Terms of Service

Agreement to Terms

By accessing or using Tikex ("the App"), you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access the App.

Description of Service

Tikex is a work order and ticket management application designed for service businesses. The App provides tools for:

• Creating and managing service tickets
• Tracking customer information and service history
• Managing inventory and stock levels
• Processing payments
• Sending email notifications (invoices, estimates, booking confirmations, receipts)
• Generating reports and analytics

Subscription and Billing

Tikex offers multiple subscription tiers with varying features and usage limits. Current pricing is displayed in the app's subscription screen. By subscribing:

• You authorize recurring charges to your payment method at the applicable rate
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period
• You can manage or cancel subscriptions through your Apple ID account settings or the app's subscription screen
• Refunds for App Store purchases are handled according to Apple's refund policies
• Usage limits (tickets, users, locations) apply based on your subscription tier
• Downgrading or cancelling does not entitle you to a prorated refund for the remaining period

User Responsibilities

You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Comply with all applicable laws and regulations
• Obtain consent before storing customer personal data
• Not use the App for any unlawful purpose
• Not attempt to circumvent subscription limits or security measures

Intellectual Property

The App and its original content, features, and functionality are owned by Tikex and are protected by international copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute the App without our express written consent.

Data and Privacy

Your use of the App is also governed by our Privacy Policy. You retain ownership of all data you enter into the App. We do not sell your personal data to third parties.

Payment Processing Disclaimer

Tikex is NOT a payment processor, bank, or financial institution. Tikex is a software tool that helps you record and manage business transactions. Important distinctions:

• Credit card payments are processed entirely by Stripe, a third-party payment processor. Tikex does not hold, transfer, or control any funds. All credit card transactions are subject to Stripe's terms of service and pricing.
• Cash payments are recorded by the app but involve physical currency handled solely by you and your customers. Tikex bears no responsibility for cash handling errors, discrepancies, theft, or disputes.
• You are solely responsible for verifying all payment amounts, providing correct change, and maintaining accurate financial records for tax and accounting purposes.
• Tikex does not guarantee the accuracy of payment calculations, tax computations, or financial reports generated by the App. You must independently verify all financial data.

Refund Responsibility

All refund decisions are made by you, the business owner. Important provisions:

• Tikex facilitates refund requests to Stripe for credit card payments but does not guarantee refund outcomes or timing.
• Cash refunds are recorded in the app but must be physically returned by you. The app does not transfer any funds.
• Tikex is not liable for any refund disputes between you and your customers.
• You are responsible for establishing and communicating your own refund policies to your customers.

Email and Notification Compliance

You are solely responsible for compliance with all applicable communications laws when using Tikex to send messages to your customers:

• You must obtain proper consent from your customers before sending them emails or push notifications through Tikex.
• You must comply with the CAN-SPAM Act and all applicable federal, state, and international regulations governing electronic communications.
• You must provide your customers with a way to opt out of receiving messages.
• Tikex is not responsible for messages sent without proper consent or in violation of any law.
• You agree to indemnify Tikex against any claims arising from your email or notification practices.

Customer Data Responsibility

You are the data controller for all customer information entered into Tikex. Tikex acts as a data processor on your behalf:

• You are responsible for the accuracy and legality of all customer data you collect and store, including names, phone numbers, email addresses, photos, and signatures.
• You must comply with all applicable privacy laws (GDPR, CCPA, and others) when collecting, storing, and processing customer data.
• You must inform your customers about how their data is used and obtain any required consents.
• Tikex provides tools for data management but does not verify the legality of your data collection practices.

Third-Party Services

The App integrates with third-party services including Stripe (payments), RevenueCat (subscriptions), Apple (in-app purchases and Sign in with Apple), and Google (Sign in with Google and Google Play purchases). Your use of these services is subject to their respective terms and policies. Tikex is not responsible for the availability, accuracy, or reliability of any third-party service.

Stripe Connect

If you connect your Stripe account through Tikex's Stripe Connect integration:

• You are independently establishing a relationship with Stripe and are subject to the Stripe Connected Account Agreement.
• Tikex collects a platform fee on transactions processed through connected accounts.
• Tikex does not guarantee the timing or success of fund transfers to your Stripe account.
• You are responsible for your Stripe account settings, tax reporting, and compliance.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIKEX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO TIKEX IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless Tikex, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

• Your use of or inability to use the Service
• Your violation of these Terms of Service
• Your violation of any applicable law or regulation
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any claim that your use of the Service caused damage to a third party
• Any disputes between you and your customers regarding payments, refunds, services, or data

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in the State of California, United States.

• Class Action Waiver: You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
• Jury Trial Waiver: You waive any constitutional and statutory right to go to court and have a trial in front of a judge or jury.
• Small Claims Exception: Either party may bring qualifying claims in small claims court.
• Costs: Each party shall bear its own costs of arbitration unless the arbitrator determines otherwise.

Warranty Disclaimer

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION, CONTENT, OR DATA OBTAINED THROUGH THE APP.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for violations of these Terms or for any other reason at our sole discretion. Upon termination, your right to use the App ceases immediately. You may export your data before termination by contacting support. Provisions that by their nature should survive termination shall survive, including but not limited to: indemnification, limitation of liability, warranty disclaimer, and dispute resolution.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Tikex regarding your use of the Service and supersede all prior agreements and understandings.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes through the App, via email, or by posting a prominent notice. Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If you do not agree with the changes, you must stop using the Service.

Governing Law

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

Contact Us

For questions about these Terms of Service, please contact us: