Business Terms of Service

Last Updated: September 2, 2026

Agreement to These Terms

These Business Terms of Service (this “Agreement”) govern your access to and use of the SIXPAC business platform, including the website at www.sixpac.com, the SIXPAC business web portal, the SIXPAC business mobile applications, and the related services described below (collectively, the “Platform”). The Platform is owned and operated by Six Pac OTG, LLC, a Florida limited liability company doing business as SIXPAC (“SIXPAC,” “we,” “our” or “us”).

This Agreement applies to businesses and organizations that use the Platform to operate their business (each, a “Business User,” “you” or “your”). Separate Consumer Terms of Service apply to the individuals your business serves.

THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT SIXPAC’S LIABILITY TO YOU AND THAT REQUIRE YOU TO RESOLVE DISPUTES INDIVIDUALLY THROUGH MEDIATION AND BINDING ARBITRATION RATHER THAN IN COURT, AND TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS. PLEASE READ SECTIONS 19, 20 AND 22 CAREFULLY.

SIXPAC IS NOT A BANK, IS NOT A PAYMENT PROCESSOR, AND IS NOT THE MERCHANT OF RECORD FOR YOUR TRANSACTIONS. SIXPAC DOES NOT HOLD, TRANSMIT OR CONTROL YOUR SETTLEMENT FUNDS. PAYMENT PROCESSING IS PROVIDED BY A THIRD-PARTY PROCESSOR UNDER A SEPARATE AGREEMENT BETWEEN YOU AND THAT PROCESSOR. SEE SECTION 4.

By clicking “I Accept,” by signing a SIXPAC order form or application, or by accessing or using the Platform, you agree to be bound by this Agreement. If you do not agree, you must not access or use the Platform.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” and “your” refer to that entity.

1. Definitions

1.1 “Account” means the Business User account you create to access the Platform.

1.2 “Authorized Personnel” means an employee, contractor, instructor or other individual you permit to access the Platform under your Account.

1.3 “Content” means any data, text, images, video, schedules, records, product listings, messages or other material submitted to or through the Platform by you or your Authorized Personnel.

1.4 “End User” means an individual customer, client, member, student or participant of your business who accesses SIXPAC consumer-facing services, or whose information you enter into the Platform.

1.5 “Equipment” means point-of-sale hardware, terminals, PIN pads, card readers and related peripherals rented from or placed with you by SIXPAC.

1.6 “Marketplace” means the multi-seller shopping feature available in SIXPAC consumer applications.

1.7 “Merchant Account” means the payment card and ACH acceptance account established for you by a Processor under a Processing Agreement.

1.8 “Network Rules” means the operating rules, regulations and requirements of Visa, Mastercard, American Express, Discover, NACHA, and any other payment network, card brand or funds-transfer system used to process your transactions, as amended from time to time.

1.9 “Processor” means a third-party payment processor, acquiring bank or sponsoring financial institution that provides payment processing and settlement services to you. SIXPAC engages third-party companies to facilitate certain services, including payment processing; the identity of the Processor applicable to your Merchant Account is disclosed in your Processing Agreement.

1.10 “Processing Agreement” means the separate merchant processing agreement, application and program terms entered into between you and a Processor, which may be presented to you under SIXPAC branding.

1.11 “Software Services” means the non-payment features of the Platform, including scheduling, membership management, point-of-sale software, inventory, communications, reporting and any optional modules you enable.

2. Eligibility, Acceptance and Changes to This Agreement

2.1 You must be a legally formed business or organization, or an individual operating a business, and must have reached the age of majority in your state of residence. You represent that you are legally eligible to enter into this Agreement and that all information you provide to SIXPAC is accurate and complete.

2.2 We may amend this Agreement from time to time. We will post an amended version with a new “Last Updated” date, retain a link to the prior version beneath that date, and notify you by email or through the Platform.

2.3 Amendments take effect thirty (30) days after posting. Until then, the prior version continues to apply. If an amendment increases your obligations or decreases ours, you may terminate this Agreement without cost or penalty at any time during that thirty-day period or within thirty (30) days after it takes effect. Your continued use of the Platform after the effective date constitutes acceptance.

2.4 Changes required by law, by a Processor, or by the Network Rules may take effect on shorter notice where necessary for compliance.

3. What SIXPAC Provides

3.1 SIXPAC provides a business operating platform for small and independent businesses, together with access to integrated payment acceptance through a Processor. Depending on the plan and modules you select, the Software Services may include scheduling and class management, membership and recurring billing administration, point-of-sale, retail and inventory management, customer records, messaging, reporting, and consumer-facing applications through which your End Users interact with your business.

3.2 SIXPAC does not provide, perform, supervise or endorse the services your business delivers. SIXPAC does not provide training, coaching, instruction, therapy, nutrition counseling, medical advice or any other professional service. You are solely responsible for the services you provide to End Users, for the qualifications and conduct of your Authorized Personnel, and for your compliance with all laws and licensing requirements applicable to your business.

3.3 SIXPAC engages third-party companies to facilitate portions of the Platform, including payment processing, hosting, messaging delivery, and analytics. SIXPAC is not responsible for the acts or omissions of those third parties except as expressly stated in this Agreement.

3.4 We may modify, add to or discontinue features of the Platform. We will not materially reduce the core functionality of a paid plan during a Subscription Period you have already paid for without offering you a pro-rated refund of the unused portion.

4. SIXPAC’s Role in Payment Processing

This Section describes SIXPAC’s role. It is important that you understand it before enabling payment acceptance.

4.1 Registered sales organization. SIXPAC is a registered independent sales organization. SIXPAC markets, sells, configures and supports payment acceptance services provided by a Processor. SIXPAC is not a bank, is not a payment processor, is not an acquirer, and is not a money transmitter.

4.2 Separate agreement with the Processor. Payment acceptance is provided to you under a Processing Agreement between you and a Processor. That agreement may be presented to you under SIXPAC branding, but SIXPAC is not a party to it. The Processing Agreement governs your Merchant Account, including approval, pricing, funding timing, holds, reserves, chargeback liability and termination. You should read your Processing Agreement. In the event of a conflict between this Agreement and your Processing Agreement with respect to payment processing, the Processing Agreement controls.

4.3 No custody of funds. SIXPAC does not hold, receive, transmit or control your settlement funds at any time. Funds from card and ACH transactions are settled to you by the Processor directly, net of the Processor’s fees and any fees payable to SIXPAC that the Processor collects on SIXPAC’s behalf.

4.4 Merchant of record. You are the merchant of record for every transaction you originate through the Platform, including Marketplace sales. You are the seller of the goods and services purchased, and you are responsible for delivering them.

4.5 Underwriting and approval. Acceptance of your application for a Merchant Account is at the sole discretion of the Processor and its sponsoring bank. SIXPAC does not control, and does not guarantee, approval, pricing, funding times, or continued availability of your Merchant Account.

4.6 Limitation. SIXPAC is not responsible or liable for the acts, omissions, errors, delays, holds, reserves, funding decisions, pricing changes or termination decisions of any Processor or sponsoring bank, or for any failure of an End User to pay you.

5. Payment Services Terms

The following apply if you enable payment acceptance through the Platform. They supplement, and do not replace, your Processing Agreement and the Network Rules.

Compliance

5.1 You will comply with all applicable Network Rules, with your Processing Agreement, and with all federal, state and local laws applicable to your acceptance of payments, including laws governing consumer credit, electronic funds transfers, automatic renewals, gift cards, and unfair or deceptive practices.

5.2 You will comply with the Payment Card Industry Data Security Standard (PCI DSS) as applicable to your business, and with any successor standard. You are responsible for the security of cardholder data in your physical possession and within any system you control. You will not store full track data, card verification values, or PINs. You will use Equipment and Platform features in the configurations SIXPAC provides and will not disable, circumvent or modify security controls.

5.3 You will use payment acceptance only for bona fide transactions in the ordinary course of your own business. You will not process transactions on behalf of another business, submit transactions you know or should know to be fraudulent or unauthorized, process a transaction for a purpose other than the sale you actually made, or use payment acceptance to obtain cash for yourself.

5.4 You will not accept payments for goods or services prohibited by the Network Rules, by your Processing Agreement, or by law. If your business activity changes materially from what you disclosed in your application, you will notify SIXPAC and your Processor before processing transactions for the new activity.

Surcharging, cash discounting and pricing display

5.5 You elect and configure surcharging, cash discount, service fee or dual pricing programs yourself within the Platform. SIXPAC provides the configuration tools; you determine whether to use them and how. You are solely responsible for confirming that your chosen program is permitted in each state where you operate, that it complies with the Network Rules and any applicable rate caps, that you register with the card brands where registration is required, that you provide required signage and point-of-sale disclosures, that the fee is disclosed on the receipt, and that you do not surcharge debit or prepaid card transactions where prohibited.

5.6 SIXPAC does not verify, monitor or certify the legal compliance of your surcharge or cash discount configuration, and does not provide legal advice regarding it. You will indemnify SIXPAC for claims, fines and assessments arising from your program.

Refunds, chargebacks and losses

5.7 You will maintain and clearly disclose a fair return, refund, cancellation and adjustment policy, and will explain how an End User obtains a refund. You will process refunds through the same Merchant Account used for the original transaction.

5.8 You are solely responsible for all chargebacks, disputes, reversals, returned ACH entries, fines, fees and assessments arising from your transactions, whether or not the underlying transaction was authorized. Liability for these amounts is governed by your Processing Agreement, and the Processor may recover them from your settlement funds, from a reserve, or by debit to your bank account.

5.9 You are solely responsible for losses from fraudulent, erroneous or unauthorized transactions. You will review transactions that appear unusual or suspicious and will contact the End User before fulfilling where appropriate.

5.10 You are solely responsible for supporting your End Users regarding receipts, delivery, returns, refunds and disputes. SIXPAC may, but is not obligated to, assist in researching a transaction.

Fees payable to SIXPAC

5.11 Fees payable to SIXPAC in connection with payment acceptance, including software fees, Marketplace fees and Equipment fees, may be collected on SIXPAC’s behalf by the Processor through deduction from your settlement funds or by ACH debit to the bank account you designate, in accordance with the pricing you accepted.

5.12 ACH authorization. You authorize SIXPAC and its Processor to initiate ACH debits and, where necessary, correcting credits to the bank account you designate for amounts owed under this Agreement, including subscription fees, Marketplace fees, Equipment fees and unreturned Equipment values. This authorization remains in effect until you close your Account and pay all amounts owed, or until you revoke it in writing with at least ten (10) business days’ notice; revocation does not relieve you of amounts already owed.

5.13 If a payment to SIXPAC is returned or fails, we may charge a returned-item fee not to exceed the amount permitted by applicable law, and may suspend the Software Services until the balance is cured.

6. Your Account and Authorized Personnel

6.1 You are responsible for maintaining the confidentiality of your Account credentials and for all activity occurring under your Account, including all activity of your Authorized Personnel. You will notify SIXPAC promptly of any unauthorized access.

6.2 You will ensure that each Authorized Personnel uses their own credentials, is granted only the access their role requires, and complies with this Agreement. You will remove access promptly when an individual leaves your business.

6.3 The individual identified as the owner or principal on your Account and Processing Agreement is deemed authorized to make decisions regarding the Account. If a dispute arises regarding ownership or control of an Account, SIXPAC may continue billing the payment method on file and may suspend changes to the Account until it receives written confirmation from the Account’s registered email address or other evidence satisfactory to SIXPAC.

7. Your Relationship with End Users

7.1 Your relationship with your End Users is your own. SIXPAC is not a party to it and accepts no liability under or in connection with it. You should enter into your own agreements with your End Users covering membership terms, cancellation, waivers of liability, medical clearance, photography and any other matter relevant to your business.

7.2 You represent and warrant that you have obtained all rights, consents and authorizations necessary for SIXPAC to receive and process End User information you submit to the Platform, and that your collection and use of End User information complies with applicable law.

7.3 Minors. If your business serves minors, you are responsible for obtaining verifiable consent from a parent or legal guardian before enrolling a minor, entering a minor’s information into the Platform, or permitting a minor to access consumer-facing SIXPAC services. See Section 15 and the SIXPAC Privacy Policy for how minor information is handled.

8. Software Fees, Billing and Renewal

8.1 You will pay the fees for the plan, modules and Equipment you select, as set out in your order form, application or the pricing presented to you at sign-up (the “Fees”). Unless stated otherwise, Fees are billed in advance for each subscription term (the “Subscription Period”).

8.2 Your subscription renews automatically for successive Subscription Periods until cancelled in accordance with Section 18. You authorize SIXPAC and its Processor to charge the payment method or bank account on file for Fees, for usage in excess of plan limits, for applicable taxes, and for collection costs and interest on overdue amounts to the extent permitted by law.

8.3 If a payment method on file expires or fails and you do not provide a valid replacement or cancel, you remain responsible for accrued Fees.

8.4 We may change Fees on thirty (30) days’ written notice by posting the change or notifying you by email. A Fee change takes effect at your next Subscription Period. If you do not accept a Fee increase, your remedy is to cancel before it takes effect.

8.5 Except as expressly provided in this Agreement or required by law, Fees are non-refundable and there are no refunds or credits for partial periods, unused features, or periods in which you did not use the Platform.

9. Trial Programs and Promotional Pricing

9.1 We may offer trial, free or discounted access from time to time (a “Trial Program”), subject to any limits we specify on duration, features, transaction volume or number of End Users. At the end of the trial period, standard Fees apply unless you cancel first.

9.2 You may not create multiple Accounts to obtain additional Trial Program benefits. We may modify, suspend or end any Trial Program at any time in our discretion.

9.3 Promotional pricing offered to one Business User creates no entitlement for any other Business User.

10. SIXPAC Marketplace

10.1 The Marketplace allows participating Business Users (each, a “Seller”) to list inventory in a shared storefront within SIXPAC consumer applications, so that a consumer may purchase from more than one Seller in a single checkout.

10.2 You are the seller and merchant of record for your Marketplace listings. You are responsible for the accuracy of your listings and pricing, for inventory availability, for fulfillment, for shipping and tracking updates, for applicable taxes, for product safety and labeling compliance, and for all returns, refunds and disputes.

10.3 Marketplace fee. Marketplace sales are subject to your Merchant Account processing fees plus a SIXPAC Marketplace fee equal to five percent (5%) of the gross sale amount. The Marketplace fee is collected on SIXPAC’s behalf by the Processor and deducted from the funds settled to you. For example, on a $100 sale you would receive $100 less the 5% Marketplace fee and less applicable processing fees.

10.4 You will not list items you are not lawfully permitted to sell, items prohibited by the Network Rules or by your Processing Agreement, or items requiring a license or age verification you do not hold or cannot perform.

10.5 SIXPAC may remove any listing, or suspend Marketplace access, at its discretion, including where a listing appears to violate this Agreement or generates a disproportionate rate of disputes.

11. Equipment Rental or Placement

11.1 If you elect the Equipment rental or placement option, the Equipment remains the property of SIXPAC and is licensed to you for use during the term of your Account. Title does not pass to you.

11.2 You will return all Equipment in good working condition, ordinary wear and tear excepted, within ten (10) days after termination or expiration of your Account or Merchant Account. SIXPAC will provide return instructions on request.

11.3 If Equipment is not returned within that period, you agree to pay its replacement value, and you authorize SIXPAC to collect that amount by ACH debit under Section 5.12. Current replacement values are:

(a) POS System — $1,199

(b) Terminal — $495

(d) Card Reader — $89

11.4 SIXPAC may update these values on thirty (30) days’ notice and may substitute comparable models, or add or discontinue models, at its discretion.

11.5 You are responsible for loss of, or damage to, Equipment resulting from misuse, neglect, unauthorized modification, power events, or failure to maintain a suitable operating environment. You will indemnify and hold SIXPAC harmless from claims, losses and liabilities arising from your use or misuse of the Equipment.

11.6 Replacements. SIXPAC will provide replacement Equipment, programmed and ready for use, up to two (2) times in any twelve-month period. Each replacement is subject to a swap fee of $75, collected by ACH debit. Replacements beyond two in any twelve-month period, and replacements necessitated by loss, theft or damage described in Section 11.5, are subject to a fee of $175 or the applicable replacement value, at SIXPAC’s election.

12. Optional Modules and Wellness Tools

12.1 Certain modules are made available only if you enable them. Enabling a module may make additional terms applicable, which SIXPAC will present to you at the time of enablement.

12.2 Wellness and nutrition tools. If you enable nutrition, calorie tracking, body-composition, workout planning or similar wellness features, you acknowledge and agree that: (a) these tools are not medical devices and are not diagnostic tools; (b) they must not be used to diagnose, prevent, monitor, treat, cure or mitigate any disease or medical condition; (c) any output is informational and is not a substitute for professional medical advice; (d) nutrition information is sourced from third parties and SIXPAC does not warrant its accuracy; (e) you are solely responsible for determining whether you are licensed and permitted to provide nutrition, dietetic or health-related services in each jurisdiction where you operate; (f) if an End User discloses a medical condition to you, you will advise them to consult a qualified medical professional; and (g) you will not state or imply that SIXPAC provides any warranty, endorsement or clinical validation of these tools or of your services.

12.3 You are solely responsible for any representation you make to an End User about your qualifications, credentials, certifications or experience.

13. Taxes

13.1 You are responsible for determining, collecting, reporting and remitting all sales, use, excise, service and other taxes arising from your sales and from your use of the Platform, other than taxes on SIXPAC’s net income.

13.2 Any tax estimate, rate table or calculation feature in the Platform is provided for convenience only. You are responsible for verifying its accuracy and for your own tax positions and filings.

14. Electronic Communications and Consent

14.1 Electronic records. You consent to receive this Agreement, your Processing Agreement, disclosures, notices, statements and other records electronically. You may withdraw this consent by closing your Account. You represent that you can access and retain electronic records in PDF and HTML formats.

14.2 Messages from SIXPAC. You consent to receive operational, transactional and service messages from SIXPAC by email, SMS and in-product notification. You may opt out of marketing messages at any time; you cannot opt out of messages necessary to administer your Account.

14.3 Messages you send through the Platform. If you use the Platform to send email, SMS or push messages to your End Users, you are the sender. You are solely responsible for compliance with the Telephone Consumer Protection Act, the CAN-SPAM Act, applicable state telemarketing and automatic-renewal statutes, and carrier and messaging-provider requirements — including obtaining and documenting the consent required for each message type, honoring opt-out requests promptly, and maintaining accurate suppression lists. You will not use the Platform to send unsolicited commercial messages. SIXPAC may suspend messaging features that generate complaints, carrier violations or regulatory notices.

15. Merchant Data, End User Data and Privacy

15.1 As between you and SIXPAC, you own the Content and business records you submit to the Platform. You grant SIXPAC a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display and process that Content solely to provide, secure, support and improve the Platform and to comply with law.

15.2 Roles. With respect to personal information about your End Users that you submit to the Platform, you are the controller and SIXPAC acts as your service provider or processor. SIXPAC will process that information only to provide the Platform, in accordance with this Agreement and the SIXPAC Privacy Policy, and will not sell it or share it for cross-context behavioral advertising.

15.3 Where an End User creates their own SIXPAC consumer account, SIXPAC also acts as a controller of that account information under the SIXPAC Privacy Policy and the Consumer Terms of Service.

15.4 You will provide End Users with any notices, and obtain any consents, required by law before submitting their information to the Platform, including consent for minors under Section 7.3.

15.5 Aggregated data. SIXPAC may create and use de-identified and aggregated data derived from use of the Platform to operate, secure, benchmark and improve its services, provided such data does not identify you or any individual.

15.6 Upon termination, SIXPAC will make your Content available for export for thirty (30) days on request, after which it may be deleted in accordance with the retention schedule in the Privacy Policy and applicable legal and Network Rules requirements.

16. Intellectual Property

16.1 The Platform, including all software, documentation, design, text, graphics and other materials made available by SIXPAC (the “Materials”), is owned by SIXPAC or its licensors and is protected by intellectual property law. Subject to your compliance with this Agreement, SIXPAC grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Materials for the internal operation of your business during the term of this Agreement.

16.2 SIXPAC, the SIXPAC logo, and related marks are trademarks of SIXPAC. You may not use them except as expressly permitted in writing, or as necessary to identify SIXPAC as your service provider.

16.3 Feedback. If you provide suggestions, ideas or feedback about the Platform, you grant SIXPAC a perpetual, worldwide, royalty-free, transferable license to use it without restriction or compensation.

16.4 You represent and warrant that you hold all rights necessary to submit your Content and that your Content does not infringe or violate the rights of any third party. You are responsible for any royalties or fees owed to third parties arising from your Content.

17. Acceptable Use

You will not, and will not permit any Authorized Personnel or End User to, use the Platform to:

infringe or misappropriate any intellectual property or proprietary right;
transmit viruses, malware or code designed to disrupt or impair software, hardware or telecommunications equipment;
engage in fraudulent, deceptive or misleading conduct, including phishing or obtaining financial or personal information under false pretenses;
publish material that is defamatory, threatening, abusive, harassing, or invasive of another’s privacy;
publish material that is harmful to minors, or sexually explicit material;
publish material that is hateful or discriminatory on the basis of race, color, sex, religion, national origin, marital status, disability, sexual orientation, age or other protected characteristic;
impersonate any person or misrepresent your affiliation with any person or entity;
interfere with the operation of the Platform, or attempt to gain unauthorized access to SIXPAC systems or the accounts of others;
use automated means to scrape, monitor or copy the Platform, or to benchmark it for competitive purposes;
resell, sublicense, rent, lease or provide the Platform on a service-bureau or time-sharing basis except as expressly permitted in writing;
reverse engineer, decompile or attempt to derive the source code of the Platform;
build a competing product using the ideas, features, functions or interface of the Platform;
collect or disclose personal information about any individual without their informed consent or in violation of law; or
violate any applicable law, Network Rule or third-party right.

SIXPAC may investigate suspected violations and may suspend or terminate access without notice where it reasonably believes continued access presents a security, legal or operational risk.

18. Suspension, Cancellation and Termination

18.1 Cancellation by you. You may cancel your Account at any time through the cancellation function in the Platform. Cancellation takes effect at the end of the then-current Subscription Period. You remain liable for Fees accrued through that date, including the full Fee for the Subscription Period in which you cancel. Pre-paid Fees are not refundable except as expressly provided.

18.2 Cancelling your SIXPAC Account does not automatically close your Merchant Account, and closing your Merchant Account does not automatically cancel your SIXPAC Account. Closure of a Merchant Account is governed by your Processing Agreement.

18.3 Suspension. SIXPAC may suspend all or part of your access immediately if: you fail to pay amounts owed; SIXPAC reasonably believes there is a security, fraud or legal risk; a Processor or sponsoring bank directs suspension; or you materially breach this Agreement. Where practicable, SIXPAC will notify you and give you an opportunity to cure.

18.4 Termination by SIXPAC. SIXPAC may terminate this Agreement for material breach that remains uncured ten (10) days after notice, or immediately where the breach cannot be cured or where required by law, a Processor or the Network Rules. SIXPAC may also terminate for convenience on thirty (30) days’ notice, in which case it will refund the unused pro-rated portion of any pre-paid Fees.

18.5 On termination, your right to access the Platform ends, all outstanding amounts become immediately due, and Equipment must be returned under Section 11.

19. Disclaimer of Warranties

THE PLATFORM AND ALL MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIXPAC DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT.

SIXPAC DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS. ACCESS MAY BE INTERRUPTED FOR MAINTENANCE, UPDATES, EQUIPMENT FAILURE OR OTHER CAUSES.

SIXPAC IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY PROCESSOR, SPONSORING BANK, PAYMENT NETWORK, TELECOMMUNICATIONS PROVIDER, HOSTING PROVIDER, MESSAGING PROVIDER OR OTHER THIRD PARTY, OR FOR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY SIXPAC.

THE PLATFORM IS OFFERED FROM AND CONTROLLED FROM THE UNITED STATES AND IS INTENDED FOR USE BY BUSINESSES OPERATING IN THE UNITED STATES. THOSE WHO ACCESS IT FROM OTHER JURISDICTIONS DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SIXPAC NOR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, LOST OR CORRUPTED DATA, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SIXPAC’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT IS LIMITED TO THE GREATER OF (A) USD $500, OR (B) THE TOTAL FEES YOU PAID TO SIXPAC IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMIT DOES NOT APPLY TO AMOUNTS YOU OWE SIXPAC UNDER THIS AGREEMENT.

SIXPAC WILL HAVE NO LIABILITY FOR ANY LOSS ARISING FROM A PROCESSOR’S FUNDING, HOLD, RESERVE OR TERMINATION DECISION, FROM CHARGEBACKS OR NETWORK FINES, OR FROM ANY TRIAL PROGRAM.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS. IN THOSE JURISDICTIONS, SIXPAC’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

21. Indemnification

21.1 You will indemnify, defend and hold harmless SIXPAC and its subsidiaries, affiliates, service providers, Processors, and their respective officers, directors, agents, members and employees (the “Indemnified Parties”) from and against any third-party claim, demand, loss, damage, fine, assessment, cost or liability, including reasonable attorneys’ fees, arising out of or relating to: (a) your use or misuse of the Platform; (b) your breach of this Agreement, your Processing Agreement or the Network Rules; (c) the goods or services you sell and your relationship with your End Users; (d) your surcharge, cash discount or pricing display program; (e) your messaging to End Users; (f) your Content; (g) your handling of End User personal information, including information about minors; or (h) your violation of any law or third-party right.

21.2 SIXPAC may assume exclusive defense and control of any indemnified matter at your expense, and you will cooperate. You will not settle any matter affecting an Indemnified Party without SIXPAC’s prior written consent.

22. Dispute Resolution

READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH SIXPAC INDIVIDUALLY THROUGH MEDIATION AND BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION.

22.1 Informal resolution. Before initiating formal proceedings, you agree to contact SIXPAC at support@sixpac.com and give SIXPAC thirty (30) days to resolve the dispute informally.

22.2 Mediation. If the dispute is not resolved informally, the parties will first attempt mediation before a mutually acceptable mediator. A demand for mediation shall be delivered to SIXPAC’s registered agent for service of process in Florida. Mediation will occur in Vero Beach, Florida. Any limitations period is tolled from the demand for mediation until mediation concludes. At least five (5) business days before the mediation, each party will provide the mediator with a position statement and supporting documents, which may be submitted confidentially. SIXPAC will pay the mediator’s fee; each party bears its own other costs.

22.3 Arbitration. Disputes not resolved in mediation will be submitted to binding arbitration before a single arbitrator under the JAMS Comprehensive Arbitration Rules and Procedures, including the Expedited Procedures (Rules 16.1 and 16.2), unless the parties agree otherwise. Arbitration will occur in Vero Beach, Florida. Judgment on the award may be entered in any court of competent jurisdiction.

22.4 Exceptions. Either party may seek provisional or injunctive relief in a court of competent jurisdiction in aid of arbitration, and either party may bring an individual action in small claims court.

22.5 Limitations period. Any claim arising from or relating to this Agreement must be commenced within twelve (12) months after the cause of action accrues, or it is permanently barred, except where a longer period is required by law.

22.6 If a party commences litigation in violation of this Section, that party will pay the other party’s attorneys’ fees and costs incurred in compelling mediation or arbitration.

23. Copyright and Trademark Complaints

23.1 SIXPAC responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act and to complaints of trademark or right-of-publicity infringement.

23.2 A notice should identify the work or mark claimed to be infringed, identify the material on the Platform claimed to be infringing with enough detail to locate it, provide your contact information, include a statement that you have a good-faith belief the use is unauthorized, include a statement under penalty of perjury that the notice is accurate and that you are authorized to act, and be signed. For trademark or trade dress complaints, include a copy of the relevant registration.

23.3 Send notices to: SIXPAC, Attn: Copyright Agent, 2205 14th Avenue, Vero Beach, FL 32960, or legal@sixpac.com. SIXPAC may remove material and may terminate the accounts of repeat infringers.

24. General

24.1 Governing law. This Agreement is governed by the laws of the State of Florida, and applicable U.S. federal law, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

24.2 Entire agreement. This Agreement, together with any order form, plan terms and module terms you accept, is the entire agreement between you and SIXPAC regarding the Platform, and supersedes prior agreements and discussions on that subject. Your Processing Agreement is a separate agreement with a Processor and is not superseded by this Agreement.

24.3 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder of this Agreement will continue in effect.

24.4 Assignment. You may not assign or transfer this Agreement without SIXPAC’s prior written consent. SIXPAC may assign it without restriction, including in connection with a merger, acquisition or sale of assets.

24.5 No waiver. SIXPAC’s failure to enforce any right or provision is not a waiver of it.

24.6 Independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship between you and SIXPAC.

24.7 Force majeure. Neither party is liable for delay or failure to perform due to causes beyond its reasonable control, other than payment obligations.

24.8 Survival. Sections 5.8 through 5.13, 8, 11, 13, 15, 16, 19, 20, 21, 22, 23 and 24, and any other provision intended to survive, survive termination.

25. Contact

SIXPAC — Six Pac OTG, LLC

2205 14th Avenue, Vero Beach, FL 32960

support@sixpac.com • (801) 323-3000