END USER LICENSE AGREEMENT (EULA)

Last updated: 2022-12-21

Please read this End User License Agreement (“EULA”) carefully before using the AYYES Application (the “Application”) operated by AYYES, LLC, a(n) Corporation based in Texas (“us”, “we”, “our”) as this EULA contain important information regarding limitations of our liability. Your access to and use of the Application is conditional upon your acceptance of and compliance with this EULA. This EULA applies to everyone, including, but not limited to: visitors, users, and others, who wish to access or use the Application.

By accessing or using the Application you agree to be bound by this EULA. If you disagree with any part of this EULA then you do not have our permission to access or use the Application.

License Rights

AYYES, LLC grants you the non-exclusive, non-transferable license to use the Application subject to the terms contained herein.

You may use this application for only business and commercial use. We grant you the ability to reproduce the software and distribute copies. You may install any number of copies of this software.

Warranty

NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) SHALL APPLY TO THE PRODUCT; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. AYYES, INC MAKES NO WARRANTY REGARDING FREEDOM FROM BUGS OR UNINTERRUPTED USE.

Limitation of Liability

IN NO EVENT SHALL AYYES, INC BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REIMBURSEMENTS, LOST DATA, OR LOST SAVINGS, DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PRODUCT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CUSTOMER’S RECORDS, PROGRAMS OR SERVICES), IRRESPECTIVE IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

Maximum Liability

THE AGGREGATE LIABILITY OF AYYES, INC ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY IT FROM YOU FOR THE PRODUCT.

AYYES, LLC may need, from time to time, to make additions and upgrades to the software. It shall be at the sole discretion of AYYES, LLC to make releases of such updates to you, provided that you agree to any changed EULA prior to the installation of the updates.

Any updates and maintenance to the application shall be done free of charge to you.

Free Trial

We provide a free trial of ayyes.com. Upon the conclusion of the free trial, your credit card will be charged.

Dispute Resolution

All disputes regarding this EULA and its’ interpretation, shall be conducted by a court of competent jurisdiction in DE. By accepting these terms, you agree that this is the proper venue.

Changes

We reserve the right to amend this policy at any time without any prior notice to you.

Questions

If you have any questions about this EULA, please contact us at legal at ayyes.com.