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Additional Terms Applicable to Credit Card Customers

Table of content

The following different or additional terms below apply with respect to credit card Customers of the Company’s Services to the extent such terms conflict with the Code Capsules Master Subscription Agreement or, as applicable, a CodeCaps Marketplace CapStore Developer’s terms of use, CodeCaps may modify these Additional Terms and the Code Capsules Master Subscription Agreement from time to time. Your continued use of the Services and/or Marketplace and Non-CodeCaps Applications constitutes your acceptance of these Additional Terms and the CodeCapsules Master Subscription Agreement.

Fees

You will pay all fees for the Services or any CodeCaps Marketplace / CapStore based on actual usage. Fees are solely based on CodeCaps’ measurements of your use of the CodeCaps Services or any CodeCaps Marketplace Service / CapStore or Non-CodeCaps Application distributed by Us. You are required to maintain a valid credit card on your account at all times that you use the Services or any CodeCaps Marketplace / CapStore or acquire Non-CodeCaps Applications from us.

Invoicing and Payment

Fees will be invoiced monthly in arrears and concurrently charged to your credit card. Fees are due on the invoice date. You are responsible for providing complete, accurate and valid credit card, billing, payment and contact information to the Company and notifying the Company of any changes to such information. You acknowledge and agree that any credit card and related billing, payment and contact information that you provide to the Company may be shared by the Company with companies who work on the Company’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to CodeCaps and servicing your account.

Overdue Charges

If any amounts invoiced to you are not received by the due date (i.e. the charge to your credit card is denied for any reason), then (a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and (b) CodeCaps may, without limiting its other rights and remedies, suspend the Services or CodeCaps Marketplace until such amounts are paid in full and a valid credit card is provided to CodeCaps, or to terminate for nonpayment. Any outstanding balance becomes immediately due and payable upon suspension or termination of the Services or CodeCaps Marketplace for any reason.

Costs of Collection and Waiver of Claims

You are responsible for paying all reasonable expenses and attorneys’ fees that the Company incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights).

Pricing

The pricing for the Services and the CodeCaps Marketplace can be found at https://codecapsules.io/pricing (or such URL as CodeCaps may provide from time to time).

Access

You agree that the Company, in its sole discretion and for any or no reason, may suspend or terminate your subscriptions or access to the Services or any part thereof. You agree that any suspension or termination of your subscriptions or access to the Services may be without prior notice, and you agree that CodeCaps will not be liable to you or any third party for such suspension or termination.

Acceptance

Any individual who accepts these Additional Terms on behalf of a company or other legal entity represents that (s)he has the authority to bind such entity and its affiliates to these Additional Terms, and the term “you,” “your” and “Customer” shall refer to such entity and its affiliates. If the individual accepting these Additional Terms does not have such authority, or does not agree with these Additional Terms, such individual must not register an account, submit an online order form or use the Services or any CodeCaps Marketplace.

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