Preflect Purchase Terms of Service

Last Updated: April 14, 2023

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

BY PROVIDING A PAYMENT METHOD TO PREFLECT, YOU CERTIFY THAT YOU HAVE READ AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. These Preflect Purchase Terms of Service form a legal agreement between Pricestack Inc., DBA Preflect ("Preflect", "we", "us", and "our") and the Customer ("you" and "your"). Capitalized terms used in these Terms that are not defined inline are defined in the Definitions below. These Terms are entered into as of the date on which the Customer Account was first created (“Effective Date”). In the event of any conflict between these Terms and the Preflect SaaS Services Agreement, the Preflect SaaS Services Agreement shall control and take precedence. The Payment Method will be regularly charged in accordance with the Preflect SaaS Services Agreement. All charges are FINAL and strictly NON-REFUNDABLE. You represent and warrant to Preflect: (i) that you own the Payment Method and are authorized to provide it to us; and (ii) that you reaffirm your agreement to the Preflect SaaS Services Agreement;‍ INDEMNITY. You agree to defend, indemnify, and hold harmless Preflect and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Preflect Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your provision of the Payment Method to Preflect; or (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim. GOVERNING LAW. These Terms will be governed by the laws of the State of Nevada without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Preflect agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Clark County, Nevada for the purpose of litigating all such disputes. CHANGES TO THESE TERMS. Preflect reserves the right to make modifications to these Terms at any time. Revised versions of these Terms will be posted to this web page. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted to this web page. If you do not agree with the revised Terms, your sole and exclusive remedy will be to discontinue usage of Preflect services. GENERAL. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. You may not assign or transfer these Terms or rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration. DEFINITIONS Payment Method: the debit/credit card(s), bank account(s), or any other financial sources or means of providing payment to Preflect, which you have provided or will provide to Preflect. Customer: the entity or sole proprietor on whose behalf a Preflect account has been created, and for which you are providing a Payment Method. Customer Account: the Preflect account that has been created for the Customer. Preflect SaaS Services Agreement: the contract titled "Preflect SaaS Services Agreement" that was signed during creation of the Customer Account, to which the Customer is legally bound. (To request an additional copy of your Preflect SaaS Services Agreement, please contact support@preflectads.com).