Software Agreement - The Flybook LLC - East Race Event Payment Software

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own risk and Provider shall have no liability to Customer with respect to such data, including its loss or unauthorized use or disclosure. 6.4 Anonvutized Data. Provider may, during and alter the term ofthis Agreement, (a) use and analyze the Customer Materials and Usage Data to generate Auonymized Data and (b) use, publish, and otherwise disclose Anonyntized Data without restriction, so long as the Auonymized Data is disclosed in a form in which it cannot be used to identil}y Customer or any particular individual(s), including Customer's travel guests, By way of example and without creating any limitation, Provider may analyze the Customer Materials along with data gathered from other sources to generate statistics and analytics about industry trends and the relative effectiveness of various types of marketing programs.. During and after the teen of this Agreement, Provider inay retain, use, and disclose Auonymized Data derived using the Customer Materials (but not the CustomerMaterials thetnsel,es). 6.5 Customer's Privacy Poli . Customer understands, agrees, and acknowledges that any Personal Data [bout Customer's actual or potential guests is being collected by or on behalf of Customer from individuals with whom Customer, rather than Provider, has an actual or prospective business relationship. Therefore, it is Customer's obligation, and not Provider's obligation, to provide any privacy notices or disclosures to, and obtain any consents from, travel guests and potential travel guests, as may be required by applicable lanes and regulations, with respect to Personal Data entered, collected, stored, or transmitted using the Platform. T Charges 8.1 Charaes. The Customer agrees to pay to the Provider the Charges set forth in Schedule 3 for use ofthe Platform. s.2 Taxes. All payments for the Charges to be made by the Customer to the Provider under this Agreement are exclusive of all taxes, and the Customer shall pay all total, state, and federal taxes, assessments, and charges (including without limitation sales and use taxes and any other applicable tax that now exists or that may arise in the future related to this Agreement) for the use of the Platform, excluding, however, any taxes based on the Providers income. If the Provider has the legal obligation to pay or collect taxes for which the Customer is responsible under this Section 8, the appropriate amount will be invoiced to and paid by the Customer. 8.3 Paynnent Due Date. Unless otherwise provided in Schedule 3 or elsewhere in this Agreement, the Customer's credit card shalt be charged automatically pursuant to the billing cycle set forth in Schedule I. The Custoliter will reimburse the Provider for all reasonable costs incurred (including without limitation reasonable attorneys' fees and costs) in collecting past -due amounts owed by the Customer to the Provider. Notrvithstandi€ng anything to the contrary in this Agreement, ifa charge to Customer's credit card is declined and the Customer does not provide an alternative form of payment within thirty (30) days of the date of the invoice, Customer's account will be considered delinquent, and the Provider shall have the right to suspend the Customer's access to and use of the Platform or terminate this Agreement, in the Provider's sole discretion, in addition to pursuing of the Provider's other rights or remedies. 8. Access Rights and Data About Platform Usage 9.1 Access Rialits. The Provider shall have the right to access the Customer's and any Authorized User's account from time to lime to respond to service or technical problems or to eusure compliance wilh the tenns and conditions ofthis Agree€vent. Suclt access will be reasonable in scope and duration and will not unreasonably interfere with the Customer's access or use ofthe Platform. HANDCPAFTEDJ OREGON 790 SW Industrial Way Suite 101, Bend, Oregon 97701 p. 855.909,2665 e. info @ theflybook,cotn