Terms of Service

Effective date: May 24, 2026|Last updated: May 24, 2026

These Terms of Service (the “Agreement”) form a binding legal contract between you and the entity you represent (collectively, “Customer,” “you,” or “your”) and Launchpad, LLC, a South Carolina limited liability company with offices at 5181 Hwy 17 N, Awendaw, SC 29429 (“Launchpad,” “we,” “our,” or “us”). This Agreement governs your access to and use of the LaunchPad OS software-as-a-service platform, related websites, mobile applications, APIs, integrations, and any other products or services made available by Launchpad (collectively, the “Service”). This Agreement is also referred to in product as the End User License Agreement (EULA).

Please read this Agreement carefully.By clicking “I agree,” signing an order form referencing this Agreement, creating an account, or accessing or using the Service, you agree to be bound by this Agreement. If you do not agree, you may not access or use the Service. If you are accepting this Agreement on behalf of an organization, you represent that you have the authority to bind that organization, and “Customer” refers to that organization.

1. Definitions

The following capitalized terms have the meanings set forth below:

  • “Affiliate” means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of more than fifty percent (50%) of the voting interests.
  • “Authorized User” means an employee, contractor, or agent of Customer who is authorized by Customer to access and use the Service under Customer’s account and for whom a subscription seat has been purchased (where applicable).
  • “Customer Data” means any data, content, files, records, text, images, audio, video, messages, contacts, property information, financial information, or other information that Customer or its Authorized Users or End Users upload to, submit to, or generate within the Service, excluding Aggregated Data and Service Data.
  • “Documentation” means the user guides, help content, and technical documentation made available by Launchpad for the Service, as updated from time to time.
  • “End User” means a client, prospect, vendor, or other third party of Customer who interacts with Customer through features of the Service (for example, customer portals, e-commerce checkout, proposal acceptance, SMS, email, chat, or voice features).
  • “Order Form” means an ordering document, online checkout page, quote, or proposal executed or accepted by Customer that references this Agreement and specifies the subscription plan, fees, term, and any other commercial terms.
  • “Service Data” means logs, telemetry, configuration data, performance metrics, error reports, and other operational data generated by Launchpad in the course of operating, monitoring, securing, and improving the Service.
  • “Subscription Term” means the period during which Customer is authorized to access the Service, as specified in the applicable Order Form (and any renewal term).
  • “Third-Party Service” means any product, application, integration, API, dataset, or service provided by a third party that interoperates with the Service.

2. License Grant and Permitted Use

Subject to Customer’s compliance with this Agreement and timely payment of all applicable fees, Launchpad grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the Subscription Term to access and use the Service, solely for Customer’s and its Affiliates’ internal business purposes and only through Authorized Users.

Customer may permit End Users to interact with portions of the Service that are designed to be End-User-facing (such as client portals, proposal acceptance, payment pages, SMS/email conversations, and similar features), subject to Customer’s responsibility for End Users as set forth in this Agreement.

3. Accounts and Security

Customer is responsible for: (a) the accuracy, integrity, and legality of all account information and Customer Data; (b) maintaining the confidentiality of all account credentials; (c) all activities that occur under its accounts and those of its Authorized Users; and (d) promptly notifying Launchpad of any unauthorized access or other suspected security incident affecting the Service. Each Authorized User account must be used by a single named individual; sharing of credentials across multiple individuals is prohibited.

Launchpad employs commercially reasonable administrative, physical, and technical safeguards designed to protect the Service and Customer Data. However, no system is impenetrable, and Launchpad does not guarantee that the Service will be free of unauthorized access, interruptions, or errors.

4. Subscription Term, Orders, and Pilots

4.1 Annual Subscription

Subscriptions to the Service are sold on an annual basis. The Subscription Term for each Order Form is one (1) year unless otherwise specified, beginning on the start date identified in the Order Form (or, if none, the date on which Customer first accesses the Service).

4.2 Automatic Renewal

Unless either party gives the other written notice of non-renewal at least thirty (30) days before the end of the then-current Subscription Term, each Subscription Term will automatically renew for successive one-year periods at Launchpad’s then-current list rates for the applicable plan. Renewal pricing may differ from initial pricing.

4.3 Payment Cadence

Customer may elect to pay annual fees in advance either: (a) in a single annual payment; or (b) in twelve (12) equal monthly installments billed in advance each month. Regardless of payment cadence, Customer’s commitment is for the entire annual Subscription Term and all installments remain due. Selecting monthly payments does not convert the subscription to a month-to-month plan and does not entitle Customer to cancel mid-term.

4.4 Pilot Periods

Launchpad may, in its sole discretion, offer Customer a pilot or evaluation period of up to thirty (30) days (a “Pilot”). Pilots, if offered, will be specified in writing (which may include an Order Form or email). Customer may cancel during a Pilot by sending written notice to support@launchpad.bot before the end of the Pilot. If Customer does not cancel during the Pilot, the subscription automatically converts to a paid annual Subscription Term on the day after the Pilot ends. PILOTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.

4.5 No Refunds

Except as expressly stated in this Agreement, fees paid are non-refundable and committed amounts are non-cancellable. Downgrading a plan mid-term does not entitle Customer to a refund or credit.

5. Fees, Billing, and Taxes

5.1 Fees

Customer will pay all fees specified in the applicable Order Form. All fees are stated in U.S. dollars and are exclusive of taxes. Launchpad may charge for additional usage, overages, add-ons, or services beyond those included in the subscription plan.

5.2 Payment Method; Authorization

Customer authorizes Launchpad and its third-party payment processors (including Stripe) to charge the payment method on file for all applicable fees when due. Customer is responsible for keeping payment information current. If a charge fails, Launchpad may retry the charge and may suspend the Service in accordance with Section 15.

5.3 Late Payments

Amounts not paid when due will accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law, calculated from the due date until paid in full. Customer will reimburse Launchpad for all reasonable costs of collection, including attorneys’ fees.

5.4 Taxes

Customer is responsible for all sales, use, value-added, withholding, and similar taxes assessed on or arising from its use of the Service, other than taxes on Launchpad’s net income. Customer will provide a valid tax exemption certificate if applicable.

5.5 Disputed Charges

Customer must notify Launchpad of any disputed charge in writing within thirty (30) days of the invoice or charge date; otherwise, the charge will be deemed accepted.

6. Customer Data and Ownership

6.1 Ownership

As between the parties, Customer owns and retains all right, title, and interest in and to Customer Data. Launchpad does not claim ownership of Customer Data.

6.2 License to Launchpad

Customer grants Launchpad a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, process, modify, and create derivative works of Customer Data solely to: (a) provide, operate, maintain, and improve the Service for Customer; (b) prevent or address technical, security, or fraud issues; (c) comply with law or legal process; and (d) produce Aggregated Data and Service Data as described in Section 7.

6.3 Responsibility for Customer Data

Customer is solely responsible for the legality, accuracy, quality, and content of Customer Data, including ensuring that it has all rights, consents, and permissions necessary to upload Customer Data to the Service and to permit Launchpad’s processing as described in this Agreement and the Privacy Policy.

6.4 End-User Data

Customer is responsible for providing legally adequate notice to, and obtaining all necessary consents and authorizations from, End Users with respect to the collection, use, and disclosure of End-User data via the Service, including for SMS, email, voice, AI, location, and payment features.

7. Aggregated and Derived Data

Customer agrees that Launchpad may collect, generate, and use anonymized, de-identified, and/or aggregated data derived from Customer Data and from Customer’s and its Authorized Users’ use of the Service (“Aggregated Data”) for any lawful business purpose, including: developing and improving products and services; benchmarking and analytics; industry research and reporting; and creating and distributing trend reports. Aggregated Data and Service Data are owned by Launchpad. Launchpad will not include in any externally distributed Aggregated Data: (a) information that identifies Customer, any Authorized User, or any End User; or (b) raw Customer Data in identifiable form.

8. Acceptable Use; Prohibited Conduct

Customer will not, and will not permit any Authorized User or any third party to:

  • access or use the Service in violation of any applicable law, regulation, or third-party right;
  • use the Service to send unsolicited or unlawful messages of any kind, including in violation of the TCPA, CAN-SPAM, state telemarketing laws, or carrier rules;
  • use the Service to store, transmit, or process: (i) credit card or full payment card data outside of integrated payment processors; (ii) protected health information subject to HIPAA (Launchpad is not a HIPAA business associate); (iii) information protected under the Gramm-Leach-Bliley Act; (iv) information of children under 13 (or 16 where applicable); or (v) export-controlled or classified information;
  • attempt to gain unauthorized access to the Service, any related systems or networks, or any data not belonging to Customer;
  • reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas of the Service, except to the extent such restriction is prohibited by law;
  • copy, modify, translate, adapt, or create derivative works of the Service or Documentation;
  • rent, lease, sublicense, sell, assign, resell, or otherwise transfer the Service or make it available to any third party other than Authorized Users and End Users as expressly permitted;
  • use the Service to build a competing product or service, or to benchmark or compare the Service with competitive products without Launchpad’s prior written consent;
  • probe, scan, test the vulnerability of, or attempt to defeat any security or rate-limiting mechanism of the Service, except under a written authorized security testing agreement;
  • upload or transmit viruses, worms, trojans, ransomware, or other malicious code;
  • interfere with or disrupt the integrity or performance of the Service or the data contained therein;
  • use the Service to engage in fraud, deception, harassment, hate speech, threats of violence, stalking, or any illegal activity;
  • use automated means (including scrapers, bots, or crawlers) to access the Service except via Launchpad-published APIs and in accordance with their documentation and any rate limits;
  • use AI-generated outputs to make decisions producing legal or similarly significant effects on individuals without appropriate human review; or
  • remove, alter, or obscure any proprietary notices contained in or on the Service.

9. AI Features

The Service includes features that use artificial intelligence and machine learning (“AI Features”), including features that draft estimates, summarize conversations, generate text and other content, classify and route inputs, transcribe voice calls, and surface recommendations.

9.1 No Training on Customer Data

Launchpad does not use Customer Data to train its own AI models or those of its AI subprocessors. Launchpad uses AI subprocessors (such as OpenAI and Anthropic) under enterprise or API terms that contractually prohibit those providers from using Customer Data to train their models.

9.2 Nature of AI Outputs

AI Features generate predictions, suggestions, and content based on statistical patterns. AI outputs may be inaccurate, incomplete, biased, or otherwise unsuitable for a given purpose. AI outputs are not professional advice (legal, accounting, tax, medical, or otherwise). Customer is solely responsible for reviewing AI outputs before relying on them and for any decisions made on the basis of AI outputs.

9.3 Output Ownership

As between Customer and Launchpad, Customer owns the AI outputs generated specifically for Customer through its use of the Service, subject to Launchpad’s rights in the underlying Service and Aggregated Data. Customer acknowledges that AI Features may generate similar or identical outputs for other customers and that Customer has no exclusivity in such outputs.

9.4 Prohibited AI Uses

Customer will not use AI Features to: generate content that is illegal, defamatory, harassing, infringing, deceptive, or harmful; impersonate any person without authorization; produce sexually explicit content; or generate content intended to mislead an End User about whether they are interacting with a human, where such disclosure is required by law.

10. Third-Party Services and Integrations

The Service interoperates with various Third-Party Services (for example, HubSpot, QuickBooks Online, Stripe, Twilio, SendGrid, Google services, Mapbox, Nearmap, Regrid, and others). Third-Party Services are provided by their respective providers under their own terms and privacy policies, not by Launchpad. Customer’s use of any Third-Party Service is at Customer’s own risk, and Launchpad is not responsible for any Third-Party Service or for any acts or omissions of any third-party provider.

By enabling a Third-Party Service integration, Customer authorizes Launchpad to access and exchange Customer Data with that Third-Party Service as necessary to provide the integration. Launchpad is not responsible for any data Customer transmits to or receives from a Third-Party Service or for any actions taken by a Third-Party Service with Customer Data.

11. Intellectual Property

The Service and Documentation, including all software, source code, object code, user interfaces, designs, text, graphics, logos, trademarks, and all improvements, modifications, and derivative works thereof, together with all intellectual property and proprietary rights therein, are and will remain the sole and exclusive property of Launchpad and its licensors. No rights are granted to Customer other than as expressly set forth in this Agreement. All rights not expressly granted are reserved.

12. Feedback

If Customer or any Authorized User provides Launchpad with suggestions, comments, ideas, or other feedback regarding the Service (“Feedback”), Customer hereby grants Launchpad a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use, exploit, and incorporate the Feedback into the Service or any other Launchpad product or service, without any obligation or compensation to Customer.

13. Confidentiality

“Confidential Information” means non-public information disclosed by one party (the “Discloser”) to the other (the “Recipient”) that is identified as confidential or that should reasonably be understood to be confidential given its nature and the circumstances of disclosure. Customer Data is Customer’s Confidential Information. The Service, Documentation, pricing, and roadmap information are Launchpad’s Confidential Information.

The Recipient will: (a) use Confidential Information only to exercise its rights and perform its obligations under this Agreement; (b) protect Confidential Information using at least the same degree of care as it uses for its own confidential information (and in no event less than reasonable care); and (c) limit access to Confidential Information to its employees, advisors, and contractors who have a need to know and are bound by confidentiality obligations no less protective than this Section.

Confidential Information does not include information that: (i) is or becomes publicly available through no fault of the Recipient; (ii) was rightfully known to the Recipient without restriction before disclosure; (iii) is rightfully obtained by the Recipient from a third party without restriction; or (iv) is independently developed by the Recipient without use of or reference to the Discloser’s Confidential Information.

The Recipient may disclose Confidential Information to the extent required by law, provided that (where legally permitted) it gives the Discloser prompt notice and reasonable cooperation to seek a protective order.

14. Customer Communications and Authorizations

Launchpad provides features that enable Customer to send SMS, MMS, email, and voice communications to End Users using telephone numbers, sender identifiers, and email addresses provisioned through the Service. Customer is solely responsible for: (a) ensuring all such communications comply with applicable law, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, the FTC Telemarketing Sales Rule, state telemarketing and SMS laws, and carrier requirements (including 10DLC registration where applicable); (b) obtaining and maintaining records of all necessary consents from recipients; (c) honoring opt-out requests promptly; and (d) including all legally required disclosures and identifiers. Launchpad may suspend messaging features at any time to address compliance, deliverability, or abuse concerns.

15. Suspension

Launchpad may suspend Customer’s or any Authorized User’s access to the Service, with or without notice, if Launchpad reasonably determines that: (a) Customer’s use of the Service violates this Agreement; (b) Customer’s use poses a security, legal, or operational risk to the Service, Launchpad, or any other customer or third party; (c) Customer has failed to pay undisputed fees when due (subject to a ten (10) day cure period after written notice); or (d) suspension is required to comply with law or legal process. Launchpad will restore access promptly once the underlying cause is resolved. Suspension under this Section does not relieve Customer of its obligation to pay fees.

16. Term and Termination

16.1 Term

This Agreement begins on the date Customer first accepts it and continues until all Order Forms and Subscription Terms have expired or been terminated.

16.2 Termination for Cause

Either party may terminate this Agreement or any affected Order Form for cause if the other party: (a) materially breaches this Agreement and fails to cure the breach within thirty (30) days after written notice; or (b) becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, or assignment for the benefit of creditors.

16.3 Termination by Launchpad

Launchpad may terminate this Agreement immediately if Customer breaches Sections 6 (Customer Data and Ownership) [misuse], 8 (Acceptable Use), 13 (Confidentiality), or 28 (Export Controls and Sanctions).

16.4 Termination for Convenience

Customer does not have a right to terminate for convenience during a Subscription Term. Either party may decline to renew at the end of the then-current Subscription Term in accordance with Section 4.2.

17. Effect of Termination; Data Export

Upon expiration or termination of this Agreement: (a) Customer’s access to the Service will cease; (b) all unpaid fees for the remainder of the Subscription Term become immediately due and payable, except where this Agreement is terminated by Customer for Launchpad’s uncured material breach (in which case Launchpad will refund any pre-paid fees for the unfulfilled portion of the Subscription Term); and (c) each party will, upon request, return or destroy the other party’s Confidential Information in its possession, except as required to be retained by law or for legitimate backup or audit purposes.

Customer may request a copy of Customer Data within thirty (30) days after termination by contacting support@launchpad.bot. After such period, Launchpad has no obligation to retain Customer Data and may delete it from active systems in the ordinary course, subject to retention in backups for a limited additional period.

Sections that by their nature should survive termination (including Sections 1, 5, 6.1, 7, 11–13, 17–30) will survive.

18. Warranties and Disclaimers

18.1 Mutual Warranties

Each party represents and warrants that: (a) it has the full power and authority to enter into this Agreement; and (b) its execution and performance of this Agreement will not violate any other agreement to which it is a party or any applicable law.

18.2 Limited Service Warranty

Launchpad warrants that, during the Subscription Term, the Service will perform materially in accordance with the Documentation. Customer’s sole and exclusive remedy, and Launchpad’s entire liability, for breach of this warranty is for Launchpad to use commercially reasonable efforts to correct the non-conformity; if Launchpad is unable to do so within a reasonable time, Customer may terminate the affected Order Form and receive a pro-rata refund of pre-paid fees attributable to the unused portion of the Subscription Term.

18.3 Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICE AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND LAUNCHPAD DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LAUNCHPAD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE ACCURATE OR RELIABLE. AI OUTPUTS, ESTIMATES, FORECASTS, MAPPING DATA, PROPERTY DATA, AND THIRD-PARTY DATA ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND WITHOUT WARRANTY OF ACCURACY OR FITNESS FOR ANY PURPOSE.

19. Indemnification

19.1 By Launchpad

Launchpad will defend Customer against any third-party claim alleging that the Service, when used as authorized under this Agreement, infringes a U.S. patent, copyright, trademark, or trade secret of such third party, and will indemnify Customer against damages and costs finally awarded against Customer (or amounts paid in a settlement approved by Launchpad). If the Service is, or in Launchpad’s opinion is likely to become, the subject of an infringement claim, Launchpad may, at its option: (a) procure for Customer the right to continue using the Service; (b) modify or replace the Service to make it non-infringing without materially reducing functionality; or (c) terminate the affected Order Form and refund a pro-rata portion of pre-paid fees attributable to the unused portion of the Subscription Term. Launchpad has no obligation under this Section for claims arising from: (i) Customer Data; (ii) modifications to the Service not made by Launchpad; (iii) combination of the Service with non-Launchpad products or data; (iv) use of the Service in violation of this Agreement; (v) Third-Party Services; or (vi) Customer’s continued use of allegedly infringing portions of the Service after notice. This Section states Launchpad’s entire liability, and Customer’s sole remedy, for any infringement claim.

19.2 By Customer

Customer will defend Launchpad and its Affiliates, officers, directors, employees, and agents from and against any third-party claim arising out of or relating to: (a) Customer Data, including any claim that Customer Data violates law or infringes a third party’s rights; (b) Customer’s or any Authorized User’s or End User’s use of the Service in violation of this Agreement or applicable law; (c) communications sent by or on behalf of Customer through the Service (including SMS, voice, and email communications, and TCPA and similar claims); (d) Customer’s products or services sold or offered to End Users; or (e) integrations Customer enables with Third-Party Services. Customer will indemnify Launchpad against damages and costs finally awarded (or amounts paid in a settlement approved by Customer).

19.3 Procedure

The indemnified party must: (a) promptly notify the indemnifying party of the claim (failure to provide prompt notice will reduce the indemnifying party’s obligations only to the extent it is prejudiced by the delay); (b) give the indemnifying party sole control of the defense and settlement of the claim (provided the indemnifying party may not settle any claim in a way that adversely affects the indemnified party without consent); and (c) reasonably cooperate at the indemnifying party’s expense.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EACH PARTY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO LAUNCHPAD UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations in this Section do not apply to: (i) a party’s indemnification obligations; (ii) a party’s breach of its confidentiality obligations; (iii) Customer’s breach of Section 8 (Acceptable Use) or its payment obligations; or (iv) liability that cannot be excluded under applicable law (such as gross negligence, willful misconduct, or fraud).

The parties agree that the limitations in this Section are an essential part of the bargain between them, that the fees reflect this allocation of risk, and that the limitations will apply notwithstanding the failure of any limited remedy of its essential purpose.

21. Modifications to the Service and this Agreement

21.1 Service Changes

Launchpad continuously improves the Service and may add, modify, or remove features at any time. Launchpad will not materially decrease the core functionality of the Service during a Subscription Term; if it does, and the decrease materially impairs Customer’s use, Customer’s sole remedy is to terminate the affected Order Form and receive a pro-rata refund of pre-paid unused fees.

21.2 Agreement Changes

Launchpad may update this Agreement from time to time. If a change is material, Launchpad will provide notice by email or in-product notification at least thirty (30) days before the change takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Agreement. Non-material changes (such as clarifications, typographical corrections, and references to renamed third-party services) are effective when posted.

22. Governing Law; Venue; Jury Trial Waiver

This Agreement is governed by the laws of the State of South Carolina, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 23, the state and federal courts located in Charleston County, South Carolina will have exclusive jurisdiction over any dispute arising out of or relating to this Agreement, and each party irrevocably consents to such venue and waives any objection based on inconvenient forum.

EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE.

23. Dispute Resolution; Class Action Waiver

23.1 Informal Resolution

Before initiating any formal proceeding, the parties will attempt in good faith to resolve any dispute through informal negotiation between senior representatives for at least thirty (30) days after written notice of the dispute.

23.2 Class Action Waiver

ANY PROCEEDING TO RESOLVE A DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

23.3 Equitable Relief

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information.

24. Notices

Legal notices to Launchpad must be sent to support@launchpad.botwith a copy by certified mail to Launchpad, LLC, 5181 Hwy 17 N, Awendaw, SC 29429. Notices to Customer may be sent to the primary email address associated with Customer’s account or via in-product notification. Notices are deemed given when received (or, for email, when sent, provided no bounce-back is received).

25. Force Majeure

Neither party will be liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, war, terrorism, civil unrest, labor disputes, governmental action, epidemics or pandemics, internet or cloud provider outages, denial-of-service attacks, and third-party service failures. The affected party will use reasonable efforts to mitigate the impact.

26. Assignment

Customer may not assign or transfer this Agreement or any rights or obligations under it, whether by operation of law or otherwise, without Launchpad’s prior written consent. Any attempted assignment in violation of this Section is void. Launchpad may assign this Agreement without consent in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Subject to this Section, this Agreement will bind and inure to the benefit of the parties’ permitted successors and assigns.

27. U.S. Government End Users

The Service and Documentation are “commercial computer software” and “commercial computer software documentation” as those terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202. If acquired by or on behalf of any unit or agency of the U.S. Government, the Service and Documentation are licensed with only those rights set forth in this Agreement.

28. Export Controls and Sanctions

The Service is subject to U.S. export control and sanctions laws. Customer represents and warrants that: (a) it is not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions; (b) it is not on any U.S. government list of restricted or denied parties; and (c) it will not access or use the Service in violation of any export control or sanctions law, or to provide the Service to any party subject to such restrictions.

29. General Provisions

  • Entire Agreement. This Agreement, together with any Order Form, the Privacy Policy, and any other documents expressly incorporated by reference, constitutes the entire agreement between the parties regarding the Service and supersedes all prior or contemporaneous communications, proposals, and representations.
  • Order of Precedence. In the event of a conflict, the order of precedence is: (i) the Order Form; (ii) this Agreement; (iii) the Documentation.
  • No Waiver. The failure of either party to enforce any right or provision will not constitute a waiver of that right or provision.
  • Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
  • Independent Contractors. The parties are independent contractors. Nothing in this Agreement creates any partnership, joint venture, agency, or employment relationship.
  • No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties and does not confer any rights on any third party.
  • Counterparts; Electronic Signatures. This Agreement may be accepted electronically and in counterparts, each of which will be deemed an original.
  • Publicity. Launchpad may identify Customer as a customer and use Customer’s name and logo on its website and in marketing materials, subject to Customer’s reasonable branding guidelines provided in writing. Customer may opt out by contacting support@launchpad.bot.

30. Contact

Questions about this Agreement should be sent to support@launchpad.bot or by mail to Launchpad, LLC, 5181 Hwy 17 N, Awendaw, SC 29429.