This document is provided for general information and should be reviewed by your own legal counsel before you rely on it.

Terms of Service

Last updated: June 26, 2026

These Terms of Service ("Terms") are a binding agreement between you and TKO Cloud Solutions ("we", "us") governing your access to and use of TKO Forge and related websites, apps, and services (the "Service"). By creating an account, clicking "I agree", or using the Service, you accept these Terms. If you do not agree, do not use the Service.

1. Eligibility & accounts

You must be at least 18 years old and able to form a binding contract. You are responsible for all activity under your account, for keeping your credentials secure, and for enabling available security features (such as two-factor authentication). Notify us promptly at support@tkoforge.com of any unauthorized use.

2. The Service

We provide a sales-execution, CRM, and communications platform. We may update, add, or remove features at any time. The Service is provided on an "as available" basis and may have downtime, maintenance, or changes.

3. Customer Data & ownership

"Customer Data" means data you or your users submit to the Service (including contacts, messages, and content). As between the parties, you own your Customer Data. You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to provide and improve the Service and as permitted in the Privacy Policy. You represent that you have all rights and consents necessary to provide Customer Data and to send communications through the Service.

4. Your responsibilities & communications compliance

You are solely responsible for your use of the Service and for all messages, emails, and SMS you send through it. You are the "sender" and data controller for those communications and you agree to comply with all applicable laws, including the CAN-SPAM Act, CASL, the Telephone Consumer Protection Act (TCPA), GDPR, and similar laws. You will only contact recipients who have given any consent the law requires, will honor unsubscribe/opt-out requests, and will include required sender identification and a valid physical address. You are responsible for your own deliverability, suppression lists, and recipient permissions. We are not responsible or liable for your communications or content. Our Acceptable Use Policy (Section 13) is part of these Terms.

5. Subscriptions, fees & billing

Paid plans are billed in advance on a recurring (e.g., monthly or annual) per-seat or per-plan basis through our payment processor. Unless stated otherwise: subscriptions auto-renew until cancelled; fees are non-refundable except where required by law; you authorize recurring charges; you are responsible for applicable taxes; and we may change pricing on prospective renewal with notice. Free trials convert to paid plans unless cancelled before the trial ends. Failure to pay may result in suspension or termination.

6. Third-party services

The Service integrates with third-party services (e.g., email, SMS, payments, calendars, AI, and CRMs). Your use of those services is governed by their terms, and we are not responsible for them.

7. Intellectual property

We and our licensors own all rights in the Service, including software, designs, and trademarks. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service per these Terms. You may not copy, reverse engineer, resell, or create derivative works except as expressly permitted. Feedback you provide may be used by us without restriction.

8. Confidentiality

Each party may access the other's confidential information and will use it only to perform under these Terms and protect it with reasonable care.

9. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT DATA WILL NOT BE LOST. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY.

11. Indemnification

You will defend, indemnify, and hold harmless TKO Cloud Solutions and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your Customer Data; (b) your communications sent through the Service; (c) your violation of these Terms or applicable law; or (d) your infringement of any third-party right.

12. Term, suspension & termination

These Terms apply while you use the Service. You may cancel at any time. We may suspend or terminate your access immediately for breach, non-payment, legal risk, or abuse. On termination, your right to use the Service ends; we may delete Customer Data after a reasonable period. Sections that by their nature should survive (including 3, 4, 7–11, 14–16) survive termination.

13. Acceptable Use

You agree to the Acceptable Use Policy, which prohibits illegal, harmful, infringing, deceptive, or abusive use, and unsolicited or non-compliant messaging. We may remove content or suspend accounts that violate it.

14. Governing law & dispute resolution

These Terms are governed by the laws of the State of Ohio, United States, without regard to conflict-of-laws rules. Except where prohibited, any dispute will be resolved by binding individual arbitration, and you and we waive the right to a jury trial and to participate in a class action. Either party may seek injunctive relief in court for intellectual-property or unauthorized-access matters. The exclusive venue for any permitted court action is the State of Ohio, United States.

15. Changes to these Terms

We may update these Terms. Material changes will be posted here with a new "Last updated" date and, where required, notified to you. Continued use after changes take effect means you accept them.

16. General

These Terms, the Privacy Policy, and the Acceptable Use Policy are the entire agreement between us. If any provision is unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger or sale; you may not assign without our consent. Our failure to enforce a provision is not a waiver. We are not liable for delays or failures due to events beyond our reasonable control (force majeure).

17. Contact

Questions about these Terms: legal@tkoforge.com · TKO Cloud Solutions · tkoforge.com.