This Sassafras SaaS Subscription Agreement is between Sassafras Software, LLC (“Sassafras” and “We”), and the customer (“Customer” and “You”) and it is effective as of the Effective Date. This SaaS Subscription Agreement together with the applicable Quote(s), Sassafras Policies, and KeyServer Products License Agreement are collectively the “Agreement”. Customer’s use of the Subscription Service and Sassafras’ provision of the Subscription Service are governed by the terms of this Agreement.
1. Subscription Service; Authorized Users; Hosting Service.
1.1. Subscription Service. Subject to the terms and conditions of the Agreement and in consideration of Customer paying the Fees, Sassafras grants to Customer a limited, nonexclusive, non-transferable right to access the Sassafras software specified on the Quote (“Sassafras Software”) via a third-party hosting service during the Term (“Subscription Service”). Customer fully understands and hereby confirms that Customer’s use of the Subscription Service constitutes Customer’s acceptance of the terms of the: (i) online Sassafras SaaS Subscription Agreement, which may be updated from time to time during the Term and is available at https://www.sassafras.com/legal-saas/ ; (ii) the applicable Quote(s); and, (iii) Sassafras’ online notices and policies including, without limitation, the Privacy Notice (collectively, “Sassafras Policies”), which may be updated from time to time during the Term and are available at https://www.sassafras.com/legal-privacy/ .
1.2. Authorized Users. “Authorized Users” means employees and designated sub-contractors and agents of the Customer who may access the Subscription Service for internal business purposes in accordance with the terms of this Agreement. Customer confirms that it shall (a) be responsible and liable for all acts, errors and omissions of the Authorized Users as concerns their access to and use of the Subscription Service and (b) ensure that all Authorized Users understand and comply with all applicable terms and conditions of this Agreement, Sassafras Policies, user guides, technical manuals, product documentation, regulations and laws, including, without limitation, pass-through terms from Sassafras’ third-party service providers (“TSPs”) (collectively, “Documentation”).
1.3. Hosting Service. The Subscription Service shall be hosted on a server environment operated by a TSP selected by Sassafras. During the Term, Sassafras may change the server environment or the TSP and may outsource other aspects of the Subscription Service at its sole discretion. The Customer acknowledges that the TSP may utilize servers located outside of the United States, and Customer hereby confirms it is solely responsible to ensure the transfer, storage, and processing of Customer Data when done in or outside of the United States complies with all applicable laws and regulations governing data storage, privacy and data transfer.
2. Customer Data; Sassafras Technology; Proprietary Rights.
2.1. Customer Data. “Customer Data” means any data owned or lawfully used by Customer, which Customer inputs, processes, transmits and transfers via the Subscription Service. Customer confirms that: (i) Customer owns all intellectual property and proprietary rights necessary to input, process, transmit, and transfer Customer Data as well as all necessary rights to allow Sassafras and TSPs to process, transmit, transfer and store Customer Data in relation to the provision of the Subscription Service; and, (ii) Customer’s inputting, processing, transmitting, and transferring of the Customer Data in relation to the Subscription Service shall comply with the terms of this Agreement, the Documentation, all applicable policies, laws and regulations, including, without limitation, all data-related regulations. Customer hereby grants to Sassafras the limited right to use, process, transmit, transfer and store the Customer Data on an ‘as needed’ basis in connection with Sassafras’s performance hereunder and the right for Sassafras to allow TSPs to do the same in conjunction with the provision of the Subscription Service. Customer is solely responsible for inputting, maintaining the Customer Data vis-à-vis the Subscription Service. Customer is solely responsible for ensuring it has all necessary rights to and in the Customer Data, including, without limitation, all rights necessary to collect, store, process, transmit and transfer any personally identifiable information that may be contained in the Customer Data in accordance with all applicable laws and regulations.
2.2. Sassafras Technology; Sassafras Data. Customer acknowledges and agrees that Sassafras owns and retains all rights in and to the Sassafras Software and applicable documentation, including without limitation, all trade secret, copyright, patent, trademark, trade name, and other intellectual property and proprietary rights therein (collectively, “Sassafras Technology”). Subject to the Customer Data definition, above, Sassafras shall own all rights to (i) any data input into the Subscription Service by or on behalf of Sassafras, and (ii) any aggregated and anonymized data extracted or derived from the Subscription Service, including all aggregated and anonymized usage data, statistical data, transactional data, metadata, market data and other aggregated and anonymized data collected from user data and files (collectively, “Sassafras Data”). Sassafras reserves the right to create and market public indexes, analysis or insights created from the Sassafras Data. Nothing contained in this Agreement or in the parties’ performance or failure to perform hereunder shall be construed as granting or conferring to Customer, by implication, license, estoppel, or otherwise, any intellectual property rights in or to the Sassafras Technology or the Sassafras Data.
3. Quote and Payment Terms.
Sassafras shall issue Customer a quote document specifying the Sassafras Software that Customer may access via the Subscription Service, fees, payment due date(s), and other applicable terms (“Quote”). Customer shall pay, in full, the fees specified in the applicable Quote within thirty (30) days of the payment due date listed therein (“Fees”). All Fees are due 30 days after the payment due date, and, if not received by then the payment will be considered late and subject to the service charge described below and other legal remedies. All Fees must be paid made in U.S. dollars. The Fees are exclusive of all applicable taxes, VAT, duties or other governmental assessments, which are the responsibility of Customer. Late payments shall be subject to a service charge equal to the lesser of 1.5% per month or the maximum amount allowed by law, with respect to the overdue amount. Sassafras may increase the Fees annually and will notify Customer accordingly. All payments are non-refundable unless otherwise specified in this Agreement.
4. Effective Date; Term; Termination; Survival.
The initial term shall begin on the date listed on the Quote and, if no such date is specified, then the initial term shall begin on the date on which Customer first accesses the Subscription Service (“Effective Date”). The initial term shall commence on the Effective Date and run thereafter for a period of 12 months (“Initial Term”). On the one-year anniversary of the Initial Term, unless terminated earlier, this Agreement shall renew for successive one-year terms if the Customer has paid, in full, the Fees set out on the applicable renewal Quote (each, a “Renewal Term” and together with the Initial Term, the “Term”) until terminated in accordance with its terms. Sassafras may terminate this Agreement at its convenience by providing 30 days written notice to the Customer. Either party may terminate this Agreement (a) upon 30 days prior written notice if the other party materially breaches this Agreement and has not cured the same within the 30 day period, or (b) immediately upon written notice in the event of the filing of a petition for bankruptcy or reorganization by or against the other party or the dissolution or liquidation of the other party. Upon any termination of this Agreement, (a) Customer shall promptly: (i) pay all Fees that are due; (ii) discontinue access to and use of the Subscription Service (and ensure all Authorized Users do the same); and, (iii) certify in writing that Customer has complied with these requirements; (b) Sassafras shall disengage Customer’s access to the Subscription Service; and, (c) both parties shall promptly return to the other (or destroy the other party’s) Confidential Information. Any payment obligations of Customer, provisions providing for limitations on liability, and those terms which by their nature were intended to survive any termination of this Agreement, including, without limitation, those contained within the Sassafras Policies, shall so survive.
5. Warranty; Disclaimers; Remedy; No High Risk Use; Customer Responsibilities.
5.1. Limited Warranty. In accordance with the terms of this Agreement, Sassafras warrants to Customer that the Sassafras Software when accessed via the Subscription Service shall operate materially in accordance the applicable Sassafras Software documentation. The foregoing LIMITED warranty shall not apply if the non-conformance is not replicable or results from TSP systems or components used by Customer to access the Subscription Service that Sassafras had not pre-approved in writing, including any lack of interoperability with such.
5.2. Disclaimer. Sassafras does not warrant that operation of or access to the Subscription Service will be uninterrupted or error-free, or that all reported defects will be corrected. THE SUBSCRIPTION SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. EXCEPT FOR THE LIMITED WARRANTY DESCRIBED IN SECTION 5.1, SASSAFRAS EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES IMPLIED BY USAGE OF TRADE OR CUSTOM OF DEALING. FURTHER, SASSAFRAS DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SUBSCRIPTION SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE OR VIRUS FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; OR, (B) THE SUBSCRIPTION SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. ALTHOUGH INFORMATION THAT CUSTOMER AND AUTHORIZED USERS SUBMIT MAY BE PASSWORD PROTECTED, SASSAFRAS DOES NOT GUARANTEE NOR WARRANT THE SECURITY OF ANY SUCH INFORMATION TRANSMITTED TO OR FROM THE SUBSCRIPTION SERVICE. CUSTOMER SOLELY ASSUMES THE SECURITY RISK FOR ANY INFORMATION, DATA, CUSTOMER DATA AND CONTENT THAT IT AND ITS AUTHORIZED USERS UPLOAD, PROVIDE OR TRANSMIT VIA THE SUBSCRIPTION SERVICE. Customer is SOLELY responsible for its use AND THE USE BY ITS AUTHORIZED USERS of the SUBSCRIPTION Service AND for communicating the terms and limitations in this Agreement AND ANY OTHER APPLICABLE TERMS AND POLICIES to AUTHORIZED USERS, EMPLOYEES, AGENTS AND end users, INCLUDING WITHOUT LIMITATION, ANY WARRANTY LIMITATIONS, USAGE RESTRICTIONS AND ANY LIMITS ON SASSAFRAS’S LIABILITY. The Customer acknowledges that the during the Term the Subscription Service may be temporarily unavailable due to scheduled maintenance or for unscheduled emergency maintenance, either by Sassafras or by TSPs, or because of other causes beyond Sassafras’s reasonable control.
5.3. No High Risk Use. ANY USE OF THE SUBSCRIPTION SERVICE BY CUSTOMER, IN ANY HIGH RISK USE CASE (AS DESCRIBED BELOW) IS NOT ADVISED AND IF DONE SHALL BE DONE AT THE CUSTOMER’S AND USER’S OWN RISK, WITHOUT ANY WARRANTY WHATSOEVER. AS USED HEREIN, A “HIGH RISK USE CASE” IS ANY USE WHERE THE FAILURE OF THE SERVICE COULD CAUSE SERIOUS RISK, INCLUDING RISK OF INJURY TO PERSONS OR PROPERTY, OR A LIFE-THREATENING SITUATION, INCLUDING BUT NOT LIMITED TO, MEDICAL, NUCLEAR, AVIATION, NAVIGATION, EMERGENCY SERVICES, EMERGENCY WEATHER ALERTS, PANDEMIC-RELATED OR MILITARY APPLICATIONS.
5.4. Remedy. Sassafras’s sole liability and Customer’s sole and exclusive remedy for any breach of the limited warranty set forth above shall be, in Sassafras’s sole discretion, to either (i) use commercially reasonable efforts to provide an error-correction or work-around for the reported non-conformity, or (ii) terminate this Agreement and refund to Customer that portion of any prepaid Fee associated with any unused balance of the Term. Sassafras shall have no obligation with respect to a warranty claim unless Sassafras receives Customer’s written notification of such claim promptly within the then-current Term.
5.5. Customer Responsibilities. Customer is solely responsible for maintaining its own connectivity and connection to the Subscription Service via any necessary hardware, software, telecommunications, electricity, web connection and internet connections, and for maintaining the security thereof, at its own cost and expense, and Sassafras is not responsible for any interruptions thereto, and Customer expressly agrees that Sassafras shall not be liable in any manner for any interruption in or failure of access to the Subscription Service, nor shall any such interruption or failure of access be deemed a breach of the terms of this Agreement. If and to the extent the Subscription Service includes, integrates or links to any third party content, data, hosting service or non-Sassafras software (“Third Party Content”), Customer acknowledges and agrees that (a) Sassafras is not responsible for any Third Party Content; and (b) any Third Party Content may be subject to additional terms and conditions (including applicable terms of use, privacy policies, data-related regulations, end user license terms, etc.), for which Customer shall be solely responsible for agreeing to and complying with. Without limiting the generality of the foregoing, Sassafras is not responsible for Customer error, errors in inputs or for errors in any Customer Data; Sassafras does not independently verify the truthfulness or accuracy of any data or content input into the Subscription Service and is not responsible for the fraud, misrepresentation, negligence or misconduct of Customer, any Authorized User or other third party. At all times during the Term, it is the Customer’s responsibility to ensure it has a complete, current and accurate back up of all Customer Data.
6. Indemnifications.
6.1. Intellectual Property Indemnification. Subject to the limitation of liability set out in Section 7, below, Sassafras shall (a) indemnify and hold harmless Customer from costs, expenses, claims, liabilities, judgments, damages or losses, directly arising out of a third party claim that the Sassafras Software infringes a United States copyright or trademark (“Claim”) and (b) indemnify Customer with respect to a finally adjudicated judgment amount awarded by a court of competent jurisdiction directly resulting from a Claim. The foregoing obligations by Sassafras are contingent upon Customer providing Sassafras with: (i) prompt notice of such Claim (and in any event notice in sufficient time for Sassafras to properly respond without prejudice); (ii) the exclusive right to control, direct, and perform the investigation, defense, or settlement of such Claim; and, (iii) such assistance as may be reasonably requested by Sassafras at Sassafras’s expense. If Customer’s access to the Sassafras Software via the Subscription Service is, or in Sassafras’s opinion is likely to be, enjoined, or if required by settlement, or if commercially advisable, Sassafras may at its discretion either: (x) substitute for the allegedly infringing element of the Sassafras Software with functionally similar software; (y) procure for Customer the right to continue using the Sassafras Software; or, (z) terminate this Agreement and refund to Customer that portion of any prepaid Fee associated with any unused portion of the then-current Term. THIS SECTION 6 SETS FORTH SASSAFRAS’S SOLE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY THIRD-PARTY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT.
6.2. Exceptions. Sassafras’s foregoing defense and indemnification obligations shall not apply if the alleged infringement arises from the Customer’s: (a) unauthorized use of the Subscription Service (including, without limitation, the Sassafras Software accessed thereby); or, (b) modification of the Subscription Services or combination of the Subscription Service with third-party products, services, hardware, software or processes except for those provided by TSPs in connection with the Subscription Service.
6.3. Customer Indemnification Obligations. Customer shall indemnify and hold harmless Sassafras from any costs, expenses, claims, liabilities, judgments, damages or losses, in each case arising out of (i) Customer’s or an Authorized User’s breach of this Agreement, including any representation, warranty, confirmation or obligation herein; (ii) the Customer Data or any other content, data or other materials input into the Subscription Service, or otherwise provided, by or on behalf of Customer or an Authorized User; (iii) any actual or alleged non-compliance by Customer or an Authorized User with applicable policies, Documentation, laws and regulations, including, without limitation, those concerning data privacy and data security; (iv) Customer’s or an Authorized User’s actual or alleged violation of third party privacy rights, including without limitation any breach of the scope of the access rights granted under this Agreement; or (v) Customer’s or an Authorized User’s violation of Sassafras’s intellectual property rights.
7. Limitation of Liability.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY, BASED ON ANY THEORY OF LAW, EQUITY, TORT, CONTRACT OR OTHERWISE, FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, OR COSTS OF COVER, IN CONNECTION WITH THIS AGREEMENT, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND (B) EACH PARTY’S TOTAL LIABILITY UNDER THIS AGREEMENT WITH ALL CLAIMS, DAMAGES AND LIABILITIES AGGREGATED, AND BASED ON ANY THEORY OF LAW, EQUITY, TORT, CONTRACT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF THE SUBSCRIPTION SERVICE FEES PAID BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM.
8. Confidentiality; Equitable Relief.
8.1. Confidential Information. Each party acknowledges that by reason of the relationship created between the parties by this Agreement, it may have access to certain non-public information of substantial value concerning the other party’s business, operations, strategic plans, customers, suppliers, technology, competition and employees (“Confidential Information”), which value would be impaired if such Confidential Information were disclosed to third parties or used other than for purposes expressly authorized hereunder. The terms of the Quote and any renewal Quote including, without limitation, the Fees, and any information relating to the pricing and the Subscription Service (by whomsoever generated or communicated) will be considered Confidential Information of Sassafras. Each party agrees (a) to maintain all Confidential Information received from the other, in whatever form disclosed, in strict confidence, (b) not to disclose or otherwise make available such Confidential Information to any third party without the prior written consent of the disclosing party, and (c) not to use the Confidential Information of the other party except as required in the performance of its obligations or the exercise of its rights hereunder. The foregoing obligations shall not apply to Confidential Information of a disclosing party that, as can be reasonably demonstrated with admissible evidence by the receiving party: (i) is or becomes a matter of public knowledge though no action or omission of the receiving party; (ii) was rightfully in the receiving party’s possession without restrictions on use or disclosure prior to its disclosure by the disclosing party; (iii) is rightfully obtained by the receiving party without an obligation of confidentiality from a third party who has no obligation of confidentiality, direct or indirect, to the disclosing party; (iv) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information; or (v) is required to be disclosed by a court or other authorized tribunal, and then only to the extent of such requirement and only after given prompt notice of the requirement to the disclosing party.
8.2. Return of Confidential Information. Upon the written request of the disclosing party or upon any termination of this Agreement, the receiving party shall (a) immediately return to the disclosing party or destroy all copies and partial copies of the Confidential Information, whether maintained in tangible, electronic or other form (including permanently erasing any portions thereof from computers and systems) and (b) provide the disclosing party with written certification of its compliance with the terms of this Section.
8.3. Equitable Relief. Each party acknowledges that any breach of any of its obligations with respect to the other party’s Confidential Information may cause or threaten irreparable harm to such party. Accordingly, each party agrees that in such event, the aggrieved party shall be entitled to seek equitable relief in any court of competent jurisdiction without the necessity of posting bond and in addition to such other remedies as may be available to the aggrieved party under law or in equity.
9. General Restrictions.
Customer hereby confirms its understanding that the only right granted hereunder as concerns the Sassafras Software is a limited right for Customer and its Authorized Users to access the Subscription Service in accordance with the terms of this Agreement. In order to access the Sassafras Software via the Subscription Service, the Customer may need to install one or more of the Sassafras products commonly known as KeyServer, KeyAccess, KeyConfigure or KeyReporter, and, if so, then Customer’s use of said product(s) (“KeyServer Products”) shall be governed by the terms of the then applicable license agreement for the KeyServer Products (“KeyServer Products License Agreement”), which is available at https://www.sassafras.com/legal-sla/ . Except for the limited rights granted under the KeyServer Products License Agreement, if applicable, this Agreement does not grant to Customer any additional license right(s), whatsoever, as concerns the Sassafras Software, which Customer hereby acknowledges. Customer shall not access or use the Subscription Service on behalf of any third party or for any purpose other than as described in this Agreement. Specifically, Customer shall not access or use the Subscription Service to: (a) sell, lease, license, sublicense, distribute or otherwise transfer in whole or in part the Subscription Service or use it as a service bureau; (b) post, send, process or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material violating of third party rights; (c) post, send, process or store material containing software viruses, worms, Trojan horses or other harmful or malicious computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Subscription Service or attempt to gain unauthorized access to it or related systems or networks; (e) remove, alter or obscure any titles, product logo or brand name, trademarks, copyright notices, proprietary notices or other indications of the intellectual property rights of Sassafras or any third-party related to the Subscription Service or Documentation; or (f) use the Subscription Service to perform any activity or to transmit any Customer Data which is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortuous, or defamatory, nor to perform any activity which breaches the rights of any third party. The Subscription Service may be used only by Customer: (i) for its internal business purposes and only for the direct benefit of Customer; (ii) in accordance with the terms of the Agreement; and (iii) in compliance with all applicable laws, rules, regulations, Sassafras Policies, Documentation and instructions provided by Sassafras. Customer is solely responsible for the activity that occurs on its account, for keeping its account password secure, and for notifying Sassafras immediately of any breach of security or unauthorized use of its account. Customer agrees not to circumvent, disable or otherwise interfere with security-related features of the Subscription Service, or features that prevent or restrict use or copying of any content or enforce limitations on use of the Subscription Service, or the content therein.
10. General.
10.1. Assignment. Customer may not assign this Agreement or any of its access rights or duties under this Agreement, whether by operation of law or otherwise, without the prior written consent of Sassafras, which may be withheld for any or no reason. Subject to the previous sentence, the rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors and assignees.
10.2. Publicity. Customer expressly grants Sassafras the right to include Customer’s name, logo, brand name, URL, website, and trademark in a list of customers on Sassafras’s website or other promotional material in relation to the Subscription Service for marketing purposes.
10.3. Notices. Sassafras may send notices pursuant to this Agreement to Customer’s email contact points provided by Customer, and such notices will be deemed received 24 hours after they are sent. Customer may send notices pursuant to this Agreement to sales@sassafras.com and such notices shall be deemed received 72 hours after they are sent.
10.4. Waiver. A waiver shall only be deemed to have been made if expressed in writing by the party granting such waiver and shall not be construed as a waiver of future performance of any such term.
10.5. Force Majeure. Neither party will be liable for any failure or delay in its performance under this Agreement (or the performance of or access to the Subscription Service), other than payment obligations, due to causes that are beyond its reasonable control, including, but not limited to, an act of God, act of civil or military authority, fire, epidemic, flood, earthquake, riot, war, terrorism, sabotage, and governmental action. The delayed party shall: (i) give the other party written notice of such cause promptly; and (ii) use its reasonable efforts to correct such failure or delay.
10.6. Entire Agreement; Construction. This Agreement constitutes the entire understanding between the parties, and supersedes all prior discussions, representations, understandings, or agreements between the parties with respect to the subject matter of this Agreement. If any provision of this Agreement shall be held by a court of law of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect and, to the extent allowed and practicable, the unenforceable provision shall be modified so as to be enforceable consistent with its original intent and economic effect. The headings and captions used in this Agreement are for convenience only, and shall not affect the interpretation of the provisions of this Agreement.
10.7. Independent Contractors. The relationship of Sassafras and Customer is that of independent contractors, and nothing contained in the Agreement will be construed to constitute the parties as partners, joint venturers, co-owners, or otherwise as participants in a joint undertaking.
10.8. Governing Law and Jurisdiction; Attorneys’ Fees. This Agreement shall be governed by and construed under the laws of the State of New Hampshire. The federal and state courts in Concord, New Hampshire shall have exclusive jurisdiction and venue to adjudicate any dispute arising out of this Agreement, and each party hereto expressly consents to the personal jurisdiction of such courts and waives any objection to venue. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys’ fees and costs in connection with such action.
10.9. Modifications. Sassafras reserves the right to modify or discontinue the access to the Subscription Services at any time with or without notice to You, including without limitation by adding or subtracting features and functionality, third party content, etc. In the event of such modification or discontinuation, Customer’s sole remedy shall be to terminate this Agreement as set forth herein. Continued use of the Subscription Service following any such changes will indicate your acknowledgement and acceptance of such changes and satisfaction with the Subscription Service. Sassafras may change the terms of this Agreement from time to time by updating these terms as posted online. Any such changes will become effective when notice is received or when so posted, whichever first occurs. If You object to any such changes, your sole recourse will be to terminate this Agreement. Continued use of the Subscription Service following such changes will indicate your acknowledgement of such changes and agreement to be bound by such changes.
End of Agreement
(revision 2022-04-05)