Tidal Solutions Marketing Platform

Terms and Conditions of Service · Effective May 26, 2026

These Terms and Conditions (“Agreement”) govern your access to and use of the Tidal Solutions Marketing Platform, a digital marketing and CRM solution operated by Tidal Solutions Corp. By accessing or using the Platform, you agree to be bound by this Agreement. If you do not agree, do not use the Platform.

1. Definitions

  • “Platform” — The Tidal Solutions Marketing Platform, including all features, tools, dashboards, automations, CRM capabilities, and related services.
  • “Client” / “you” — The business entity or individual granted access to the Platform.
  • “Sub-Account” — A workspace within the Platform created and managed by Tidal Solutions on your behalf.
  • “Content” — All data, text, images, campaigns, contacts, and materials uploaded or created within the Platform.
  • “Users” — Your employees, agents, or other authorized individuals accessing the Platform using your credentials.

2. Access and Account Registration

2.1 Tidal Solutions will provision a Sub-Account for you. You are responsible for ensuring all account information is accurate, current, and complete.

2.2 You are responsible for maintaining the confidentiality of your login credentials. Notify us immediately at [email protected] if you suspect unauthorized access.

2.3 Tidal Solutions reserves the right to suspend or terminate access if your account is compromised or used in violation of this Agreement.

3. Description of Services

The Platform provides the following core capabilities, subject to your subscription plan:

  • Lead capture, management, and CRM tools
  • Marketing automation including email and SMS campaigns
  • Sales pipeline and opportunity tracking
  • Online booking, calendar management, and appointment scheduling
  • Website and funnel builder
  • Social media calendar and scheduling tools
  • Reporting and analytics dashboards
  • Third-party integrations as made available from time to time

Tidal Solutions reserves the right to modify or discontinue any feature with at least 30 days’ notice.

4. Acceptable Use Policy

You agree to use the Platform only for lawful business purposes in compliance with all applicable laws, including the Philippine Data Privacy Act of 2012 (RA 10173).

You must not use the Platform to: send spam; upload unlawful, defamatory, or infringing content; conduct phishing or fraud; interfere with the Platform’s infrastructure; gain unauthorized access; or store sensitive personal data (e.g. financial accounts, government IDs, health records) without appropriate safeguards.

Tidal Solutions may remove violating Content and suspend or terminate your account without notice for serious violations.

5. Data, Privacy, and Security

5.1 You retain ownership of all Content you upload or create. You grant Tidal Solutions a limited license to host and process your Content solely to provide the Services.

5.2 As the data controller of your contacts, you are responsible for obtaining all necessary consents under applicable data protection laws.

5.3 We implement reasonable security measures to protect your data but cannot guarantee absolute security. In the event of a breach, we will notify you as required by law.

6. Payment and Billing

6.1 Access is provided pursuant to a separate commercial agreement. All fees are as set forth in that agreement and are due per the agreed payment schedule.

6.2 Failure to pay may result in suspension or termination. All fees are non-refundable unless otherwise agreed in writing.

6.3 Tidal Solutions reserves the right to update pricing with at least 30 days’ prior written notice. You are responsible for all applicable taxes.

7. Intellectual Property

7.1 The Platform and its underlying technology remain the proprietary property of Tidal Solutions and/or its licensors. Nothing in this Agreement transfers ownership rights to you.

7.2 You are granted a limited, non-exclusive, non-transferable, revocable license to use the Platform for internal business purposes during your subscription term.

7.3 You must not copy, modify, distribute, sell, or reverse-engineer the Platform. You retain all intellectual property rights in your Content.

8. Confidentiality

Each party agrees to keep the other’s confidential information strictly confidential and not disclose it without prior written consent, except as required by law. These obligations survive termination for three (3) years.

9. Third-Party Services and Integrations

The Platform may integrate with third-party services (e.g. email providers, SMS gateways, payment processors). Your use of such services is subject to their own terms. Tidal Solutions is not responsible for any third-party provider’s acts or omissions.

10. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Tidal Solutions does not warrant uninterrupted or error-free operation, nor does it guarantee specific results from use of the Platform.

11. Limitation of Liability

To the maximum extent permitted by law, Tidal Solutions shall not be liable for any indirect, incidental, consequential, or punitive damages. Total liability shall not exceed fees paid in the three (3) months preceding the event giving rise to the claim.

12. Term and Termination

12.1 This Agreement remains in effect for as long as you maintain a subscription or use the Platform.

12.2 Either party may terminate upon written notice if the other materially breaches and fails to cure within 30 days.

12.3 Tidal Solutions may terminate your access immediately for Acceptable Use violations, legal requirements, or fraudulent activity.

12.4 Upon termination, you may request a Content export within 14 days, after which Tidal Solutions may delete your data.

13. Indemnification

You agree to indemnify and hold harmless Tidal Solutions Corp., its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including legal fees) arising from your violation of this Agreement, your Content, or your violation of any applicable law or third-party right.

14. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the Republic of the Philippines. Disputes shall first be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the courts of Makati City, Philippines.

15. Changes to These Terms

Tidal Solutions may update these Terms at any time. We will notify you via email or a Platform notice at least 15 days before changes take effect. Continued use after the effective date constitutes acceptance.

16. General Provisions

Entire Agreement: This Agreement constitutes the entire agreement between the parties regarding the Platform. Severability: Invalid provisions do not affect the remainder. Waiver: Failure to enforce any provision is not a waiver. Assignment: You may not assign this Agreement without our written consent. Force Majeure: Neither party is liable for delays beyond reasonable control.

17. Contact Information

Tidal Solutions Corp.
Email: [email protected]
Website: www.tidal-solutions.com
Philippines