End-User License Agreement (EULA)

Last updated: September 4, 2025

This End-User License Agreement ("Agreement") is a legal agreement between you ("you" or "Customer") and TrueKPIQ ("TrueKPIQ", "we", "us", or "our"). By accessing or using the TrueKPIQ software-as-a-service and related materials (collectively, the "Service"), you agree to be bound by this Agreement.

1. License Grant and Access

Subject to your compliance with this Agreement and timely payment of all fees, TrueKPIQ grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your internal business purposes during the applicable subscription term.

2. Restrictions

• No reverse engineering, decompiling, or disassembling.
• No copying, framing, or mirroring except as expressly allowed.
• No reselling, time-sharing, or offering the Service as a service to third parties.
• No use in violation of laws or to infringe third-party rights.
• No circumvention of security or usage limits.

3. Accounts and Seats

You are responsible for maintaining the confidentiality of your login credentials and for all activities under your accounts. Access may be limited by plan, role, or seat. You must not share accounts except as permitted by your plan.

4. Customer Data

You retain all rights in data you submit to or through the Service ("Customer Data"). You grant TrueKPIQ a limited license to host, process, transmit, and display Customer Data solely as necessary to provide and improve the Service and as otherwise described in our Privacy Policy.

5. Third-Party Services

The Service may enable integrations with third-party services. Your use of third-party services is governed by those providers' terms, and you authorize TrueKPIQ to exchange Customer Data with such services when you enable an integration. You may disable an integration at any time to stop ongoing data sharing.

6. Intellectual Property

Except for the limited rights expressly granted, TrueKPIQ and its licensors retain all rights, title, and interest in and to the Service, including all software, documentation, interfaces, and underlying technology.

7. Confidentiality

Each party agrees to protect the other party's confidential information using reasonable measures and to use it only for purposes related to this Agreement. This section does not limit disclosures required by law.

8. Fees and Taxes

Fees are due in accordance with your plan and any order documents. Except where prohibited by law or expressly stated, fees are non-refundable. You are responsible for applicable taxes, excluding taxes based on TrueKPIQ's income.

9. Term and Termination

This Agreement remains in effect for your subscription term. Either party may terminate for material breach after written notice and a reasonable cure period if the breach remains uncured. Upon termination or expiration, your access to the Service ends, and we may delete Customer Data after a retention period unless legally prohibited. You may export your data before termination where technically feasible.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRUEKPIQ DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. EXCEPT FOR YOUR PAYMENT OBLIGATIONS OR INFRINGEMENT OF TRUEKPIQ'S IP, EACH PARTY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNTS PAID BY YOU TO TRUEKPIQ FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

12. Indemnification

You will defend, indemnify, and hold harmless TrueKPIQ and its affiliates from claims and expenses arising from your use of the Service in violation of this Agreement or applicable law, or your infringement or misappropriation of third-party rights.

13. Export and Compliance

You represent that you are not located in, under the control of, or a national or resident of any country or person prohibited by applicable export laws. You agree to comply with all applicable export control and sanctions laws.

14. Government End Users

The Service is commercial computer software. If accessed by or on behalf of a U.S. Government agency, rights are limited by this Agreement and applicable regulations.

15. Governing Law and Venue

This Agreement is governed by the laws applicable to your primary business location unless otherwise specified in an order document. The exclusive venue for disputes is the state or federal courts located in such jurisdiction, and the parties consent to personal jurisdiction there.

16. Changes to the Service and Terms

We may modify the Service and this Agreement from time to time. Material changes will be posted with an updated date. Your continued use after changes constitutes acceptance.

17. Contact

Questions about this Agreement? Contact truekpiq@gmail.com.