1. Agreement to Terms

These Terms of Service (the “Terms” or “Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “Client”), and Factor Technology Solutions (“Company,” “we,” “us,” or “our”), concerning your access to and use of the factortechnologysolutions.com website, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”), and the professional IT services we offer (the “Services”). You agree that by accessing the Site or using the Services, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

2. Professional Services

A. Service Scope

The specific IT services, deliverables, timelines, and fees will be defined in a separate written agreement, such as a Service Level Agreement (SLA), Statement of Work (SOW), or Master Services Agreement (MSA), executed by both Factor Technology Solutions and the Client. In the event of a conflict between these Terms and a separate executed Service Agreement, the terms of the Service Agreement will prevail with respect to the specific services covered by that agreement.

B. Client Responsibilities

The Client is responsible for providing timely access to necessary data, personnel, equipment, and facilities required for Factor Technology Solutions to perform the Services. Failure to do so may impact service delivery and timelines.

C. Security & Data

While Factor Technology Solutions implements robust security measures, the Client retains ultimate responsibility for the security of their data and systems. We are not liable for data loss or security breaches that occur outside the direct scope of the Services we are contracted to provide. Any data handling by us will be governed by our Privacy Policy and the specific Service Agreement.

3. User Representations and Site Use

A. Eligibility

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Service; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site or Services through automated or non-human means, whether through a bot, script, or otherwise; and (4) your use of the Site and Services will not violate any applicable law or regulation.

B. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. Prohibited activities include, but are not limited to: circumventing, disabling, or otherwise interfering with security-related features of the Site; unauthorized framing or linking to the Site; and engaging in any automated use of the system, such as using scripts to send comments or messages.

4. Intellectual Property

A. Our Property

Unless otherwise indicated, the Site, the Services, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) are owned or controlled by us and are protected by copyright and trademark laws.

B. Client Content

Any materials, data, or intellectual property provided by the Client for the purpose of receiving the Services remain the exclusive property of the Client. The Client grants Factor Technology Solutions a non-exclusive, royalty-free, worldwide license to use such content solely to the extent necessary to perform the contracted Services.

5. Disclaimers and Limitation of Liability

A. Disclaimers

The Site is provided on an “as-is” and “as-available” basis. You agree that your use of the Site and our Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

B. Limitation of Liability

Factor Technology Solutions will not be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site or Services, even if we have been advised of the possibility of such damages. Our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Services during the three (3) month period prior to any cause of action arising.

6. Governing Law and Dispute Resolution

These Terms of Service and your use of the Site and Services are governed by and construed in accordance with the laws of [Insert State/Country of Company Formation], without regard to its conflict of law principles.

7. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time¹. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or Services.

8. SMS Communications

By communicating with Factor Technology Solutions via SMS, you consent to receive text messages related to customer support, service coordination, and account-related communication. Message frequency varies. You may opt out at any time by replying STOP or request assistance by replying HELP. Msg & data rates may apply.

9. Contact Us

In order to resolve a complaint regarding the Site or Services or to receive further information regarding the use of the Site or Services, please contact us at:

Factor Technology Solutions

4620 East 53rd Street Suite#200 Davenport, IA 52807

Email: sales@factortsp.com

Phone: 309.323.9998