End User License Agreement

This End User License Agreement (the “Agreement”) is a legally binding contract between

CLOUD MINTED SOLUTIONS, LLC d/b/a Instant Ladder

(“Licensor”) and the end user business or individual (“Licensee”), regarding the Licensee’s use of the Instant Ladder software-as-a-service platform (the “Software”).

1. Acceptance of Terms

By clicking “ACCEPT,” you:

• Represent that you are of legal age and authorized to bind the entity on whose behalf you are using the Software.

• Agree to abide by all terms in this Agreement.

If you do not agree, you must not access or use the Software.

2. Definitions

Authorized Users: Individuals authorized by Licensee to access and use the Software.

Documentation: Manuals, support materials, and any other materials describing how to use the Software.

Intellectual Property Rights: All patent, copyright, trademark, trade secret, and other intellectual property protections.

License Fees: Fees paid by Licensee in exchange for the rights granted under this Agreement.

Order Form: The signup form or agreement describing the scope and cost of the Licensee’s Software access.

Software: The Instant Ladder software-as-a-service platform at [instantladder.com].

Term: The duration of this Agreement.

Update: Bug fixes, patches, or enhancements to the Software made available by Licensor.

3. Grant of License and Scope

Subject to Licensee’s payment of applicable fees and compliance with this Agreement, Licensor grants Licensee a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Software and its Documentation for internal business purposes.

4. Use Restrictions

Licensee and its Authorized Users must NOT:

• Use the Software beyond the license scope (e.g., copying or distributing to third parties).

• Modify, reverse-engineer, or create derivative works of the Software.

• Remove or alter any proprietary notices.

• Sell, lease, lend, or otherwise transfer the Software to any third party.

• Use the Software for unsafe or illegal activities (e.g., operating life-support systems or violating laws).

5. Responsibility for Authorized Users

Licensee is fully responsible for any use (or misuse) of the Software by its Authorized Users or by anyone else accessing the Software through Licensee’s credentials.

6. License Compliance and Audits

• The Software may include security features to prevent unauthorized use.

• Licensor has the right to audit Licensee’s use of the Software to ensure compliance.

• If unauthorized use is discovered, Licensee must promptly pay any additional fees, and Licensor may terminate the Agreement or take other legal action.

7. Maintenance and Support

• Licensor may, at its discretion, provide updates, bug fixes, and other improvements (“Updates”) at no additional cost if included in your plan.

• Licensor has no obligation to create or provide any specific Updates, upgrades, or new releases.

• Support is provided during normal business hours. You may need a support PIN to receive assistance.

8. Data Collection and Privacy

• Privacy Policy: By using the Software, you agree to the terms of the Instant Ladder Privacy Policy, which is incorporated by reference.

• Collected Information: Licensor may collect data about Software usage to:

➟ Improve performance or develop new features.

➟ Verify compliance with this Agreement.

9. Intellectual Property Rights

• Licensee receives no ownership interest in the Software or Documentation.

• Licensor and its licensors own all right, title, and interest in the Software and related Intellectual Property Rights.

10. Term and Termination

• Term: Defined in the Order Form or signup agreement.

• Termination by Licensee: Licensee can terminate by ceasing to use the Software and destroying all copies of Documentation.

• Termination by Licensor: Licensor may terminate immediately if

➟ Licensee fails to pay.

➟ Licensee breaches any terms.

➟ Licensee becomes insolvent or bankrupt.

Upon termination, Licensee must stop using and destroy any copies of the Software and Documentation. No refunds are provided for early termination.

11. Warranty Disclaimer

The Software is provided “as is” without any warranty, express or implied. Licensor expressly disclaims warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

• No Indirect Damages: To the fullest extent allowed by law, Licensor is not liable for indirect, incidental, or consequential damages (e.g., lost profits or data).

• Liability Cap: The maximum liability of Licensor under this Agreement is limited to the total amount Licensee has paid Licensor in the 12 months before the claim arises.

13. Export Regulation

The Software may be subject to U.S. export laws. Licensee must comply with all applicable regulations and must not export or re-export the Software to restricted countries.

14. U.S. Government Rights

Any use of the Software by or on behalf of the U.S. Government is subject to restricted rights. Licensee agrees the Software is considered “commercial computer software.”

15. Dispute Resolution

• Agreement to Arbitrate: All disputes arising out of or related to this Agreement shall be resolved by confidential binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA).

• No Class Actions: Each party may only bring disputes in an individual capacity, not as a class or group representative.

• Exceptions: Licensor may pursue injunctive relief in court to prevent unauthorized use of the Software or to protect its intellectual property.

16. Miscellaneous

• Governing Law: This Agreement is governed by the laws of the United States, without regard to conflict-of-law rules.

• Force Majeure: Licensor is not liable for delays or defaults caused by events beyond its reasonable control (e.g., natural disasters, labor disputes)

• Notices: Must be given in writing, and are considered delivered when (a) hand-delivered, (b) sent by recognized courier, (c) emailed during normal business hours with confirmation, or (d) posted within the Software if applicable.

• Entire Agreement: This Agreement, together with any documents incorporated by reference, constitutes the entire agreement between the parties regarding the Software.

• Assignment: Licensee cannot assign this Agreement without Licensor’s prior written consent. Licensor may assign its rights freely.

• Severability: If any part of this Agreement is ruled unenforceable, the remaining parts still apply.

• Headings: Section headings are for convenience only and do not affect interpretation.

By using this website, you confirm that you have read, understood, and agreed to these terms and conditions.

If you have any questions or concerns about this EULA, please consult the full legal text or contact Instant Ladder directly.