Terms of Service
Welcome to Easemble!
This Terms of Service (“Agreement”) describes the terms and conditions upon which MTEK Solutions LLC dba Easemble (“Easemble,” “we,” “us,” or “our”) provides the person or entity accepting this Agreement ("user," "you," or "your") with access and use of the products and services we make available through the www.easemble.com website, mobile application, and Creator Portal (defined below) (collectively, the “Platform”) to view 2D, 3D, and video installation guides (“Guides”).
THIS AGREEMENT CONTAINS A MANDATORY AND BINDING INDIVIDUAL ARBITRATION CLAUSE, CLASS ACTION WAIVER, WAIVER OF RIGHT TO A JURY TRIAL, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
You may only create Guides and access the services and features available through the creator portal ("Creator Portal") if you create a creator account with us ("Creator Account") and agree to abide by the terms and conditions of this Agreement for each use of the Platform. Creation of a Creator Account, or access to additional features available through the Creator Account, may require the purchase of a Subscription (defined below).
This Agreement governs your legal relationship with us and the rights you grant us when you use the Platform.
Please read this Agreement carefully before accessing and using the Platform.
- Acceptance
Your access to and use of the Platform is conditional on your acceptance of this Agreement. By clicking to accept, you agree on your own behalf and on behalf of any organization, entity, or person on whose behalf you may act to accept and abide by this Agreement for each and every use of the Platform. You may not access or use the Platform if you do not agree to this Agreement.
By agreeing to this Agreement, you also agree to the terms of our Privacy Policy.
- Updates to this Agreement
We reserve the right to modify this Agreement anytime by posting an updated version on the Platform. At our sole discretion, we may also email active users to notify them of changes. You are responsible for regularly reviewing this Agreement, and your continued use of the Platform after the effective date of a change constitutes your acceptance of the updated Agreement. If any modification is unacceptable, you shall cease using the Platform. If you have any questions about this Agreement, contact us at support@easemble.com.
- Eligibility
You may only use the Platform if you comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be at least 13 to create an account on the Platform. If you are under 13 years of age, you may use the Platform only with the verifiable consent of a parent or legal guardian, as described in our Children’s Privacy Policy. A parent or legal guardian who provides consent is responsible for the minor’s use of the Platform and for the minor's compliance with this Agreement. Any access or use of the Platform by anyone under 13 without parental consent violates this Agreement. The Platform may not be available to users who have been removed from the Platform by us.
- Creator Account
The Platform provides access to 3D and 2D interactive product assembly and installation Guides which are created by registered manufacturers and third-party creators ("Creators") through the Platform. Access to the Guides may be restricted to users who have registered with us and have created an account on the Platform ("Creator Account"). If you want to create a Guide to your product on our Platform, please complete your registration here.
- Platform Disclaimers
We make no warranty, guarantee, or representation that the Platform will be available at all times or that it will be error-free or interruption-free. The Platform is provided "as is," and you acknowledge and agree that you will not rely on any existing features of the Platform being available in the future, nor any proposed updates or additional features becoming available.
We do not warrant or guarantee the accuracy, reliability, completeness, or usefulness of any information or content contained in the Guides accessible on or through our Platform, which are independently created and published by Creators directly. The Guides do not replace instructions, disclaimers, or safety warnings provided to you by the product manufacturer.
We are not responsible for and do not provide any product support related to your use of the Guides. The Platform may allow you to contact the Creator directly through the Platform. Any communications with the Creator are solely between you and the applicable Creator.
- Access to the Platform
Subject to the terms of this Agreement, you are hereby granted a non-exclusive, non-transferable, and non-sublicensable right to access and make personal, non-commercial use of our Platform. The mobile application may not be compatible with all mobile devices, carriers, or service providers, and we make no representations or warranties regarding such compatibility. Easemble, our licensors, or designees reserve all rights not expressly granted in this Agreement.
- Mobile Application License
If you are accessing the Platform via a mobile application (“Application”), Easemble grants you a revocable, non-exclusive, non-transferable, limited right to install and use the Application strictly in accordance with this Agreement.
Terms Applicable to Apple and Android Devices
The following terms apply when you use the Application obtained from either the Apple App Store or Google Play Store. You acknowledge that this Agreement is between you and Easemble only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and Easemble, not an App Distributor, is solely responsible for the Application and the content thereof.
The license granted to you for the Application is limited to a non-transferable license to use the Application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service.
Easemble is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation to furnish any maintenance and support services with respect to the Application.
Easemble is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, according to their terms and policies, may refund the purchase price, if any, paid for the Application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Easemble’s sole responsibility.
You acknowledge that Easemble, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the Application or your possession and/or use of the Application, including, without limitation: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes a third party’s Intellectual Property Rights, the App Distributor will not be responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
Easemble and you acknowledge and agree that the App Distributors, and their subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your first access and use of the Application, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
- Creator Portal
The Creator Portal allows you to create Guides by uploading raw files, such as 3D models, images, schematics, and other content, which will be converted into Guides and made available on our Platform for access and use by Creators.
The use of the Creator Portal is subject to the fulfillment by you of all requirements stipulated in this Agreement. The rights granted herein are limited to Easemble's and its licensor's intellectual property rights in the Creator Portal. Software products not proprietary to Easemble, including, without limitation, Third-Party Services (defined below), are licensed separately from their respective proprietary owner(s).
We reserve the right, in our sole discretion, to make any changes to the Creator Portal that we deem necessary or useful to maintain and enhance the quality of the Platform and the Creator Portal and to comply with the law.
We make no warranty, guarantee, or representation that the Creator Portal will be available at all times or that it will be error-free or interruption-free. The Creator Portal is provided "as is." You acknowledge and agree that you will not rely on any existing features being available in the future, nor any proposed updates or additional features becoming available.
- Account Credentials
When you create an account on the Platform, you will create a user identification and a password upon completing the registration process ("Credentials") and will be asked for or will otherwise provide us with various Account Information. You may also use your Google or Facebook accounts to log in and access your account. "Account Information" means the information you provide to us when creating your account, including your username, password, name, last name, mailing address, email address, telephone number, date of birth, profession, interests, gender, and location.
You may edit your Account Information and how you interact with the Platform by logging in to your account and changing the settings on the "Settings" page.
Your account is personal to you, and you may not transfer, sell, or share your account with any third parties. You are responsible for maintaining the confidentiality of your Credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your Credentials or account or any other security breach and ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
- Creator Account
A Creator Account provides access to the Creator Portal and functionality that we may establish and maintain from time to time. In creating your Creator Account, you will be asked to provide information to be displayed on your profile ("Creator Profile"), including, without limitation, your business name and contact information, website URL, online store links, and other information that you choose to provide. You acknowledge and agree that certain information in your Creator Profile will be treated as non-confidential and will be visible to users. You are fully responsible for the content you upload or post on your Creator Profile, and you are advised not to post or otherwise incorporate content that you do not wish to be made public.
- Easemble Partners
The Platform may enable you to identify, engage, and collaborate with independent third-party creators (“Easemble Partners”) who are made available on or through the Platform to create Guides, instructions, and other Creator Materials (defined below). Easemble Partners are independent third parties and are not employees, agents, partners, or representatives of Easemble. Easemble does not supervise, direct, or control the work performed by any Easemble Partner, and does not set the terms of any engagement between you and an Easemble Partner. Any agreement, scope of work, deliverables, timing, or compensation arrangements are solely between you and the applicable Easemble Partner.
You may add an Easemble Partner to your Creator Account, in which case you authorize Easemble to share access to the Guides and Creator Materials, and other information and materials that you make available through your Creator Profile with that Easemble Partner to enable them to create Guides and other Creator Materials for you.
- Services Agreement
Creators may request either Easemble or an Easemble Partner (collectively, a “Service Provider”) to provide certain professional, implementation, or content-creation services related to the Platform, including the creation of Guides and other content on your behalf (collectively, “Services”). The applicable Service Provider will be specified through the Platform or in an applicable statement of work (SOW) or other documentation between you and the Service Provider.
Unless you and an Easemble Partner agree to a separate written agreement related to the Services (a “Partner Contract”), the provision of Services is governed by the Easemble Services Agreement, which is incorporated into this Agreement by reference. The Services Agreement, together with any applicable SOW, sets forth the terms governing the scope of Services, Deliverables (if any), fees, acceptance, and related matters.
If you enter into a Partner Contract, that agreement will govern the Services as between you and the applicable Service Provider, except that all payments for Services must be made through the Platform and remain subject to this Agreement, including terms applicable to our Payment Processor. All payments for Services Fees (defined in the Services Agreement) are subject to a platform fee specified in the applicable invoice.
Easemble is not a party to any Partner Contract and is not responsible for Services provided by a Service Provider, except to the extent Easemble is expressly identified as the Service Provider in a SOW.
- Easemble Responsibilities
We will, at our sole discretion, deliver enhancements, bug and error fixes, updates, and upgrades to the Platform that are made generally and commercially available without levying an incremental fee. The Platform is maintained and receives periodic updates and upgrades through releases. We will use reasonable efforts to schedule releases so as to minimize any impact on the availability and performance of the Platform, but we make no guarantee that the Platform will be available to you at all times. You acknowledge that any updates or upgrades to the Platform are at our discretion, and we do not represent or in any way guarantee that additional updates or upgrades will be made to the Platform.
You may make support requests by email to support@easemble.com or through your Creator Account or Creator Portal. We will try to respond to support requests within 24 hours, but we make no guarantee that we will respond within any particular timeframe or that we will answer all support requests satisfactorily.
- Your Responsibility
You are solely responsible for (i) the accuracy, completeness, quality, integrity, and legality of all content and information and the means by which you acquire the content and information that you provide to or through the Platform, including, without limitation, Account Information, Creator Profile information, and the User Content and/or Creator Materials that you provide through the Platform or use to create the Guides through the Creator Portal (if applicable); (ii) all activities in your account; and (iii) maintaining the confidentiality of your Credentials.
You agree to: (a) exit from your account at the end of each session; (b) immediately notify us of any unauthorized use of your Credentials or account or any security breach; (c) use reasonable efforts to stop any unauthorized use of your account that is known or suspected by you; and (d) not provide a false identity or business information to gain access to the Platform. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You are responsible for your compliance with this Agreement and your own acts and omissions while using the Platform. By creating an account, you represent and warrant that: (i) your Account Information is accurate, complete, and updated; (ii) you have and will continue to comply with all applicable federal, state, and local laws, regulations, and ordinances, including, without limitation, that your User Content and/or Creator Materials does not infringe upon the property rights, intellectual property rights (copyrights and trademarks), or other rights of others; and (iii) you agree to be bound by this Agreement.
- Prohibited Conduct
In using the Platform, you must comply at all times with all applicable laws, including, without limitation, all intellectual property, non-discrimination, privacy, and data security laws, and will not take any action that harms or violates the rights of any person or entity. Without limitation, you agree not to:
- Reproduce, duplicate, copy, sell, rent, lease, resell, or exploit for commercial purposes any portion of the Platform without our express written consent;
- Share nonpublic features of the Platform or any content contained on the Platform with any third party;
- Use the Platform in any way to discriminate against any individual or class of individuals protected under federal, state, or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist, or discriminatory activities or outcomes;
- Use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other rights of any person or that violates any applicable law;
- Modify or create derivative works based on the Platform or any Guides or Creator Materials obtained through the Platform;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Remove or alter any copyright, watermark, attribution marks, or other proprietary notices on the Platform or contained in the software used to provide the Platform;
- Use or access the Platform to provide service bureau, time-sharing, or other computer hosting services to others;
- Upload, download, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment;
- Disrupt or interfere with the security of, or otherwise abuse, the Platform, system resources, accounts, servers, or networks connected to or accessible through the Platform or affiliated or linked to the Platform;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the software used to provide the Platform;
- Access, tamper with, or use non-public areas of the Platform. Unauthorized individuals attempting to access these areas of the Platform may be subject to prosecution;
- Disrupt or interfere with any other user’s use of the Platform;
- Use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission;
- Access the Platform to build, or help others to build, a similar or competitive product; or
- Frame or link to the Platform except as permitted in writing by us.
- User Content
Our Platform may contain blogs, message boards, chat rooms, and other interactive features that allow you to upload, create, link, store, share, access, and otherwise submit information, content, and pictures (collectively, "User Content"). User Content will be treated as non-confidential and may be viewable by other Users. You are solely responsible for the accuracy, quality, integrity, and legality of your User Content.
By posting User Content to any part of the Platform, you automatically grant us, and you represent and warrant that you have the right to grant us, an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, and worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute User Content for any legitimate business purpose, and to prepare derivative works of, or incorporate into other works, your User Content, and to grant and authorize sub-licenses of the foregoing.
If you upload a photo, image, or other content showing a finished product created using a Guide or other Creator Materials made available through the Platform, Easemble may share that content, and any related feedback you provide, with the applicable Creator for quality, improvement, and attribution purposes. Such sharing will be anonymous unless you affirmatively consent to such disclosure. With your consent, Easemble may share your name, email address, profile picture, or other identifying information with the Creator. Easemble may also request your consent to display your uploaded content publicly on the Platform in connection with the applicable Guide. You acknowledge and agree that the applicable Creator may use, reproduce, and display any feedback you provide to the Creator, including for the Creator’s own promotional or marketing purposes (such as on the Creator’s website or marketing materials).
- Creator Materials
The Creator Portal allows Creators to upload raw files to create Guides, such as user manuals, product images, and other files, and to post content, information, and comments on their Creator Account (collectively, "Creator Materials"). When a Creator creates a Guide, they will be asked to provide information about the Guide, such as the title, product name, reference number, description, tags, photos, part/step information, and categories ("Descriptions"). Creators must provide accurate and non-misleading Descriptions. We reserve the right to add, remove, or modify Descriptions at our discretion if we believe they are misleading, in violation of this Agreement, or otherwise objectionable.
The applicable Creator retains all rights, title, and interest in and to the Creator Materials, any and all of their copyrights, trademarks, and other intellectual property rights, including the goodwill pertaining thereto. Creator grants Easemble a non-exclusive, worldwide, royalty-free, fully paid, sublicensable license to use, reproduce, display, perform, distribute, modify, and create derivative works from such Creator Materials for Easemble’s marketing, promotional, and demonstration purposes. This license includes the right for Easemble to depict Creator Materials on Easemble’s website, marketing materials, social media, presentations, demonstrations, and other promotional channels, including the use of 2D and 3D images, renderings, videos, animations, assembly videos, and other visual or audiovisual materials derived from or incorporating Creator Materials. Easemble may exercise the rights granted under this section without additional approval or compensation to the Creator, provided that Easemble will not represent that it owns the Creator Materials and will not materially alter Creator trademarks or branding in a manner that is misleading. Easemble will not remove or alter any proprietary or copyright notices, trademarks, or logos on the Creator Materials without the Creator’s express written permission, and we shall not take or cause any action that would be inconsistent with the Creator’s rights in the Creator Materials.
- Prohibited Content
You may not upload, download, post, email, or otherwise transmit on or through the Platform any User Content or Creator Materials that, without limitation:
- May infringe any intellectual or proprietary rights of any third party;
- May be considered false or misleading information;
- Violates another person’s rights of celebrity or privacy, which includes, without limitation, uploading a picture of another person without such person’s consent;
- Is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously, or otherwise objectionable;
- May be considered unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- Would constitute or encourage a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, or national law; or
- Would likely incite, promote, or support discrimination, hostility, or violence.
Without limiting the foregoing, we or our designees shall have the right (but not the obligation), at our sole discretion, to review any User Content or Creator Materials, and to reject or remove such content for adherence to the terms and conditions outlined in this Agreement. Without limiting the foregoing, we shall have the right to suspend or terminate your account or remove any User Content or Creator Materials if it violates this Agreement or is otherwise objectionable to us, and we may do so without any obligation to you, monetarily or otherwise.
- Subscriptions
Access to certain features of the Platform, including the Creator Portal, requires a paid subscription (“Subscription”). Pricing for the Subscriptions (“Subscription Fees”) is based on the usage metrics displayed at checkout, which may include, without limitation, the number of products, service hours, or other units presented on the Platform (“Usage Metrics”). The applicable pricing, billing frequency, and included features will be presented through the Platform at the time of purchase.
You may increase or decrease your Usage Metrics at any time through the Platform. Increases to your Usage Metrics will take effect immediately. If you are billed on a recurring basis, any additional fees resulting from an upgrade will be charged according to the pricing displayed at checkout.
Decreases to Usage Metrics will take effect at the start of the next applicable billing period, unless otherwise stated through the Platform.
For Subscriptions purchased on a monthly basis, upgrades and downgrades will be reflected on the next monthly billing cycle, except that upgrades may take effect immediately as described above.
For Subscriptions purchased on an annual basis, upgrades will apply for the remainder of the then-current Subscription Period. Any downgrade will take effect at the end of the applicable Subscription Period. Downgrades do not entitle you to any refund or credit for fees already paid.
- Pay Per Click
For each product added to a Subscription, the applicable Guides may include links that direct end users to the Creator’s external website, online store, or ecommerce listing (each, a “Creator Link”). Each product subscription includes a specified number of included clicks on Creator Links at no additional charge, as displayed through the Platform. Clicks are tracked on an aggregate, cumulative basis for each product and are not reset monthly.
Once the included click threshold for a product is exceeded, the handling of additional clicks will be determined by the Creator’s preferences as set in the Creator Profile. The Creator may elect, through the Creator Profile, either to: (a) disable Creator Links after the included click threshold is reached; or (b) allow continued use of Creator Links, in which case the Creator will be charged the applicable per-click fee displayed in the Creator Profile.
Creators may update their Pay Per Click preferences at any time through the Creator Profile, and any changes will apply prospectively. If a Creator elects to allow continued Creator Link usage beyond the included click threshold, Easemble will bill the Creator monthly for all additional clicks accrued during the applicable billing period. The payment will be automatically processed through the Creator’s payment method on file.
- Fees and Payment
Except as expressly provided otherwise, all Subscription Fees are non-cancellable and non-refundable when paid, and no refunds will be permitted if you terminate your Subscription before the end of the applicable Subscription Period.
All Subscription Fees are billed to you in advance on a recurring and periodic basis during the Subscription Period selected by you. Unless specified otherwise, initial Subscription Fees are due immediately upon signup or following the expiration of a free trial (if applicable). YOU ACKNOWLEDGE AND AGREE THAT BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE US TO CHARGE YOU AUTOMATICALLY ON A RECURRING AND PERIODIC BASIS FOR THE SUBSCRIPTION PERIOD SELECTED BY YOU AND UPON ANY RENEWAL PERIOD, AND INCLUDING FOR ANY UPGRADES OR ADD-ONS PURCHASED DURING THE SUBSCRIPTION PERIOD.
All payments made through the Platform are processed through a third-party payment processor, such as Stripe (“Payment Processor”), and we do not access or store any financial information, including, without limitation, credit card numbers, bank account numbers, or any other information by which a charge can be made. By utilizing Stripe or any third-party payment processor, you agree to their separate terms of service and/or privacy policy. We reserve the right to change our Payment Processor at any time. You understand and agree that we will not be held liable for your failure to complete a transaction through a Payment Processor on the Platform. We are not responsible for resolving any disputes, support requests, penalties, or other issues between you and the Payment Processor, or any Creator or Easemble Partner.
- Fee Changes
We reserve the right to revise the Subscription Fees at any time prior to your purchase of any Subscription and at any time thereafter before the renewal of the Subscription Period. Subscription Fee changes will become effective at the end of the then-current Subscription Period. We will provide you with no less than 15 days’ written notice before any change to the then-current Subscription Fees to give you an opportunity to terminate the Subscription before such change becomes effective. Your continued use of the Subscription after the fee change comes into effect constitutes your agreement to pay the updated Subscription Fees.
- Free Trial
We may provide you with limited access to Subscription features, free of charge, to evaluate its features and functionalities ("Free Trial"). You may be required to enter your billing information to sign up for a Free Trial. UNLESS YOU CANCEL THE SUBSCRIPTION BEFORE THE END OF THE FREE TRIAL, YOU WILL BE AUTOMATICALLY CHARGED FOR ALL THE APPLICABLE SUBSCRIPTION FEES FOR THE USAGE METRICS SPECIFIED FOR THE REMAINDER OF THE SUBSCRIPTION PERIOD. You may cancel the Subscription during the Free Trial on the Platform under "Cancel Subscription."
- Taxes
Unless otherwise stated, Subscription Fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, without limitation, value-added, sales, use, or withholding taxes assessable by any local, state, provincial, federal, or foreign jurisdiction in connection with the Subscription Fees (collectively, "Taxes"). You are responsible for paying all Taxes associated with the Subscription Fees, and we are responsible for paying all Taxes related to our revenues hereunder.
- Subscription Period
Subscriptions are made available on a monthly or annual basis as further described at the time of purchase ("Subscription Period"). YOU ACKNOWLEDGE AND AGREE THAT THE INITIAL SUBSCRIPTION PERIOD WILL AUTOMATICALLY RENEW FOR SUCCESSIVE EQUAL TERMS THEREAFTER UNLESS EARLIER TERMINATED AS PROVIDED IN THIS AGREEMENT. NO REFUNDS WILL BE PERMITTED, AND NO RIGHT TO TERMINATE BEFORE THE EXPIRATION OF THE SUBSCRIPTION PERIOD WILL EXIST AFTER THE RENEWAL DATE.
- Suspension; Termination
You may terminate the Subscription Period anytime by going to "Subscriptions," then "Cancel Subscription," or by emailing us at support@easemble.com. For the Subscription, termination will become effective upon the renewal date of the applicable Subscription Period.
If Subscription Fees are not received from you as required under this Agreement and as specified in an applicable invoice, then, in addition to the other rights and remedies available and at our discretion, we may: (i) suspend access to the Subscription features, and may only reactivate your access after receipt of the payment for all outstanding Subscription Fees; and (ii) levy a late fee at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by applicable law, whichever is lower, from the date such payment was due until the date paid. Failure to pay Subscription Fees gives us the right to terminate your Subscription and to delete all Creator Materials and related information associated with your account. WE WILL NOT BE LIABLE FOR ANY LOSSES WHATSOEVER INCURRED BY YOU RELATED TO YOUR FAILURE TO PAY UNDISPUTED FEES IN ACCORDANCE WITH THIS SECTION.
We, without prior notice, may suspend or terminate your access to the Platform at any time in our discretion if your use of the Platform violates this Agreement or applicable law or if we otherwise believe that your use of the Platform could cause damage to the Platform, the rights of other users, or for any other reason even if not expressly outlined in this Agreement. Our right to suspend and/or terminate your right to access or use the Platform does not limit our right to seek any other remedy available through this Agreement or at law.
- Effect of Suspension or Termination
Upon the effective date of suspension or termination of your account for any reason, all of your rights to access and/or use the Platform, including all Subscription features, will cease. Termination of your account may result in the deletion of your Account Information, Personal Information, and any Guides associated with Creator Accounts. Creators are responsible for exporting any and all raw files uploaded to your Creator Portal before the termination of the Subscription.
We reserve the right, but not the obligation, to maintain User Content and/or Creator Materials, even after your Subscription is terminated. You acknowledge and agree that we may preserve your User Content or Creator Materials and may also disclose your information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal processes; (ii) enforce this Agreement; (iii) respond to claims that your content violates the rights of any third party; or (iv) protect our rights, property, or personal safety of other users or the public.
- Confidential Information
“Confidential Information” refers to the following items that either party discloses to the other: (i) any document marked “Proprietary” or "Confidential;" (ii) any other nonpublic materials and information provided or made available by us to you, including the Creator Portal or other Easemble products or services, information regarding technology, know-how, processes, software programs, research, development, financial information, and information we provide regarding third parties; (iii) any other sensitive or proprietary information you should reasonably consider a trade secret or otherwise confidential; and (iv) any nonpublic materials and information uploaded by you, including Creator Materials. Confidential Information does not include information that: (a) is or becomes generally known or available to the public, (b) is already known at the time of receiving the Confidential Information through no wrongful act of the receiving party, (c) is furnished by a third party with the right to do so, or (d) is independently developed by the receiving party without the use of or reference to the Confidential Information of the disclosing party. Each party agrees not to use or disclose any Confidential Information of the other party except for the purpose of meeting its obligations under this Agreement and will not use Confidential Information for any other purpose whatsoever. If either party is required to disclose Confidential Information relating to the other party to a court or government agency, it shall, before disclosure and as soon as practicable, notify the other party and allow it an adequate opportunity to object to the disclosure order or take other action to preserve the confidentiality of the information. The obligation of confidentiality shall not apply to any disclosure of proprietary information of Creator by Easemble if required as part of the sale of its business, whether in whole or in part, to a third party, provided that Easemble enters into a confidentiality agreement with the third party on terms no less stringent than those outlined in this Agreement. Easemble and Creator shall advise all their affiliates, employees, agents, or contractors that they are bound by the confidentiality terms of this Agreement.
- Reservation of Rights
We shall have and retain sole ownership of any and all Easemble copyrights, trademarks, and other intellectual property rights, including the goodwill pertaining thereto ("Easemble IP") that is made available through the Platform. You shall not remove or alter proprietary or copyright notices, trademarks, or logos on the Easemble IP without our express written permission. Subject to the rights granted hereunder and any rights granted through other agreements between you and us, we reserve all rights, title, and interest in and to the Platform. No rights are granted to you other than as expressly set forth in this Agreement. You acknowledge and agree that this Agreement does not grant you any title or right of ownership in or to the Platform or any component thereof, or to any associated materials or intellectual property rights, or any enhancements, modifications, feedback, or improvements thereto. You shall not, at any time, take or cause any action that would be inconsistent with or impair our rights or our licensors in the Platform.
- Ownership of Guides
By creating a Guide, you assign us all rights, title, and interest in and to the Guide, excluding Creator Materials. If, for some reason, you are unable to assign us all rights, title, and interest in and to the Guides, you hereby grant us a non-exclusive, transferable, sublicensable, worldwide, perpetual, and irrevocable license use, reproduce, adapt, publicly perform, publicly display, and distribute the Guides as reasonably necessary to provide our Platform.
If you access a Guide on or through the Platform, acknowledge and agree that this Agreement does not grant you any title or right of ownership in or to the Guides or any component thereof, or to any associated materials or intellectual property, or to any enhancements, customizations, integrations, modifications, suggestions, Feedback (defined below) or improvements or any and all ideas, processes, trademarks, logo, service marks, inventions, designs, technologies, original works of authorship, formulas, discoveries, patents, copyrights, copyrightable works, marketing and business ideas, and proprietary improvements, know-how, data, rights, and claims related to the foregoing that, whether or not patentable, were and are conceived, developed, associated and integrated into the Guides.
- License to Creator Materials
You grant us a non-exclusive, royalty-free, assignable, transferable, and sublicensable right and license to use, reproduce, adapt, publicly perform, publicly display, and distribute Creator Materials as reasonably necessary: (i) during the Subscription Period only, to use Creator Materials in connection with the Platform as required under this Agreement and to exercise its other rights, and perform its other obligations, under this Agreement, and (ii) during the Subscription Period and in perpetuity thereafter, to use and disclose Related Data on an anonymous (de-identified) basis only, for statistical, analytical, research, marketing, product/service improvement, and other commercial purposes. The license above will survive the termination or expiration of this Agreement for any reason. Related Data will be our property, and neither we nor our Affiliates or sublicensees shall have any duty to compensate or account to you or any affiliates in connection with exercising the foregoing rights. "Related Data" means data or information (excluding Personal information) associated with or arising out of your use of the Guides (including, without limitation, data associated with requests made to, and responses generated in connection with, the use of your Guides).
- Feedback
You may provide us or make public on the Platform notes, emails, postings, letters, suggestions, reviews, concepts, or other written materials related to the Platform or the Guides provided on the Platform (collectively, "Feedback"). You acknowledge and agree that you do not maintain and will not assert any ownership, intellectual property right, or other rights to the Feedback. You further agree that any Feedback provided to us will not be considered confidential information and that we are permitted to freely share (including with the Creators), publicly display, modify, create derivative works of, or otherwise use the Feedback for any purpose. Should the ownership of the Feedback be found under applicable law not to be our property, you hereby grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into any of our products or services any Feedback provided by you relating to the provision of the Platform.
- DMCA Notice
We respect the intellectual property rights of others. Per the Digital Millennium Copyright Act ("DMCA"), we will respond expeditiously to claims of copyright infringement on the Platform if submitted to us as described below. Upon receipt of a notice alleging copyright infringement, we will take whatever action we deem appropriate within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright-protected content.
- If you believe that your intellectual property rights have been violated by a third party who has uploaded materials to our Platform or by us, please provide the following information to us:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Platform;
- An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not we, can contact you;
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and
- Your electronic or physical signature.
We may request additional information before removing any allegedly infringing material. If we remove the allegedly infringing materials, we may notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so they may respond to your allegations.
For questions regarding this DMA Notice or to send us a notice, please contact support@easemble.com.
- Promotional Rights
You agree that we may reference you in our client listings and place your name and logo on our website and marketing materials relating to our services, as well as in any press releases or customer "case studies" and the like. You hereby grant us a limited license to use your trademarks (name and logo only) designated by you for such limited uses, subject to your trademark/logo usage guidelines, if any, provided by you to us. Notwithstanding the foregoing, you may reasonably request the removal of any such usage of your trademark/logo with written notice to us.
- Privacy; Data Protection
We will maintain commercially reasonable administrative, physical, and technical safeguards to protect, maintain the confidentiality, and ensure the integrity of the information uploaded to your Account Information. You recognize and agree that storing business information or any other information online involves risks of unauthorized disclosure or exposure and that, in accessing and using the Platform, you assume such risks. We offer no representation, warranty, or guarantee that the information in your account will not be exposed or disclosed through error or the actions, including negligence, of third parties or us. We shall not, in any way, be responsible for any intentional or unintentional misuse of your Credentials or your Creator Portal by you (including your employees, subsidiaries, affiliates, and/or parent companies) and/or by your authorized users or third-party service providers to whom you have granted access to your account via the Platform.
"Personal Information" means any information relating to an identified or identifiable natural person; an identifiable natural person can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Our Privacy Policy identifies the categories of Personal Information and other data we collect and how we may use and disclose it. By accepting this Agreement, you expressly consent to our collection and use of Personal Information as described in our Privacy Policy. We encourage you to read the Privacy Policy before submitting Personal Information to the Platform. Without limiting the terms and conditions of the Privacy Policy, you acknowledge and agree that we may disclose Personal Information, including your name, email address, and account activity, when we believe, in its sole discretion, that such disclosure is necessary or appropriate to: (i) comply with legal processes; (ii) enforce this Agreement; (iii) respond to claims that your User Content or Creator Materials violate the rights of third-parties; (iv) investigate the use of or respond to alleged violations or infringement of third-party content; or (v) protect our rights, property, or personal safety or that of other users or the public. To the extent that you receive access to the Personal Information of any other user of our Platform, you agree not to use or disclose such Personal Information except: (a) in compliance with all applicable privacy laws; (b) for the purpose for which such Personal Information was provided to you; and (c) in accordance with our Privacy Policy.
We are located in the United States, and your Personal Information may be transferred to the United States. By transmitting Personal Information to the Platform, you consent to our collection, storage, and processing of such Personal Information in the United States to the maximum extent permitted by applicable law.
If and to the extent that Easemble Processes (as defined in the Data Processing Agreement) Personal Information on behalf of a Creator, our Data Processing Agreement will apply and is incorporated into these Terms by reference.
- Third-Party Content
The Platform may contain content or links to third-party applications, services, websites, and other content not owned or controlled by us (“Third-Party Content”). We do not endorse or assume any responsibility for any such Third-Party Content. If you access Third-Party Content from the Platform, you do so at your own risk and understand that this Agreement and our Privacy Policy do not apply to your use of Third-Party Content. You expressly relieve us from any and all liability arising from your use of Third-Party Content, and any terms related to Third-Party Content are solely between you and the Third-Party Content provider. You agree that we will not be responsible for any reliance or damages relating to your use of Third-Party Content.
- Third-Party Services
The Platform may provide access to or integrate with third-party applications, services, websites, and other services that are not owned or controlled by us (“Third-Party Services”). Third-Party Services include, without limitation, our Payment Processor. All Third-Party Services are provided “As-Is,” and we do not warrant any Third-Party Services, regardless of whether they are required to use the Platform. You expressly relieve us from any and all liability arising from your use of Third-Party Services, and any use by you of Third-Party Services is solely between you and the applicable Third-Party Services provider. We do not endorse or assume any responsibility for Third-Party Services. If you access Third-Party Services from the Platform, you do so at your own risk and understand that this Agreement does not apply to your use of Third-Party Services. We shall not be responsible for any disclosure, modification, or deletion of your Account Information, Personal Information, User Content, or Creator Materials resulting from access by Third-Party Services. Additionally, we are not responsible for downtime or unavailability of Third-Party Services outside our reasonable control. Under no circumstances will we be liable for any indirect, special, incidental, punitive, or consequential damages, including loss of data, business interruption, or loss of profits arising from the use or the inability to use Third-Party Services.
- Disclaimer of Warranties
WE PROVIDE THE PLATFORM ON AN "AS-IS'' AND "AS-AVAILABLE" BASIS. YOUR USE OF THE PLATFORM AND ANY GUIDES MADE AVAILABLE ON THE PLATFORM IS AT YOUR SOLE RISK, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT: (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (II) THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; OR (III) DEFECTS, IF ANY, WILL BE CORRECTED. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. THE INFORMATION AND ANY CONTENT PROVIDED BY US ON THE PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT, AND IS NOT INTENDED TO, CONSTITUTE SPECIFIC ADVICE OR ENDORSEMENT. ANY EASEMBLE PARTNERS THAT ARE AVAILABLE THROUGH THE PLATFORM ARE NOT THE EMPLOYEES, AGENTS, OR REPRESENTATIVES OF EASEMBLE, AND WE ARE NOT RESPONSIBLE FOR ANY STATEMENTS, COMMENTS, PROMISES, OR OTHER COMMUNICATIONS MADE BY SUCH EASEMBLE PARTNERS. WE DO NOT SELECT, ENDORSE, RECOMMEND, OR SPONSOR ANY EASEMBLE PARTNERS OTHER THAN TO DETERMINE ELGIBILITY TO PROVIDE THEIR PARTNER SERVICES THROUGH OUR PLATFORM, AND YOU ARE SOLELY RESPONSIBLE FOR ANY ACTS, OMISSIONS, RESULTS, CONTENT, OR OTHER ACTS OR OMISSIONS OF ANY EASEMBLE PARTNER THAT YOU MAY CHOOSE TO ENGAGE THROUGH THE PLATFORM.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, OUR OWN NEGLIGENCE, SHALL WE OR OUR OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE PLATFORM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USER CONTENT, CREATOR MATERIALS, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THE PLATFORM, ANY GUIDES AVAILABLE ON THE PLATFORM, OR THIS AGREEMENT. THIS LIMITATION APPLIES TO, WITHOUT LIMITATION: (I) THE USE OR INABILITY TO USE THE PLATFORM OR GUIDES; (II) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ANY ELECTRONIC MESSAGES YOU SEND US; (III) STATEMENTS OR CONDUCT OF ANY OTHER USER OR THIRD-PARTY, WHETHER ONLINE OR OFFLINE; OR (IV) ANY OTHER MATTER RELATING TO THE PLATFORM. YOU AGREE THAT WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, YOUR COMPUTER, OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS TO AND USE OF THE PLATFORM. YOU AGREE THAT THE CREATORS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THE GUIDES DISPLAYED ON THE PLATFORM, AND WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU OR YOUR PROPERTY THAT RESULTS FROM ANY ACTS OR OMISSIONS OF THE CREATORS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED $100 OR THE TOTAL AMOUNT OF FEES PAID BY YOU TO US DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT ACT OR OMISSION GIVING RISE TO OUR LIABILITY. ANY CLAIM ARISING UNDER THIS AGREEMENT MUST BE BROUGHT BY YOU WITHIN 12 MONTHS AFTER THE EVENTS GIVING RISE TO THE CAUSE OF ACTION ARE DISCOVERED, OTHERWISE YOU RELEASE US OF ANY SUCH CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
- Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS EASEMBLE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND OUR RESPECTIVE SUCCESSORS AND ASSIGNS (“INDEMNIFIED PARTIES'') FROM ANY THIRD-PARTY CLAIM, SUIT, PROCEEDING, OR GOVERNMENT ENFORCEMENT ACTIONS ARISING OUT OF, RELATED TO, OR ALLEGING AN INJURY OR LOSS CAUSED BY YOUR ACCESS AND USE OF THE PLATFORM THAT, WITHOUT LIMITATION, INCLUDES: (I) THE RAW FILES THAT YOU USE TO CREATE THE GUIDES; (II) YOUR ACCESS TO OR USE OF THE PLATFORM FOR ILLEGAL, FRAUDULENT, OFFENSIVE, OR TORTIOUS PURPOSES; (III) YOUR INTERACTION WITH OTHER USERS; (IV) YOUR VIOLATION OF THIS AGREEMENT; OR (V) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD-PARTY. IN ANY EVENT, WE WILL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH SUIT OR PROCEEDING THROUGH COUNSEL OF OUR OWN CHOOSING AT OUR OWN EXPENSE. YOU WILL ALSO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED IN RESPONDING TO ANY LEGAL ACTION, SUBPOENA, SEARCH WARRANT, OR COURT ORDER REQUIRING THE PRODUCTION OF INFORMATION OR DOCUMENTS RELATED TO SUBSECTION (I) THROUGH (V) ABOVE.
- Release
In the event of a dispute between you and another user, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
If you are a resident of any other jurisdiction, you agree to waive any similar or equivalent provision under applicable law that limits the effect of a general release to known or suspected claims.
- Entire Agreement
This Agreement and any other terms and agreements incorporated herein by reference constitute the entire agreement between you and us concerning your access and use of the Platform.
- Severability
In the event that any provision of this Agreement is considered invalid, illegal, or unenforceable by a court of competent jurisdiction having authority to bind the parties under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
- No Waiver
Our failure at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. A waiver of any default by us will not be deemed a continuing waiver but will apply solely to the instance to which such waiver is directed.
- Headings; Summaries
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or extent of such section or affect such section.
- Arbitration
For any dispute, you agree to first contact us at support@easemble.com and attempt to resolve the dispute with us informally for at least 30 days before initiating any arbitration or court proceeding. In the event we are unable to resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this provision to arbitrate, shall be determined solely and exclusively by binding arbitration before a single arbitrator. You and we also agree that the arbitration shall be conducted by the American Arbitration Association (AAA) under the Commercial Arbitration Rules. Each party will be responsible for paying AAA filing, administrative, and arbitrator fees per AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This arbitration provision is governed by the Federal Arbitration Act.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NO CLASS ACTION OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS AGREEMENT. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Governing Law
The laws of the United States shall govern this Agreement without regard to the principles of conflict of laws. Any dispute between the parties excluded from the arbitration provision or that cannot be heard in small claims court shall be resolved in the United States District Court.
- Notices
By providing us with your email address, you consent to receive our related communications and notices electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide to you via the Platform or email satisfy any legal requirement for such communications to be in writing. We may also use your email address to send you other messages, such as changes to the site’s features and special offers ("Promotional Messages"). If you do not want to receive Promotional Messages, you may opt out by clicking the "Unsubscribe" link in an email or by emailing us at support@easemble.com. If you would like a physical address to which to send correspondence to Easemble, please email us, and we will provide you with a mailing address.
- Force Majeure
Neither party shall be liable for any failure or delay in its performance under this Agreement, or any and all addenda due to circumstances beyond its reasonable control (other than the payment of sums due), provided that it notifies the other party as soon as practicable and uses its best efforts to resume performance (such a “Force Majeure Event”).
Contact
For questions regarding this Agreement, contact us at support@easemble.com.
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