TERMS OF PURCHASE

Last Updated: January 1, 2025

AGREEMENT BETWEEN USER AND OWNYOURCRM.IO

These Terms of Service ("Agreement") constitute a legally binding contract between Own Your Inc., a Florida corporation ("Company," "we," "us," or "our") and you, the user ("User," "you," or "your") with respect to your access to and use of the https://ownyourcrm.io website and all associated services, software, and documentation (collectively, the "Service"). By accessing, registering for, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions contained in this Agreement.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST DISCONTINUE USE IMMEDIATELY.

1. ELIGIBILITY AND ACCOUNT CREATION

1.1. To use the Service, you must be at least 18 years of age and possess the legal authority to enter into this Agreement.

1.2. You may be required to register with the Service to access certain features. You agree to keep your password confidential and will be responsible for all use of your account and password.

1.3. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

2. LICENSE GRANT AND RESTRICTIONS

2.1. Limited License. Subject to your strict compliance with this Agreement and timely payment of all applicable fees, the Company grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Service, including the software and its source code, solely for your internal business purposes. This license does not convey any ownership rights to the Service or its source code.

2.2. Source Code Access. The Company provides you with access to the full source code of the software solely for the purpose of installation, configuration, and customization for your internal business operations.

2.3. Restrictions. You shall not, and shall not permit any third party to:

a. Resell, redistribute, sublicense, rent, lease, lend, time-share, or otherwise transfer the Service or source code to any third party;

b. Repackage, rebrand, modify, or create derivative works based upon the Service for commercial purposes or distribution to third parties;

c. Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) from the Service or its documentation;

d. Use the Service in any manner that violates applicable laws or regulations;

e. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Service, except to the extent expressly permitted by applicable law;

f. Use the Service to develop a competing product or service;

g. Use the Service in a manner that exceeds reasonable usage limits or constitutes excessive or abusive usage;

h. Use any high volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access the Service or any other accounts, systems or data;

i. Transmit viruses, malware, or other harmful code through the Service; or

j. Attempt to gain unauthorized access to the Service or its related systems or networks.

2.4. Breach of Restrictions. ANY BREACH OF THE RESTRICTIONS SET FORTH IN SECTION 2.3 SHALL CONSTITUTE A MATERIAL BREACH OF THIS AGREEMENT AND SHALL RESULT IN AUTOMATIC TERMINATION OF THE LICENSE GRANTED HEREIN. IN ADDITION TO ALL OTHER REMEDIES AVAILABLE AT LAW OR IN EQUITY, USER SHALL BE LIABLE TO THE COMPANY FOR LIQUIDATED DAMAGES IN THE AMOUNT OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) PER OCCURRENCE, WHICH THE PARTIES AGREE REPRESENTS A REASONABLE ESTIMATE OF THE DAMAGES THAT WOULD BE INCURRED BY THE COMPANY IN THE EVENT OF SUCH BREACH.

3. FEES AND PAYMENT

3.1. You agree to pay all fees specified in the order form or as otherwise agreed between you and the Company.

3.2. No Refunds. ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. The Company does not provide refunds or credits for any partial subscription periods, unused services, or for any reason whatsoever, including but not limited to dissatisfaction with the Service, technical issues, business closure, or change in business needs.

3.3. Price Changes. The Company reserves the right to change its prices at any time. If the Company changes the fees for your Service, it will provide notice of the change on the website or by email, at the Company's option, at least 30 days before the change is to take effect.

3.4. Taxes. You are responsible for paying all taxes associated with your purchase of the Service, excluding taxes based on the Company's net income.

4. INTELLECTUAL PROPERTY RIGHTS

4.1. The Service, including its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company.

4.3. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

5. USER RESPONSIBILITIES AND REPRESENTATIONS

5.1. You represent and warrant that:

a. You have the legal right and authority to enter into this Agreement;

b. Your use of the Service will not violate any applicable law, regulation, or third-party right;

c. Any information you provide to the Company is true, accurate, current, and complete;

d. You will maintain the security of your account and be fully responsible for all activities that occur under your account; and

e. You will promptly notify the Company of any unauthorized use of your account or any other breach of security.

5.2. You are solely responsible for obtaining and maintaining all computer hardware, software, and communications equipment needed to access the Service, and for paying all charges related to the same.

6. COMPANY RESPONSIBILITIES

6.1. The Company will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for:

a. Planned downtime (of which the Company will give advance notice); and

b. Any unavailability caused by circumstances beyond the Company's reasonable control, including but not limited to acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet service provider failures or delays, or denial of service attacks.

6.2. The Company will maintain reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of User data.

7. TERM AND TERMINATION

7.1. This Agreement will remain in full force and effect while you use the Service or maintain an account.

7.2. The Company may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Agreement.

7.3. Upon termination, your right to use the Service will immediately cease, and you must destroy all copies of the software and its source code in your possession.

7.4. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. DISCLAIMERS

8.1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

8.2. THE COMPANY MAKES NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

8.3. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

9. LIMITATION OF LIABILITY

9.1. IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

9.2. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

10. INDEMNIFICATION

10.1. You agree to defend, indemnify, and hold harmless the Company and its licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, any use of the Service's content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.

11. GOVERNING LAW AND JURISDICTION

11.1. These Terms of Service and your use of the Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

11.2. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Vero Beach and County of Indian River. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11.3. In the event of any dispute between you and the Company arising out of or relating to these Terms of Service or the Service, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and expenses from the non-prevailing party.

12. ARBITRATION

12.1. At the Company's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Service or the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

13. WAIVER AND SEVERABILITY

13.1. No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

13.2. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

14. ENTIRE AGREEMENT

14.1. The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.

15. MODIFICATIONS TO THE SERVICE AND TERMS

15.1. The Company reserves the right, at its sole discretion, to modify, discontinue or terminate the Service or to modify the Terms of Service at any time and without prior notice. If we modify the Terms of Service, we will post the modification on the Service or provide you with notice of the modification. By continuing to access or use the Service after we have posted a modification on the Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Service.

16. CONTACT INFORMATION

16.1. Questions about the Terms of Service should be sent to us at dev@ownyourcrm.io.

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.