Please read these Terms carefully. By using any Website, Application or Service provided by TyTEK Solutions, LLC or signing in to your account provided by TyTEK Solutions, LLC, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. TyTEK Solutions, LLC is a software provider that makes it services available online. Any software provided by TyTEK Solutions, LLC will be referred to in this agreement as “Service”, “Website”, or “Application”). Each Service provided is owned and operated by TyTEK Solutions, LLC, a Kansas limited liability corporation (“TyTEK,” “we,” or “us”). TyTEK has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “User” according to this agreement (or “you”). Services provided may use 3rd party software to provide additional functionality.
These Terms of Use (“Terms,” including our Privacy Policy) define the terms and conditions under which you’re allowed to use any and all Services provided by TyTEK Solutions, LLC, and how we’ll treat your account while you’re a User. If you have any questions about our terms, feel free to contact us.
ACCOUNT
In order to use any TyTEK Service, you must:
By using any TyTEK Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use any TyTEK Service in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) TyTEK may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you first use any TyTEK Service and continues as long as you use the Service. If you sign into any TyTEK Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
You or TyTEK may terminate this Agreement at any time and for any reason. We may suspend our Service to you at any time, with or without cause. Once terminated, we may permanently delete your account and all the data associated with it. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
TyTEK reserves the right to update and change the Terms by posting updates and changes to the TyTEK website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. We may change the Website, the Service, or any features of any Service at any time.
Some TyTEK Services may require a username or password for Authentication. Some services may use a 3rd party for Authentication. You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords.
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
RIGHTS
You will respect our proprietary rights in the Service and the software used to provide a Service (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets if give written consent by TyTEK.
You represent and warrant that you either own or have permission to use any and all of the material you provide to the Service. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.
We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.
We may view, copy, and internally distribute content from your account for the sole purpose of creating algorithms and programs (“Tools”) that help us improve our Service. This includes defect resolution, feature enhancement, and statistical analysis.
RULES AND ABUSE
If you violate any of these rules, then we may suspend or terminate your account.
You represent and warrant that your use of any TyTEK Service will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations or other laws. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
LIABILITY
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Service, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use our Services for a variety of reasons, we can’t guarantee that it will meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
FINE PRINT
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
The State of Kansas’ laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Shawnee County, Kansas, and each party will be subject to the jurisdiction of those courts.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
Because we have so many Users, we can’t change these Terms for any one User or group.
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
These Terms, our Privacy Policy, Rules of Abuse Policy, (all of which are incorporated into these Terms by reference), and any additional terms you’ve agreed to by turning on specific features (“Additional Terms”) make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.