Terms of Service (Terms and Conditions)

Original Date: October 26, 2019
Last Updated: 8/5/2024

Summary of Changes:

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the TTI Club (https://tticlub.com) website (the "Service") operated by Craftlogic Software LLC ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

1) SMS/MMS Text Messaging

TTI Club uses SMS text messaging for customer access to our loyalty program and two-way communication with our customers whom have opted-in to our system. You may read our privacy policy to learn more about how we protect your private information and data. Feel free to contact Us at privacy@tticlub.com for any questions or concerns about TTI Club, privacy, or terms and conditions.

Please understand the following with regard to the use of text messaging with our platform.

a. Providing Telephone Numbers and Duty to Notify: You verify that the mobile number provided to Us is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by emailing us at privacy@tticlub.com.

b. Your Consent to Receive Automated Calls/Texts: You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive recurring automated text messages (such as SMS, MMS, or successor protocols or technologies) from Us concerning Our products, services, offers, promotions, and transactions, as well as your relationship with Us. You understand that consent is not required to make any purchase from Us. Message and data rates may apply.

c. Opt Out Instructions: Your consent to receive automated texts is completely voluntary. You may opt-out at any time. To opt out of text messages, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us, or email privacy@bombas.com and specify that you want to opt out of text messages. You may also text HELP or email us at privacy@tticlub.com for help. You acknowledge and agree to accept a final text message confirming your opt-out.

d. Indemnification to Us: You agree to indemnify Us for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your mobile telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys' fees).

e. Participation Requirements: By participating in the Service, you acknowledge and agree that you are eighteen (18) years of age or older. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

f. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated

2) Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

3) Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

4) Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

5) TTIRewards

TTIRewards are subject to forfeiture after a time of inactivity by a member who has not used the service for a duration of six (6) months. TTI Club members who fall into this category of inactivity, will be notified they have thirty (30) days to use their earned credits or the credits will be forfeited at TTI Club’s sole discretion.

TTI Club members whom have not been active for nine (9) months or more are subject to termination of account and forfeiture of earned credits.

TTI Club requires that SMS text messaging is enabled between TTI Club and the customer. The customer may text 'STOP' to the TTI Club phone number to unsubscribe from TTI Club texts. Doing so, however, will disable the customer's account until such time as the customer texts 'START' to the TTI Club phone number. Disabled accounts are subject to termination and forfeiture of TTIRewards after a time of inactivity of six (6) months.

6) Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Craftlogic Software LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Craftlogic Software LLC customer support team.

A valid payment method, including credit card, PayPal or Venmo, is required to process the payment for your Subscription. You shall provide Craftlogic Software LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Craftlogic Software LLC to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Craftlogic Software LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

7) Fee Changes

Craftlogic Software LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Craftlogic Software LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

8) Refunds

TTI Club Ice Machine Owner Subscriptions and Fees

Certain refund requests for Subscriptions may be considered by Craftlogic Software LLC on a case-by-case basis and granted in sole discretion of Craftlogic Software LLC. This includes subscription fees, transaction fees, and signage and order shipping fees.

Freedom Vending IceBank

Freedom Vending IceBank funds go directly from the TTI Club Member (consumer) to the TTI Club Ice Machine Owner (owner). TTI Club does not collect any of the money nor have access to any of the money when a consumer adds funds to their IceBank. If a payment dispute occurs, the consumer has a receipt of each transaction and can contact the owner directly for a refund. TTI Club shall facilitate the contact, if needed, but is not responsible or liable for the funds from the consumer to the owner nor responsible for the refund from the owner to the consumer. Owners shall be diligent and responsive to consumer requests for refunds and the applicable laws within their state regarding pre-paid merchandise and online purchases.

9) Accounts

General

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

TTI Club Member and Non-Member Accounts

Accounts are subject to forfeiture after a time of inactivity by a member who has not used the service for a duration of six (6) months. Accounts which fall into this category of inactivity, will be notified they have three (3) months to use their earned credits and IceBank funds.

Accounts which have not been active for nine (9) months or more are subject to termination of account and forfeiture of earned credits and deposited IceBank funds. Account owner will be notified of termination and given seven (7) days to use their credits and deposited funds prior to termination.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

10) Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Craftlogic Software LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Craftlogic Software LLC.

You agree that you will not use or exploit any bugs, errors, or design flaws to obtain unauthorized access to the Service, or use or exploit of any programs such as macros, bots, exploits, automation software, hacks, mods mouse simulators or unauthorised third party software etc., to use Services or otherwise modify or interfere with the Services or the Apps experience. You shall not use these programs or create or assist in the creation of programs or for use on other sites such as iframes for hosting in another website. In particular but without limitation, you agree not to use the Services to create or assist in the creation of macros, bots, exploits, automation software, hacks, mods mouse simulators or unauthorised third party software etc., to use the Services or otherwise modify or interfere with the Services or the Apps experience. You further agree not to modify or caused to be modified any files that are part of the Services. Otherwise, we reserve the right to reduce, suspend, alter, delete or terminate your Account, or its data, at our sole discretion.

11) Confidentiality

Craftlogic will not, during or subsequent to the term of this Agreement, (i) use Client’s Confidential Information for any purpose whatsoever other than the performance of the Services on behalf of Client or (ii) disclose Client's Confidential Information to any third party. It is understood that said Confidential Information shall remain the sole property of Client. Craftlogic further agrees to take all reasonable precautions to prevent any unauthorized disclosure of such Confidential Information.

12) Restrictions on Use of Services

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, logo or Services (including images, text, page layout or form) of Craftlogic Software LLC or TTI Club; (c) you shall not use any metatags or other "hidden text" using said names or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing", or "crashing" the Services. Any unauthorized use of the Services terminates the licenses granted by Craftlogic Software LLC and TTI CLub pursuant to this Agreement.

13) Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Craftlogic Software LLC

Craftlogic Software LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Craftlogic Software LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

14) Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

15) Indemnification

You agree to defend, indemnify and hold harmless Craftlogic Software LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

16) Limitation Of Liability

In no event shall Craftlogic Software LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

17) Limitation on Craftlogic's Liability to Client

Except with respect to any violations of Sections 8 or 9 of this Agreement:

Client shall indemnify Craftlogic against all claims, liabilities and costs, including reasonable attorney fees, or defending any third party claim or suit, other than for infringement of intellectual property rights, arising out of or in connection with Client's performance under this Agreement. Craftlogic shall promptly notify Client in writing of such claim or suit and Client shall have the right to fully control the defense and any settlement of the claim or suit. Craftlogic shall indemnify Client against all claims, liabilities and costs, including reasonable attorney fees, or defending any third party claim or suit, arising out of or in connection with any breach by Client or its staff of any of the obligations under Sections 8 and 9.

18) Force Majeure

Craftlogic Software LLC shall not be liable for and is excused from any failure to deliver or perform or delay in delivery or performance, due to causes beyond its reasonable control or due to failure of Client to provide sufficient information, resources, cooperation or personnel to support the project. Craftlogic Software LLC shall use commercially reasonable efforts to remedy or remove the cause of the delay or non-performance. The period of performance shall be extended to such extent as may be appropriate after the cause of the delay or non-performance has been removed.

19) Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Craftlogic Software LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

20) Exclusions

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

21) Governing Law

These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

22) Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

23) Contact Us

If you have any questions about these Terms, please contact us at privacy@tticlub.com.