This Agreement is made between Virtual Software Company LLC ("Provider"), a company incorporated under the laws of Pakistan, with its registered office at Office #11, 4th Floor, Trade Center, G.T. Road, Gujranwala, Punjab 52250, Pakistan, and the business owner or entity signing up for Vimsify Go ("Customer"). By signing up for Vimsify Go at vimsifygo.com/register, clicking “Sign Up,” or using the Services, the Customer agrees to be bound by the terms and conditions outlined herein. This Agreement is effective as of the date of signup (“Effective Date”).

1. Introduction and Definitions

1.1 Parties: This Agreement is between the Provider and the Customer, collectively referred to as the “Parties.”

1.2 Definitions:

• “Services” refers to the cloud-based business management software provided by Vimsify Go, including all related documentation, support, updates, and features specific to the Customer’s chosen subscription plan, as detailed on the Vimsify Go website.
• “Software” refers to the Vimsify Go platform and its components, including but not limited to POS systems, inventory management, financial reporting, and AI-driven insights.
• “Customer Data” means all data, content, and information uploaded, provided, or generated by the Customer or its Users through the Services.
• “User” means any individual authorized by the Customer to use the Services under the Customer’s subscription plan.
• “Subscription Plan” refers to the specific tier of Services (e.g., Mini, Starter, Growth, Scale) selected by the Customer, as detailed on the Vimsify Go website, which defines the scope of features and usage limits.
• “Subscription Term” means the period for which the Customer has subscribed to the Services, as specified in the payment terms.

2. Scope of Services

2.1 Provision of Services: The Provider agrees to provide the Customer with access to the Services corresponding to the Customer’s chosen Subscription Plan, which may include, but is not limited to:

• Real-time inventory tracking with low stock and expiry alerts.
• Sales and POS management with customizable templates.
• Customer loyalty programs with points and discounts.
• Appointment booking with automated reminders.
• Project management for tasks and workflows.
• Financial reporting with automated journal entries.
• AI-driven insights for sales and inventory predictions.
• Multi-language support and multi-branch management.
• E-commerce integrations with platforms like Acha.pk.

2.2 Feature Allocation: Access to specific features is strictly limited to those included in the Customer’s Subscription Plan, as detailed on the Vimsify Go website at the time of signup or renewal. The Customer acknowledges that not all features listed in marketing materials, documentation, or the website are available in every Subscription Plan, and the Customer is responsible for reviewing the plan details prior to signup.

2.3 Plan-Specific Access: The Customer shall only have access to the features, usage limits (e.g., number of transactions, users, or branches), and support levels specified in their chosen Subscription Plan. Any attempt to access features or exceed usage limits beyond the plan’s scope is a violation of this Agreement and may result in suspension or termination of Services without notice or refund.

2.4 Modifications to Services: The Provider reserves the right to modify, suspend, or discontinue any part of the Services, including specific features, at its sole discretion, with or without notice, provided such changes do not materially affect the core functionality of the Customer’s Subscription Plan. The Provider shall not be liable for any damages or losses resulting from such modifications, including the removal of features not included in the Customer’s paid plan.

2.5 Beta Features: The Provider may offer beta versions of features or services, which are provided “as is” and may not be supported long-term. The Customer uses beta features at its own risk, and the Provider shall not be liable for any damages or losses arising from their use, including unavailability or removal.

2.6 Future Features: Any new features, updates, or integrations introduced by the Provider may be subject to additional fees or included in higher-tier Subscription Plans. The Customer acknowledges that they are not entitled to new features unless they upgrade to the appropriate plan, and the Provider shall not be liable for any claims related to the unavailability of such features.

3. Use of Services

3.1 License Grant: The Customer is granted a non-exclusive, non-transferable, revocable license to use the Services solely for its internal business operations, limited to the features and usage limits of the chosen Subscription Plan.

3.2 Prohibited Uses: The Customer shall not:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software.
• Modify, adapt, or create derivative works based on the Software or Services.
• Use the Services for any unlawful, fraudulent, or malicious purposes, including but not limited to sending spam, phishing, or malware.
• Share, sublicense, or transfer access to the Services to any third party without prior written consent from the Provider.
• Attempt to access features or exceed usage limits not included in their Subscription Plan.

3.3 Customer Responsibilities: The Customer is responsible for:

• Ensuring all Users comply with this Agreement.
• Reviewing the features and limitations of their chosen Subscription Plan prior to signup or renewal.
• Maintaining the confidentiality of login credentials and notifying the Provider immediately of any unauthorized access.
• Ensuring compliance with all applicable laws and regulations, including export control and data protection laws in Pakistan and the Customer’s jurisdiction.

3.4 Ecosystem Compliance: The Customer acknowledges that the Services may be used within the Vimsify Go ecosystem, interconnecting multiple businesses. The Customer agrees to comply with any additional ecosystem policies, as outlined on the Vimsify Go website, and shall not hold the Provider liable for issues arising from such interconnections.

3.5 Verification of Plan Details: The Customer acknowledges that it is solely responsible for verifying the features, usage limits, and pricing of their Subscription Plan prior to signup. The Provider shall not be liable for any claims arising from the Customer’s misunderstanding or failure to review plan details, including claims for access to features not included in the paid plan.

4. Payment Terms

4.1 Subscription Fees: The Customer shall pay the applicable subscription fees for their chosen Subscription Plan, as set forth on the Vimsify Go website or as agreed upon in writing. Fees are based on the plan selected and do not entitle the Customer to features or services beyond those specified in the plan.

4.2 Non-Refundable Fees: All subscription fees are non-refundable, regardless of the reason for termination, non-use, dissatisfaction, or unavailability of specific features. No refunds or credits shall be provided for any unused portion of the Subscription Term, including in cases of early termination, suspension, or discontinuation of Services.

4.3 Billing and Renewal: Subscription fees are billed monthly or annually, depending on the chosen plan, and are due in advance. The Provider may adjust subscription fees upon renewal, with notice to the Customer at least thirty (30) days prior to the renewal date. Failure to pay fees on time may result in suspension or termination of Services without notice, with no refund of prepaid fees.

4.4 Free Trial and Mini Plan: The Customer may be offered a free trial period or a free Mini plan, during which access to features is limited to those specified by the Provider. The trial period will automatically convert to a paid subscription unless canceled by the Customer at least twenty-four (24) hours before the trial ends. No refunds or credits shall be provided for trial or Mini plan usage, and the Provider may terminate access to free plans at any time without notice or liability.

4.5 Taxes and Fees: All payments must be made in the currency specified by the Provider, and the Customer is responsible for any applicable taxes, duties, or fees imposed by their jurisdiction. The Provider shall not be liable for any additional costs incurred by the Customer due to tax obligations.

4.6 Overdue Payments: Late payments may result in suspension of Services until payment is received, without affecting the Customer’s obligation to pay outstanding fees. The Provider shall not be liable for any losses or damages resulting from such suspension, including loss of access to features or data.

4.7 Feature-Specific Fees: Certain features or integrations may require additional fees or a higher-tier Subscription Plan. The Customer acknowledges that access to such features is not included in lower-tier plans, and the Provider shall not be liable for claims arising from the unavailability of such features.

5. Data Protection and Security

5.1 Security Measures: The Provider shall implement and maintain industry-standard technical and organizational measures to protect Customer Data from unauthorized access, use, disclosure, or alteration, in compliance with applicable laws, including the Prevention of Electronic Crimes Act 2016, the forthcoming Personal Data Protection Act 2023 of Pakistan, and, for international users, the General Data Protection Regulation (GDPR) and other relevant data protection laws.

5.2 Data Processing: The Provider shall process Customer Data only to provide the Services and fulfill its obligations under this Agreement, in accordance with the principles of lawfulness, fairness, and transparency.

5.3 Customer Responsibilities: The Customer warrants that it has obtained all necessary consents and permissions to provide Customer Data to the Provider, and shall indemnify the Provider against any claims arising from the Customer’s failure to obtain such consents.

5.4 Data Retention and Deletion: Upon termination of this Agreement, the Provider shall, at the Customer’s option, either return or delete all Customer Data within a reasonable period, provided that the Provider may retain Customer Data as required by law (e.g., data retention laws in Pakistan or the Customer’s jurisdiction). The Customer acknowledges that failure to retrieve data prior to termination may result in permanent loss, and the Provider shall not be liable for such loss.

5.5 Data Breach Notification: The Provider shall notify the Customer without undue delay in the event of a data breach affecting Customer Data, but shall not be liable for any damages or losses resulting from such breach, except in cases of the Provider’s gross negligence or willful misconduct.

5.6 Data Transfers: The Services may be hosted on servers located outside Pakistan, including in the United States, European Union, or other jurisdictions. The Customer consents to such data transfers, provided the Provider ensures compliance with applicable data protection laws in the destination jurisdiction.

5.7 Anonymized Data: The Provider may use aggregated, anonymized data derived from Customer Data for analytics, research, and product improvement, provided such data cannot identify the Customer or its Users. The Customer acknowledges that such use does not constitute a breach of confidentiality or data protection obligations.

5.8 No Liability for Data Loss: The Provider shall not be liable for any loss, corruption, or unauthorized access to Customer Data, regardless of the cause, including but not limited to cyber attacks, hacking, malware, system failures, human error, or any other event, unless directly caused by the Provider’s gross negligence or willful misconduct. The Customer is solely responsible for maintaining backups of its data and assumes all risks associated with data loss or corruption.

6. Intellectual Property

6.1 Provider’s Ownership: The Provider owns all intellectual property rights in the Software and Services, including but not limited to copyrights, trademarks, patents, trade secrets, and any future developments or updates. The Customer is granted a limited, non-exclusive, non-transferable, revocable license to use the Services as permitted under this Agreement and their Subscription Plan.

6.2 Customer Data: The Customer retains all rights, title, and interest in and to the Customer Data. By using the Services, the Customer grants the Provider a worldwide, non-exclusive, royalty-free license to access, use, process, and store Customer Data solely for the purpose of providing the Services and fulfilling its obligations under this Agreement.

6.3 Customer Warranties: The Customer represents and warrants that it has all necessary rights to grant such license and that the Customer Data does not infringe upon any third-party rights, including intellectual property rights. The Customer shall indemnify the Provider against any claims arising from such infringement.

6.4 Protection of Intellectual Property: The Customer shall not remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Software or Services, and shall not attempt to circumvent any technical measures implemented by the Provider to protect its intellectual property.

6.5 Enforcement: The Provider reserves the right to pursue legal action in any jurisdiction to protect its intellectual property, and the Customer agrees to cooperate fully in such actions, including providing evidence and testimony as required.

7. Liability and Warranties

7.1 “As Is” Provision: The Services are provided “as is” and “as available,” with no warranties or representations, express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, title, or availability of specific features.

7.2 Disclaimer of Warranties: The Provider expressly disclaims any warranty that the Services will meet the Customer’s requirements, include all features listed in marketing materials, or be uninterrupted, error-free, or secure. The Customer acknowledges that feature availability is limited to their Subscription Plan.

7.3 Limitation of Liability: The Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost data, business interruption, loss of goodwill, or loss of anticipated savings, arising out of or in connection with this Agreement, whether based on contract, tort, negligence, strict liability, or any other legal theory.

7.4 Liability Cap: The Provider’s total liability under this Agreement shall not exceed the total amount paid by the Customer for the Services in the twelve months preceding the event giving rise to the claim, regardless of the number or nature of claims.

7.5 No Liability for Feature Claims: The Provider shall not be liable for any claims arising from the Customer’s expectation or assumption that they are entitled to features not included in their Subscription Plan. The Customer acknowledges that it is their responsibility to verify the features included in their plan prior to signup or renewal.

7.6 No Liability for External Factors: The Customer acknowledges that the Provider does not guarantee uninterrupted or error-free access to the Services and is not responsible for any downtime, disruptions, or errors caused by factors beyond its control, including third-party services, Customer’s internet connectivity, or acts of third parties.

7.7 AI and Analytics: The Provider shall not be liable for any damages or losses arising from the use of AI-driven insights, predictions, or analytics, which are provided for informational purposes only, with no guarantee of accuracy or reliability.

8. Termination

8.1 Termination by Either Party: Either party may terminate this Agreement upon thirty (30) days’ written notice for any reason, without cause, and without refund of any prepaid fees, as all subscription fees are non-refundable.

8.2 Immediate Termination by Provider: The Provider may terminate or suspend this Agreement and the Customer’s access to the Services immediately, without notice or liability, under the following circumstances:

• The Customer breaches any material term of this Agreement, including but not limited to non-payment, violation of the Acceptable Use Policy, or unauthorized use of the Services.
• The Provider determines, in its sole discretion, that the Customer’s use of the Services poses a security threat, risks the integrity of the Provider’s systems, affects other users, or violates applicable laws.
• The Provider deems termination necessary to protect its business interests, intellectual property, or operational stability.
• The Customer attempts to access features or exceed usage limits not included in their Subscription Plan.

8.3 Effect of Termination: Upon termination, the Customer’s right to use the Services shall cease immediately, and the Provider shall have no obligation to maintain or provide any Customer Data, except as required by law. The Customer acknowledges that termination may result in the permanent loss of access to Customer Data, and the Provider shall not be liable for such loss, provided the Customer has been given a reasonable opportunity to retrieve its data prior to termination.

8.4 No Refunds: Upon termination by either party, for any reason, the Provider shall not refund any prepaid fees for the remaining Subscription Term, and the Customer shall remain liable for any outstanding fees. This includes terminations due to the Customer’s dissatisfaction, unavailability of specific features, or the Provider’s immediate termination under Clause 8.2.

8.5 Free Plans and Trials: The Provider reserves the right to terminate access to free trial accounts or the free Mini plan at any time, without notice or liability, and no refunds or credits shall be provided for such terminations.

8.6 No Liability for Termination: The Provider shall not be liable for any damages or losses resulting from termination, including but not limited to loss of data, business interruption, or loss of access to features, whether termination is with or without notice.

9. Indemnification

9.1 Customer Indemnification: The Customer shall indemnify, defend, and hold harmless the Provider, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection with:

• The Customer’s use of the Services in violation of this Agreement or applicable laws.
• Any Customer Data, including any infringement of third-party rights by such data.
• Any breach by the Customer of its representations, warranties, or obligations under this Agreement.
• Any claims by third parties arising from the Customer’s use of the Services, including but not limited to claims for data breaches, intellectual property infringement, unlawful activities, or disputes over feature availability.

9.2 Provider’s Rights: The Provider shall notify the Customer promptly of any claim for which it seeks indemnification and shall cooperate with the Customer in defending such claim, provided that the Provider retains sole control over the defense and settlement of the claim.

9.3 Survival of Indemnification: The Customer’s indemnification obligations shall survive termination of this Agreement and shall extend to any claims arising from the Customer’s use of the Services prior to termination.

10. Service Level Agreement (SLA)

10.1 Uptime Commitment: The Provider shall use commercially reasonable efforts to ensure that the Services are available 99.9% of the time, excluding scheduled maintenance periods, which shall be announced at least twenty-four (24) hours in advance.

10.2 Remedies for Downtime: In the event of any downtime exceeding the agreed SLA, the Provider may, at its sole discretion, offer credits or other remedies as detailed in the SLA document, available on the Vimsify Go website. Such credits shall not exceed the total amount paid by the Customer for the affected month, and no cash refunds shall be provided.

10.3 No Liability for Downtime: The Provider shall not be liable for any damages or losses resulting from downtime or service interruptions, including but not limited to lost profits, data loss, or business interruption, and the Customer acknowledges that the SLA is the sole remedy for service availability issues.

11. Acceptable Use Policy

11.1 Prohibited Activities: The Customer shall not use the Services for any unlawful, fraudulent, or malicious purposes, including but not limited to:

• Sending spam, phishing, or unsolicited communications.
• Engaging in activities that violate intellectual property rights, privacy rights, or other legal rights of third parties.
• Accessing or attempting to access features or exceed usage limits not included in their Subscription Plan.
• Uploading or transmitting viruses, malware, or other harmful code.
• Interfering with or disrupting the Services or servers.

11.2 Enforcement: The Provider reserves the right to suspend or terminate the Customer’s access to the Services immediately, without notice or refund, if it determines, in its sole discretion, that the Customer is in violation of this policy.

11.3 Legal Consequences: The Customer acknowledges that any violation of this policy may result in legal action, and the Provider shall not be liable for any damages or losses resulting from such actions.

12. Confidentiality

12.1 Confidential Information: Both parties shall keep confidential all non-public information disclosed by the other party in connection with this Agreement, including but not limited to business plans, pricing, technical data, and Customer Data, and shall not disclose such information to any third party without prior written consent, except as required by law.

12.2 Provider’s Disclosures: The Provider may disclose Customer Data to its employees, contractors, or service providers as necessary to provide the Services, provided such parties are bound by confidentiality obligations at least as restrictive as those in this Agreement.

12.3 Legal Disclosures: The Customer acknowledges that the Provider may be required to disclose confidential information in response to lawful requests from government authorities, and the Provider shall not be liable for such disclosures, provided it complies with applicable laws.

12.4 Survival: The confidentiality obligations shall survive termination of this Agreement for a period of five (5) years, except for trade secrets, which shall remain confidential indefinitely.

13. Audit Rights

13.1 Audit Scope: The Provider reserves the right to audit the Customer’s use of the Services to ensure compliance with this Agreement, including but not limited to verifying the number of Users, usage limits, feature access, and payment obligations. Such audits may be conducted upon reasonable notice, not less than ten (10) business days, and during normal business hours.

13.2 Customer Cooperation: The Customer shall cooperate fully with any such audit and provide access to relevant records, systems, and personnel. The Customer shall bear the costs of the audit if it is found to be in material breach of this Agreement.

13.3 Remote Audits: The Provider may conduct remote audits using automated tools, and the Customer agrees to provide necessary access and information for such audits.

14. Third-Party Services

14.1 Third-Party Integrations: The Services may integrate with third-party services, such as M&P, Acha.pk, or other e-commerce platforms. The Provider is not responsible for the performance, security, availability, or compliance of such third-party services. The Customer’s use of third-party services is at its own risk.

14.2 No Liability: The Provider shall not be liable for any damages or losses arising from the Customer’s use of third-party services, including data breaches, service interruptions, or non-compliance with applicable laws.

14.3 Third-Party Terms: The Customer acknowledges that third-party services may have their own terms of use and privacy policies, and the Customer agrees to comply with such terms when using integrated services.

15. Export Compliance

15.1 Compliance with Laws: The Customer shall comply with all applicable export laws and regulations of Pakistan and other relevant jurisdictions, including but not limited to the Export Control Act 2015 of Pakistan and U.S. export control laws, in its use of the Services.

15.2 Prohibited Exports: The Customer agrees not to export, re-export, or transfer the Services to any country, entity, or person prohibited by such laws, including but not limited to sanctioned countries or individuals.

15.3 Termination for Non-Compliance: The Provider reserves the right to suspend or terminate the Customer’s access to the Services immediately, without notice or refund, if it determines that the Customer is in violation of export control laws.

16. Force Majeure

16.1 Excused Performance: Neither party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, fires, floods, strikes, government actions, pandemics, or natural disasters.

16.2 Notification: The affected party shall notify the other party within five (5) business days of a force majeure event and shall use reasonable efforts to resume performance as soon as possible.

16.3 No Liability: The Provider shall not be liable for any downtime, service interruptions, or data loss resulting from force majeure events, and the Customer acknowledges that such events do not constitute a breach of this Agreement.

17. Modification of Agreement

17.1 Right to Modify: The Provider reserves the right to modify this Agreement at any time by posting the updated version on the Vimsify Go website. The Customer’s continued use of the Services after such modifications shall constitute acceptance of the updated Agreement.

17.2 Termination Option: If the Customer does not agree to the modifications, it may terminate this Agreement by providing written notice to the Provider within thirty (30) days of the modification notice. No refunds shall be provided for any prepaid fees upon termination due to modifications.

17.3 Notification of Changes: The Provider shall notify the Customer of material changes to this Agreement via email or through the Services at least thirty (30) days prior to the effective date of such changes.

18. Dispute Resolution

18.1 Arbitration: Any dispute arising out of or in connection with this Agreement, including disputes over feature availability or access, shall be resolved through binding arbitration in accordance with the Arbitration Act 1940 of Pakistan, with the seat of arbitration in Gujranwala, Pakistan, unless the Customer is located outside Pakistan, in which case the seat shall be determined by the Provider’s choice of jurisdiction, such as Delaware, United States.

18.2 Arbitration Process: The arbitration shall be conducted by a single arbitrator appointed by mutual agreement, and the decision of the arbitrator shall be final and binding. The arbitration shall be conducted in English, unless otherwise agreed by both parties.

18.3 Costs: The Customer agrees to bear all costs associated with arbitration, including arbitrator fees, legal fees, and other expenses, unless the arbitrator determines otherwise.

18.4 No Delay: The Customer acknowledges that any dispute resolution process shall not delay or prevent the Provider from taking immediate action to protect its rights, including suspending or terminating the Services without notice.

19. Notices

19.1 Delivery of Notices: All notices under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by registered mail, or emailed to the addresses provided by the parties.

19.2 Provider’s Contact: Notices to the Provider shall be sent to: Virtual Software Company LLC, Office #11, 4th Floor, Trade Center, G.T. Road, Gujranwala, Punjab 52250, Pakistan, or via email at support@vimsifygo.com.

19.3 Customer’s Contact: Notices to the Customer shall be sent to the email address or registered business address provided during signup, as updated by the Customer through the Services.

19.4 Email Notices: The Customer acknowledges that email notices are deemed received upon sending, regardless of whether the Customer actually receives or reads them, and agrees to maintain an up-to-date email address for notice purposes.

20. Survival

20.1 Surviving Clauses: The following clauses shall survive termination of this Agreement: Intellectual Property, Confidentiality, Indemnification, Limitation of Liability, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination.

20.2 Ongoing Obligations: The Customer’s obligations under these surviving clauses shall continue indefinitely, and the Provider shall not be liable for any claims arising from the Customer’s failure to comply with such obligations post-termination.

21. Miscellaneous

21.1 Entire Agreement: This Agreement, together with the Privacy Policy and SLA available on the Vimsify Go website, constitutes the entire agreement between the Parties and supersedes all prior agreements or understandings, whether written or oral, relating to the subject matter herein.

21.2 Amendments: Any amendment to this Agreement must be in writing and signed by both Parties, except as provided in Section 17 (Modification of Agreement).

21.3 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Pakistan, with the courts of Gujranwala, Pakistan, having exclusive jurisdiction, unless the Customer is located outside Pakistan, in which case the laws and courts of Delaware, United States, shall apply, at the Provider’s discretion.

21.4 Assignment: The Customer may not assign or transfer this Agreement, in whole or in part, without the prior written consent of the Provider, which may be withheld at the Provider’s sole discretion. Any attempted assignment without consent shall be void and shall constitute a material breach of this Agreement.

21.5 Provider’s Assignment: The Provider may assign or transfer this Agreement, in whole or in part, to any affiliate or successor entity without the Customer’s consent, and such assignment shall not affect the Customer’s obligations under this Agreement.

21.6 Severability: If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the original intent.

21.7 No Waiver: The Provider’s failure to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision.

21.8 Commercial Agreement: The Customer acknowledges that this Agreement is a commercial agreement entered into freely and voluntarily, and waives any right to claim unconscionability or unfairness in its enforcement.

21.9 Publicity: The Customer shall not use the Provider’s name, logo, or trademarks without prior written consent. The Provider may use the Customer’s name and logo in its marketing materials as a customer reference, subject to the Customer’s prior written consent.

22. Acknowledgment

22.1 Acceptance: By signing up for Vimsify Go, clicking “Sign Up,” or using the Services, the Customer acknowledges that it has read, understood, and agrees to be bound by this Agreement. The Customer further acknowledges that it is responsible for ensuring compliance with all applicable laws and regulations in its use of the Services, and that any failure to comply shall result in liability solely on the Customer.

22.2 Feature Responsibility: The Customer acknowledges that it is solely responsible for verifying the features and limitations of their chosen Subscription Plan prior to signup or renewal, and that the Provider is not liable for any claims arising from the Customer’s expectation of access to features not included in their plan.

22.3 Monitoring: The Customer acknowledges that the Provider may use automated tools to monitor usage and enforce this Agreement, including feature access and usage limits, and agrees to cooperate with such monitoring.

22.4 Risk Assumption: The Customer assumes all risks associated with the use of the Services, including but not limited to data loss, feature unavailability, and reliance on AI-driven insights, and agrees that the Provider shall not be liable for any resulting damages or losses.

Final Notes

Privacy Policy: The Provider’s Privacy Policy, available on the Vimsify Go website, is incorporated into this Agreement by reference and governs the collection, use, and disclosure of Customer Data.

Acceptance: By clicking “Sign Up” or using the Services, the Customer accepts this Agreement, and such acceptance constitutes a binding legal contract between the Parties.