Introduction

Welcome to Tech Solutions. These Terms of Service ("Terms") govern your access to and use of Tech Solutions' website, products, and services (collectively, "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.

These Terms constitute a legally binding agreement between you and Tech Solutions. Please read them carefully before using our Services.

Definitions

Throughout these Terms, the following definitions apply:

• "Tech Solutions," "we," "us," or "our" refers to Tech Solutions and its subsidiaries, affiliates, officers, directors, employees, and agents.
• "You" or "your" refers to the individual or entity accessing or using our Services.
• "Services" refers to all services, products, content, features, technologies, or functions offered by Tech Solutions, including our website.
• "Content" refers to text, graphics, images, music, software, audio, video, information, or other materials.
• "User Content" refers to Content that users provide to, upload, or post on our Services.

Eligibility

To use our Services, you must be at least 18 years old or have reached the age of majority in your jurisdiction, whichever is greater. If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

Account Registration

Some of our Services may require you to create an account. When you register for an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized access to or use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information you provide is inaccurate, false, or incomplete, or if you violate these Terms or applicable laws.

Our Services

Description of Services

Tech Solutions provides various IT services, including but not limited to custom software development, cloud solutions, cybersecurity, and digital transformation consulting. The specific features and functionalities of our Services may change from time to time.

Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

Payment Terms

For paid Services, the following terms apply:

• Fees are specified on our website or in a separate agreement with you
• All fees are non-refundable unless otherwise stated or required by law
• We may change our fees at any time, with notice provided before changes take effect
• You agree to provide current, complete, and accurate billing information
• You authorize us to charge your payment method for all fees incurred
• Late payments may accrue interest at the rate of 1.5% per month or the maximum rate permitted by law

For subscription services, your subscription will automatically renew for successive periods unless you cancel before the renewal date.

Service Level Agreements

For enterprise clients, we may offer Service Level Agreements (SLAs) that define the expected level of service, including availability, performance metrics, and support response times. Any applicable SLA will be provided in a separate agreement and shall be incorporated by reference into these Terms.

User Conduct

When using our Services, you agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use our Services for illegal, fraudulent, or unauthorized purposes
• Attempt to gain unauthorized access to any part of our Services
• Interfere with or disrupt the integrity or performance of our Services
• Circumvent or disable any security or other technological features of our Services
• Use any robot, spider, crawler, scraper, or other automated means to access our Services
• Introduce viruses, malware, or other harmful code to our Services
• Collect or harvest information about other users without their consent
• Engage in any activity that could damage, disable, overburden, or impair our Services

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision.

Intellectual Property

Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof, are owned by Tech Solutions, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

License to Use Our Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business purposes.

User Content

By submitting, posting, or displaying User Content on or through our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with providing and promoting our Services.

You represent and warrant that you have all rights necessary to grant the licenses contained in this section, and that your User Content does not violate any law or infringe the rights of any third party.

Confidentiality

During the course of our relationship, either party may disclose Confidential Information to the other. "Confidential Information" means any information disclosed by one party to the other that is marked as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.

Each party agrees to:

• Maintain the confidentiality of the other party's Confidential Information
• Use such Confidential Information only for the purpose of fulfilling obligations under these Terms
• Take reasonable precautions to protect Confidential Information from unauthorized disclosure

This obligation of confidentiality shall survive the termination of these Terms for a period of three (3) years.

Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, TECH SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS
• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE
• ANY ERRORS IN THE SERVICES WILL BE CORRECTED

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TECH SOLUTIONS 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:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
• ANY CONTENT OBTAINED FROM THE SERVICES
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO TECH SOLUTIONS FOR THE APPLICABLE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Indemnification

You agree to defend, indemnify, and hold harmless Tech Solutions, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your User Content
• Your use of the Services
• Your violation of any third-party rights

Term and Termination

These Terms will remain in full force and effect while you use our Services. We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in San Francisco, California, and you hereby consent to personal jurisdiction and venue therein.

Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, invalidity, breach, or termination thereof, shall be resolved through the following process:

1. Informal Resolution: The parties shall first attempt to resolve any dispute informally through good-faith negotiations.
2. Mediation: If the dispute cannot be resolved through negotiation within 30 days, either party may initiate mediation by providing written notice to the other party. The mediation shall be conducted in San Francisco, California.
3. Arbitration: If the dispute is not resolved through mediation within 60 days, the dispute shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

The prevailing party in any legal action shall be entitled to recover its reasonable attorneys' fees and costs.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provision shall be replaced with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions or policies published by Tech Solutions on our website, shall constitute the entire agreement between you and Tech Solutions concerning the Services.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Contact Information

If you have any questions about these Terms, please contact us at:

Tech Solutions
1234 Tech Park Avenue, Suite 500
San Francisco, CA 94107
Email: legal@techsolutions.com
Phone: +1 (415) 555-2671