These Terms of Service ("Terms") govern your access to and use of the TagWise AI platform ("Service"), operated by Tech Easy IT LLC, an Ohio limited liability company ("we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

1. Definitions

"Service" refers to the TagWise AI web application, APIs, and all related services provided by Tech Easy IT.
"User," "you," or "your" refers to any individual or entity that accesses or uses the Service.
"User Content" refers to any data, text, images, files, tag information, asset descriptions, or other content you submit to the Service.
"Subscription" refers to the paid or free tier plan you select to access the Service.

2. Account Registration and Security

To use TagWise AI, you must sign in using a Google account via OAuth. You are responsible for maintaining the security of your Google account credentials and for all activities that occur under your account. You must notify us immediately at nick@techeasyit.com if you become aware of any unauthorized use of your account.

You must provide accurate and complete information when using the Service. You may not create an account on behalf of another person without their authorization, nor may you use the Service if you have been previously banned.

3. Subscriptions and Payments

3.1 Plans

TagWise AI offers a free tier with limited features and one or more premium subscription plans with enhanced capabilities. Details of each plan, including pricing and feature limits, are available on the Service.

3.2 Billing

Premium subscriptions are billed on a recurring basis (monthly or annually, as selected). All payments are processed through Stripe. By subscribing to a paid plan, you authorize Stripe to charge your payment method at the applicable rate on each billing cycle.

3.3 Cancellation and Refunds

You may cancel your subscription at any time through the Settings page or by contacting us. Cancellation takes effect at the end of your current billing period. You will retain access to premium features until the end of that period. Refunds are provided at our sole discretion and are not guaranteed for partial billing periods.

3.4 Price Changes

We reserve the right to modify subscription pricing. We will provide at least 30 days' notice of any price changes via email. Continued use of a paid plan after the price change takes effect constitutes acceptance of the new pricing.

4. Acceptable Use

You agree not to use the Service to:

Violate any applicable law, regulation, or third-party rights
Upload malicious code, viruses, or any harmful content
Attempt to gain unauthorized access to the Service, other accounts, or related systems
Interfere with or disrupt the integrity or performance of the Service
Use the Service to track individuals without their knowledge or consent
Reverse-engineer, decompile, or otherwise attempt to extract the source code of the Service
Scrape, crawl, or use automated means to access the Service beyond its intended interfaces
Circumvent or manipulate subscription limits, billing, or usage restrictions
Use the AI features to generate harmful, misleading, or illegal content

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated these acceptable use terms.

5. User Content and Data Ownership

You retain ownership of all User Content you submit to the Service. By submitting User Content, you grant us a limited, non-exclusive, worldwide license to store, process, and display your content solely for the purpose of providing and improving the Service.

You are solely responsible for the accuracy, legality, and appropriateness of your User Content. You represent that you have all necessary rights and permissions to submit the content you upload to the Service.

We do not claim ownership of your data. If you delete your account, we will delete your User Content in accordance with our Privacy Policy.

6. NFC/RFID Tag Usage

TagWise AI is designed to manage NFC and RFID tags for asset tracking purposes. You are responsible for ensuring that your use of NFC/RFID technology complies with all applicable laws and regulations, including but not limited to privacy laws regarding the tracking of persons or property.

We do not manufacture, sell, or distribute physical NFC/RFID tags. The Service provides software to manage tag data only. Any issues with physical tag hardware are the responsibility of the respective hardware manufacturer.

7. AI Features Disclaimer

TagWise AI includes artificial intelligence features powered by Google GenAI (via Genkit). These features provide suggestions, categorizations, and insights based on your data.

AI outputs are provided "as is" without warranty of any kind. AI-generated content may contain errors, inaccuracies, or inappropriate suggestions. You are solely responsible for reviewing, verifying, and deciding whether to act on any AI-generated output. We are not liable for any decisions, actions, or losses resulting from reliance on AI-generated content.

8. Data Security

We implement industry-standard security measures, including AES-256 encryption for data at rest and TLS/HTTPS for data in transit. For complete details on our security practices, please refer to our Privacy Policy.

While we use reasonable efforts to protect your data, we cannot guarantee that the Service will be completely secure or free from vulnerabilities. You acknowledge that no internet-based service can be 100% secure.

9. Intellectual Property

The Service, including its design, code, features, branding, logos, and documentation, is the intellectual property of Tech Easy IT LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

"TagWise AI" and the TagWise AI logo are trademarks of Tech Easy IT LLC. You may not use these marks without our prior written permission.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TECH EASY IT LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of (or inability to access or use) the Service
Any conduct or content of any third party on the Service
Unauthorized access, use, or alteration of your transmissions or data
Loss or damage to NFC/RFID tags, tracked assets, or associated data
Errors, inaccuracies, or omissions in AI-generated content or suggestions
Service interruptions, outages, or data loss
Any other matter relating to the Service

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Indemnification

You agree to indemnify, defend, and hold harmless Tech Easy IT LLC and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your User Content.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. You may terminate your account at any time through the Settings page or by contacting us.

Upon termination, your right to use the Service ceases immediately. We may, but are not obligated to, delete your User Content after termination. Sections of these Terms that by their nature should survive termination shall remain in effect, including but not limited to Sections 5, 10, 11, 12, 15, and 16.

14. Modifications to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and notify you by email or through the Service. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of the changes.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.

15.2 Exclusive Jurisdiction

For any claims not subject to binding arbitration (as described below), you and Tech Easy IT LLC consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Ohio. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

15.3 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, except as modified by this section. The arbitration shall be conducted by a single arbitrator and shall take place in the State of Ohio or, at the election of the claimant, be conducted remotely via videoconference or telephone.

The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including whether a claim is subject to arbitration. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

15.4 Individual Basis Only

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request for relief) must be severed from the arbitration and brought in the state or federal courts located in Ohio.

15.5 Class Action Waiver

YOU AND TECH EASY IT LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Tech Easy IT LLC agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, consolidated, or representative proceeding.

15.6 30-Day Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by sending written notice of your decision to opt out to nick@techeasyit.com with the subject line "Arbitration Opt-Out." Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of binding arbitration. If you opt out, all other provisions of these Terms will continue to apply to you, and both parties retain the right to pursue claims in the courts of Ohio as described in Section 15.2.

15.7 Exceptions to Arbitration

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Additionally, claims within the jurisdiction of a small claims court may be filed in such court instead of arbitration.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tech Easy IT LLC regarding the use of the Service and supersede any prior agreements or understandings.

18. Contact Us

If you have questions about these Terms of Service, please contact us:

Tech Easy IT LLC

Ohio, United States

Email: nick@techeasyit.com