Terms of Service

TRUE CLIENT PRO, INC. TERMS OF SERVICE

Users Agreement

Last Updated: Feb 14th, 2025

Welcome to www.trueclientpro.com (the “Site”), operated by True Client Pro, Inc. (“TCP”). These Terms of Service (“Terms”) govern your access to and use of the Site and the services provided by TCP (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, discontinue use of the Services immediately.


1. ACCEPTANCE OF TERMS

By accessing, browsing, or otherwise using the Services, or by clicking “Accept” where applicable, you acknowledge and agree that you have read and understood these Terms, meet all eligibility requirements, and will be bound by these Terms. If you do not comply with these Terms, your right to use the Services is immediately revoked.

2. DEFINITIONS

  • “Access Credentials” – Any username, password, or security code used to verify identity for access to the Services.

  • “Customer” – Any individual or entity accessing the Services.

  • “Competitor” – Any individual, entity, or organization that currently offers, plans to offer, or is in the process of developing any software, service, or platform that provides event planning, floral business management, or any feature that competes directly or indirectly with True Client Pro, Inc.

  • “Customer Data” – Any information collected from Customers through the Services.

  • “Fees” – Subscription fees outlined in Section 6.

  • “Indemnitee” – Any party entitled to indemnification under Section 12.

  • “Services” – The offerings provided by TCP through the Site.

  • “Vendor” – Third-party providers of event-related services.

3. PRIVACY POLICY

Your use of the Services is subject to our Privacy Policy, which details how TCP collects, uses, and protects your information. By using our Services, you consent to these practices. If you do not consent, you must cease using the Services immediately.

4. COMPETITOR ACCESS PROHIBITION

TCP strictly prohibits access to its Services by Competitors. Any attempt to access TCP’s platform for competitive research, reverse engineering, data mining, analysis, or any other unauthorized purpose constitutes unauthorized access, misappropriation, and a material breach of these Terms.

4.1 Competitor Disclosure Requirement

Any individual or entity that qualifies as a Competitor must disclose their affiliation before registering for an account. Failure to disclose such affiliation shall constitute fraudulent misrepresentation, and True Client Pro, Inc. shall be entitled to seek injunctive relief and monetary damages.

4.2 Competitor Acknowledgment

By creating an account, you acknowledge that you are not a Competitor as defined in this Agreement. If you are a Competitor, you must not access or use the Services.

4.3 Penalties for Unauthorized Access

Any Competitor found accessing the Services without TCP’s explicit written consent agrees to:

  1. Pay liquidated damages of no less than $100,000 per instance of unauthorized access.

  2. Reimburse TCP for all legal fees and costs incurred in enforcing this restriction.

  3. Be subject to immediate legal action, including but not limited to injunctive relief and damages for trade secret misappropriation.

5. ACCOUNT REGISTRATION & SECURITY

Customers are responsible for maintaining the confidentiality of their Access Credentials and agree to:

  • Use strong passwords and secure login methods.

  • Notify TCP immediately of any unauthorized use of an account.

  • Accept full responsibility for all activities occurring under their account, regardless of whether they authorized the activity.

  • Ensure that account information is accurate and up to date.

TCP reserves the right to suspend or terminate any account suspected of unauthorized access or suspicious activities.

6. FEES, PAYMENT TERMS & REFUND POLICY

6.1 Fees & Subscription Plans

Customers agree to pay TCP the subscription fees as indicated during registration. Fees are billed monthly or annually and may be updated with prior notice.

6.2 Payment Processing

All transactions are processed securely through Stripe or Square. TCP does not store credit card details and is not liable for third-party processing errors.

6.3 Refund Policy

  • Customers may request a full refund within seven (7) days of subscription activation, provided no use of the Services has occurred.

  • Refund requests must be sent to hello@trueclientpro.com with supporting documentation.

  • After seven (7) days, all payments are final and non-refundable.

6.4 Chargebacks & Disputes

Customers shall not initiate chargebacks without first attempting to resolve disputes with TCP. If a chargeback is initiated and resolved in TCP’s favor, the Customer shall be liable for:

  1. Chargeback processing fees.

  2. All legal costs incurred in disputing the chargeback.

  3. Immediate account suspension until fees are paid in full.

7. ACCESS REMOVAL & TERMINATION

TCP reserves the right to suspend, restrict, or permanently terminate access to the Services for:

  • Non-payment of Fees.

  • Violation of these Terms.

  • Unauthorized access or use of proprietary features.

Suspended accounts forfeit all discounts or promotional pricing and must renew at current rates. If an account remains unpaid for 15 days, TCP may permanently delete all account data without liability.

8. TRADE SECRET PROTECTION

8.1 No Reverse Engineering

Customers and Competitors are strictly prohibited from engaging in reverse engineering, data scraping, feature replication, or competitive analysis of the True Client Pro, Inc. platform.

8.2 Penalty for Trade Secret Violation

Any unauthorized use of True Client Pro’s proprietary software, designs, or business methods shall result in:

  1. A minimum penalty of $250,000 per violation.

  2. A claim for trade secret misappropriation under the Defend Trade Secrets Act (DTSA) of 2016.

  3. Immediate account termination and IP ban for any Competitor found violating this section.

9. INDEMNIFICATION FOR COMPETITOR CLAIMS

Any Competitor that initiates a lawsuit, arbitration, or regulatory action against True Client Pro, Inc. agrees to fully indemnify and reimburse TCP for:

  • All legal fees, expert witness costs, and litigation expenses incurred by TCP in defending against such action.

  • Any reputational harm suffered by TCP due to such legal actions.

  • A minimum damage claim of $100,000 for frivolous or bad-faith claims.

10. GOVERNING LAW & DISPUTE RESOLUTION

These Terms shall be governed by the laws of the State of New York.

10.1 Exclusive Venue

Any legal dispute shall only be brought in the federal or state courts of New York County, New York.

11. CONTACT US

For questions, contact hello@trueclientpro.com.

By using the Services, you agree to these Terms. TCP reserves the right to update these Terms periodically. Continued use after modifications constitutes acceptance of the revised Terms.