MASTER SERVICES AGREEMENT
Last Updated: March 05, 2026
This Master Service Agreement, any applicable Order Forms, Exhibits, and/or Addenda hereto
(collectively, the “Agreement”) is a legal agreement between you (“Client”) and Company (defined
below) to purchase access to the Company Platforms (defined below) and the related subscription services
and other services that Company may provide to Client in an Order Form (defined below) (collectively, the
“Services”). This Agreement governs the use of the Services Company provides to you. Capitalized terms
used but not defined herein shall have the meanings ascribed to them in any applicable Order Form.
“Company” means FS Operations Corp. DBA Commander, a subsidiary of Fullsteam Operations LLC.
“Order Form” means a separate ordering agreement (including but not limited to a statement of work,
proposal, or change order), or page on the Site pursuant to which Client purchases Services.
“Company Platforms” means collectively and individually, https://commanderne.com/ and any of their
subdomains (collectively, the “Site”) and any websites, platforms, exchanges, successor platforms and
exchanges, software, hardware, portals, applications, and Application Programming Interfaces (“API”s),
programs, components, functions, screen designs, reporting data, and report formats owned or operated by
Company and all updates, upgrades, and other derivative works, releases, fixes, patches, etc. related to the
software that Company develops, deploys, or makes available to Client during the Term of this Agreement,
as they may be modified, relocated and/or redirected from time to time, to receive, or review data and results
of the Services.
BY ACCESSING OR USING THE SERVICES OR ENTERING INTO AN ORDER FORM
HEREUNDER, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THIS AGREEMENT
ON CLIENT’S BEHALF, AND YOU ACCEPT THE TERMS AND CONDITIONS OF THIS
AGREEMENT AND THE TERMS AND CONDITIONS OF COMPANY’S PRIVACY POLICY. IF YOU
DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR ARE NOT
AUTHORIZED TO ACCEPT THIS AGREEMENT ON CLIENT’S BEHALF, THEN YOU ARE NOT
AUTHORIZED TO AND ARE PROHIBITED FROM ACCESSING THE SERVICES. THE SERVICES
ARE OFFERED AND AVAILABLE TO USERS WHO ARE EIGHTEEN (18) YEARS OF AGE OR
OLDER. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE OF
LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY AND MEET ALL OF THE
FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE
REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SERVICES.
In the event there is any conflict between the terms and conditions in this Master Service Agreement and
the terms and conditions in any applicable Order Form, the terms of the Order Form shall prevail.
The “Effective Date” of this Agreement is the date which is the earlier of (a) Client’s initial access to the
Services through any online provisioning, registration, or order process, or (b) the effective date of the first
Order Form. This Agreement governs Client’s initial purchase of Services on the Effective Date as well as
any future purchases made by Client that reference this Agreement.
- SERVICES AND TERMS.
1.1. Grant of Access. Subject to the terms and conditions of this Agreement, the Company grants
to Client a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right for Client’s
authorized employees, agents, representatives, consultants, and contractors (“Authorized Users” or
“User”) to access and use the Services described in an applicable Order Form during the Term of the Order
Form for Client’s internal business purposes only in accordance with the Documentation (as defined below)
and, if the Client is a franchisor and Client is specifically permitted in the applicable Order Form, to sub-
license the Services to its franchisees and their respective employees, contractors, agents, and affiliates (the
“Franchisees”), for the same business and no other purpose whatsoever. The Services may allow Client to
designate different types of Authorized Users, which may have different pricing, functionality, and use
restrictions, as described on the Site, in the Documentation, or in the applicable Order Form. Each
Authorized User must keep its login credentials confidential and not share them with anyone else. Client is
responsible for its Authorized Users’ compliance with this Agreement and actions taken through their
accounts. This Agreement does not permit access to the Services by persons who are not Authorized Users.
1.2. Reservation of Rights. Access to the Services is provided on a limited term and Services
basis. All rights not specifically granted to Client hereunder are reserved by Company. Nothing herein shall
prevent the Company from promoting, providing, licensing, sub-licensing or subcontracting the Services
or providing the Services to other parties. Client shall promptly notify Company of any determination,
discovery, or notification that any person or entity is or may be misusing or infringing the Services,
including without limitation if it becomes aware of any compromise of its Authorized Users’ login
credentials.
1.3. Professional Service Deliverables. All work product, customizations, improvements, and/or
enhancements to the Services performed by Company for Client pursuant to this Agreement or as identified
on any separate Order Form executed by the parties (collectively, “Professional Service Deliverables”),
shall be owned exclusively by Company, unless otherwise provided in the corresponding Order Form. If,
by operation of law or otherwise, any Professional Service Deliverables are not owned exclusively by
Company immediately upon creation thereof, Client agrees to assign, and hereby irrevocably assigns, to
the Company exclusive ownership of such Professional Service Deliverables and expressly disclaims any
ownership rights thereto. Client will cooperate with the Company to confirm and/or execute such
assignments and Company’s ownership of Professional Service Deliverables.
1.4. Feedback. If Client provides the Company with feedback or suggestions regarding the
Services (“Feedback”), Company may use Feedback without restriction or obligation. In addition, Client
hereby irrevocably assigns ownership of any and all Feedback to Company and will cooperate with
Company to confirm and/or execute such assignments and Company ownership of Feedback.
1.5. Anonymized Data. As between Client and Company, Company owns all rights, title, and
interest in and to information which does not relate to an identified or identifiable natural person, or personal
information rendered anonymous in such a manner that the natural person is not or no longer is identifiable
(“Anonymized Data”). Accordingly, Company may, during the Term and thereafter, use, display, transmit,
modify and prepare derivative works of Anonymized Data in any media for any lawful purpose, including
maintaining and improving the Services.
1.6. Third-Party Providers. Client’s use of any platform, add-on, service, code (including open
source) or product not provided by Company that Client chooses to integrate or enable for use with the
Services (“Third-Party Provider”) shall be subject to the terms and conditions of Client’s agreement with
such third party, and Client is solely responsible for its compliance with such terms and conditions. Client
acknowledges that Company does not control, is not responsible for, and will not be liable in any way for
Client’s use of any Third-Party Provider or any damage or loss resulting from Client’s access to, use of, or
interaction with, any Third-Party Providers. Client further acknowledges that any Client data loss,
downtime or periodic unavailability of the Services due to Third-Party Providers’ system maintenance,
upgrades, or any other reason is outside of Company’s control. The foregoing does not exclude or limit
Client’s right to pursue any remedies directly against a Third-Party Provider.
1.7. Documentation. Subject to the terms and conditions of this Agreement, Company grants to
Client a limited, non-exclusive, non-transferable, revocable, and non-sublicensable right and license to use
and make copies of the usage guidelines and standard technical documentation for the Services as may be
provided or made available online or in writing by the Company (“Documentation”). Documentation is
for Client’s internal use only, for archival purposes, and for training and education of Authorized Users,
provided that all proprietary notices of the Company and its licensors, if any, are reproduced and retained.
Company reserves the right to modify the Documentation in Company’s sole determination without prior
notice to Client. - PROHIBITIONS. Use of and access to the Services is permitted only by Client and its Authorized
Users. Under no circumstances may Client or any Authorized User modify, decompile, reverse compile,
disassemble, reverse engineer, decrypt, or otherwise seek to recreate the source code of the Services, modify
or adapt the Services in any way, use the Services to create a derivative work, or grant any other person or
entity the right or access to do so, without the Company’s advance written consent. Except as expressly
authorized by this Agreement, and without limiting the foregoing, Client and Authorized Users represent
and warrant that they will not (a) modify, copy, duplicate, reproduce, unbundle, license, sublicense, sell,
assign, transfer, display, distribute, lend, rent, lease, sublease, or make available the Services or any portion
thereof to any third party; (b) provide, transmit, disclose, divulge, or make available to, or permit use of the
Services by, any third party or entity or machine; (c) use the Services in a service bureau, out-sourcing or
other arrangement to process or administer data on behalf of any third party; (d) publish, post, upload, or
otherwise transmit any unlawful, false, offensive, defamatory, or infringing data or any data that contains
any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines
that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any systems, data,
personal information, or property of another; (e) use or knowingly permit the use of any security testing
tools in order to prove, scan, or attempt to penetrate or ascertain the security of Company or the Services
without the prior written consent of Company; (f) attempt to gain any unauthorized access to the Services
or Company customer data or attempt any unauthorized alteration or modification thereof; (g) use or launch,
or knowingly permit the use or launch of, any automated system, including, without limitation, “robots,”
“spiders,” or “offline readers,” that access the Services; or (h) use the Services or the information contained
therein in violation of any applicable law or regulation. - SUSPENSION. Company may, at its sole discretion, suspend Client’s and/or Authorized Users’
use of the Services (in whole or in part) if Company determines that (a) Client or Authorized Users breaches
any terms of this Agreement including the applicable Order Form, (b) Client’s account is thirty (30) days
or more overdue for payment after being notified, or (c) Client’s or Authorized Users’ use of the Services
risks harm to other customers of Company or the security, availability, or integrity of the Services. - CLIENT DATA.
4.1. Client Data. Use of the Services may involve the Company’s receipt, processing, and storage
of data, information, or material input by Client, Authorized Users, and Client’s end user customers who
use the Services (“End Users”) (collectively, “Client Data”). Client affirms, represents, and warrants that
Client owns or has the necessary licenses, rights, consents, and permissions to collect, use, and authorize
Company to use all Client Data in the manner contemplated hereunder and to transfer to and process such
Client Data. Client further represents and warrants that Company’s use of Client Data does not and will not
violate or infringe any applicable law, any third-party rights, or any terms or privacy policies that apply to
the Client Data.
4.2. License to Client Data. Client hereby grants the Company the worldwide, non-exclusive,
right to use, copy, store, transmit, display, modify and create derivative works of Client Data, as necessary
to provide the Services under this Agreement.
4.3. Accuracy of Client Data. Client is solely responsible for the accuracy, content, currency,
completeness, and delivery of the Client Data provided by Client, Authorized Users, and Client’s End Users.
4.4. Return of Client Data. Upon termination or expiration of this Agreement, or at Client’s
request, Company shall provide access to all Client Data in a commonly used machine-readable format or
such other format as agreed by Client and Company. Company shall provide access to the Client Data for
no more than thirty (30) days after the termination or expiration of the Agreement. After this thirty (30) day
period, Company may delete Client Data in accordance with its standard schedule and procedures. - PAYMENT.
5.1. Fees and Expenses. Client’s use of the Services is subject to prompt payment of all fees and
other amounts, including without limitation, expenses (“Fees”) as described in each applicable Order Form.
Any payments made via check may be subject to a $25 processing fee. Company may adjust Fees at any
time with thirty (30) days’ notice. Unless the Order Form provides otherwise, Company will send Client an
invoice for all Fees owed on a monthly basis, and all Fees not subject to a good faith dispute are due upon
invoice. To the extent that Client disputes any invoice, Client must provide Company notice of such dispute
in writing within ten (10) business days of the invoice date, or Client shall waive any claim with respect to
such invoice. Late payments are subject to a service charge of 1.5% per month (18% per annum), or the
maximum amount allowed by law, whichever is more. All Fees are nonrefundable and non-cancellable,
except as expressly provided in this Agreement, and are exclusive of taxes. In the event of nonpayment or
any shortfall in Fees paid, Client authorizes Company and its Affiliates (defined below) to increase fees,
dues, assessments, and/or debit any of Client’s accounts with Company or Company’s Affiliates, including
those accounts associated with a payment processing agreement between Client and Affiliate. As used in
this Section, “Affiliate” of a party means any corporation or other entity that such party directly or indirectly
controls, is controlled by, or is under common control with. In this context, a party “controls” a corporation
or other entity if it or any combination of it or any combination of it and/or its Affiliates owns more than
fifty percent (50%) of the voting rights for (i) the board of directors, or (ii) other mechanism of control for
such corporation or other entity.
5.2. Taxes. Client is responsible for any sales, use, goods and services taxes (GST), harmonized
sales taxes (HST), value-added, withholding or similar taxes or levies that apply to any Order Form, whether
domestic or foreign (“Taxes”), other than Company’s income tax. If Company is legally obligated to pay
or collect Taxes for which Client is responsible under this Agreement, the appropriate amount will be
computed based on Client’s address listed in the Order Form, unless Client provides Company with a valid
tax exemption certificate authorized by the appropriate taxing authority. Fees listed on or invoiced pursuant
to an Order Form are exclusive of Taxes. - CLIENT OBLIGATIONS.
6.1. Client Contact. Client will cooperate with Company in all matters relating to the Services
and appoint a primary contact who will have the authority to act on behalf of Client for matters pertaining
to this Agreement. Client will provide access to Client’s premises, or access to Client Data, reasonably
needed for Company to perform the Services. If Client fails to do so, Company’s obligation to provide the
Services will be excused until access is provided, and the parties agree on an updated timeline.
6.2. Client Requirements. Client shall be responsible for providing and maintaining all necessary
hardware, software, electrical and other physical requirements for Client’s use of the Services, including,
without limitation, telecommunications and internet access connections and links, web browsers or other
equipment, programs and services required to access and use the Services.
6.3. Accessibility. As it relates to Client’s use of the Services, Client is solely responsible for
compliance with all applicable accessibility laws, rules, and regulations, including, but not limited to, Title
III of the Americans with Disabilities Act (“ADA”), and (if applicable) New York’s state and city level
Human Rights Act and California’s Unruh Civil Rights Act.
6.4. Acceptable Use Policy. Client is solely responsible for the content of any postings,
communications, data, or transmissions using the Services, or any other use of the Services by Client or by
any person or entity Client permits to access the Services. To the extent the Services allows uploading or
posting of content or data by Client, Authorized Users, or End Users, Client will ensure that any content or
data posted by or on behalf of Client, Authorized Users, or End Users is not inappropriate, illegal, obscene,
threatening, libelous, discriminatory, hateful, or in violation of any third-party rights. If and to the extent
the Services includes, integrates or links to any third party content, data or software, including without
limitation any open source services (collectively, “Third Party Content”), Client acknowledges and agrees
that (a) Company is not responsible for any Third Party Content and it is provided as is; and (b) any Third
Party Content may be subject to additional terms and conditions (including applicable terms of use, privacy
policies, end user license terms, etc., for which Client shall be responsible for agreeing to and complying
with. Client represents and warrants that it will: (a) not use the Services in a manner that is prohibited by
any law or regulation, or to facilitate the violation of any law or regulation; (b) not violate or tamper with
the security of any Company computer equipment or program. If Company has reasonable grounds to
believe that Client is utilizing the Services for any illegal or disruptive purpose, Company may suspend the
Services immediately with or without notice to Client. Company may terminate the Agreement for breach
of this Agreement if Client fails to adhere to the foregoing acceptable use standards. Client shall defend,
indemnify and hold harmless Company from and against all liabilities and costs (including reasonable
attorneys’ fees) arising from any and all third-party claims based upon the content of any such
communications.
6.5. Calls and Messaging. If the Services include email, calling, and/or text messaging features
which enable Client to text third parties via the Services, Client is solely responsible for ensuring that the
email, calling and/or text message feature(s) of the Services are utilized in a manner that complies with all
applicable local, state, and federal laws, rules and regulations governing the sending of emails, calls, and/or
text messages. This includes, but is not limited to, compliance with applicable email and telemarketing
laws such as the CAN-SPAM Act and Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, the
EU ePrivacy Regulation, and comparable state laws. Client also represents and warrants that each third
party to whom Client calls or texts has specifically granted Client permission to send such messaging; and
that opt-out options are provided to such third parties pursuant to applicable law, rule, or regulation. Client
is solely responsible for the content of any messaging by Client via the Services to third parties, and under
no circumstances shall Company be identified by Client as the sender of such messaging. Client
acknowledges it is responsible for obtaining any and all permissions required to use the Services’ calls, text
messaging, or email features.
6.6. Payment Processing. Unless otherwise stated in an applicable Order Form, Client must be
enrolled in and processing payments through Company’s integrated payments processing platform within
sixty (60) days of the Effective Date of this Agreement. If Client does not process payments through
Company’s integrated payment solution within the required timeframe, Company, in its sole discretion,
may delay or remove access to the Services, restrict certain Services product features, increase Fees and/or
charge a non-integrated payment processing fee unless Company determines that Client qualifies for a
temporary or ongoing exemption (in whole or in part). Client acknowledges that Company may delay access
or restrict access to certain product features or the Services altogether for non-compliance within the
required timeframe. Company reserves the right to apply non-integration payment processing fees in its
sole discretion to Client or Franchisee, and to apply, modify, increase, decrease the non-integration payment
processing fee at any time. - SECURITY AND PRIVACY; DATA PROCESSING. Company shall use reasonable and
appropriate administrative, physical, and technical security programs and procedures designed to protect
and secure the Services and Client Data. Client agrees to use reasonable efforts to prevent unauthorized
persons from having access to the Services or any equipment providing the Services. Company and Client
agree to notify the other party promptly upon becoming aware of any unauthorized access or use of the
Services or Client Data by any third party. Client Data may be stored and processed in the United States or
any other country in which Company or its service providers maintain facilities. If you are located in the
European Union or other regions with laws governing data collection and use that may differ from U.S.
law, please note that we may transfer information, including personal information, to a country and
jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the
transfer, use, and disclosure of Client Data to the U.S. or any other country in which Company, Company’s
Affiliates, or its service providers maintain facilities - TERM AND TERMINATION.
8.1. Term. This Agreement starts on the Effective Date and continues until expiration or
termination of all applicable Order Forms or until terminated as authorized in this Agreement, whichever
occurs first (the “Term”). Unless otherwise set forth in the Order Form, the Agreement shall begin on the
Effective Date and shall continue for twelve (12) months thereafter (the “Initial Term”). After the Initial
Term, the term of the Agreement shall automatically renew for additional, successive twelve (12) month
terms unless either party provides written notice of termination to the other party no less than ninety (90)
days prior to the end of the then current term.
8.2. Termination. Either party may terminate this Agreement (including all Order Forms) if the
other party (a) fails to cure a material breach of this Agreement (including a failure to pay Fees) within
thirty (30) days after receipt of written notice of such breach by the other party, (b) ceases operation without
a successor, or (c) seeks protection under a bankruptcy, receivership, trust deed, creditors’ arrangement,
composition or comparable proceeding, or if such a proceeding is instituted against that party and not
dismissed within sixty (60) days.
8.3. Additional Termination Rights. Company may terminate this Agreement at any time in its
sole discretion upon thirty (30) days’ notice to Client.
8.4. Early Termination. If Client terminates the Agreement prior to the expiration of the
applicable Order Form, or Company terminates for material breach, then Client shall forfeit all pre-paid
amounts for Fees, and for those arrangements in which the Fees are not paid in advance, Client shall pay
Company an amount equal to the monthly Fee multiplied by the number of months remaining in the Term.
8.5. Effect of Termination. Upon termination or expiration of this Agreement or Order Forms for
any reason, Client’s access to the Services will cease, other than limited use of the Services to export Client
Data. Client will immediately return any Documentation in its possession to Company. Upon termination
or expiration of this Agreement, the Client will return or destroy all of Company’s Confidential Information
within its possession, custody, or control and will certify such destruction to Company upon request. Client
Data and other Confidential Information may be retained subject to the receiving party’s retention practices
until such information is scheduled to be deleted in accordance with the receiving party’s policies and
procedures, but will remain subject to this Agreement’s confidentiality restrictions until deleted.
8.6. Survival. Any provision of this Agreement which contemplates performance or observance
subsequent to its termination or expiration, either explicitly or by its nature, shall continue in full force and
effect. - LIMITED WARRANTY AND DISCLAIMER.
9.1. Limited Warranty. Client and Company warrant that each party has the corporate power and
authority to enter into and carry out the terms of the Agreement. Company further warrants to Client that:
(a) the Services will perform materially as described in the Documentation; (b) Company will perform any
Services in a professional and workmanlike manner; and (c) Company will use industry-standard measures
designed to ensure that the Services (excluding Client Data) does not contain viruses, malware or similar
harmful code.
9.2. Warranty Remedy. If Company breaches this Section and Client makes a reasonably detailed
warranty claim within thirty (30) days of discovering the issue, then Company will use reasonable efforts
to correct the non-conformity. If Company determines such remedy to be impracticable, either party may
terminate the affected Order Form as it relates to the non-conforming Services. Company will then refund
Client any pre-paid, unused amounts for Fees for the terminated portion of the Services. These procedures
are Client’s exclusive remedy and Company’s entire liability for breach of this Section. These warranties
do not apply to (i) issues caused by misuse or unauthorized modifications by Client or its authorized users,
or (ii) issues in or caused by Third-Party Providers or other third-party systems.
9.3. Warranty Disclaimer. EXCEPT AS STATED AND EXPRESSLY PROVIDED IN THE
WARRANTY SECTION ABOVE, THE SERVICES, THE DOCUMENTATION, AND ANY
PROFESSIONAL SERVICES DELIVERABLES PROVIDED BY COMPANY UNDER THIS
AGREEMENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST
EXTENT ALLOWED UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL
OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR OTHERWISE,
WITH RESPECT TO THE SERVICES, THE DOCUMENTATION AND ANY PROFESSIONAL
SERVICES DELIVERABLES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, COMPLETENESS, ACCURACY, OR ARISING FROM A COURSE
OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY EXPRESSLY DISCLAIMS THAT
CLIENT’S USE OF THE SERVICES, OR PROFESSIONAL SERVICES DELIVERABLES WILL BE
UNINTERRUPTED OR ERROR-FREE, WILL MEET CLIENT’S PARTICULAR REQUIREMENTS,
THAT DEFECTS IN THE SERVICES, IF ANY, WILL BE CORRECTED; OR THAT RESULTS WILL
BE TIMELY, ACCURATE, ADEQUATE OR COMPLETE OR THAT IT WILL MAINTAIN CLIENT
DATA WITHOUT LOSS. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR
WARRANTIES ABOUT THE SECURITY AND PROTECTION OF CLIENT DATA NOR GUARANTEE
DATA AVAILABILITY. CLIENT BEARS THE SOLE RESPONSIBILITY AND LIABILITY FOR
MAINTAINING BACKUP AND ARCHIVE COPIES OF CLIENT DATA. COMPANY DOES NOT
WARRANT OR REPRESENT THAT USE OF THE SERVICES WILL RESULT IN COMPLIANCE
WITH ANY APPLICABLE LAWS OR REGULATIONS, AND CLIENT UNDERSTANDS THAT IT IS
SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH ANY AND ALL APPLICABLE
LAWS AND REGULATIONS. COMPANY IS NOT LIABLE FOR DELAYS, FAILURES OR
PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR
OTHER SYSTEMS OUTSIDE COMPANY’S CONTROL, INCLUDING THE FAILURE TO
PROMPTLY IMPLEMENT THE LATEST RELEASE OF THE SERVICES BY OR AT THE DIRECTION
OF CLIENT. CLIENT MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY
REQUIRED WARRANTIES WILL BE LIMITED TO THE SHORTEST LEGALLY PERMITTED
PERIOD. CLIENT ALONE IS RESPONSIBLE FOR ANY THIRD-PARTY CONTENT, AND
COMMUNICATIONS, MESSAGES, OR OTHER CONTENT THAT ITS AUTHORIZED USERS’ POST,
UPLOAD, SUBMIT, TRANSMIT, OR SHARE VIA THE SERVICES, OR THE PROFESSIONAL
SERVICES DELIVERABLES, INCLUDING ALL CLIENT DATA. - LIMITATION OF LIABILITY.
10.1. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO CLIENT OR ANY
THIRD PARTY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR
OTHERWISE FOR ANY LOST PROFITS, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, OR
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. FOR THE AVOIDANCE OF DOUBT, IN NO EVENT SHALL EITHER PARTY BE
LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF DATA, LOST PROFITS, LOSS OF USE
OF EQUIPMENT, LOSS OF REPUTATION, OR LOST CONTRACTS, OR FOR COSTS OF
PROCUREMENT OF SUBSTITUTE PRODUCTS BY CLIENT.
10.2. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, COMPANY’S
ENTIRE AGGREGATE LIABILITY, AND CLIENT’S SOLE AND EXCLUSIVE REMEDY, FOR ANY
CLAIM OR CAUSE OF ACTION ARISING UNDER THIS AGREEMENT OR ANY OTHER
AGREEMENT BETWEEN THE PARTIES SHALL NOT EXCEED THE LESSER OF (1) TEN
THOUSAND US DOLLARS ($10,000.00), OR (2) TOTAL FEES PAID OR PAYABLE BY CLIENT TO
COMPANY, PURSUANT TO THE APPLICABLE ORDER FORM IN THE SIX (6) MONTH PERIOD
IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF
ACTION.
10.3. The waivers and limitations in this Section apply regardless of the form of action, whether in
contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any
limited remedy in this Agreement fails of its essential purpose. Neither party may bring a claim or action,
regardless of form, arising out of the Agreement more than twelve (12) months after the claim or cause of
action arose. - INDEMNIFICATION.
11.1. Company Indemnification. Company will indemnify, defend, and hold harmless Client and
its officers, directors, agents and employees from and against any third-party claims (including any and all
liabilities, damages, losses, costs and expenses and reasonable attorneys’ fees) (“Claims”) finally awarded
to the extent such Claims directly arise from Company’s provision of the Services infringing on a third-
party’s intellectual property rights in the United States.
11.2. Client Indemnification. Client will indemnify, defend, and hold harmless Company, its
affiliates and their respective officers, directors, agents and employees from and against any and all third-
party Claims to the extent such Claims arise from or relate to (1) Client Data or Third Party Content; (2)
Client’s breach of the Agreement or Order Form; (3) Client’s gross negligence or willful misconduct; (4)
modification to the Services or any deliverables made by or at the direction of Client and designed solely
in accordance with specifications provided by Client; (5) Client’s violation of applicable law; and/or (6)
Client’s infringement of intellectual property rights of a third party.
11.3. Indemnification Procedure. When seeking indemnification pursuant to this Agreement, the
party seeking indemnification shall (1) promptly notify the indemnifying party in writing of the Claim
provided that any failure or delay to provide such notice shall not affect a party’s obligation to indemnify
to the extent the indemnifying party is materially prejudiced by such failure or delay (2) give the
indemnifying party reasonable information and cooperation required to defend such suit, claim or
proceeding, and (3) allow the indemnifying party to control the defense of any such Claim and all
negotiations for its settlement or compromise; provided, however, the indemnifying party shall not settle
any claim without the indemnified party’s prior written consent, which shall not be unreasonably withheld
or delayed. The indemnified party may be represented in the defense of any such claim, at the indemnified
party’s expense, by counsel of its selection. The indemnified party shall have no liability for settlements
made or costs incurred without its consent. The absence of insurance shall not diminish any responsibility
of either party’s obligation to indemnify under the Agreement.
11.4. Mitigations and Exceptions. In response to an actual or potential infringement Claim,
Company may at its option: (a) procure rights for Client’s continued use of the Services, (b) replace or
modify the allegedly infringing portion of the Services to avoid infringement without reducing the Services’
overall functionality, or if options (a) and (b) are not commercially practicable, (c) terminate the affected
Order Form and refund to Client any prepaid, unused amounts for Fees for the terminated portion of the
Services.
11.5. Conditions. Company shall have no obligation or otherwise (including no indemnification
obligations) with respect to any infringement or misappropriation Claims arising out of or resulting from
(1) Client’s modification of the Services or use of the Services in combination with any products,
equipment, software, data, Third Party Content, or any content not provided by Company (2) Client’s use
of the Services other than the most recent release, (3) Client’s unauthorized or non-compliant use of the
Services, or (4) if Client settles or makes any admissions about a claim without Company’s prior written
consent.
11.6. Exclusive remedy. This Section sets out Client’s exclusive remedy and Company’s entire
liability regarding infringement of third-party intellectual property rights. - CONFIDENTIALITY.
12.1. Confidential Information. Except as expressly provided herein, the parties agree that the
receiving party shall not publish or otherwise disclose and shall not use for any purpose any non-public
information about the disclosing party’s business or activities that is proprietary and confidential that is
furnished to it by the disclosing party pursuant to the Agreement which (i) if disclosed in tangible form is
marked “Confidential” or with other similar designation to indicate its confidential or proprietary nature,
or (ii) if disclosed orally is indicated orally to be confidential or proprietary by the disclosing party at the
time of such disclosure, or (iii) is confirmed in writing as confidential or proprietary by the disclosing party
within a reasonable time after such disclosure, or (iv) by its nature or the circumstances surrounding its
disclosure should reasonably be regarded as confidential (collectively, “Confidential Information”).
Notwithstanding the foregoing, Confidential Information shall not include information that, in each case as
demonstrated by written documentation: (i) was properly in receiving party’s possession or properly known
by it, without restriction, prior to receipt from the disclosing party; (ii) was rightfully disclosed to receiving
party by a third party without restriction; (iii) is, or becomes generally available to the public or otherwise
part of the public domain, other than through any act or omission of the receiving party (or any subsidiary,
agent or employee of the receiving party) in breach of the Agreement; (iv) was independently developed
by the receiving party without reference to or use of any Confidential Information disclosed by the
disclosing party; or (v) is approved in writing by the disclosing party for release.
12.2. Return of Confidential Information. Upon termination of the Agreement for any reason or
upon request of the disclosing party at any time, the receiving party will (i) promptly return to the disclosing
party the original and all copies of all Confidential Information or, in lieu thereof, certify that all such
Confidential Information has been destroyed; and (ii) destroy all notes and copies thereof made by receiving
party containing any Confidential Information, provided that neither party shall be obligated to return or
destroy Confidential Information to the extent necessary to fulfill its obligations and to enforce its rights
under the Agreement or to the extent otherwise required by law, regulation, legal, regulatory or judicial
process, rule or practice governing professionals or any internal compliance policy or procedure relating to
the safeguarding or backup storage of data; provided that any such Confidential Information so not returned
or destroyed shall remain subject to the confidentiality and use covenants contained herein, without regard
to Term.
12.3. Confidentiality and Non-Use. As receiving party, each party will (a) hold in confidence and
not disclose Confidential Information to third parties except as permitted in this Agreement, and (b) only
use Confidential Information to fulfill its obligations and exercise its rights in this Agreement. The receiving
party shall use reasonable care to protect the Confidential Information using at least the same degree of care
the receiving party uses to protect its own Confidential Information of a similar nature, but in no event with
less than reasonable care. The receiving party may disclose Confidential Information to its employees,
agents, contractors and other representatives having a legitimate need to know (including, for Company the
subcontractors referenced herein), provided it remains responsible for their compliance with this Section
and they are bound to confidentiality obligations no less protective than this Section.
12.4. Remedies. Each party agrees that unauthorized use or disclosure of Confidential Information
may cause substantial harm for which money damages alone are an insufficient remedy. Each party may
seek appropriate equitable relief, including an injunction (without the necessity of posting any bond or
surety), in addition to other available remedies, for breach or threatened breach of this Section.
12.5. Permitted Disclosures. Nothing in this Agreement prohibits either party from making
disclosures, including of Client Data and other Confidential Information, to the extent such disclosure is
reasonably necessary for: (i) exercising the rights granted to it and fulfilling its obligations under the
Agreement, provided such disclosure is only made to the receiving party’s employees, agents, consultants,
or representatives with a need to know such Confidential Information and who are bound by a
confidentiality agreement or other duty of confidentiality no less restrictive than the duties in this Section;
(ii) complying with applicable law, rules, or regulations; or (iii) submitting information to tax or other
governmental authorities. If a party is required to make any disclosure of the disclosing party’s Confidential
Information in accordance with subsections (ii) and (iii) above, to the extent it can legally do so, it will give
reasonable advance written notice to the disclosing party of such intended disclosure, and will use its
reasonable efforts to secure confidential treatment of such information prior to its disclosure (such as
seeking, or allowing the disclosing party a reasonable opportunity to seek, a protective orders or otherwise). - NON-SOLICITATION. During the Term of this Agreement and for a period of twelve (12) months
thereafter, Client shall not, directly or indirectly, in any manner solicit or induce for employment any person
who performed any work under this Agreement on behalf of Company or its affiliates who is in the
employment of the Company or its affiliates. Client agrees to pay Company as liquidated damages an
amount equal to 50% of the annual salary of an employee solicited and hired from Company or its affiliates,
unless the parties mutually agree to another amount. - PUBLICITY. Neither party may publicly announce this Agreement except with the other party’s
prior written consent or as required by law. However, Company may include Client and its trademarks in
its customer lists and promotional materials but will cease use at Client’s written request. - EQUIPMENT. Client shall purchase the necessary equipment in order to operate the Services (the
“Equipment”) as set forth in the Order Form. For Equipment purchased from Company, title to such
Equipment shall not pass to Client until all amounts for the purchase of such Equipment have been paid by
Client to Company. For any Equipment purchased from a third party, Company does not make any warranty
or guarantee with respect to the Equipment or the manufacturer thereof, including whether the Equipment
is suitable for the Client. Company shall not be responsible if the Equipment is defective or unacceptable
for any reason, including a failure in its performance, capacity or operations. To the extent permitted by
law, any warranties or guarantees provided under Sales of Goods legislation are hereby excluded. To the
extent permissible, Company shall assign the benefits of any Equipment warranties to Client for Equipment
purchased from Company. Client will operate the Equipment at its own risk. Client shall defend, hold
completely harmless and fully indemnify the Company from any claims and damages suffered by the
Company, however caused, arising out of the use of the Equipment. - AI POWERED FEATURES AND SERVICES.
The Services may incorporate artificial intelligence (“AI“) technologies to enhance user experience and
provide various features including, but not limited to, content generation, recommendations, automated
responses, data analysis, and predictive functionality (collectively, “AI Features”). These AI Features utilize
algorithms, large language models, and other automated systems to process information and generate
outputs.
By using the Services, Client acknowledges and agrees that Client and Client’s end users may interact with
AI-powered systems and that certain content, recommendations, or responses Client receives may be
generated or influenced by AI rather than human operators.
AI Data Usage Rights; Training and Model Improvement
Client hereby grants Company a non‑exclusive, worldwide, transferable, sublicensable, royalty‑free,
perpetual and irrevocable license to use, process, analyze, to host, store, reproduce, modify, create
derivative works from, transmit, and display Client Data for the following purposes: (a) training, improving,
and enhancing AI models, algorithms, and systems; (b) developing, testing, and deploying new features,
products, and services; (c) conducting research and development; (d) performing analytics and generating
insights; (e) benchmarking and competitive analysis; (f) quality assurance and performance optimization;
(g) security monitoring and threat detection; (h) providing Services to Client and other customers; and (i)
any other purpose that supports Company’s business operations and service delivery. This data usage helps
Company:
- Improve the accuracy and relevance of AI-generated responses
- Enhance the performance and capabilities of Company’s AI Features
- Develop new AI-powered functionalities
- Reduce errors and improve user experience
Client represents and warrants that it has obtained all rights, consents and permissions necessary to grant
the foregoing license and to allow Company’s processing of Client Data as described herein, including with
respect to end users and any third parties.
AI Content Limitations and Disclaimers; Accuracy and Reliability
AI-generated content, recommendations, and outputs (collectively, “AI Output”) are provided “as is” and
may contain inaccuracies, errors, or outdated information. Company makes no representations or warranties
regarding the accuracy, completeness, reliability, or suitability of any AI-Output for any particular purpose.
Client is solely responsible for determining whether the AI Outputs are appropriate for Client’s use case.
Client shall implement appropriate human review and validation prior to relying on AI Outputs.
Client shall not (and shall ensure End Users do not): (i) use the AI Features for any unlawful, harmful,
fraudulent, infringing, defamatory or misleading purpose; (ii) input or upload any: government‑classified
information; financial account numbers; payment card data; health or biometric data; data subject to
HIPAA, GLBA, FERPA or ITAR; special categories of personal data under GDPR; children’s data under
COPPA; precise geolocation; credentials; or any personal data where Client lacks a lawful basis and
required notices/consents unless expressly permitted in writing by Company and covered by a separate data
protection agreement; (iii) attempt to extract source code, models, weights or training data; (iv) use the
Services to develop, train or improve models that compete with Company; (v) circumvent usage limits or
safety controls; (vi) conduct or publish benchmarks or performance tests except with Company’s prior
written consent; or (vii) use the AI Features in hazardous environments or other high‑risk activities
requiring fail‑safe performance (including, without limitation, life support, medical diagnosis or treatment,
emergency services, autonomous vehicles, weapons, aviation, nuclear facilities or critical infrastructure).
Client acknowledges that AI Features may: - Reflect biases present in training data or algorithms
- Produce outputs that are inappropriate, offensive, or harmful
- Generate content that infringes on third-party rights
- Fail to understand context, nuance, or specialized requirements
- vProduce inconsistent results for similar inputs
No Guarantee of Performance. Company does not guarantee that AI Features will meet Client’s specific
requirements, operate without interruption, or be free from errors. AI performance may vary based on
factors including input quality, system load, and the inherent limitations of current AI technology.
Changes to AI Features. Company reserves the right to modify, update, or discontinue AI Features at any
time.
- 17. VAT REGISTRATION REQUIREMENTS.
17.1. Mauritius-Based Clients. If Client is based, incorporated, or otherwise resident in Mauritius,
Client represents and warrants that it maintains a valid registration for Value Added Tax (VAT) with the
Mauritius Revenue Authority or other applicable tax authority in Mauritius. Client shall maintain such VAT
registration in good standing throughout the Term.
17.2. South Africa-Based Clients. If Client is based, incorporated, or otherwise resident in South
Africa, Client represents and warrants that it maintains a valid registration for Value Added Tax (VAT) with
the South African Revenue Service or other applicable tax authority in South Africa. Client shall maintain
such VAT registration in good standing throughout the Term.
17.3. Proof of Registration. Upon request by Company, Client shall provide written evidence of
its valid VAT registration, including but not limited to a VAT registration certificate or other official
documentation issued by the applicable tax authority. Such documentation shall be provided within ten (10)
business days of Company’s request.
17.4. Maintenance of Registration. Client shall immediately notify Company in writing if:(a)
Client’s VAT registration is suspended, revoked, or otherwise becomes invalid; or (b) Client receives any
notice from the applicable tax authority regarding the status of its VAT registration. - 18. GENERAL PROVISIONS.
18.1. Relationship of the Parties. The parties are independent contractors, not agents, partners, or
joint venturers.
18.2. Assignment. Company and Client may not assign this Agreement without the prior written
consent of the other party, except that either party may assign this Agreement upon notice in connection
with a merger, reorganization, acquisition or other transfer of all or substantially all its assets or voting
securities. Any non-permitted assignment is void. This Agreement will bind and inure to the benefit of each
party’s permitted successors and assigns.
18.3. Entire Agreement. This Agreement is the parties’ entire agreement regarding its subject
matter and supersedes any prior or contemporaneous agreements or communications regarding its subject
matter, whether written or oral. In this Agreement, headings are for convenience only and “including” and
similar terms are to be construed without limitation. This Agreement may be executed in counterparts
(including electronic copies and PDFs), each of which is deemed an original and which together form one
and the same agreement.
18.4. Updates to Agreement and Services. Company reserves the right to revise and update the
terms of this Agreement, to add or revise applicable terms of use for its website or the Services, or modify
or discontinue the Services (or any part thereof) at any time with or without notice. All revisions and updates
are effective immediately when posted to the Site as indicated in the “Last Updated” date above and apply
to all access and use of the Services thereafter. Client agrees to review the latest version of the Agreement
on the Site periodically to remain aware of any modifications to the Agreement. Any use of the Services
after any revisions or updates will constitute acceptance by Client of such changes. We may update the
functionality, content, method, provision or integration methods of Services from time-to-time and note the
Service content is not necessarily complete or up-to-date. Any of the material on Services may be out of
date at any given time, and we are under no obligation to update such material. Company shall not be liable
to Client or to any third party for any modification, price change, suspension or discontinuation of the
Services.
18.5. Notices. Except as set out in this Agreement, notices to Client under this Agreement must be
in writing and will be deemed received (a) immediately upon delivery as set forth below, (b) the business
day following delivery via nationally-recognized overnight courier service, or (c) the third business day
after it is sent to either the email address for Client that is on file with the Company, or by U.S. mail to the
mailing address on the applicable Order Form, or the contact information associated with Client’s account
provided at registration, as applicable. Any notices to Company shall be deemed effective upon receipt and
must be delivered by sending by (i) certified US mail, return receipt requested, or (ii) by overnight courier
to Legal Department – Commander, 540 Devall Drive, Suite 301, Auburn AL 36832, Attn: General Counsel;
in either case with an Email to: support@micsystems.com with another email cc to:
Legal@fullsteam.com. Client may update their contact information for notice by providing notice to
Company. Company may also send operational notices to Client electronically, including through the
Services.
18.6. Equitable Relief. Client and Company agree that a breach of this Agreement may cause
irreparable injury and damage, and that the non-breaching party will be entitled to injunctive and other
equitable relief to prevent a breach, in addition to any other remedy to which the non-breaching party might
be entitled.
18.7. Governing Law and Jury Trial Waiver. The Agreement shall be governed by and construed
in accordance with the laws of (i) the United States of America and the State of Alabama, if Client is
domiciled or resident in the United States or anywhere other than Canada or Europe, (ii) Canada, and
Province of Ontario, if Client is domiciled or resident in Canada, and (iii) France, if Client is domiciled or
resident in a country in Europe, in each case excluding rules governing conflict of law and choice of law.
The (A) state and federal courts located in Lee County, Alabama shall have exclusive jurisdiction to
adjudicate any dispute arising out of the Agreement if United States and the State of Alabama laws apply,
(B) the provincial and federal courts in in the City of Toronto, Ontario shall have exclusive jurisdiction to
adjudicate any dispute arising out of this Agreement if Canadian law applies, and (C) the courts in Paris,
France shall have exclusive jurisdiction to adjudicate any dispute arising out of the Agreement if French
law applies. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such
applicable courts. The parties agree that the UN Convention on Contracts for the International Sale of Goods
(Vienna, 1980) and the Uniform Computer Information Transaction Act or similar federal or state laws or
regulations shall not apply to the Agreement nor to any dispute or transaction arising out of the Agreement.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN
ANY ACTION, ARISING OUT OF THIS AGREEMENT.
18.8. Dispute Resolution. In the event of a dispute by Client arising out of this Agreement, the
parties agree that in good faith they will escalate the dispute to management in their respective organizations
and agree to meet and confer at least once in an effort to resolve any such dispute within ninety (90) days
of first written notice of the dispute. If such escalation and meet and confer attempts do not resolve the
dispute, the parties agree to participate in at least one (1) day of non-binding mediation (costs to be split by
the parties) with a mediator to which they jointly consent before proceeding filing a claim in court against
the other party.
18.9. Force Majeure. Company and Client are not liable for any delay or failure to perform any
obligations under this Agreement (except for payment obligations) due to events beyond their reasonable
control, such as a strike, blockade, war, act of terrorism, riot, Internet or utility failures, refusal of
government license, or natural disaster provided, however, that in the event such period of extended delay
exceeds ninety (90) days in respect of a Party, either Party may terminate this Agreement upon notice to the
Party, as applicable or, in the case of Company, may invoke its right of suspension in accordance with the
Agreement.
18.10. Subcontractors. Company may use subcontractors and permit them to exercise Company’s
rights under the Agreement, but Company remains responsible for the subcontractors and the delivery of
the Services to Client under this Agreement.
18.11. Waivers and Severability. Waiver by a party of any breach of any provision of the Agreement
must be in writing and signed by the waiving party’s authorized representative and cannot be implied from
conduct. If any provision of this Agreement is held impermissible pursuant to applicable law, invalid by a
court of competent jurisdiction, or otherwise illegal or unenforceable, it will be limited to the minimum
extent necessary, so the rest of this Agreement remains in full force and effect to the fullest extent possible.
18.12. Third Parties. Except as expressly provided herein, this Agreement does not create or
establish any rights or beneficiaries for any person or entity that is not a party to this Agreement.
18.13. Export. Client acknowledges that the Services may be subject to export control and economic
sanctions restrictions imposed by the U.S. government and import restrictions by certain foreign
governments (collectively “Trade Laws”). In using or accessing the Services, Client will not and will not
allow any third party to use the Services in violation of any Trade Laws or remove or export from the U.S.
or allow the export or re-export of any part of the Service or any direct product thereof to any location,
party or end-use which the U.S. government or any agency thereof requires an export license or other
governmental approval at the time of export or re-export without first obtaining such license or approval.
Client represents and warrants that it and any of its Authorized Users: (i) are not listed on any U.S.
government list of prohibited or restricted parties, including the U.S. Treasury Department list of Specially
Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List or
Entity List; (ii) are not an entity or person who is organized under the laws of, ordinarily resident in, or
controlled by the government of, any country or region (1) that is subject to a U.S. government embargo or
comprehensive sanction, (2) to which the U.S. has prohibited export transactions, or (3) that has been
designated by the U.S. government as a “terrorist supporting” country; (iii) will not use the Services for the
manufacture, design or development of nuclear, chemical or biological weapons or missile technology, or
for terrorist activity; and (iv) will not submit to the Service any information controlled under the U.S.
International Traffic in Arms Regulations or listed on the Commerce Control List unless approved in writing
by Company. Client will notify Company promptly if it or any Authorized User becomes subject to any
order or restriction listed in this Section.
18.14. Compliance with Laws. Client and Company will comply with all applicable laws in their
access, use and provision of the Services.
18.15. Open Source and Third-Party Software. The Services may incorporate third-party open-
source software (“OSS”), as listed in the Documentation or provided by Company upon request. Client’s
internal use of the unmodified Services in the form provided and as authorized in this Agreement will not
require Client to comply with the terms of OSS licenses.
18.16. Government End-Users. Elements of the Services are commercial computer software. If the
user or licensee of the Services is an agency, department, or other entity of the United States Government,
the use, duplication, reproduction, release, modification, disclosure, or transfer of the Service or any related
documentation of any kind, including technical data and manuals, is restricted by the terms of this
Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense
Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Services were developed
fully at private expense. All other use is prohibited.
18.17. Antibribery and Kickbacks. Client has not received or been offered any bribe, kickback,
illegal or improper payment, gift, or thing of value from any Company personnel or agents in connection
with the Agreement, other than reasonable gifts and entertainment provided in the ordinary course of
business. If Client becomes aware of any violation of the above restriction, Client will promptly notify
Company. - 19. CLASS ACTION WAIVER
19.1. THIS SECTION CONTAINS A BINDING CLASS ACTION WAIVER. IT AFFECTS
YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US.
To the extent permitted by applicable law (“Excluded Disputes”), Client may only bring any claims related
to this Agreement in court or arbitration on its own behalf and not on a class or collective basis on behalf
of others. Client agrees that it will not participate in any class or collective action or as a member of any
such class or collective proceeding for any claims related to or arising out of covered this Agreement and
Services from Company. Client also agrees not to participate in claims brought in a private attorney general
or representative capacity, or consolidated claims involving another person’s account, if we are a party to
the proceeding. YOU AGREE THAT YOU VOLUNTARILY, KNOWINGLY, AND INTELLIGENTLY
WAIVE ANY RIGHT YOU MAY HAVE TO BRING OR OTHERWISE PARTICIPATE WITH OTHER
PERSONS IN ANY CLASS, COLLECTIVE, CONSOLIDATED ACTION OR REPRESENTATIVE
ACTION UNDER ANY FEDERAL, STATE OR LOCAL LAW OR STATUTE TO THE FULLEST
EXTENT PERMITTED BY LAW. To opt out, you must notify us in writing within thirty (30) days of the
date that you first became subject to this provision. You must use this address to opt out:
legal@fullsteam.comYou must include your name and residence address, the email address you use for
your account with us, and a clear statement that you want to opt out. If and to the extent the prohibition
against class actions and other claims brought on behalf of third parties contained above is found to be
unenforceable, then such preceding language in this section will be null and void. - Language. The parties hereto acknowledge that they have expressly requested and are satisfied that
this Agreement and all related documents and notices be drawn up in English. Les parties reconnaissent
qu’elles ont expressément exigé que le présent Contrat et tous les documents et avis qui s’y rattachent soient
rédigés en anglais et s’en déclarent satisfaites.