These Terms of Service ("Terms") govern your access to and use of the website and services provided by TGAND Technologies LLC ("TGAND", "we", "us", or "our"). By using our website or engaging us for services, you agree to these Terms.
1. Eligibility and account
You must be at least 18 years old and authorized to enter into a binding contract on behalf of your organization. You are responsible for maintaining the confidentiality of any credentials issued to you and for all activity under your account.
2. Services
TGAND provides B2B lead generation, cold email outbound, social media appointment setting, SDR-as-a-Service, and related advisory services. The specific scope, deliverables, fees, and term applicable to a paid engagement will be described in a separate order form, statement of work, or proposal (the “Order”). In the event of a conflict, the Order controls over these Terms with respect to that engagement.
3. Acceptable use
You agree not to misuse the website or services, including by:
- Violating any applicable law, regulation, or third-party right.
- Attempting to gain unauthorized access to any account, system, or data.
- Interfering with, disrupting, or overloading the website or services.
- Using the services to send unlawful, harassing, defamatory, or deceptive content.
- Submitting a phone number for SMS communications without authority to use that number or without the recipient's consent.
- Reverse engineering, scraping, or copying the site beyond what is permitted by law.
4. Client responsibilities
If you engage us for outbound or appointment-setting services, you agree to provide accurate information, lawfully obtained materials, and any approvals we reasonably need. You confirm that you have the right to use any data, brand assets, offers, and content you supply, and that your products and services comply with applicable law.
5. SMS marketing terms
If you opt in to receive SMS messages from TGAND Technologies, you agree to receive recurring marketing text messages, service follow-ups, educational resources, promotional offers, event notifications, and appointment-related messages at the phone number you provide. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe and HELP for help. You represent that you are the account holder or customary user of the phone number submitted and that you are authorized to consent to receive text messages at that number.
6. Fees and payment
Fees, payment terms, and billing cycle are set out in your Order. Unless stated otherwise, fees are quoted in U.S. dollars, are non-refundable, are exclusive of taxes, and are due within the terms specified on the invoice. Late amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.
7. Intellectual property
TGAND retains all right, title, and interest in and to our website, services, methodologies, templates, software, playbooks, and other proprietary materials. Subject to your payment of all fees, you receive a non-exclusive, non-transferable license to use the deliverables produced for you under an Order solely for your internal business purposes. You retain ownership of materials you supply to us, and you grant us a license to use them as needed to deliver the services.
8. Confidentiality
Each party agrees to protect the other party's non-public information disclosed in connection with the services using at least the same degree of care it uses to protect its own confidential information, and to use it only as needed to perform under these Terms or the Order.
9. Third-party services
Our services may involve or link to third-party tools (e.g., email infrastructure, CRMs, analytics). We are not responsible for third-party services and your use of them is governed by the third party's terms.
10. Disclaimers
THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TGAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE ANY SPECIFIC NUMBER OF MEETINGS, OPPORTUNITIES, OR REVENUE OUTCOMES.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TGAND'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES PAID BY YOU TO TGAND IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL TGAND BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnification
You agree to defend, indemnify, and hold harmless TGAND and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of these Terms, your misuse of the services, or your violation of any law or third-party right.
13. Termination
We may suspend or terminate your access to the website or services at any time for breach of these Terms or as set out in your Order. Upon termination, the rights granted to you will cease, and any provisions that by their nature should survive (including IP, confidentiality, disclaimers, limitations, and indemnities) will survive.
14. Governing law and disputes
These Terms are governed by the laws of the State of Nevada, U.S.A., without regard to conflict-of-laws principles. The state and federal courts located in Clark County, Nevada will have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party consents to personal jurisdiction and venue there.
15. Changes
We may update these Terms from time to time. The “Effective Date” at the top reflects the latest version. Material changes will be highlighted on this page. Your continued use of the website or services after a change becomes effective constitutes acceptance of the updated Terms.
16. Contact
Questions about these Terms? Contact TGAND Technologies LLC at 361 Borgato Ct, Las Vegas, Nevada 89145, United States.