Licensing, Terms & Master Service Agreement
These terms cover Ai PC Fix, Two Minute Fix, and related Tates PC services provided by LV PC Fix LLC. By ordering or using the services, you agree to this document and our Privacy Policy.
Last updated: Sunday, August 9, 2026. Canonical copy: https://tatespc.com/licensing.php (/licensing.html redirects here).
Copyright information
Last updated: Sunday, August 9, 2026
Tates PC is a DBA of LV PC Fix LLC and was previously of Tates PC Repair, LLC... APF, TPR, TMF, Automatic PC Fix, Two Minute Fix, Two Min Fix, Tates PC, Tates PC Repair LLC, "Tates PC Repair, LLC", LV PC Fix LLC, and Tates PC Repair may be used interchangeably through this document to identify the owner, LV PC Fix LLC.
Sales and Use Taxes differ from state to state. It is your responsibility to pay any sales or use tax due for this software. This is an automation program that delivers a professional service. If there are taxes due on online programs or professional services in your state, then you likely are required to pay sales and/or use tax. Please consult your accountant for your local tax laws.
An original copy of this license can be found on https://tatespc.com/licensing.php
The copyright explained in more detail:
- A = Attribution (see item 12)
- NS = Non-Sharable (see items 1, 2, 3, 4, 7, 9, and 11)
- NC = Non-Commercial (see items 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, and 12)
- ND = No Derivatives (see items 1, 2, 3, 5, 6, and 7)
- BY = By Owner (see items 12 and 13)
Trade Secret explained:
Please see: https://en.wikipedia.org/wiki/Trade_secret
This document can be updated without notice and it is the responsibility of the end user to ensure they read it and understand it completely prior to using any of our software. This document will be the first and primary legal guideline for the user and Tates PC in the case of a dispute.
Packaged contents not fully owned by Tates PC are outlined below.
Copyrights of integrated components:
- TMF.msi is a monitoring service that is commercially licensed by Tates PC and resold with permission. NinjaRMM © ALL RIGHTS RESERVED by NINJA ONE
- BitDefender © Copyright BitDefender. Protected by U.S. Patents 8,151,352 B1, 8,407,797 B1, 8,695,100 B1, 8,813,222 B1, 8,813,239 B2, 8,584,235 B2, 9,118,703 B2, 8,935,783 B2, 9,203,852 B2, 9,323,931 B2, and 9,117,077 B2. Additional patents may be pending in the U.S. and elsewhere.
- CURL is Open Source and licensing can be found here.
End User Agreement
A - Source
The only genuine source for the Two Minute Fix program is https://TwoMinuteFix.com
SPECIAL NOTE: ANY AND ALL OTHER SOURCES ARE FRAUD AND SHOULD BE REPORTED TO support@twominutefix.com IMMEDIATELY
B - Ownership
This program and all its contents are fully protected under international copyright laws. The use of this program is only permitted as outlined below.
- General information about intended use:
- A software license is to be purchased by the end user. This is emailed to the buyer once payment clears processing.
- The software should be downloaded from the link in the licensing email.
- The software may be installed a single time per license(s) purchased (declared on the order overview page).
- The software will then be removed by the installer and replaced with an active cloud-based service.
- Once used, this license SHOULD NOT be used again without purchasing an additional use from Tates PC. If used again the buyer agrees to pay an additional setup fee up to $250 per use and the additional PC fee, if not removed within 30 days, for ongoing monitoring.
- The software license is provided as-is and the software is provided as-is. A license to use does not, in any way, grant any form of ownership of the software. The software and its contents are only temporarily transferred to the local user machine while the code is executed then is to be removed immediately.
- Backup software includes a limited amount of backup. It will automatically attempt to backup all files, by type selected by Tates PC, in your user account. If your backup exceeds your initial purchase agreement, you will be billed for the excess. If your card on file is declined and/or you do not pay your excess billing the backup will be disabled, and your files removed from the backup server.
- General information about unintended use:
1. You may not use this program as inspiration for derived works
2. You may not use this program for commercial, non-commercial, or educational purposes without a paid, and currently active, license to do so.
3. You may not share this program
4. You may not create a backup of this program
5. You may not inspect the source code of this program
6. You may not decompile this program
7. You may not store a single copy of this program past the single session that is paid and used. Storing a copy of this program's installer is potential grounds for license fraud as a local/offline copy is only available as a Technician license. The user is responsible to act according to the license and delete all source scripts and program installers from their computer if found (excluding active APF subscribers and code stored in %systemroot%\..\tprl\tmf).
8. Use of this program is based on the terms agreed upon on https://TwoMinuteFix.com at the time of purchase and/or update. When no terms are presented on Two Minute Fix installer or present with the TMFManual application then running this program subjects you to the latest licensing as outlined in this document.
9. You must download this program each time you desire to use it and a log of each download will be kept by Tates PC. The download can be found on https://dl.tatespc.com/.
10. Use of this program while disabling the dial-home feature is strictly prohibited.
11. Use of this program offline is strictly prohibited unless permission is expressly granted, in writing, by LV PC Fix LLC - General information about referencing:
12. Two Minute Fix is a registered trademark of Tates PC, which is a registered DBA of LV PC Fix LLC in Nevada, USA. When referencing the Two Minute Fix or its logo from anything it is required to display the ® REGISTERED, © COPYRIGHT, or ™ TRADEMARK logos and list either Tates PC or LV PC Fix LLC as the rightful owner.
13. BY explained in more detail: when "Two Minute Fix" or the Two Minute Fix logo are referenced or linked to (from ANY location besides https://tatespcrepair.com, https://tatespc.us, https://1d107.com/, or https://TwoMinuteFix.com) they MUST be attributed to their rightful owner (preferably as "© Tates PC, all rights reserved, see https://TwoMinuteFix.com") accompanied by the R/C/TM emblems touching the brand name or logo UNLESS they are linked by the owner and only when on Two Minute Fix or Tates PC owned / leased locations. - Refund Policy:
- Refunds should take place within 14 days of the original order being placed and only when the program has not been installed/used. Any refunds passed the 14-day window will be based on the sole discretion of Tates PC and are an exception to the policy.
- Refunds will be allowed until the software license is used to download/install/activate the software. Once Tates PC delivers the software license to the client and it is used in any way the purchase is considered complete. IF the software fails to run the buyer agrees to use the ticket system (open a new ticket by emailing support@twominutefix.com ) to resolve issues with their computer.
- If Tates PC is unable or unwilling to resolve an issue, has not received a notification of usage, has been given access to verify the software has not been run on the computer, and the refund request was made within 14 days then a full refund will be offered, minus any CC processing fees.
- In the event a backup fails or does not contain a requested file, Tates PC cannot be held liable for more than the cost of the backup service. By purchasing the backup you also agree to the Privacy Policy for the backup.
- As of March 1st, 2020: ALL refunds, no matter the circumstances, will not include bank, transfer, or any processing fees.
ALL contents of this program are solely owned and protected from all commercial and non-commercial use, even if not outlined above, by Tates PC.
All contents of the installation, application, and included snippets are fully original works that are coded by Joe Tate from start to finish unless mentioned in the licensing and agreement. The original project plan can only be made available when subpoenaed and then only after review and approval from Tates PC due to its contents being a trade secret.
For commercial licensing inquiries (access to reuse this is permitted on a by-case review from LV PC Fix LLC, and we reserve the right to refuse and revoke any commercial licensing for any reason) please contact support@twominutefix.com
For claims against this software please contact support@twominutefix.com
Privacy of Two Minute Fix adheres to the privacy policy found at /privacy.php
Master Service Agreement, Service Terms & Limitation of Liability
This Master Service Agreement ("MSA") governs all paid managed services, software, hardware, hosted platforms, professional services, and any other deliverables (collectively, the "Services") provided by LV PC Fix LLC, a Nevada limited liability company doing business as Tates PC ("Tates PC", "we", "us", or "our"), located in Henderson, Clark County, Nevada, USA, to the customer who purchases or uses any Service ("Client", "you", or "your").
1. Acceptance & Authority (Auto-Binding). By submitting an order on tatespc.com (including legacy hosts that redirect here), paying any invoice, allowing the Two Minute Fix agent to remain installed, or otherwise using any Service for more than 24 hours after activation, Client (and the individual placing the order on Client's behalf, who represents that they have full authority to bind the Client organization) agrees to be bound by (a) this MSA, (b) the Copyright and End User Agreement above, and (c) the Privacy Policy at /privacy.php, all as updated from time to time at Tates PC's sole discretion. Acceptance is automatic and non-negotiable; no separately signed countersignature is required for these terms to be in full force and effect. If Client does not agree, Client must cease all use of the Services within 24 hours and request termination per Section 13.
2. Services Covered. This MSA covers all Tates PC offerings, including without limitation: Two Minute Fix (TMF) endpoint monitoring, automated remediation, software-update management, and reporting; Automatic PC Fix (APF) repair automation; TMF Backup (file-level workstation and server backup); Acronis Cyber Protect — Microsoft 365 backup, immutable workstation backup, immutable server backup, and Disaster Recovery; Microsoft 365 reseller services (Business Basic, Standard, Premium; Enterprise E3, E5, E7; Microsoft 365 Copilot AI; Entra ID MFA add-on; tenant onboarding); Internal Security Testing (continuous penetration testing) delivered via the on-premises greybox appliance; Bitdefender antivirus tier 1 and Bitdefender with web filter and Endpoint Detection and Response (tier 2); helpdesk and remote support (residential and business hourly); PSA ticket boards and ticket routing; the Ai PC Fix Dashboard, Remote Access, and the Customer Portal at dl.tatespc.com; hardware sales (e.g., the on-prem testing appliance) and any related professional or onboarding services.
3. Geographic Scope — United States Only. Tates PC actively conducts business only within the fifty United States and the District of Columbia. The Services are designed, hosted, supported, and lawfully resold under United States and Nevada State law. Tates PC makes no representation that any Service is appropriate, lawful, compliant, or available outside the United States.
3.1 Non-U.S. and International Users. Any individual, business, or entity outside the United States ("International User") who accesses, downloads, signs up for, or pays for any Service does so entirely at their own risk and on their own initiative. International Users are solely responsible for determining and complying with all laws, regulations, data-protection regimes, tax obligations (including without limitation GDPR, UK GDPR, PIPEDA, the Australian Privacy Act, LGPD, and any other domestic legislation), import/export controls, and consumer-protection rules applicable in their jurisdiction. International Users acknowledge that their local jurisdictions have not provided notice, guidance, or compliance instruction to Tates PC in any reasonable form, and that Tates PC has no practical ability to ascertain or comply with the laws of every jurisdiction worldwide. Accordingly, International Users agree to fully indemnify, defend, and hold harmless Tates PC, its members, officers, employees, agents, and affiliates from any claim, fine, penalty, loss, judgment, regulatory action, or attorney's fee arising in any way from the International User's access to or use of the Services in such jurisdiction. International Users waive, to the maximum extent permitted, any right they may have under non-U.S. law and consent to the exclusive U.S. / Nevada governing law and venue in Section 16.
4. Fees, Billing, Term, and Auto-Renewal.
- Fees, Payment Processor & Taxes. All charges are processed in U.S. dollars through Stripe, Inc., a United States payment processor; Stripe's terms govern card processing, authorization holds, and chargebacks. Tates PC does not collect or remit any sales, use, excise, value-added, or similar tax on the Services, because the Services are not subject to such tax to Tates PC in its home jurisdiction (the State of Nevada). Client is solely and exclusively responsible for determining and remitting any sales, use, consumption, gross-receipts, or similar tax that may be owed in Client's own state, county, municipality, or country — including any United States "use tax" that may apply when an out-of-state seller does not collect sales tax at point of sale. Client should consult its own accountant or tax advisor; Tates PC does not provide tax advice and any statement on this page is informational, not advisory. International Users (see Section 3.1) are additionally responsible for any VAT, GST, withholding, or import tax in their jurisdiction.
- Billing. Charges are processed via Stripe on the schedule shown at checkout (monthly or yearly). One-time setup fees are billed on the first invoice. Microsoft 365, Acronis, and Internal Security Testing are billed yearly in advance and require a one-year minimum commitment (see Section 8).
- Auto-Renewal. All recurring Services renew automatically on each anniversary of activation at then-current list pricing unless Client cancels at least thirty (30) days prior to the renewal date through the customer portal or by written ticket to support@twominutefix.com. Continued use after renewal constitutes acceptance.
- Late & Failed Payments. Tates PC may suspend or terminate any Service if a payment is more than five (5) calendar days past due. Suspension may include disabling the Two Minute Fix agent, pausing backups, releasing seats, and removing data from cloud storage after thirty (30) days of non-payment.
- Price Changes. Recurring pricing may be increased on at least thirty (30) days written notice (email is sufficient).
5. Monthly Service Report — Client Audit Obligation (CRITICAL).
- Monthly Report. On or about the first day of each calendar month, Tates PC will deliver to Client's primary contact email a statement of services rendered the preceding month, covered devices, license counts, backup status (where applicable), and other Service-level data (the "Monthly Report"). The Monthly Report is also available on demand from the customer portal.
- Audit Window. Client is solely responsible for reviewing each Monthly Report promptly upon receipt and notifying Tates PC in writing (via support ticket) of any discrepancy, missing coverage, unauthorized device, billing error, or scope-change request within thirty (30) calendar days of the date the Monthly Report was sent.
- Conclusive Acceptance. Any item, charge, omission, or coverage state not disputed in writing within the 30-day audit window is deemed conclusively accepted by Client and waived as a basis for refund, credit, claim, or dispute, regardless of when later discovered. This is a fundamental allocation of risk between the parties; Client expressly waives any contrary statute of limitations or discovery rule.
- Stripe invoices, receipts, and the Monthly Report together constitute the books and records of the parties' commercial relationship. Client agrees not to initiate chargebacks or payment disputes for any item not first disputed under Section 5.2.
6. Limitation of Liability — Hard Cap at One Month of Service (CRITICAL).
- Cap on Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS MSA OR ANY OTHER AGREEMENT BETWEEN THE PARTIES, THE TOTAL CUMULATIVE LIABILITY OF TATES PC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, RESELLERS, AND THIRD-PARTY VENDORS, FOR ANY AND ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATED TO THE SERVICES (INCLUDING WITHOUT LIMITATION CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, FAILURE TO BACK UP DATA, FAILURE TO RESTORE DATA, SECURITY BREACH, RANSOMWARE LOSS, BUSINESS INTERRUPTION, REGULATORY FINE, OR ANY OTHER LEGAL OR EQUITABLE THEORY) SHALL NOT EXCEED THE LESSER OF (a) THE AMOUNTS ACTUALLY PAID BY CLIENT TO TATES PC FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM, OR (b) ONE (1) MONTH OF RECURRING FEES FOR THAT SERVICE AT THE THEN-CURRENT BILLING RATE.
- Excluded Damages. IN NO EVENT SHALL TATES PC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST GOODWILL, LOST DATA, OR COST OF SUBSTITUTE PROCUREMENT, EVEN IF TATES PC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Marketed Terms. If any Service fails to perform as marketed, described in the signup form, or described in the customer portal, Client's exclusive remedy is the cap in Section 6.1. Client agrees that pricing has been set in reliance on this allocation of risk and that the Services would not be commercially viable absent this cap.
- Failure of Essential Purpose. The cap in Section 6.1 applies even if any limited remedy is found to fail of its essential purpose.
7. HIPAA, Business Associate Agreement, and Protected Health Information.
- HIPAA Compliance — Tates PC Side. Tates PC maintains administrative, physical, and technical safeguards consistent with the HIPAA Security Rule (45 C.F.R. Part 164, Subpart C) on the Tates PC Protect backup system that Tates PC controls. HIPAA compliance on the Tates PC side is a Tates PC obligation.
- BAA Is Client's Responsibility to Request. Client is solely responsible for determining whether Client is a "Covered Entity" or "Business Associate" under HIPAA and for requesting a written Business Associate Agreement ("BAA") from Tates PC before transmitting, storing, processing, or otherwise causing any Protected Health Information ("PHI", as defined at 45 C.F.R. § 160.103) to enter the Services. A BAA must be executed by an authorized officer of LV PC Fix LLC; no other Tates PC employee, contractor, or agent may bind LV PC Fix LLC to a BAA.
- No BAA = No PHI. Without a fully countersigned BAA in effect, Client warrants that no PHI will be sent through, stored on, or processed by the Services. Client is solely liable for any PHI that enters the Services in the absence of a BAA, including any HIPAA penalty, OCR enforcement action, breach-notification cost, or third-party claim resulting therefrom, and shall fully indemnify Tates PC for same.
- Plain-Email Warning. Client acknowledges that ordinary email (including ticket-board email) is not a HIPAA-compliant transport for PHI. Client must use their own secure messaging channels when communicating with Tates PC for any sensitive personal information.
- The MSA Is Not a BAA. This MSA does not constitute, replace, or modify a BAA. Where a BAA is in place, the BAA controls with respect to PHI handling and any conflict is resolved in favor of the BAA only as to PHI; all other terms of this MSA remain in full force.
- Automatic Binding & Yield to a Later Signed MSA. This MSA is binding on Client automatically upon any of the triggers in Section 1, regardless of whether Client has requested or executed a BAA. The absence of a BAA does not excuse Client from any other term of this MSA. This MSA yields exclusively to a separately negotiated, written master service agreement that is signed by an authorized officer of LV PC Fix LLC after Client has purchased Services, and only with respect to the specific terms expressly addressed in that signed agreement. Where any such signed agreement is silent, ambiguous, or fails to address a particular subject (including without limitation the limitation of liability in Section 6, the audit obligation in Section 5, the HIPAA terms in this Section 7, the third-party vendor passthroughs in Section 8, the indemnifications in Section 9, and the governing law / venue / arbitration in Section 16), this MSA continues to control as the gap-filler and remains in full force and effect. No verbal statement, email exchange, draft, redline, marketing copy, sales conversation, or unsigned document modifies this MSA — only a counter-signed writing executed by an authorized officer of LV PC Fix LLC will do so.
8. Third-Party Vendors, Commitments, and Disclosures.
- Microsoft 365. Microsoft 365 licenses are resold under the Microsoft Cloud Solution Provider program. All Microsoft 365 lines (Business Basic, Standard, Premium; Enterprise E3/E5/E7; Copilot; Entra ID MFA add-on; tenant setup) require a one-year commitment per Microsoft's Customer Agreement, which Client accepts upon order. Cancellations within Microsoft's 7-day window may be prorated; thereafter, the full annual term is owed. Microsoft is the sole authority on feature availability, service-level performance, and outage credit.
- Acronis. Acronis Cyber Protect (Microsoft 365 backup, immutable workstation/server backup, Disaster Recovery) is provided under Acronis's terms of use. All Acronis lines require a one-year commitment because Acronis bills LV PC Fix LLC on annual terms. Storage overages, retention beyond plan defaults, and DR egress fees may apply per the Acronis price list and will appear on the Monthly Report.
- Bitdefender. Bitdefender antivirus (tier 1 and tier 2) is provided under Bitdefender's commercial license; the patents listed in the Copyright Information section above remain the property of Bitdefender.
- NinjaOne. The TMF agent, dashboard plumbing, Remote Access, and TMF Backup file-level backup service are powered by NinjaOne (NinjaRMM, LLC) under a commercial reseller license. Service-level performance, retention, and storage policy follow NinjaOne's then-current platform terms.
- Horizon3.ai / NodeZero (Internal Security Testing — disclosed solely for indemnification purposes). The Internal Security Testing service marketed by Tates PC as a whitelabeled offering is delivered using the NodeZero® autonomous penetration-testing platform from Horizon3.ai, Inc. ("Horizon3"). This single legal disclosure is made solely so Client cannot later claim non-disclosure as a basis for any claim. Client agrees that:
- Horizon3 and NodeZero are independent third-party technology over which Tates PC exercises no engineering control;
- Horizon3's platform terms, acceptable-use policy, and authorization-to-test requirements pass through to Client, and Client authorizes Tates PC and Horizon3 to perform automated penetration testing within the agreed scope;
- any security finding, false positive, false negative, network-impact event, performance degradation, brief outage, or alert generated during testing is an inherent property of authentic penetration testing and is not a defect or breach by Tates PC;
- Tates PC's liability for any matter arising from or relating to the testing platform is strictly limited per Section 6, and Client's exclusive remedies for platform-level issues are those Tates PC may obtain (if any) from Horizon3 under its upstream agreement;
- Client shall not represent to any third party that Horizon3 or NodeZero is the source of testing and shall direct all support requests, incident reports, and remediation guidance through Tates PC;
- the on-premises testing appliance is licensed (not sold) for the term, must remain in service throughout the contract, and replacement hardware after failure or refresh is billed to Client at Tates PC's then-current cost.
- Other Vendors. Stripe is the payment processor; Stripe's terms govern card processing and chargebacks. Other vendors may be added with notice on this page.
9. Indemnification. Client shall defend, indemnify, and hold harmless Tates PC, its members, officers, employees, agents, affiliates, and upstream vendors (including Microsoft, Acronis, Bitdefender, NinjaOne, Horizon3, and Stripe) from any third-party claim, demand, fine, penalty, suit, judgment, or expense (including reasonable attorneys' fees) arising from: (a) Client's use or misuse of the Services; (b) Client-supplied data, content, or instructions; (c) Client's violation of any law, regulation, or third-party right; (d) Client's failure to obtain a BAA before transmitting PHI; (e) Client's operation outside the United States; (f) Client's acts or omissions during, after, or in response to penetration testing; or (g) any inaccuracy in information Client provides to Tates PC at signup or thereafter.
10. Confidentiality. Each party shall protect the other's non-public business information disclosed in the course of the Services with the same standard of care it uses for its own confidential information (and not less than reasonable care). Tates PC's automation, configurations, scripts, dashboards, and the project plan referenced in the End User Agreement above are trade secrets of LV PC Fix LLC and may not be disclosed, copied, reverse-engineered, or used for any purpose other than receiving the Services.
11. Acceptable Use & Client Responsibilities. Client shall: (a) maintain accurate device, user, and contact records on the signup form and update them when scope changes; (b) ensure Client owns or has full authority over every endpoint, network device, or Microsoft 365 tenant placed under the Services; (c) not use the Services to transmit unlawful, infringing, or malicious content; (d) not interfere with the Two Minute Fix agent, the testing appliance, the dashboard, or the dial-home telemetry referenced in the End User Agreement; (e) keep payment methods current; and (f) cooperate reasonably with Tates PC for onboarding, scoping calls, and remediation work.
11.1 Signup Form Selections & Seat Caps (binding). Quantities entered on tatespc.com/signup.php (devices, users, backup seats, Microsoft 365 licenses, security-testing scope, and related options) are binding commercial selections. Backup and disaster-recovery seats may not exceed the Desktops and Servers counts on the same order. Unmanaged devices entered for Internal Security Testing count toward test scope and yearly price only; they are not Ai PC Fix monitored seats unless also listed under Desktops, Servers, or Network devices. Where Client purchases Cloud Protect, Microsoft 365, Acronis disaster recovery, or Internal Security Testing without purchasing every usual prerequisite on the same order, Client represents that those prerequisites (including an existing Microsoft 365 tenant or licenses where applicable) are already in place; if that representation is incorrect, applicable license, tenant setup, and related fees may be billed before Services are delivered.
11.2 Removals and Cancellation Notice. Removals of covered seats and full cancellations must be requested by support ticket with at least sixty (60) days' notice, except where Section 13 provides a different written rule for a specific Service term. Annual-commitment Services remain subject to Section 8 and Section 13.
11.3 Internal Security Testing — Scope Lock and Framework Alignment. Internal Security Testing scope locks at signup (Client may grow scope but may not shrink below the contracted minimum without Tates PC's written agreement). Testing is continuous automated validation, not a compliance certificate, policy review, or human red-team engagement. Results may support Client's own assessments under frameworks such as NIST SP 800-53, NIST Cybersecurity Framework, CIS Controls, CISA penetration-testing guidance, MITRE ATT&CK, and ISO/IEC 27001, but Tates PC does not warrant that any particular audit or certification will be achieved.
12. Warranty Disclaimer. EXCEPT AS EXPRESSLY STATED IN THIS MSA, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TATES PC AND ITS UPSTREAM VENDORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE. TATES PC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT BACKUPS, RESTORES, ANTIVIRUS DETECTIONS, OR PENETRATION TESTS WILL CATCH EVERY THREAT OR EVERY FILE EVERY TIME.
13. Termination.
- By Client. Client may terminate any month-to-month Service for convenience on at least thirty (30) days' written notice via support ticket. Annual-commitment Services (Microsoft 365, Acronis, Internal Security Testing) may be terminated only at the end of their committed term, except for material breach by Tates PC that remains uncured 30 days after written notice.
- By Tates PC. Tates PC may suspend or terminate any Service immediately for non-payment, abuse, illegality, security risk, or material breach by Client.
- Effect. Upon termination, Client's right to use the Services ends immediately. Client must remove the Two Minute Fix agent and return any Tates PC-owned hardware (including the testing appliance) within fifteen (15) days. Cloud-stored backups will be retained for thirty (30) days post-termination and then permanently deleted unless Client purchases an export.
14. Force Majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including without limitation acts of God, fire, flood, earthquake, war, terrorism, civil unrest, labor disturbance, pandemic, government order, internet/cloud-provider outage, upstream vendor failure (Microsoft, Acronis, NinjaOne, Horizon3, Stripe), ransomware on third-party infrastructure, or extraordinary cyberattack.
15. Modifications. Tates PC may update this MSA at any time. The current version is always at https://tatespc.com/licensing.php and supersedes all prior versions. Client's continued use of the Services after the "Last updated" date above constitutes acceptance of the updated terms.
16. Governing Law, Venue, and Dispute Resolution.
- Governing Law. This MSA, the End User Agreement, and any dispute of any kind between the parties are governed exclusively by the laws of the State of Nevada, USA, without regard to conflict-of-law principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
- Venue. Subject to Section 16.3, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Clark County, Nevada (Henderson and Las Vegas), and waive any objection to that venue, including forum non conveniens.
- Mandatory Arbitration & Class-Action Waiver. Any dispute, claim, or controversy not first resolved through good-faith negotiation within thirty (30) days shall be resolved by binding arbitration administered by JAMS in Clark County, Nevada under JAMS Streamlined Arbitration Rules. The arbitrator shall have no authority to award damages in excess of the cap in Section 6.1. CLIENT EXPRESSLY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST TATES PC OR ITS UPSTREAM VENDORS. The prevailing party is entitled to its reasonable attorneys' fees and costs.
- Equitable Relief. Notwithstanding 16.3, Tates PC may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its trade secrets, intellectual property, or to enforce non-payment.
17. Notices. Notices to Tates PC must be sent via support ticket to support@twominutefix.com and addressed to "Legal — LV PC Fix LLC, Henderson, Nevada." Notices to Client are deemed delivered when sent to the primary email on file at signup.
18. Miscellaneous.
- Independent Contractors. The parties are independent contractors; nothing creates a partnership, joint venture, agency, or employment relationship.
- Assignment. Client may not assign this MSA without Tates PC's prior written consent. Tates PC may assign in connection with a merger, sale, or reorganization.
- Severability. If any provision is held unenforceable, the remainder remains in effect; the unenforceable provision shall be modified to the minimum extent necessary to be enforceable while preserving its intent — this includes any reduction of the liability cap in Section 6 to the lowest amount permitted by law in the relevant jurisdiction.
- No Waiver. A failure to enforce any right is not a waiver of that right.
- Entire Agreement. This MSA, the Copyright Information, the End User Agreement, the Privacy Policy, and (where executed) a BAA constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, proposals, marketing copy, or discussions on the subject matter. Any conflicting term in a Client-issued purchase order or vendor portal is rejected.
- Survival. Sections 5–10, 12, 13.3, and 16–18 survive termination of any Service.