Terms of Service

1. Agreement to Terms

By accessing or using our website, services, applications, or products (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use our Services.

Augment Digital ("we," "our," or "us") reserves the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website or through other communications. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

2. Services Description

Augment Digital provides digital solutions including but not limited to Mobile Work Management, Smart Invoicing, Field Service Optimization, Inventory Management, Business Analytics, and Digital Marketing services designed specifically for trade businesses.

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

3. User Accounts and Responsibilities

3.1 Account Creation

Some of our Services require you to create an account. When you create an account, you must provide accurate, current, and complete information. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to notify us immediately of any unauthorized access to or use of your account. We will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

3.3 User Conduct

You agree not to:

• Use the Services in any way that violates applicable laws or regulations
• Use the Services to infringe the intellectual property rights of others
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any part of the Services
• Use the Services to transmit any malware, viruses, or other harmful code
• Use the Services to send unsolicited communications or spam
• Use the Services to collect or harvest user data without proper consent

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Services and all content, features, and functionality thereof (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Augment Digital, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your internal business purposes. This license does not include the right to:

• Modify or copy the materials
• Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
• Remove any copyright or other proprietary notations from the materials
• Transfer the materials to another person or "mirror" the materials on any other server

4.3 User Content

You retain all rights to any content you submit, post, or display on or through the Services ("User Content"). By providing User Content, 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 the Services.

5. Payment Terms

5.1 Fees and Billing

You agree to pay all fees specified for the Services you select. All payments are non-refundable unless expressly stated otherwise or required by law. We reserve the right to change our prices at any time. If we change our prices, we will provide notice of the change on our website or by email, at our option.

5.2 Subscription Services

Some of our Services are offered on a subscription basis. Unless otherwise specified:

• Subscriptions automatically renew for additional periods equal to the initial subscription term unless canceled before the renewal date
• You may cancel your subscription at any time, but no refunds will be provided for any unused portion of the current billing cycle
• We may offer free trials for subscription Services, which will convert to a paid subscription unless canceled before the trial period ends

5.3 Taxes

All fees are exclusive of taxes, which we may collect from you. You are responsible for paying all taxes associated with your use of the Services.

6. Disclaimers and Limitations of Liability

6.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

AUGMENT DIGITAL DOES NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

6.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUGMENT DIGITAL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUGMENT DIGITAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (A) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY.

IN NO EVENT SHALL AUGMENT DIGITAL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AUGMENT DIGITAL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

7. Indemnification

You agree to defend, indemnify, and hold harmless Augment Digital and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party.

8. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, 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.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Services shall be finally settled by binding arbitration in Minneapolis, Minnesota, using the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND AUGMENT DIGITAL ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

10. Miscellaneous

10.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Augment Digital concerning the Services.

10.2 Waiver

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

10.3 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

10.4 Assignment

You may not assign these Terms without the prior written consent of Augment Digital, but Augment Digital may assign or transfer these Terms, in whole or in part, without restriction.

11. Contact Us

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