Terms of Service

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS"), WHICH ALONG WITH ANY APPLICABLE ORDER FORM AND ALL SUPPLEMENTAL TERMS THAT MAY BE PRESENTED TO YOU FOR YOUR REVIEW AND ACCEPTANCE (COLLECTIVELY, THE "AGREEMENT") CONSTITUTE THE AGREEMENT BETWEEN THE SERVICE PROVIDER ("YOU" OR "CUSTOMER"), AND TIDEFUSION TECHNOLOGIES, INC. AND ITS SUBSIDIARIES ("TIDEFUSION"). THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SERVICES BETWEEN THE PARTIES AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.

BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY ACCESSING OR USING, OR SUBSCRIBING TO USE THE SERVICES, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY AND TO COMPLY WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (PERSONALLY AND ON BEHALF OF ANY COMPANY OR OTHER LEGAL ENTITY THAT YOU REPRESENT WHEN USING THE SERVICES OR THAT YOU NAME AS THE USER WHEN YOU CREATE AN ACCOUNT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT AND TO BIND ANY COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT TO THIS AGREEMENT. THE TERMS OF ALL ORDER FORMS ENTERED INTO HEREUNDER SHALL BE INCORPORATED HEREIN BY THIS REFERENCE. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICES.

TideFusion may change these Terms from time to time at its sole discretion. Any material changes to these Terms will be effective upon the next renewal date of the Agreement pursuant to the applicable Order Form. If you disagree with any changes to the Agreement, you must terminate your use of the Services prior to the next renewal of the Agreement.

1. DEFINITIONS

Capitalized terms will have the meanings set forth in this section, or in the section where they are first used.

1.1 "Access Protocols" means the passwords, access codes, technical specifications, connectivity standards or protocols, or other relevant procedures, as may be necessary to allow Customer or any Authorized Users to access the TideFusion Solution.

1.2 "Authorized User" means each of Customer's employees, agents, partners and independent contractors who are authorized to access the TideFusion Solution.

1.3 "Customer Data" means all data, information, and materials provided by Customer or Authorized Users to TideFusion in connection with the Services.

1.4 "Services" means the lead generation and marketing automation services provided by TideFusion as described in the applicable Order Form.

2. SERVICES

Subject to the terms and conditions of this Agreement, TideFusion will provide the Services to Customer during the Term. Customer acknowledges that the Services are provided on a subscription basis and that Customer's right to use the Services is limited to the Term.

3. PAYMENT TERMS

Customer agrees to pay TideFusion the fees specified in the applicable Order Form. All fees are non-refundable except as expressly set forth in this Agreement. Payment is due within thirty (30) days of the invoice date unless otherwise specified in the Order Form.

4. CUSTOMER RESPONSIBILITIES

Customer is responsible for: (a) compliance with all applicable laws and regulations in connection with Customer's use of the Services; (b) the accuracy and completeness of Customer Data; and (c) maintaining the confidentiality of Access Protocols.

5. INTELLECTUAL PROPERTY

TideFusion retains all right, title, and interest in and to the Services and any related intellectual property. Customer retains all right, title, and interest in and to Customer Data.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL TIDEFUSION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM CUSTOMER'S USE OF THE SERVICES.

7. TERMINATION

Either party may terminate this Agreement upon written notice if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days after written notice.

8. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

9. CONTACT INFORMATION

For questions about these Terms, please contact us at:

TideFusion Technologies, Inc.
7710 E County Road 60
Midland, TX 79705-2267
Email: [email protected]
Phone: +1 9567615044