Terms of Service

TekSecur Consulting LLC.

Last Updated: April 30, 2024.

Welcome to TekSecur!

TekSecur Consulting LLC and its affiliates ("TekSecur," "we," "us," "our") provides its services (described below) to you through its website located at www.teksecur.com (the "Site") and through its software's, platforms and related services (collectively, such services, including the Platform or Software, as defined below, any new features, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service") in order for you to test the Services' functionality and look and feel, but only to evaluate the Services for their intended purpose. From time to time as requested by TekSecur, you agree to participate in the feedback programs administered by TekSecur, TekSecur shall own all right, title and interest in any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to TekSecur, and you hereby make all assignments necessary to accomplish the same.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

When using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at http://teksecur.com/privacy-policy/. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Services Description: The Service observes and collects your IT landscape information, including application and infrastructure for cloud assessment and analysis, cloud migration via cloud migration factory platform, application modernization and cloud managed operations, including integration of AIOPs platform.

Confidentiality: You acknowledge that, in the course of evaluating the Services, you will obtain information relating to TekSecur and the Services which is confidential in nature (“Confidential Information”). You agree that you will not disclose Confidential Information or use Confidential Information except as contemplated by this Agreement, without the prior written consent of TekSecur unless such Confidential Information becomes part of the public domain.

Your Registration Obligations: You must register with TekSecur in order to access and use the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify TekSecur of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. TekSecur will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: TekSecur reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TekSecur will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that TekSecur may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on TekSecur’s servers on your behalf. You agree that TekSecur has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that TekSecur reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that TekSecur reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by TekSecur, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by TekSecur from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of TekSecur, our affiliates and our partners. Any rights not expressly granted herein are reserved by TekSecur.

The TekSecur name and logos are trademarks and service marks of TekSecur (collectively the “TekSecur Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TekSecur. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of TekSecur Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of TekSecur Trademarks will inure to our exclusive benefit.

Data Collection

You understand, acknowledge, and agree that TekSecur’s Software and Service stores, in encrypted form, sensitive data components involved in the cloud migration and modernization, cloud managed operation, security, and performance of your applications and systems. If you provide TekSecur with any personally identifiable information (“personal data”), you represent and warrant that such information has been collected by you in accordance with the provisions of all applicable data protection laws and regulations, and that you have all right and consents necessary to provide such personal data to TekSecur. You will indemnify TekSecur for reasonable costs and other amounts that TekSecur may incur relating to any breach of this Section titled “Data Collection”. Notwithstanding anything herein to the contrary, TekSecur shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services, Software and related systems and technologies (including, without limitation, information concerning you and data derived therefrom), and TekSecur will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and Software and for other development, diagnostic and corrective purposes in connection with the Services, Software and other TekSecur offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. TekSecur will employ physical and electronic safeguards for all data in its possession and control according to industry standards.

Indemnity and Release

You agree to release, indemnify and hold TekSecur and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Indemnitee.

Disclaimer of Warranties

You and TekSecur acknowledge that the Service is provided on an “as is” and “as available” basis. Your use of the service is at your sole risk. TekSecur expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.You and TekSecur acknowledge that the Service is provided on an “as is” and “as available” basis. Your use of the service is at your sole risk. TekSecur expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

TekSecur makes no warranty that (1) the service will meet your requirements, (II) the service will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the service will be accurate or reliable, or (IV) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

Limitation of Liability

You expressly understand and agree that TekSecur will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if TekSecur has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (I) the use or the inability to use the service, (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service, (III) unauthorized access to or alteration of your transmissions or data, (IV) statements or conduct of any third party on the service, or (V) any other matter relating to the service. In no event will TekSecur’s total liability to you for all damages, losses or causes of action exceed the amount you have paid TekSecur in the last six (6) months, or, if greater, one hundred dollars ($100).

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.

Termination

You agree that TekSecur, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if TekSecur believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. TekSecur may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be affected without prior notice and acknowledge and agree that TekSecur may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that TekSecur will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and TekSecur will have no liability or responsibility with respect thereto. TekSecur reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

Force Majeure

Except for payment obligations, neither party hereto will be liable for defaults or delays due to acts of God, or the public enemy, acts or demands of any government or governmental agency, fires, earthquakes, floods, accidents, or other unforeseeable causes beyond its reasonable control and not due to its fault or negligence.

General

These Terms of Service constitute the entire agreement between you and TekSecur and govern your use of the Service, superseding any prior agreements between you and TekSecur with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. These Terms of Service will be governed by the laws of the State of Texas without regard to its conflict of law provisions. With respect to any disputes or claims, you and TekSecur agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Frisco / Dallas Fort Worth Metro. The failure of TekSecur to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of TekSecur, but TekSecur may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

At TekSecur, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Contact Us

Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.