Terms of Service

Effective Date: 18 November 2024

1. Introduction

Welcome to Raiff's Bits LLC. By using our services, and those offered via our partners, including but not limited to the Microsoft Marketplace, Microsoft Cloud Solutions program, Microsoft 365, IBM Cloud, and Oracle Cloud, you agree to comply with and be bound by the following terms and conditions.

2. Services

Raiff's Bits LLC provides various services through our partners, including but not limited to the Microsoft Marketplace and Microsoft Cloud Solutions programs. These services are subject to the terms and conditions outlined in this document.

3. User Responsibilities

Users are responsible for maintaining the confidentiality of their account information and for all activities that occur under their account.

4. Payment Terms

All payments for services must be made in accordance with the payment terms specified at the time of purchase.

5. Termination

Raiff's Bits LLC reserves the right to terminate or suspend access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

6. Jurisdiction and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Travis County, Texas.

7. Indemnification

You agree to indemnify, defend, and hold harmless Raiff's Bits LLC, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

8. Force Majeure

Raiff's Bits LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Raiff's Bits LLC's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

9. Disclaimer of Warranties

The services are provided on an "AS IS" and "AS AVAILABLE" basis. Raiff's Bits LLC makes no warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

10. Intellectual Property Rights

10. Intellectual Property Rights

All content, trademarks, service marks, trade names, logos, and icons are proprietary to Raiff's Bits LLC or its licensors. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Raiff's Bits LLC or any third party.

11. DMCA Compliance

Raiff's Bits LLC respects the intellectual property rights of others and expects users of the service to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information:

12. GDPR Compliance

Raiff's Bits LLC is committed to complying with the General Data Protection Regulation (GDPR) to the extent it applies to our operations. Although Raiff's Bits LLC is a US-based company with no business office located within the European Union, we recognize the importance of protecting the privacy and data of our users. If you are a resident of the European Union, you have certain rights under the GDPR, including the right to access, correct, or delete your personal data. For any GDPR-related inquiries, please contact us at [contact information].

13. Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be finally resolved by arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Travis County, Texas, and the language of the arbitration shall be English. The award rendered by the arbitrator shall be final and binding upon the parties.

14. Limitation of Liability / Waiver of Liability

To the maximum extent permitted by applicable law, in no event shall Raiff's Bits LLC, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vi) the defamatory, offensive, or illegal conduct of any third party. In no event shall Raiff's Bits LLC's aggregate liability for all claims relating to the service exceed the amount paid by you to Raiff's Bits LLC for the service in the twelve (12) months preceding the claim.

15. Changes to Terms

Raiff's Bits LLC reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

16. Contact Information

If you have any questions about these Terms, please contact us at legal@raiffsbits.com.