Terms of Service
Last updated: December 22, 2024
Table of Contents
- 1. Acceptance of Terms
- 2. Description of Service
- 3. Registration and Accounts
- 4. Subscription and Payment
- 5. Acceptable Use Policy
- 6. Intellectual Property
- 7. Data and Privacy
- 8. Service Availability
- 9. Limitation of Liability
- 10. Indemnification
- 11. Termination
- 12. Modifications to Terms
- 13. Governing Law
- 14. Contact Information
1. Acceptance of Terms
These Terms of Service ("Terms") govern your use of TUC4Human ERP's software, services, and website (collectively, the "Service") operated by TUC4Human ERP Inc. ("we," "us," or "our").
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Service.
These Terms apply to all visitors, users, and others who access or use the Service.
2. Description of Service
TUC4Human ERP provides enterprise resource planning software solutions specifically designed for manufacturing operations, including but not limited to:
- Production scheduling and planning
- Inventory management
- Quality control systems
- Supply chain management
- Financial management and reporting
- Human resources management
- Business intelligence and analytics
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice to users.
3. Registration and Accounts
3.1 Account Creation
To access certain features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information as necessary
- Keep your login credentials secure and confidential
- Notify us immediately of any unauthorized use of your account
3.2 Account Responsibility
You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.
3.3 Prohibited Accounts
You may not create an account if you:
- Are under 18 years of age
- Are prohibited from using the Service under applicable law
- Have been previously banned from the Service
- Are creating the account for fraudulent purposes
4. Subscription and Payment
4.1 Subscription Plans
Our Service is offered through various subscription plans as detailed on our pricing page. Each plan includes different features and usage limits.
4.2 Payment Terms
- Subscription fees are billed in advance on a monthly or annual basis
- All fees are non-refundable except as required by law
- You authorize us to charge your payment method for all fees
- You are responsible for all applicable taxes
4.3 Price Changes
We may modify subscription prices with at least 30 days' notice. Price changes will not affect your current billing period.
4.4 Suspension for Non-Payment
We may suspend your access to the Service if payment is not received within 30 days of the due date. Your account will be terminated if payment remains outstanding for 60 days.
5. Acceptable Use Policy
5.1 Permitted Use
You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service responsibly and professionally.
5.2 Prohibited Activities
You agree not to:
- Use the Service for any illegal or unauthorized purpose
- Violate any local, state, national, or international laws
- Transmit any malicious code, viruses, or harmful software
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Service or servers
- Reverse engineer, decompile, or disassemble the software
- Share your account credentials with third parties
- Use the Service to compete with us or develop competing products
5.3 Content Standards
Any content you upload or submit must:
- Be accurate and not misleading
- Not infringe on third-party rights
- Not contain malicious or harmful code
- Comply with applicable laws and regulations
6. Intellectual Property
6.1 Our Rights
The Service and its original content, features, and functionality are owned by TUC4Human ERP and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
6.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes, subject to these Terms.
6.3 Your Content
You retain ownership of any content, data, or information you submit to the Service. You grant us a license to use, store, and process this content solely to provide the Service.
6.4 Feedback
Any feedback, suggestions, or improvements you provide regarding the Service may be used by us without compensation or attribution.
7. Data and Privacy
7.1 Data Processing
Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
7.2 Data Security
We implement appropriate technical and organizational measures to protect your data. However, no method of transmission or storage is 100% secure.
7.3 Data Portability
You have the right to export your data from the Service in a commonly used format, subject to any applicable legal restrictions.
7.4 Data Retention
We will retain your data for as long as your account is active or as needed to provide services, comply with legal obligations, or resolve disputes.
8. Service Availability
8.1 Uptime Commitment
We strive to maintain 99.9% uptime for the Service, excluding scheduled maintenance and circumstances beyond our control.
8.2 Maintenance
We may perform scheduled maintenance with advance notice. Emergency maintenance may be performed without notice when necessary for security or service integrity.
8.3 Service Interruptions
We are not liable for service interruptions caused by factors outside our control, including but not limited to internet service provider issues, natural disasters, or third-party service failures.
9. Limitation of Liability
9.1 Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
9.2 Limitation of Damages
To the maximum extent permitted by law, TUC4Human ERP shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
9.3 Maximum Liability
Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.
10. Indemnification
You agree to defend, indemnify, and hold harmless TUC4Human ERP and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you submit or transmit through the Service
11. Termination
11.1 Termination by You
You may terminate your account at any time by contacting our support team or through your account settings.
11.2 Termination by Us
We may terminate or suspend your account immediately if you:
- Breach these Terms
- Fail to pay fees when due
- Engage in fraudulent or illegal activities
- Violate our Acceptable Use Policy
11.3 Effect of Termination
Upon termination:
- Your right to use the Service ceases immediately
- We may delete your account and data after 30 days
- You remain liable for all charges incurred
- Provisions that should survive termination will continue to apply
12. Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
- Posting the updated Terms on our website
- Sending email notification to registered users
- Providing in-app notifications
Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.
13. Governing Law
13.1 Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
13.2 Dispute Resolution
Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
13.3 Class Action Waiver
You agree that any arbitration or legal proceeding shall be limited to the dispute between you and TUC4Human ERP individually. You waive any right to participate in class action lawsuits or class-wide arbitrations.
14. Contact Information
If you have any questions about these Terms, please contact us:
TUC4Human ERP Inc.
Attention: Legal Department
123 Innovation Drive
Tech Valley, CA 94043
United States
Phone
+1 (555) 123-4567