Welcome to the FieldX® agricultural data software platform and service (collectively, the “Service”) which is owned and operated by and on behalf of FieldX Inc. (“Company,” “us,” “our,” and “we”).
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 9.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE REVIEW THESE TERMS CAREFULLY
1. THE SERVICE; USE OF THE SERVICE
1.1. Platform. The Service is a platform, including certain proprietary online and mobile tools and applications, that enables users to collect, store, manage, share and use data relating to such user’s crops, agricultural resources, equipment and fields (“Ag Data”) using the Company’s software underlying the Service (the “Software”) to facilitate management of such Ag Data.
1.2. Network Access and Devices. You are responsible for maintaining and obtaining the computer, mobile device(s) and data network access necessary to use the Service. Your wireless carrier’s data and messaging rates and fees may apply if you access or use the Service from a wireless-enabled device. The Company does not guarantee that the Service, or any portion thereof, including without limitation the Software, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet, wireless and electronic communications.
2.1. Account Creation. In order to use the Service, you must register for an account (“Account”) and provide certain information about yourself or your company. You represent and warrant that (a) all required registration information you submit is truthful and accurate; (b) you will update from time to time and maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Service; provided, however, that you shall not be entitled to a refund of any subscription fees unless otherwise set forth in our Refund Policy. The Company may suspend or terminate your Account in accordance with Section 4.1 or 8.
2.2. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. INTELLECTUAL PROPERTY; SUBSCRIPTION TO THE SERVICE
3.1. Ownership. Excluding any Ag Data and other User Content (as defined below) that you may provide or that may be collected or processed in connection with your use of the Service, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service, including its content and the Software, are owned by the Company or the Company’s licensors. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited rights expressly set forth in these Terms. The Company and its licensors reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
3.2. Subscription. The Service is made available on a subscription basis in accordance with the particular subscription plan purchased by you (the “Subscription Plan”). Subject to these Terms, including payment of all applicable fees under your Subscription Plan (the “Subscription Fees”), Company will provide the Service for your use during the applicable subscription period under your Subscription Plan (the “Subscription Period”), and Company grants you a non-transferable, non-exclusive, revocable, limited license to download the downloadable Software underlying the Service solely for the purposes of accessing and using the Service as permitted herein and under your Subscription Plan. Your rights to use the Service are non-exclusive and non-transferable.
3.3. Use of the Service. You understand and agree that your employees, contractors and other personnel using the Service on your behalf (“Authorized Users”) may have different access and use rights as described in your Subscription Plan. Each Authorized User will use the Service only in accordance with the permissions for which they are authorized. You and each of your Authorized Users will use the Service in accordance with any other limits or guidelines applicable to the Subscription Plan that you have purchased. You are solely responsible for all use of the Service by your Authorized Users.
3.4. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or the Software or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service or Software; (c) you shall not access the Service in order to build a similar or competitive website, product, or service or to conduct benchmarking tests; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
3.5. Support; Modifications. The Company will provide reasonable technical and customer support to you via email, through the Service or by telephone as specified by the Company from time to time. Such support will be provided during the Company’s regular business hours. The Company will use commercially reasonable efforts to make the Service available on a 24/7/365 basis, subject to downtime for scheduled and emergency maintenance. The Company may from time to time modify the Service and Software and add, change, or delete features of the Service in its sole discretion, without notice to you. Your continued use of the Service after any such changes to the Service constitutes your acceptance of these changes. We will use commercially reasonable efforts to post information regarding material changes to the Service.
3.6. Feedback. If you provide the Company with any feedback or suggestions regarding the Service (“Feedback”), you hereby agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate without compensation or attribution to you. The Company will treat any Feedback you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
4. SUBSCRIPTION FEES.
4.1. Fees. You shall pay Company all applicable Subscription Fees for access to the Service in accordance with your Subscription Plan. Unless otherwise set forth in your Subscription Plan, Subscription Fees are based on purchase, and not actual usage, and payments are non-refundable and shall be made in United States dollars. If any payment is more than thirty (30) days overdue, we reserve the right to suspend your access and use of the Service until paid in full. We may change the fees and rates and payment terms for the Service on an annual basis upon at least thirty (30) days written notice, which notice may be given by posting the updated fees and rates on our website, on the Service, or by email. You shall be responsible for all applicable taxes, however designated, incurred in connection with this Agreement, including but not limited to state and local privilege, excise, sales, VAT, and use taxes and any taxes or amounts in lieu thereof paid or payable by us, but excluding taxes based upon our net income.
4.2. Payment. If you are paying by credit card or online payment process, you will provide accurate, complete and current credit card or other information. You hereby authorize us to charge such credit card or payment account for the Service in accordance with your Subscription Plan, including throughout the applicable Subscription Period including any renewals. If we have agreed to invoice you for the Service, You agree that all invoices are due and payable on a Net 30 basis.
5. USER CONTENT
5.1. User Content. “User Content” means any and all information and content that you or your Authorized Users submit to or use with the Service, including account registration information and Ag Data. You will retain ownership of your User Content. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (described below).
5.2. License. You hereby grant (and you represent and warrant that you have the right to grant) to the Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to copy, store, process, analyze, archive, display and use your User Content for the purposes of provision of the Service. We may compile and derive from your use of the Service certain non-personally identifiable and aggregated or analytical usage information, excluding your Ag Data, which we may use for our own purposes, including to provide customer and technical support for the Services, improve the Service or create new services or products to meet our customers’ needs. We will not use, compile, analyze or aggregate your Ag Data other than as necessary to provide the Service to you, and we will not aggregate or use your Ag Data with any Ag Data or other User Content of any other customer, without your express prior consent.
5.3. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Service in any manner that may or is intended to (i) violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) be, or may be deemed to be, unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s property or privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promoting racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) impersonate, “spoof” or otherwise misrepresent affiliation, connection or association with, any person, entity or another person or entity’s contact information, or (iv) violate any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system, an electronic device or data; (ii) send through the Service, or using information obtained through use of the Service, unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including other user’s Ag Data, without their express consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems, devices or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service.
5.4. Enforcement. We reserve the right (but have no obligation) to review any User Content or user of the Service, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such remedial action may include blocking, removing or modifying your User Content, suspending or terminating your Account, and/or reporting you to law enforcement authorities or regulatory agencies.
6. INDEMNIFICATION. You agree to indemnify and hold the Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of laws or regulations, (d) your Ag Data or (e) your User Content. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7. DISCLAIMERS; LIMITATION OF LIABILITY.
7.1. Disclaimer of Warranty. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE, AND, EXCEPT AS OTHERWISE INCLUDED IN YOUR SUBSCRIPTION PLAN, FOR MAINTAINING BACKUP COPIES OF YOUR AG DATA. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS STRICTLY A TOOL TO BE USED IN CONJUNCTION WITH GOOD AND REASONABLE BUSINESS JUDGMENT BY COMPETENT PERSONNEL. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR-FREE, OR THAT THE SERVICE WILL BE TOTALLY SECURE. COMPANY DOES NOT WARRANT THAT THE SERVICE OR ANY RESULTS GENERATED BY THE SERVICE WILL BE FIT FOR YOUR PURPOSES, BE COMPLETE OR ACCURATE, OR BE SUITABLE FOR YOUR NEEDS. TO THE EXTENT THAT DATA IS BEING TRANSMITTED OVER THE INTERNET HEREUNDER, YOU ACKNOWLEDGE THAT WE HAVE NO CONTROL OVER THE FUNCTIONING OF THE INTERNET, AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PERFORMANCE OF THE INTERNET. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICE OR ANY RESULTS GENERATED BY USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING AS A RESULT OF CUSTOMER USAGE IN THE TRADE OR BY COURSE OF DEALING. WE ARE NOT RESPONSIBLE FOR ANY DECISIONS MADE OR ACTIONS TAKEN OR NOT TAKEN BY YOU OR ANY OTHER PERSON IN RELIANCE ON THE DATA OR RESULTS OR YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7.2. Third Party Data. Certain product information in the FieldX chemical and variety picklist or other tools provided through the Service are derived from Crop Data Management Systems, Inc. (“CDMS”) and the CDMS database (the “CDMS Data”). The CDMS Data is provided “AS IS,” without warranty express or implied, and for information purposes only. Although CDMS endeavors to present current and accurate information, the CDMS Data contains information created and maintained by a variety of external sources that may not be current or complete. The Company and CDMS do not control, monitor or guarantee the timeliness or accuracy of the information provided by such external sources. Inclusion of any product CDMS Data does not constitute an endorsement of that product by the Company or CDMS. It is your responsibility to review all official manufacturer product label information, applicable regulations, and otherwise research the accuracy, completeness and usefulness of all information, claims and opinions contained in the CDMS Data or search results. In no event will the Company, CDMS or the CDMS data providers be responsible or liable directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information contained in the CDMS Data, including information that is outdated or incorrect. The CDMS Data is provided under a limited non-exclusive, revocable, nontransferable license, and may not be redistributed or used to develop a stand-alone database. Further, the CDMS Data may include materials covered by registered copyrights and trademarks. All rights not expressly granted herein are reserved by the intellectual property owners. In no event shall the liability of CDMS or its officers, directors and agents hereunder exceed $100 in the aggregate.
For clarification, if the Company uses any other third party data providers, the limitations and qualifications contained in this Section 7.2 shall apply to such third party data providers and data obtained from such providers.
7.3. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) IN NO EVENT IS THE COMPANY (OR OUR SERVICE PROVIDERS, DATA PROVIDERS OR LICENSORS) LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST SALES, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE AMOUNT YOU HAVE PAID TO US FOR USE OF THE SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH DAMAGES OR CAUSE OF ACTION. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU AGREE THAT OUR SERVICE PROVIDERS, DATA PROVIDERS AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS AND YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect for the applicable Subscription Period under your Subscription Plan. We may suspend or terminate your rights to use the Service (including your Account) at any time for any breach of these Terms including any failure to pay the applicable Subscription Fees or any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content, including Ag Data, associated with your Account from the Service. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content or Ag Data in connection with such termination. If we terminate or suspend your access to the Service for reasons other than your breach of this Agreement, we will make commercially reasonable efforts to provide you an opportunity to retrieve your Ag Data via the Service. Upon termination, we will have the right to retain User Content and Ag Data for 12 months after termination, unless the user requests deletion. Even after your rights under these Terms are terminated, the following provisions of these Terms will survive and remain in effect: Sections 3.1, 6, 7 and 9.
9.1. Changes. These Terms are subject to occasional revision. If we make any substantial changes to these Terms, we may notify you by sending you an e-mail to the last e-mail address or a text message to the last mobile number you provided to us (if any), and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current e-mail address and mobile number. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of notice to you (if applicable) and thirty (30) calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the revised or modified Terms.
9.2. Dispute Resolution. Please read this Section 9.2 (the “Arbitration Agreement”) carefully. It is part of your contract with the Company and affects your rights.
9.2.1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief and other matters to the extent provided below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved only by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings are to be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns of you and the Company, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
9.2.2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to FieldX Inc., PO Box 91176, Raleigh, NC 27675, Attn: David Krueger. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
9.2.3. Arbitration. You agree that any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, that cannot be resolved by good faith negotiations shall be finally settled by binding arbitration conducted in the English language in Raleigh, North Carolina (USA), under the commercial arbitration rules of the American Arbitration Association (“AAA”). The prevailing party shall be entitled to an award of reasonable attorney fees incurred in connection with the arbitration in such amount as may be determined by the arbitrator. The award of the arbitrator shall be the sole and exclusive remedy of the parties and shall be enforceable in any court of competent jurisdiction. Notwithstanding anything contained in this Section to the contrary, each party shall have the right to institute judicial proceedings against the other party or anyone acting by, through or under such other party, in order to enforce the instituting party’s rights in and to its intellectual property or confidential information through specific performance, injunction or similar equitable relief.
9.2.4. Time Limit. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim).
9.3. Export. The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from the Company, or any products utilizing such data in violation of the United States export laws or regulations.9.4. Electronic Communications. The communications between you and the Company use electronic means, whether you use the Service or send us emails, or whether the Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
9.5. Entire Terms; Miscellaneous. These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to the Company is not one founded on agency or partnership, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing is null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms is binding upon assignees. These Terms will be governed by the laws of the State of North Carolina
9.6. Copyright/Trademark Information. Copyright © 2018 FieldX Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which owns the particular Mark.
9.7. Party Device and Application Terms. If you are accessing the Service via an application developed for an Apple iOS, Android or other third party mobile device, then Apple, Inc. Google, Inc. or such other third party device application store or mobile device provider shall be deemed a third party beneficiary to these Terms. These third party beneficiaries are not parties to these Terms and are not responsible for the Service or its support in any manner or owe any obligations to you under these Terms. Your downloading of the application or access to the Service using these third party application stores or mobile devices is subject to such third party’s terms of service.
10. FREE TRIALS AND EVALUATIONS
If you have acquired a free trial or evaluation subscription for use of the Service (a “Trial Use”), the following terms shall apply in connection with your Trial Use, notwithstanding anything to the contrary herein: (i) your Trial Use will be limited to the Trial Period for which You subscribed; provided however, that we may terminate any Trial Use at any time, with or without prior notice; (ii) your Trial Use may include limitations on the use of the Service; (iii) unless you have purchased a full subscription prior to the end of the Trial Period, your account will automatically terminate at the end of the Trial Period. Trial Use may include beta or other features that may not yet be commercially available and in such case we make no assurances that such features will be included in the commercial version of the Service, or that such features will not be substantially modified. You understand and agree that notwithstanding anything in these Terms to the contrary, the Trial Use is provided “AS-IS” AND “AS-AVAILABLE”, without warranty of any kind, express or implied. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RESULTING FROM ANY TRIAL USE. Any data you enter into the Service by or for you during the Trial Use will be permanently deleted and lost unless you purchase a subscription to the same Service as that covered by the Trial Use before the end of the Trial Period.
11. Contact Information. If you have any questions regarding these Terms, please contact us at email@example.com or 919-926-7001.