TIH Foundation Workspace
Terms of Use and Subscription Agreement
These Terms of Use and Subscription Agreement (the Terms) govern your access to and use of the TIH Foundation Workspace, also referred to as TIH Workspace or the Workspace, and the website located at www.tihworkspace.com, together with all related pages and subdomains (collectively, the Sites). The Workspace and the Sites are owned and operated by TIH Industries LLC, a Texas limited liability company (“TIH,” “we,” “us,” or “our”).
Please read these Terms carefully. By creating an account, starting a trial, purchasing a subscription, or otherwise accessing or using the Workspace or the Sites, you agree to be bound by these Terms. If you do not agree, you must not access or use the Workspace or the Sites.
1Acceptance and Eligibility
You accept these Terms when you take any of the following actions: you check a box indicating acceptance, you create an account, you begin a free trial, or you complete a purchase. If you accept these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and “you” refers to that entity.
You must be at least eighteen years of age and capable of forming a binding contract to use the Workspace. The Workspace is a business product and is not directed to consumers acquiring services for personal, family, or household purposes.
2Definitions
Account means the registered profile through which you access the Workspace.
Client Data means the contacts, records, content, files, and information that you or your authorized users submit to, store in, or generate through the Workspace, including personal data relating to your own customers, prospects, and contacts.
Subscription means a recurring, paid plan for ongoing maintenance of the Workspace at the tier you select.
Setup Services means the initial build, configuration, or migration work performed by TIH, which is a separate paid service governed by a separate written proposal or statement of work and is never included in the Subscription fee.
Third-Party Platforms means the software platforms and services on which the Workspace depends or with which it integrates, including the underlying white-label platform and the payment, communication, scheduling, and analytics services described in our Privacy Policy.
3The Sites and Permitted Use
Subject to your compliance with these Terms, TIH grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Sites and the Workspace for your internal business purposes. You may permit your employees and authorized personnel to access your Account on your behalf, and you remain responsible for their compliance with these Terms.
You agree not to: (a) copy, reproduce, resell, sublicense, or make the Workspace available to any third party except your authorized users; (b) reverse engineer, decompile, or attempt to derive the source code or underlying structure of the Workspace or the Sites; (c) access the Workspace to build or support a competing product or service; (d) circumvent usage limits, share credentials outside your Account, or exceed the contact or usage limits of your tier; (e) upload malicious code or interfere with the operation, security, or integrity of the Workspace, the Sites, or the Third-Party Platforms; or (f) use the Workspace in violation of any applicable law or the Acceptable Use provisions in Section 10.
4Description of the Workspace
The Workspace is a white-label customer relationship management system that TIH configures and maintains for you on a recurring basis. Subscriptions are offered at two maintenance tiers, Baseline and Revenue Engine, each with the scope of included services published on our pricing pages at the time of purchase. Both tiers are maintenance only.
Setup Services are separate and are never bundled into or implied by the monthly Subscription fee. TIH does not represent that any initial build, done-for-you setup, or data migration is included in the monthly fee. Any such work is quoted and invoiced separately under a written proposal or statement of work.
Intended use and location. The Workspace is intended for clients located in the United States processing data about United States persons. If your Client Data includes personal data of individuals located in the European Union or the United Kingdom, you must contact TIH to put a separate data protection addendum in place before processing that data through the Workspace.
5Free Trial
If you start a free trial, the trial provides access to the free-plan features of the underlying platform only. Full Workspace features, paid-tier functionality, and any templates selected or configured for your business are not available during the trial and activate only after you upgrade to a paid Subscription. No payment is required to begin the trial. TIH may modify or discontinue trial availability at any time.
6Subscription, Fees, and Billing
6.1 Fees and Billing Cycle
Subscription fees are stated on our pricing pages and are billed in advance on a recurring monthly basis. By starting a paid Subscription, you authorize TIH and its payment processors to charge your designated payment method for the recurring fee at the start of each billing period until you cancel in accordance with Section 8.
6.2 Automatic Renewal
Your Subscription renews automatically at the end of each monthly billing period at the then-current rate for your tier, unless and until you cancel in accordance with Section 8. You acknowledge that your Subscription is a recurring charge that continues until cancelled.
6.3 Price Changes
TIH may change Subscription fees. TIH will provide notice of any fee increase at least thirty days before it takes effect, sent to the email address associated with your Account. A fee change takes effect at your next billing period on or after the effective date of the change. If you do not agree to a fee change, your remedy is to cancel before the change takes effect.
6.4 Usage Limits and Overage
Please note this billing mechanic. Each tier includes the contact and usage limits published at the time of purchase. If your usage exceeds the limits of your tier, TIH will notify you at the email address associated with your Account and provide three days to reduce your usage. If your usage is not reduced within those three days, TIH may upgrade your Subscription to the appropriate tier and bill the corresponding fee for the remainder of the billing period. By starting a paid Subscription, you consent to this usage-based upgrade and the resulting charge.
6.5 Out-of-Scope Work and Additional Tools
Services outside the scope of your tier, and any tools or services outside the standard Workspace stack, are quoted and billed separately. TIH does not absorb the cost of new tools or services requested by you. Any such work proceeds only after you approve the separate quote.
6.6 Failed Payments
If a payment fails, TIH may retry the charge and may suspend access to the Workspace until payment is received. Suspension for non-payment does not relieve you of the obligation to pay fees accrued before suspension.
6.7 Taxes
Subscription fees are exclusive of applicable sales, use, and similar taxes. You are responsible for all such taxes associated with your purchase, except for taxes based on TIH's net income. Where TIH is required to collect such taxes, they will be added to your invoice.
7Setup and Build Services
Any Setup Services, initial build, or migration work is governed by a separate written proposal or statement of work signed or otherwise accepted by you. That document controls the scope, deliverables, timeline, and payment terms for that work. In the event of a conflict between these Terms and a signed proposal or statement of work, the signed proposal or statement of work controls, but only as to the specific engagement it describes.
8Term, Cancellation, and Termination
8.1 Cancellation by You
You may cancel your Subscription with thirty days' written notice. Written notice means an email to contact@tihindustries.com, a cancellation request submitted through the cancellation form provided on the Sites or in your Account, or a formal letter to the mailing address in Section 20. A text message is not accepted as written notice. Cancellation takes effect at the end of the thirty-day notice period. You remain responsible for fees through the effective date of cancellation.
8.2 No Refunds
The Workspace is a service that you pay for in advance. All Subscription fees are non-refundable, and fees are not prorated for partial months. Cancellation stops future billing; it does not refund fees already paid.
8.3 Termination for Cause
Either party may terminate for a material breach by the other party if the breach remains uncured thirty days after written notice describing it. TIH may suspend or terminate your Account immediately, without a cure period, for non-payment, for a violation of the Acceptable Use provisions in Section 10, or where continued service would violate law or the terms of a Third-Party Platform. Either party may terminate immediately if the other party becomes insolvent or subject to bankruptcy proceedings.
8.4 Effect of Termination and Data Export
Upon cancellation or termination, your right to access the Workspace ends. If you make a written request within thirty days after the effective date of termination, TIH will provide you a copy of your Client Data in a commonly used format, or reasonable access to retrieve it, provided your Account is current on all fees owed. After that thirty-day window, TIH has no obligation to retain your Client Data and may delete it in the ordinary course, subject to the retention terms of the Privacy Policy and the Data Processing Addendum.
9Client Data and Ownership
As between you and TIH, you own and retain all rights to your Client Data. These Terms do not grant TIH any ownership of your Client Data. You grant TIH a limited, non-exclusive license to access, store, process, and use your Client Data solely as necessary to provide, maintain, secure, and support the Workspace, and as directed by you. Your Client Data is handled in accordance with our Privacy Policy and, where applicable, the Data Processing Addendum, both available on our privacy page.
TIH owns and retains all rights to the Workspace itself, including its templates, frameworks, configurations, workflows, system architecture, and all related intellectual property (the TIH Materials). You receive no ownership of the TIH Materials. Any configuration TIH builds for you remains part of the TIH Materials, licensed to you for the duration of your Subscription.
10Acceptable Use
Your use of the Workspace is subject to this Acceptable Use section. A violation of this section is a material breach of these Terms and may result in immediate suspension or termination.
10.1 Artificial Intelligence
The Workspace and TIH's services may use artificial intelligence to generate content, snapshots, drafts, notes, and recommendations. You acknowledge and agree to the following:
You are responsible for reviewing all AI-generated output before you rely on it, publish it, or send it to any third party. AI output may contain errors and is provided without a warranty of accuracy.
You will not use the Workspace or any AI feature as part of an automated decision-making process that produces legal or similarly significant effects about a person, unless a qualified human being makes the final decision and you are transparent with the affected person about the role of the AI.
You will not use the Workspace or any AI feature to generate individualized advice that in the ordinary course would be provided by a licensed professional, including legal, medical, or financial advice, for delivery to a consumer or end user without appropriate licensed human review.
If you are a licensed or regulated professional, you remain solely responsible for compliance with your professional conduct rules and sector regulations, including as applicable rules of professional responsibility, health-privacy safeguards, and financial-services conduct and recordkeeping rules.
Where your use of an AI feature interacts directly with your own customers, you should tell those customers when they are interacting with artificial intelligence, as a matter of good practice and applicable law.
TIH does not develop or deploy the artificial-intelligence features of the Workspace with the intent to discriminate against a protected class or to infringe any person's constitutional rights.
10.2 Email and Text Message Compliance
If you use the Workspace to send email or text-message campaigns, you are solely responsible for the following, and you warrant that you will:
Obtain, document, and maintain all consents required to contact each recipient, including for any contacts you import or add manually.
Honor opt-out and revocation requests promptly and by any reasonable means the recipient uses to communicate the request, and maintain suppression lists accordingly.
Comply with all applicable laws and industry and carrier requirements governing commercial email and text messaging.
You will not upload purchased, rented, scraped, or otherwise non-consented contact lists to the Workspace. You are solely responsible for your sending practices and for the contacts you load into your Account.
10.3 Prohibited Content and Conduct
You will not use the Workspace to create, store, or distribute content related to pornography, gambling, illegal products or services, violence, exploitation, or any activity that promotes illegal acts or fraud. You will not store payment card numbers, protected health information, government identification numbers, or other highly sensitive data in fields not designated for it. You will not use the Workspace in any manner that, in the reasonable judgment of TIH or the underlying platform, negatively affects other users or the stability of the service. TIH may remove content or suspend access, without notice, for a violation of this section.
Sensitive personal data. You will not upload or process sensitive personal data, as defined under Texas Business and Commerce Code Section 541.001, through the Workspace unless you have first obtained and documented the prior consent of the affected individuals as required by applicable law. You are solely responsible for obtaining and maintaining that consent.
11Third-Party Platforms and Service Availability
The Workspace is built on and depends upon Third-Party Platforms that TIH does not own or control. TIH does not warrant that the Workspace or any Third-Party Platform will be uninterrupted, error-free, or available at any particular level. Outages, changes, suspensions, or discontinuations of a Third-Party Platform are outside TIH's control and do not constitute a breach of these Terms by TIH. Your use of a Third-Party Platform may also be subject to that platform's own terms.
12Intellectual Property
The Sites, the Workspace, the TIH Materials, and all associated trademarks, logos, text, graphics, and software are owned by TIH or its licensors and are protected by United States and international intellectual property laws, including the exclusive rights of a copyright owner under 17 U.S.C. Section 106. Nothing in these Terms transfers any such right to you except the limited license expressly granted.
13Disclaimers
TIH is a strategic advisory and infrastructure firm. TIH does not provide real estate brokerage, insurance, legal, tax, or investment advisory services through the Workspace, and nothing in the Workspace constitutes such advice.
THE WORKSPACE AND THE SITES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TIH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TIH DOES NOT WARRANT THAT THE WORKSPACE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY AI-GENERATED OUTPUT WILL BE ACCURATE.
14Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TIH AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, OR LOST OR CORRUPTED DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE WORKSPACE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATE LIABILITY OF TIH AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND CONTRACTORS ARISING OUT OF OR RELATING TO THESE TERMS OR THE WORKSPACE WILL NOT EXCEED THE TOTAL FEES YOU PAID TO TIH FOR THE WORKSPACE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
15Indemnification
You will defend, indemnify, and hold harmless TIH and its officers, members, employees, and contractors from and against any claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your Client Data and the means by which you acquired it; (b) your email or text-message sending practices and your compliance obligations under Section 10.2; (c) your use of the Workspace in violation of these Terms or applicable law; or (d) your provision of individualized professional advice generated with the assistance of the Workspace.
16Dispute Resolution and Arbitration
Please read this section carefully. It requires disputes to be resolved by binding arbitration and waives your right to participate in a class action.
16.1 Informal Resolution
Before initiating arbitration, the parties will attempt in good faith to resolve any dispute informally for thirty days after written notice of the dispute is sent.
16.2 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Workspace that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect, including the Expedited Procedures of those rules for any claim that qualifies. The legal seat of the arbitration is Travis County, Texas. Hearings may be conducted by video or telephone, and any in-person hearing will take place in Travis County, Texas, unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.
Federal Arbitration Act governs. The parties agree that the Workspace depends on providers and infrastructure located outside the State of Texas, including data hosting located in Ireland and payment and communication providers located in other states, and that these Terms evidence a transaction involving interstate and international commerce. The Federal Arbitration Act, 9 U.S.C. Sections 1 through 16, governs the interpretation and enforcement of this Section 16 to the exclusion of the Texas Arbitration Act.
16.3 Class Action Waiver
All claims must be brought in the parties' individual capacities and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
16.4 Delegation
The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable.
16.5 Exceptions
Either party may bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction in Travis County, Texas, to protect its intellectual property or confidential information. Nothing in this section prevents either party from seeking such relief.
17Governing Law
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. This Texas choice of law does not adopt or incorporate the Texas Arbitration Act for Section 16; the Federal Arbitration Act governs Section 16 to the exclusion of the Texas Arbitration Act. Subject to Section 16, the state and federal courts located in Travis County, Texas have exclusive jurisdiction over any matter not subject to arbitration.
18Changes to These Terms
TIH may modify these Terms. TIH will post the updated Terms with a new effective date and, for material changes affecting an active Subscription, will provide notice to the email address associated with your Account. Material changes take effect no earlier than thirty days after notice. If you do not agree to a material change, your remedy is to cancel before the change takes effect. Your continued use of the Workspace after the effective date constitutes acceptance of the updated Terms.
19General Provisions
Force Majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, outages of Third-Party Platforms, network failures, labor disputes, or governmental action.
Assignment. You may not assign these Terms without TIH's prior written consent. TIH may assign these Terms in connection with a merger, acquisition, or sale of assets.
Notices. Notices to you may be sent to the email address associated with your Account. Notices to TIH must be sent to the addresses in Section 20.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Entire Agreement and Precedence. These Terms, together with the Privacy Policy, the Data Processing Addendum where applicable, and any signed proposal or statement of work, constitute the entire agreement between the parties regarding the Workspace. In the event of a conflict, a signed proposal or statement of work controls for the engagement it describes, then these Terms, then the Privacy Policy.
Survival. The following sections survive termination: Definitions; Fees, Taxes, and any amounts owed; Client Data and Ownership; Intellectual Property; Disclaimers; Limitation of Liability; Indemnification; Dispute Resolution and Arbitration; Governing Law; and General Provisions.
No Waiver. A failure to enforce any provision is not a waiver of the right to enforce it later.
20Contact
TIH Industries LLC
5900 Balcones Drive #23032, Austin, TX 78731, USA
General, support, cancellation, and notices: contact@tihindustries.com
Privacy requests and data matters: privacy@tihworkspace.com
Web: www.tihworkspace.com
TIH Industries LLC
5900 Balcones Drive #23032, Austin, TX 78731, USA
General, support, and cancellation: contact@tihindustries.com
Privacy requests: privacy@tihworkspace.com
Web: www.tihworkspace.com
Trust in Him.
