This End-User License Agreement (“Agreement”) is a binding legal agreement between you (“you,” “Customer,” or “User”) and Tendtech Group (“Tendtech,” “we,” “us,” or “our”) governing your access to and use of the TendTech Connect software-as-a-service platform (the “Service”). By accessing, subscribing to, or using the Service, you agree to be bound by this Agreement. If you do not agree, do not access or use the Service.
Subject to your compliance with this Agreement and payment of all applicable fees, Tendtech grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during your subscription term. This is a license to use the Service, not a sale; Tendtech retains all right, title, and interest in and to the Service.
You must be at least 18 years old and authorized to enter into this Agreement on behalf of your business. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must operate in compliance with all laws applicable to your business, including those governing the retail sale of regulated products.
You agree not to: (a) reverse engineer, decompile, or attempt to derive the source code of the Service; (b) resell, lease, or otherwise make the Service available to third parties except as expressly permitted; (c) use the Service to violate any law or third-party right; (d) interfere with or disrupt the integrity or performance of the Service; or (e) attempt to gain unauthorized access to the Service or its related systems.
The Service connects to and exchanges data with third-party platforms and services (including, without limitation, your point-of-sale system and any destination systems you choose to connect). Tendtech does not own or control these third-party services and is not responsible for their availability, accuracy, performance, security, data handling, or any changes to their interfaces or terms. Your use of any third-party service is governed by that third party’s own terms and policies. Tendtech is not liable for any loss, error, delay, or damage arising from a third-party service or from the unavailability or failure of any integration.
You retain ownership of the data you submit to or transmit through the Service (“Customer Data”). You grant Tendtech a license to process Customer Data solely as necessary to provide the Service. You are solely responsible for the accuracy, quality, and legality of Customer Data and for your right to transmit it through the Service. You are responsible for maintaining independent backups of your data; Tendtech is not a system of record.
Use of the Service requires payment of the subscription fees applicable to your selected plan. Fees are billed per location on a recurring basis and are non-refundable except as required by law. Tendtech may change its fees upon reasonable notice. Failure to pay may result in suspension or termination of the Service.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, TENDTECH DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TENDTECH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DATA WILL SYNC ACCURATELY OR WITHOUT DELAY. YOU USE THE SERVICE AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, TENDTECH SHALL NOT 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 RELATING TO THIS AGREEMENT OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TENDTECH’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO TENDTECH FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.
You agree to indemnify, defend, and hold harmless Tendtech and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) your Customer Data; (c) your violation of this Agreement or any law; or (d) your violation of any third-party right, including any third-party service’s terms.
This Agreement remains in effect for the duration of your subscription. Either party may terminate in accordance with the applicable subscription terms. Tendtech may suspend or terminate your access immediately if you breach this Agreement. Upon termination, your license to use the Service ends. Sections relating to data, disclaimers, limitation of liability, indemnification, and governing law survive termination.
This Agreement is governed by the laws of the State of Minnesota, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Minnesota, and you consent to the jurisdiction of such courts.
Tendtech may update this Agreement from time to time. Material changes will be communicated by reasonable means. Your continued use of the Service after changes take effect constitutes acceptance of the revised Agreement.
Questions about this Agreement may be directed to Tendtech Group through the contact options available at tendtech.group/contact.