1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Triumph Interactive Inc. ("Company," "we," "our," or "us") concerning your access to and use of our website, services, and consulting offerings.
By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our services.
2. Services Description
Triumph Interactive Inc. provides technology consulting services, including but not limited to:
- Software development and engineering services
- Digital marketing and strategy consulting
- Data analytics and data science solutions
- E-commerce development and optimization
- Technology infrastructure consulting
- Custom software solutions and integrations
The specific scope of services will be defined in individual service agreements or statements of work.
3. Use of Services
3.1 Eligibility
You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these requirements.
3.2 Account Responsibilities
If you create an account with us, you are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access or security breach
- Providing accurate and current information
3.3 Acceptable Use
You agree not to:
- Use our services for any illegal or unauthorized purpose
- Violate any applicable laws, regulations, or third-party rights
- Interfere with or disrupt the operation of our services
- Attempt to gain unauthorized access to our systems or networks
- Transmit any viruses, malware, or harmful code
- Impersonate any person or entity or misrepresent your affiliation
- Engage in any activity that could harm our reputation or business
4. Intellectual Property Rights
4.1 Our Intellectual Property
All content, features, and functionality on our website and in our services, including but not limited to text, graphics, logos, software, and design elements, are owned by Triumph Interactive Inc. or our licensors and are protected by copyright, trademark, and other intellectual property laws.
4.2 Client-Provided Materials
You retain ownership of any materials, data, or content you provide to us. By providing such materials, you grant us a limited license to use them solely for the purpose of delivering our services to you.
4.3 Work Product
Ownership of deliverables and work product created under a service engagement will be specified in the applicable service agreement or statement of work.
5. Payment Terms
5.1 Fees and Pricing
Fees for our services will be specified in individual service agreements, proposals, or statements of work. All fees are quoted in U.S. Dollars unless otherwise specified.
5.2 Payment Obligations
- Payment is due according to the terms specified in your service agreement
- Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower
- You are responsible for all applicable taxes, unless exempted by law
- All fees are non-refundable unless otherwise stated in writing
5.3 Expenses
Unless otherwise agreed, you will reimburse us for reasonable pre-approved expenses incurred in connection with providing services to you.
6. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation includes:
- Not disclosing confidential information to third parties without prior written consent
- Using confidential information only for the purposes of the business relationship
- Taking reasonable measures to protect confidential information
- Returning or destroying confidential information upon request or termination of services
Confidential information does not include information that is publicly available, independently developed, or rightfully obtained from third parties. The obligation to protect the confidentiality of Proprietary Information shall extend for a period of five (5) years following a party's receipt of Proprietary Information.
7. Warranties and Disclaimers
7.1 Our Warranties
We warrant that we will perform our services in a professional and workmanlike manner consistent with industry standards.
7.2 Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR A SERVICE AGREEMENT, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability or fitness for a particular purpose
- Warranties of uninterrupted or error-free service
- Warranties that our services will meet your specific requirements
- Warranties regarding the accuracy or reliability of any information obtained through our services
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- IN NO EVENT SHALL TRIUMPH INTERACTIVE INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION
- OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THE APPLICABLE SERVICE AGREEMENT
- THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH LIABILITY IS BASED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
9. Indemnification
You agree to indemnify, defend, and hold harmless Triumph Interactive Inc., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of our services
- Your violation of these Terms
- Your violation of any rights of another party
- Any materials or content you provide to us
10. Term and Termination
10.1 Term
These Terms remain in effect while you use our services or maintain an account with us.
10.2 Termination
Either party may terminate the business relationship by providing written notice as specified in the applicable service agreement. We may suspend or terminate your access to our services immediately if:
- You violate these Terms
- You fail to make required payments
- Your actions pose a security or legal risk
- We are required to do so by law
10.3 Effect of Termination
Upon termination:
- Your right to use our services will immediately cease
- You remain obligated to pay any outstanding fees
- Provisions that by their nature should survive termination will continue in effect
11. Dispute Resolution
11.1 Informal Resolution
In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties agree to first attempt to resolve the matter through good faith negotiations.
11.2 Court Resolution
Failing such efforts, the parties agree and consent to exclusive venue and jurisdiction in the State and Federal courts of North Carolina and each party waives any defense of inconvenient forum in connection with such proceedings. Legal proceedings shall take place in North Carolina, USA, and judgment on the award may be entered in any court having jurisdiction.
11.3 Exceptions
Either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of North Carolina, including its recognition of applicable federal law, but excluding such jurisdiction's choice of law rules. Any legal action or proceeding relating to these Terms shall be brought exclusively in the courts located in North Carolina, USA.
13. General Provisions
13.1 Entire Agreement
These Terms, together with any service agreements or statements of work, constitute the entire agreement between you and Triumph Interactive Inc. regarding our services and supersede all prior agreements and understandings.
13.2 Amendments
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after changes become effective constitutes acceptance of the revised Terms.
13.3 Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
13.4 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13.5 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
13.6 Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, government actions, or internet service failures.
13.7 Independent Contractors
The relationship between you and Triumph Interactive Inc. is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
14. Contact Information
If you have any questions about these Terms and Conditions, please contact us:
Triumph Interactive Inc.
Email: email
Phone: phone
Address: address
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.