PURCHASE AGREEMENT
Please read this Purchase Agreement carefully before purchasing or using any FreedomSoft Product, membership, or subscription. By completing your purchase, activating a subscription, or using a FreedomSoft Product, you acknowledge that you have read, understood, and agree to be bound by this Purchase Agreement.
This Purchase Agreement is a legally binding contract between you and FreedomSoft303, LLC ("FreedomSoft," "Seller," "we," "our," or "us"). It explains the rights, responsibilities, and obligations of both you and FreedomSoft regarding your purchase and use of the Product. This Agreement contains important provisions regarding payment obligations, recurring subscriptions, usage-based charges, cancellations, refunds, warranties, limitations of liability, dispute resolution, and other legal rights. Please review it carefully before completing your purchase. If you do not agree to the terms of this Purchase Agreement, you should not purchase or use any FreedomSoft Products.
Parties to this Purchase Agreement
The parties to this Purchase Agreement are FreedomSoft303, LLC, doing business as FreedomSoft ("Seller," "FreedomSoft," "we," "our," or "us"), and the individual or entity purchasing or using a FreedomSoft Product ("Buyer," "you," or "your").
Any person or entity that is not a party to this Purchase Agreement, including but not limited to suppliers, joint venture partners, membership organizations, or sales affiliates, is referred to in this Agreement as a "Third Party" or "Third Parties." If a Product is purchased by one person or entity for the benefit or use of another person or entity, the recipient of the Product shall be considered the Buyer under this Purchase Agreement and shall be subject to the same rights, responsibilities, duties, and obligations as the individual or entity that completed the purchase.
Subject Matter of this Purchase Agreement
The subject matter of this Purchase Agreement is the Product, membership, subscription, license, or other offering purchased by Buyer (collectively, the "Product"), as described on Seller's website, order page, promotional materials, emails, or other sales materials applicable to the purchase. Such materials are incorporated into this Purchase Agreement by reference and form part of the agreement between Buyer and Seller. For purposes of this Purchase Agreement, "Product" includes all products, memberships, subscriptions, software, digital content, licenses, features, upgrades, recurring subscriptions, usage-based services, credits, and any other items or benefits included with or purchased in connection with Buyer's order, whether provided at the time of purchase or added in the future.
Credits
Credits may be purchased separately, included with a recurring subscription, or added to a Buyer's account through a promotion or as part of any FreedomSoft Product. Credits may be used to purchase or access certain FreedomSoft Products, features, services, usage-based services, or functionality, as designated by Seller. Credits have no cash value, are non-transferable, and may be used only within the FreedomSoft platform for their intended purpose. Credits are not redeemable for cash, are not refundable, and may not be exchanged for any other Product, service, or monetary value. All Credit purchases are final. Unless otherwise required by applicable law or expressly authorized by Seller in writing, any unused Credits are forfeited upon cancellation or suspension of the applicable Product or Buyer's account.
Usage-Based Products and Services
Certain FreedomSoft Products, including but not limited to phone services, AI services, and other usage-based features, may include recurring subscription fees, usage charges, or both. Buyer may purchase or activate usage-based Products within the FreedomSoft application. Certain Products, such as phone numbers, are billed as recurring monthly subscriptions. In addition, Buyer may incur usage charges based on actual consumption of services, including but not limited to phone calls, SMS text messages, voicemails, call recording, AI services, or other metered functionality offered by Seller. Usage charges are billed in arrears based on actual usage during the applicable billing period. Buyer authorizes Seller to automatically charge the authorized payment method on file for all recurring subscription fees, usage charges, overage charges, and any applicable taxes or fees associated with such Products. Buyer further authorizes Seller to make reasonable attempts to collect any unpaid recurring subscription fees, usage charges, overage charges, or other amounts due under this Purchase Agreement using the authorized payment method on file until such amounts are paid or the account is otherwise resolved. Usage-based Products may be canceled at any time through the FreedomSoft application or as otherwise designated by Seller. Cancellation or suspension of a Product does not relieve Buyer of responsibility for any recurring charges, usage charges, or other amounts incurred prior to the effective date of cancellation or suspension. Buyer may receive one final invoice or charge for any outstanding balance incurred before the Product was canceled or suspended. There are no full or partial refunds for recurring subscription fees, usage charges, or overage charges associated with usage-based Products.
Refund Policy and Cancellations
Unless otherwise expressly stated by Seller in writing, Buyer may request a refund within thirty (30) days of the initial purchase date of a Product or the initial start date of a recurring subscription ("Refund Period"). To request a refund, Buyer must contact Seller's Support Team at support@freedomsoft.com within the Refund Period. Seller will work with Buyer to resolve the issue and, if appropriate under this Purchase Agreement, process an eligible refund. After the Refund Period has expired, all sales are final. Buyer may cancel a recurring subscription at any time; however, cancellation requests must be submitted prior to the next scheduled billing date to avoid future recurring charges. Cancellation requests may be initiated within the FreedomSoft application, if available for the applicable Product, or submitted in writing to support@freedomsoft.com. Refunds or Credits will not be provided for any partial subscription period, unused subscription time, unused Credits, usage-based charges, activation fees, setup fees, or other fees already incurred, unless otherwise required by applicable law or expressly authorized by Seller. Use of certain Product features may affect refund eligibility. For example, the use of Lead Finder Credits or the export of Lead Finder leads will void Buyer's eligibility for a refund of the applicable recurring subscription. Buyer is eligible for one (1) refund per Product or recurring subscription during Buyer's lifetime. Once Buyer has received a refund for a particular Product or recurring subscription, Buyer is no longer eligible for another refund for that same Product or recurring subscription, regardless of any change in subscription level, plan, pricing, or promotion. Buyer is limited to one (1) recurring subscription trial per lifetime. Buyer may not request or receive a refund based upon a lack of financial success, income, profits, business results, or any other reason that is inconsistent with Seller's Earnings and Results Disclaimer. Seller will use commercially reasonable efforts to respond to refund requests and cancellation notices within one (1) to two (2) business days and, when approved, process refunds within one (1) to two (2) business days thereafter. Buyer acknowledges that Seller has no control over the time required for Buyer's financial institution or payment provider to post refunded funds to Buyer's account.
Rights and Obligations of the Buyer
Buyer agrees to pay all fees, charges, and other amounts due for the Product in accordance with this Purchase Agreement, including the purchase price, recurring subscription fees, usage-based charges, applicable taxes, and any other amounts incurred through Buyer's use of the Product. By purchasing or using a Product, Buyer consents to receive communications from Seller related to Buyer's account, Products, subscriptions, billing, support, product updates, service announcements, security notifications, legal notices, and other operational communications. Buyer may also receive marketing communications from Seller, which Buyer may opt out of as permitted by applicable law. Buyer acknowledges that certain transactional or legal communications may continue to be sent regardless of Buyer's marketing communication preferences. Buyer acknowledges that Seller's collection, use, storage, and disclosure of personal information are governed by Seller's Privacy Policy, which is incorporated into this Purchase Agreement by reference. By purchasing or using a Product, Buyer consents to Seller's collection and use of such information as described in the Privacy Policy. Buyer understands that FreedomSoft may use cookies, pixels, and similar technologies to operate, secure, improve, and personalize the Product and related services. Buyer may disable or limit certain browser technologies; however, doing so may limit the functionality or availability of certain Product features.
Credit Card Charges and Fraud
Buyer represents and warrants that Buyer is at least eighteen (18) years of age, has the legal capacity to enter into this Purchase Agreement, and is the authorized user or account holder of any payment method used to purchase a Product or pay any amounts due under this Purchase Agreement. Seller reserves the right to investigate any suspected fraudulent transaction, unauthorized payment, chargeback, refund abuse, or other misuse of the payment process. Buyer authorizes Seller to communicate with Buyer's payment processor, financial institution, or payment card issuer, as reasonably necessary to investigate or respond to suspected fraud or unauthorized payment activity. Buyer agrees not to initiate or cause any fraudulent chargeback, payment dispute, or refund request. If Buyer receives a refund through fraudulent means, initiates an unauthorized or fraudulent chargeback, or otherwise causes Seller to incur fees, losses, or expenses as a result of fraudulent payment activity, Seller may, to the extent permitted by applicable law:
· recover any unpaid amounts owed under this Purchase Agreement;
· charge or reattempt collection using the authorized payment method on file for any valid amounts owed;
· recover any reasonable chargeback fees, bank fees, collection costs, and other reasonable expenses incurred in connection with such fraudulent activity and may pursue any additional remedies available under this Purchase Agreement or applicable law.
Guarantee and Warranty
Seller provides the Product on an "as is" and "as available" basis without any guarantee or warranty regarding the results, performance, availability, or suitability of the Product for Buyer's particular needs. To the fullest extent permitted by applicable law, Seller disclaims all warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or uninterrupted availability. Seller does not warrant that the FreedomSoft website, Products, software, services, content, or related systems will be uninterrupted, error-free, secure, or free from viruses, malware, or other harmful components. Buyer is responsible for implementing appropriate safeguards to protect Buyer's hardware, software, systems, and data. To the fullest extent permitted by applicable law, Seller shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the use of, or inability to use, the Product, except as expressly provided in a written agreement signed by Seller. Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. To the extent such laws apply, portions of this section may not apply to Buyer.
Assumption of Risk
Buyer acknowledges that the use of the Product is voluntary and assumes all risks associated with its use, including compliance with applicable laws, regulations, licensing requirements, tax obligations, and business practices. Buyer is solely responsible for determining whether the Product is appropriate for Buyer's intended personal or business use and for ensuring that such use complies with all applicable laws and regulations.
Earnings and Results Disclaimer
Seller makes no representation, warranty, or guarantee regarding Buyer's income, profits, business success, financial results, or other outcomes from the use of the Product. Any examples, testimonials, case studies, or success stories provided by Seller are for illustrative purposes only and are not a promise or guarantee of future results. Individual results will vary based on numerous factors beyond Seller's control. Buyer acknowledges that all business decisions, actions, and results are solely Buyer's responsibility.
Privacy Policy
Buyer acknowledges that Buyer has read, understands, and agrees to Seller's Privacy Policy, which is incorporated into this Purchase Agreement by reference.
Terms of Use
Buyer acknowledges that Buyer has read, understands, and agrees to Seller's Terms of Use, which are incorporated into this Purchase Agreement by reference.
Indemnification
Buyer agrees to indemnify, defend, and hold Seller, its affiliates, officers, directors, employees, agents, and representatives harmless from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to Buyer's misuse of the Product, violation of this Purchase Agreement, violation of applicable law, or infringement of the rights of any third party, to the extent permitted by applicable law.
Right to Modify, Suspend, or Discontinue Products
Seller reserves the right, in its sole discretion, to modify, suspend, discontinue, replace, or retire any Product, feature, functionality, service, membership, subscription, or related support at any time, with or without notice. Seller may also discontinue support for any Product, feature, or version as part of its normal product lifecycle or for business, operational, legal, security, or technical reasons. Discontinuation of a Product or service does not relieve Buyer of any payment obligations incurred prior to the effective date of such discontinuation.
Arbitration
Any dispute, controversy, or claim arising out of or relating to this Purchase Agreement, the Product, or the relationship between Buyer and Seller shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the AAA Commercial Arbitration Rules then in effect, except as otherwise required by applicable law. Unless otherwise required by applicable law or agreed to by the parties, the arbitration hearing shall take place in Denver County, Colorado.
The prevailing party in any arbitration or legal proceeding arising out of or relating to this Purchase Agreement shall be entitled to recover its reasonable attorneys' fees, arbitration costs, court costs (if applicable), collection costs, and other reasonable expenses incurred in connection with the dispute, to the extent permitted by applicable law.
Jurisdiction and Venue
If any action relating to this Purchase Agreement is permitted to proceed in a court of law, whether before, during, or after arbitration, Buyer agrees that the exclusive jurisdiction and venue for such action shall be the state or federal courts located in or serving Denver County, Colorado, and Buyer consents to the personal jurisdiction of such courts.
Applicable Law
This Purchase Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.
Notice
Buyer agrees to receive notices relating to this Purchase Agreement, including notices regarding changes to this Purchase Agreement, Products, subscriptions, billing, cancellations, modifications, legal notices, service of process where permitted by applicable law, and other communications relating to Buyer's account or use of the Product, at the email address associated with Buyer's account or otherwise provided to Seller. Buyer acknowledges that requests to unsubscribe from marketing communications do not apply to transactional, operational, billing, security, legal, or other communications necessary to administer Buyer's account, enforce this Purchase Agreement, or comply with applicable law.
Modification
Seller reserves the right to modify or update this Purchase Agreement at any time in its sole discretion. Any modifications or updates will become effective upon posting the revised Purchase Agreement on Seller's website or otherwise making it available to Buyer.
Buyer's continued purchase, use of, or access to any Product after the effective date of a revised Purchase Agreement constitutes Buyer's acceptance of the modified terms.
Severability
If any provision of this Purchase Agreement is determined to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of this Purchase Agreement shall remain in full force and effect.
No Waiver
Seller's failure to enforce any provision of this Purchase Agreement or delay in exercising any right or remedy shall not constitute a waiver of that provision, right, or remedy, nor shall it prevent Seller from enforcing any provision of this Purchase Agreement at a later time.
Seller Contact Information
The Seller of this Product is:
FreedomSoft303, LLC
5023 W 120th Ave #102
Broomfield, CO 80020
Phone: 888-866-2853
Final Acceptance
By taking the affirmative step of purchasing a Product, service, or membership, Buyer acknowledges that Buyer has read, understood, and accepted the terms of this Purchase Agreement. Buyer further agrees that such affirmative electronic acceptance shall have the same force and effect as Buyer's handwritten signature.
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