USE OF OUR SERVICE IS SUBJECT TO THESE TERMS OF SERVICE (THE "AGREEMENT"). THIS IS A LEGAL AGREEMENT BETWEEN WEB SERVICES INC. ("OUR(S)", "US", "WE", "COMPANY", "SO", "SERVICE(S)" OR "SUBSCRIPTIONS ONLY") YOU ("YOU", "YOUR" OR "YOURSELF") AND YOUR CUSTOMER ("CUSTOMER(S)", OR "SUBSCRIBER(S)") WHICH GOVERNS THE USE OF OUR WEB-BASED SUBSCRIPTION MANAGEMENT PLATFORM. BY USING OUR SERVICE YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS DOCUMENT AND AGREE TO BE BOUND BY THIS AGREEMENT.

The term of this Agreement shall commence on the date you first register for, access or use SO, and shall continue until terminated as set forth below. You may terminate this Agreement at any time by notifying SO that you wish to terminate your account. SO may terminate this Agreement at any time, for any reason or no reason. Upon any termination of this Agreement, any amounts owed to SO which accrued prior to such termination will become immediately due and payable.

Following the termination, cancellation or expiration of this Agreement or your SO account, SO will retain a copy of your data for a period of thirty (30) days. You acknowledge and agree that (1) you are solely responsible for exporting a copy of your billing data prior to any such termination or expiration, and (2) if you require access to such data following any such termination or expiration, you may be required to pay SO to retrieve such data.

Non-Payment - If the credit card on file is declined, Services will be suspended but all subscriber transactions will continue as normal. We will attempt to charge the card on file for 30 days and access to the seller dashboard will require new payment information. If payment is not received within 30 days the account will be terminated.

Charge Backs - If a charge back occurs the account and all access will be immediately terminated.

Fraud & Abuse - If we suspect fraud or abuse all access will be suspended until we can speak with the account owner. If we cannot reach the account owner within 30 days the account will be terminated.

If you want to cancel/terminate Service, know that we DO NOT accept cancellations by phone or email. To cancel/terminate Service a support ticket is required, just sign in to the Seller Dashboard and create a cancellation support ticket.

You agree to pay for Services as outlined below.

Pricing & Fees
Our pricing and fees can be seen on our Service Plan Page. We may revise our fees upon 30 days prior notice. Our Premium and Enterprise Service Plans are free until going live. You will need to provide payment information prior to going live.

We offer "other services" including set up, integration and programming. All "other services" are considered one-time purchases.

We offer a 15% discount for Non-Profit Organizations, Military Members and their Families, as well as Students. Proof is required.

Payments
We accept Visa, MasterCard, Discover and American Express as payment for Services. Charges will appear on your credit card statement as WEB SERVICES INC. By signing up for SO you (1) acknowledge and agree that the prices, specifications, and conditions are satisfactory and are hereby acceptable to you; (2) that you have read, understand and accept these terms; (3) that you authorize us to charge your credit card.

All monthly Service Plan fees are pre-paid. Transaction and Revenue Fees are charged in arrears.

All sales are final and we do not provide refunds. Our refund policy extends to all Services we offer including but not limited to un-used portions of Service.

We do not provide payment receipts for Service Plans or revenue/transaction fees. The Seller Dashboard provides access to view and print all payment receipts.

Service Plan Upgrades/Downgrades
If you wish to upgrade/downgrade Service Plans your new plan cost will be adjusted and your card on file will be charged on your next renewal date.

Upgrades - Going from Premium to Enterprise is allowed in real time.

Downgrades - Going from Enterprise to Premium requires a review of the features you are actively using. A support ticket is required.

We provide support for both Sellers and Buyers. Our support boundaries are as follows.

Seller Support
Seller support is available at no charge by phone, support ticket, self serve documentation, and on-page tutorials. Support covers everything related to our platform. Paid support is available for anything that falls outside of our platform.

Buyer Support
Buyer support is available at no charge by phone. Support covers access and general questions regarding the Subscriber Self Service Portal. If buyers need help outside of this scope we refer them to the seller.

In order to use SO you must be eighteen (18) years of age. You must further possess the legal ability and right to enter into this Agreement and use our Services.

You are not permitted to use our Service in any unlawful way, or in any way which may interfere with our ability to provide our Service.

You are granted a non-exclusive right during the Term to use Subscriptions Only subject to the terms, conditions and restrictions set forth in this Agreement.

You are responsible for safeguarding sign in information that you use to access our Service and you agree not to disclose your password to any third party. You are responsible for any activity with your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.

Your right to use SO is subject to any limitations, conditions and restrictions established by us, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

SO keeps data for everything you or your customers do on our platform. This data belongs to you and by utilizing SO, you grant us a license to use this data for the purposes of providing our Service to you. SO uses commercially reasonable efforts to keep such information confidential and secure in accordance with general industry standards. SO is PCI compliant and agrees to comply with all applicable state and federal laws and regulations with regards to its use, access and storage of data on your behalf.

While we are very confident in our Service and it's security, we recognize that no system can guarantee data security with 100% certainty. For that reason, we will continue to make sure that our security measures, and vendors that we do business with, are state of the art and we'll investigate any and all reported security issues arising from the use of our Service.

The Services may continue to change over time. As we create new features or update existing ones, these new features and updates will automatically update within your account.

While we appreciate feedback you send us, be aware that we may use your feedback in communications.

The technologies we use to provide our Services, are protected by copyright, trademark, and other laws of both the United States and foreign countries. These terms do not grant you any rights to use our technologies, trademarks, logos, domain names, or other brand features.

We will make reasonable efforts to keep the Service operational 24/7/365, except for (1) planned downtime and (2) any unavailability caused by circumstances beyond our control.

Our Service is provided "AS IS", at your own risk, without express or implied warranty or condition of any kind. We disclaim an warranties of merchantability, fitness for a particular purpose or non-infringement.

We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of our Service.

To the fullest extent permitted by law, in no event will we, our affiliates, officers, employees, agents, suppliers or licensors be liable for (1) any direct, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not we have been warned of the possibility of such damages, and if a remedy fails of its essential purpose and (2) aggregate liability for all claims relating to the Service more than the greater of $49 or the amounts paid by you to us for the last 30 days.

If you choose to use any of the third party applications that are integrated with our Service (ie.. payment processors, email marketing providers, etc...), be aware that those applications utilize their own security protocols and have their own Terms of Service and Privacy Policies. If you are not comfortable with the privacy and security features of those applications, you should not use them.

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office web site at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the our Service and/or the our web site if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of Notice as described below, we will take whatever action, at our sole discretion, we deem appropriate, including removal of the challenged content from our web site and Service.

DMCA Notice of Alleged Infringement
A) Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this notice you may provide a representative list of the copyrighted works that you claim have been infringed.

B) Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.

C) Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

D) Include both of the following statements in the body of the Notice:

• I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
• I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.

E) Provide your full legal name and your physical signature.

Send all completed information to:

Legal Department
Web Services Inc.
P.O. Box 22682
Knoxville, TN 37933
admin@subscriptionsonly.com

Tennessee Law will govern these terms and the use of our Service. All claims arising out of or relating to our Terms of Service and other polices or our Service must be litigated exclusively in the Federal or State courts of Knox County, Tennessee, and both parties consent to venue and personal jurisdiction there.

These Terms of Service constitute the entire and exclusive agreement between you and us with respect to our Service, and supersede and replace any other agreements, terms and conditions applicable to our Service. Our terms create no third party beneficiary rights. If we fail to enforce a particular provision it does not represent a waiver of our right to do so later.

If a provision is found unenforceable the remaining provisions of our terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

You may not assign any of your rights in our terms, and any such attempt is void, but we may assign its rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with our Service.

We are not your legal partners or agents; instead, our relationship is that of independent contractors.

In compliance with the laws of the United States, we cooperate with law enforcement when we receive a valid legal request. This process may require us to provide the contents of your account. The best way to avoid this situation is to follow our Terms of Service and don't use your account for anything that may violate any laws.

You and SO both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Service, Terms of Service or Privacy Policy must be filed within NINETY (90) DAYS after such claim or cause of action arose or be forever barred.

We hereby reserve all rights not expressly granted in these terms.

You agree to defend, indemnify, and hold SO harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages asserted against SO, its officers and employees, that may arise or result from use of our Services.

Notwithstanding the above, your exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the greater of $49 or the amounts paid by you to us for the last 30 days.

From time to time we may revise our policies. The most current version will always be posted here.

At our sole discretion we may choose to notify you by email, if the revision warrants such action.

Please make sure to regularly check back and review our policies.

By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms.

This agreement was last modified on October 6, 2021.