Tyfoom SaaS Services Agreement
April 7, 2023
This SaaS Services Agreement (“Agreement”) is entered into the day this Agreement is signed (the “Effective Date”) by and between Tyfoom, LLC, with a mailing address of 224 South Main Street #501, Springville, UT 84663 (“Company”), and the Customer listed on the Order Form and Tyfoom account (“Customer”).
This Agreement includes the Tyfoom Saas Services Agreement and incorporates the customer information and order information from the online sign up and/or invoice (“Order Form”), as well as the Privacy Policy, Terms of Use, Terms and Conditions, and contains, among other things, warranty disclaimers, liability limitations and use limitations.
In consideration of the mutual covenants and agreements of Parties herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and fully intending to be legally bound, the Parties do hereby agree as follows:
Services to be Provided: Employee/User mobile (iOS and Android) platform may include microlearning video content, push notifications to watch daily training, ability to deliver training videos each work day, quizzes for videos, reminders about unwatched videos, automated warnings about unwatched videos, video library, pause training for days off, on-site training tracking, personal stats, push notification broadcast alert system, certificate and external training tracking, documents, policy acknowledgement, custom badges, and custom forms. Employer/Admin web login includes ability to manage employees/users by company, division, group, and tag – and may include management of videos, on-site trainings, alerts, certifications, external trainings, documents, company policies, custom badges, custom forms, and settings (hereafter the “Services”).
Term: The term of this Agreement will be 12 months from the date of this Agreement. After the initial term (12 months), the Agreement will be automatically renewed for successive 12-month periods until cancelled by the Customer. Thirty (30) days’ written notice is required to cancel. Termination of this Agreement is only available after the initial 12-month term.
Payment: Payment for the Services is payable in US Dollars, monthly in advance, through the Company automated billing system. The first payment shall include a one-time set up/implementation fee as well as a recurring per employee/user fee that will continue on a monthly basis.
Service Fee: The recurring monthly service fee shall be identified by the number of users specified in the Order Form times the agreed price in the Order Form plus sales tax as applicable. The set-up/implementation fee shall be determined by the Company based on the total number of employees using the Services plus sales tax as applicable. Customer agrees to pay the Set-Up/Implementation Fee as shown in the Order Form and as additional users are added to the Tyfoom Platform. The monthly service fee amount may be raised or lowered from time-to-time by the Company in its sole discretion after the initial term of this Agreement. In such an event, Customer will be notified in writing of any change. If the Company increases the monthly service fees, Customer shall have the right to accept the increase or cancel the contract (with 30 days’ prior written notice), before the fee increase goes into effect. If fees are adjusted by the Company, the adjusted fee amount(s) will supersede the fees identified herein and on the Order Form and will become part of this Agreement. Subsequent monthly charges will be the number of users identified in the Order Form (plus any additional users added by the Customer during any time of the Term measured by the Company), times the monthly service fee plus sales tax as applicable. The minimum number of users charged each month will be increased as the Customer adds additional users. This new minimum will run through the remainder of the Term.
Service, Data Storage, and Video Storage Capacity: Services will be limited to 100 minutes of video delivered per employee per month (measured by the aggregated total number of minutes from all employees). Usage above this amount shall be billed at .10 cents per minute. Services for Customer data storage, document storage, picture storage, and video storage will be limited to 1 GB total per user (measured by the aggregated total number of GB’s from all employees). Usage above this amount shall be billed at .10 cents per GB per month. The Storage Capacity limits and the related usage fees above the stated limits may be raised or lowered from time-to-time by the Company in its sole discretion. In such an event, Customer will be notified in writing of any change. If limits and related fees are adjusted by the Company, the adjusted fee amount(s) will supersede the fees identified herein and will become part of this Agreement. If these limits (and fees) are increased by Company, Customer shall have the right to accept the increase or cancel the contract (with 30 days’ prior written notice), before the fee increase goes into effect.
Implementation Services: Company will use commercially reasonable efforts to provide paying Customer the services (“Implementation Services”) described in the Terms & Conditions (does not include any API integration fees).