Additional terms and provisions applicable to the Mighty Services are set forth below:
1. Definitions. Capitalized terms defined in the Mighty Terms of Service Agreement (“Terms”)and used but not defined in this Addendum shall have the meanings assigned in the Terms.
2. Use of Platforms. You shall use the Platforms (and no other platform, service or method) in order to (i) share with other Persons the status of cases in which You have an interest, and (ii) request documents from repeat lienholders. Without limiting the foregoing, You will upload to the Platforms (i) all of the liens in which You have an interest, not later than September 11, 2020, and (ii) each lien in which you acquire an interest from time to time, promptly after you acquire an interest in such a lien.
3. Subscription. Unless otherwise provided in the applicable order form, the Mighty Services are to be accessed on an annual subscription basis (each such serviceterm a “Subscription”). The term of Your Subscription commences as of the Effective Date and continues until the Subscription expires or has been terminated as provided below (“Initial Subscription Term”). Except as otherwise specified in an order form, a Subscription will automatically renew for additional periods equal to the expiring Initial Subscription Term or one year (whichever is shorter) (each such period, a “Renewal Term”), unless You give Us, or We give You, notice of non-renewal (“Cancellation Notice”) at least thirty (30) days before the end of the relevant term. Notwithstanding anything to the contrary in this Addendum or the Terms, if You fail to deliver a timely Cancellation Notice, You shall remain obligated to pay Us any fees due through the remainder of the Renewal Term.
4. Fees. Fees for the Mighty Services may be specified in the applicable order form(s) or may be agreed upon via email between You and Us. Except as otherwise agreed between You and Us, your Subscription for any Renewal Term will be billed at the price in effect at the time of the applicable Renewal Term. Notwithstanding the foregoing, the pricing of the Mighty Services may change at any time after the date that is one (1) year from the Effective Date.
If You fail to pay for the Mighty Services, Your account may be frozen and inaccessible until payment is made. Your payment obligations are non-cancelable and fees paid to Us are non-refundable. You will provide Us with valid and updated billing information, or with a valid purchase order or alternative document reasonably acceptable to Us. You authorize Us to charge Your bank account or credit card for the Mighty Services. Fees may be charged in advance or in arrears, either monthly or in accordance with any different frequency agreed upon by Us. Amounts charged in advance will be fully earned upon receipt by Mighty. Any credits that We may provide to You will expire after the earlier of (i) one year after such credits are provided and (ii) the first usage of such credits to pay for Mighty Services. You are responsible for providing Us with complete and accurate bank account, credit card account and contact information and notifying Us of any changes to such information. Information regarding charges for Your account will be made available to You upon written request. If You disagree with any charges for the Mighty Services, You must notify Us not later than thirty (30) days after the end of the calendar month in which the related Mighty Services were used;failure to give Us such a notice of disagreement shall mean that You have agreed that all such charges are correct.
5. Taxes. Our fees do not include any taxes, levies, duties or similar governmental charges or assessments of any nature, including, for example, value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases or use of the Mighty Services. If We have the legal obligation to pay or collect Taxes for which You are responsible, We will charge You, and You will pay, such Taxes unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against Us based on Our income, property and employees.
6. Functionality. Your obligations to pay fees to Mighty are not contingent on maintenance of any particular current, or delivery of any future, functionality or features, andare not dependent on any oral or written public comments made by Us regarding functionality or features.
7. Termination. If We terminate the Terms for a material default by You or You terminate the Terms for other than a material default byUs, then in either such event You shall remain obligated to pay Us any fees You may have agreed to pay through the remainder of the Subscription term. If We terminate the Terms for other than a material default by You or You terminate the Terms for a material default by Us, then and in either such event You shall be excused from paying Us the fees due for the remainder of the Subscription term. In no event will termination of the Terms relieve You of Your obligation to pay fees payable to Us for the period up to the effective date of termination.