TiksiFlow Terms of Service — United States

1. Business Use and Authority

TiksiFlow is intended primarily for business and professional use. If you accept these Terms on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity. Individual users must be at least eighteen (18) years old.

2. Definitions

Service means the TiksiFlow software-as-a-service platform, including its web application, PWA, portals, dashboards, monitors, modules, and related functionality. Customer means the person or entity that creates or purchases an account. User means an individual authorized by Customer. Subscription means the time-limited right to use the Service under the selected commercial terms. Customer Data means information, records, files, documents, contacts, transactions, tasks, orders, incidents, and other data submitted to or generated within the Service by Customer or its Users.

3. Free Trial

APD may provide a functional ten (10) calendar-day free trial beginning on the date the account is created. Unless expressly disclosed otherwise, no payment card is required. A trial is normally available only once per Customer. At the end of the trial, the account may be suspended unless Customer purchases a Subscription.

4. Subscription and Fees

TiksiFlow may be offered through monthly, annual, or other Subscription periods. The applicable price, number of Users, functionality, usage limits, billing frequency, and other commercial terms will be disclosed before purchase. Fees are generally charged in advance. Additional Users or paid capabilities may be prorated or charged in the next billing cycle as disclosed.

Except where expressly stated, prices do not include sales, use, value-added, withholding, or similar taxes. APD will collect taxes when legally required.

5. Automatic Renewal and Recurring Charges

If Customer selects automatic renewal, the Subscription will continue for successive billing periods until canceled. Before authorization, APD will clearly disclose the amount or applicable pricing, billing frequency, automatic renewal terms, and cancellation method, and will obtain Customer’s affirmative authorization before initiating recurring charges.

Where applicable law requires a renewal reminder or other notice, APD will provide the required notice.

6. Cancellation

Customer may cancel automatic renewal at any time through account-management functionality or another electronic mechanism designated by APD. Cancellation stops future renewals and future Subscription charges.

Unless Customer requests immediate account closure, access generally continues through the end of a paid billing period. Subscription payments are non-refundable and are not prorated for unused portions, except where required by applicable law or expressly stated otherwise.

7. Payment Failure, Suspension and Retention

APD may suspend access for overdue payment, fraud, unlawful use, material breach, security threats, activity that may materially harm APD or others, or valid legal requirements. Where reasonably practicable, APD will provide notice.

A suspended account may generally be reactivated within sixty (60) calendar days. After that period, APD may permanently delete the account and Customer Data from active systems. Residual copies may remain temporarily in backups or be retained when reasonably necessary for legal, tax, security, fraud-prevention, accounting, or dispute-resolution obligations.

8. Customer Responsibilities and Acceptable Use

Customer is responsible for account activity, credentials, accurate registration and billing information, disabling former Users, lawful use, and deciding what information Users may enter into TiksiFlow. Customer must not use the Service for malware, unlawful spam, unauthorized access, infringement, disruption, vulnerability probing without authorization, evasion of technical restrictions, or unlawful content.

Customer may not resell, sublicense, rent, commercially redistribute, reverse engineer, decompile, or attempt to derive source code except where expressly authorized or where a restriction is prohibited by applicable law.

9. Customer Data

As between Customer and APD, Customer retains its rights in Customer Data. Customer grants APD a limited, non-exclusive right to host, copy, transmit, process, back up, display, and otherwise use Customer Data only as reasonably necessary to provide, maintain, secure, support, and protect the Service, prevent fraud and abuse, comply with law, and follow Customer’s authorized instructions.

APD may create and use aggregated or de-identified information that does not reasonably identify Customer or an individual for security, analytics, capacity planning, product improvement, and business operations.

10. Personal Data Processed on Customer’s Behalf

Customer may use TiksiFlow to process personal information relating to employees, customers, prospects, suppliers, contacts, contractors, or other individuals. Customer generally determines why and how that information is used and acts as the applicable controller, business, or responsible party. APD processes such information on Customer’s behalf as a processor, service provider, contractor, or equivalent role.

Customer is responsible for required notices, consents, and other lawful bases. Where applicable law requires a separate Data Processing Addendum, the parties may enter into one, and it will control for the subject matter it specifically addresses.

11. Security and Backups

APD maintains administrative, technical, and physical safeguards reasonably designed to protect Customer Data. No Internet-based service can guarantee absolute security or uninterrupted availability. If a security breach requires notification under applicable law, APD will provide legally required notices or reasonably assist Customer with its obligations, depending on the parties’ roles.

APD may maintain technical backups for business continuity and disaster recovery. These do not replace Customer’s responsibility to preserve records or exports required for Customer’s own legal, tax, regulatory, or operational needs.

12. Third-Party Services

APD may use third-party providers for cloud infrastructure, hosting, payment processing, email, communications, security, monitoring, storage, backups, invoicing, tax-related services, and other technology necessary to provide TiksiFlow. Third-party services may be governed by their own terms and privacy policies.

13. Support

An active Subscription includes standard support unless different terms are disclosed. Standard support generally covers ordinary use and Service-error reports. Unless published otherwise, ordinary support is available Monday through Friday, 9:00 a.m. to 5:00 p.m., Chihuahua, Mexico time, excluding applicable holidays.

Implementation, configuration, training, consulting, priority support, custom development, and other professional services may be offered separately. Technical support is not legal, tax, accounting, financial, or business-process advice unless expressly agreed in writing.

14. Intellectual Property and Feedback

APD and its licensors retain all rights, title, and interest in the Software and Service. Subject to compliance and payment, APD grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to use TiksiFlow during the Subscription period for internal business purposes.

If Customer voluntarily provides feedback, Customer grants APD the right to use that feedback without restriction or payment, provided APD does not publicly identify Customer as the source without permission.

15. Confidentiality

Each party will protect the other party’s non-public confidential information using reasonable care, use it only for purposes related to the Service, and disclose it only to personnel, contractors, or providers who reasonably need access and are subject to appropriate confidentiality obligations, or as required by law.

16. Service Availability and Changes

APD will use commercially reasonable efforts to keep TiksiFlow operational. The Service may be temporarily unavailable because of maintenance, upgrades, security events, telecommunications or infrastructure failures, third-party outages, or circumstances outside APD’s reasonable control. APD may modify or replace features as TiksiFlow evolves.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APD does not warrant that the Service will be completely uninterrupted, error-free, or immune from all security threats. APD disclaims warranties not expressly stated, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the extent they may lawfully be disclaimed.

Nothing in these Terms excludes a warranty or right that cannot legally be excluded.

18. Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or lost profits, revenue, business opportunities, or goodwill arising out of or relating to the Service.

To the maximum extent permitted by law, APD’s total aggregate liability arising out of or relating to the Service or these Terms will not exceed the amounts actually paid by Customer to APD for TiksiFlow during the twelve (12) months immediately preceding the event giving rise to the claim. These limitations do not apply to liability that cannot lawfully be limited or excluded.

19. Indemnification

To the extent permitted by applicable law, Customer will defend, indemnify, and hold harmless APD and its officers, employees, and representatives from third-party claims, damages, liabilities, and reasonable costs arising from Customer Data Customer had no lawful right to submit or process, Customer’s unlawful use, a material violation of these Terms, or infringement of a third party’s rights.

20. Force Majeure and Compliance

Neither party will be liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, widespread power or telecommunications failures, governmental actions, war, civil disturbance, labor disruptions, or widespread infrastructure outages. Each party remains responsible for laws applicable to its own activities.

21. Changes to These Terms

APD may update these Terms to reflect changes in law, technology, security, business practices, pricing structures, or the Service. The current version and effective date will be publicly available.

If a change materially affects Customer’s rights or obligations, APD will provide reasonable advance notice and may require express acceptance of the updated Terms as a condition to continue using the Service after the stated effective date. If Customer does not accept the updated Terms, Customer may cancel future renewal and generally continue using the Service through the end of a previously paid period, unless applicable law or the nature of the change requires otherwise.

22. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, United States of America, without regard to conflict-of-law principles, together with applicable United States federal law. Mandatory law that cannot legally be waived continues to apply. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing suit, the parties will attempt in good faith to resolve a dispute by written notice and at least thirty (30) days for informal resolution. Unless mandatory law requires otherwise, the parties consent to exclusive jurisdiction and venue in state or federal courts with jurisdiction in El Paso County, Texas. Either party may seek temporary or injunctive relief to protect confidential information, intellectual property, account security, or Service integrity.

23. Assignment, Entire Agreement, Electronic Communications and Language

Customer may not assign these Terms without APD’s prior written consent except in connection with certain business reorganizations or transfers where the successor agrees to these Terms. APD may assign these Terms as part of a merger, reorganization, acquisition, asset sale, or transfer of the TiksiFlow business.

These Terms, together with applicable order terms, the Privacy Policy, and any executed Data Processing Addendum, constitute the agreement regarding the Service. If a provision is unenforceable, the remainder stays effective. Customer agrees that notices, invoices, renewal communications, and other disclosures may be provided electronically.

Translations may be provided for convenience. For United States Customers, the English-language version controls in the event of inconsistency, except where applicable law requires otherwise.

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