Terms of Service

1. Acceptance of Terms

These Terms of Service form a legally binding agreement between you and BFA TRESIDIO, LLC, a company organized and operating as Tresidio, and they govern your access to and use of our website located at https://www.tresidio.autos and the computer systems design and related services that we provide. By accessing our website or engaging us to provide services, you agree to be bound by these Terms and by our Privacy Policy.

If you do not agree to these Terms, you must not access or use our website or services. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. These Terms apply to all visitors, users, clients, and others who access our website or use our services.

2. Description of Services

Tresidio provides computer systems design and related services, including systems architecture and design, integration engineering, data migration, platform modernization, and managed operations. The specific scope of any services we provide to you will be described in a separate written agreement, statement of work, or proposal. These Terms provide the general framework, while the specific engagement documents govern the details of each project.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, to the extent permitted by law and by any applicable engagement agreements. We also reserve the right to decline to provide services where we determine, in our sole discretion, that doing so would be unlawful, unsafe, or inconsistent with our professional standards.

Before we begin any engagement, we work with you to confirm the scope of work, the deliverables, the timeline, and the responsibilities of each party. Changes to the scope are handled through written change orders so that expectations remain aligned throughout the project. If you are unsure whether a particular task falls within the scope of our services, please contact us and we will clarify the matter in writing.

3. Eligibility

You must be at least eighteen years of age and capable of forming a legally binding contract in order to use our website and services. By using our website or services, you represent and warrant that you meet these eligibility requirements. If you are under eighteen years of age, you may use our website only with the involvement and consent of a parent or legal guardian.

Our services are intended for business and professional use. You represent that any information you provide to us is accurate, complete, and current, and you agree to update that information if it changes. We may refuse service, terminate accounts, or block access to our website if we determine that these eligibility requirements have not been met.

4. Account Responsibilities

If you create an account or receive credentials to access any portion of our services, you are responsible for maintaining the confidentiality of those credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials.

You agree to provide accurate and complete information when creating an account and to keep that information up to date. You may not use another person account without permission, and you may not share your account credentials with any third party. We reserve the right to suspend or terminate accounts that violate these Terms.

5. Acceptable Use

You agree to use our website and services only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit anyone else from using and enjoying our website. You agree not to use our website or services to transmit any material that is unlawful, harmful, threatening, defamatory, obscene, or otherwise objectionable.

You agree not to attempt to gain unauthorized access to our systems, to interfere with the operation of our website or services, to introduce malicious software, to attempt to reverse engineer or decompile our systems, or to use our website or services in any way that could damage, disable, or impair our infrastructure. You also agree not to scrape, harvest, or otherwise collect information from our website without our prior written consent.

We may monitor use of our website and services for security and compliance purposes, and we may take any action we deem necessary to enforce these Terms, including investigating suspected violations and cooperating with law enforcement. Nothing in these Terms obligates us to monitor user content, and we assume no liability for the content that users choose to submit.

6. Intellectual Property

All content on our website, including text, graphics, logos, icons, images, software, and the selection and arrangement of that content, is the property of BFA TRESIDIO, LLC or its licensors and is protected by intellectual property laws. The name Tresidio, our logo, and our domain name are trademarks of BFA TRESIDIO, LLC. You may not use our trademarks without our prior written permission.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and view our website for your own informational and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from our website without our prior written consent. All rights not expressly granted in these Terms are reserved.

7. User Content

Our website may allow you to submit information, such as through contact forms, inquiries, or other interactive features. You retain ownership of any content that you submit to us. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process that content solely for the purpose of responding to your inquiry and providing our services.

You represent and warrant that any content you submit is your own or that you have the necessary rights to submit it, and that the content does not violate the rights of any third party or any applicable law. We are not responsible for the content that users submit, and we may remove any content at our discretion.

8. Fees and Payment

The fees for our services are set out in the applicable proposal, statement of work, or engagement agreement between you and BFA TRESIDIO, LLC. You agree to pay all fees in accordance with the payment terms specified in those documents. Unless otherwise stated, fees are stated in United States dollars and are exclusive of applicable taxes, which you are responsible for paying.

If you fail to pay any amount when due, we may suspend or terminate our services and may charge interest on overdue amounts at the rate permitted by law. You are responsible for providing accurate billing information and for keeping that information current. Any billing disputes must be raised in writing within thirty days of the invoice date.

9. Third-Party Services

Our website and services may reference or integrate with third-party products, platforms, or services. We do not control those third-party services and are not responsible for their availability, performance, or content. Your use of any third-party service is subject to that third party own terms and policies, and you are responsible for reviewing them.

Where we integrate with a third-party service on your behalf as part of an engagement, we will do so in accordance with the terms of the applicable engagement agreement. Any data transferred to a third-party service in that context is handled in accordance with our Privacy Policy and the terms of that engagement.

10. Disclaimers

Our website and services are provided on an as is and as available basis, without warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will be uninterrupted, error-free, or free of harmful components.

We make reasonable efforts to ensure that the information on our website is accurate and current, but we do not guarantee its completeness or accuracy. The content on our website is provided for general informational purposes only and is not a substitute for professional advice tailored to your specific circumstances. Any reliance on the content of our website is at your own risk.

Because computer systems and the environments in which they operate are constantly changing, we cannot guarantee that any particular outcome, performance level, or result will be achieved. Any estimates, projections, or recommendations provided by us are made in good faith based on the information available at the time, and actual results may vary.

11. Limitation of Liability

To the fullest extent permitted by applicable law, BFA TRESIDIO, LLC, its officers, directors, employees, agents, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or related to your use of our website or services, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or related to these Terms, our website, or our services will not exceed the greater of one hundred United States dollars or the amount you have paid to us for the specific services giving rise to the liability in the twelve months preceding the event. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the limitations above may not apply to you.

These limitations apply regardless of the theory of liability, whether based on contract, tort, negligence, strict liability, or otherwise, and they apply even if a remedy set forth in these Terms fails of its essential purpose. The parties acknowledge that the limitations in this section are a material basis for the terms of the agreement between them.

12. Indemnification

You agree to indemnify, defend, and hold harmless BFA TRESIDIO, LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or related to your use of our website or services, your violation of these Terms, or your violation of any law or the rights of any third party.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses. Your indemnification obligations under this section will survive the termination of these Terms and your use of our services.

13. Termination

We may terminate or suspend your access to our website and services, in whole or in part, at any time and for any reason, with or without notice, including if we determine that you have violated these Terms. You may stop using our website and services at any time. Termination of your access does not relieve you of any payment obligations incurred before termination.

The provisions of these Terms that by their nature should survive termination, including the sections governing intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution, will survive any termination. Termination of these Terms does not terminate any separate engagement agreement between you and BFA TRESIDIO, LLC.

14. Governing Law

These Terms and any dispute arising out of or related to them will be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. You agree that any legal action arising out of or related to these Terms will be brought exclusively in the state or federal courts located in the State of Utah.

You consent to the personal jurisdiction of those courts and waive any objection to venue in those courts. If any provision of this governing law section is found to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15. Dispute Resolution

Before filing any formal legal action, you agree to contact us directly to attempt to resolve any dispute informally. We encourage you to reach out to us using the contact information provided below so that we can work together to find a mutually acceptable resolution. We will make a good faith effort to resolve any dispute promptly and fairly.

If a dispute cannot be resolved informally within sixty days, either party may pursue available legal remedies. To the fullest extent permitted by law, you agree that any claim you may have against BFA TRESIDIO, LLC must be brought on an individual basis, and you waive any right to participate in a class action or other representative proceeding.

16. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, our practices, or applicable law. When we make material changes, we will update the last updated date at the top of this page and, where appropriate, provide additional notice. Your continued use of our website and services after any changes to these Terms constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically so that you remain aware of your rights and obligations. If you do not agree to the revised Terms, you must stop using our website and services.

17. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain valid and enforceable. The invalidity of any single provision will not affect the validity of the remainder of these Terms.

The failure of BFA TRESIDIO, LLC to enforce any provision of these Terms will not constitute a waiver of that provision or of the right to enforce it at any later time. Any waiver of a provision must be in writing and signed by an authorized representative of BFA TRESIDIO, LLC.

18. Entire Agreement

These Terms, together with our Privacy Policy and any separate engagement agreement or statement of work between you and BFA TRESIDIO, LLC, constitute the entire agreement between you and us regarding your use of our website and services, and supersede all prior and contemporaneous understandings and agreements, whether written or oral.

In the event of any conflict between these Terms and a separate engagement agreement, the engagement agreement will control with respect to the specific services described in that agreement. No course of dealing, course of performance, or usage of trade will modify or supplement these Terms.

19. Contact Information

If you have any questions about these Terms of Service, if you would like to report a violation of these Terms, or if you have any other inquiry, please contact us using the details below. We will respond to your inquiry as promptly as possible.