This Software as a Service (SaaS) Agreement ("Agreement") is entered into between Club 720® ("Service Provider") and the user ("Client" or "You") of the Club 720® app and associated services (collectively referred to as the "Services"). By accessing and using the Services, You agree to be bound by the terms and conditions of this Agreement. If You do not agree to this Agreement, You should not use the Services.

1. Provision of Services

Club 720® agrees to provide You with access to its mobile application and related services, subject to the terms and conditions of this Agreement. The Services are provided on a subscription basis, and the specific features available to You will depend on the plan You have selected. Club 720® reserves the right to modify or discontinue certain features of the Services at its discretion, provided that such changes do not materially reduce the functionality of the Services for Your subscription level.

2. License and Access

Subject to the terms and conditions of this Agreement, Club 720® grants You a non-exclusive, non-transferable, and limited right to access and use the Services for personal or business purposes, in accordance with the selected subscription plan. You may not share, sell, resell, or commercially exploit the Services without prior written consent from Club 720®. Any unauthorized use of the Services is prohibited and may result in the termination of Your account.

3. User Responsibilities

You are responsible for:

• Maintaining the confidentiality of Your account information and login credentials.

• Ensuring that all activities conducted through Your account comply with this Agreement and applicable laws.

• Providing accurate and complete information during the registration and use of the Services.

You agree not to:

• Use the Services in any unlawful manner, including for fraudulent or deceptive purposes.

• Interfere with or disrupt the integrity, security, or performance of the Services.

• Reverse engineer, disassemble, decompile, or attempt to derive the source code of the Services, except as permitted by law.

4. Fees and Payment

The fees for the Services are outlined during the sign-up process and may vary depending on the subscription plan selected. All fees are non-refundable unless otherwise specified in writing. Club 720® reserves the right to change the fees at any time, with 30 days' notice to You. Failure to pay any fees when due may result in suspension or termination of Your access to the Services.

5. Data Privacy and Security

Your privacy is important to us. Club 720® will collect, use, and share Your personal information as described in our Privacy Policy. We implement industry-standard security measures to protect Your personal data and ensure the confidentiality and integrity of Your information. However, You acknowledge that no method of transmission over the internet is entirely secure, and we cannot guarantee absolute security. You agree to notify us promptly if You suspect any breach of security related to Your account.

6. Service Availability and Uptime

Club 720® will make commercially reasonable efforts to provide You with access to the Services 24/7, except for planned downtime for maintenance or upgrades. We do not guarantee uninterrupted or error-free access to the Services. The Services may be unavailable from time to time due to factors beyond our control, and no refunds or credits will be issued for any temporary interruptions.

7. Disclaimer of Warranties

The Services are provided "as is" and "as available," without warranty of any kind. Club 720® expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that the use of the Services is at Your sole risk.

8. Limitation of Liability

To the fullest extent permitted by law, Club 720® shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to Your use of or inability to use the Services, even if advised of the possibility of such damages. Club 720®'s total liability under this Agreement shall not exceed the total fees paid by You for the Services in the 12 months preceding the claim.

9. Termination

Either Party may terminate this Agreement at any time with written notice. Upon termination, Your access to the Services will be revoked, and You will no longer have access to any data associated with Your account unless otherwise specified by law. Club 720® reserves the right to terminate or suspend Your access to the Services immediately if You violate any of the terms of this Agreement or engage in fraudulent or illegal activity.

10. Intellectual Property

All intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets, in the Services and any associated materials are owned by Club 720®. You may not use, copy, reproduce, modify, distribute, or display any part of the Services without prior written permission from Club 720®. Unauthorized use of the Services may result in civil or criminal penalties.

11. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state of Indiana, without regard to its conflict of law principles. Any disputes arising under this Agreement shall be resolved through binding arbitration, conducted under the rules of the American Arbitration Association. The arbitration shall take place in the state of Indiana, and the language of the arbitration shall be English. Each party shall bear its own costs in the arbitration, except as otherwise required by law.

12. Modifications to Agreement

Club 720® reserves the right to modify this Agreement at any time by posting the updated Agreement on its website or app. You will be notified of any material changes, and Your continued use of the Services following any modifications will constitute Your acceptance of the updated terms. If You do not agree with the modifications, You may terminate the Agreement by ceasing use of the Services.

13. Contact Information

For any questions or concerns about this Agreement, please contact Club 720® at support@club720.org.