TRES Technologies, LLC

Software Subscription, Access & Usage Agreement

Version 2.2 — Updated for 2026
 

TRES Technologies, LLC (“TRES”, “we”, “us”, or “our”) and the individual or entity agreeing to this Agreement (“LICENSEE”, “you”, or “your”). By accessing or using the System, the LICENSEE agrees to be bound by the terms of this Agreement.
 

1. Definitions

1.1 System

The TRES cloud-hosted travel agency management software platform, including all updates, enhancements, modules, interfaces, APIs, tools, documentation, and related services provided under this Agreement.

1.2 License

A non-exclusive, non-transferable right to access and use the System under the terms of this Agreement.

1.3 License Fee

The subscription fees payable by LICENSEE for access to the System, based on TRES’ current pricing and invoicing structure.

1.4 Initial Term

The one-year period beginning on the date the System is first made available to LICENSEE.

1.5 Renewal Term

Automatic one-year renewals following the Initial Term unless terminated according to this Agreement.

1.6 LICENSEE Data

All data or content entered into the System by LICENSEE or authorized users. LICENSEE retains ownership of its own data entries.

1.7 Aggregated Data

Compiled, anonymized, or statistical data derived from the System that does not identify LICENSEE or individuals. TRES retains ownership of all Aggregated Data and database structures.
 

2. Grant of License

Subject to compliance with this Agreement and payment of all applicable License Fees, TRES grants LICENSEE a limited, non-exclusive, non-transferable, revocable License to access and use the System solely for internal business operations.
 

3. Term and Renewal

3.1 Initial Term

This Agreement begins on the date the System is first made available to LICENSEE and continues for the Initial Term.

3.2 Auto-Renewal

At the end of the Initial Term, the Agreement automatically renews for successive one-year terms unless either party provides written notice of non-renewal at least thirty (30) days before the end of the current term.
 

4. Termination

4.1 Termination for Convenience

LICENSEE may terminate the Agreement at the end of any term by providing timely notice under Section 3.2. Early termination does not eliminate payment obligations for the full yearly period.

4.2 Termination for Cause

Either party may terminate immediately upon written notice if the other party:

• Materially breaches this Agreement and fails to cure the breach within thirty (30) days

• Becomes insolvent, files bankruptcy, or ceases operations

4.3 Effect of Termination

Upon termination:

• LICENSEE access to the System will be disabled

• LICENSEE may export its data prior to termination using available tools

• TRES has no obligation to maintain or provide access to LICENSEE Data after termination
   

5. Use Restrictions

LICENSEE shall not:

1. Copy, modify, reverse engineer, decompile, or create derivative works of the System

2. Share access credentials or permit third parties to use the System except authorized employees or agents

3. Interfere with the security, performance, or integrity of the System

4. Use the System for illegal, harmful, or unauthorized purposes

5. Store unmasked Credit Card Numbers or Card Verification Values (CVV, CVV2, CVC, CID) data in non-dedicated fields
    

6. Fees & Payment Terms

• LICENSEE agrees to pay all License Fees when due

• License Fees are non-refundable and fully earned upon receipt

• TRES may modify pricing at the start of any Renewal Term with at least twenty (20) days’ notice

• Failure to pay may result in suspension or termination of access
   

7. Ownership

7.1 System

TRES retains all rights, title, and interest in and to the System, including:

• Software

• Code

• Database architecture

• Methods

• Documentation

7.2 LICENSEE Data

LICENSEE retains ownership of all LICENSEE Data entered into the System.

7.3 Aggregated Data

TRES may generate, own, use, and distribute aggregated and anonymized statistical data that does not identify LICENSEE.
 

8. Data Security & Privacy

TRES will implement commercially reasonable safeguards designed to protect LICENSEE Data, including:

• Encryption in transit

• Access controls

• Routine backups

• Restricted access to authorized personnel

LICENSEE is responsible for securing:

• Devices

• Networks

• Passwords

• User access

Nothing in this Agreement makes TRES a fiduciary of LICENSEE Data.
 

8A. PCI DSS Third-Party Service Provider (TPSP)

To the extent TRES processes, transmits, stores, or impacts the security of cardholder data (“CHD”) or the Cardholder Data Environment (“CDE”) on behalf of LICENSEE, this section applies.

TRES acknowledges that it may operate as a Third-Party Service Provider (TPSP) under PCI DSS v4.0.
 

8A.1 TRES PCI DSS Responsibilities:

Maintain PCI DSS Compliance

TRES agrees to maintain compliance with all applicable PCI DSS v4.0 requirements.

Provide Evidence of Compliance Upon Request

TRES will provide LICENSEE with:

• A current Attestation of Compliance (AOC)

• A PCI DSS Responsibility Matrix

• Information required for LICENSEE PCI DSS obligations

Support Compliance Requests

TRES will maintain documented policies for responding to compliance-related information requests.

8A.2 Assessments and Monitoring

Annual Validation

TRES will undergo annual PCI DSS assessments or participate in LICENSEE-requested assessments.

Ongoing Monitoring

TRES will notify LICENSEE of material changes impacting PCI DSS compliance.

8A.3 Incident Notification

TRES will notify LICENSEE of any confirmed or suspected security incident involving CHD or CDE-impacting systems.

8A.4 Sub-Service Providers

TRES will ensure subcontractors with access to CHD or CDE environments are contractually bound to PCI DSS-compliant obligations.

8A.5 LICENSEE Responsibilities

LICENSEE remains responsible for securing devices, networks, and implementing assigned PCI DSS controls.

8A.6 Survival

This section survives termination as long as TRES retains or may impact CHD or related systems.
 

9. Force Majeure

Neither party shall be liable for delays or failures caused by events beyond reasonable control, including:

• Natural disasters

• Government action

• Internet failures

• Cloud provider outages
   

10. Support Services

TRES provides support on a reasonable-efforts basis, including:

• Access to documentation

• Online resources

• Email support during standard business hours

• Assistance for reasonably competent users

TRES is not responsible for:

• Hardware issues

• Internet connectivity issues

• Third-party software problems

Additional support services may be available for an additional fee.
 

11. Confidentiality

Each party agrees to keep confidential all non-public information designated as confidential or reasonably understood to be confidential.

This obligation survives termination.
 

12. Warranties & Disclaimers

12.1 System Provided “As Is”

The System is provided AS IS and AS AVAILABLE, without warranties of any kind.

TRES expressly disclaims all warranties, including:

• Merchantability

• Fitness for a particular purpose

• Non-infringement

• Uptime or error-free operation
   

13. Limitation of Liability

To the maximum extent permitted by law:
 

TRES Shall Not Be Liable For:

• Indirect damages

• Incidental damages

• Special damages

• Punitive damages

• Consequential damages

• Loss of profits

• Loss of data

• Loss of goodwill

• Business interruption

Maximum Liability

TRES’ total aggregate liability for any claim shall not exceed the License Fees paid by LICENSEE during the preceding twelve (12) months.

These limitations apply even if TRES has been advised of possible damages.
 

14. Indemnification

LICENSEE agrees to indemnify and defend TRES from claims arising out of:

• Unauthorized or illegal use of the System

• Violation of this Agreement

• LICENSEE Data or content

• Acts or omissions of LICENSEE employees or agents
   

15. Assignment

• LICENSEE may not assign this Agreement without prior written consent from TRES

• TRES may assign this Agreement in connection with mergers, acquisitions, or asset sales
   

16. Governing Law

This Agreement shall be governed by the laws of the State of California, without regard to conflict of law principles.
 

17. Notices

Notices will be sent to the email or address on record with TRES or to:

Tres Technologies LLC
7 L Blackwater Canyon Road
Rolling Hills, CA 90274

Notice is deemed effective upon receipt or four (4) business days after sending via certified mail.
 

18. Entire Agreement

This Agreement constitutes the complete agreement between the parties and supersedes all prior proposals, agreements, and understandings.

No amendment is effective unless in writing and issued by TRES.
 

19. Survival

The following sections survive termination:

• Fees

• Data ownership

• Confidentiality

• Warranties

• Limitations of liability

• Indemnification
   

20. Open Source Components and Attributions

Portions of the System may include or incorporate third-party components licensed under open-source licenses, including the MIT License.

MIT License Attribution

Portions of this software are licensed under the MIT License.

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