These Comprehensive Terms of Service ("Terms," "Terms of Service," "Agreement," "Service Agreement," "User Agreement," "Contract," or "Terms and Conditions") constitute a legally binding, enforceable, and comprehensive contractual agreement between you (whether personally individually as a natural person, or on behalf of an entity, organization, company, corporation, partnership, limited liability company, trust, association, or other legal person you represent, collectively, "User," "you," "your," "Customer," or "Subscriber") and Santa Fe Applied Systems LLC, a limited liability company duly organized, validly existing, and in good standing under and pursuant to the laws of the State of New Mexico, United States of America, doing business as "ABsort" (hereinafter collectively, interchangeably, and comprehensively referred to as "Company," "we," "us," "our," "ABsort," "Provider," "Licensor," "Data Controller," "Data Processor," or similar designations as the context may require).
This Agreement governs, controls, regulates, and addresses your access to, use of, interaction with, and rights and obligations regarding the ABsort website (including all domains, subdomains, and related URLs), platform, software applications (web-based, mobile, desktop, and other formats), application programming interfaces (APIs), software development kits (SDKs), tools, features, functionality, content, materials, resources, data, and all associated and related services provided by the Company (collectively and comprehensively, the "Service").
BY ACCESSING, BROWSING, USING, REGISTERING FOR, SUBSCRIBING TO, OR INTERACTING WITH THE SERVICE IN ANY MANNER WHATSOEVER, WHETHER AS A REGISTERED USER, GUEST, VISITOR, OR OTHERWISE, YOU EXPRESSLY, UNEQUIVOCALLY, UNCONDITIONALLY, IRREVOCABLY, AND ABSOLUTELY ACKNOWLEDGE, CONFIRM, REPRESENT, WARRANT, AND AGREE THAT YOU HAVE CAREFULLY READ, THOROUGHLY UNDERSTOOD, AND VOLUNTARILY ACCEPTED THESE TERMS IN THEIR ENTIRETY WITHOUT LIMITATION, QUALIFICATION, OR RESERVATION. IF YOU DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICE AND MUST IMMEDIATELY CEASE ALL USE AND DISCONNECT FROM THE SERVICE.
The Company reserves the unilateral right to modify, amend, update, or change these Terms at any time in its sole discretion. Your continued use of the Service following any changes constitutes acceptance of the modified Terms.
You represent, warrant, covenant, and guarantee that: (a) you are at least eighteen (18) years of age (or the age of majority in your jurisdiction of residence if older) and possess the full legal capacity, right, power, competence, and authority to enter into this Agreement and to perform all obligations hereunder; (b) you are not prohibited by any applicable law, regulation, or court order from accessing or using the Service; (c) you have not been previously suspended or removed from the Service; and (d) your use of the Service will comply with all applicable local, state, national, and international laws, rules, and regulations.
To access certain features, you must register for an account. You agree to provide accurate, current, complete, truthful, and verifiable information during registration and to promptly update such information to maintain its accuracy. Providing false, misleading, or incomplete information is a material breach of this Agreement and grounds for immediate termination.
You are solely and exclusively responsible for maintaining the strict confidentiality and security of your account credentials (username, password, API keys, tokens). You agree to immediately notify the Company of any unauthorized access, use, or security breach. The Company shall not be liable for any loss or damage arising from your failure to protect your account. You are fully responsible for all activities that occur under your account, regardless of whether authorized by you.
Subject to your strict, continuous, and complete compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal license to access and use the Service solely for your internal business purposes in accordance with your subscription plan. This license does not convey any ownership rights in the Service.
You explicitly agree not to, and not to permit others to:
The Service, including its architecture, design, code, graphics, user interface, "look and feel," content, and all intellectual property rights therein (patents, copyrights, trademarks, trade secrets), are and shall remain the exclusive property of Santa Fe Applied Systems LLC and its licensors. All rights not expressly granted are reserved.
You retain ownership of data you upload ("User Content"). By submitting User Content, you grant the Company a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display User Content as necessary to provide, improve, and maintain the Service.
Any suggestions, feedback, or ideas you provide regarding the Service shall be deemed non-confidential and shall become the sole property of the Company. You hereby assign all right, title, and interest in such feedback to the Company without compensation.
IMPORTANT NOTICE REGARDING PAYMENTS: Santa Fe Applied Systems LLC does NOT directly process, handle, store, or manage credit card details, bank account information, or financial transactions. All billing, payment processing, tax collection, and financial compliance services are exclusively managed, operated, and controlled by a third-party Merchant of Record ("MoR").
By purchasing a subscription or making any payment through the Service, you expressly acknowledge and agree that your transaction is solely between you and the designated MoR. The MoR is the party authorized to resell the Service to you and is responsible for all payment-related matters, including chargebacks, refunds, fraud prevention, and tax calculation/remittance.
The specific identity and contact information of the applicable MoR for your transaction will be provided upon formal written request to our Legal Department. We do not publicly disclose the identity of our security-sensitive financial partners to prevent targeted phishing or social engineering attacks.
DISCLAIMER OF LIABILITY: SANTA FE APPLIED SYSTEMS LLC SHALL HAVE NO LIABILITY, RESPONSIBILITY, OR OBLIGATION WHATSOEVER FOR ANY ERRORS, ISSUES, DISPUTES, UNAUTHORIZED CHARGES, FRAUD, SECURITY BREACHES, OR CLAIMS ARISING FROM OR RELATING TO PAYMENT PROCESSING OR FINANCIAL TRANSACTIONS. ANY AND ALL CLAIMS, DISPUTES, COMPLAINTS, OR ACTIONS REGARDING BILLING, PAYMENTS, OR REFUNDS MUST BE DIRECTED EXCLUSIVELY TO THE MERCHANT OF RECORD. YOU HEREBY WAIVE, RELEASE, AND DISCHARGE SANTA FE APPLIED SYSTEMS LLC FROM ANY SUCH CLAIMS.
Access to certain features requires payment of fees. You agree to pay all applicable fees in accordance with the billing terms in effect at the time a fee or charge is due and payable. Unless you notify the MoR or us before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize the MoR to collect the then-applicable annual or monthly subscription fee.
No Refunds: All fees specific to the Service are non-refundable and non-transferable, except as expressly provided in these Terms or required by applicable law.
The Company uses reasonable efforts to maintain Service availability but does not guarantee 100% uptime. Disruptions may occur due to maintenance, updates, or force majeure events.
The Company reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuance.
The Company may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service ceases immediately.
THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE; AND (C) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE, RELIABLE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT ANY ISSUES WILL BE CORRECTED OR THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SANTA FE APPLIED SYSTEMS LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Service; (c) your User Content; or (d) your violation of any rights of a third party or applicable law.
These Terms and any dispute or claim arising out of or related to them shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the state or federal courts located in New Castle County, Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Although Santa Fe Applied Systems LLC is organized under the laws of New Mexico, the parties acknowledge and agree that Delaware law and venue are selected to benefit from Delaware's established corporate jurisprudence and strong privacy protections for business entities.
At Company's sole discretion, it may require You to submit any disputes arising from these Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
These Terms, together with the Privacy Policy and Legal Notice, constitute the sole and entire agreement between you and the Company regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
This website is operated by Santa Fe Applied Systems LLC (d/b/a ABsort). All notices, feedback, comments, requests for technical support, and other communications relating to the Service should be directed to:
Santa Fe Applied Systems LLC