. Violating any laws or regulations.

b. Infringing upon the intellectual property rights of others.

c. Uploading, transmitting, or distributing any harmful, offensive, or illegal content.

d. Interfering with the proper functioning of the Software or the Company's systems.

e. Accessing or using the Software for any unauthorized or illegal purposes.

2. Restrictions: The Customer agrees not to:

a. Modify, adapt, or hack the Software.

b. Use the Software to build a competitive product or service.

c. Use any automated means to access the Software or collect data from it.

PRIVACY

1. Privacy Policy: The Company's privacy practices are outlined in the Privacy Policy, which is incorporated by reference into this Agreement.

2. Data Collection and Use: By using the Software, the Customer consents to the collection and use of their information as described in the Privacy Policy.

THIRD-PARTY SITES

The Software may contain links to third-party websites or services that are not owned or controlled by the Company. The Company assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. The Customer acknowledges and agrees that the Company shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.

COMPLIANCE WITH LAWS

The Customer agrees to comply with all applicable laws, regulations, and industry standards in connection with their use of the Software.

DISCLAIMER OF WARRANTIES

The software is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties, express or implied. The company disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall the company be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use or performance of the software, even if the company has been advised of the possibility of such damages.

INDEMNIFICATION

The Customer agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or in connection with the Customer's use of the Software or any violation of this Agreement.

ADDITIONAL TERMS

Any additional terms and conditions agreed upon in writing between the Customer and the Company shall be considered an integral part of this Agreement.

SEVERABILITY AND INTEGRATION

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between the Customer and the Company and supersedes any prior or contemporaneous agreements, communications, or understandings, whether oral or written, relating to the subject matter of this Agreement.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Agreement shall be exclusively venued in the state or federal courts located in the State of Utah.

ARBITRATION OF DISPUTES

Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, interpretation, breach, termination, or validity, shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association ("AAA") in the State of Utah.

CLASS ACTION WAIVER

To the fullest extent permitted by applicable law, the Customer and the Company agree that any arbitration or court proceedings shall be conducted only on an individual basis and not as a class, consolidated, or representative action.

ATTORNEYS’ FEES

In the event of any legal action or proceeding to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection with such action or proceeding.

By using the TekTink or its partners/vendors software, you acknowledge that you have read, understood, and agreed to the terms and conditions set forth in this Agreement.