TechPals Terms of Service

GENERAL

This constitutes a legally binding contract between Tech Bright Corp. d/b/a TechPals (“Company,” “we,” “us”) and you (“you”, “your”, or “User”), with respect to your use of this website, any future Company mobile application, and any other Company internet or digital properties (collectively, the “Platform”), and all services available from Company or third parties in connection with the foregoing, including all technical support provided by Company (collectively, the “Services”). By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these terms of use, our Privacy Policy, and any applicable additional program terms, including any updates posted here or otherwise communicated to you (collectively, the “Terms”). If you do not agree to the Terms, please do not use the Platform or Services.

We may modify the Terms at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.

If you are accessing and using the Platform or Services, you affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, the Terms. In that situation, “you” and “your” will refer to both you and that entity.

SERVICES

No hardware is provided by the Company. Therefore, the Company cannot provide any warranty or operational guarantee with regard to any User hardware. Company services do not cover parts or labor for any hardware replacement, addition, or removal.

Company is not responsible for any software User has currently, in the future, or has previously installed or used that is unlicensed or not properly licensed. Company requires any unlicensed or improperly licensed software to be fully and properly licensed as part of the Terms. The User is responsible for all costs associated with such licensing. Company is not responsible for any and all consequences if the User chooses to continue to use unlicensed or improperly licensed software.

Company is limited to providing general technical support services to Users. Company is not meant to be utilized as a full-fledged managed IT provider and as such, is limited in the scope of services it will or can provide to Users.

Company services are meant to be utilized by User and not be used by third parties or to be sold as an outsourcing solution to third parties of any kind.

Company may feature or promote third-party products, which may include paid promotions or sponsored content. Any promotion of a third-party product does not imply endorsement, guarantee, or warranty by Company regarding the product’s quality, effectiveness, or compliance with applicable laws. Users agree that Company is not liable for any claims arising from the purchase or use of these third-party products.

PRICING AND PAYMENTS

Company fees and charges for the service you select are provided to you during the ordering process and are available on the Platform unless otherwise provided for in the Terms. You agree to pay the charges applicable to your selected service, as well as any applicable taxes and other charges including but not limited to initial fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to interest, and charges due to insufficient credit or insufficient funds.

Subscription plans for Company services may be offered. The coverage, duration, pricing and other unique aspects of each subscription plan will be listed on the Platform. Unless otherwise stated, subscription plans shall become effective immediately upon activation by Company and shall expire at the end of the applicable plan duration. User reserves the right to cancel any subscription plan prior to its scheduled expiration. Each subscription plan will automatically renew on the day after such scheduled expiration date for a period of the same duration as the most recent plan, unless canceled or terminated by User through the Platform or by Company. Company reserves the right to change the terms of any subscription plan at any time, and any changes will become effective at the start of the next billing cycle or at the end of the current subscription period, without further notice required.

All payments are required to be made by credit card and will be processed by Company using Stripe or another payment processor selected by Company. You authorize the Company (and such other vendors) to charge any on-file credit card or other previously approved methods of payment to pay all charges. You represent and warrant that the credit card information you provide is accurate and that you are authorized to use it to pay the charges. You agree not to initiate a chargeback with your credit card issuer unless and until you have exhausted all attempts to resolve any disputes directly with Company, and you understand that initiating a chargeback does not extinguish your obligation to pay.

WARRANTIES

The Platform and Services are provided on an “as is” basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, the User disclaims all warranties, express, implied, statutory, and otherwise, in connection with the Platform and your use of or transactions with Services, including any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, and course of performance.

LIMITATION ON LIABILITY

In no event will the Company be liable to you or any third party for any cost of cover, lost profits or direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, based on, or resulting from your use of the Platform and your use of, or transactions with, the Services, whether based on warranty, contract, tort, negligence or any other legal theory, whether or not such damages are foreseeable and whether or not Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

In no event will the collective liability of the Company arising out of or in connection with the Terms, the Platform, and your use of the Services exceed the lesser of (a) the amount you have paid to Company for use of the Platform or Services in the preceding 6-month period or (b) $50. Any claims against the Company relating to the Services, the Terms, or any of the matters referenced in the preceding paragraph must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be void.

REMOTE ACCESS

In rendering Services, the Company may access your computer or other device remotely through the internet. You authorize the Company to remotely access and control your computer and other devices for the purpose of rendering such services. Without limiting the foregoing, the Company may remotely connect to your computer or other devices, download and use software on your computer or other devices to gather system data, repair your computer or other devices, take remote control of your computer or otherwise devise and change the settings on your computer or other devices. Other than as set forth in the warranty section below, you agree that the Company has no responsibility or liability under any circumstance at any time for any loss or harm to your computer or other devices, data or otherwise that may arise from or may be related to the foregoing.

DATA BACKUP

You are solely responsible for maintaining and backing up all information, data, text or other materials (“User Data”) and software stored on your computer and storage media before allowing access to your computer or other device by the Company. You acknowledge and agree the Company has no responsibility or liability under any circumstance at any time for any loss or corruption of User Data, software or hardware that may arise out of the tech services. The Company takes no responsibility for any data that could be on any hard drives, memory drives, peripherals or any other device and you release the Company from any and all liability for any loss of data, whether it be by accident or intended.

RELEASE

You agree that you bear all risk and, in consideration of your access to and use of the Platform, you hereby release the Company, its affiliates, and its respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers (collectively, the “Company Parties”) from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform and Services (including any claims under the federal Telephone Consumer Protection Act, Truth In Caller ID Act or Telemarketing Sales Rule and any state equivalents, and any federal or state tort or consumer protection laws). You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under the statutory or non-statutory law of any jurisdiction relating to the release of claims, rights or benefits of which you may be unaware, to the full extent that you may lawfully waive all such claims, rights and benefits.

BINDING ARBITRATION

You agree that any dispute or claim arising out of or relating in any way to the Terms, your access to or use of any aspect of the Platform or any relationship between us, including the validity, applicability or interpretation of the Terms (any of these, a “Dispute”) will be resolved by binding arbitration rather than in court; provided, however, that prior to commencing an arbitration, you agree to attempt in good faith, for a period of at least forty-five (45) days, to resolve all

Disputes directly with the Company. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (for Consumer Disputes) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in New York, New York or the city within the United States in which you reside. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within New York, New York for the purpose of entering judgments on arbitral awards.

CLASS ACTION WAIVER

Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Properties and/or the Services signifies your explicit consent to this waiver.

VENUE

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in New York, New York. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non conveniens or any similar grounds with respect to any such proceeding.

Notwithstanding anything to the contrary, you and the Company may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.

GOVERNING LAW

You agree that the Terms and any Dispute will be governed solely by United States and New York state law, without regard to conflict of law provisions.

ATTORNEYS’ FEES

If any of the Company Parties take legal action against you as a result of your violation of the Terms, the Company Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company Parties.

COMMUNICATIONS CONSENT

By providing us with your email address through any means, including but not limited to signing up as a user, subscribing to our email list, or contacting us at help@techpals.org, you consent to receive communications from Company. These may include newsletters, service updates, promotional offers, and other marketing or informational content. This consent applies to all forms of communication, including email, text messages, and other channels associated with the contact information you provide. You may unsubscribe from marketing communications at any time by following the unsubscribe link in our emails. However, opting out of marketing communications does not affect your eligibility to receive essential account-related or service-related communications.

INDEMNIFICATION

In addition to any indemnification obligations with respect to false or incorrect information described above, you agree to indemnify, defend and hold harmless the Company Parties from and against any claims, disputes, demands, losses, obligations, liabilities, expenses, damages and costs (including attorneys’ fees) due to or arising out of (2) your transactions with the Company, or (3) any violation by you of any of the Terms or other agreement between you and us or applicable laws. The Company reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

CONSTRUCTION

All references to “dollars” or “$” in the Terms or on the Platform refer to United States dollars. Unless otherwise indicated, the words “include,” “includes” and “including,” when used in the Terms, shall be deemed in each case to be followed by the words “without limitation.”

ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with the Company’s prior written consent, but may be assigned by the Company without restriction and without notice to you.

AFFILIATE LINKS DISCLOSURE

As an Amazon Associate, Company may earn from qualifying purchases.

Company may include affiliate links within the Platform or related Services. These links allow Company to earn commissions or referral fees when Users engage in transactions, such as purchases or subscriptions, with third-party websites or services.

The inclusion of an affiliate link does not constitute an endorsement or warranty of the product, service, or company by Company. Company does not guarantee the accuracy, quality, or reliability of any third-party offerings.

Any purchase, subscription, or engagement through an affiliate link is a transaction solely between you and the third-party provider. Company is not responsible for any claims, damages, or disputes arising from such transactions.

Company will disclose affiliate links where they appear. These disclosures may include statements such as, “When you buy through our links, we may earn a commission at no additional cost to you.” Company is committed to complying with Federal Trade Commission (FTC) regulations regarding affiliate marketing. For more information on these guidelines, visit www.ftc.gov.

By continuing to use the Platform, you agree to this Affiliate Links Disclosure and all other provisions of the Terms.

ENTIRE AGREEMENT AND SEVERABILITY

The Terms constitute the entire agreement between you and the Company concerning the Services and supersede all prior or contemporaneous communications of any kind between you and the Company with respect to the Services. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms, and the remainder of these Terms shall remain in full force and effect.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the Platform from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD)

U.S. GOVERNMENT RESTRICTED RIGHTS

The Platform is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Services by the U.S. government constitutes acknowledgement of our proprietary rights in the Services.