1. Nature of Services and Plan Description

{{GROUP_NAME}} Plan is a flexible payment plan which offers consumers the ability to pay for goods or services in installments. SUBSCRIBILI’S FLEX SERVICES AND PLAN DO NOT PROVIDE INSURANCE OF ANY TYPE.

2. Enrollment and Payments.

• You agree to make the number of installment payments specified in connection with your selection for products/services rendered or scheduled. Installment payments shall occur automatically on the card selected per the payment schedule until all applicable installment payments have been made. Unless otherwise agreed, payments are non-cancellable and non-refundable. All amounts are in US Dollars.
• By clicking [accept], you authorize Subscribili Inc to debit the bank account specified above for any amount owed for charges arising from your use of {{GROUP_NAME}} services and/or purchase of products from {{GROUP_NAME}}, pursuant to “{{GROUP_PATIENT_PORTAL}}/shop’ website and terms, until this authorization is revoked. You may amend or cancel this authorization at any time by providing notice to {{GROUP_NAME}} with 30 (thirty) days notice.
• If you use {{GROUP_NAME}} services or purchase additional products periodically pursuant to Plan Website’ terms, you authorize Subscribili Inc to charge your credit card or bank account periodically on behalf of {{GROUP_NAME}}. Payments that fall outside of the regular debits authorized above will only be debited after your authorization is obtained.
• Company uses a third-party payment processor (the “Payment Processor”) to process electronic payments of subscription Fees. Company is not responsible for any error by, or other acts or omissions of, the Payment Processor. By enrolling in a Plan or adding a new subscriber to a Plan, you agree to pay Company, through the Payment Processor, the applicable subscription Fees and you authorize Company, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. Surcharges may be applied to subscriber charges for use of third-party payment processors and applicable overheads as allowed by applicable state law. If there are any changes in the surcharges, Subscribili will alert the  Subscribers of those changes. 
• YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, Bank Account Information, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY COMPANY OR THE PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT COMPANY MAY CONTINUE CHARGING YOU FOR subscription FEES UNTIL YOU HAVE CANCELED YOUR PARTICIPATION IN A PLAN PURSUANT TO SECTION 7 OF THESE subscriber TERMS.
• You may change your Payment Method at any time by contacting Customer Support or by using the self-service subscriber portal on Plan website. Subscribili will  discontinue using any automatic account withdrawals, including, but not limited to electronic fund transfers and automatic credit card and/or debit card charges, upon  receiving a Plan Subscriber’s written request to terminate or alter the method of payment. 
• You further acknowledge and agree that your information may be collected and stored by our third-party service provider in accordance with the Privacy Policy  and any applicable state or federal law, rule or regulation.

3. Changes to this Agreement 

We may amend this Agreement from time to time. If we make any changes to this Agreement that we deem to be material, we will notify you in advance of such changes via the email address associated with your Account. If you do not have an Account, it is your responsibility to review this Agreement, available on the {{GROUP_PATIENT_PORTAL}}/shop website from time to time to see if it has changed. If you do not agree with the changes, do not use the Services.

4. CONSENT TO ELECTRONIC COMMUNICATIONS

• If you become a plan member, we may use automated telephone dialing, text messaging systems and  electronic mail to provide messages to you about matters related to your enrollment matters, such  as scheduled payments, missed payments, support, and other important information. With this agreement you  give us permission to  communicate information to you by telephone, text messaging, chat messaging & e-mail 
• The  telephone messages may be played by a machine automatically when the telephone is answered,  whether answered by you or someone else. You give us your permission to call or send a text  message to any telephone number you have given us or you give to us in the future and to play  pre-recorded messages or send text messages over the phone. If a telephone  number(s) you have provided to us changes, or if you cease to be the owner, Plan member or primary  user of such telephone number(s), you agree to immediately give us notice of such facts so that we  may update our records
• You understand that, when you receive such  calls, texts, or e-mails, you may incur a charge from the company that provides you with  telecommunications, wireless and/or internet services.  You agree that We will not be liable to  you for any fees, inconvenience, annoyance or loss of privacy in connection with such calls, texts,  or e-mails. You understand that anyone with access to your telephone or email account may listen  to or read the messages, notwithstanding our efforts to communicate only with you.
• You consent to receive communications from us electronically. You agree that (a) all agreements  and consents can be signed electronically and (b) all notices, disclosures, and other  communications that we provide to you electronically satisfy any legal requirement that such  notices and other communications be in writing.

5. Cancellation

5.1 You may cancel your Subscription at any time by contacting Customer Support to request cancellation or using the self serve portal. You will receive a full refund of subscription Fees paid to Company if (i) the cancellation request is received within the first thirty (30) days of the purchase  (the “Cancellation Window”), and (ii) no services have been provided under the Plan during the current term.

5.2 The Company reserves the right to immediately cancel your Plan Purchase without prior notice at  any time and for any reason, including non-payment of invoices. 

5.3 If you wish to cancel your Plan Purchase, please send a cancellation notice with your  name and purchase invoice to Customer Services via mail or email to care@subscribili.com to request cancellation. Written notice of cancellation is deemed given when (i) sent via email to the  correct address, or (ii) deposited in a mailbox, properly addressed, and postage prepaid to  Subscribili Inc., 5900 Balcones Drive, Suite 100, Austin, TX 78731 Attention: Subscribili Inc. We will review your cancellation notice, and shall refund, as appropriate, on a case by case basis. 

6. Questions and Complaints 

If you have any questions, complaints or claims with respect to the Subscribili Flexible Payment Plan  Services, those must be submitted, in writing, to us via email at care@subscribili.com or by mail to Subscribili Inc., 5900 Balcones Drive, Suite 100, Austin, TX 78731 Attention: Subscribili Inc. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

7. Miscellaneous Terms

• Warranty Disclaimer. Company and its partners, affiliated entities, and each of their respective officers, directors, subscribers, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Company and all such parties together, the “Company Parties”) make no representations or warranties concerning the Plan, including without limitation the quality of services rendered by Providers, and the Company Parties will not be responsible or liable for any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Plan. THE PLAN IS PROVIDED BY COMPANY ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
• Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCI<industry>, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, (B) ANY SUBSTITUTE SERVICES, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO COMPANY IN CONNECTION WITH THE PLAN IN THE TWELVE
• (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM OR (D) ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCI<industry> OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
• Assignment. You may not assign, delegate or transfer these subscriber Terms or your rights or obligations hereunder, or your Plan account without Company’s prior written consent. Company may transfer, assign, or delegate these subscriber Terms and our rights and obligations without consent.
  
• Choice of Law. These subscriber Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, without regard to the conflicts of laws provisions thereof.
• Arbitration Agreement. Please read the following Arbitration Agreement carefully because it requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from Company. Both you and Company acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these subscriber Terms, Company’s officers, directors, employees and independent contractors (“Personnel”) are third- party beneficiaries of these subscriber Terms, and that upon your acceptance of these subscriber Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these subscriber Terms against you as the third-party beneficiary hereof.
  • Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these subscriber Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Austin, Texas. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
  • Costs of Arbitration. The Rules will govern payment of all arbitration fees. Company will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Company will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
  • Waiver of Jury Trial. YOU AND COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Company are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Company over whether to vacate or enforce an arbitration award, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
  • Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Company is entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth in (6) below.
  • Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the address set forth above, postmarked within thirty (30) days of first accepting these subscriber Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of this arbitration agreement.
  • Exclusive Venue. If you send the opt-out notice in (5), and/or in any circumstances where the foregoing arbitration agreement permits either you or Company to litigate any dispute arising out of or relating to the subject matter of these subscriber Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Company agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Travis County, Texas or the federal district in which that county falls.
  • Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with the Company.