BlytzPay Terms & Conditions

Terms and Conditions

Effective Date: January 1, 2018.

BY USING SERVICES PROVIDED BY BLYTZ, LLC (“BLYTZ”) (EITHER BY SIGNING UP AS A REGISTERED USER OR USING BLYTZ TO MAKE A PAYMENT), YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH CONSTITUTE A LEGALLY ENFORCEABLE SOFTWARE AS A SERVICE (“SaaS”) AGREEMENT GOVERNING YOUR USE OF BLYTZ’s SOFTWARE ONLINE SERVICE (THE “SERVICE”).

  1. DEFINITIONS

As used in this Agreement:

“Agreement” means this Agreement and the associated checkbox on the sign-up screen, BLYTZ’s Privacy Policy on its website, any subsequent billing changes, whether written or submitted online via BLYTZ’s service, and any materials available on https://www.blytzpay.com specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by BLYTZ from time to time in its sole discretion pursuant to the provisions of this Agreement;

“Confidential Information” means any information, technical data, or know-how considered proprietary or confidential by either party to this Agreement including, but not limited to, any information you upload, create or post to the Service and any information provided by you to BLYTZ in connection with the Service, including, without limitation, information about your Users, Clients or Authorized Administrators, either party’s research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, customer information, personally identifiable information, pricing information, procedures, menu concepts, business and marketing plans or strategies, financial information, and business opportunities disclosed by either party before or after the Effective Date of this Agreement, either directly or indirectly in any form whatsoever, including in writing, orally, machine readable form or through access to either party’s premises.

“Data” means any personal or business data, credit data, biometric data, transaction data, system data, other data, information or material submitted to, utilized by, processed, or collected from customers or individuals in the course of using the Service;

“BLYTZ Technology” means all of the proprietary technology of BLYTZ (including software, hardware, products, business concepts, and processes, graphical user interfaces (GUI), techniques, designs and other tangible or intangible technical material or information) developed or utilized by BLYTZ in providing the Service;

“Service(s)” means the specific products and services offered, developed, operated, and maintained by BLYTZ, to which you are being granted access under this Agreement;

“User(s)” means any individual or entity utilizing BLYTZ’s Services, including you and any employee, representative, consultant, contractor or agent acting on behalf of the same.

  1. GRANT OF RIGHTS; TERM AND RESTRICTIONS

2.1. Grant of Rights. Subject to your compliance with the terms and conditions of this Agreement, BLYTZ hereby grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Service solely for your own internal business purposes.

2.2. Eligibility. For an individual to utilize the Services, you must be a resident of the

United States or one of its territories and at least 18 years old, or the age of majority in your state of residence. For a business to utilize the Services, the business must be organized in, operating in, or resident of, the United States or one of its territories.

2.3. 2.3 Restrictions.

You shall not, and shall not attempt to, directly or indirectly:

(i) License, grant, sell, resell, transfer, assign, distribute, or otherwise

commercially exploit or make available to any third party the Service or any part of its content in any way; (ii) Use the Service to submit, store, transmit or process malicious code,

worms or viruses; (iii) Use the Service to submit, store, transmit or process Data that is or may

be:(a) threatening, harassing, degrading, hateful or intimidating; (b) libelous or defamatory; (c) fraudulent, tortious or unlawful; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) infringing of any person’s rights, any applicable laws or obligations to any third party; (iv) Use the Service to submit, store, transmit, process, or otherwise disclose

Data in in a manner that would violate state or federal privacy laws, or in a way that would give rise to criminal or civil liability or that encourages unlawful activity; (v) Gain unauthorized access to the Service or to the systems or networks of

BLYTZ or its customers; (vi) Except as otherwise expressly permitted by this Agreement, reproduce,

duplicate, copy, sell, resell, rent, sublicense, transfer, lease, make available or exploit the Service (or any part of the Service), use of the Service, or access to the Service; (vii) Interfere with or disrupt the integrity or performance of the Service or

Data contained therein; (viii) Modify, alter, tamper with, repair, or create derivative works of the

Service;

(ix) Reverse engineer, disassemble, or decompile the Service or apply any other process or procedure to derive the source code of any software included in the Service; (x) Access the Service in order to (a) build a competitive product or service,

(b) build a product or service using ideas, features, functions, or graphics similar to those of the Service, or (c) copy any ideas, features, functions, or graphics of the Service; or (xi) Remove any copyright, trademark or other proprietary rights notice from

the Service.

  1. THE SERVICE

3.1. Use of the Service. BLYTZ will provide you with use of the Service, including

access via a user interface and the ability to process payments, encrypt, transmit, and access payment information and Data.

3.2. Availability of the Service. BLYTZ makes no guarantees as to the continuous

availability of the Service or of any specific features of the Service. BLYTZ may change or discontinue the Service or change or remove any features or functionalities of the Service from time to time. If you do not agree to any such change, your only recourse is to terminate this Agreement in accordance with Section 12.

3.3. Access to the Service.

3.3.1. BLYTZ provides access to the Service via an online user interface

accessible on a computer, mobile device, or other electronic device, portions of which may be accessible only through a secured, password- protected interface. You agree to access the Services at your own risk and further agree that you are solely responsible for ensuring that the your method of access and use of the Service is compatible with your own business needs and requirements.

3.3.2. You acknowledge and agree that any passwords and access codes are for

use only by you and your designees and that you are strictly prohibited from sharing passwords and access codes with third parties. You further agree that the unauthorized sharing of any passwords and/or access codes may cause BLYTZ and/or you irreparable harm and that, in addition to BLYTZ’s right to pursue legal remedies, BLYTZ shall have the right to immediately terminate this Agreement and your access to the Services. You further acknowledge and agree to defend, indemnify and hold harmless BLYTZ from any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable attorney’s fees) incurred or arising from any claim, demand or cause of action relating to any breach of the promises made to BLYTZ in this Agreement

3.3.3. BLYTZ will use commercially reasonable efforts to maintain the active

status of the Service. You agree that BLYTZ will not be liable for any loss, cost, damage or expense resulting from or relating to your lack of access to the Services including, without limitation, downtime resulting from: (i) service and maintenance of BLYTZ’s servers and computing resources; and (ii) such times as the Services may be inaccessible for any reason (or for no identifiable reason) whatsoever, within or outside of BLYTZ’s control.

3.3.4. You acknowledge and agree that BLYTZ does not and will not provide you

with hardware or software necessary for you to access the Services. You acknowledge and agree that you are solely responsible for all costs, charges and expenses associated with gaining access to the services, including internet or mobile data service charges.

3.3.5. The Service may be subject to limitations, delays, and other problems

inherent in the use of the Internet and electronic communications. BLYTZ is not responsible for any delays, failures, or other damage resulting from such problems.

  1. YOUR RESPONSIBILITIES

You are responsible for all activity occurring under your User account, as well as for your compliance with the terms and conditions of this Agreement. You shall fully comply with all applicable local, state, federal, and foreign laws, treaties, rules, and regulations in connection with your use of the Service, including, without limitation, those related to data privacy, data security, breach notification, international communications, and the collection, transmission, processing, cross-border transfer, and disclosure of client or user data, including technical and personal data. You shall: (i) notify BLYTZ immediately of any known or suspected violation of any law relating to client or user data, (ii) notify BLYTZ immediately of any unauthorized use of any password or account or any other known or suspected breach of Service security; and (iii) report to BLYTZ immediately and use reasonable efforts to stop immediately, any unauthorized use of the Service or breach of security.

  1. USER DATA

5.1. User Data. You shall have sole responsibility for the accuracy, quality, integrity,

legality, reliability, and appropriateness of any of your own data, and agree that any support provided by BLYTZ in the provision of the Services shall not be construed as a guarantee of the accuracy, quality, integrity, legality, reliability, or appropriateness of any of your Data. BLYTZ shall not be responsible or liable for: (i) the deletion, correction, destruction, and/or damage, to any User Data; or (ii) your collection, use, storage, cross-border transfer, or disclosure of the Data.

5.2. Disclosure and Use of User Data. BLYTZ’s disclosure and use of User Data is governed by its Privacy Policy, which may be accessed on its web site and is specifically incorporated herein by this reference.

5.3. Review of Client Data. BLYTZ does not have any obligation to monitor or review

User Data for any purpose. Notwithstanding the foregoing, BLYTZ reserves the right to take steps it believes are reasonably necessary to enforce and/or verify compliance with this Agreement. Without limiting the foregoing, BLYTZ may, without notice (unless required by law) or liability to you, access, use and/or preserve your account information and/or Data and disclose your account information and/or Data to law enforcement authorities, government officials and/or any other party as BLYTZ reasonably believes necessary or appropriate: (i) if BLYTZ is required to do so to comply with legal process or governmental request, (ii) to enforce this Agreement, (iii) to detect or prevent security, fraud or technical issues, (iv) to protect the rights, property and/or safety of BLYTZ, its Users, or any other person, or (v) as permitted or required by law. You agree to hold BLYTZ harmless from and against any losses, costs, damages liabilities and expenses, and waive (to the extent permitted by applicable law) any claims you or third parties may have against BLYTZ, resulting from any disclosure, investigation or act or omission of BLYTZ under this Section.

  1. INTELLECTUAL PROPERTY OWNERSHIP

6.1. Ownership. BLYTZ (and its licensors, where applicable) owns all rights, title and interest, including all related intellectual property rights, in and to the Services offered by BLYTZ, the BLYTZ Technology, and BLYTZ’s Confidential Information. BLYTZ’s rights extend to and encompass suggestions, ideas, improvements, enhancement requests, feedback, recommendations or other information provided by you or any User relating to the Service. The BLYTZ name, the BLYTZ logo, and the product names associated with the Service are trademarks of BLYTZ, and no right or license is granted to use them. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the BLYTZ Technology, the or the intellectual property owned by BLYTZ. You acknowledge that, except as specifically provided under this Agreement, no other right, title, or interest in these items is granted.

6.2. Use of Trademarks and other Intellectual Property. You agree that BLYTZ may use your name, trademarks, service marks, and/or logos in any advertising or promotional materials for the Service or BLYTZ.

  1. THIRD PARTY INTERACTIONS AND LINKS

During use of the Service, you may consummate transactions with, correspond with, or purchase goods and/or services from third parties and other Users. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. BLYTZ shall have no liability, obligation or

responsibility to verify or ensure the quality of goods or services transacted. BLYTZ does not endorse any third party and is not responsible for any content, products, or other materials on or available from any third party.

  1. PAYMENT OF FEES AND CHARGES

To the extent the Service or any portion thereof is made available for any fee, or you are paying for goods or services or making payments to third parties via the Service, you will be required to provide BLYTZ with credit card and/or bank account information necessary to process payments. You represent and warrant to BLYTZ that such information is true and correct, and that you are authorized to provide and utilize the payment information provided.

If you dispute any payments made or charges incurred using BLYTZ you must let BLYTZ know within 3 (three) days after the date that BLYTZ processes any payment made via ACH, or 30 (thirty) days after the date of charges for a payment made via credit card. You must also contact the party to who payment was made or received from regarding the disputed charge or payment.

BLYTZ will charge the most recent account provided by you unless you direct otherwise. You agree to update billing and account information within three (3) business days of any change to applicable payment information, and to update any changes to your legal name, street address, e-mail address, and the names and telephone numbers of an authorized billing contact. If the contact information you provide is false or fraudulent, BLYTZ reserves the right to terminate your access to the Service, in addition to any other legal remedies.

Fees charged by BLYTZ for sending or receiving payments, processing payments, or use of the Services shall be separately disclosed and mutually agreed upon in writing. BLYTZ reserves the right to change is pricing for the Services, with notice to you at least 10 (ten) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

  1. PAYMENT TERMS AND CONDITIONS

By clicking the checkbox when initiating a payment using BLYTZ’s Services, you agree to allow BLYTZ to facilitate a payment as requested by you using the payment method selected and only for the amount authorized by you. By initiating the payment, you also acknowledge and agree to this Agreement governing your use of the Service. All payments processed by BLYTZ shall be in U.S. Dollars. BLYTZ is not responsible for currency conversion fees or exchange rates associated with payments initiated in or drawn upon a foreign currency.

  1. TERMINATION

10.1. Delinquent Accounts. BLYTZ reserves the right to suspend or terminate this

Agreement and your access to the Service immediately if your account becomes delinquent or you are otherwise unable to provide proper payment. You acknowledge and agree that BLYTZ has no obligation to retain User Data

following termination of an account, except as set forth below, and that such User Data may be irretrievably deleted if your account is suspended or terminated.

10.2. Termination for Convenience. Either BLYTZ or you may terminate this

Agreement by notifying the other of termination in writing.

10.3. Termination for Cause. BLYTZ may, in its sole discretion, immediately suspend or

terminate your password, account and use of the Service if BLYTZ believes in its sole discretion that you or anyone acting on your behalf has breached any provision of this Agreement.

10.4. Access to User Data Upon Termination. In the event this Agreement is

terminated (other than by reason of your breach), your payment history will remain available to you for not less than thirty (30) days, after which time BLYTZ shall have no obligation to maintain any User data, including payment history.

  1. REPRESENTATIONS & WARRANTIES

11.1. Representations and Warranties. Each party represents and warrants that it has

the legal power and authority to enter into this Agreement. BLYTZ represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will be capable of performing substantially in accordance with the online BLYTZ support documentation under normal use and circumstances. You represent and warrant that you have not and will not provide any false information to gain access to the Service and that your billing information is correct.

  1. DISCLAIMER OF WARRANTIES

12.1. Services provided on an “AS IS” Basis. THE SERVICE AND ALL CONTENT,

INCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE, ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, OTHER THAN THOSE EXPRESSLY MADE ELSEWHERE IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BLYTZ AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) THE SERVICE WILL MEET USERS’ REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED,

OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12.2. Exclusions. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER

EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BLYTZ AND ITS LICENSORS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. SOLELY TO THE EXTENT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  1. LIMITATION OF LIABILITY

13.1. Liability Exclusions. IN NO EVENT SHALL BLYTZ, ITS AFFILIATES, SUBSIDIARIES,

AND LICENSORS, OR EACH SUCH ENTITY’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE “BLYTZ ENTITIES”) BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, REVENUE, PROFITS, USE, SECURITY OF DATA (INCLUDING BUT NOT LIMITED TO CLIENT DATA) IN THE POSSESSION, CONTROL, OR STORAGE OF ANY USER, GOODWILL, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR CONTENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE (INCLUDING AS A RESULT OF ANY TERMINATION OR SUSPENSION OF ANY USER ACCOUNT), OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE BLYTZ ENTITIES BE LIABLE FOR NEGLIGENCE, INTENTIONAL MISCONDUCT OR MISHANDLED BUSINESS BY ANY USER UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, SUCH CONDUCT BETWEEN ANY USER AND (1) THE IRS OR ANY GOVERNMENT AGENCY; (2) ANY ACCOUNTING AUDIT SERVICE; (3) ANY EMPLOYEE OF A USER; (4) ANY SUPPLIER OF A USER; (5) ANY END CONSUMERS OR USERS (INCLUDING IN CONNECTION WITH REFUNDS AND CHARGEBACKS); AND (6) ANY MERCHANT SERVICES.

13.2. Limit of Liability. IN ANY CASE, THE AGGREGATE LIABILITY OF THE BLYTZ ENTITIES UNDER THIS AGREEMENT OR ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY AND DUE FROM THE CLAIMANT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY SUCH LIABILITY.

  1. MUTUAL INDEMNIFICATION

14.1. User Indemnification. You shall defend, indemnify and hold harmless the BLYTZ Entities from and against any and all third-party claims, causes of action, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with (i) your use of the Service or collection, use, disclosure, or cross-border transfer of any client Data; or (ii) the breach or alleged breach by you of any of your obligations, representations, or warranties under this Agreement; provided in any such case, that the BLYTZ Entity(-ies) (a) gives written notice of the claim promptly to you (except that the BLYTZ Entity’s failure to promptly notify you will not limit, impair, or otherwise affect the BLYTZ Entity’s rights under this Section unless you are prejudiced by that failure and then only to the extent of the prejudice); (b) gives you sole control of the defense and settlement of the claim (except that you may not settle any claim without the BLYTZ Entity’s prior written consent, unless the settlement includes a full and final release of all claims against the BLYTZ Entities and does not impose any obligations on the BLYTZ Entities); (c) provides to you reasonable assistance (including reasonable access to information in the possession or control of the BLYTZ Entities); and (d) has not compromised or settled such claim.

14.2. BLYTZ Indemnification. BLYTZ shall defend, indemnify and hold harmless you

and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents from and against any and all third-party claims, causes of action, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with an allegation that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; provided in any such case, that you (a) promptly gives written notice of the claim to BLYTZ (except that your failure to promptly notify BLYTZ will not limit, impair, or otherwise affect your rights under this Section 16 unless BLYTZ is prejudiced by that failure and then only to the extent of the prejudice); (b) gives BLYTZ sole control of the defense and settlement of the claim (except BLYTZ may not settle any claim without your consent, unless the settlement includes a full and final release of all claims against you and does not impose any obligations upon you); (c) provides to BLYTZ all available information and assistance; and (d) has not compromised or settled such claim. BLYTZ shall have no indemnification obligation, and you shall indemnify the BLYTZ Entities, for claims arising from any infringement alleged to be caused by the combination of the Service with any of your products, services, hardware, software, and/or business process.

  1. NOTICE

BLYTZ may give notice to you by means of a general notice on the Service, electronic mail to your e-mail address on record in BLYTZ’s account information, or by general notice on https://www.blytzpay.com. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after sending or posting. You may give notice to BLYTZ (deemed given upon receipt by BLYTZ) at any time by any of the following: letter delivered by nationally

recognized overnight delivery service or first class postage prepaid mail to BLYTZ at the following address: BLYTZ, 3300 Running Creek Way, Lehi, Utah 84043; addressed to the attention of: Customer Service Department; or by email to legal@blytzpay.com;.

  1. MODIFICATION TO TERMS

BLYTZ reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

  1. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Utah without regard to its conflict of law’s provisions. Should any provision of this Agreement be declared illegal or unenforceable and cannot be modified to be enforceable, such provision shall immediately become null and void, leaving the remainder of this Agreement in full force and effect.

  1. DISPUTE RESOLUTION

In the event of any dispute among the parties under this Agreement, and if the dispute cannot be settled through negotiation between the parties, such dispute shall be submitted to mediation prior to being filed within the federal or state courts located in Salt Lake County, State of Utah. The prevailing party shall be entitled to all attorneys fees and costs from the losing party.

  1. FORCE MAJEURE

BLYTZ shall not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond such entities’ reasonable control, including, without limitation, acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

  1. MISCELLANEOUS

No joint venture, partnership, employment, or agency relationship exists between any User and BLYTZ as a result of this Agreement or use of the Service. The failure of BLYTZ to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BLYTZ in writing.

  1. CONFIDENTIAL INFORMATION

21.1. You grant to BLYTZ a non-exclusive, royalty free right during your use of the

Service, to use Confidential Information provided by you for the sole purpose of performing BLYTZ’s obligations under the Agreement and delivering the Services. Such rights shall include permission for BLYTZ to generate and publish aggregate, anonymized reports on system usage and trends, provided they do not conflict with Section 20 of this Agreement.

21.2. Each party agrees to treat all Confidential Information as confidential and not to

use or disclose such Confidential Information except as necessary to perform its obligations under this Agreement or as otherwise allowed in this Agreement or BLYTZ’s Privacy Policy.

21.3. BLYTZ and any third party vendors, hosting, banking, payment or identity

verification partners it utilizes to provide the Service shall hold Confidential Information in strict confidence and shall not use or disclose it except (a) as required to perform their obligations under this Agreement; (b) in compliance with Section 20 of this Agreement, or (c) as otherwise authorized by you.

21.4. BLYTZ reserves the right to provide Confidential Information to third parties as

required and permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. If BLYTZ is required by law to make any disclosure of Confidential Information that is prohibited or otherwise constrained by this Agreement, then BLYTZ will provide you with written notice (to the extent permitted by law) prior to such disclosure so that you may seek a protective order or other appropriate relief.

21.5. To the extent you share the confidential information of others with BLYTZ in the course of utilizing the Services, you acknowledge that it is your duty and responsibility obtain consent from applicable third parties prior to sharing confidential information with BLYTZ.

  1. EMAIL, PHONE AND SMS TEXT COMMUNICATION OPT IN

You acknowledge and agree that by registering for BLYTZ’s platform and Services, BLYTZ may contact you via email, SMS text, or phone call to the phone number provided upon registration (even if that number is a wireless telephone number). You agree to pay all third- party fees and charges associated with receipt of communication from BLYTZ, such as wireless provider charges, text message charges, or data charges.

You acknowledge and agree that BLYTZ may send emails or SMS text messages to you (including invoices, receipts, payment reminders, and marketing materials) related to BLYTZ’s Services or other products and services which BLYTZ believes may be of interest to you. Such automated messages will be sent automatically to you by BLYTZ’s automated system. You may opt out of these automated messages by clicking the “unsubscribe” link in any email, by replying “STOP” to any text, or by discontinuing your use of the Services and terminating your

account. Receipt of automated marketing messages is not a condition of sale of goods or provision of services.

BY SIGNING UP AND USING BLYTZ.COM’S SOFTWARE AS A SERVICE OR INITIATING A PAYMENT USING BLYTZ’s SERVICES, YOU AGREE TO THE ABOVE TERMS AND CONDITIONS WHICH CONSTITUTE A LEGALLY ENFORCEABLE SaaS AGREEMENT GOVERNING YOUR USE OF THE SERVICE.

ALL NOTIFICATION TELEPHONE NUMBERS AND ADDRESSES, AS SET FORTH ABOVE, MAY BE CHANGED BY BLYTZ FROM TIME TO TIME, WHICH CHANGES SHALL BE POSTED ON BLYTZ’s WEBSITE.

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