LetsApp

TERMS OF SERVICE AGREEMENT

This Terms of Service Agreement ("Agreement") is entered into between LetsApp ^® ("Company"), a company incorporated under the laws of the State of Tennessee, and the user ("User") who intends to use the QuoteLogic ^® quoting software service provided by the Company. By accessing or using the Company's services, User acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement. If User does not agree to these terms, User may not use the services offered by the Company.

1. Definitions
   • "Services" refers to QuoteLogic ^® (Configure, Price, Quote) CPQ software offered by LetsApp ^® through QuoteLogic ^® web application being delivered via software as a service (SaaS).
   • "User Content" refers to any data, including enterprise pricing data, configurations, quotations, or other information uploaded, inputted, or processed by the User through the Services.
2. Service Tiers and Limitations
   • Free Tier: The free version of the Services is provided for evaluation and familiarization purposes only. The free version operates client-side with local data storage on the User's device. Company makes no warranties, express or implied, regarding the data integrity, accuracy, security, or reliability of locally-stored data files. User acknowledges and agrees that local data files (including but not limited to .json files) may be accessed, modified, corrupted, or deleted outside the application by User or third parties, and Company bears no liability whatsoever for any issues, damages, losses, or inaccuracies arising from data manipulation, corruption, loss, or unauthorized access to client-side stored data. User assumes all risks associated with the use of the free version and local data storage.
   • Subscription Tiers: Subscription versions includes cloud storage capabilities, enhanced features, administrative functionality, workflow management, integration capabilities, and other premium features as described on the Company's website. Subscription services are subject to applicable subscription fees and may require separate service agreements based on the specific feature set and support level selected.
   • Limitations: Features, capabilities, and protections vary by service tier. Users are responsible for selecting the appropriate service tier for their business needs. Company reserves the right to modify features, capabilities, or availability of any service tier with reasonable notice to Users.
3. Use of Services
   • Lawful Use: User agrees to use the Services solely for lawful purposes and in compliance with all applicable laws and regulations.
   • Prohibited Content: User agrees not to upload, input, or transmit any User Content that is illegal, infringing, libelous, defamatory, obscene, or otherwise offensive.
   • Intellectual Property: User agrees not to use the Services in a manner that would violate any third-party intellectual property rights.
   • No Endorsement: User acknowledges and agrees that the Company has no control over User Content and does not endorse, support, or guarantee the accuracy, completeness, or reliability of any User Content.
4. User Data Ownership
   • Ownership: User retains all ownership rights to any data, configurations, and quotations ("User Content") uploaded or processed using the Services.
   • No Claim of Ownership: The Company does not claim any rights to User Content and will not use, modify, or disclose User Content except as necessary to provide the Services or as required by law.
   • Responsibility: User is solely responsible for ensuring that User Content does not infringe any third-party intellectual property rights or violate any applicable laws or regulations.
5. Fees and Payment
   • Subscription Fees: The Company reserves the right to charge fees for the use of its Services. User agrees to pay all fees and charges incurred in connection with the use of the Services in a timely manner.
   • Fee Modifications: The Company reserves the right to modify its fees and payment policies at any time with prior notice to the User.
   • Billing: All fees are billed in advance and are non-refundable.
6. Disclaimer of Warranties
   • Service Provided "As Is": The Services are provided "as is" and "as available," without warranty of any kind, either express or implied.
   • No Guarantee: The Company does not warrant that the Services will meet User's requirements, be error-free, uninterrupted, or secure.
   • Disclaimers: The Company disclaims all warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
7. Limitation of Liability
   • Exclusion of Damages: The Company shall not be liable for any damages arising from the use or inability to use the Services, including but not limited to, direct, indirect, incidental, special, or consequential damages.
   • Limitation of Liability: The Company's liability for any claim arising out of or relating to this Agreement shall not exceed the amount paid by the User to the Company for the Services in the twelve (12) months preceding the claim. For users of the free version, the Company's total aggregate liability shall not exceed $100 (one hundred U.S. dollars) under any circumstances.
   • Unauthorized Access: The Company shall not be liable for any damages arising from unauthorized access to or use of User Content.
   • Client-Side Data Storage: The Company shall not be liable for any damages, losses, costs, or expenses arising from data corruption, manipulation, inaccuracies, loss, or unauthorized access related to client-side data storage, including but not limited to locally-stored files on User's device. User acknowledges that client-side data storage is inherently less secure than cloud-based storage and assumes all associated risks.
8. Indemnification
   • Indemnity: User agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or related to User's use of the Services, User Content, or User's breach of this Agreement.
9. Termination
   • Termination Rights: The Company may terminate this Agreement and User's access to the Services at any time, with or without cause, by providing notice to the User.
   • Effect of Termination: Upon termination, User's access to the Services will be immediately terminated, and all User Content may be deleted.
   • Survival: The provisions of Sections 4, 6, 7, 8, and 9 of this Agreement shall survive any termination.
10. Governing Law and Jurisdiction
    • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Rutherford County, Tennessee, without giving effect to any choice of law or conflict of law provisions.
    • Dispute Resolution: Any dispute arising out of or relating to this Agreement shall be resolved exclusively in the state and federal courts located in Rutherford County, Tennessee.
11. Miscellaneous
    • Entire Agreement: This Agreement constitutes the entire agreement between the Company and User regarding the Services and supersedes all prior agreements and understandings, whether written or oral.
    • Assignment: The Company may assign this Agreement or any of its rights or obligations hereunder without User's prior consent. User may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the Company.
    • Waiver: The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or the right to enforce such provision.
    • Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
    • By using the Services, User agrees to be bound by the terms and conditions of this Agreement. If User does not agree to these terms, User may not use the Services offered by LetsApp ^® .