
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING ACCCELARIX'S EZ MESSENGER PLATFORM OR SERVICES. BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT: YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. This Agreement (“Agreement”) is a legal contract between Accelarix, and the User. WHEREAS, Accelarix is engaged in the business of marketing and automation services; and WHEREAS, YOU desire to engage Accelarix to utilize the EZ Messenger platform for business enhancement; NOW, THEREFORE, the Parties agree as follows: SECTION 1: Membership and Program Fees 1.1. Programs: Under the terms of this Agreement, Accelarix agrees to provide access to the EZ Messenger platform, including features for contact scraping, direct messaging, and AI-driven prospect qualification (“Program(s)”), in exchange for a Program Fee. Your access to such Programs is conditional upon payment of the Program Fee. 1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the ONGOING Accelarix membership. 1.1.3. Termination: Accelarix may terminate this Agreement at any time in its discretion upon notice to YOU. Confidentiality obligations shall survive the termination of this Agreement. 1.2. Membership Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay Accelarix on an ongoing monthly basis for the EZ Messenger services. Cancellation of membership shall result in termination of access to the platform and services. 1.3. Promotional Material: By accepting the terms of this Agreement, YOU affirmatively agree that Accelarix may use any testimonials describing YOUR experience with EZ Messenger for promotional purposes. 1.4. Support Calls: Support calls may be recorded and used as training material, maintaining confidentiality of private information. 1.5. No Refunds: Accelarix abides by a strict, no refund policy for the EZ Messenger platform. SECTION 2: NO WARRANTIES 2.1. Success not Guaranteed: YOU take full responsibility for YOUR own success using the EZ Messenger platform. 2.2. Limited Liability: In no event will Accelarix be liable for any damages, including loss of profits or other pecuniary loss. SECTION 3: Confidentiality 3.1. Confidentiality: YOU shall maintain the confidentiality of all proprietary information related to the EZ Messenger platform and services. 3.2. Intellectual Property: YOU acknowledge that all content and services of EZ Messenger are the Intellectual Property of Accelarix. SECTION 4: Miscellaneous 4.1. Non-transferability: The rights under this Agreement are personal to YOU. 4.2. Indemnification: YOU will defend and indemnify Accelarix against any claims arising out of your use of EZ Messenger. 4.3. Integration: This Agreement represents the entire Agreement between YOU and Accelarix concerning EZ Messenger. 4.4. Amendment: Accelarix reserves the right to amend this Agreement from time to time. BY USING ACCELARIX'S EZ MESSENGER, YOU ACKNOWLEDGE AND AGREE TO ALL OF THE TERMS STATED IN THIS AGREEMENT.