Terms and Conditions of Use

The following terms and conditions (the “Agreement”) govern your use of e-BizSoft, Inc.’s software application named ePaymentConnector™ including websites, software, services, source code, interfaces, applications, modules, products, product families, offline components, editions, and versions (collectively, the “Software”). By downloading, installing, activating, and / or using the Software in whole or in part, you agree to this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your”” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you may not use the Software. You must uninstall and delete all copies or instances of the Software.

Welcome

As part of the Software, e-BizSoft, Inc. will provide you with use of the Software, including an interface and the associated transmission, access, and data exchange capabilities for payment processing services via Global Payments (“Payment Processor”). Your registration for, and / or use of, the Software shall be deemed to be your agreement to abide by this Agreement including any materials available on the Software website, or through a third-party website through which Software is offered for sale or use, documentation, specifications, or incorporated by reference herein, including but not limited to e-BizSoft Inc.’s privacy and security policies. For reference, a Definitions section is included at the end of this Agreement.

1.Privacy & Security; Disclosure

e-BizSoft, Inc. reserves the right to change its terms, privacy, and security policies at its discretion. e-BizSoft, Inc. occasionally may need to notify all users of the Software of important announcements regarding the operation of the Software. e-BizSoft, Inc. reserves the right to collect information regarding your download, installation, activation, or usage of Software.

2. License Grant & Restrictions

e-BizSoft, Inc. hereby grants you a non-exclusive, non-transferable, worldwide right to use the Software, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by e-BizSoft, Inc. and its partners.

You may use the Software only for your internal business purposes and shall not: (i) modify, engineer, distribute the Software in violation of applicable laws in whole or in part; (ii) access or use the Software to conduct or support transactions for goods or services harmful to children or minors; (iii) access or use the Software in any way which interferes with or disrupts the integrity or performance of the Software or the data transmitted or processed therein; (iv) attempt to gain unauthorized access to e-BizSoft Inc.’s or Payment Processor’s systems or networks; or (v) access or use the Software to conduct or facilitate activities including the processing of transactions in support of goods or services whose trade or execution is restricted or prohibited under all applicable local, state, national and foreign laws, treaties and regulations.

3. Your Responsibilities

You are responsible for all activity occurring through your use of the Software and shall abide by all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of the Software, including those related to data privacy, international communications, and the transmission of technical or payment data. You shall: (i) notify e-BizSoft, Inc. immediately of any unauthorized use of access information including your license or activation keys, or your account information or any other known or suspected breach of security; (ii) report to e-BizSoft, Inc. immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another e-BizSoft, Inc. or Payment Processor user or provide false identity information to gain access to or use the Software.

4. Account Information And Data

e-BizSoft, Inc. does not own any data, information, or material that you submit or process through the Software while using it (“Customer Data”). You, not e-BizSoft, Inc., shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and e-BizSoft, Inc. shall not be responsible or liable for the availability, access, deletion, correction, destruction, damage, loss, or failure to store any Customer Data.

e-BizSoft, Inc. makes no commitments, warranties, or guarantees about the content, format, layout, completeness, or fitness for the use of Customer Data for a specific purpose. e-BizSoft, Inc. is not liable for the outcomes, performance, or consequences, direct or indirect, resulting from the usage of the Software by you, including data created, modified, stored, or transmitted through your usage of the Software, regardless of the ownership of such data. e-BizSoft, Inc. reserves the right to withhold, remove, and/or discard Customer Data without notice of any breach, including, without limitation, your non-payment for the use of Software. Upon termination of cause, your right to access or use Customer Data immediately ceases, and e-BizSoft, Inc. shall have no obligation to maintain or forward any Customer Data.

5. Intellectual Property Ownership

The Software, including all intellectual property rights therein, is and shall remain the exclusive property of e-BizSoft, Inc. or its licensors. e-BizSoft, Inc. reserves all rights not expressly granted to you herein. The Software is distributed under [Insert name of open-source license(s)], and your use of the Software is subject to the terms and conditions of such open-source license(s). You acknowledge and agree to comply with all obligations and requirements imposed by the applicable open-source license(s). You may, from time to time, provide suggestions, feedback, or other input regarding the Software (“Feedback”). e-BizSoft, Inc. may freely use, copy, modify, publish, or otherwise exploit Feedback for any purpose without any obligation or compensation to you.

This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software, the e-BizSoft, Inc. Technology or any Intellectual Property Rights owned by e-BizSoft, Inc. The “e-BizSoft”, “e-BizSoft, Inc.”, and “ePaymentConnector” names, the e-BizSoft, Inc. and ePaymentConnector logos, and all the product names associated with the Software are trademarks of e-BizSoft, Inc. or their respective holders. The “Global Payments” name and logo are the trademarks of Payment Processor. Other names or graphical representations therein are the trademarks of their respective third parties. No rights or licenses are granted to use them.

The Software may include third-party components, including but not limited to Payment Processor, which are subject to separate license and intellectual property ownership terms. Your use of such third-party components is governed by the terms and conditions of the respective licenses applicable to those components.

Except for the limited license expressly granted herein, no other rights or licenses are granted by implication, estoppel, or otherwise. e-BizSoft, Inc. reserves all rights not expressly granted herein. This clause clarifies ownership rights, addresses user contributions, acknowledges the open-source nature of the software, handles feedback, and deals with third-party components.

6. Third Party Interactions

During use of the Software, you understand that you will correspond with, or use Payment Processor’s systems and network through your use of the Software. e-BizSoft, Inc. and its licensors shall have no liability, obligation, or responsibility for any such correspondence, usage, or transaction processing, through your usage of Payment Processor. e-BizSoft, Inc. does not endorse any third-party sites on the Internet that are linked through the Software. e-BizSoft, Inc. provides these links to you only as a matter of convenience or utility, and in no event shall e-BizSoft, Inc. or its licensors be responsible for any content, products, or other materials on or available from such sites. e-BizSoft, Inc. provides the Software to you pursuant to the terms and conditions of this Agreement.

You recognize that certain third-party providers of ancillary software, hardware or services may require your agreement to an additional or different license or other terms prior to your use of or access to such software, hardware, or services. You recognize and agree that Payment Processor may require your agreement to an additional or different license or other terms than set forth by e-BizSoft, Inc. You recognize that your decision or ability not to accept agreements with certain third-party providers of ancillary software, hardware, or services, or with Payment Processor, may limit or prevent your usage of the Software in whole or in part.

You recognize and agree that e-BizSoft, Inc. does not warrant and is not responsible for the performance or fitness for usage of the Software because of any interfaces, agreements, functionality, or fitness for usage, of third-party providers or Payment Processor.

The Software installs or integrates with and connects to selective, supported third-party accounting applications (hereunder referred to as “TPAA”). You recognize that e-BizSoft, Inc. may make the Software available to you to license and download via the TPAA vendor or distributor’s website platform or marketplace (hereunder referred to as “Application Store”). You may opt to license the Software through the Application Store to use with your respective TPAA if that TPAA is supported by the Software.

The Software may read data from and write data back to the TPAA. This data may include authorization for access to the Software, TPAA system information, financial accounting data, and transaction data. Data from your TPAA may be transmitted through the usage of Software to Payment Processor. You further acknowledge and understand that a TPAA may require you to grant access permissions or authorizations to entities, companies, company files, users, or your customer account with the third party or the Payment Processor, so that the Software can integrate and transfer data between your TPAA and the Payment Processor. You agree to grant such permissions and authorizations to allow you to use the Software with your TPAA and Payment Processor.

You acknowledge that licensing of the Software and User licenses therein by e-BizSoft, Inc. is solely for the usage of the Software, and does not constitute or grant you licenses or usage rights with any third-party vendors or service providers or their products, including TPAA. You acknowledge that it is your responsibility and liability to arrange and manage your agreements, licensing, and usage of any TPAA, including your account with the vendor or service provider of TPAA, user licenses, pricing, functionality, and access.

e-BizSoft, Inc.’s billable charges to you for the use of the Software do not include charges, fees, or taxes due to any third parties including but not limited to the vendor of TPAA, Application Store, or Payment Processor. Any charges billable by third parties, Application Store, or Payment Processor for the usage of their platforms, applications, or services must be settled between you and them.

7. Beta Versions

e-BizSoft, Inc. continuously improves and strives to make the Software better. e-BizSoft, Inc. will introduce new features, improvements, and enhancements to the Software. e-BizSoft, Inc. may provide access to customers to use these new features, improvements, and enhancements, in whole or in part, in a test mode (“Beta Version”) to improve their quality and fitness for use. e-BizSoft, Inc. reserves the right to determine at its sole discretion how and to whom to extend Beta Version software to, the duration for which Beta Version software are offered, and the associated policies and terms for the billing charges for use of Beta Version software.

You will be notified or made aware when you are accessing or using Beta Version software. e-BizSoft, Inc. reserves the right to modify, suspend, terminate, or make Beta Version software unavailable in whole or in part as part of the Software at any time without any prior notification. You understand and agree that you may be required to provide feedback regarding your experience or interactions when using Beta Version software. You also understand that e-BizSoft, Inc., reserves the right to collect and analyze data related to your usage of Beta Version software for fixing, tuning, or improving Beta Version software. e-BizSoft, Inc.’s policy of making Customer Data available to you does not apply in the case of Beta Version software.

You acknowledge that Beta Version software made available by e-BizSoft, Inc. as part of the Software, may be untested or incomplete, in whole or in part, and as such e-BizSoft, Inc. makes no commitments, warranties or guarantees about the fitness for use of Beta Version software for any specific purpose or outcome, nor that Beta Version software shall be free of defects or issues. e-BizSoft, Inc. is not obligated or liable to provide any information regarding the status or condition of Beta Version software. You understand and agree that you use Beta Version software solely at your own risk and e-BizSoft, Inc. has no liability or obligation for the impacts of your use of Beta Version software, nor any liability or obligation for any remedy therein.

8. Charges And Payment Of Fees

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide e-BizSoft, Inc. with a valid payment method or approved purchase order information as a condition to activating and using the Software. You acknowledge that e-BizSoft, Inc. may store your payment method and payment information for billing purposes for your usage of the Software.

9. Billing And Renewal

e-BizSoft, Inc. charges and collects in advance for use of the Software, when applicable. e-BizSoft, Inc. will automatically renew and bill your payment method or issue an invoice to you based on the applicable renewal period or as otherwise mutually agreed upon. e-BizSoft, Inc. may notify you in advance of your upcoming renewal of Software. Fees for other applicable services provided by e-BizSoft, Inc. will be charged as quoted. You agree and accept that invoices issued to you and payments collected from you by e-BizSoft, Inc. apply solely to e-BizSoft, Inc.’s Software and do not cover any other software or services provided by other providers, including but not limited to Payment Processor, TPAA, or any other third parties.

You agree to provide e-BizSoft, Inc. with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, e-BizSoft, Inc. reserves the right to terminate your access to the Software in addition to any other legal remedies.

Unless e-BizSoft, Inc. in its discretion determines otherwise: (i) entities with headquarters and a majority of users resident in the United States will be billed in U.S. dollars and subject to U.S. payment terms and pricing schemes (“U.S. Customers”); and (ii) all other entities will be billed in U.S. dollars, Euros or applicable local currencies and be subject to either U.S. or non-U.S. payment terms and pricing schemes at the discretion of e-BizSoft, Inc. (“Non-U.S. Customers”).

If you believe your bill is incorrect, you must contact us in writing within 30 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

You are responsible for all renewal charges and associated billing by any third parties and / or Payment Processor. e-BizSoft, Inc. is not liable for nor will not intermediate between you and any third parties and / or Payment Processor for their renewal charges and billing.

10. Refunds

You agree and accept that e-BizSoft Inc.’s charges and payments collected from you for the use of the Software are non-refundable for the applicable period of use. You are responsible for reviewing the refund policy of services provided by other providers, including but not limited to Payment Processor, TPAA, or any other third parties. Refunds for payment transactions processed within your TPAA through the usage of Software are subject to the policy of the vendor of your TPAA and / or the refund processing policy of Payment Processor. e-BizSoft, Inc. is not responsible for processing nor facilitating the processing of refunds of payments processed in your TPAA through the use of the Software.

You must contact the vendor of your TPAA or Payment Processor to investigate or resolve all payment transactions issues conducted using the Software when it is used inside or in conjunction with your TPAA.

11. Non-Payment And Suspension

In addition to any other rights granted to e-BizSoft, Inc. herein, e-BizSoft, Inc. reserves the right to suspend or terminate this Agreement and your access to the Software if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. If you or e-BizSoft, Inc. initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that e-BizSoft, Inc. may charge such unpaid fees to your payment method or otherwise bill you for such unpaid fees.

12. Termination For Cause

Any breach of your payment obligations or unauthorized use of the e-BizSoft, Inc. Technology or Software will be deemed a material breach of this Agreement. e-BizSoft, Inc., in its sole discretion, may terminate your access, password, account, or use of the Software if you breach or otherwise fail to comply with this Agreement. You acknowledge that e-BizSoft, Inc. may, at its sole discretion, terminate your access, password, account, or deny or terminate your use of the Software if your usage of the Software is found to be in violation or contravention of any applicable local, state, national and foreign laws, treaties, and regulations. In addition, e-BizSoft, Inc. may terminate a free usage account at any time at its sole discretion. You agree and acknowledge that e-BizSoft, Inc. has no obligation to retain the Customer Data and may delete such Customer Data if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

13. Representations & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. e-BizSoft, Inc. represents and warrants that it will provide the Software in a manner consistent with general industry standards applicable to the provision thereof and that the Software will perform substantially in accordance with the online e-BizSoft, Inc. help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Software and that your billing information is correct.

14. Mutual Indemnification

You shall indemnify and hold e-BizSoft, Inc., its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that e-BizSoft, Inc. (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release e-BizSoft, Inc. of all liability and such settlement does not affect e-BizSoft, Inc.’s business or Software); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.

e-BizSoft, Inc. shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that the Software directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by e-BizSoft, Inc. of its representations or warranties; or (iii) a claim arising from breach of this Agreement by e-BizSoft, Inc.; provided that you (a) promptly give written notice of the claim to e-BizSoft, Inc.; (b) give e-BizSoft, Inc. sole control of the defense and settlement of the claim (provided that e-BizSoft, Inc. may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to e-BizSoft, Inc. all available information and assistance; and (d) have not compromised or settled such claim. e-BizSoft, Inc. shall have no indemnification obligation, and you shall indemnify e-BizSoft, Inc. pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Software with any of your products, service, and hardware or business process.

15. Disclaimer Of Warranties

e-BizSoft, Inc. And its licensors make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy, fitness for purpose, or completeness of the Software. e-BizSoft, Inc. And its licensors do not represent or warrant that (a) the use of the Software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) the Software will meet your requirements or expectations, (c) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your requirements or expectations, (d) errors or defects will be corrected, or (e) the Software or the underlying server(s) that make the Software available are free of viruses or other harmful components. The Software and all content are provided to you strictly on an “as is” basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby refused to the maximum extent permitted by applicable law by e-BizSoft, Inc. And its licensors.

16. Internet Delays

You recognize and accept that Software is not hosted by e-BizSoft, Inc. Software is installed and used in your TPAA environment or another hosted environment where Software is installed and used. The underlying payment processing services are provided by Payment Processor through its network and servers. The performance of Software and related performance may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. e-BizSoft, Inc. Is not responsible for any delays, delivery failures, or other damage resulting from such problems.

17. Limitation Of Liability

In no event shall either party’s aggregate liability exceeds the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with the Software, including but not limited to the use or inability to use the Software, purpose, or intent of use of the Software, or for any content obtained from or through the Software, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party’s licensors have been previously advised of the possibility of such damages.

18. Additional Rights

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

19. Local Laws And Export Control

The Software enables services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this Software (“User”) acknowledges and agrees that the Software shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or reexport as may be required.

The Software may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000

e-BizSoft, Inc. and its licensors make no representation that the Software is appropriate or available for use in other locations. If you use the Software from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including, without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States, Swiss, or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired using the Software, is or will be used for nuclear activities, chemical or biological weapons, or missile projects unless specifically authorized by the United States government or appropriate European body for such purposes.

20. Notice

e-BizSoft, Inc. may give notice by means of a general notice on the Software, electronic mail to your email address on record in e-BizSoft, Inc.’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in e-BizSoft, Inc.’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to e-BizSoft, Inc. (such notice shall be deemed given when received by e-BizSoft, Inc.) at any time by any of the following: letter sent by confirmed facsimile to e-BizSoft, Inc. at the following fax numbers (whichever is appropriate): +1 (954) 272-0500; letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail to e-BizSoft, Inc. at the following addresses (whichever is appropriate): e-BizSoft, Inc., 12525 Orange Drive, Suite 711, Davie, Florida 33330. In either case, addressed to the attention of: Chief Financial Officer.

21. Modification To Terms

e-BizSoft, Inc. reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software at any time, effective upon posting of an updated version of this Agreement on the Software. You are responsible for regularly reviewing this Agreement. Continued use of the Software after any such changes shall constitute your consent to such changes.

22. Assignment; Change In Control

This Agreement may not be assigned by you without the prior written approval of e-BizSoft, Inc. but may be assigned without your consent by e-BizSoft, Inc. to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of e-BizSoft, Inc. directly or indirectly owning or controlling 50% or more of you shall entitle e-BizSoft, Inc. to terminate this Agreement for cause immediately upon written notice.

23. General

With respect to U.S. Customers, this Agreement shall be governed by Florida law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Software shall be subject to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida. With respect to Non-U.S. Customers, this Agreement shall be governed by the laws of Switzerland, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Software shall be subject to the exclusive jurisdiction of the courts of Switzerland. Unless otherwise provided by e-BizSoft, Inc. in its discretion. No text or information set forth on any other purchase order, preprinted form, or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and e-BizSoft, Inc. as a result of this agreement or use of the Software. The failure of e-BizSoft, Inc. to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by e-BizSoft, Inc. in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and e-BizSoft, Inc. and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

24. Definitions

As used in this Agreement and in any Order Forms now or hereafter associated herewith:

“Agreement” means these online terms of use, any Order Forms, whether written or submitted online via the Online Order Center, and any materials available on the e-BizSoft, Inc. website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by e-BizSoft, Inc. from time to time in its sole discretion; “Content” means the audio and visual information, documents, software, products, and services contained or made available to you in the course of using the Software; “Customer Data” means any data, information or material provided or submitted by you to the Software in the course of using the Software; “Effective Date” means the earlier of either the date this Agreement is accepted by selecting the “I AGREE” option presented on the screen after this Agreement is displayed or the date you begin using the Software; “Initial Term” means the initial period during which you are obligated to pay for the Software equal to the billing frequency selected by you during the subscription process (e.g., if the billing frequency is quarterly, the Initial Term is the first quarter); “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; “License Administrator(s)” means those Users designated by you who are authorized to purchase licenses online using the Online Order Center or by executing written Order Forms and to create User accounts and otherwise administer your use of the Software; “License Term(s)” means the period(s) during which a specified number of Users are licensed to use the Software pursuant to the Order Form(s); “Order Form(s)” means the form evidencing the initial subscription for the Software and any subsequent order forms submitted online or in written form, specifying, among other things, the number of licenses and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); “Online Order Center” means e-BizSoft, Inc.’s online application that allows the License Administrator designated by you to, among other things, add additional Users to the Software; “e-BizSoft, Inc.” means collectively e-BizSoft, Inc., a Florida corporation, having its principal place of business at 12525 Orange Drive, Suite 711, Davie, FL 33330; “e-BizSoft, Inc. Technology” means all of e-BizSoft, Inc.’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs, and other tangible or intangible technical material or information) made available to you by e-BizSoft, Inc. in providing the Software; “Software(s)” means the specific edition of e-BizSoft, Inc.’s online customer relationship management, billing, data analysis, or other corporate ERP services identified during the ordering process, developed, operated, and maintained by e-BizSoft, Inc., accessible via http://www.e-BizSoft.com. or another designated web site or IP address, or ancillary online or offline products and services provided to you by e-BizSoft, Inc., to which you are being granted access under this Agreement, including the e-BizSoft Technology and the Content; “Third party accounting application” means an accounting application, enterprise resource planning (ERP) application or business application offered by a third-party vendor or service provider other than e-BizSoft, Inc.; “User(s)” means your employees, representatives, consultants, contractors, or agents who are authorized to use the Software and have been supplied user identifications and passwords by you (or by e-BizSoft, Inc. at your request); “User Slab” means a rate applicable to a specific user count tier that you license, so that you have the number of users in that tier available regardless of your actual usage.

QUESTIONS OR ADDITIONAL INFORMATION:

If you have questions regarding this Agreement or would like to obtain additional information, please send an e-mail to info@epaymentconnector.com or call +1 (954) 272-0500.