Support Services Term of Use

Tech 42 

Support Services Terms of Use

Effective Date: 10-02-2026

These Support Services Terms of Use (these “Terms”) govern your use of our support services accessed through our website (the “Site”), including any content or information provided as part of the Site or such related product or services (collectively with the Site, the “Support Services”) which are owned or operated by Tech 42 LLC, with offices at 721 Walnut Lane, Woodstock, GA 30188 (“Tech 42”, “we”, “our” or “us”).

These Terms may apply to you individually, the business or other legal entity user you represent, or both. If you are using the Support Services on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to enter into these Terms on behalf of such entity.  By accessing, registering for or using the Support Services, you: (1) acknowledge that you have read and understand these Terms; (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us. As used in these Terms and unless separately identified as applicable to either an individual or entity, “Customer” and “you” and “your” refer to both you individually and the entity on behalf of which you are entering into these Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SUPPORT SERVICES. YOUR USE OF OUR SUPPORT SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME. BY SUBMITTING YOUR INFORMATION THROUGH OUR SITE AND PURCHASING THE SUPPORT SERVICES, YOU HEREBY AGREE TO THESE TERMS. 

For and in consideration of the promises, covenants, and obligations set forth in these Terms, and other good and valuable consideration, the receipt of which is hereby acknowledged, Tech 42 and Customer hereby agree as follows:

  1. Support Services. Subject to the terms and conditions of these Terms, Tech 42 will perform the Support Services as agreed to by the parties based on the package selected by you on the Site. The Support Services are a subscription and include availability to respond to troubleshooting, issues, questions or other related problem with Customer’s artificial intelligence and related software offerings. The Support Services do not include any implementation services or other development services. Such services shall be subject to a separate, execution agreement between the parties. The Support Services will be provided Monday through Friday during normal business hours (“Operating Hours”). Once a ticket is submitted, Tech 42 shall endeavor to promptly respond to your request within a reasonable period time during Operating Hours. 
  2. Fees. 
    1. In consideration for the Support Services, Customer shall pay Tech 42 the retainer amounts agreed to at purchase on the site for a number of hours of the Support Services to be performed by Tech 42 selected by Customer (“Monthly Allocated Hours”).  All payments must be made in advance. If you purchase the Support Services between the 1st and 15th of the month, you will be automatically charged again on the 1st of the immediately-following month. If you purchase the Support Services between the 16th and end of the month, you will be automatically charged again on the 1st of the second month following your purchase. For example purposes only, if your purchase is on November 6th, then your next payment will be owed on December 1st and if your if your purchase is on November 16th, then your next payment will be owed on January 1st. The Support Services are billed in advance on a monthly basis and are non-refundable, unless otherwise agreed to by the parties. Following the initial purchase, you will be billed on the 1st of each month of your subscription. Your subscription shall automatically renew each month, provided that you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect prior to the next billing period. You shall retain access to such Support Services from the time you cancel until the start of the next billing period, but you will not receive a refund or credit for any days remaining in your current billing period. You agree to reimburse us for all collection costs and interest for any overdue amounts. You also agree that Tech 42 and its third-party service providers providing payment processing services may store your payment information. Failure to pay may result in the termination of your subscription. You may cancel or suspend your Support Services by contacting Tech 42 at support@tech42consulting.com. Unless expressly stated to the contrary, we do not guarantee refunds for lack of usage, dissatisfaction or any other reason.
    2. Notwithstanding anything in these Terms to the contrary, you and Tech 42 expressly acknowledge and agree that: (1) you will owe Tech 42 the fees associated with the Monthly Allocated Hours for each month, regardless of whether or not Tech 42 performs its obligations in an amount that is less than or equal to the Monthly Allocated Hours in the applicable month; (2) in the event that Tech 42 works less than the total Monthly Allocated Hours for any applicable month, then those Monthly Allocated Hours expire and cannot be rolled over into any other month; and (3) in the event that in the performance of its obligations Tech 42 reaches the Monthly Allocated Hours for any applicable month, then Tech 42 may cease performing its obligations herein without being in breach until the parties enter into an additional order to purchase additional hours for Support Services.
  3. Duration of Terms. The term of these Terms shall begin as of your initial purchase of the Support Services and shall continue until terminated as set forth. These Terms may be terminated by either party by providing ten days advance written notice to the other party for any reason or for no reason. All fees are non-cancellable and non-refundable. Upon any termination of these Terms, for any reason, all rights and obligations of the parties hereunder and all Support Services shall cease, provided that (a) each party shall return or destroy the Confidential Information of the other party in its possession or under its control; and (b) Sections 1, 3, 4, 5, 6, 7.1, 7.2, 7.3 and 8 shall survive any termination of these Terms.
  4. Confidentiality. By virtue of these Terms, the parties may be exposed to or provided with certain Confidential Information of the other party. Each party will protect the other’s Confidential Information from unauthorized dissemination and use with the same degree of care that each such party uses to protect its own Confidential Information, but in no event less than a reasonable amount of care. Except as required by law, neither party will use the other’s Confidential Information for purposes other than those necessary to provide the Support Services or otherwise directly further the purposes of these Terms. Except as otherwise expressly set forth in these Terms, neither party will disclose to third parties the other’s Confidential Information without prior written consent of the other party. Each party shall cause their respective personnel to be bound by obligations of confidentiality at least as restrictive as set forth in these Terms. “Confidential Information” means any information, including any trade secrets, of a party and its affiliates, and their personnel, suppliers, or customers that is both (i) of value to its owner and is treated as confidential and (ii) either identified as confidential or proprietary or that, based on the circumstances of the disclosure or the nature of the information, a reasonable person would understand that such information should be treated as confidential. Confidential Information shall not include information that the receiving party is ordered by an administrative agency or other governmental body of competent jurisdiction to disclose. Confidential Information shall not include information that (a) was already known to the receiving party, without obligations to keep such information confidential, at the time of receiving party’s receipt from the disclosing party, (b) was received by the receiving party in good faith from a third party lawfully in possession thereof and having no obligation to keep such information confidential; (c) was publicly known at the time of the receiving party receipt from the disclosing party or has become publicly known other than by a breach of these Terms; or (d) the information was independently developed without reference to the Confidential Information.
  5. Proprietary Rights. Tech 42 and its suppliers retain sole and exclusive ownership of their respective Confidential Information and Support Services and all intellectual property rights in, to, or embodied in or associated with the Support Services, and all copies and modifications thereof (whether developed by Tech 42, Customer, or a third party), except for any Customer Confidential Information that is incorporated into the Support Services. Notwithstanding anything to the contrary, any suggestions or proposed modifications to the Support Services or its documentation provided by Customer to Tech 42 may be freely used by Tech 42 without limitation, and any modification to the Support Services or its documentation resulting from such suggestions or proposed modifications shall be exclusively owned by Tech 42.
  6. Disclaimers of Warranties. THE SUPPORT SERVICES ARE PROVIDED TO CUSTOMER “AS IS” AND WITH ALL FAULTS. NEITHER TECH 42 NOR ITS LICENSORS MAKES ANY EXPRESS OR IMPLIED WARRANTY, REPRESENTATION, CONDITION, OR AGREEMENT WITH RESPECT TO THE SUPPORT SERVICES. TECH 42 AND ITS LICENSORS EXPRESSLY DISCLAIM AND EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM USAGE, CONDUCT, OR COURSE OF DEALING OR TRADE. TECH 42 DOES NOT REPRESENT THAT THE USE OR OPERATION OF THE SUPPORT SERVICES BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.
  7. Limitation of Liability.
    1. EXCEPT AS PROHIBITED BY LAW OR FOR CLAIMS ARISING UNDER SECTION 4, TECH 42, ITS LICENSORS, AND OTHER SUPPLIERS SHALL NOT BE LIABLE TO CUSTOMER, END USERS, OR ANY THIRD PARTY, FOR ANY: (A) SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES FOR ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT OR TORT REGARDLESS OF WHETHER TECH 42 HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES OR LIABILITIES, OR (B) AMOUNTS IN EXCESS OF THE TOTAL AMOUNTS PAID BY CUSTOMER TO TECH 42 DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM . 
    2. Notwithstanding the foregoing, each party shall be fully responsible for bodily injury, including death, or real or tangible personal property damage resulting from the negligent or intentional tortious acts or omissions of its personnel.
    3. Customer waives any and all proprietary right or interest in any changes, suggestions, or comments communicated by Customer to Tech 42 and assigns to Tech 42 any and all rights therein.  Customer acknowledges and agrees that the allocation of risks provided in these Terms are reflected in the fees charged, if any, for the Support Services, that Tech 42 is unable to test the Support Services under all possible circumstances, that Tech 42 cannot control the manner in which and the purpose for which Customer shall use the Support Services, and that the allocation of risks under these Terms are reasonable and appropriate under the circumstances. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THE AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 7 AND SECTION 6 ABOVE WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS.
  8. General Provisions. These Terms shall be governed by and construed in accordance with the internal laws of the State of Georgia, U.S.A, without giving effect to any choice or conflict of law provision or rule. The parties agree that if Section 4 or any Section of these Terms involving proprietary rights are breached, the non-breaching party will suffer immediate and irreparable damage that will not be adequately compensated by money damages alone, and therefore, either party, in addition to any other legal or equitable remedies, shall be entitled to seek an injunction or similar equitable relief against such breach or threatened breach, without providing a bond.  A waiver by either party of any covenant or breach shall not be construed to be a waiver of any succeeding breach or any breach of any other covenant. If any provision in these Terms is invalid or unenforceable, that provision shall be construed, limited, modified, or severed to the extent necessary to eliminate its invalidity or unenforceability, and the other provisions of these Terms shall remain in full force and effect. Neither party may assign, transfer or delegate any or all of its rights or obligations under these Terms, without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed; provided that upon prior written notice to the other party, either party may assign these Terms to an affiliate of such party or to a successor of all or substantially all of the assets of such party through merger, reorganization, consolidation or acquisition. No assignment shall relieve the assigning party of any of its obligations hereunder. Any attempted assignment, transfer or other conveyance in violation of the foregoing shall be null and void. These Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. You acknowledge and agree that Tech 42 may provide notices and other disclosures to you electronically by emailing it to you at any email address provided to Tech 42 by you. Such notices or other disclosures shall be considered received by you twenty-four (24) hours following the email being sent to you. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy. All notices shall be in English and shall be effective upon receipt. We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of these Terms. Such modification shall be effective immediately upon posting. As your next use of the Support Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you use the Support Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record or when you log-in to your account. Your use or continued use of the Support Services following the posting or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies. From time to time, the Support Services may contain references or links to third-party materials not controlled by Tech 42 or its suppliers or licensors. Tech 42 provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that Tech 42 is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Support Services. You are responsible for evaluating whether you want to access or use any third party sites or materials. Accordingly, if you decide to use third party sites or materials, you do so at your own risk and agree that these Terms does not apply to your use of any third party sites or materials. You should review any applicable terms or privacy policy of a third party sites or materials before using it or sharing any information. These Terms represents the entire understanding of the parties concerning the subject matter hereof and supersedes all prior communications and agreements, whether oral or written, relating to the subject matter of these Terms.

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