Data Services Agreement

1. Definitions

1. "Account Information" means information provided by Customer to create, support and maintain an account enabling access to the Service.
2. "Beta Services" means products, services, integrations, functionality or features that MoltSets may make available to Customer to try at Customer's discretion, which may be described as "alpha," "beta," "pilot," "limited release," "developer preview," "non-production," "early-stage", or other similar description. "Cookie Data" means any data that is collected by Company from Customer's website or web service through passive technologies such as cookies, pixels or SDKs.
3. "Output Data" means the Personal Information and other content or materials that are made available to Customer through the MoltSets Platform, including without limitation commercial "leads" Company provides. Output Data is exclusive of any Submitted Data (e.g., any Submitted Data that is appended to the Output Data).
4. "Order Form" means an ordering document, including an order receipt, related to Customer's ordering of the Service and specifying the details of Customer's subscription and any fees to be paid by Customer.
5. "Personal Information" includes any substantially similar terms to "personal information" such as and including "personal data" or "personally identifiable information" and as to each, shall have the meaning given to such terms under applicable law. It includes, without limitation, any information or identifier that is or can be associated with an individual, a browser, or a device.
6. "MoltSets Platform" means the software or other technology provided by Company to Customer under this Agreement.
7. "Service" means the Output Data, the Service Metadata, the MoltSets Platform, the Beta Services and any accompanying or related infrastructure, functionality, technology or analytics, including any services or add-ons described in an Order Form.
8. "Service Metadata" means information collected or inferred by Company in the course of delivering electronic messages (including without limitation information about deliverability and system operations) or otherwise providing the Service.
9. "Submitted Data" means information that Customer provide to Company regarding Customer's customers or prospective customers in order to facilitate the receipt of the Service, including Customer "CRM" information and any Personal Information contained in it. Submitted Data does not include Cookie Data, Output Data or Service Metadata.
10. "Third-Party Products" means products, services, websites, applications or other technology, and any related content, that Customer chooses to integrate with or use in connection with the Service. Third-Party Products are not owned or operated by Company.

2. Customer Account; Eligibility Restrictions; Beta Services; Third-Party Products

1. Account Information. Customer will need to set up an account in order to access the Service, including to receive Output Data. Customer must only provide Account Information that is Customer's own and that is accurate. Customer must also keep Customer's contact information up to date, so that Company may contact Customer if needed, such as to deliver any important notices.
2. Eligibility restrictions. Customer shall ensure that only Customer's employees or service providers, or the employees or service providers of Customer's wholly or majority owned subsidiaries who have been expressly authorized by Customer to use the Service in accordance with this Agreement, shall use or otherwise access the Service ("Authorized Users"). Customer may not use the Service if Customer or any of Customer's Authorized Users are a competitor of MoltSets (as determined by Company in its sole discretion). Customer shall ensure that all Authorized Users are at or above the age of majority in their jurisdiction. Customer must comply with any other eligibility restrictions on Authorized Users set forth in the Order Form and ensure that Customer's Authorized Users comply with this Agreement.
3. Account security. Company make no representations or promises regarding the security of the Service. Despite Company's security efforts, it is possible that unauthorized individuals will obtain Customer's information, such as through web-scraping tools (even though Company do not authorize and in fact prohibit that behavior). Customer agrees and understands that it will be liable for any activity that occurs through Customer account and further acknowledges and agrees that Customer and its Authorized Users:
   1. are solely responsible for maintaining the confidentiality and security of Customer's Account Information and account credentials such as its username and password.
   2. may not share Customer's account credentials and must restrict access to its computers and other devices.
   3. must access the Service and Company's network, systems, or applications only through encrypted connections.
   4. must maintain up-to-date OS (operating system) patching and active anti-malware on the end-user devices used to connect to the Service or Company's environment.
   5. must ensure that all terminated employees or other users have their access revoked to the Service within 24 hours of termination.
   6. must notify Company promptly (and in any event within 72 hours) of security incidents that could have implications to Company (e.g. users with compromised credentials or lost or stolen devices with access to the Service, compromised networks or systems including malware worm or ransomware, etc.).
   7. will reach out to Company's vulnerability discovery program at support@moltsets.com if Customer suspects any vulnerabilities with Company's Service.
4. Beta Services. From time to time, Company may offer Customer access to Beta Services, which are optional for Customer to use. The Beta Services are not made generally available and may contain bugs, errors, defects, or harmful components. Beta Services may be subject to additional terms which may supplement, but not supersede the terms of this Agreement. MoltSets may terminate access to Beta Services at any time without notice, and may discontinue Beta Services at any time in its sole discretion. Notwithstanding anything to the contrary contained herein, Beta Services are provided 'as is' without any commitments, indemnity or warranty by MoltSets of any kind and MoltSets shall have no liability whatsoever for any damage or harm arising from or related to Beta Services.
5. Third-Party Products. Customer may procure and use Third-Party Products in connection with the Service. Customer acknowledges and agrees that if it or its users view, access or otherwise interact with Third-Party Products, Customer or its users, as the case may be, do so at Customer's own risk and Company has no liability arising from such access or use. Customer (and its users, as applicable) are responsible for complying with all terms, conditions and policies imposed by a provider of a Third-Party Product. Company cannot guarantee the continued availability of integrations of Third-Party Products with the Service and may cease providing interoperation with a Third-Party Product without entitling Customer to any refund, credit, or other compensation. Providers of Third-Party Products shall not be considered Company's Subprocessors as defined in the MoltSets Data Protection Addendum, which applies solely as to data collected in the United States.

3. Account Types; Credits and Payment Terms

1. Subscriptions or customized service accounts. Company may provide the Service through paid accounts, such as by offering a monthly or annual subscription, or through customized provision of service and payment terms (as further set forth under an Order Form or separate agreement). If Customer wishes to enter into such an agreement, please contact Company at support@moltsets.com.
2. Paid and unpaid self-serve accounts. The Service may also be offered as a paid or unpaid account on a "self-serve" basis, in which case Customer will have the opportunity to click-through this Agreement and select the aspects of the Service Customer wants to use. Customer may not open multiple accounts for its use under a self-serve offering or otherwise take any actions which would allow Customer to circumvent the credit or rate limits which apply to self-serve offerings. Should Company discover Customer doing so, Company may in Company's sole discretion terminate Customer's account immediately, with no right to refund or reinstatement.
3. Fees. Customer agrees to pay Company the applicable fees set forth in an Order Form (whether agreed to on paper or digitally), based on the timetable set forth in the Order Form. Company may increase or otherwise change the fees at the end of any term set forth in an Order Form, in Company's sole discretion, by providing Customer with written notice (which may be by email or another conspicuous method).
4. Timeline of payment; disputes. Invoices for fees that are payable by ACH must be paid in full in accordance with the payment terms stated in the Order Form. Fees that are payable by credit card must be paid in full upon purchase of the Service. MoltSets retains the right to suspend Customer's access to the Service in the event of any late payments. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection (including reasonable attorney's fees). Customer must raise any disputes regarding fees within thirty (30) days from receipt of the first applicable invoice by providing a detailed written description of the basis of such dispute.
5. Taxes. Customer is responsible for all taxes (including without limitation sales and use taxes) associated with its use of the Service other than taxes based on Company's net income.
6. Subscription seats. Subscriptions are on a per-seat basis, and for a single "seat" or user, unless otherwise indicated in the Order Form. Company may permit Customer, in Company's sole discretion, to increase the number of seats licensed to Customer during a term. While Customer may increase the number of seats during a term, Customer may not decrease the number of seats during a term. Customer may not seat-share or time-share. Customer may only permit one license seat per Authorized User, at any given time.
7. Refunds and discounts. All payments by Customer are nonrefundable. Customer has no right to refunds or credits for partially used Service(s). However, at any time, and for any reason, Company may provide Customer with a refund, discount, or other consideration at Company's sole and absolute discretion. The provision of a refund, discount or other consideration in one instance does not entitle Customer to, or obligate Company to provide, a refund, discount or other consideration in the future.

4. Term; Renewal

Customer's subscription is for the initial service term as specified in the Order Form and shall be automatically renewed for additional periods of the same duration as the initial service term, unless either party requests non-renewal and/or cancels the subscription (i) at least thirty (30) days prior to the end of the then-current term for annual subscriptions or (ii) before Customer's next recurring billing date for monthly subscriptions. Subscriptions are non-cancelable during the term specified in the Order Form.

5. Ownership of the Service; Customer's License to Use the Service

1. Ownership. As between Customer and Company, all rights, title and interest in and to the Service and the Output Data are owned by Company. This Agreement does not grant Customer any ownership right, title or interest in any of the above. Customer therefore may not use the Service, including any Output Data, to create any derivative work, service or product, on Customer's own or on behalf of any other organization, and Customer may not resell or re-license the Output Data in any manner or form.
2. License to Customer. Subject to Customer's compliance with this Agreement and any Order Forms, Customer is granted a non-exclusive, revocable, non-assignable and non-sublicensable license, throughout the term of Customer's subscription to: (i) use the Service solely for Customer's personal and/or internal business purposes; and (ii) store, print or make a copy of Output Data solely for Customer's personal or internal business purposes.
3. License restrictions. Customer represents and warrants that it will comply with the following restrictions. Additional rules or policies may be displayed or put in place through the Service; those rules or policies are incorporated by reference into this Agreement.

6. License and Service Restrictions

1. Customer may not resell, distribute or otherwise disclose or make available the Service, including any functionally similar or equivalent version of the Output Data (the "Resale Restriction"). Customer may contact Company if Customer wishes to do the foregoing, in which case Company may, in Company's sole discretion, enter into a separate agreement with Customer permitting resale.
2. Customer may not access the Service, including any functionally similar or equivalent version of the Output Data, on behalf of any third-party entity or organization.
3. Customer may not transmit information to or through the Service that is fake or fictitious, impersonate any person or entity, or falsely state or otherwise misrepresent Customer's affiliation with a person or entity in connection with Customer's use of the Service.
4. Customer may not develop any service, product, toolset, dataset or derivative work from the Service, whether in aggregated or non-aggregated form, and whether in identified or de-identified form.
5. Customer may not reverse engineer, decompile or disassemble the Service (in whole or in part).
6. Customer may not access the Service or extract data from the Service in a way that exceeds Customer's authority from Company or violates this Agreement or other policies or restrictions Company has implemented.
7. Customer may obtain Output Data solely through the APIs and interfaces provided by Company. Customer shall not use any other manual or automated means (including "data scraping," crawlers or bots) in order to access or obtain the Service.
8. Customer may not leverage, consult with, use, review (in trial, free, or paid form) or rely upon the Service to develop or create a product or feature that is competitive with the Service (or any portion thereof).
9. Customer may not remove any proprietary notices or labels.

7. Additional Restrictions on Customer's Use of Output Data

Customer may not use the Service (including use of the Service to send email, mail, SMS, push notifications, fax, phone or other communications):

1. to advertise or promote any illegal service or product (or send any other communications) that are illegal in the place offered or consumed.
2. to advertise or promote tobacco or marijuana products, firearms, ammunition or other weapons, counterfeit or pirated goods or services, adult content or services (such as pornography or escort services), unlicensed gambling, investment schemes, astrology or psychic services, lotteries, credit repair services, payday loan services, or any type of hate speech.
3. to violate any securities or commodities regulations (such as to promote a "pump and dump" scheme).
4. in a manner that violates any applicable laws (including, without limitation any marketing or data privacy and security laws) or industry best practices. In particular Customer agrees not to use the Service in a manner that would violate the U.S. CAN-SPAM Act of 2003, the Canadian Anti-Spam Legislation (CASL), the U.S. TCPA, the Telemarketing Sales Rules or any similar such laws.
5. to defraud, deceive, mislead, discriminate against, harass, libel or defame any person, group or entity.
6. to promote any product or service that is in violation of any person's or entity's intellectual property rights.
7. to threaten, promote or commit violence or fraud, or to violate any person's or entity's rights.
8. for any purpose subject to the Fair Credit Reporting Act, including without limitation for the modeling of, or determination of, consumer credit worthiness, consumer credit approval, a consumer's eligibility for employment or insurance.

8. Additional Restrictions on Customer's Use of Email Services

Without limitation of any of the above restrictions, Customer may not use the Services for the following:

1. Sending emails from a group distribution email such as hello@ or marketing@, etc.
2. Failing to include appropriate opt-out mechanisms in commercial emails or failing to comply with applicable laws or best practices related to opt-outs or user choice and control principles.
3. Using a fictional identity, pseudonym or alias to send emails.
4. Sending emails that generate an unacceptable (as determined in Company's reasonable discretion) level of bounces, spam or complaints.
5. Transmitting material that contains or links to a virus, trojan horse, worms or any malicious or harmful software program.
6. Using Company's Service in conjunction with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited emails, text messages or phone calls.

In the event Customer becomes aware of or suspects a violation of these restrictions and policies, it shall notify Company at support@moltsets.com. Company will determine compliance with these restrictions at Company's sole discretion. In the event that Company confirms or reasonably suspects that Customer has failed to comply with this Agreement or have otherwise used the Service in an abusive or fraudulent manner, Company may immediately terminate Customer's access to the Service.

9. Company's Trademarks

The MoltSets names and logos are trademarks of Company, and may not be copied, imitated or used, in whole or in part, without Company's prior written permission.

10. Submitted Data and Cookie Data: Ownership, Licenses, and Designations Under Privacy Laws

1. The Submitted Data. As between Customer and Company all right, title and interest in and to Submitted Data, e.g., Customer's own CRM files, is owned by Customer. Customer grants Company a license to host, access, copy, use, transfer, and process the Submitted Data for the purpose of providing the Service and carrying out any of Customer's instructions related to the Service. As is further described in the MoltSets Data Protection Addendum, as to the Submitted Data, Company is a "processor" and Customer is a "controller." For purposes of California privacy laws (e.g., the CCPA), Customer is the "business" as to the Submitted Data, and Company is a "service provider."
2. The Cookie Data. As between Customer and Company, all right, title and interest in and to Cookie Data is owned by Customer. Customer grants Company a license to host, access, copy, use, transfer, and process the Cookie Data for the purpose of providing, developing and improving the Service, including for purpose of Company's own internal data linkage and validation. As is further described in the MoltSets Data Protection Addendum, Company and Customer are each an independent "controller" of the Cookie Data when Company process it, and each an independent "business" (or "third party") for purposes of California privacy laws (e.g., the CCPA). For purpose of complying with the CCPA (and similar laws), Customer may have an obligation to post "Your Privacy Choices" or similar disclosures and links on Customer's website.
3. Data Processing Addendum. As is further described in the MoltSets Data Protection Addendum, as to the Submitted Data, Company is a "processor" and Customer is a "controller." For purposes of California privacy laws (e.g., the CCPA), Customer is the "business" as to the Submitted Data, and Company is a "service provider."

11. Customer's Representations Regarding the Submitted Data and the Cookie Data

Customer represents and warrants that:

1. It has all necessary rights, permissions, and authority to provide and license the Submitted Data to Company for Company's use as described hereunder, and that doing so will not put Customer in violation of any contracts it has signed or any laws.
2. The Submitted Data is true, accurate, and of living persons and does not contain any sensitive Personal Information, including any information about individuals under the age of 18.
3. Providing the Submitted Data to Company does not violate the U.S. HIPAA law. Similarly, Customer agrees not to provide Company with Submitted Data consisting of a list of clients of an entity covered by the GLBA.
4. It will not deploy, or enable Company to deploy, any pixel on any website that is subject to HIPAA.

12. Consumer Consents and Permissions

Customer acknowledges and agrees that it is solely responsible and liable for its use of the Output Data and any communications made in connection with its use of the Output Data. Customer acknowledges that in some countries, U.S. states or other jurisdictions, it may be required to obtain consent, provide notice or complete some other action in order to lawfully conduct certain types of marketing activities or processing of Personal Information. Customer understands that Company has not provided any notices nor obtained any rights or consents on Customer's behalf.

13. Data Privacy and Security

1. Data Protection Addendum. The MoltSets Data Protection Addendum is hereby incorporated by reference into this Agreement. The parties shall comply with the terms of MoltSets Data Protection Addendum as it relates to all processing of Personal Information in connection with this Agreement.
2. Privacy Policy. Customer acknowledges the collection, use, disclosure and other handling of information, including Personal Information, described in Company's Privacy Policy, which Company may update from time to time.
3. Nature of Exchange. Company's Service contains certain elements related to targeted advertising (also known as "cross context behavioral advertising"), or other usage of Cookie Data by Company, as described in this Agreement. This in turn may amount to a "sale" of Personal Information under certain state statutes. Company may provide Customer with materials or recommendations regarding these requirements; Customer understands that these are purely advisory in nature and are neither legal advice nor a substitute for legal advice. Customer therefore should consult counsel regarding requirements Customer may have under any such applicable law.
4. Recommended Website Notice. Certain laws may require that Customer provide notice to, or obtains consent from a consumer in order to process their Personal Information in relation to the Service. Company recommends that Customer post a web banner or similar notice on any website from which Personal Information is collected for purposes of the Service, provided that such does not constitute and should not substitute for legal advice:
   When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or online profiles. We (or service providers on our behalf) may then send communications and marketing to these emails or profiles. You may opt out of receiving this advertising by visiting https://app.retention.com/optout.

14. Disclaimers

Customer's use of the service is at its own risk. The service (and all output data provided therein) are provided on an "as is" and "as available" basis. Company disclaims all warranties and representations, either express or implied, with respect to the service, including, without limitation, any warranties (1) of merchantability or fitness for a particular purpose, (2) of informational content or accuracy, (3) of non-infringement, (4) of performance, (5) of title, (6) that the service will operate in an error free, timely, secure, or uninterrupted manner, is current and up to date and accurately describes anything, or is free of viruses or other harmful components, (7) that any defects or errors in the service will be corrected, or (8) that the service is compatible with any particular hardware or software platform. Some jurisdictions limit or do not allow the disclaimer of implied warranties. In such states, these warranties will be disclaimed only to the fullest extent permitted by law.

15. Limitation of Liability

Apart from customer's indemnification obligations herein, neither party (nor its respective officers, directors, agents, employees, representatives, affiliates, parents, subsidiaries, sublicensees, successors and assigns, independent contractors, and related parties) shall be liable to the other party for any loss of profits, loss of use, loss of data, interruption of business, or any indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the service or with the delay or inability to use same, or for any breach of security, or for any content, products, and services obtained through or viewed on the service, or otherwise arising out of the use of same, whether based on contract, tort, strict liability, regulation, common law precedent or otherwise, even if the respective party has been advised of the possibility of damages and even if such damages result from a party's entity's negligence or gross negligence. In no event shall the company's aggregate liability for any claim under or relating to this agreement or the service exceed the total of the amount paid by customer to company during the 12 months prior to the date on which the claim arose.

16. Choice of Law and Forum

The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Texas (without regard to conflicts of laws principles). The parties hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Austin, Texas, for any action, suit or proceeding arising out of or relating to this Agreement and the transactions contemplated hereby.

17. Indemnification

1. Customer agrees to indemnify, defend and hold harmless Company, Company's affiliates, directors, officers, employees, contractors and agents, and Company's suppliers, licensors, and service providers from and against any actual or threatened loss, liability, claim, demand, damages, costs or expenses, including reasonable attorneys' fees and expenses (collectively, "Claims"), arising out of or in connection with: (1) Customer's use of the Service; (2) Customer's breach of this Agreement; (3) Customer's violation of any applicable law or rights held by any third party, including regarding website disclosures; or (4) the Submitted Data.
2. Company agrees to indemnify, defend and hold Customer, Customer's affiliates, directors, officers, employees, contractors and agents, harmless from and against any actual or threatened Claims arising out of or in connection with Company's grossly negligent or willful conduct.
3. Indemnification shall be contingent upon the indemnified party (a) promptly notifying indemnifying party of any Claim, (b) tendering defense of such Claim to Indemnifying party (including as to choice of counsel), and (c) reasonably cooperating in such defense.

18. Changes to the Service

Company may change the features and functionality of the Service at any time. This may include adding, modifying or removing any features or functionality of the Service or altering the amount of Output Data or other access Company provide. This Agreement will apply to any changed version of the Service. Company may also suspend or stop the Service altogether. In addition, Company may impose or alter fees for new or existing aspects of the Service, including updating Company's credit conversion policies at any time.

19. Confidentiality

1. Confidential Information. From time to time under this Agreement, either Party (the "Disclosing Party") may disclose or make available to the other party (the "Receiving Party"), non-public, proprietary, or confidential information of Disclosing Party that is clearly designated by Disclosing Party as confidential or which Receiving Party should reasonably understand Disclosing Party would expect to be treated as confidential (collectively "Confidential Information"); provided, however, that Confidential Information does not include any information that: (i) is or becomes lawfully and generally available to the public other than as a result of Receiving Party's breach of this section or any other duty or obligation of confidentiality owed to the other Party, (ii) is or becomes available to Receiving Party on a non-confidential basis from a third-party source, provided that such third-party is not and was not prohibited from disclosing such Confidential Information, (iii) was in Receiving Party's possession prior to Disclosing Party's disclosure hereunder as evidenced by its records, or (iv) was or is independently developed by Receiving Party without using any Confidential Information. Without limitation, the "Output Data" is MoltSets's Confidential Data.
2. Obligations. Receiving Party will: (i) protect and safeguard the confidentiality of Disclosing Party's Confidential Information with at least the same degree of care as Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care, (ii) not use Disclosing Party's Confidential Information for any purpose other than to exercise its rights or perform its obligations under this Agreement, and (iii) not disclose any such Confidential Information to any person or entity, except to Receiving Party's employees, agents, contractors, attorneys or representatives acting in the course of their obligations and rights hereunder.
3. Required Disclosure. If Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it will, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek a protective order or other remedy. Receiving Party must only disclose or furnish that portion of Confidential Information as such Receiving Party or the applicable Representative is legally obligated or compelled to so produce or disclose.
4. Return or Destruction. At the Disclosing Party's request, the Receiving Party will return or destroy any Confidential Information Receiving Party obtained from the Disclosing Party. However, nothing contained herein will be construed to prohibit Receiving Party from retaining electronic information maintained in compliance with its digital data policies and automated backup procedures, provided that such Confidential Information will remain subject to the confidentiality obligations set forth herein.
5. Remedies. In the event of a breach of this section, the Receiving Party understands and agrees that direct money damages may not be an adequate remedy and that the Disclosing Party may be entitled to seek specific performance and injunctive or other equitable relief. The Receiving Party further agrees to waive any requirement for the Disclosing Party to secure or post any bond in connection with such remedy.
6. Conflicting Obligations. The provisions of this section 19 supersede and replace in whole any previous confidentiality, non-disclosure, or similar agreement between the parties.

20. Equitable and Injunctive Relief

In the event of a breach of the restrictions on resale described in section 6, the parties agree that money damages may not be an adequate remedy. Accordingly, in the event of such breach, Customer agrees that Company will be entitled (without exclusion of other remedies herein, including monetary remedies) to seek specific performance and injunctive or other equitable relief as a remedy for any such breach, including disgorgement of profits. Customer further agrees to waive any requirement that MoltSets secure or post any bond in connection with such remedy. Customer further agrees that should Company prevail in a suit in which Company assert violation of section 6, Customer will pay Company's reasonable attorneys' fees and costs, including costs of investigation.

21. Miscellaneous

1. Entire Agreement. This is the entire agreement between Company and Customer regarding the Service as well as the Submitted Data. This Agreement supersedes and replaces any and all prior oral or written understandings or agreements between Company and Customer regarding such topics, provided that any modification in an Order Form shall govern and supersede any conflicting provision in this Agreement.
2. Company's Relationship With Customer. The relationship between Customer and Company is that of independent contractors, and nothing in this Agreement shall be construed to create or imply any other relationship (such as a partnership or an employer/employee or agency relationship).
3. Assignment. Company may assign this Agreement at Company's discretion. Customer may not assign, sublicense or transfer this Agreement (or Company's license grant to Customer herein) in whole or in part to anyone else.
4. Severability. If any provision of this Agreement is determined by a court to be invalid, illegal or unenforceable, that determination will not affect the validity or enforceability of the remaining provisions of this Agreement, and each provision shall be considered as separate, severable and distinct from each other.
5. Waiver. If Company (or Customer) don't enforce any part of this Agreement, it won't be considered a waiver. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.
6. Notice. Legal notices to Company (including but not limited to termination notices) must be sent to support@moltsets.com or 1401 Lavaca Street, Unit #298, Austin, TX 78701. Company will send legal notices to Customer via a method of Company's choosing that is reasonably intended to provide such notice to Customer, including without limitation via the Service or to the email or other address Customer has provided to Company.
   
   Survival. Sections 1 and 5–17 and 19–21 (to the extent applicable by their terms) and 22 (to the extent applicable by its terms).
7. Force Majeure. Company will not be deemed responsible or liable for any failure to perform or delay in performance under this Agreement where such delay or failure is beyond Company's control, including, without limitation, where caused by strikes or labor disputes, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, natural disasters including floods, earthquakes and hurricanes, acts by hackers or other malicious third parties and problems with the Internet generally.
8. Monitoring. Company, or its service providers, may monitor the Service for any legitimate business purpose, including to monitor compliance with this Agreement or evaluate how the Service is being accessed and used. Company will be the sole and final arbiter as to whether the Service is being misused or this Agreement are being violated. If Company believes Customer has violated this Agreement (or any law) Company may terminate Customer's account and access to the Service immediately and without notice.

22. Termination

1. Termination for cause. In addition to any other remedies it may have, either party may terminate this Agreement, effective immediately, if (A) the other party breaches this Agreement and fails to cure such breach within thirty (30) days of its receipt of a written notice identifying the breach in reasonable detail (or ten (10) days in the case of non-payment), or (B) subject to applicable law, upon the other party's liquidation, commencement of dissolution proceedings or assignment of substantially all of its assets for the benefit of creditors, or if the other party becomes the subject of bankruptcy or similar proceeding that is not dismissed within sixty (60) days. If the Agreement is terminated as a result of a material breach by Customer, then Customer shall pay in full all remaining fees payable through the remainder of any outstanding Order Form; or if Customer has prepaid any fees, then those fees are nonrefundable.
2. Termination for convenience. In addition to the right to terminate for cause, (a) for paid subscriptions, Company may terminate this Agreement for convenience by providing Customer at least thirty (30) days' prior written notice; and (b) for unpaid accounts only, either party may terminate this Agreement effective immediately, by providing the other party written notice. For paid subscriptions, Customer will pay in full for the Service up to and including the last day on which the Service is provided.