Terms and Conditions

Effective Date: June 1, 2025
Last Updated: June 19, 2025

Acceptance of Terms

Welcome to TechFerment. These Terms and Conditions ("Terms") govern your use of our website, products, and services. By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our services.

Definitions

• "Company," "we," "our," or "us" refers to TechFerment
• "Services" includes our website, software products, applications, and technology services
• "User," "you," or "your" refers to the individual or entity using our Services
• "Content" includes all text, data, information, software, graphics, and other materials
• "Agreement" refers to these Terms and any additional terms for specific services

Description of Services

TechFerment provides:

Products

• Enterprise software platforms and applications
• Cloud-based productivity and collaboration tools
• Mobile solutions and cross-platform applications
• Data analytics and business intelligence tools
• Automation systems and workflow solutions

Services

• Custom software development and consulting
• Digital transformation and system integration
• Technical support, maintenance, and training
• Implementation and deployment assistance

User Accounts and Registration

Account Creation

To access certain Services, you must create an account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

Account Requirements

• You must be at least 18 years old or have legal capacity to enter contracts
• You must provide truthful and accurate information
• Business accounts require authorization from an authorized representative
• You may not create multiple accounts to circumvent restrictions

Acceptable Use Policy

Permitted Uses

You may use our Services for lawful business and personal purposes in accordance with these Terms and applicable laws.

Prohibited Activities

You may not:

• Violate any applicable laws, regulations, or third-party rights
• Use our Services for illegal, harmful, or fraudulent activities
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the operation of our Services
• Transmit viruses, malware, or other harmful code
• Engage in spamming, phishing, or other unsolicited communications
• Reverse engineer, decompile, or attempt to extract source code
• Use our Services to compete with us or develop competing products
• Violate intellectual property rights or misappropriate confidential information

Intellectual Property Rights

Our Intellectual Property

TechFerment retains all rights, title, and interest in our Services, including:

• Software, applications, and platforms
• Trademarks, logos, and branding materials
• Proprietary algorithms, methodologies, and processes
• Documentation, training materials, and content

User Content

You retain ownership of content you submit to our Services. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and display such content as necessary to provide our Services.

Third-Party Content

Our Services may include third-party content or integrate with external services. Such content remains the property of respective owners and is subject to separate license terms.

Payment Terms and Billing

Fees and Charges

• Service fees are as specified in your service agreement or our current pricing
• All fees are non-refundable unless otherwise specified
• We reserve the right to modify pricing with appropriate notice

Payment Methods

• We accept major credit cards, bank transfers, and other approved methods
• You authorize us to charge your designated payment method
• You are responsible for maintaining valid payment information

Billing and Collections

• Fees are billed in advance for subscription services
• Custom development projects may require milestone payments
• Overdue accounts may result in service suspension or termination
• You are responsible for all taxes, duties, and government fees

Service Level and Availability

Service Commitment

We strive to maintain high availability and performance of our Services, though we cannot guarantee uninterrupted access. Scheduled maintenance will be communicated in advance when possible.

Support Services

Support is provided according to your service level agreement. We offer various support tiers including:

• Standard business hours support via email and phone
• Priority support with faster response times
• Dedicated account management for enterprise clients
• Emergency support for critical issues

Data Protection and Privacy

Data Processing

We process your data in accordance with our Privacy Policy and applicable data protection laws. By using our Services, you consent to such processing.

Data Security

We implement industry-standard security measures to protect your data, including encryption, access controls, and monitoring systems.

Data Backup and Recovery

We maintain regular backups of your data, though you remain responsible for maintaining your own backup copies of critical information.

Limitation of Liability

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECHFERMENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, OR DATA.

Maximum Liability

Our total liability for any claims arising from or relating to these Terms or our Services shall not exceed the amount paid by you for the Services in the 12 months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless TechFerment from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your infringement of third-party rights
• Your negligent or wrongful conduct

Dispute Resolution

Governing Law

These Terms are governed by the laws of [Insert Jurisdiction] without regard to conflict of law principles.

Dispute Resolution Process

1. Informal Resolution: We encourage good-faith efforts to resolve disputes informally
2. Mediation: If informal resolution fails, disputes may be submitted to mediation
3. Arbitration: Remaining disputes shall be resolved through binding arbitration
4. Legal Proceedings: Court proceedings are limited to injunctive relief and intellectual property disputes

Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or collective proceedings.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any additional service agreements, constitute the entire agreement between you and TechFerment.

Modifications

We may modify these Terms at any time by posting updated terms on our website. Continued use of our Services constitutes acceptance of modified Terms.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, or government actions.

Notice Requirements

Notices to you may be provided via email, in-app notifications, or postal mail. Notices to us should be sent to [email protected].

Contact Information

For questions about these Terms or our Services, please contact us:

TechFerment Legal Department
Email: [email protected]