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This Software as a Service Subscription Agreement ("Agreement") is entered into between Energym ("Company", "we", "us", or "our") and the subscriber ("Customer", "you", or "your"), effective as of the date of acceptance by clicking "I Agree" at the end of this document ("Effective Date").
The Company agrees to provide the Customer with access to a license of its Saas subscription software products (the "Service"), which is delivered via the internet on a subscription basis.
The initial term of your subscription will begin on the Effective Date and continue for the period selected during the subscription process ("Initial Term"). Unless one party notifies the other of its intent not to renew at least 30 days prior to the end of the current term, the subscription will automatically renew for successive periods equal in length to the Initial Term ("Renewal Term").
The Customer agrees to pay the subscription fees as listed at the time of subscription and any other charges incurred in connection with your use of the Service (collectively, "Fees"). All Fees are due in advance and are non-refundable, except as otherwise provided in this Agreement.
The Customer is granted a non-exclusive, non-transferable, limited right to access and use the Service for your internal business purposes. You agree not to use the Service for any unlawful or prohibited activities.
The Customer retains all rights to any data, information, or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not the Company, shall have sole responsibility for the accuracy, quality, and legality of Customer Data.
Each party agrees to keep confidential and not disclose to any third parties any confidential information received from the other party, except as required by law.
The Service is provided "as is" without any warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
To the fullest extent permitted by applicable law, in no event will the Company be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
Either party may terminate this Agreement upon notice if the other party materially breaches the Agreement and such breach remains uncured 30 days after receiving notice.
This Agreement shall be governed by the laws of England and Wales, without regard to its conflict of law provisions.
The Company reserves the right to amend this Agreement from time to time, with notice to the Customer. The waiver of any breach will not be deemed a waiver of any subsequent breach.
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, relating to its subject matter.
By subscribing to our services you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
Energym - www.energym.io