Service Agreement

Effective Date: September 2, 2020

This Service Agreement (“Agreement”) is between you (“Customer”) and 360 Technologies USA, LLC (“360 TECH”), a Florida corporation. By signing the purchase order or completing a purchase on the 360 TECH website, you agree to these terms.

1. Definitions

• 360 TECH: A company providing software solutions for small and medium-sized businesses.
• Customer Data: All electronic data submitted by the Customer to the Service.
• Order(s): Customer purchases via 360 TECH’s ordering documents or website.
• Service(s): Software as a Service (SaaS) including “Live 360” CRM and “Flash Team 360” project management software.
• Third-Party Products: Products or services not developed by 360 TECH.
• User: Customer’s employee or contractor authorized to use the Service.

2. Acceptance of Terms

By using 360 TECH services, you agree to be legally bound by this Agreement, the Privacy Policy, and applicable laws. If you disagree with any term, discontinue your registration or cancel your account.

3. Service and Support

• 3.1 Provision of Service: 360 TECH provides access to the Service for the number of Users specified in the Order.
• 3.2 Use of Service: The Service is intended for internal business purposes only.
• 3.3 Support: Technical support is available from 9:00 AM to 6:00 PM EST via phone or email.

4. Responsibilities and Restrictions

• 4.1 360 TECH’s Responsibilities: 360 TECH ensures Service availability with 99% Uptime, excluding maintenance or force majeure events.
• 4.2 Customer’s Responsibilities: The Customer is responsible for ensuring Users comply with this Agreement, protecting data, and preventing unauthorized access.
• 4.3 Restrictions: Users cannot share credentials, interfere with the Service, or reverse-engineer the software.

5. Fees and Payment

• 5.1 Fees: All fees are quoted in U.S. dollars and are non-refundable. Payment is required before accessing the Service.
• 5.2 Taxes: Customer is responsible for all taxes unless a valid exemption certificate is provided.
• 5.3 Invoicing: Fees are due upon receipt of the invoice. Payment is required for continued access to the Service.
• 5.4 Disputed Payments: Customers must dispute any invoice within ten business days or waive the right to contest.

6. Confidentiality

• 6.1 Definition: Confidential Information includes Customer Data and any proprietary information.
• 6.2 Protection: 360 TECH will protect Customer Data with reasonable safeguards and will not disclose it except as required for Service delivery.

7. Proprietary Rights

• 7.1 Ownership: The Customer owns their data, but grants 360 TECH rights to use it for Service improvement.
• 7.2 Blind Data: 360 TECH can aggregate anonymized data for analysis and commercial use.
• 7.3 Feedback: Any feedback provided by the Customer may be used by 360 TECH without obligation.
• 7.4 Use of Logo: Both parties grant limited rights to use each other’s logos for marketing purposes.

8. Suspension and Termination

• 8.1 Suspension: 360 TECH may suspend accounts for illegal activity, inactivity, or law enforcement requests.
• 8.2 Termination: Accounts may be terminated if this Agreement is violated or at the Customer’s request, with prorated refunds available for certain cases.

9. Warranties and Disclaimers

• 9.1 Mutual Warranties: Both parties will comply with applicable laws and will not transmit malicious code.
• 9.2 Disclaimer: The Service is provided “as is” without warranties of uninterrupted availability or fitness for a particular purpose.

10. Limitation of Liability

• 10.1 Limitation: 360 TECH’s total liability will not exceed the amount paid by the Customer in the 12 months prior to the incident.
• 10.2 Exclusion of Damages: Neither party is liable for indirect or consequential damages, including lost profits.

11. Call Conditions and Call Recording

• 11.1 Calls: Calls made through the Service may be recorded, and it is the Customer’s responsibility to notify participants.
• 11.2 Storage: Recordings are stored for ten years, and Customers must download recordings before account cancellation.

12. Security

The Service includes encryption, least-privilege access, and other measures to protect Customer Data. See the Security section on the website for more details.

13. General Terms

• 13.1 Governing Law: This Agreement is governed by the laws of Florida.
• 13.2 Notices: All notices must be in writing and sent by traceable courier, mail, or email.
• 13.3 Force Majeure: Neither party is liable for delays caused by events beyond their control.
• 13.4 Assignment: Neither party can assign this Agreement without written consent, except in cases of merger or acquisition.
• 13.5 Entire Agreement: This Agreement supersedes all prior agreements and may only be modified in writing