“Customer Content” means any data, files, images, documents, drawings, comments, or other materials you or your organization upload to the Services, including within System 1 ERP. You retain ownership of Customer Content. You grant Tradeforce a worldwide, non‑exclusive license to host, process, transmit, display, and create backups of Customer Content as necessary to provide the Services and related support.
You are responsible for obtaining permissions from third parties for content you upload and for ensuring Customer Content complies with applicable laws and contracts.
Tradeforce and its licensors retain all rights, title, and interest in and to the Services, including software, documentation, designs, and trademarks. Except for limited rights expressly granted in these Terms, no rights are transferred to you.
We both may exchange confidential information. Each party will protect the other’s confidential information using reasonable measures and will use it only to fulfill these Terms and provide the Services. This section does not limit our privacy practices, which are described in our Privacy Policy.
Our use of personal information is described in the Privacy Policy. Depending on your location, you may have rights to opt out of certain processing. See also our Do Not Sell or Share My Personal Information page.
We use administrative, technical, and physical safeguards designed to protect the Services and Customer Content. You are responsible for securing your accounts and promptly notifying us of suspected unauthorized access.
We may make beta or pre-release features available. Such features are provided “as is,” may not be supported, and may be subject to additional terms.
Some Services may be offered for a fee under a separate order, subscription, or master agreement. Unless otherwise stated, fees are non‑refundable. Taxes may apply.
EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TRADEFORCE NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR $100 IF NO SUCH AMOUNTS WERE PAID.
You will defend and indemnify Tradeforce against claims arising from your misuse of the Services or violation of these Terms, including claims alleging that Customer Content infringes third‑party rights.
We may suspend or terminate access to the Services if you violate these Terms, if there are security risks, or if required by law. You may stop using the Services at any time. Upon termination, your right to access the Services ends, but certain sections will survive, including ownership, confidentiality, indemnification, limitations of liability, and dispute resolution.
These Terms are governed by the laws of the State of Wyoming and applicable U.S. federal law, without regard to conflicts of laws rules. Any disputes will be resolved in the state or federal courts located in Wyoming, and the parties consent to personal jurisdiction there.
We may update the Services and these Terms from time to time. If changes are material, we will provide notice where required. Your continued use after changes become effective constitutes acceptance.
Questions about these Terms may be sent to legal@buildwithtfs.com.
If you have a separate written agreement with Tradeforce (e.g., master subscription agreement or order form) that conflicts with these Terms, the written agreement will control for the applicable Services.
