Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the TryTami website at trytami.com (the "Site"), the TryTami training management platform, and any related services (collectively, the "Services") offered by Tami Software Inc. ("TryTami," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility and accounts

The Services are intended for businesses and authorized individuals acting on behalf of a business. You must be at least 18 years old to create an account. You are responsible for safeguarding account credentials and for all activity that occurs under your account. Notify us promptly at sales@trytami.com if you suspect unauthorized use.

2. Customer agreements

Paid use of the TryTami platform is governed by a separate customer agreement (a Master Subscription Agreement, Order Form, or similar document) executed between TryTami and the customer. In the event of a conflict between these Terms and a signed customer agreement, the customer agreement controls for that customer.

3. License to use the Services

Subject to your compliance with these Terms and any applicable customer agreement, TryTami grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. We retain all rights, title, and interest in and to the Services and the underlying intellectual property.

4. Acceptable use

You agree not to:

• Use the Services in violation of applicable law or these Terms.
• Reverse engineer, decompile, or attempt to extract source code, except where prohibited by law.
• Resell, sublicense, or commercially exploit the Services without written permission.
• Interfere with or disrupt the integrity or performance of the Services.
• Attempt to gain unauthorized access to the Services, related systems, or other accounts.
• Upload viruses, malware, or other harmful code, or scrape data using automated means without permission.
• Use the Services to send spam, phish, or otherwise harm third parties.

5. Customer data

As between you and TryTami, you retain all rights in data you submit to the Services ("Customer Data"). You grant TryTami a license to use Customer Data solely to provide and improve the Services in accordance with our Privacy Policy and any applicable customer agreement.

6. Third-party services

The Services may integrate with third-party services (e.g., calendar providers, payment processors, email senders). Your use of those services is governed by their own terms. TryTami is not responsible for the availability, content, or practices of third-party services.

7. Fees, billing, and termination

Fees, billing terms, and termination rights for paid use of the platform are set out in the applicable customer agreement. For free or trial use of the Site, we may modify or discontinue access at any time.

8. Confidentiality

Each party agrees to protect the other's confidential information using the same degree of care it uses to protect its own confidential information of like importance, and at minimum a reasonable standard of care. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRYTAMI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRYTAMI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES. TRYTAMI'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO TRYTAMI FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.

11. Indemnification

You agree to defend, indemnify, and hold harmless TryTami, its officers, directors, employees, and agents, from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your violation of these Terms or your misuse of the Services.

12. Changes to the Services and to these Terms

We may modify the Services and these Terms from time to time. We will provide notice of material changes by posting the updated Terms on this page with a revised effective date or by other reasonable means. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

13. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute arising out of or relating to these Terms, except as otherwise provided in a signed customer agreement.

14. Miscellaneous

These Terms constitute the entire agreement between you and TryTami regarding the Services (subject to any signed customer agreement). If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign these Terms without our prior written consent.

15. Contact

Questions about these Terms? Reach out at sales@trytami.com or book a call.