Shape Software Service Agreement

This Order Form, Billing Authorization, Order Notes, and the following Shape Software Service agreement (together the “Shape Customer Agreements”), outlines the products ordered by (“we”, “us”, “our, or “I”) on the date we click the Pay Securely button above “Effective Date” from Shape Software Inc. (“Shape”) and the terms and agreements agreed to by and between us and Shape. The Order Form includes the information of the initial and future charges and terms of the order. By clicking “Pay Securely” above, I agree that the Order Notes are accurate and binding, and that I agree to this Shape Software Service Agreement and its related agreements as described below.

I hereby order the products outlined in the Order Form above, and I have read, understand and accept the Shape Terms of Service, Privacy Policy, Acceptable Use, Refund Policy, Order Notes, this Shape Software Service Agreement and all other agreements and policies found at the footer of www.setshape.com, which are fully incorporated hereinto and recapitulated hereby (the “Shape Customer Agreements”). My acceptance of the Shape Customer Agreements is deemed a continuing acceptance, meaning that each time I use any Shape service or offering, including the services or offerings described on my Order Form, I agree to the then-current version of the Shape Customer Agreements. The Order Notes and this Shape Software Service Agreement shall control over the Shape Customer Agreements wherever they are inconsistent, or on any subject matter on which the Shape Customer Agreements are silent but the Order Notes or this Shape Software Service Agreement are not. The Shape Customer Agreements control over any matter on which the Order Notes or this Shape Software Service Agreement are silent, including by way of incorporation of the Refund Policy. I certify that I have the actual and apparent authority to sign and enter into this binding legal contract for the company or organization making this purchase.

I further understand and agree to Shape’s terms below:

• • Shape does not provide refunds for any reason.

• • We authorize the Total Charged Today amount in the Order Form and upon receiving our login details to you email which provide access to our Shape account, all services have been rendered by Shape. We have had an opportunity to investigate Shape and its software and services, and we have chosen to purchase access to Shape's software, services, and products for the Total Charged Today and future Monthly Payments amounts.

• • We authorise Shape Software Inc. or its designated assignee, including Shape Software LLC to bill and charge us the Total Charged Today, Monthly Payments of Monthly Payment Amount (including any additional products or services added by you) including all Renewal Terms.

• • Monthly Payments are due each calendar month until total fees of Subscription Total Annual Amount (“Total Net Fees”) are collected by Shape. Failure to pay Monthly Payments shall result in 1) Removal of the Total Discounts amount applied to the order resulting in higher Total Net Fees due 2) acceleration of the full amount of Total Net Fees Due immediately, without Monthly Payments, and 3) suspension of all Products and Services until Total Net Fees are paid. Total Net Fees shall increase by any additional products or services ordered.

• • The Communications Package provides us with 3,900 Usage Credits each Calendar month during the Subscription Term (“Monthly Usage Credits”). Monthly Usage Credits do not rollover to the next month and must be used in the Calendar month they are issued. Each Usage Credit is equivalent to $.01 and may be used toward the features and services under the Usage Credit Pricing section found in the Billing & Transactions section of our Shape account.

• • If we use all Usage Credits provided to us, we will not be able to use any of the services or features found in the Usage Credit Pricing section until we purchase more Usage Credits.

• • Upon renewal, Shape may increase its fees to reflect future changes to its prices. I agree that my Order Notes may contain material changes to the Shape Customer Agreements or other Shape standard terms

• • If we add products or services in the Add-on Features section of the Billing & Transactions page, including CRM Users or Portal Users, the number of products or amounts ordered will be subject to the remaining Subscription Term, Expiration Date (Renewal Date), quantity ordered, and shall be added to the Total Net Fees.

• • We may not reduce the number of CRM Users or Portal Users ordered in the initial Order Form, or that are added at any time during our Subscription Term, until the end of the Subscription Term.

• • We have been apprised of the full meaning of Usage Credits, our user license(s), and all other products and services named on my Order Form or elsewhere in any Shape agreements. I have had, or have had the opportunity to have, my questions about all Shape products and services asked and answered to my satisfaction.

• • I understand that if my payment method declines for any reason, Shape may be entitled to charge and collect further fees and costs related to any actual losses it suffers, including chargeback fees. I will notify Shape in advance if I anticipate that my payment method will decline for any reason at any time .

• • If I order additional products outlined on the Billing & Transactions page I will be subject to the fees and terms outlined there.

• • If our Subscription Term is Annual Subscription our Term Expiration Date will be one year after the Effective Date. If our Subscription Term is Monthly Subscription our Term Expiration Date will be one month after the Effective Date. Our subscription term (“Subscription Term”) starts on the Effective Date and ends at the Term Expiration Date.

• • Our Subscription Term and Products Ordered will automatically renew at the end of each Subscription Term for additional periods equal to the duration of the Subscription Term, unless canceled 30 days prior to the end of a Subscription Term.

• • Monthly Payments are due once each calendar month.