The terms and conditions (“Terms of Service”) contained in this document represents a legal binding understanding and complete agreement between you (“The User”), Tayva Technology Group LLC (“The Company”) and PI Direct Link (“The Service”). These terms define collectively the use of The Service and The User is subject to these terms including any future revisions or changes to the Terms of Service. Any violation of the Terms of Service may result in immediate suspension and/or termination of your service. The Company will not be liable for any issues arising from violations of the Terms of Service.
Tayva Technology Group LLC reserves the right to change or modify this agreement without notice to The User. We will make all reasonable attempts to notify The User, however receipt or non-receipt of such notice does not affect The Users agreement to the Terms of Service. Any upgrades, enhancements, or new features that may be added to The Service are subject to the Terms of Service.
Use of PI Direct Link Services
The Service is copyrighted and is the intellectual property of its rightful owners. You may not transmit, duplicate, reproduce, copy, or utilize any part of The Service for any purpose outside of the scope of The Service. This includes designs, logos, fields, text, screen layouts, navigation, information and any and all information contained within the system. Any use outside of this agreement may not be initiated without the express written consent of the rightful owner of the PI Direct Link system.
You may not use this system for any purpose that may be considered illegal by a reasonable person or which may violate the laws of any local, state, or federal jurisdiction. This includes the transmission of computer related attacks such as viruses, Trojan horses, and worms. Any determination of violations is at the sole discretion of PI Direct Link and we reserve all rights to investigate any violation.
Usernames and Passwords
You are encouraged to keep your username(s) and password(s) confidential. We encourage you to ensure your staff and/or company users maintain a strict level of confidentiality in regards to their username and password for The Service. The User is responsible for keeping the confidentiality of their system login credentials. PI Direct Link cannot and will not be liable for any damage, loss, disclosure of company information, disclosure of personal information, or other breach due to The Users failure to implement and comply with this login confidentiality process.
Payments & Refunds
Payments are collected on a monthly basis at the time of sign up and on the last day of the month. Due to the nature of The Service, billing is done in advance and is non-refundable. No credits or refunds will be given for increments or partial periods of service. No credits or refunds will be provided for day(s) or periods of time during the month in which The User does not utilize or login to The Service. Please contact us at sales@pidirectlink in order to change or cancel your existing service.
Changes in Subscription/Service Plans
If you change your subscription plan you will be immediately billed when upgrading. When downgrading, your new rate will be charged during the next billing cycle. We recommend that you change your plan around your billing date in order to maximize your system usage. Please note that if you downgrade your service, there may be features and functionality that you will no longer have access to. PI Direct Link is not responsible and accepts no liability for any loss of data or features you may experience due to subscription or plan downgrades. If certain tasks are requested and deemed to be specific to an individual customer, the customer may be asked to provide payment equal to the currently hourly fee for our development team.
Changes in Services and Pricing
The company reserves the right to discontinue or modify the service at any given time without notice or reason. The company can at any time without notice change subscription pricing. Current customers will be notified in writing 15 days prior to any pricing changes.
Privacy Best Practices
Tayva Technology Group recommends, as best practices, you do not enter full SSN numbers or other complete identifiers into the system. Functionality within the system provides a way to mask portions of the number and we recommend you do so. Tayva Technology Group is not liable for any damages resulting from a user entering full social security numbers within the system.
All case information and information related to the operations of the customer is strictly confidential. This information is encrypted and is not viewable by members of Tayva Technology Group. The User retains all ownership rights regarding this information. The User retains the rights of ownership to any data or information that is submitted during the normal use of The Service. The Company or The Service does not claim any ownership rights to such data or information. This data will remain accessible as long as The User remains a paid account holder of The Service. Once the account is cancelled, the all information submitted during the course of using The Service will be destroyed.
Warranty Disclaimer; Remedies; Release
You expressly agree that the products are provided on an “as is” and “as available” basis. Use of the products and any reliance by you upon the products, including any action taken by you because of such use or reliance, is at your sole risk. We do not warrant that the use of any product will be uninterrupted or error free, nor do we make any warranty as to the results that may be obtained from use of the same. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement. No statement or information, whether oral or written, obtained from us in any means or fashion shall create any warranty not expressly and explicitly set forth in this agreement.
You are solely responsible for your use of the products in compliance with the license and/or terms and conditions of any third parties or third party services (including your email and/or social networking providers), and we shall have no liability of any nature whatsoever for your compliance with or breach of the same.
We do not endorse and are not responsible for (i) the accuracy or reliability of any opinion, advice or statement made by anyone other than us, (ii) any content provided by any third party or (iii) any event hosted, the results of any survey, or any product or service purchased or otherwise obtained from any third party, including our customers. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the products or obtained from a third party.
No claim may be asserted by you against us more than 12 months after the date of the cause of action undrelying such claim. Your sole and exclusive remedy for any failure or nonperformance of the products shall be for us to use commercially reasonable efforts to adjust or repair the products.
To the extent the law permits, you release us from any claims or liability related to any content posted on your site or in any materials you send using our products and from any claims related to the conduct of any other customers of ours or their respective subscribers. You hereby waive California civil code section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction).
Limitation of Liability
Except with respect to death or personal injury due to the negligence of The Company, to the maximum extent permitted by applicable law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall constant contact or any of its underlying service providers, business partners, third party suppliers and providers, account providers, licensors, officers, directors, employees, distributors or agents (collectively referred to for purposes of this section as “constant contact”) be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if constant contact shall have been informed of the possibility of such damages, or for any claim by any other party, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the maximum aggregate liability of constant contact to you arising in connection with this agreement shall be limited to the amount you paid for the applicable product in the 12 months prior to the accrual of the applicable claim, less any damages previously paid by constant contact to you in that 12 month period. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
You agree that PI DirectLink has set its prices and entered into the Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.
If you have any questions regarding the Terms of Service, please contact us at Privacy@pidirectlink.com