ENITURE TECHNOLOGY TERMS OF USE

Effective Date: October 12, 2026

Thank you for selecting the products and services offered by Eniture, LLC (“Eniture,” “Eniture Technology,” “we,” “our,” or “us”). These Terms of Use (“Agreement”) govern your access to and use of Eniture’s software, applications, plugins, modules, websites (including eniture.com, freightdesk.online, and validate-addresses.com), subscription services, and related products and services (collectively, the “Services”).

This Agreement is a legal agreement between Eniture and the individual or entity accessing or using the Services (“you,” “your,” “user,” “customer,” or “subscriber”). By purchasing, subscribing to, accessing, installing, or using any Service, or by electronically accepting this Agreement, you agree to be bound by its terms. If you accept this Agreement on behalf of a business or other entity, you represent that you have authority to bind that entity to this Agreement.

If you do not agree to this Agreement, you may not access or use the Services.

1. AGREEMENT

This Agreement governs your access to and use of the Services. Certain Services may also be subject to additional product-specific terms, ordering terms, subscription terms, documentation, or policies made available by Eniture. If additional terms expressly conflict with this Agreement, the additional terms will govern with respect to the applicable Service and only to the extent of the conflict.

2. YOUR RIGHTS TO USE THE SERVICES

2.1 License

The Services and all associated software, technology, documentation, content, designs, and other materials provided by Eniture are protected by copyright, trade secret, trademark, and other intellectual property laws. Subject to your compliance with this Agreement and payment of all applicable fees, Eniture grants you a limited, nonexclusive, nontransferable, non-sublicensable right to access and use the Services for your internal business purposes and in accordance with the applicable documentation and subscription terms. Eniture reserves all rights not expressly granted under this Agreement.

2.2 Restrictions

You may not, and may not permit any third party to:

• use the Services in violation of applicable law or this Agreement;
• provide access to the Services to any unauthorized person or entity;
• copy, reproduce, modify, sell, resell, sublicense, distribute, or commercially exploit the Services except as expressly authorized by Eniture;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying technology of the Services, except to the extent such restriction is prohibited by applicable law;
• circumvent or attempt to circumvent any security, authentication, usage, subscription, or access controls of the Services; or
• use the Services in a manner that materially interferes with or disrupts the Services or the systems used to provide them.

3. PAYMENT, SUBSCRIPTIONS, NON-RENEWAL, AND REFUNDS

3.1 Fees and Currency

You agree to pay all fees applicable to the Services you purchase or subscribe to. Unless otherwise stated, fees charged directly by Eniture are stated and payable in U.S. dollars.

3.2 Payment Methods

For Services billed directly by Eniture, Eniture accepts payment by credit card, debit card, and PayPal. You authorize Eniture and its payment processors to charge the payment method associated with your account for all applicable subscription fees and other authorized charges.

3.3 Automatic Renewal

Unless otherwise stated, subscriptions automatically renew for successive subscription periods. For Services billed directly by Eniture, you may prevent a subscription from renewing by discontinuing the applicable automatic-renewal mechanism before the next renewal date. The Service will remain available through the end of the subscription period already paid for and will terminate upon expiration of that period unless renewed.

3.4 Non-Renewal of Eniture-Billed Subscriptions

FreightDesk Online, subscriptions purchased directly through the Validate Addresses website (validate-addresses.com), and Eniture products for BigCommerce, WooCommerce, and Magento are discontinued by electing not to renew the subscription. Discontinuing automatic renewal does not terminate the current subscription period and does not create a right to a refund or credit for any portion of that period.

3.5 Shopify and Wix Subscriptions

Products distributed through the Shopify App Store and Wix App Marketplace are billed by the applicable platform rather than directly by Eniture. To discontinue use of these Services, you must remove or uninstall the applicable Eniture application from your store in accordance with the procedures of the applicable platform. The effective end of use, final charges, refunds, credits, billing adjustments, and other billing consequences are determined by the applicable platform and its then-current policies. Eniture does not control those determinations.

3.6 Failed Payments and Payment Information

For Services billed directly by Eniture, you are responsible for maintaining accurate and current billing and payment information. If a payment cannot be processed, Eniture may suspend or terminate access to the applicable Service until the outstanding amount is paid. Updating payment information does not relieve you of responsibility for charges previously incurred.

3.7 Discretionary Early Termination and Refunds

Fees paid for a subscription period are non-refundable, and a subscriber is not entitled to terminate an Eniture-billed subscription before its expiration date or receive a refund for any unused portion of the subscription period. Notwithstanding the foregoing, Eniture may, in its sole discretion, agree to terminate a subscription before its expiration date and authorize a refund. The availability of a discretionary refund in one circumstance does not create an entitlement to a refund in the same or any other circumstance.

3.8 Calculation of Authorized Refunds

If Eniture elects, in its sole discretion, to authorize early termination of an Eniture-billed subscription and issue a refund, the refund will be calculated as follows:

• Monthly subscriptions. The refund, if any, will equal the prorated value of the unused portion of the current subscription period, calculated using a 30-day subscription period.
• Annual subscriptions. The portion of the annual subscription that has been used will be recalculated using the regular monthly subscription rate applicable to the Service. The amount so calculated will be deducted from the annual subscription fee paid, and any remaining balance will constitute the refund. The discounted effective monthly rate associated with an annual subscription does not apply when calculating the value of the portion of an annual subscription that has already been used.

No refund will exceed the amount actually paid for the applicable subscription period, and no refund will be due if the recalculated value of the used portion equals or exceeds the amount paid. Authorized refunds will ordinarily be issued using the original form of payment when reasonably available. Refunds, credits, or billing adjustments for subscriptions billed by a third-party platform are subject to the applicable platform’s policies and procedures.

4. TRIAL SUBSCRIPTIONS

Eniture may offer trial subscriptions for certain Services. The duration, features, usage limitations, and other conditions of a trial may vary by Service and will be identified when the trial is offered.

Unless you begin a paid subscription before the trial expires, your right to use the Service will terminate at the end of the trial period. Eniture is not obligated to preserve Customer Data, configurations, or other information associated with an expired trial except as required by applicable law or as otherwise stated in Eniture’s applicable data-retention policies.

Eniture may modify or discontinue the availability or terms of trial subscriptions at any time.

5. PRIVACY AND DATA

Eniture’s collection, use, disclosure, and retention of personal information in connection with the Services are described in Eniture’s Privacy Policy, which is incorporated into this Agreement by reference.

By using the Services, you acknowledge that information may be processed as necessary to provide, maintain, secure, support, and improve the Services and as otherwise described in the Privacy Policy.

You are responsible for ensuring that you have all rights, permissions, and lawful bases necessary to provide personal information and other data to Eniture or permit Eniture to process such information through your use of the Services.

6. CUSTOMER DATA AND CONTENT

6.1 Customer Data

You retain ownership of the data, information, files, content, configurations, and other materials that you or your authorized users provide to, transmit through, or make available to the Services (“Customer Data”).

6.2 Permission to Process Customer Data

You grant Eniture a nonexclusive, worldwide, royalty-free right to host, copy, transmit, process, display, and otherwise use Customer Data only as reasonably necessary to provide, maintain, secure, support, and improve the Services, fulfill your requests, and comply with applicable law.

6.3 Your Responsibilities

You are responsible for the accuracy, quality, legality, and appropriateness of Customer Data and for ensuring that you have all rights, permissions, and lawful authority necessary to provide Customer Data to Eniture and permit Eniture to process it in connection with the Services.

6.4 Prohibited Data and Use

You may not use the Services to store, transmit, or process material that:

• violates applicable law or the rights of another person or entity;
• infringes intellectual property, privacy, publicity, or other proprietary rights;
• is fraudulent, malicious, threatening, or unlawfully discriminatory or harassing;
• contains viruses, malware, malicious code, or other material intended to damage, disrupt, or obtain unauthorized access to systems or data; or
• is otherwise used in a manner prohibited by this Agreement.

6.5 Customer Responsibility for Data and Configuration

You are responsible for properly entering, maintaining, updating, propagating, synchronizing, importing, exporting, or otherwise managing Customer Data and configuration information when those actions are required for the proper operation of a Service. You are also responsible for maintaining appropriate copies or backups of Customer Data when the applicable Service provides or reasonably permits you to do so.

Eniture is not responsible for the loss, corruption, omission, overwriting, or inability to recover Customer Data or configuration information resulting from your acts or omissions, including failure to properly complete required data-management, propagation, synchronization, import, export, configuration, or update procedures.

You are responsible for reviewing the results of bulk updates, imports, synchronization, propagation, and other data-management operations when the Service provides a reasonable means to do so.

6.6 Feedback, Reviews, and Public Comments

If you provide Eniture with suggestions, ideas, recommendations, or other feedback concerning the Services, Eniture may use that feedback without restriction or obligation to you, provided that Eniture does not publicly identify you or disclose your confidential information without authorization.

If you voluntarily publish a review, testimonial, comment, rating, social-media post, or other statement concerning Eniture or the Services in a public forum, marketplace, website, or social-media service, Eniture may respond to, reference, reproduce, or share that publicly available content, including the name or identity you associated with it, for customer support, reputation management, promotional, or marketing purposes, subject to applicable law and the rules of the platform on which the content appears.

6.7 Protection and Removal

Eniture may take reasonable action to restrict, remove, quarantine, or prevent the transmission of Customer Data when Eniture reasonably believes such action is necessary to protect the Services, Eniture, its customers, third parties, or to comply with applicable law.

7. ACCOUNTS, CREDENTIALS, AND SECURITY

7.1 Account Responsibility

You are responsible for maintaining the confidentiality and security of credentials used to access the Services and for activity conducted through your account by persons whom you authorize to use the Services.

7.2 Account Information

You are responsible for maintaining accurate and current account, contact, and other information reasonably required for Eniture to provide and administer the Services.

7.3 Security Incidents

You must promptly notify Eniture if you know or reasonably suspect that credentials associated with your account have been lost, stolen, compromised, or used without authorization.

7.4 Suspension for Security Reasons

Eniture may temporarily restrict or suspend access to an account or Service when Eniture reasonably believes doing so is necessary to investigate or prevent unauthorized access, fraud, a security threat, or other activity that could harm Eniture, the Services, the customer, or a third party.

7.5 Third-Party Credentials

When a Service requires credentials, API keys, access tokens, account numbers, or other authentication information for a third-party service, you represent that you are authorized to provide and use those credentials and authorize Eniture to use them as necessary to provide the applicable Service. You are responsible for maintaining the validity of those credentials and for revoking or replacing them when appropriate.

8. INDEMNIFICATION

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Eniture, its affiliates, officers, directors, employees, agents, contractors, and suppliers from and against third-party claims, demands, actions, proceedings, damages, liabilities, losses, judgments, settlements, costs, and reasonable attorneys’ fees arising from or relating to:

• your breach of this Agreement;
• your unlawful or unauthorized use of the Services;
• Customer Data or other information you provide or cause to be processed through the Services;
• your infringement or violation of a third party’s intellectual property, privacy, contractual, or other rights;
• your use of third-party accounts, credentials, systems, or services without appropriate authorization; or
• your acts or omissions in connection with transactions, activities, or business operations conducted using the Services.

Eniture will provide reasonable notice of a claim for which indemnification is sought. Eniture may participate in the defense with counsel of its choosing. You may not settle a claim in a manner that admits wrongdoing by, imposes liability or obligations upon, or otherwise materially affects Eniture without Eniture’s prior written consent.

9. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ENITURE DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.

ENITURE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ALL TIMES; THAT DEFECTS OR ERRORS WILL ALWAYS BE CORRECTED; OR THAT INFORMATION, CALCULATIONS, RESULTS, RECOMMENDATIONS, OR OTHER OUTPUT PRODUCED OR PROVIDED THROUGH THE SERVICES WILL BE COMPLETE, ACCURATE, OR SUITABLE FOR EVERY PURPOSE.

Certain Services depend upon or communicate with third-party platforms, applications, APIs, networks, data sources, service providers, or other systems. Eniture does not warrant the availability, accuracy, performance, compatibility, response time, continued availability, or conduct of any third-party service.

Support information, troubleshooting assistance, documentation, recommendations, and other guidance provided by Eniture, whether through telephone, email, documentation, human-assisted chat, automated systems, or artificial intelligence-powered systems, are provided to assist your use of the Services and do not create a warranty or guarantee of accuracy, completeness, or a particular result.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENITURE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, ANTICIPATED SAVINGS, OR DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENITURE’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE SUBSCRIPTION FEES PAID OR PAYABLE FOR THE APPLICABLE SERVICE DURING THE SUBSCRIPTION PERIOD IN WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED.

The limitations in this Section apply to claims arising from or relating to the use of or inability to use the Services; errors or omissions in the Services; loss, corruption, or unavailability of data; reliance upon information or support guidance; interruptions or failures involving Internet, telecommunications, infrastructure, or Third-Party Services; and other matters arising from the Services, except to the extent liability cannot lawfully be excluded or limited.

11. SEVERABILITY

If any provision of this Agreement, or any portion of a provision, is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law consistent with its intended purpose, and the remaining provisions of this Agreement will remain in full force and effect.

12. CHANGES TO THIS AGREEMENT AND THE SERVICES

12.1 Changes to this Agreement

Eniture may modify this Agreement from time to time. The revised Agreement will be posted on Eniture’s website with an updated effective date. When required by applicable law, or when Eniture determines that a change is material, Eniture may also provide notice through the Services, by email, or by other reasonable means. Your continued use of the Services after the revised Agreement becomes effective constitutes acceptance of the revised Agreement.

12.2 Changes to the Services

Eniture may add, modify, replace, suspend, or discontinue features, functionality, integrations, or Services from time to time. Changes to third-party platforms, APIs, technologies, legal requirements, or other circumstances outside Eniture’s control may also require Eniture to modify or discontinue functionality.

13. SUSPENSION AND TERMINATION

13.1 Suspension or Termination for Cause

Eniture may suspend or terminate access to a Service if you materially breach this Agreement, fail to pay amounts when due, use the Service unlawfully or without authorization, create a security or operational risk, abuse or threaten Eniture personnel or representatives, or engage in conduct that materially interferes with Eniture’s ability to provide or support the Services.

When circumstances reasonably permit, Eniture may provide an opportunity to cure the condition before suspension or termination. Eniture may act immediately when reasonably necessary to protect Eniture, its personnel, the Services, customers, third parties, systems, or data, or to comply with applicable law.

13.2 Termination by Eniture Without Cause

Eniture may elect not to continue or renew a subscriber’s access to a Service for business or operational reasons, including circumstances in which the nature, frequency, or extent of support or other resources required to maintain the customer relationship is, in Eniture’s reasonable judgment, disproportionate to the Service or subscription.

Except where immediate termination is permitted under this Agreement, Eniture will provide reasonable notice of a termination under this subsection. If Eniture terminates a prepaid subscription before the end of its current subscription period under this subsection, Eniture will provide a prorated refund or credit for the unused portion of the subscription period, as applicable. For Services billed through a third-party platform, any refund, credit, or billing adjustment will be subject to the applicable platform’s policies and procedures.

13.3 Effect of Termination

Upon termination or expiration of your right to use a Service, you must cease using that Service. Termination or expiration does not relieve you of payment obligations incurred before the effective date of termination.

13.4 Survival

Provisions that by their nature should survive expiration or termination will survive, including provisions concerning intellectual property, payment obligations, Customer Data responsibilities, confidentiality, disclaimers, indemnification, limitations of liability, dispute-related provisions, and other accrued rights and obligations.

14. ASSIGNMENT

You may not assign or transfer this Agreement, whether by contract, operation of law, or otherwise, without Eniture’s prior written consent. Eniture may assign or transfer this Agreement, in whole or in part, including in connection with a merger, acquisition, reorganization, sale of assets, or other business transaction.

15. THIRD-PARTY SERVICES

15.1 Third-Party Dependencies

Certain Services communicate with, integrate with, obtain information from, transmit information to, or otherwise depend upon third-party platforms, applications, APIs, websites, networks, data sources, service providers, or other systems (“Third-Party Services”). Your use of a Third-Party Service may be subject to separate agreements between you and the applicable third party.

15.2 Third-Party Responsibility

Eniture does not own or control Third-Party Services and is not responsible for their availability, performance, security, accuracy, functionality, response times, data, pricing, policies, acts, omissions, errors, interruptions, or other operation.

15.3 Changes to Third-Party Services

A third party may modify, restrict, suspend, discontinue, or impose new requirements upon a Third-Party Service at any time. Such changes may affect an Eniture Service or integration. Eniture may modify, suspend, or discontinue affected functionality when reasonably necessary in response to a change involving a Third-Party Service.

15.4 Customer Relationships With Third Parties

You are responsible for establishing, maintaining, and complying with any accounts, agreements, credentials, subscriptions, permissions, payment obligations, or other requirements associated with Third-Party Services you elect to use in connection with the Services.

15.5 Third-Party Disputes

Eniture’s integration with or support for a Third-Party Service does not make Eniture a party to your relationship with the third-party provider or responsible for resolving disputes between you and that provider.

16. SUPPORT SERVICES

16.1 Nature of Support

Eniture’s Services are offered primarily as self-service software-as-a-service products. Eniture makes customer support resources available to assist subscribers with the use and operation of Eniture’s Services. Subscription fees do not include unlimited consulting, investigation, administration, implementation, or support services.

16.2 Support Channels

Eniture may provide support through telephone, email, chat, artificial intelligence-powered chat, documentation, knowledge-base articles, or other channels. The availability, hours, and methods of support may vary by Service and may change from time to time.

16.3 Scope of Support

Eniture support is intended to address Eniture’s Services. Eniture is not obligated to diagnose, administer, investigate, correct, or resolve problems originating with Third-Party Services, third-party accounts, systems, providers, or business relationships. Eniture may assist in identifying that a third party appears to be the source of an issue, but such assistance does not obligate Eniture to pursue, manage, or resolve the matter with that third party on your behalf.

16.4 Reasonable Use of Support

Eniture may establish reasonable limits on support when the frequency, nature, duration, or scope of a subscriber’s support requests materially exceeds the level of support reasonably associated with the applicable Service or subscription. Persistent unreasonable use of support resources may result in restrictions on support or termination in accordance with Section 13.

16.5 Support Information and Recommendations

Information, recommendations, troubleshooting guidance, instructions, and other assistance provided through Eniture support are intended to assist you but may not be complete, error-free, or effective in every circumstance. You remain responsible for evaluating support guidance before acting upon it and for maintaining appropriate safeguards for your systems, accounts, data, and business operations.

16.6 Automated and AI-Assisted Support

Some support interactions may be provided or assisted by automated or artificial intelligence technologies. Automated responses may contain errors, omissions, or interpretations that are not applicable to your particular circumstances. When acting upon a support response could reasonably result in material financial loss, data loss, disruption of business operations, or other significant consequences, you are responsible for obtaining appropriate verification before relying upon the response.

17. SHIPPING SERVICES

17.1 Applicability

This Section applies only to Services that provide shipping rates, shipping information, shipment preparation, shipping documents, carrier or logistics-provider integrations, or other shipping-related functionality (“Shipping Services”).

17.2 Role of Eniture

Unless expressly stated otherwise for a particular Service, Eniture is a software provider and is not a shipping carrier, freight broker, freight forwarder, third-party logistics provider, or transportation provider. Transportation services are provided by the carrier, logistics provider, or other transportation provider selected or used by you.

17.3 Shipment Information

Shipping rates, services, shipment documentation, and other results produced through Shipping Services depend upon information supplied by you, your ecommerce platform or other systems, and applicable Third-Party Services. You are responsible for the accuracy and completeness of product, order, origin, destination, packaging, weight, dimensions, freight classification, shipment characteristics, service requirements, and other information used to obtain rates or prepare shipments.

17.4 Shipping Rates

Rates displayed, quoted, returned, or otherwise made available through the Shipping Services are based upon the information available at the time of the request and do not constitute a guarantee of the amount ultimately charged by a carrier or logistics provider. Final charges may differ because of reweighing, remeasurement, reclassification, accessorial services, address corrections, fuel or other surcharges, tariffs, minimum charges, changes in shipment characteristics, or other adjustments imposed by the applicable provider.

17.5 Review of Shipment Information

You are responsible for reviewing rates, services, addresses, shipment characteristics, packaging information, and other shipment information for accuracy and suitability before purchasing, preparing, or tendering a shipment. The availability of information through a Shipping Service does not relieve you of responsibility for verifying that the information accurately reflects the shipment being prepared.

17.6 Carrier and Logistics-Provider Performance

Eniture is not responsible for pickup, transportation, delivery, loss, damage, delay, service failures, billing practices, claims handling, or other acts or omissions of carriers, logistics providers, or other transportation providers.

17.7 Provider Responses and Availability

Eniture does not guarantee that a carrier or logistics provider will return a rate, accept a shipment, provide a particular service, respond within a particular period of time, or continue making a service or API available.

17.8 Shipping Decisions

You are responsible for selecting the carrier or logistics provider, service, rate, packaging, and other shipment options appropriate for your shipment and business requirements.

17.9 Authorization of Shipping Transactions

When you instruct a Shipping Service to create or purchase a shipping label, create a bill of lading, tender a shipment, schedule a pickup or service, or perform another transaction that may result in charges from a carrier, logistics provider, or other third party, you authorize Eniture to transmit the applicable information and instructions to that provider on your behalf. You are responsible for charges resulting from transactions you authorize through the Shipping Services, subject to the terms of your relationship with the applicable provider.

17.10 Responsibility for Shipment Information and Shipping Documents

You are responsible for reviewing the shipment information presented through the Shipping Services before instructing the Shipping Service to create or process a shipment. You are responsible for the shipment information you provide or approve and for determining whether that information is appropriate for use with the applicable carrier or logistics provider and consistent with your agreement and business practices with that provider.

FreightDesk Online may electronically transmit shipment information to a carrier or logistics provider in connection with the creation, processing, or tendering of a shipment. The electronic information transmitted to the provider is generated from information available to the Service and may not be independently visible or auditable by you. The transmission and processing of such information are subject to the warranty disclaimers and limitations of liability contained in this Agreement.

You are also responsible for reviewing any shipping label, bill of lading, or other shipping document generated by the Shipping Service before using the document or tendering the shipment. By printing, using, affixing, or otherwise relying upon a shipping document to tender or process a shipment, you acknowledge the shipment information reflected on the document and accept responsibility for using the document with the applicable shipment.

A Shipping Service may provide verification or attestation controls to assist you in managing these responsibilities among your authorized users. The availability, configuration, default state, or use of such a control does not replace or limit your responsibility for the shipment information and shipping documents you elect to use.

17.11 Carrier Adjustments and Billing Disputes

Carriers and logistics providers may audit, validate, correct, reweigh, remeasure, reclassify, or otherwise adjust shipment information or charges after a shipment has been created or tendered. Such adjustments may result in additional transportation charges, accessorial charges, correction fees, penalties, or other amounts imposed by the applicable provider.

You are responsible for charges, adjustments, correction fees, penalties, or other consequences resulting from shipment information that you provide, approve, or knowingly use in connection with a shipment, including circumstances in which you intentionally rely upon a carrier or logistics provider to audit or correct shipment information after tender. Any arrangements you have with a carrier or logistics provider concerning auditing, corrections, adjustment fees, tolerances, or billing practices are between you and that provider.

A difference between an amount initially quoted or displayed and the amount ultimately invoiced may result from the characteristics of the shipment as tendered, information provided or approved through the Shipping Service, information transmitted electronically to the provider, the provider’s own determination or adjustment of shipment characteristics, or other circumstances.

Shipping labels, bills of lading, and other shipping documents may provide important evidence concerning the shipment information associated with the shipment when it was prepared. You are responsible for retaining shipping documents as appropriate for your business and for using them, when applicable, in addressing billing questions or disputes with the carrier or logistics provider.

Eniture does not guarantee that a carrier or logistics provider will accept shipment information as submitted or invoice a shipment according to the rate or other amount initially quoted or displayed. Any liability of Eniture arising from an error or omission in the Services, including an error in the electronic transmission or processing of shipment information, is subject to the disclaimers and limitations of liability contained in this Agreement.

18. CONFIDENTIALITY

18.1 Confidential Information

“Confidential Information” means non-public information disclosed by either party to the other that reasonably should be understood to be confidential because of its nature or the circumstances of disclosure. Confidential Information may include business, financial, technical, operational, pricing, account, credential, configuration, transaction, and other proprietary information.

18.2 Protection and Use

Each party will use the other party’s Confidential Information only as reasonably necessary to perform its obligations or exercise its rights under this Agreement and will take reasonable measures to protect it from unauthorized use or disclosure.

18.3 Permitted Disclosure

Confidential Information may be disclosed to employees, contractors, professional advisers, service providers, and others who reasonably need access to it for purposes consistent with this Agreement and who are subject to appropriate confidentiality obligations.

18.4 Exclusions

Confidential Information does not include information that the receiving party can demonstrate: (a) is or becomes publicly available without breach of this Agreement; (b) was lawfully known to the receiving party without confidentiality restrictions before disclosure; (c) is lawfully received from a third party without confidentiality restrictions; or (d) is independently developed without use of the other party’s Confidential Information.

18.5 Required Disclosure

A party may disclose Confidential Information when required by law, subpoena, court order, or other legal process. When legally permitted, the receiving party will provide reasonable notice to the disclosing party before making the required disclosure.

19. DATA RETENTION AND AVAILABILITY

19.1 During the Subscription

The availability and retention of Customer Data may vary according to the applicable Service, the nature of the data, and the functionality of the Service.

19.2 Customer Responsibility

You are responsible for obtaining or maintaining copies of Customer Data that you may need after expiration or termination of a Service when the applicable Service provides or reasonably permits a means of doing so. You should not rely upon Eniture as your sole repository for information that you are independently required to preserve.

19.3 Following Expiration or Termination

Following expiration or termination of a Service, Eniture has no obligation to retain Customer Data for your future access or use except as required by applicable law or expressly stated in an applicable Eniture policy or written agreement. Customer Data may be deleted, anonymized, rendered inaccessible, or retained for a limited period in accordance with Eniture’s applicable data-retention practices.

19.4 Recovery of Data

Eniture does not guarantee that Customer Data can be recovered after it has been deleted, overwritten, corrupted, or rendered inaccessible.

20. FORCE MAJEURE

Eniture will not be liable for any delay, interruption, failure, or inability to perform an obligation under this Agreement resulting from circumstances beyond Eniture’s reasonable control, including natural disasters, severe weather, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, governmental actions, power or telecommunications failures, Internet disruptions, cyberattacks, failures of hosting or infrastructure providers, or failures or interruptions of Third-Party Services. Eniture will use commercially reasonable efforts to resume affected Services when reasonably practicable.

21. GOVERNING LAW AND VENUE

This Agreement and any dispute arising out of or relating to this Agreement or the Services will be governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles.

To the extent a dispute is permitted to be brought in court, you and Eniture (a) consent to and irrevocably submit, and agree to submit, to the non-exclusive jurisdiction of the state courts of the state of Georgia located in Fayette County or the United States District Court for the Northern District of Georgia, Newnan Division for the purpose of any action, claim, cause of action or suit (in contract, tort or otherwise), arising out of or based upon this Agreement or relating to the subject matter hereof, and (b) hereby waive, and agree to waive, to the extent not prohibited by applicable law, and agree not to assert, by way of motion, as a defense or otherwise, in any such action, any claim that it is not subject personally to the jurisdiction of the above named courts, that any such proceeding brought in one of the above named courts is improper, or that this Agreement or the subject matter hereof may not be enforced in or by such court.

22. NOTICES AND ELECTRONIC COMMUNICATIONS

22.1 Electronic Communications

By using the Services, you agree that Eniture may provide agreements, notices, disclosures, service communications, billing information, and other communications electronically, including by email, through the Services, or by posting information on an applicable Eniture website. You are responsible for maintaining accurate and current contact information associated with your account.

22.2 Legal Notices to Eniture

Notices required or permitted under this Agreement must be sent to: Eniture, LLC, 320 W. Lanier Ave, Ste 200, Fayetteville, GA 30214. Eniture may designate a replacement notice address by updating this Agreement. This provision does not modify any requirements applicable to formal service of legal process.

22.3 Notices to You

Eniture may provide formal notices to you using the email address, mailing address, account notification mechanism, or other contact information associated with your account.

23. WAIVER

A party’s failure or delay in exercising or enforcing any right or provision under this Agreement does not constitute a waiver of that right or provision. A waiver is effective only if made in writing by the party granting it and applies only to the specific circumstance for which it is given.

24. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE

This Agreement, together with any terms, policies, subscription or ordering terms, and other documents expressly incorporated by reference, constitutes the entire agreement between you and Eniture concerning the Services and supersedes prior or contemporaneous agreements, representations, communications, and understandings concerning the same subject matter.

Product documentation, knowledge-base articles, marketing materials, sales communications, and customer-support communications are intended to describe or assist with the Services and do not modify this Agreement unless Eniture expressly agrees in writing that the applicable communication modifies the Agreement.

If an expressly incorporated product-specific term conflicts with this Agreement, the product-specific term will govern with respect to that Service and only to the extent of the conflict.

25. HEADINGS AND INTERPRETATION

Section headings are provided for convenience and do not affect the interpretation of this Agreement. Words such as “including” and “includes” mean “including without limitation.” References to a Service include applicable features and functionality of that Service unless the context requires otherwise.