This Software Services Agreement (the "Agreement") is made as of today, by and between Airstudio (Gaia Solutions) ("Provider") and Client Above.
Recitals:
WHEREAS, Provider offers a software platform and related services; and
WHEREAS, Client desires to obtain access to Provider’s Enterprise Package under a special pricing arrangement as outlined below;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows:
Services Provided
Provider shall grant Client access to the agreed Package of the software platform, including all Startup, Ala Carte and Addon and services, subject to the terms and conditions of this Agreement and Provider's Terms of Service and Privacy Agreement.
Payment Terms
Client agrees to begin paying invoices as billed following the conclusion of the agreed-upon Free Trial Period (as specified in the welcome email).
All payments will be invoiced by GotPhoto and are nonrefundable except as expressly provided in this agreement.
Rate Lock and Term
The payment rate for the agreed Package shall be locked in for a period of 12 months from the effective date of this Agreement.
Terms of Service and Privacy Statement
Client’s use of the software platform shall be governed by Provider’s Terms of Service and Privacy Statement, which can be found at [Terms of Service and Privacy Statement]. By digitally signing this Agreement, Client acknowledges and agrees to be bound by those terms.
Confidentiality and Data Security
Both parties agree to maintain the confidentiality of proprietary and sensitive information disclosed in connection with this Agreement. Provider shall implement reasonable security measures to protect Client data in accordance with industry standards.
Termination
a. Either party may terminate this Agreement upon 60 day written notice. No further payments will be due after termination.
b. Upon termination, Client’s access to the software platform shall be phased out as mutually agreed, and any outstanding payments shall become due.
Limitation of Liability
Provider's liability for any claims arising under this Agreement shall be limited to the total amount paid by Client under this Agreement. Provider shall not be liable for any indirect, incidental, or consequential damages.
Governing Law
This Agreement shall be governed by the laws of the State of Illinois, without regard to its conflict of laws rules.
Entire Agreement
This Agreement, including the Terms of Service and Privacy Statement referenced herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.
Amendments
This Agreement may only be amended by a written instrument signed by both parties.
Signatures
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above.
Provider:
Airstudio.io
2504 Green Bay Road
Evanston, Illinois 60201
Name: Scott Rodgers
Email: scott@airstudio.io / 847-542-0882
