Last modified: 11-08-2022
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.
BY USING THE SERVICE OR CLICKING “AGREE” CUSTOMER IS AGREEING TO BE BOUND BY THIS
AGREEMENT. IF CUSTOMER IS AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF ITS
EMPLOYER, THEN CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS THE NECESSARY AUTHORITY TO AGREE TO
THIS AGREEMENT ON ITS EMPLOYER’S BEHALF.
This agreement is between Tithex LLC, and the
customer agreeing to these terms (Customer).
- SOFTWARE-AS-A-SERVICE: This agreement provides Customer access to and usage of
an Internet based software service as specified on an order and as further outlined at:
- USE OF SERVICE:
- Customer Owned Data: All data and logos uploaded by Customer remains
the property of Customer, as between Tithex and Customer (Customer Data).
Customer grants Tithex the right to use, publicly display and distribute the
Customer Data for purposes of performing under this agreement. See the Tithex
FAQs ** Click Here for FAQ ** regarding export of Customer Data.
- Contractor Access and Usage: Customer may allow its contractors to
access the Service in compliance with the terms of this agreement, which access must
be for the sole benefit of Customer. Customer is responsible for the compliance with
this agreement by its contractors.
- Customer Responsibilities: Customer (i) must keep its passwords secure
and confidential; (ii) is solely responsible for Customer Data and all activity in
its account in the Service; (iii) must use commercially reasonable efforts to
prevent unauthorized access to its account, and notify Tithex promptly of any
such unauthorized access; and (iv) may use the Service only in accordance with the
Service’s Knowledge Base and applicable law.
- Technical Support: Tithex must provide customer support for the
Service under the terms of Tithex Customer Support Policy (Support) which is
located at Tithex.com/support, and is incorporated into this agreement for all
- Publicity: Each Customer is permitted to state publicly that such
Customer is a Customer of the service. Each Customer agrees that Tithex may
include such Customer’s name and trademarks in a list of Tithex customers, online
or in promotional materials. Each Customer also agrees that Tithex may verbally
reference such Customer as a Customer of the service. Each Customer may opt out of
the provisions in this section by contacting Tithex Support.
- DISCLAIMER. Tithex DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. WHILE Tithex TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, Tithex DOES NOT GUARANTEE THAT THE SERVICE CANNOT BE COMPROMISED. CUSTOMER UNDERSTANDS THAT THE SERVICE MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.
- SUBSCRIPTION FEES AND CHARGES:
Subscription fees and any other charges for the use of the Application are described on the home page of the Site. All subscriptions for site use are billed monthly after trial period is over. Subscription fees may change from time to time. If subscription fees change, we will give you at least 30 days’ notice. If they do change, your continued use of the Application after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. Fees for payment transactions are subject to change without notice, unless otherwise prohibited, at the discretion of our payment platform partners. Current pricing can be found on home page in pricing section.
- Payment Methods And Gateway: The Customer shall carry out payment of the
total amount set out in the Subscription Plan using one of the following payment
methods: Credit Card (Visa, MasterCard, Diner's Club, Disover, American Express) or
PayPal. All Credit Card payments are being processed by TRX Merchant Services
- CANCELLATION OF SERVICE:
You can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). If you have any questions about the Terms, please email us at support@Tithex.com.
- MUTUAL CONFIDENTIALITY
- Definition of Confidential Information: Confidential Information means
all non-public information disclosed by a party (Discloser) to the other party
(Recipient), whether orally or in writing, that is designated as confidential or
that reasonably should be understood to be confidential given the nature of the
information and the circumstances of disclosure (Confidential Information).
Tithex’s Confidential Information includes without limitation the Service
(including without limitation the Service user interface design and layout, and
- Protection of Confidential Information: The Recipient must use the same
degree of care that it uses to protect the confidentiality of its own confidential
information (but in no event less than reasonable care) not to disclose or use any
Confidential Information of the Discloser for any purpose outside the scope of this
agreement. The Recipient must make commercially reasonable efforts to limit access
to Confidential Information of Discloser to those of its employees and contractors
who need such access for purposes consistent with this agreement and who have signed
confidentiality agreements with Recipient no less restrictive than the
confidentiality terms of this agreement.
- Exclusions: Confidential Information excludes information that: (i) is
or becomes generally known to the public without breach of any obligation owed to
Discloser, (ii) was known to the Recipient prior to its disclosure by the Discloser
without breach of any obligation owed to the Discloser, (iii) is received from a
third party without breach of any obligation owed to Discloser, or (iv) was
independently developed by the Recipient without use or access to the Confidential
Information. The Recipient may disclose Confidential Information to the extent
required by law or court order, but will provide Discloser with advance notice to
seek a protective order.
- PROPRIETARY PROPERTY:
- Reservation of Rights: The software, workflow processes, user
interface, designs, know-how, and other technologies provided by Tithex as part
of the Service are the proprietary property of Tithex and its licensors, and all
right, title and interest in and to such items, including all associated
intellectual property rights, remain only with Tithex. Customer may not remove or
modify any proprietary marking or restrictive legends in the Service. Tithex
reserves all rights unless expressly granted in this agreement.
- Restrictions: Customer may not (i) sell, resell, rent or lease the
Service or use it in a service provider capacity; (ii) use the Service to store or
transmit infringing, unsolicited marketing emails, libelous, or otherwise
objectionable, unlawful or tortious material, or to store or transmit material in
violation of third-party rights; (iii) interfere with or disrupt the integrity or
performance of the Service; (iv) attempt to gain unauthorized access to the Service
or their related systems or networks; (v) reverse engineer the Service; or (vi)
access the Service to build a competitive service or product, or copy any feature,
function or graphic for competitive purposes.
- Aggregate Data: During and after the term of this agreement, Tithex
may use non-personally identifiable Customer Data within the Service for purposes of
enhancing the Service, aggregated statistical analysis, technical support and other
- TERM AND TERMINATION:
- Term: This agreement continues until all orders have terminated.
- Mutual Termination for Material Breach: If either party is in material
breach of this agreement, the other party may terminate this agreement at the end of
a written 30-day notice/cure period, if the breach has not been cured.
- Suspension for Non-Payment: Tithex may temporarily suspend or
terminate, or both, the Service if Customer’s payment on any invoice is more than 15
days past due. Contact Billing Support for more details at support@Tithex.com
- Maintenance of Customer Data:
- Within 90-days after termination, Customer Data will be available as
specified in the Tithex FAQs (Tithex.com/faq).
- After such 90-day period, Tithex has no obligation to maintain the
Customer Data and may destroy it.
- Suspension for Violations of Law: Tithex may temporarily suspend the
Service or remove the applicable Customer Data, or both, if it in good faith
believes that, as part of using the Service, Customer has violated a law. Tithex
will attempt to contact Customer in advance.
- LIABILITY LIMIT:
- EXCLUSION OF INDIRECT DAMAGES: Tithex is not liable for any indirect, special, incidental or consequential damages arising out of or related to this agreement (including, without limitation, costs of delay; loss of data, records or information; and lost profits), even if it knows of the possibility of such damage or loss.
- TOTAL LIMIT ON LIABILITY: Tithex’s total liability arising out of or related to this agreement (whether in contract, tort or otherwise) does not exceed the amount paid by Customer within the 6-month period prior to the event that gave rise to the liability.
- INDEMNITY: If any third-party brings a claim against Tithex, or requires
Tithex to respond to a legal process, related to Customer’s acts, omissions, data or
information within the Software, Customer must defend, indemnify and hold Tithex harmless
from and against all damages, losses, and expenses of any kind (including reasonable legal
fees and costs) related to such claim or request.
- GOVERNING LAW AND FORUM: This agreement is governed by the laws of the State of
Florida (without regard to conflicts of law principles) for any dispute between the parties or
relating in any way to the subject matter of this agreement. Any suit or legal proceeding
must be exclusively brought in the federal or state courts for Hillsborough County, Florida, and
Customer submits to this personal jurisdiction and venue. Nothing in this agreement prevents
either party from seeking injunctive relief in a court of competent jurisdiction. The
prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from
the other party.
- OTHER TERMS:
- Entire Agreement and Changes: This agreement and the order constitute
the entire agreement between the parties and supersede any prior or contemporaneous
negotiations or agreements, whether oral or written, related to this subject matter.
Customer is not relying on any representation concerning this subject matter, oral
or written, not included in this agreement. No representation, promise or inducement
not included in this agreement is binding. No modification of this agreement is
effective unless both parties sign it, and no waiver is effective unless the party
waiving the right signs a waiver in writing.
- No Assignment: Neither party may assign or transfer this agreement or
an order to a third party, except that this agreement with all orders may be
assigned, without the consent of the other party, as part of a merger, or sale of
substantially all the assets, of a party.
- Independent Contractors: The parties are independent contractors with
respect to each other.
- Enforceability and Force Majeure: If any term of this agreement is
invalid or unenforceable, the other terms remain in effect. Except for the payment
of monies, neither party is liable for events beyond its reasonable control,
including, without limitation force majeure events.
- Money Damages Insufficient: Any breach by a party of this agreement or
violation of the other party’s intellectual property rights could cause irreparable
injury or harm to the other party. The other party may seek a court order to stop
any breach or avoid any future breach.
- No Additional Terms: Tithex rejects additional or conflicting terms
of any Customer form-purchasing document.
- Order of Precedence: If there is an inconsistency between this
agreement and an order, the order prevails.
- Survival of Terms: Any terms that by their nature survive termination
of this agreement for a party to assert its rights and receive the protections of
this agreement, will survive. The UN Convention on Contracts for the International
Sale of Goods does not apply.
- Feedback: By submitting ideas, suggestions or feedback to Tithex
regarding the Service, Customer agrees that such items submitted do not contain
confidential or proprietary information; and Customer hereby grants Tithex an
irrevocable, unlimited, royalty-free and fully-paid perpetual license to use such
items for any business purpose.
Merchant Services Click HERE. for our Merchant service Terms and Conditions. Tithex uses TRX merchant services to enable our customers to take and process credit and debit cards. All merchant services terms are outlined HERE.
- UPDATES: We reserve the right to modify this privacy statement at any time, so
please review it frequently. If we make material changes to this policy, we will notify you
here and by email.
- CONTACT: Feel like getting in touch? Contact Tithex
customer support or email us directly at support@Tithex.com.