TERMS OF USE AND SERVICE

1. The Term of the Agreement shall be for the period chosen above in the Service Plan section. This Agreement shall automatically renew for successive one-year terms. Subscriber can terminate this Agreement or reduce licenses from this Agreement within fifteen (15) days from the date of this agreement or thirty (30) days in advance to the end of contract term or any renewed term by written notice (certified mail and/or email) to the Reseller Address or e-Nabler address specified above and in the header of this document. In absence of a written notification to terminate this Agreement, renewal Term is applicable. If the Subscriber terminates service not as provided above, Subscriber is responsible and obligated for the payment of the remaining Contract Term.

2. Service is paid according to the Contract Term period chosen above in advance and as described in the Total Contract Term Fees box above.

3. Subscriber Account is in default if payment is not received before the due date (due date is the first day of each Contract Term cycle as specified above). Subscriber Accounts in default will be subject to service disconnection. Such interruption does not relieve Subscriber from the obligation to pay the balance of the contract term. There is a $99.00 re-connection fee in order to re-connect a Subscriber account.

4. If account is in default, Subscriber agrees to pay e-Nabler Corporation all the expenses and attorney fees related to the collection of the due payment.

5. Merchant acknowledges and agrees that e-Nabler is not a payment processor and does not provide, facilitate, or guarantee any payment processing services as part of its solution. E-Nabler offers vendor-agnostic payment processing compatibility, allowing the merchant to select a payment processing services provider that meets their business needs. With some versions of the software, the software is compatible with a specific payment processor as clearly disclosed during the software service sign up process. However, any and all payment processing services are provided exclusively by third-party payment processors selected and/or accepted by the merchant at their sole discretion. E-Nabler makes no representations or warranties, express or implied, regarding the availability, functionality, reliability, security, or compliance of any third-party payment processing services. Merchant further acknowledges and agree that e-Nabler shall not be liable for any errors, delays, failures, interruptions, losses, or damages—including, but not limited to, financial losses or data security breaches—arising from or related to the payment processing services provided by any third party. The merchant assumes full responsibility for evaluating, selecting, and maintaining a relationship with a payment processor and understands that any disputes, claims, or issues regarding payment processing shall be addressed exclusively with the third-party payment processor and not with e-Nabler.

6. This agreement shall be governed and construed in accordance with the laws of the Commonwealth of Puerto Rico. Subscriber acknowledges that it has entered into this Agreement in the Commonwealth of Puerto Rico. Subscriber agrees that all actions arising in connection with this agreement shall be litigated only in federal and state courts located in San Juan, Puerto Rico.

7. The use of eMobilePOS, eMobilePOS Kiosk, eMobilePOS BackOffice, and/or Tupyx constitutes an acceptance of its MASTER END USER SOFTWARE LICENSE AGREEMENT AND TERMS OF SERVICE.