Welcome to TechRescue! These Terms of Service (“Terms”) constitute a legally binding agreement between you (the “User” or “you”) and TechRescue, Inc. (“TechRescue,” “we,” “our,” or “us”) regarding your access to and use of the TechRescue platform and its associated services (the “Platform”). These Terms also govern the cybersecurity services provided in partnership with Single Point of Contact (the “Service Provider”).
By accessing, registering, or using the Platform or TechRescue’s services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must discontinue using the Platform immediately.
ACCEPTANCE AND MODIFICATIONS
Eligibility
By using the Platform, you represent that:
- You are at least eighteen (18) years of age or the age of majority in your jurisdiction. If you are using the Platform on behalf of an entity, you confirm that you have the authority to bind that entity to these Terms.
- You also agree to use the Platform in accordance with applicable laws, regulations and orders. You also confirm you have the capacity and ability to enter into legally binding contracts.
- You have not been prohibited from accessing or using the Platform under any applicable law or pursuant to an administrative decision or prior decision of TechRescue.
- You are not subject to any limitations or restrictions that would prevent, restrict or negatively impair your ability to use the Platform.
- You do not reside in and are not accessing the Platform from any country subject to applicable U.S. trade sanctions or embargoes. You also confirm that you have not been named on any national or denied-party list issued by the U.S. government.
Modifications to Terms
TechRescue reserves the right to modify these Terms at any time. Updates will be posted with the “Last Updated Date” at the top of this document. Continued use of the Platform after changes constitutes your acceptance of the revised Terms.
Application and Binding Effect
These Terms are applicable and binding to you as of your initial access and use of the Platform. Upon accessing, visiting or using the Platform, you agree to be bound and governed by these Terms, in their entirety.
These Terms constitute a binding and enforceable agreement between TechRescue and you. TechRescue will not be bound by any terms or policies, except for these Terms and any policies explicitly referenced herein. These Terms encompass any other policies established by TechRescue, such as its Privacy Policy, which is deemed to be incorporated in these Terms by reference.
DEFINITIONS
The following capitalized terms, when used in these Terms will have the meanings set forth below, unless the context requires otherwise:
Authorized User refers to an individual who has been granted permission by a registered User to access the Platform on their behalf, subject to compliance with these Terms.
Confidential Information refers to all non-public, proprietary, technical, business, security-related, and financial data disclosed between TechRescue, the Service Provider, and Users. This includes but is not limited to personally identifiable information (PII), trade secrets, business operations data, security policies, reports, threat intelligence, and any other information that a reasonable person would consider confidential.
Confidential Information consists of non-public, confidential, private and sensitive information relating to you, including but not limited to your business information, business policies or practices, financial information and operations. Confidential Information does not include information that:
- was or is part of the public domain;
- entered the public domain, through no fault of the receiving party;
- was in the receiving party’s possession prior to the Effective Date; or
- was independently developed by the receiving party.
Effective Date refers to the date upon which a User first subscribes to or accesses TechRescue’s Services, thereby agreeing to these Terms.
Project refers to the scope of the Services to be provided by TechRescue as requested by the User.
Service Provider refers to Single Point of Contact, an external cybersecurity solutions provider engaged by TechRescue to deliver cybersecurity services, including security monitoring, risk mitigation, and incident response support to Users.
Services refer to the remote computer repair, technical support services, cybersecurity protection, risk assessment, threat monitoring, vulnerability management, incident response, and advisory consulting services provided by TechRescue, either directly or through its authorized Service Provider, Single Point of Contact. These services are designed to enhance digital security, protect user data, and mitigate cyber risks.
Subscription Fee refers to the recurring monthly fee payable by Users for access to TechRescue’s cybersecurity Services. As of the Effective Date, the Subscription Fee is set at $20 per signed User per month, unless modified in accordance with these Terms. Fees are subject to periodic adjustments.
User refers to any individual, business, organization, or legal entity that subscribes to, accesses or utilizes the Platform and its associated services. Users may include but are not limited to customers, corporate clients, and authorized representatives of an entity using the Platform on its behalf.
User Content refers to all materials, information, documentation, access credentials and other content provided by you to TechRescue for purposes of the Services and the Project.
Project Details
TechRescue will commence the execution of the Project once: (i) the Services are confirmed by the User, (ii) the User has provided all relevant information and User Content to TechRescue, and (iii) upon TechRescue’sreceipt of the payment of the Subscription Fee.
The commencement of the Project will depend on the availability of TechRescue’s assigned team. If the Project is of an urgent nature, the User must notify TechRescueto ensure that TechRescue has the resources needed to complete the Project in an expedited manner.
The estimated Project start and completion dates provided by TechRescueare estimates only, and may be revised by TechRescue, without liability, once the Project is initiated.
Information to be Provided
To allow for the execution of the Services, you must promptly provide all information requested by TechRescue. Such information must be accurate and complete, and may include, without limitation:
- the User Content;
- any completed forms requested by TechRescue;
- documentation relating to the Project;
- any other information reasonably requested by TechRescue.
We are not responsible for any errors or omissions contained in the User Content. The User Content will be provided to us in a format that we approve and with the necessary accesses and credentials shared to allow for the Services. We disclaim full liability for any incorrect information or other issues affecting the User Content.
ACCOUNT REGISTRATION & RESPONSIBILITIES
Account Creation
Users must provide accurate, complete, and up-to-date information during the registration process. Users are responsible for updating any personal information submitted that becomes outdated, incorrect or invalid.
Failure to do so may result in suspension or termination of the account. TechRescue reserves the right to verify the information provided and take appropriate action in cases of false, misleading, or incomplete data. Users must be at least 18 years of age or the legal age of majority in their jurisdiction to register an account on the Platform.
If TechRescue learns that a user account was created by a User who is under the age of eighteen (18), TechRescue will terminate the account, without liability.
When creating an account on TechRescue, Users shall be required to provide certain personal information, including their first name, last name, email address, phone number, date of birth and password.
User Responsibilities
Users are solely responsible for maintaining the confidentiality of their account credentials, including usernames and passwords. Any unauthorized use of an account must be reported to TechRescue immediately. Users agree to comply with all applicable federal and state laws, including but not limited to: Computer Fraud and Abuse Act (18 U.S.C. § 1030) – Governing unauthorized access to computer systems and cybersecurity violations. Electronic Communications Privacy Act (ECPA) (18 U.S.C. §§ 2510-2523) – Protecting electronic communications from unauthorized interception or access. California Consumer Privacy Act (CCPA) (Cal. Civ. Code §§ 1798.100-1798.199) – Establishing rights over personal data for California residents.
To pay the Subscription Fee, you may be asked to securely store valid credit card information within your account. All information you provide must be current, truthful and complete. You must maintain the confidentiality of your account credentials and remain responsible for all activities that occur under your account.
Account Security
Accounts on the Platformare secured by a password. Users are responsible for ensuring the password to their account remains confidential and secret. In the event of a security breach, such as a compromised password, Users must notify TechRescue as soon as possible.
Users may not use an account that does not belong to them. Any use or access of another User’s account on the Platform is strictly prohibited.TechRescuewill not be liable for losses or damages caused by unauthorized usage of user accounts.
Termination or Suspension of Accounts
We reserve the right to investigate any potential violations of these Terms, applicable laws, regulations or binding terms.
Users may terminate their user account at any time by following the instructions on the Platform. We may terminate or suspend User accounts if the account holder breaches these Terms. You agree to waive recourses or claims you may have or had against TechRescue with respect to the termination or suspension of user accounts.
Appeals
If your account was suspended, restricted, blocked or terminated, you may request a review of the decision by submitting a written appeal to TechRescue within thirty (30) days. The appeal must indicate the reasons you believe the action was taken in error, together with any supporting documentation or evidence.
Certain violations, such as fraud, illegal activity, threats, harassment, safety concerns, repeated misconduct or material breaches of these Terms, may result in immediate and permanent account termination, without right of appeal.
Any suspension, restriction, block, or termination shall remain in effect while an appeal is pending. Following its review, TechRescue may uphold or reverse the action.
Automatic Enrollment in Cybersecurity Services
By subscribing to TechRescue, Users acknowledge and consent to being automatically enrolled in Single Point of Contact’s cybersecurity services. This enrollment is a mandatory component of the Platform and is designed to enhance digital security for all Users. Users may not opt out of these security services as they form an integral part of TechRescue’s service offering.
Prohibited Activities
Users shall not engage in any activity that: (a) Violates any applicable federal, state, or international laws related to cybersecurity, privacy, or data protection, including but not limited to the Cybersecurity Information Sharing Act (CISA) (6 U.S.C. § 1501 et seq.). (b) Involves unauthorized access, hacking, network intrusions, or distribution of malicious software, in violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030). (c) Attempts to circumvent or disable any security features of TechRescue or its Service Provider. (d) Involves fraudulent, deceptive, or misleading practices, including impersonation, phishing, or identity theft. (e) Disrupts the normal operation of the TechRescue platform, including denial-of-service (DoS) attacks or similar cyber threats.
- Results in the transmission of harmful files, viruses, unsolicited materials and components.
- Uses automated means, including spiders, robots, crawlers, data mining tools, to download data from the Platform.
TechRescue reserves the right to investigate, suspend, or terminate accounts involved in prohibited activities and to report violations to law enforcement agencies as required by applicable laws.
User Warranties
You represent, warrant and covenant to TechRescue that:
- you own all right, title, and interest in, or otherwise have full right and authority to permit the use of the User Content;
- the User Content is accurate, legal, conforms to ethical standards of your industry, and does not infringe the rights of any third party, and the usage by TechRescue of the User Content will not violate the rights of any third parties;
- you will comply with all laws and regulations as they relate to the Services and the Project.
SUBSCRIPTION, FEES & PAYMENT TERMS
Subscription Fees
Users agree to pay a recurring monthly Subscription Fee of $20 per signed User for cybersecurity services provided by TechRescue in partnership with its Service Provider. The Subscription Fees are exclusive of any applicable taxes, duties, or surcharges, which shall be the responsibility of the User.
Billing and Payment
Payments are due within 15 days from the invoice date. Users must provide valid payment details and authorize TechRescue to charge the applicable fees. Failure to make timely payments may result in: (a) A late fee of 1.5% per month on outstanding balances, or the maximum rate permitted by law, whichever is lower. (b) Service suspension if payment is not received within 30 days from the due date. (c) Account termination if the outstanding balance remains unpaid for 60 days from the due date.
Refund Policy
All Subscription Fees are non-refundable except in cases where TechRescue fails to provide the agreed-upon Services due to reasons within its control. Refunds, if granted, shall be processed within 30 days from the date of approval.
Upon receiving a refund request, TechRescue will investigate the matter.All determinations made by TechRescue in connection with refund requests will be final and binding, and Users agree to comply with the resolution.
Please note that TECHRESCUE does not offer refunds for unused or otherwise unsatisfactory Services, unless otherwise specified.
Fee Adjustments
TechRescue reserves the right to modify the Subscription Fee at its discretion. Users shall receive at least 30 days’ prior written notice before any fee adjustments take effect. Continued use of the Services after the effective date of such changes constitutes acceptance of the new pricing structure.
Disputed Charges
If a User disputes any charge, they must notify TechRescue within 10 days of the invoice date. TechRescue will review the dispute and provide a response within 15 business days. Users must pay any undisputed amounts while the dispute is being resolved.
Accepted Payment Methods
TechRescue accepts payment via credit card, ACH transfer, or other approved electronic payment methods. Users must keep their payment details updated to avoid service disruptions.
Final Sales
Subject to these Terms, you acknowledge and understand that all payments are final. The Subscription Fee may not be refunded or credited by TechRescue, except as permitted by these Terms. You recognize and agree that returns are not accepted. Once payment for a subscription is made, it is deemed final and may not be refused or canceled, except as permitted by these Terms.
Chargebacks
In the event that you initiate a chargeback with respect to Subscription Fees, you will be responsible for the repayment of the Subscription Fees. The Subscription Fees will be payable and due immediately upon your receipt of a written notice, and no later than five days from the date of the notice.
User Obligations
To enable us to provide the Services effectively, you acknowledge and agree to the following:
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You agree to use the Services in accordance with these Terms and all applicable laws, regulations, and industry requirements. You will cooperate with us and promptly provide any access, credentials or assistance reasonably required for us to perform the Services.
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You are solely responsible for determining whether the Services are appropriate for your business, systems, and intended purposes. You acknowledge that you have had the opportunity to evaluate the Services and obtain any independent advice you consider necessary before engaging our Services.
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You are solely responsible for ensuring that your use of the Services and your business operations comply with all applicable federal, state, local and international laws, regulations, industry standards and governmental requirements. We do not provide legal, regulatory, tax, or compliance advice.
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You represent and warrant that you own, control, or are otherwise authorized to grant us access to all systems, networks, devices and software made available to us in connection with the Services. You are responsible for obtaining all necessary permissions and third-party consents required for us to perform the Services.
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You are responsible for maintaining a suitable environment for the delivery of the Services, including reliable internet connectivity, compatible hardware and software, functioning remote access capabilities, and the availability of authorized personnel when reasonably required. We are not responsible for delays or additional costs resulting from your failure to provide such access or cooperation.
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Unless otherwise agreed in writing, you are solely responsible for maintaining complete, current, and recoverable backups of all data, systems, applications and configurations before any Services are performed. We are not responsible for the loss, corruption or recovery of data where adequate backups have not been maintained.
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You acknowledge that the effectiveness of the Services depends upon your ongoing cooperation, including maintaining current software and security updates, using reasonable security practices, safeguarding account credentials and providing accurate and complete information. Your failure to do so may reduce the effectiveness of the Services, for which we will not be responsible.
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You acknowledge that no technology, software, cybersecurity measure, or remote support service can eliminate all risks or guarantee the prevention of security incidents, system failures, data loss, cyberattacks, unauthorized access or other adverse events. You assume responsibility for the risks inherent in operating your own systems and understand that the Services are intended to reduce, but not eliminate, such risks.
DATA PRIVACY & SECURITY
Data Collection and Use
TechRescue and its Service Provider, Single Point of Contact, may collect, process, and use User data solely for the purpose of providing, maintaining, improving, and securing the Services. User data may include personally identifiable information (PII), device information, security logs, and service usage data. TechRescue does not collect or store payment details, as all transactions are processed through secure third-party payment processors.
TechRescue’s Privacy Policy is expressly incorporated in these Terms by reference. All personal and sensitive information provided on the Platformwill be governed by the Privacy Policy.
Compliance with Laws
TechRescue adheres to all applicable federal and state data privacy laws and industry standards, including but not limited to: The California Consumer Privacy Act (CCPA) (Cal. Civ. Code §§ 1798.100-1798.199) – Governing consumer rights over personal data and disclosure obligations. The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679, where applicable) – Establishing data protection and privacy regulations for Users where applicable. The Electronic Communications Privacy Act (ECPA) (18 U.S.C. §§ 2510-2523) – Protecting electronic communications from unauthorized access or interception. The Cybersecurity Information Sharing Act (CISA) (6 U.S.C. § 1501 et seq.) – Facilitating the sharing of cybersecurity threat intelligence while ensuring privacy safeguards. The Federal Trade Commission Act (FTC Act) (15 U.S.C. §§ 41-58) – Prohibiting unfair or deceptive data privacy practices.
Data Breach Notification
In the event of a data breach or unauthorized access affecting User data, TechRescue will notify affected Users and regulatory authorities within 48 hours, in compliance with applicable breach notification laws, including The California Data Breach Notification Law (Cal. Civ. Code §§ 1798.29 & 1798.82) and The Health Insurance Portability and Accountability Act (HIPAA) Breach Notification Rule (45 C.F.R. §§ 164.400-414), where applicable. TechRescue will provide details regarding the nature of the breach, the affected data, and recommended remedial actions.
Third-Party Sharing
TechRescue will never sell, lease, or trade User data to third parties. However, data may be shared with trusted third-party service providers strictly for service delivery, compliance with legal obligations, or protection against security threats. Any such third parties must adhere to strict confidentiality and data protection agreements in line with U.S. data privacy laws.
User Rights and Data Access
Users may request access, correction, or deletion of their personal data in accordance with CCPA, GDPR, and other applicable laws. Requests must be submitted to TechRescue and will be processed within 30 days of receipt.
Data Retention and Security Measures
TechRescue retains User data only for as long as necessary to fulfill service obligations or comply with legal requirements. Industry-standard encryption, firewalls, and multi-factor authentication (MFA) are implemented to safeguard data against unauthorized access, loss, or breach.
Confidential Information
We will hold in strict confidence all Confidential Information. We will not disclose Confidential Information to any third party, except with your prior written consent or as may be required by law. We will use the Confidential Information solely to perform our duties and obligations under these Terms, namely to perform the Services and execute the Project.
SERVICE AVAILABILITY & SUPPORT
Uptime Guarantee
TechRescue commits to maintaining a 99.9% uptime for its cybersecurity services, measured on a monthly basis, excluding: (a) Scheduled Maintenance, for which Users will receive at least 48 hours’ advance notice; (b) Emergency Maintenance, where TechRescue will make reasonable efforts to provide notice as soon as possible; (c) Force Majeure Events, including but not limited to natural disasters, cyberattacks, government actions, or other events beyond TechRescue’s reasonable control.
Technical Support
TechRescue offers 24/7 customer support via multiple channels, including phone, email, and live chat, for cybersecurity-related concerns. TechRescue categorizes support requests based on urgency and responds as follows:
- Critical Issues (e.g., service outage, security breach) – Response within 1 hour.
- High-Priority Issues (e.g., degraded service performance, major security vulnerability) – Response within 4 hours.
- Standard Support (e.g., general inquiries, feature requests) – Response within 24 hours.
Service Modifications and Updates
TechRescue reserves the right to update, modify, or discontinue any service feature or functionality, provided that: (a) Users receive at least 30 days’ prior notice for material changes that may impact Service delivery; (b) Urgent modifications required for security, legal compliance, or operational stability may be implemented immediately with notice as soon as practicable; (c) Discontinued services will allow a reasonable transition period, with options for data retrieval where applicable.
User Responsibilities for Service Access
Users are responsible for ensuring their internet connection, hardware, and network security meet the minimum system requirements necessary to access TechRescue services. TechRescue is not liable for service interruptions resulting from User-side technical issues, ISP failures, or inadequate system configurations.
INTELLECTUAL PROPERTY
Intellectual Property
TechRescueowns or has secured the consents needed to use the content published on the Platform. TechRescue’s intellectual property may not be reproduced or shared without prior written consent. All intellectual property directly relating to the Platform and TechRescue remains its sole property and is the exclusive owner of such intellectual property throughout the world, without limitations of time or space.
We may share content that has been licensed to us, and in such case, the content remains the property of its respective owners.
The reproduction, transmission, sharing and distribution of all or part of any of the content on the Platform is expressly prohibited, except as provided under these Terms. Users may use the content on the Platform solely for individual reference purposes. Users may not reproduce or copy such content, except with prior written consent.
Trademarks
Trademarks, logos and intellectual property relating to TechRescue and the Platform are proprietary to TechRescue. These trademarks and logos are protected by intellectual property laws. Accordingly, TechRescue’s trademarks and logos may not be reproduced or shared without our prior written consent.
Right to Use
We will benefit from an unrestricted, irrevocable, perpetual and worldwide license and right to use, reproduce, publish and display our deliverables and work on our website, webpages, social media pages, and any other media selected for promotional purposes, and in connection with the advertising or exploitation of any project with respect to us or to which we are involved. We, subject to your reasonable approval, may describe our role in relation to the Project and the Services provided, as well as publicize that you retained our Services.
LIMITATION OF LIABILITY
No Liability
Technical issues, such as bugs, may arise when using the Platform. These issues may delay, suspend, terminate or completely prevent access to the Platform or the Services. TechRescue will not be liable for any loss or damage caused by the Platform. Further, TechRescue disclaims liability for: (i) Service interruptions; and (ii) any virus or other harmful component impairing the Platform. For purposes of these Terms, harmful components may include spyware, adware or other programs and codes intended to harm computer software or hardware.
To the fullest extent permitted by applicable U.S. law, TechRescue shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of data, service interruptions, business disruption, reputational harm, lost profits, or cyberattacks, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if TechRescue has been advised of the possibility of such damages. Additionally, in no event will TechRescue be liable for any lost data or content, lost profits, loss of opportunity, loss of business, business interruption arising out of or relating to the Services and the Project provided by TechRescue, even if TechRescue has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
You are solely responsible for maintaining copies of original files, to TechRescue’s full exclusion. We will not be liable for any damage to the media, files and/or User Content provided by the User. We further disclaim liability for the accuracy of input or output provided by the User. We make no warranties as to our ability to work with User Content submitted as files, media or documents of any kind and you understand that certain User Content may be restricted, blocked, inaccessible or otherwise unusable by TechRescue.
Maximum Liability
TechRescue’s total aggregate liability under these Terms, whether in contract, tort, negligence, or otherwise, shall not exceed the total Subscription Fees paid by the User in the 12 months immediately preceding the claim. This limitation applies regardless of the form or cause of action. This constitutes the aggregate liability of TechRescue to the User for damages for any and all causes whatsoever, and the User’s maximum remedy, regardless of the form of action.
Exclusions from Limitation
The limitations set forth in this Section shall not apply to claims arising from TechRescue’s gross negligence, willful misconduct, fraud, or violations of applicable data protection laws.
Availability
TechRescuecannot guarantee that the Platformwill be available at all times without interruption or error. Certain factors beyond TechRescue’s reasonable control may affect the Platform’s operations and availability. We will not be responsible for any interruptions of service or issues affecting the Platform. Further, TechRescuewill not be responsible for any service interruptions, including power outages, system failures or other interruptions beyond its control.
Information may quickly become outdated. TechRescue is unable to guarantee that the content available on the Platform will be accurate, valid, current and reliable. If you find any information published by the Platform to be outdated, erroneous or false, please notify us in accordance with these Terms.
User Responsibility for Security Compliance
Users acknowledge that cybersecurity is a shared responsibility and agree to: (a) Follow industry best practices to prevent unauthorized access, data breaches, and security vulnerabilities. (b) Implement strong passwords, multi-factor authentication (MFA), and other security controls as recommended by TechRescue. (c) Promptly report any suspected security incidents or breaches to TechRescue. (d) Ensure compliance with all applicable federal and state cybersecurity laws, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and The Cybersecurity Information Sharing Act (CISA) (6 U.S.C. § 1501 et seq.).
Force Majeure Liability Exclusion
TechRescue shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control (each, a “Force Majeure”), including but not limited to acts of God, cyberattacks, government actions, pandemics, infrastructure failures, or third-party service disruptions. TechRescue will not be liable while the Force Majeure event persists.
Status of the Parties
TechRescue acts as an entity independent from the User. These Terms will not create any actual or apparent agency, employment or joint venture between TechRescue and you. Unless otherwise provided in these Terms, neither party will be authorized to bind the other party or enter into contractual obligations on its behalf.
TechRescue will provide the Services under your general direction, but TechRescue will determine, in its sole discretion, the manner and means by which the Services are performed.
Indemnification
You agree to indemnify, save and hold harmless TechRescue from any and all damages, liabilities, costs, losses or expenses arising out of any third party claim, demand, suit or action arising out of: (i) your negligence, recklessness or intentionally wrongful act(s), (ii) your breach of any covenant, warranty or representation made under these Terms, and/or (iii) your execution or non-performance of your obligations under these Terms.
No Warranties
The Services and the Platform provided by TechRescue will be provided “as is” and “as available”. Except for any limited warranties set forth in these Terms, TechRescue makes no warranty, written, oral, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, with respect to the Services to the fullest extent permitted by applicable law.
Without limiting the generality of the foregoing, TechRescue does not guarantee that the Platform will be continuously available for use without errors, omissions or interruption.
TERMINATION
User-Initiated Termination
Users may cancel their subscription by providing 30 days’ prior written notice to TechRescue. Upon termination, Users will retain access to the Services until the end of their current billing cycle, and no refunds will be issued for any unused portion of the subscription.
Termination for Non-Payment
If a User fails to make timely payments, TechRescue reserves the right to: (a) Suspend access to Services 10 days after the payment due date; (b) Terminate the User’s account 30 days after the payment due date if the outstanding balance remains unpaid. (c) Refer the unpaid balance to a collection agency and report delinquent accounts as permitted by applicable law.
Termination for Breach
TechRescue may immediately suspend or terminate a User’s access to the Services without prior notice if the User: (a) Violates any provision of these Terms; (b) Engages in prohibited activities, including but not limited to fraud, abuse, or unauthorized access to TechRescue systems; (c) Compromises security protocols or engages in activities that pose a threat to the integrity of TechRescue’s platform or other Users.
Effect of Termination
Upon termination, the User must cease all use of the Services, and TechRescue reserves the right to delete the User’s data after 90 days, except where retention is required by law or for compliance purposes.
DISPUTE RESOLUTION
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.
Jurisdiction of the Courts
The following disputes may be brought before the competent courts located in the State of Delaware: (i) the seeking of an injunction or other equitable relief, or (ii) the enforcement of any rights and obligations set forth in these Terms.
Users acknowledge that any breach of these Terms may cause TechRescue significant harm and damages, particularly for breaches relating to data security, intellectual property or unauthorized use of the Platform. Further, monetary damages may not be sufficient to compensate TechRescue for a breach of these Terms. TechRescue may be entitled to seek an injunction or equitable relief before a court of competent jurisdiction.
Other disputes may be resolved by arbitration, except for those subject to the jurisdiction of the courts, and unless Users opt out of the arbitration process in accordance with these Terms.
Opting Out
To opt out of the arbitration process, Users must send TechRescue a written request within thirty (30) days of creating an account on the Platform. TechRescue will review opting out requests that comply with the requirements set forth in these Terms. Any approved opting out requests shall result in disputes being transferred to and handled by the competent courts in the State of Delaware, rather than arbitration.
Good Faith Negotiations
Prior to undertaking arbitration, Users agree to attempt to resolve their dispute by good faith negotiations.
Arbitration
If the dispute cannot be resolved amicably within a reasonable period of time, it will be referred to arbitration to be handled according to the standards set by the American Arbitration Association. Unless otherwise required, there will be one arbitrator. The language for purposes of the arbitration shall be English.
The arbitration award will be final and binding, not subject to appeal.
Cost Recovery
The prevailing party will be entitled to claim all reasonable attorney fees and legal expenses incurred in such action. The non-prevailing party agrees that any and all costs associated with initiating and conducting arbitration, including filing fees, administrative fees, arbitrator compensation, and related expenses, will be borne solely by the non-prevailing party, except where otherwise required by applicable law.
COPYRIGHT POLICY
TechRescue complies with applicable copyright laws, and remains committed to preventing copyright infringement on the Platform. In accordance with the Digital Millennium Copyright Act (the “DMCA”), TechRescue encourages you to promptly notify us of any existing and potential copyright infringement on the Platform.
All notices must contain the information listed below. Further, each notice must be signed, either manually or electronically:
- a link to the content on the Platform which is subject to the notice;
- a description of the intellectual property right subject to the notice, including the date of the creation or development, photos and other relevant information;
- your contact information;
- your interest in the intellectual property subject to the notice. If you are not the lawful owner, you must provide a confirmation or proof that you are authorized to act on behalf of the owner of the intellectual property;
- your written confirmation that the notice was prepared in good faith; and
- your written confirmation that all statements contained in the notice are true and complete to the best of your knowledge.
- If the notice is founded, TechRescue shall promptly remove the violating content from the Platform. TechRescue reserves the right to terminate or suspend accounts of Users who infringe the DMCA, without notice.
THIRD PARTY SITES
Any links to third-party websites, applications or services provided on the Platform are offered solely for reference and convenience. These third-party websites, applications, or services are independent from TechRescue and are not under its control.
Unless otherwise specified, TechRescue does not endorse nor is TechRescue affiliated with third-party websites, applications or services linked on the Platform.
TechRescue does not provide any guarantees regarding the availability, accuracy or suitability of any third-party websites or apps. You understand and agree that access and use of such third-party services is at your own risk. Any use of third-party websites, applications, or services is governed by the terms and policies of the respective third parties, and not by these Terms.
MISCELLANEOUS
Entire Agreement
These Terms, along with TechRescue’s Privacy Policy and any applicable service agreements, constitute the entire agreement between the parties and supersede any prior agreements, whether written or oral.These Terms supersede prior terms and agreements between TechRescue and Users regarding this subject matter.
Notices
Any notice, consent, authorization or other communication required to be given in writing shall be delivered using any delivery method with proof of receipt to TechRescue’s headquarters or by email.
The following are acceptable delivery methods: (i) U.S. mail with postage prepaid, (ii) certified mail, return receipt requested, or (iii) email with acknowledgement of receipt.
Force Majeure
TechRescue shall not be liable for any delay or failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, cyberattacks, labor disputes, government actions, or infrastructure failures. If a Force Majeure event continues for more than 30 days, either party may terminate these Terms upon written notice.
Changes to Terms
TechRescue reserves the right to update or modify these Terms at any time at its discretion. TechRescue will attempt to provide you with at least 30 days’ prior notice of material changes. Continued use of the Platform after the effective date of such changes constitutes acceptance of the revised Terms.
The most current version of these Terms will be published on the Platform and will indicate the effective date in the header. All updates to these Terms and Conditions will become binding as of the stated effective date.
Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or any other term, and TechRescue’s failure to assert any right or provision shall not constitute a waiver of such right or provision.
Assignment
Users may not assign or transfer their rights or obligations under these Terms without prior written consent from TechRescue. TechRescue may freely assign its rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets.
Contact Information
If you have any questions, concerns, or requests regarding this Privacy Policy or your personal data, please contact us at:
TechRescue
651 North Broad St.
Middletown, DE 19709
Email: help@techrescue.io
Phone: 855-250-8586