Terms of Use

01 Acceptance of Terms

By registering for, accessing, or using any Tarrasmart platform or service (collectively, the "Services"), you ("Customer", "User", or "you") agree to be legally bound by these Terms of Use ("Terms") and our Privacy Policy, which is incorporated herein by reference.

If you are accessing the Services on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms. In such case, "you" refers to that entity.

If you do not agree to these Terms, you must not access or use our Services.

02 Description of Services

Tarrasmart provides AI-powered SaaS platforms designed for enterprise use, including:

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice.

03 Account Registration

To access certain features of our Services, you must register for an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Keep your login credentials confidential and not share them with any third party
• Notify us immediately at security@tarrasmart.com of any unauthorized access to your account
• Be responsible for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that appear to have been compromised.

04 Subscription & Payment

Access to Tarrasmart's Services is provided on a subscription basis. By subscribing, you agree to the following:

• Billing Cycle: Subscriptions are billed monthly or annually as agreed in your order form or marketplace listing
• Payment: All fees are due in advance and are non-refundable unless otherwise stated in writing
• Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled prior to renewal
• Price Changes: We will provide at least 30 days' written notice before changing subscription fees
• Taxes: You are responsible for all applicable taxes, levies, and duties imposed by taxing authorities
• Microsoft Marketplace: If you subscribe via Microsoft Azure Marketplace, payment and billing terms are governed by your Microsoft agreement

05 Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You must not:

• Use the Services to infringe any intellectual property rights, privacy rights, or other rights of any third party
• Upload or transmit any malicious code, viruses, or disruptive data
• Attempt to gain unauthorized access to any part of the Services or related systems
• Use the Services to process or store data in violation of applicable laws or regulations
• Reverse engineer, decompile, or disassemble any part of the Services
• Resell or sublicense the Services without prior written consent from Tarrasmart
• Use the Services to monitor or record individuals without their knowledge or consent where required by law
• Conduct unauthorized broadcast monitoring that violates copyright or broadcasting rights laws
• Use the Services in any manner that could damage, disable, or impair the platform's performance

We reserve the right to investigate and take appropriate action against any violation of this policy, including suspension of access and referral to law enforcement.

06 Intellectual Property

All intellectual property rights in and to the Services, including the underlying AI models, algorithms, software, interfaces, documentation, and branding, are and shall remain the exclusive property of PT Tarrasmart Teknologi Indonesia or its licensors.

• These Terms do not grant you any ownership rights in the Services
• You are granted a limited, non-exclusive, non-transferable license to use the Services during your subscription term solely for your internal business purposes
• Any feedback, suggestions, or improvements you provide to us may be used by Tarrasmart without restriction or compensation
• Tarrasmart's name, logo, and product names are trademarks of PT Tarrasmart Teknologi Indonesia and may not be used without our prior written consent

07 Customer Data & Content

You retain full ownership of all data, content, and materials you submit to or process through the Services ("Customer Data").

• You grant Tarrasmart a limited license to process Customer Data solely to provide and improve the Services
• You are responsible for ensuring you have all necessary rights, consents, and permissions to submit Customer Data to the Services
• You are responsible for complying with all applicable laws regarding the collection, processing, and use of Customer Data, including broadcast copyright laws
• We will not access, use, or disclose Customer Data except as required to provide the Services or as required by law
• Upon termination, Customer Data will be deleted within 30 days unless otherwise required by law or agreed in writing

08 Confidentiality

Both parties agree to maintain the confidentiality of any non-public information disclosed in connection with these Terms ("Confidential Information").

• Each party agrees to use Confidential Information only for the purposes of these Terms
• Each party agrees to protect the other's Confidential Information with at least the same degree of care it uses for its own confidential information, but no less than reasonable care
• Confidential Information does not include information that is publicly available, independently developed, or rightfully obtained from a third party
• Confidentiality obligations survive termination of these Terms for a period of three (3) years

09 Warranties & Disclaimer

Tarrasmart warrants that:

• The Services will perform materially as described in the applicable documentation
• We will implement reasonable security measures to protect Customer Data
• We will use commercially reasonable efforts to maintain 99.9% uptime for the Services (excluding scheduled maintenance)

10 Limitation of Liability

To the maximum extent permitted by applicable law:

• Tarrasmart's total cumulative liability arising out of or related to these Terms shall not exceed the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim
• In no event shall Tarrasmart be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities
• These limitations apply regardless of the theory of liability (contract, tort, negligence, or otherwise) and even if Tarrasmart has been advised of the possibility of such damages

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

11 Indemnification

You agree to indemnify, defend, and hold harmless Tarrasmart and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your violation of these Terms or any applicable law or regulation
• Your use of the Services in a manner not authorized by these Terms
• Your Customer Data, including any claims that such data infringes third-party rights
• Any breach of your representations or warranties under these Terms

12 Termination

Either party may terminate these Terms and your access to the Services:

• By Customer: You may cancel your subscription at any time through your account portal or by contacting us. Cancellation takes effect at the end of the current billing period
• By Tarrasmart: We may suspend or terminate your access immediately if you materially breach these Terms, fail to pay fees, or if continued use poses a security or legal risk
• Effect of Termination: Upon termination, your right to use the Services ceases immediately. Sections 6, 8, 9, 10, 11, and 13 survive termination

13 Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Indonesia, without regard to its conflict of law provisions.

• Negotiation: The parties shall first attempt to resolve any dispute through good-faith negotiation for a period of 30 days
• Arbitration: If negotiation fails, disputes shall be resolved through binding arbitration administered by the Indonesian National Board of Arbitration (BANI) in Jakarta, Indonesia
• Language: All proceedings shall be conducted in English or Bahasa Indonesia
• Jurisdiction: For matters not subject to arbitration, each party submits to the exclusive jurisdiction of the courts of South Jakarta, Indonesia

14 Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Post the updated Terms on this page with a new "Last Updated" date
• Send an email notification to registered account holders at least 30 days before the changes take effect
• Display an in-platform notification for significant changes

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services before the effective date.

15 Contact Us

If you have any questions about these Terms of Use, please contact us: