Terms of Service

Effective Date: November 18, 2025

These Terms of Service (“Terms”) govern your access to and use of the services, websites, and applications (collectively, the “Services”) provided by Tex Software, Inc., a Delaware corporation (“Tex,” “we,” “us,” or “our”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1. Acceptance of Terms

By creating an account or using our Services, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

Tex provides software solutions for the heavy equipment industry, including:

Tex Intel: A data intelligence network providing access to equipment serials, dealer activity, maintenance records, and other industry data.
Tex Suite: A comprehensive CRM, operations, and finance platform designed for dealers, service networks, contractors, and related businesses.

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice.

3. Account Registration and Security

Account Creation

To use certain features of our Services, you must create an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain and update your information to keep it accurate and current
Maintain the security of your account credentials
Notify us immediately of any unauthorized use of your account

Account Responsibility

You are responsible for all activities that occur under your account. You may not share your account credentials or allow others to access your account. We are not liable for any loss or damage arising from your failure to maintain account security.

4. Acceptable Use

You agree not to use our Services to:

Violate any applicable laws or regulations
Infringe on the intellectual property rights of others
Transmit any harmful, threatening, abusive, defamatory, or otherwise objectionable content
Interfere with or disrupt the integrity or performance of our Services
Attempt to gain unauthorized access to our Services or related systems
Use automated means to access our Services without our express permission
Resell, redistribute, or create derivative works based on our Services without authorization
Engage in any activity that could harm Tex, our users, or third parties

We reserve the right to suspend or terminate your account if you violate these acceptable use terms.

5. Intellectual Property

Ownership

The Services, including all software, designs, text, graphics, logos, and other content, are owned by Tex and protected by United States and international copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for their intended purpose.

User Content

You retain ownership of any content you upload or create using our Services (“User Content”). By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, reproduce, and display your User Content solely to provide and improve our Services.

You represent and warrant that you have all necessary rights to grant us this license and that your User Content does not infringe on the rights of any third party.

6. Payment and Billing

Fees

Certain features of our Services require payment of fees. All fees are stated in U.S. dollars and are non-refundable unless otherwise specified. We reserve the right to change our fees with 30 days’ notice.

Billing

By providing payment information, you authorize us to charge the applicable fees to your payment method. You are responsible for all taxes, duties, and other governmental charges related to your use of the Services.

Late Payment

If payment is not received by the due date, we may suspend or terminate your access to the Services. You remain responsible for all outstanding fees.

7. Term and Termination

Term

These Terms remain in effect for as long as you use our Services.

Termination by You

You may terminate your account at any time by contacting us or using the account cancellation features within the Services.

Termination by Us

We may suspend or terminate your account and access to the Services at any time, with or without cause, including if you violate these Terms. Upon termination, your right to use the Services will immediately cease.

Effect of Termination

Upon termination, we may delete your account and User Content. We are not obligated to retain or provide you with copies of your User Content after termination. You remain responsible for all fees incurred prior to termination.

8. Data and Privacy

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

For privacy-related questions or complaints, contact us at privacy@tex.pro.

9. Disclaimers and Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

The Services will be uninterrupted, secure, or error-free
The results obtained from using the Services will be accurate or reliable
Any errors in the Services will be corrected
The Services will meet your specific requirements

YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SERVICES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEX SOFTWARE, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless Tex Software, Inc., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

Your use of the Services
Your violation of these Terms
Your violation of any rights of another party
Your User Content

12. Dispute Resolution and Governing Law

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.

Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware. You and Tex each waive the right to a jury trial and the right to participate in a class action.

Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the infringement of intellectual property rights.

13. Modifications to Terms

We may modify these Terms at any time by posting the revised Terms on our website and updating the “Effective Date” above. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.

14. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tex regarding the Services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

No Agency

No agency, partnership, joint venture, or employment relationship is created between you and Tex as a result of these Terms or your use of the Services.

15. Contact Information

If you have questions about these Terms, please contact us at:

Tex Software, Inc. Email: privacy@tex.pro

For privacy-related complaints or inquiries, please email: privacy@tex.pro