InflataHQ's End-User License Agreement

• "Customer Data" means all electronic data, content and information submitted by you for processing or delivery to enable your use of the Services.
• "Account Data" means your contact and billing information and may include personally identifiable information, submitted by or collected from you in conjunction with opening, administering or closing your account.
• "System Data" means all data, content and information in the nature of deidentified or aggregate system administrative data, statistical and demographical data, and operational information and data generated by or characterizing the use of the Services.
• "Services," "Service," or "Software" means the online, web-based applications, mobile applications, integration applications, and platform provided by InflataHQ to which you subscribe, and all enhancements, upgrades, and extensions thereto that may be provided by InflataHQ from time to time.
• "Order Form" means a purchase order, signed proposal, Services quotation or other written or electronic document in which you subscribe to the Services, specific geographic platforms, number of users or usage limits and/or choice of features, together with any other applicable requirements and restrictions. The Order Form is part of this Agreement, and its terms prevail in the event of any conflict with this Agreement.
• "Malicious Code" means unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

• InflataHQ reserves the right to set rates at any time for services that have not yet been paid for, including future months of subscription services. InflataHQ bills month-to-month and will not refund any money for a month that has already begun. If you paid in advance for services, InflataHQ will refund money for future unused services if those services were purchased at the current retail rate. Advanced services purchased at a promotional rate are non-refundable.
• If your subscription payment is not received, service will continue for a 10-day grace period. At the end of the grace period, if you still have not paid, your account may be limited until payment is received. After extended non-payment, your account may not be accessible until you pay the amount owed.
• Plans are based on inventory limits and features as described at signup. Operating an account in a smaller plan than necessary for your company, as determined by InflataHQ, is not acceptable and may be cause for termination or required upgrade.
• Customer is responsible for removing payment methods from the account and cancelling via the subscription page. Until they do so, we may continue providing services and billing for them. Compensation for used or partially used services is non-refundable and non-returnable.
• If InflataHQ is billed additional fees above regular usage fees for any integrated service you use (including payment processors, email providers, SMS carriers, or other business services), InflataHQ may pass those fees on to Customer and require immediate payment.

• Software, including all releases provided as part of Support, copies and documentation, is copyrighted, trade secret and Confidential Information of InflataHQ, who maintains exclusive title to all Software and retains all rights not expressly granted by this Agreement. InflataHQ grants to Customer, subject to Customer's compliance with the Agreement terms including payment of applicable license fees, a nontransferable, nonexclusive, non-sublicenseable license to use Software solely for Customer's business purposes.
• Customer agrees that purchases under this Agreement are not contingent on the delivery of any future functionality or features. Any inventions, product improvements, modifications or developments made by InflataHQ are InflataHQ's exclusive property.
• Availability of Service. InflataHQ will use commercially reasonable efforts to make the Service available, except for scheduled maintenance, emergency maintenance, or events of force majeure. InflataHQ is not responsible for downtime caused by telecommunications networks, hardware failures, or third-party compatibility issues beyond its reasonable control.
• Ownership of Customer Data. As between InflataHQ and you, you exclusively own all rights, title and interest in and to all Customer Data. You are solely responsible for the content of your Customer Data and for securing rights necessary for InflataHQ to provide the Services.
• License to Use Customer Data. You grant InflataHQ a limited, royalty-free, nonexclusive right and license to use, copy, display, perform, and modify the form or format of Customer Data only as reasonably necessary to perform the Services.
• Protection of Customer Data. InflataHQ shall make commercially reasonable efforts to safeguard Customer Data using appropriate administrative, physical, and technical safeguards. InflataHQ shall not disclose Customer Data except as compelled by law or as expressly permitted in writing by you.
• InflataHQ's Use of System Data. All System Data is owned exclusively by InflataHQ. InflataHQ may use System Data in aggregate or statistical form without identifying you or disclosing Customer Data, unless approved by you in writing.
• Compliance with Laws. InflataHQ may preserve or disclose information if reasonably necessary to comply with applicable law, regulation, or lawful order from a competent authority.

Authorized Officer. InflataHQ understands that many Customers are business entities owned or controlled by more than one person. As part of account setup, each Customer shall certify one person who serves as Authorized Officer (AO). If no separate corporate resolution is provided, the AO shall be deemed to be the individual who originally registered the account.

Each Customer shall designate only one AO per account. The AO is the person authorized to instruct InflataHQ regarding account matters, data access, and changes to the business relationship. To change the AO, Customer must provide documentation InflataHQ may reasonably require.

Staff and Crew Accounts. Once an AO is established, additional staff or crew user accounts may be created. Such accounts are for operational use only and do not possess authority to bind Customer to InflataHQ. Customer is fully responsible for acts and omissions of staff and crew users and must disable access when no longer needed.

• InflataHQ warrants that the Software, when properly configured, will substantially conform to the functional specifications in applicable user documentation during the warranty period. InflataHQ does not warrant uninterrupted or error-free service.
• This limited warranty does not apply to nonconformities caused by misuse, modification, abnormal stress, accident, or improper installation. InflataHQ'S ENTIRE LIABILITY FOR BREACH OF THIS LIMITED WARRANTY SHALL BE, AT InflataHQ'S OPTION, MODIFICATION OR REPLACEMENT OF THE SOFTWARE OR REFUND OF LICENSE FEES PAID FOR THE DEFECTIVE SOFTWARE UPON RETURN AND CERTIFICATION OF DESTRUCTION.
• THE LIMITED WARRANTY IS EXCLUSIVE. InflataHQ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• Acceptable Use. Customer will not: sell or resell the Software without consent; transmit Malicious Code; interfere with the integrity or performance of the Software; attempt unauthorized access; use the Services in high-risk environments where failure could cause death or injury; or use the Software for unlawful purposes including child exploitation, fraud, or harassment.

• InflataHQ's liability shall not be limited in relation to death or personal injury caused by negligence, fraudulent misrepresentation, or any liability that cannot be limited under applicable law.
• SUBJECT TO THE ABOVE, InflataHQ SHALL NOT BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF REVENUE, LOSS OF USE, OR PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY.
• InflataHQ'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER IN THE 12 MONTHS PRIOR TO THE CLAIM FOR THE SOFTWARE GIVING RISE TO THE CLAIM, OR $1,000 USD IF NO AMOUNT WAS PAID.

• This Agreement commences when Customer executes this Agreement and InflataHQ has received payment for the first billing period, or when Customer begins a free trial as offered.
• A party may terminate for cause upon 30 days' written notice of a material breach if uncured, or if the other party becomes subject to bankruptcy or insolvency proceedings.
• InflataHQ may modify, suspend, or terminate Services if use presents a security risk, violates law, infringes intellectual property, or violates acceptable use standards, with notice where reasonably practicable.

• Governing Law. This Agreement is governed by the laws of the State of Georgia, USA, excluding conflict-of-laws rules. Disputes shall be brought in courts located in Georgia, and each party submits to such jurisdiction.
• Assignment. Customer may not assign this Agreement without prior written consent of InflataHQ.
• Force Majeure. Neither party is liable for delay caused by events beyond reasonable control lasting more than 60 days, after which the other party may cancel affected services.
• Modifications. This Agreement may only be modified in writing by authorized representatives. InflataHQ may update terms for future subscription periods with reasonable notice.
• Data Export. Data migration shall be accomplished through tools provided within the Software at the time of request, unless otherwise agreed in writing.
• Third-Party Integrations. Customer is responsible for compliance with terms of connected services (including Omega Bank Card / NMI, Stripe Billing, SMS providers, and domain registrars). InflataHQ is not responsible for third-party outages or policy changes.
• AI Tools. InflataHQ may incorporate AI-assisted features. Customer agrees InflataHQ is not responsible for errors in AI-generated results and authorizes use of Customer Data as needed to provide such features.