Terms & Conditions

Agreement to Terms

These Terms and Conditions ("Terms," "Agreement") govern your access to and use of TambayanPH Business Consultancy Services ("TambayanPH," "we," "us," or "our") website, services, products, and community (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our Services.

These Terms apply to all visitors, users, clients, and others who access or use our Services.

1. Definitions

• "Services" refers to all services, products, content, features, and functionality offered by TambayanPH
• "User," "You," "Your" refers to the individual or entity accessing or using our Services
• "Content" includes text, graphics, images, code, software, data, and other materials
• "Intellectual Property" includes patents, trademarks, copyrights, trade secrets, and proprietary information
• "Third-Party Services" refers to external platforms, tools, and services integrated with our Services

2. Acceptance of Terms

By using our Services, you represent that you:

• Are at least 18 years of age or have parental/guardian consent
• Have the legal capacity to enter into this binding agreement
• Will comply with all applicable laws and regulations
• Have read, understood, and agree to these Terms and our Privacy Policy

3. Services Description

TambayanPH provides the following services:

• Automation Services: Custom automation solutions, n8n workflow development, and integration services
• Consulting Services: Business automation consulting, system architecture design, and implementation guidance
• Training Programs: Educational courses, workshops, and training on automation tools and technologies
• Community Access: Discord community, forums, resources, and peer support
• Software Products: Custom software solutions, tools, and applications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

4. User Accounts and Registration

4.1 Account Creation

To access certain Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

4.2 Account Termination

We reserve the right to suspend or terminate your account at our discretion, including for violation of these Terms, fraudulent activity, or extended inactivity.

5. Acceptable Use Policy

You agree to use our Services only for lawful purposes. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Engage in fraudulent, deceptive, or misleading activities
• Upload or transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity of our Services
• Use automated systems (bots, scrapers) without authorization
• Reverse engineer, decompile, or disassemble our software
• Resell, sublicense, or redistribute our Services without permission
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Collect personal information about other users
• Use our Services to compete with TambayanPH

6. Intellectual Property Rights

6.1 Our IP

All content, features, and functionality of our Services, including but not limited to:

• Software, code, and algorithms
• Text, graphics, logos, and designs
• Trademarks, service marks, and trade names
• Documentation, tutorials, and training materials
• Workflow templates and automation solutions

are owned by TambayanPH, our licensors, or other providers and are protected by international copyright, trademark, patent, and other intellectual property laws.

6.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business purposes.

6.3 User Content

By submitting content to our Services, you grant TambayanPH a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content for the purpose of providing and improving our Services.

7. Payment Terms and Billing

7.1 Fees and Charges

Certain Services require payment. By purchasing Services, you agree to:

• Pay all applicable fees as described at the time of purchase
• Provide accurate and complete billing information
• Authorize us to charge your payment method for all fees
• Pay all applicable taxes, including VAT, sales tax, and other charges

7.2 Pricing

All prices are in USD unless otherwise stated. We reserve the right to change our pricing at any time. Price changes will not affect existing contracts or active subscriptions.

7.3 Subscriptions

For subscription-based Services:

• Subscriptions automatically renew unless cancelled
• You will be charged on each renewal date
• You may cancel at any time before the next billing cycle
• No refunds for partial billing periods

7.4 Late Payment

Unpaid fees may result in service suspension. Late payments may incur interest charges of 1.5% per month or the maximum allowed by law.

8. Refunds and Cancellation

NO REFUND POLICY: All sales are final. We do not offer refunds for any Services, including but not limited to:

• Consulting services and time-based engagements
• Training programs and educational courses
• Custom development and automation projects
• Subscription fees (monthly or annual)
• Digital products and software licenses

By purchasing our Services, you acknowledge and agree to this no-refund policy.

For detailed information, please refer to our Refund Policy.

9. Warranties and Disclaimers

9.1 Service Availability

While we strive to provide reliable Services, we do not guarantee uninterrupted or error-free operation. Services are provided "AS IS" and "AS AVAILABLE."

9.2 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, TAMBAYANPH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• Warranties of merchantability and fitness for a particular purpose
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties that Services will meet your requirements
• Warranties regarding third-party services or integrations

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• TambayanPH shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• This includes loss of profits, revenue, data, or business opportunities
• Our total liability shall not exceed the amount you paid to us in the 12 months preceding the claim
• Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you

11. Indemnification

You agree to indemnify, defend, and hold harmless TambayanPH, its officers, directors, employees, contractors, agents, and affiliates from any claims, liabilities, damages, losses, and expenses arising from:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your content or data submitted to our Services

12. Confidentiality

During our engagement, you may have access to confidential information. You agree to:

• Keep all confidential information strictly confidential
• Not disclose confidential information to third parties
• Use confidential information only for the intended purpose
• Return or destroy confidential information upon request

13. Third-Party Services and Links

Our Services may integrate with or link to third-party services, including:

• n8n, Make.com, Zapier (automation platforms)
• GoHighLevel, HubSpot (CRM systems)
• Stripe, PayPal (payment processors)
• Discord, Slack (communication platforms)

We are not responsible for third-party services, their terms, or their practices. Use of third-party services is at your own risk.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] to attempt informal resolution.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict of law principles.

14.3 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in the Philippines.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting with a new "Last Updated" date. We will notify users of material changes via:

• Email notification to registered users
• Prominent notice on our website
• Discord community announcement

Continued use of Services after changes constitutes acceptance of the modified Terms.

16. Termination

We may terminate or suspend your access to Services immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• At our discretion for any reason

Upon termination, your right to use Services ceases immediately. Provisions that should survive termination (including payment obligations, warranties, and limitations of liability) will remain in effect.

17. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and TambayanPH regarding use of our Services, superseding any prior agreements.

19. Contact Information

For questions or concerns about these Terms, please contact us: