Effective Date: 03/15/2024

These Terms of Service ("Terms") govern your use of Paddle CRM ("the Platform"), operated by Levine’s Enterprises LLC dba Paddle CRM ("Company," "we," "us," or "our"). By accessing, browsing, or using the Platform, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, do not use the Platform.

1. Eligibility and Acceptance of Terms

1.1 Eligibility: You must be at least 18 years of age or the age of majority in your jurisdiction to use the Platform. By accessing or using the Platform, you represent and warrant that you have the legal capacity to enter into these Terms and to abide by all of the terms and conditions stated herein.

1.2 Acceptance: Your continued use of the Platform constitutes your acceptance of these Terms. If you disagree with any part of these Terms, you must stop using the Platform immediately.

2. Use of the Platform

2.1 Permitted Use: Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal or business use.

2.2 Prohibited Conduct: You agree not to:

- Use the Platform in any manner that violates any applicable law or regulation;

- Interfere with or disrupt the Platform or any servers or networks connected to it;

- Introduce any viruses, worms, or other harmful code;

- Attempt to gain unauthorized access to any portion of the Platform or related systems;

- Use the Platform to send spam, phishing attempts, or other unsolicited communications;

- Reverse engineer, decompile, or disassemble any aspect of the Platform.

3. Account Management

3.1 Account Creation: You must provide accurate and complete information when creating your account. Failure to do so may result in suspension or termination of your account.

3.2 Account Security: You are responsible for maintaining the confidentiality of your login credentials and all activities that occur under your account.

3.3 Account Transfers: Accounts and associated data are non-transferable. Requests to transfer accounts to another party, including other agencies, will not be honored.

3.4 Account Termination: We reserve the right to terminate your account for violation of these Terms or non-payment of fees. Upon termination, your data may be retained at our discretion but for no less than 30 days.

4. Billing and Payments

4.1 Subscription Fees: Subscription fees are billed on a monthly or annual basis, as selected by you, and will automatically renew at the end of each billing cycle unless you cancel your subscription in accordance with Section 3.4. By subscribing to a paid plan, you authorize us to automatically charge your selected payment method at the start of each billing cycle. Fees are non-refundable except as required by law.

4.2 Pricing Changes: We reserve the right to modify subscription pricing at any time, with or without prior notice. Your continued use of the Platform after a pricing update becomes effective constitutes your agreement to the new pricing.

4.3 Late Payments: Failure to pay fees on time may result in suspension or termination of your account. A late fee of 2.5% per month may be applied to overdue balances.

4.4 Chargebacks and Disputed Payments: If you dispute a charge with your payment provider, you agree to pay a $150 dispute fee for each disputed charge. This fee covers administrative costs associated with resolving disputes.

4.5 Pricing Changes: We reserve the right to adjust subscription fees without notice. Continued use of the Platform constitutes your acceptance of any updated fees.

5. Intellectual Property

5.1 Ownership: All content, features, and functionality on the Platform—including but not limited to text, graphics, logos, images, and software—are owned by us or our licensors and are protected by intellectual property laws.

5.2 Restrictions: You may not copy, reproduce, distribute, display, create derivative works from, or otherwise exploit any part of the Platform without our prior written consent.

6. User Content

6.1 User Submissions: By submitting content to the Platform, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, distribute, and display such content for any purpose related to the Platform or our business.

6.2 Representations and Warranties: You represent and warrant that you have all necessary rights to grant the foregoing license and that your content does not violate any third-party rights or applicable law.

7. Privacy

Your use of the Platform is subject to our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand how we collect, use, and share your information.

8. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US (IF ANY) FOR ACCESSING THE PLATFORM.

10. Indemnification

You agree to indemnify, defend, and hold us and our affiliates, officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms or your use of the Platform.

11. Governing Law and Dispute Resolution

11.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

11.2 Arbitration: Any disputes arising under these Terms will be resolved through binding arbitration in Delaware. Each party is responsible for its own arbitration fees, except that the prevailing party may recover reasonable attorneys’ fees and costs.

12. Modifications to Terms

We may update these Terms at any time by posting an updated version on the Platform. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance of the updated Terms.

13. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Platform, constitute the entire agreement between you and us regarding the Platform and supersede all prior agreements and understandings.

14. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Levine’s Enterprises LLC dba Paddle CRM

8 The Grn STE A

Dover, DE 19901

(475) 302-2048

[email protected]