SaaS Subscription Terms of Service

These SaaS Subscription Terms (“Service Terms”) govern paid and trial access to Tyden software, CRM configurations, automation, AI tools, websites, forms, calendars, communications, managed services, implementation, support, and related offerings (“Services”). An Order Form, checkout page, proposal, invoice, or statement of work accepted by the customer (“Order”) identifies the purchased package, pricing, included usage, setup fee, term, add-ons, and any customer-specific terms.

2.1 Contract structure and order of precedence

The agreement consists of the applicable Order, these Service Terms, the Privacy Policy where Tyden acts as a controller, the Data Processing & Security Addendum where Tyden processes Client Data for a customer, and any incorporated service-specific terms. If there is a conflict, the Order controls over these Service Terms for commercial terms; the Data Processing Addendum controls for personal-data processing matters.

2.2 Accounts and authorized users

Customer is responsible for authorized-user access, credentials, permissions, and activities performed under its account. Customer must maintain accurate account information, use reasonable security controls, and promptly notify Tyden of suspected compromise. Unless an Order states otherwise, user, location, phone-number, pipeline, calendar, messaging, AI, and other limits are plan entitlements and may incur upgrades or overages if exceeded.

2.3 Fees, setup fees, usage and overages

Customer will pay the fees shown on the Order. Setup or implementation fees are earned for configuration and onboarding work as performed and are non-refundable except where the Order or applicable law states otherwise. Usage-based services such as messaging, voice, email, AI, premium workflow actions, phone numbers, domains, verification, or third-party services may be billed according to the rates and markup disclosed in the Order or account. Taxes are additional unless expressly included.

2.4 Payment authorization

Customer authorizes Tyden and its payment processor to charge the payment method on file for amounts due under the Order, including recurring subscription fees, approved add-ons, taxes, and disclosed usage or overage charges. Customer must keep billing information current. Failed or reversed payments may result in retries, suspension, recovery costs where lawful, or termination after applicable notice.

2.5 Subscription term and renewal

The initial term and renewal cadence are stated in the Order. If the Order provides for automatic renewal, the subscription renews for the stated renewal period unless canceled in accordance with the Order, this policy, and applicable law. Tyden will provide renewal notices when required by applicable law.

2.6 Cancellation

Customer may cancel through the method stated at checkout, in the account, or by contacting dariand.turner@gmail.com. Cancellation stops future renewal after the current paid term unless applicable law, the Order, or an approved written exception provides otherwise. Tyden will not intentionally impose unreasonable obstacles to cancellation.

2.7 Refunds

Except where required by law or expressly stated in the Order, subscription fees, setup fees, usage charges, third-party pass-through costs, domain/phone purchases, and completed implementation work are non-refundable once incurred. Tyden may issue credits or refunds in its discretion without creating an obligation to do so in future cases.

2.8 Service changes and availability

Tyden may improve, modify, replace, or discontinue features. Material reductions to a paid core feature during a prepaid term will be handled in a commercially reasonable manner. Beta, labs, preview, and third-party features may change or disappear without notice. Tyden does not guarantee uninterrupted availability of third-party networks, telecommunications, AI models, DNS, payment processors, social platforms, or upstream SaaS providers.

2.9 Support

Support channels, hours, response targets, and onboarding services are those stated in the Order or current support policy. Response targets are service objectives unless expressly labeled as a binding service-level agreement. Customer is responsible for maintaining reasonable access, timely responses, and information needed to troubleshoot issues.

2.10 Customer content and Client Data

Customer retains its ownership rights in content and data submitted to the Services. Customer grants Tyden a limited license to host, process, transmit, reproduce, adapt, and otherwise use Client Data solely as necessary to provide, secure, maintain, support, improve, and comply with law regarding the Services, subject to the Data Processing Addendum where applicable.

2.11 Customer compliance responsibilities

Customer is responsible for the legality of its business practices, data collection, marketing claims, contact lists, consent records, message content, call recording, appointment and billing practices, customer notices, and use of Tyden tools. Tyden provides technology and implementation support; it does not become the customer’s legal department or assume the customer’s independent compliance obligations.

2.12 Communications compliance

Customer must use SMS, voice, email, and automated communications in compliance with applicable law, carrier rules, platform policies, consent requirements, opt-out requirements, quiet-hour restrictions, and industry-specific rules. Customer must not upload purchased or unlawfully obtained lists, spoof identities, conceal sender information, or continue marketing after a valid opt-out.

2.13 AI features

AI-generated responses, summaries, classifications, recommendations, call handling, appointment actions, or other automated outputs may contain errors. Customer must configure guardrails appropriate to its use case, keep knowledge sources accurate, and maintain human review for high-impact or regulated decisions. Tyden may use third-party AI providers as subprocessors as described in the DPA or subprocessor list.

2.14 Intellectual property and license

Tyden retains all rights in its platform configuration, templates, snapshots, workflows, prompts, automation logic, documentation, training materials, designs, and other Tyden IP, excluding Customer Content. During an active subscription, Tyden grants Customer a limited, non-exclusive, non-transferable right to use the Services for its internal business operations, subject to the Order and these Service Terms.

2.15 Restrictions

Customer may not reverse engineer protected components except where law expressly permits, resell or sublicense Tyden Services except under an authorized reseller arrangement, circumvent usage or plan limits, use the Services to build a competing copy from proprietary Tyden materials, interfere with platform security, or use the Services for unlawful, deceptive, abusive, or infringing purposes.

2.16 Suspension

Tyden may suspend access when reasonably necessary to protect security, prevent unlawful or abusive activity, address payment default, comply with law or provider requirements, or prevent material harm. Where practicable, Tyden will provide notice and an opportunity to cure before suspension, except where immediate action is reasonably necessary.

2.17 Termination and data export

Either party may terminate for material breach if the breach is not cured within the applicable cure period stated in the Order or, if none, a commercially reasonable period after written notice. After termination, Customer access ends. Tyden may provide a limited data-export window where technically available and required by the Order or law. Tyden may delete Client Data after the retention period stated in its data-retention policy or DPA, subject to legal holds and backups.

2.18 Confidentiality

Each party may receive nonpublic business, technical, financial, customer, or security information from the other. The receiving party will use reasonable care to protect Confidential Information and use it only for the agreement. Confidential Information excludes information that is public through no breach, already lawfully known, independently developed, or lawfully obtained from another source without duty of confidentiality.

2.19 Warranty and disclaimer

Tyden warrants that it will provide paid professional services in a commercially reasonable manner. Customer’s exclusive remedy for a verified material breach of this limited warranty is re-performance of the affected service or, if re-performance is not commercially reasonable, an appropriate credit or termination remedy as determined under the Order. EXCEPT FOR EXPRESS WARRANTIES, SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY LAW.

2.20 Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, GOODWILL, OR DATA. EXCEPT FOR EXCLUDED CLAIMS OR AMOUNTS THAT CANNOT LAWFULLY BE LIMITED, TYDEN’S AGGREGATE LIABILITY ARISING OUT OF THE AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE TO TYDEN FOR THE AFFECTED SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. “EXCLUDED CLAIMS” SHOULD BE FINALIZED BY COUNSEL and may include confidentiality breaches, intellectual property infringement, indemnity obligations, payment obligations, fraud, or willful misconduct.

2.21 Indemnification

Customer will defend and indemnify Tyden against third-party claims arising from Customer Content, Customer’s unlawful marketing or communications, Customer’s violation of law or third-party rights, or Customer’s prohibited use of the Services. Tyden should provide a reciprocal IP infringement indemnity only after counsel confirms the desired scope, exclusions, defense control, and remedies.

2.22 Assignment

Neither party may assign the agreement without the other party’s consent, except that Tyden may assign it in connection with a merger, reorganization, sale of substantially all relevant assets, or corporate restructuring, provided the successor assumes the applicable obligations.

2.23 Force majeure

Neither party is liable for delay or failure caused by events outside reasonable control, including natural disasters, widespread internet or telecommunications failures, cloud/provider outages, cyberattacks not caused by the affected party’s failure to use reasonable security, labor disputes, governmental action, or other force-majeure events. Payment obligations for already-delivered services are not excused.

2.24 Governing law and forum

Except where non-waivable law requires otherwise and subject to any valid arbitration provision, the agreement is governed by Kentucky law. Venue for court proceedings not subject to arbitration should be specified by counsel in a Kentucky state or federal court with appropriate jurisdiction.