End-User License Agreement (EULA)
Effective Date: The date of your first use of the Service · Last Updated: January 15, 2025
This End-User License Agreement ("Agreement") is a legal agreement between you ("User" or "You") and ReadyMix365 LLC ("Company," "We," or "Us") governing your access to and use of ReadyMix 365 Cloud ERP ("Service"). By accessing or using the Service, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not use the Service.
1. Grant of License
1.1 The Company grants you a non-exclusive, non-transferable, limited license to access and use the Service solely for your internal business operations, subject to the terms of this Agreement.
1.2 You are prohibited from sub-licensing, reselling, renting, or otherwise distributing the Service to third parties.
1.3 All rights not explicitly granted under this Agreement are reserved by the Company.
2. User Responsibilities
2.1 You agree to use the Service in compliance with all applicable laws, regulations, and the terms of this Agreement.
2.2 You are responsible for maintaining the confidentiality of your login credentials and all activity occurring under your account.
2.3 You shall not: reverse engineer, decompile, or disassemble the Service; use the Service to store or transmit unlawful, infringing, or malicious content; or interfere with or disrupt the integrity or performance of the Service.
3. Fees and Payment
3.1 Access to the Service is subject to subscription fees as outlined in the applicable Service Order or Pricing Plan.
3.2 All fees are non-refundable unless explicitly stated otherwise.
3.3 Late payments may result in suspension or termination of access to the Service.
4. Data and Privacy
4.1 The Company will process and store data in accordance with its Privacy Policy.
4.2 You retain all rights to your data, but you grant the Company a license to use your data as necessary to provide the Service.
4.3 The Company implements reasonable measures to protect your data but does not guarantee against unauthorized access.
5. Intellectual Property
5.1 The Service and all associated materials, including but not limited to software, designs, and trademarks, are the sole property of the Company or its licensors.
5.2 You acquire no ownership rights to the Service or its components by using the Service.
6. Termination
6.1 This Agreement remains effective until terminated.
6.2 The Company may terminate your access to the Service immediately if you breach this Agreement.
6.3 Upon termination, your access to the Service will cease, and all licenses granted under this Agreement will terminate.
7. Warranties and Disclaimers
7.1 The Service is provided "as is" without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.2 The Company does not guarantee uninterrupted or error-free operation of the Service, although your data is backed up on a daily basis to circumvent any eventual hardware catastrophic failure. Backup data is encrypted and kept for a rotating 5-day period.
8. Limitation of Liability
8.1 To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages.
8.2 The Company's aggregate liability for all claims arising under this Agreement shall not exceed the total fees paid by you for the Service during the 12 months preceding the claim.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA. Any disputes arising under this Agreement shall be resolved exclusively in the courts located in the State of Florida, USA.
10. Miscellaneous
10.1 This Agreement constitutes the entire agreement between the parties regarding the use of the Service and supersedes all prior agreements.
10.2 If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
10.3 The Company reserves the right to modify this Agreement. Continued use of the Service after modifications indicates acceptance of the updated Agreement.
By using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
If you have questions about this Agreement, contact us at support@readymix365.com.