Terms Of Use - Panoptyc

Terms Of Service

These Terms and Conditions (these “Terms”), together with the Order Form or other written agreement in which these Terms are referenced and the Privacy Policy located at https://panoptyc.com/policies/privacy-policy, together with the terms of any third-party-provided hardware or software a binding legal contract between Panoptyc, Inc. (“Panoptyc”), and the legal entity accepting this Agreement (“You” or “Your”). Capitalized terms used herein but not defined will have the meanings given to them in the Order Form. By executing the Order in which these Terms are referenced, You represent that You have the authority to enter into and agree to this Agreement and that You agree to abide by these Terms. Panoptyc reserves the right to change these Terms or any of its other policies relating to the Services (defined below), at any time in its sole discretion. Panoptyc shall notify You of such changes reasonably in advance of, but in no event less than 5 days prior to, the effective date. Continued use of the Services after any such changes have been notified to you shall constitute your agreement to them. If any changes are made to these terms and conditions, such changes will: (a) only be applied prospectively; and (b) not be specifically directed against You but will apply to all similarly situated Panoptyc customers using the Services. All prepaid fees for Products and Services covered by this Agreement are non-refundable.

Services – Generally.

1. 1. Panoptyc offers services to attempt to detect theft in unattended business locations, including, but not limited to retail, food service and hospitality establishments, including the Software, Reports, Products, Materials and Site (each as defined below, collectively the “Services”). Panoptyc provides such theft detection services through use and/or deployment of a combination of cloud-based software (“Software”), reports provided to You via API or software-as-a-service (“Reports”), hardware camera solutions (“Product”), certain audio and visual articles, including but not limited to text, images, photographs, video, documents and other materials used by Panoptyc or made available by Panoptyc to provide its theft detection services (collectively, “Materials”), issuing reports and access to and use of the website that hosts the Software (“Site”).
  2. In order to purchase any Products or Services You must execute an Order Form and open an account through the Site (“Account”). To open an Account, You must complete the registration process by providing Panoptyc with current, complete and accurate information as prompted by the registration form. Should Panoptyc suspect that such information is untrue, inaccurate, not current or incomplete, Panoptyc has the right to suspend or terminate this Agreement. Panoptyc is entitled to rely on the information You provide, and You will be responsible for updating this information to maintain it as current. Accounts are non- transferable and cannot be shared or used by more than one entity.
  3. Once You have registered, individual user logins will be provided for Your users and authorized guests, including non- transferable passwords for each end user You authorize to access and use the Site on Your behalf. You are and will be responsible for maintaining the confidentiality of all passwords, for all activities conducted on and with the Site that make use of any passwords, and for any charges or fees incurred by the use of any passwords, including any use You may subsequently contend was not authorized by You.

Products.

1. 1. If You purchase any Products, risk of loss of the Products shall pass to You at the location specified by You. You shall be responsible for and bear the expense of preparing and filing claims against any third-party carriers for loss or damage to the Products in transit. You acknowledge and agree that Your use of any third-party Products or Services is subject to the terms and conditions imposed by such third-party providers, including, without limitation, the Third-Party Products and Service terms, available at https://legal.rhombus.com/end-user-tos/sla. You agree to be responsible for Your and Your end users’ compliance with any such third-party terms. Panoptyc shall not be liable for any issues arising from the integration or compatibility of our Products with third-party platforms, regardless of whether access to such platforms is achieved through an API, software-as-a-service or other means.
  2. By buying cameras provided by Panoptyc, you agree to a 3-year subscription fee for video cloud storage associated with that camera.

License.

1. 1. Except as stated below, nothing contained in this Agreement will be deemed to grant any license, sublicense, copyright interest, proprietary rights, or other claim against or interest in any Software, Products, Materials, or this Site.
  2. Panoptyc and its licensors grant to You and your Sublicensees (as defined below) a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use and display Materials; and (b) use the tools on the Site to receive the Services; solely for Your and Your Sublicensees’ own internal, non-commercial use. All rights not expressly granted by Panoptyc to You are retained by Panoptyc, and You may not use the Materials or Site, and/or any element of the Services, in any manner or for any purpose not expressly authorized by this Agreement. The rights granted do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part. You may Sublicense the use of the Software to your customers, provided that such customers agree to be bound by these Terms, and you remain responsible for the actions of any of your customers in connection with the Services.

Service Levels.

Panoptyc agrees to provide the Services to You at a level of performance that is substantially consistent with the level of service provided to all similarly situated customers.

Cancellation Policy.

Panoptyc’s Cancellation and Refund Policy is available at [link].

Fees and Payment.

Prices for Products and Services are as set forth on the Order Form. The quoted Prices are exclusive of any applicable value added taxes or other sales or use taxes. Customer will pay any applicable value added taxes or other sales or use taxes applicable to the Products or Services. Payment terms are on a Net30 basis from the date of Panoptyc’s invoice to You unless otherwise provided in the Order Form or in a written agreement executed by both Panoptyc and You. Upon execution of the Order Form, or equivalent, your payments will be subject to the AUTOMATIC PAYMENTS provisions attached hereto.

Compliance with Applicable Law.

Privacy laws and other applicable laws in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of Panoptyc, to ensure that You comply with any applicable laws when You use the Products and Services, including but not limited to:
1. any laws or regulations relating to the recording or sharing of video or audio content;
2. any laws or regulations requiring that notice be given to or that consent be obtained with respect to your use of the Products or Services; and/or
3. any laws or regulations requiring that installation of any Product which takes visual and/or audio recordings be installed at such an angle that it does not take any recordings beyond the boundary of your property (including public pavements or roads);
4. any laws or regulations governing the monitoring of employees in the workplace; and
5. any laws or regulations governing the use of facial recognition technologies.

Your Responsibilities.

Required Signage. Depending on your jurisdiction, there may be laws, rules, or regulations requiring entities with video recording capabilities to post a notice of such recording. As such, You are required at all times that any Products and Services are in use, to display a conspicuous notice of the use of the Products and Services that contains a link to this Agreement and the Privacy Policy. You, not Panoptyc, will be responsible for compliance with all notice requirements in accordance with applicable law.
Facial Recognition. You will maintain signage at conspicuous locations to inform individuals about the use of facial recognition technology in Your premises.
Use of Your Account. You are solely responsible for any and all activities that occur under Your Account including inputting, maintaining, and managing accurate information and ensuring that You exit or log-off from your Account at the end of each session of use. You shall notify Panoptyc immediately of any unauthorized use of your password or Account or any other breach of security that is known or suspected by You. You shall also use Your best efforts to stop immediately any copying or distribution of the Site that is known or suspected by You. Panoptyc shall not be responsible for any unauthorized access to, or alteration of, Your transmissions or Data, any material, information or data sent or received, regardless of whether the data is actually received by Panoptyc, or any transactions entered into through the Service or failure to abide by this Agreement.
Your Data. You, not Panoptyc, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data. You shall maintain separate records of Your Data and shall be responsible for its back-up and storage. Panoptyc shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data, or for any actions or omissions which Panoptyc takes in reliance upon Your Data.
No Legal Advice. The Services are provided for reference purposes only. They are not intended as a substitute for professional advice or judgment or to provide legal or other advice with respect to any particular circumstances. Panoptyc shall not provide any legal or professional advice, and you will not rely on the Services as constituting legal or other professional advice. You are advised to obtain independent verification or professional advice before taking any actions with respect to any information contained on this Site.

Account Information and Data.

Panoptyc has and shall retain all rights, title and interests, including all intellectual property rights, in and to all data, excluding personal information, and related databases residing on Panoptyc’s servers (“Data”). Panoptyc may use and disclose Your Data in accordance with the Privacy Policy, referenced above.
Panoptyc will not monitor, edit, or disclose any personal information (as identified in the Privacy Policy) regarding You or your Account, including any Data, without your prior permission except in accordance with this Agreement and the Privacy Policy. Please be aware that Panoptyc may provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include any identifiable information as Yours. Panoptyc may access your Account, including its Data, to respond to Service or technical problems or as otherwise stated in this Agreement.

Intellectual Property Rights.

You acknowledge that Panoptyc holds copyrights and other intellectual property rights in its risk analysis methods, risk mitigation products and related Software, databases and tangible and intangible Materials relating to them, including without limitation all raw, gross or compiled statistical information and other data obtained, assembled or developed by Panoptyc in the course of providing the Services, all Software developed, all derivative works, and all copyright, patent, trademark, trade secret and other intellectual property or other rights to them, without any obligation to You or any third party (collectively, the “Panoptyc Intellectual Property”). Nothing contained in this Agreement will be construed to convey any title or ownership right in any of the Panoptyc Intellectual Property to You, or any right to use any of the Panoptyc Intellectual Property other than as expressly contemplated by this Agreement. You may not disassemble, decompile, translate into another computer language, or in any way attempt to reverse engineer any portion of, or to derive the source code of, the Software, this Site, or the Products, or modify or make works derived therefrom. You may not remove any of Panoptyc’s copyright, patent, trademark, or other proprietary notices contained on any Products or Services in any format or in any other documentation available to You. Panoptyc may modify, delete, amend or change the Services, or any component of the Services, at any time in its sole discretion.

Confidentiality.

1. 1. During the term of this Agreement, each party may disclose to the other party (orally, in writing, or electronically), or a party may obtain, observe, or otherwise be granted access to, information and Materials considered confidential by the other party. Confidential information includes, but is not limited to, information relating to Data, the Software, research, developments, inventions, processes, protocols, methods of operation, techniques, strategies, programs (both software and firmware), designs, systems, proposed business arrangements, results of testing, distribution, engineering, marketing, financial, merchandising and/or sales information, individual customer profiles, customer lists and/or aggregated customer data (“Confidential Information”).
  2. Each party shall use the other party’s Confidential Information only for the purposes of this Agreement, and not for its own or any third party’s benefit. Each party shall maintain the confidentiality of the other party’s Confidential Information in the same manner in which it protects its own Confidential Information of like kind, but in no event shall either party take less than reasonable precautions to prevent the unauthorized disclosure or use of the other party’s Confidential Information. In addition, neither party shall make any unauthorized commercial use of the other party’s Confidential Information.
  3. Except as expressly provided herein, each party is permitted to disclose the other party’s Confidential Information only to its employees, agents and contractors (collectively, “Representatives”) who have a need-to- know the Confidential Information in order for that party to exercise its rights and/or perform its obligations under this Agreement; provided that: (a) the party advises each such Representative of the confidential nature of the other party’s Confidential Information; and (b) each such Representative has legal or contractual obligations of confidentiality to such party at least as stringent as this Agreement. Each party shall be and remain fully liable and responsible for its employees’ and/or agents’ unauthorized disclosure or use of the other party’s Confidential Information.
  4. Each party is permitted to disclose the other party’s Confidential Information as legally required in response to a court order, subpoena, administrative proceeding and/or similar legal process; provided that, to the extent legally permitted, it gives the other party reasonable notice of the request, and an opportunity to defend and/or attempt to limit or prevent the disclosure of its Confidential Information.
  5. The provisions of this Section shall not apply to information that the receiving party can prove: (a) was in its possession prior to receipt or disclosure hereunder; (b) was or became public knowledge through no fault of the receiving party or any of its employees or agents; (c) was lawfully disclosed to the receiving party by a third party through no breach of any obligation of confidentiality owed to the disclosing party; or (d) was created by the receiving party independently of any access to or use of the disclosing party’s Confidential Information.
  6. Each party acknowledges and agrees that its unauthorized disclosure or use of the other party’s Confidential Information will cause damage to the other party that may not be adequately compensated through money damages. As such, each party expressly consents to the entry of an order for equitable remedies, including, but not limited to, temporary, preliminary and permanent injunctions to remedy any actual or threatened unauthorized disclosure or use of the disclosing party’s Confidential Information. These remedies are cumulative and in addition to all other remedies available at law or in equity.
  7. At the disclosing party’s request, each party shall return the other party’s Confidential Information. Neither party shall use the other party’s Confidential Information for its own, or any third party’s benefit. However, each party shall be permitted to retain and use a copy of the other party’s Confidential Information as reasonably necessary to exercise its rights that survive termination of this Agreement, provided that party continues to comply with its confidentiality obligations set forth herein. The provisions of this Section shall survive termination of this Agreement for so long as the Confidential Information remains confidential.

Indemnification; Limitation of Liability

1. YOU SHALL INDEMNIFY, DEFEND AND HOLD PANOPTYC, ITS LICENSORS AND INFORMATION PROVIDERS, AND EACH SUCH PARTY’S PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, COSTS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR IN CONNECTION WITH YOUR: (A) ACCESS TO AND/OR USE OF THE SERVICES, OR ANY COMPONENT OF THE SERVICES; (B) BREACH OF THIS AGREEMENT; (C) FAILURE TO POST THE REQUIRED NOTICE OR SIGNAGE; (D) DECISIONS IN RELIANCE ON THE DATA OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES AND ANY [FORESEEABLE] REPERCUSSIONS OF SUCH DECISIONS AND/OR (E) VIOLATION OF ANY APPLICABLE LAW OR RIGHT OF A THIRD PARTY.
2. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PANOPTYC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, FAILURE TO POST THE REQUIRED NOTICE OR SIGNAGE, AND/OR USE OF THE SERVICES IN VIOLATION OF APPLICABLE LAW, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PANOPTYC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PANOPTYC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ANY CLAIM RELATED TO THE SERVICES MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH CLAIM AGAINST PANOPTYC.

Disclaimer of Warranties.

YOU ACKNOWLEDGE THAT: THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SERVICES MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SERVICES MAY BE OR BECOME OUT OF DATE AND PANOPTYC MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. PANOPTYC ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SERVICES. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM PANOPTYC, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY REPRESENTATION OR WARRANTY BY PANOPTYC.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES PROVIDED ARE PROVIDED “AS IS” AND AS AVAILABLE’, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PANOPTYC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PANOPTYC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR MATERIALS INCLUDED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PANOPTYC OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY CORRECTION OR REPLACEMENT.
You acknowledge and agree that the Services may include Panoptyc providing certain products, services, hardware and software made available to You by third party vendors or service providers through Panoptyc. Panoptyc makes no warranties, express or implied for any such third party products, services, hardware and software and You expressly agree that your sole recourse for any claims You may have against those third parties are pursuant to the terms under which they make such products, services, hardware and software available to You in accordance with their standard commercial terms.
Some jurisdictions do not allow the exclusion of implied warranties such that the above exclusion may not apply to You. This warranty gives You specific legal rights, and You may also have other rights that vary from jurisdiction to jurisdiction.

Term and Termination.

This Agreement shall be effective on the date of execution of the Order Form or other written agreement between Panoptyc and You and shall continue for the term provided therein. Panoptyc reserves the right to suspend or terminate access to the Services for any Authorized User reasonably suspected to have breached this Agreement, with or without notice and without further obligation. Either party may terminate this Agreement upon the other party’s material breach of any provision of this Agreement, provided that the non-breaching party has given written notice of such breach and the breaching party has failed to cure the breach within ten (10) days of receiving such notice. This Agreement may not be terminated without cause.

Waiver of Jury Trial.

FOR THEIR MUTUAL BENEFIT, YOU AND PANOPTYC WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION REGARDING THE PERFORMANCE OR ENFORCEMENT OF, OR IN ANY WAY RELATED TO, THIS AGREEMENT.

General Terms.
1. This Agreement shall be governed by the laws of the State of Michigan (exclusive of its choice of law rules), and the federal laws of the U.S. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the English language in Oakland County, Michigan. The award rendered by the arbitrator(s) shall be final and binding on the parties, and judgment on the award may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s fees and administrative fees of arbitration. This arbitration agreement shall not preclude the parties from seeking provisional remedies, including injunctive relief, in aid of arbitration from a court of competent jurisdiction.
2. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a “Notice”) must be in writing and addressed to the parties at the addresses set forth on the Order Form (or to such other address that may be designated by the receiving party from time to time in accordance with this Section). All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission), certified or registered mail (in each case, return receipt requested, postage prepaid) or email (with confirmation of receipt). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt by the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
3. You may not assign this Agreement, in whole or in part, without Panoptyc’s prior express written consent, which shall not be unreasonably withheld or delayed. Any attempted assignment without such consent shall be void. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors, heirs, representatives, and permitted assigns.
4. Each party will comply with applicable federal and state laws, rules, and regulations relating to such party’s performance of its obligations under the Agreement.
5. Neither party shall be responsible or liable for any delay or failure in performing its obligations under this Agreement if such delay or failure is the direct result of causes outside of that party’s reasonable control, including, without limitation, power outages, accidents, strikes, fires, war or acts of God; provided that such party uses best efforts to resume performance of its obligations as soon as practically possible.
6. Nothing in this Agreement shall be construed as creating a relationship between You and Panoptyc of joint venturers, partners, employer-employee, or agent. Neither party has the authority to create any obligations for the other, or to bind the other to any representation or document.
7. You shall not use any Panoptyc trademarks, services marks, trade names and/or logos, or refer to Panoptyc directly or indirectly in any marketing materials, customer lists, media release, public announcement or other public disclosure relating to this Agreement or its subject matter without obtaining Panoptyc prior express written consent.
8. Any waiver of a party’s right or remedy related to this Agreement must be in writing, signed by that party to be effective. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions in this Agreement.
9. This Agreement sets forth the entire agreement of the parties. Without limitation to the foregoing, the parties’ actions and statements prior to this Agreement shall not be used by either party to modify or interpret the rights or obligations set forth in this Agreement. All prior discussions of the subject matter of this Agreement are superseded by the terms and conditions of this Agreement.
10. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision will be enforced to the fullest extent that it is valid and enforceable under applicable law. All other provisions of this Agreement shall remain in full force and effect.
11. All provisions of this Agreement relating to the grant of the License, representations, warranties, confidentiality, privacy, ownership, indemnification, limitations of liability, any accrued but unpaid financial obligations and any other terms related to such financial obligations, and any other subject that would, by its nature, be deemed to survive termination of this Agreement (whether or not so expressly stated), will survive the termination or non-renewal of this Agreement.

AUTOMATIC PAYMENTS

The following provisions apply to Your agreement with Panoptyc, unless otherwise agreed in an executed written agreement between Panoptyc and You.

By enrolling in this recurring payment program, you authorize Panoptyc: (a) to initiate monthly recurring automated clearing house (ACH) debit entries or debit card payments from the checking or savings account you specify, or (b) to initiate recurring charges from your specified credit card until you terminate this authorization with a Panoptyc customer support representative. A credit card processing fee may be applicable.
Your balance may vary per month depending on the number of active subscriptions you currently have. Once your enrollment is processed, all payments will be automatically withdrawn from your specified checking or savings account or charged to the designated credit or debit card on the 1st of the month, unless you terminate your authorization in the manner described herein.
You agree to be bound by any rules your financial institution requires for pre-authorized electronic funds transfers and/or that your debit or credit card issuer requires for pre-authorized debit or credit card transactions. You are responsible for all fees charged by your financial institution associated with the pre-authorized payment option.
YOU HAVE THE RIGHT TO TERMINATE YOUR AUTHORIZATION AT ANY TIME BY CALLING PANOPTYC SUPPORT AT (313) 425-5765 AND TERMINATING YOUR AUTHORIZATION WITH A PANOPTYC CUSTOMER SUPPORT REPRESENTATIVE.
Once Panoptyc has debited your account, we will send your receipt to the email on file. You agree to review each receipt you receive and give Panoptyc notice of any errors or disputed charges no longer than 15 days past the date on receipt.
PANOPTYC SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR CREDIT CARD IS CHARGED.
Panoptyc reserves the right to change these terms or terminate this program at any time. Notice may be given on or with your receipt or by other methods.
These terms do not in any way terminate, amend or modify other terms, agreements or policies that apply to your Panoptyc account or any Panoptyc services you receive or other agreements you may have with Panoptyc.