1. Introduction and Acceptance
These Terms of Service ("Terms") constitute a legally binding agreement between you and Asdise LLC ("Asdise," "we," "us," or "our"), governing your use of our operations management platform, services, and related offerings (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms that may apply to specific Services. If you do not agree with these Terms, you must not use our Services.
2. Eligibility and Account Registration
To use our Services, you must:
- Be at least 18 years old or the age of majority in your jurisdiction
- Have the legal capacity to enter into binding contracts
- Provide accurate and complete information during registration
- Not be prohibited from using our Services under applicable laws
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate accounts that violate these Terms or are suspected of fraudulent activity.
3. Use of Services
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use our Services solely for your internal business operations.
You agree not to:
- Use the Services for any illegal or unauthorized purpose
- Violate any applicable laws or regulations in your use of the Services
- Interfere with or disrupt the Services or servers connected to the Services
- Attempt to gain unauthorized access to any portion of the Services
- Use the Services to transmit any malicious code or harmful content
- Resell, distribute, or sublicense the Services without our prior written consent
- Use the Services in any manner that could damage, disable, overburden, or impair the Services
- Remove or alter any copyright, trademark, or other proprietary rights notices
4. Free Trial
We offer a 14-day free trial of our Services. During the trial period:
- You will have access to all features of your selected plan
- You may import a limited amount of data to test our migration tools
- We may contact you regarding your trial experience
At the end of the trial period, you will be automatically transitioned to a paid plan and billed accordingly, unless you cancel your subscription before the trial ends.
5. Subscription Plans and Payment
Our Services are available through various subscription plans. Plan details, features, and pricing are available on our pricing page.
Payment terms:
- Subscriptions are billed monthly or annually, depending on your selected plan
- We accept major credit cards, Google Pay, Apple Pay, iDEAL, and bank transfers (for Enterprise customers)
- All payments are processed securely through our payment providers
- You are responsible for providing accurate and complete billing information
- You authorize us to charge your payment method for the subscription fees
If your payment fails, we will attempt to charge your payment method again after a few days. If payment continues to fail, we may suspend your account until payment is received.
All fees are exclusive of applicable taxes. You are responsible for paying any taxes associated with your use of the Services.
6. Data Migration and Import
Our Services include tools to migrate and import your existing business data. You represent and warrant that:
- You have all necessary rights to the data you import
- The data does not violate any third-party rights or applicable laws
- The data is accurate and complete to the best of your knowledge
We provide reasonable efforts to assist with data migration from supported systems. For unsupported systems, we may offer custom migration services at our discretion.
We are not responsible for any data loss or corruption that may occur during migration, and we recommend maintaining backups of your data.
7. Refund Policy
We have a no-refund policy for our Services. However:
- You may cancel your subscription at any time
- Your subscription will remain active until the end of your current billing period
- You will continue to have access to our Services until your subscription ends
- We may offer credits or refunds in exceptional circumstances at our sole discretion
For Enterprise customers with annual contracts, early termination fees may apply as specified in your agreement.
8. Data Ownership and Security
You retain ownership of all data you input into our Services. We claim no intellectual property rights over your business data.
We implement industry-standard security measures to protect your data, including:
- Data encryption in transit and at rest
- Regular security audits and vulnerability testing
- Access controls and authentication mechanisms
- Physical security measures for our data centers
- Employee training on data protection practices
While we take reasonable precautions to protect your data, no method of transmission over the Internet or electronic storage is 100% secure. You are responsible for maintaining the security of your account credentials.
In the event of a data breach affecting your data, we will notify you in accordance with applicable laws.
9. Intellectual Property
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, and software, are the exclusive property of Asdise LLC and are protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any portion of our Services without our express written permission.
Any feedback, suggestions, or ideas you provide to us regarding our Services become our property, and we may use them without restriction or compensation to you.
10. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Using the Services for any illegal purpose or in violation of any applicable laws
- Attempting to gain unauthorized access to our systems or other users' data
- Interfering with or disrupting the integrity or performance of our Services
- Transmitting any viruses, worms, defects, or malicious code
- Using our Services to send spam or other unsolicited communications
- Impersonating any person or entity or falsifying your affiliation with any person or entity
- Collecting or harvesting any personally identifiable information from our Services
- Using our Services in any manner that could damage our reputation or goodwill
- Reselling or sublicensing our Services without our prior written consent
11. Termination
We may suspend or terminate your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to:
- Breach of these Terms
- Violation of applicable laws
- Non-payment of fees
- Suspicious or fraudulent activity
- Any other conduct we determine to be harmful to our Services or users
Upon termination:
- Your right to use our Services will cease immediately
- We may delete your data after 30 days of termination
- Any outstanding fees will remain due and payable
- Provisions that by their nature should survive termination will remain in effect
You may terminate your account at any time by contacting us or through your account settings.
12. Disclaimers and Limitations of Liability
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ASDISE LLC, ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR USE OR INABILITY TO USE OUR SERVICES
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES
- ANY INTERRUPTION OR CESSATION OF OUR SERVICES
- ANY BUGS, VIRUSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICES
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US IN THE PAST SIX MONTHS.
13. Indemnification
You agree to defend, indemnify, and hold harmless Asdise LLC, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from:
- Your use of our Services
- Your violation of these Terms
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right
- Any content you submit, post, or transmit through our Services
- Your use of any interactive features of our Services
- Any other act or omission that arises in connection with your use of our Services
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or your use of our Services shall be resolved as follows:
- Informal Resolution: The parties agree to first attempt to resolve any dispute through good faith negotiations.
- Mediation: If informal resolution fails, the parties agree to participate in mediation in Albuquerque, New Mexico.
- Arbitration: Any disputes not resolved through mediation shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
- Venue: Any litigation arising from these Terms shall be brought exclusively in the federal or state courts located in Bernalillo County, New Mexico.
15. Special Programs
We offer special programs for certain organizations:
- Indigenous Founders Program: We offer our Enterprise plan for free to Indigenous Australian, New Zealand, and North American founders. To apply, email info@asteik.com with details about your organization.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new effective date.
Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to any changes, you must stop using our Services.
For material changes that adversely affect your use of our Services, we will provide at least 30 days' notice before the changes take effect.
17. Miscellaneous
These Terms constitute the entire agreement between you and Asdise LLC regarding your use of our Services.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be modified to the minimum extent necessary to make it valid and enforceable, or if that is not possible, it will be severed from these Terms.
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.
These Terms are personal to you and are not transferable by you to any other person or entity.