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End User License Agreement (EULA) for SaaS Software

This End User License Agreement ("Agreement") is entered into by and between the end user ("User" or "you") and WASTELINQ, INC, a Delaware corporation located at 20333 TX 249, Suite 380, Houston ("WASTELINQ"), Terralink ("Terralink"), Enviroware ("Enviroware"), and Network Services ("Network Services") (collectively, "Providers"). This Agreement governs your use of the Software as a Service (SaaS) offerings provided by Providers.

By using the Software, you agree to be bound by this Agreement. If you do not agree, do not use the Software.

1. Definitions

1.1 Software
The combined SaaS offerings of WASTELINQ Enterprise, Terralink, Enviroware, and Network Services that the User has purchased and is authorized to use.

1.2 User
The individual or entity that has entered into this Agreement and is authorized to use the Software.

1.3 Providers
WASTELINQ, Terralink, Enviroware, and Network Services.

2. License Grant

2.1 Providers grant User a non exclusive, non transferable, limited right to access and use the Software for the duration of the subscription term.
2.2 User may not sublicense, sell, lease, or otherwise make the Software available to any third party except as expressly permitted by this Agreement.

3. Subscription and Fees

3.1 User agrees to pay all subscription fees as specified at the time of subscription or as otherwise agreed.
3.2 All fees are non refundable except as required by law.
3.3 Providers may change subscription fees upon notice. Continued use of the Software constitutes acceptance of the new fees.

4. Restrictions on Use

User shall not:

  • Copy, modify, or create derivative works of the Software

  • Reverse engineer, decompile, or disassemble the Software

  • Remove or alter proprietary notices

  • Use the Software for any illegal or unauthorized purpose

5. User Data

5.1 User retains all rights to data uploaded or entered into the Software ("User Data").
5.2 Providers will implement reasonable measures to protect User Data.
5.3 Providers may use User Data only for delivering the Software and related services.

6. Confidentiality

6.1 Confidential Information includes non public information disclosed by Providers that is marked or reasonably understood to be confidential.
6.2 User agrees to protect Confidential Information and use it only for Software related purposes.

7. Intellectual Property

7.1 The Software and all intellectual property remain the exclusive property of Providers.
7.2 No title or ownership rights are transferred to User.

8. Professional Services and Consulting

8.1 Providers may offer professional services to support implementation or optimization.
8.2 These services are subject to separate fees and agreements.
8.3 Any advice or work product is provided "as is."

9. Downtime and Service Outages

9.1 Providers do not guarantee uninterrupted Software availability.
9.2 Providers are not liable for damages or losses resulting from downtime or service outages.

10. Termination

10.1 This Agreement remains in effect until terminated.
10.2 User may terminate at any time by ceasing use and providing written notice.
10.3 Providers may terminate for breach if not cured within thirty (30) days of notice.
10.4 Upon termination, User's access rights immediately end.

11. Disclaimers and Limitation of Liability

11.1 The Software is provided "as is" without warranty of any kind.
11.2 Providers are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.

12. Governing Law and Dispute Resolution

12.1 This Agreement is governed by the laws of the state in which Providers are incorporated.
12.2 Disputes will be resolved through binding arbitration administered by the American Arbitration Association.
12.3 Any court proceedings must be brought in Harris County, Texas.

13. Promotional Use of Logos

13.1 User grants Providers the right to use User’s company name and logo for promotional purposes including websites, marketing materials, and press releases.

14. Force Majeure

14.1 Providers are not liable for delays or failures caused by events beyond reasonable control.
14.2 Providers will notify User of Force Majeure Events when possible.
14.3 Either party may terminate if such an event continues for more than thirty (30) days.

15. Miscellaneous

15.1 This Agreement constitutes the entire agreement between the parties.
15.2 If any provision is found invalid, remaining provisions remain enforceable.
15.3 User may not assign this Agreement without written consent.
15.4 Providers may assign this Agreement without consent.
15.5 No waiver of any term is considered a continuing waiver.