The following "End User License Agreement" governs your use of the software and services provided by Mohcam Inc. (and its subsidiaries) ("Mohcam"), also known as Mohcam. This is a legal agreement between you and Mohcam, including the Privacy Policy located at mohcam.com/privacy_policy and attached Appendices. By registering to use the Service (as defined below), you agree to comply with the terms of this End User License Agreement.


1. Definitions
(a) "Administrator" means the Subscriber (as defined in Section 1(i)) with the authority to assign additional Authorized Users and/or Administrators and provide the Subscriber with additional services from Mohcam.
(b) "Agreement" means the full End User License Agreement and includes by reference the Privacy Policy located at mohcam.com/privacy_policy, and the attached Appendices.

Appendix A – Mohcam Service Level Commitments and Support Services
Appendix B – Mohcam Data Protection Addendum for GDPR Compliance
Appendix C – Authorized Subprocessors of Mohcam
(c) "Authorized User" means an individual subscriber or partners, participants, employees, temporary workers, and independent contractors of an organization subscribing to the Service who have been added to the account as users.

(d) "Confidential Information" means Content (as defined in Section 1(e)) and any information, technical data, or know-how considered proprietary or confidential by either party to this Agreement, including but not limited to research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, methods, documentation, source code, customer information, personal data, pricing information, procedures, menu concepts, business and marketing plans or strategies, financial information, and business opportunities disclosed by either party before or after the Effective Date of this Agreement, either directly or indirectly in any form, including written, oral, machine-readable form, or by access to the facilities of either party.

(e) "Content" means any information that you upload or post in the Service, and any information provided by you to Mohcam in connection with the Service, including, but not limited to, information about your Authorized Users or Registered Clients, as defined in Section 1. (g).

(f) "Primary Subscriber" means the Subscriber who initiated the Services offered by Mohcam and is deemed by Mohcam to have exclusive authority over the administration of the subscription.

(g) "Registered Client" means an individual who has been offered to use the client features of the Service in a limited capacity as a client of an Authorized User.

(h) "Service" means any software or services provided by Mohcam, including, but not limited to, Mohcam Manage, practice management software, and Mohcam Grow, customer relationship management (CRM) software and client intake software.

(i) "Subscriber" refers to the purchaser of the Services provided by Mohcam, and any present or former agent, representative, independent contractor, employee, officer, attorney, or any legal or natural person with authority to act on your behalf.

(j) "Security Emergency" means a breach of this Agreement by the Subscriber which (a) may compromise (i) the delivery of Mohcam's Service; (ii) the business of other Service Subscribers; or (iii) the network or servers used to provide the Service; or (b) enables unauthorized third-party access to the Service.


5. Storage and Transfer of Your Personal Information

5.1 Security. Mohcam has implemented administrative, technical, and physical safeguards to protect the information about itself and its customers. For more information about Mohcam’s security controls and methods, see our "Security and Reliability" page (https://www.mohcam.com/security/). If we have provided you (or if you have chosen) a password that allows you to access certain parts of our Service, you are responsible for maintaining the confidentiality of that password. Subscribers should not share their password with anyone.

5.2 Although no transmission of information over the Internet is completely secure, we take reasonable measures to protect your personal information. We cannot guarantee the security of your personal information transmitted to our Website; any transmission is at your own risk. Once we receive your information, we use strict procedures and security features to try to prevent unauthorized access.

5.3 International Transfer of Your Personal Information. Personal information we collect may be transferred and stored in countries outside of your jurisdiction, where we and our third-party service providers operate. If you are in Ukraine, your personal information may be processed outside of Ukraine; this international transfer of your personal information will be carried out in compliance with appropriate security measures, and we will take appropriate steps to ensure your personal data is processed as securely and reliably as it would be in Ukraine and in accordance with the General Data Protection Regulation ("GDPR"). These measures must include, among other things, entering into data processing agreements with relevant subprocessors and ensuring that those subprocessors have appropriate data security and protection procedures in place that comply with GDPR or any other applicable data protection law. If you would like more information about the security measures in place, please contact us using the contact information provided at the end of this policy.


2. Limited License and Use of the Service
2.1 The Subscriber is granted a non-exclusive, non-transferable, limited license to access and use the Service.

2.2 Mohcam does not review or pre-screen Content, and Mohcam does not claim any intellectual property rights in relation to the Content.

2.3 Authorized Users agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit access to the Service, the use of the Service, or any part of the Service, including, but not limited to, HTML, cascading style sheets ("CSS"), or any visual design elements, without the written permission of Mohcam.

2.4 Authorized Users agree not to modify, redesign, adapt, or otherwise interfere with the operation of the Service or alter another website in such a way as to create a false impression that it is associated with the Service, Mohcam, or any other software or service provided by Mohcam.

2.5 Authorized Users agree that they will not intentionally use the Service in any way that may infringe upon copyrights or intellectual property rights, or in any manner that is unlawful, defamatory, threatening, libelous, obscene, or violates the terms of this Agreement.
2.6 Authorized Users agree that they will not intentionally use the Service to upload, post, submit, or transmit any unsolicited mass email "Spam", short message "SMS", viruses, self-replicating computer programs "Worms", or any code of a destructive or malicious nature.

2.7 Except for the non-exclusive license granted under this Agreement, the Subscriber acknowledges and agrees that all proprietary rights, licenses, intellectual property, and other rights and interests related to the Service remain solely with Mohcam.

2.8 Authorized Users who configure the Service for sharing or granting access to specific Content are deemed to acknowledge and agree that each will have access to the Content ("Public Content"). The Authorized User is responsible for determining whether the shared Service is appropriate for each Registered Client. Mohcam reserves the right, at any time, at its sole discretion, to take any action deemed necessary with respect to Public Content that violates the terms of this Agreement, including, but not limited to, removing such Public Content.

2.9 Mohcam reserves the right to modify or discontinue, temporarily or permanently, any feature related to the Service, with or without notice, except that Mohcam will notify the Subscriber 30 days prior to any change that significantly reduces the functionality of the Service. Continuing to use the Service after any change means the Subscriber’s agreement to the modification.

2.10 Mohcam reserves the right to temporarily suspend access to the Service for operational reasons, including, but not limited to, maintenance, repair, or installation of updates, and will try to provide notice at least two business days prior to any such suspension. Such notice will be given to you in advance through notification in the Service, email, or another method Mohcam deems appropriate. Additionally, Mohcam will make reasonable efforts to limit scheduled suspensions to minimize inconvenience to the Subscriber, but reserves the right to temporarily suspend without prior notice at any time to complete necessary repairs. In the event of a temporary suspension, Mohcam will use the same notification methods listed in this section to provide updates regarding the nature and duration of any temporary suspension.

2.11 Mohcam stores all Content on backup storage servers. The Subscriber may, at their discretion, periodically copy all Content related to the subscription to a third-party storage service ("Deposit Agent"). Duplicated Content ("Deposited Data") will be stored in accordance with the terms of a separate agreement exclusively between the Subscriber and the Deposit Agent ("Deposited Agreement"). The Subscriber may also choose to replicate all Content related to the subscription to their own storage device.

2.12 The Subscriber grants Mohcam a non-exclusive, royalty-free right, during the Subscriber's use of the Service, to use Confidential Information solely for the purpose of fulfilling Mohcam's obligations under the Agreement in accordance with the terms of the Agreement. These rights must include permission for Mohcam to create and publish aggregated anonymous reports on system usage and trends and types of Content, provided that they do not contradict Section 4.1.

2.13 Mohcam uses a single codebase for all jurisdictions. The Subscriber must, using the settings available in the Service, configure the Service for their jurisdiction and ensure the settings meet the Subscriber’s requirements. Mohcam will highlight known features that may require Subscriber review.


3. Access to the Service
3.1 The Subscriber is permitted to access and use the Service only if they are an Authorized User or Registered Client. Authorized Users must provide their full legal name, valid email address, and any other information reasonably requested by the Service.

3.2 Each Authorized User will be provided with a unique identifier for access and use of the Service ("Username"). The Username may only be used by the Authorized User to whom it is assigned and may not be transferred or used by any other person, including other Authorized Users.

3.3 The initial Administrator must be the primary Subscriber with the authority to administer the subscription and assign additional authorized users and/or administrators. Each subscription may designate multiple Authorized Users as administrators. Any Administrator is deemed to have the authority to manage the subscription and any Authorized Users. The Administrator deactivates an active Username if the Administrator wishes to terminate access to the Service for any Authorized User.

3.4 Administrators are responsible for any use of the Service by Authorized Users from the list of active Authorized Users associated with their subscription to the Service.

3.5 In the relationship between Mohcam and the Subscriber, any Content uploaded or posted in the Service remains the property of the Subscriber. Upon cancellation or termination of service as described in Section 10 below, Mohcam is responsible only for returning the Content directly to the Administrator or a designated Authorized User in the event that the Administrator is unavailable.

3.6 Any access to the Service and its use via mechanical, software, robotic, scripted, or other automated means not provided as part of the Service is strictly prohibited.

3.7 Authorized Users are permitted to access the Service and use it via an application programming interface ("API") subject to the following conditions:

(a) any use of the Service via the API, including use of the API through a third-party product that accesses and uses the Service, is governed by these Terms of Service;

(b) Mohcam is not responsible for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, goodwill, use, data, or other intangible losses (even if Mohcam has been advised of the possibility of such damages) arising from any use of the API or third-party products that access and use the Service through the API;

(c) Excessive use of the Service via the API may result in temporary or permanent suspension of access to the Service through the API. Mohcam will, at its sole discretion, determine excessive use of the Service via the API and will make reasonable attempts to warn the Authorized User prior to suspension; and

(d) Mohcam reserves the right to change or discontinue, temporarily or permanently, access to the Service and its use through the API with or without notice.


4. Confidentiality
4.1 Each party agrees to treat all Confidential Information as confidential and not to use or disclose such Confidential Information except where necessary to perform its obligations under this Agreement.

4.2 Mohcam and any third-party service providers and hosting partners it uses to provide the Services will maintain Content in strict confidence and shall not use or disclose the Content except (a) as required to fulfill their obligations under this Agreement; (b) as per Section 7 of this Agreement, or (c) with your written consent.


5. Security and Access
5.1 Mohcam is responsible for ensuring a secure method of authentication and access to its Service. Mohcam will provide mechanisms that:

(a) allow for user password management
(b) transmit passwords in a secure format
(c) protect passwords entered for access to the Service using code that follows best password management practices.

5.2 The Subscriber is responsible for ensuring the security of user names and passwords or any other codes related to the Service, as well as the accuracy and adequacy of personal information provided to the Service.

5.3 The Subscriber must implement policies and procedures to prevent unauthorized use of usernames and passwords and immediately notify Mohcam of any suspicion that a username and password have been lost, stolen, compromised, or misused.

5.4 At all times, Mohcam and any third-party service providers and hosting partners it uses to provide the Service shall:
(a) use best practices in information security to transmit and store your Content, adhering to industry standards;

(b) apply best practices in network security methods, including but not limited to firewalls, intrusion detection, and authentication protocols, vulnerability management, and patching;

(c) ensure its hosting providers maintain industry-standard security and privacy; and

(d) within thirty (30) days of the Subscriber's request, provide the Subscriber with an audit report (SOC2 or SOC3) or a successor industry-standard report or a comparable description of its security measures regarding the data center facilities used to host the Service and Content. To obtain such a report, the Subscriber must enter into an agreement with the third-party report provider.

5.5 Mohcam will notify the Subscriber with all relevant details (except those that may jeopardize the security of data uploaded by other customers) of any event that Mohcam reasonably believes to be unauthorized access, disclosure, use, or damage of Content ("Security Breach"). Mohcam shall make such a report within 72 hours after it becomes aware of the security breach.

5.6 In the event of a security breach, Mohcam agrees to (a) cooperate with the Subscriber to identify the cause of the breach and determine any affected Content; (b) assist and cooperate with the Subscriber in investigating and preventing further breaches; (c) assist and cooperate with the Subscriber in any legal action or investigations taken against third parties that the Subscriber takes to protect the security and integrity of the Content; and (d) take commercially reasonable steps to mitigate any harmful effects of the Security Breach.

6. Data Protection
The parties agree to comply with the terms of the Data Processing Addendum set forth in Appendix B.


7. Legal Compliance
7.1 Mohcam asserts that its primary obligation is to protect the Content to the extent permitted by law. Mohcam reserves the right to disclose Confidential Information to third parties as required and permitted by law (e.g., in response to a subpoena or court order) and to cooperate with law enforcement authorities in investigating any criminal or civil matter.

If the law requires Mohcam to disclose Confidential Information that is prohibited or otherwise restricted by this Agreement, Mohcam will provide the Subscriber with immediate written notice (to the extent permitted by law) prior to such disclosure so that the Subscriber may seek a protective order or other appropriate legal remedy. In accordance with the previous sentence, Mohcam may disclose only the portion (and only that portion) of the Confidential Information that it is required to disclose by law or otherwise as required by law.

7.2 Mohcam will accept legal requests for the production of Content or other Confidential Information only in accordance with the procedures listed at https://www.mohcam.com/legal-service.


8. Managed Backup and Archiving
8.1 Mohcam’s managed backup services are designed to facilitate the restoration of Content to the server or device from which the Content was created in the event of loss or damage to the original data. Mohcam will provide lost or damaged Content restoration at no charge. After any cancellation or termination of the Service for any reason, the Subscriber has ninety days to retrieve any and all Content.


9. Payment, Refunds, and Subscription Changes
9.1 Subscribers with paid subscriptions will provide Mohcam with a valid credit card to pay for the applicable subscription fee. All subscription payments exclude any federal, state, provincial, municipal, or other taxes, which the Subscribers agree to pay depending on where they are located. Bills will include (i) subscription fees and (ii) any applicable sales tax with periodic adjustments for the jurisdiction in which the Subscriber is located. If tax rates are updated, Mohcam will apply the new tax rate without notifying the Subscriber. In addition to any fees, Subscribers may still incur costs related to the use of the Service, such as internet access charges, data roaming, and other data transmission fees.

9.2 Subscribers with a monthly paid subscription will be charged at the end of any applicable free trial period. No charge will be made for subscriptions canceled before the trial period ends. After that, monthly subscribers will be charged in advance every 30 days. Yearly subscribers will be charged annually on the anniversary of the initial subscription payment. All fees are final and non-refundable, including annual subscriber payments, setup fees, and other professional service charges.
Subscribers who purchased setup or professional services, such as customized interactive training, customized forms and documents, or migration services, must initiate these services within sixty (60) days (Service Period) after their purchase. If there is no separate invoice, the date of purchase of the installation or professional services will be considered the initial date of the valid credit card entry for payment, as required within the service window, and failure to do so will make these services no longer available, and no refund will be issued.

9.3 Refunds or credits will not be issued for partial service periods, refunds for upgrades/downgrades, or refunds for unused periods of active subscriptions, including, but not limited to, cases related to the removal of the Subscriber.
9.4 No cancellation fee will be charged, and paid subscriptions canceled before the end of their current billing cycle will not be charged again in the next cycle.

9.5 The amount charged in the next billing cycle will be automatically updated to reflect any changes in the subscription, including upgrades or downgrades, as well as adding or removing discounts included in the service package cost. Adding subscriptions for authorized users or subscription upgrades will trigger a proportional payment in the current billing cycle. The Subscriber authorizes Mohcam to apply the updated payment amounts. Changes to the subscription, including downgrades, may result in loss of access to Content, features, and an increase or decrease in the available capacity for Content provided by the Service.

9.6 All prices may change after notice. Such notice may be given to the administrator by email or as an announcement in the Service.

9.7 The Subscriber is responsible for paying all taxes related to the subscription to the Service. If Mohcam has a legal obligation to pay or collect taxes for which the Subscriber is responsible under this section, the appropriate amount will be charged and paid by the Subscriber, unless the Subscriber provides Mohcam with a valid tax exemption certificate approved by the appropriate tax authority.

9.8 Any and all payments for compensation under this Agreement shall be made free of charge and without any deductions or withholdings for taxes. If the Subscriber is required to deduct or withhold any taxes from such payments, the amount to be paid will be increased as necessary so that, after the required deductions or withholdings, Mohcam receives an amount equal to the amount it would have received if no such deductions or withholdings were made.


10. Cancellation and Termination
10.1 Administrators have exclusive responsibility for canceling a subscription. The Administrator may cancel their subscription at any time by logging into the Service and visiting app.mohcam.com/settings/subscription/edit, if applicable. For security reasons, cancellations must be performed only by the Administrator using the account cancellation URL in the Service. The Administrator may be instructed in the Service to call support to complete the cancellation. Cancellations will not be accepted by any other means.
10.2 Mohcam, at its sole discretion, has the right to suspend or terminate the provision of the Service to any Subscriber without notice for actions that (a) are a material breach of this Agreement and (b) create a Security Emergency.

10.3 If (i) Authorized Users use the Service for a material breach of this Agreement in such a way that it does not create a Security Emergency; (ii) Mohcam sends a commercially reasonable notice of such breach to the Subscriber; (iii) Mohcam makes commercially reasonable efforts to discuss and resolve the breach with the Subscriber; and (iv) despite the above, the breach is not resolved to Mohcam’s reasonable satisfaction within thirty (30) days of such notice, Mohcam reserves the right to suspend access to the Service.

10.4 As per Section 8 above ("Managed Backup and Archiving"), after the cancellation or termination of a subscription, Content becomes available to the Administrator or a designated Authorized User. After at least ninety (90) days from the cancellation or termination of the subscription, all Content related to that subscription will be permanently deleted from the Service. Any deposited data, if applicable, will remain available for six months after the cancellation or termination of the subscription in accordance with the terms of the Conditional Deposit Agreement.


11. Limitation of Liability
11.1 Except in cases of breach by Mohcam of its obligations under Section 4 above ("Confidentiality"), Section 5 above ("Security and Access"), and Section 8 above ("Managed Backup and Archiving"), and except for those cases provided in Section 13.2 below ("Indemnification"), Mohcam shall not be liable, and the Subscriber waives any right to claim any damages, injuries, claims, liabilities, or losses of any kind arising from the Services provided by Mohcam to the Subscriber.
11.2 THE SUBSCRIBER AGREES THAT THE LIABILITY OF MOHCAM, ARISING FROM ANY CLAIM WHATSOEVER RELATING TO THE SERVICE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID FOR THE SERVICE UNDER THIS AGREEMENT IN THE SIX MONTHS PRIOR TO THE CLAIM ARISING. THE SUBSCRIBER ALSO AGREES THAT MOHCAM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES) WITH RESPECT TO THIS AGREEMENT. THESE DISCLAIMERS OF LIABILITY APPLY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER MOHCAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE DISCLAIMERS OF LIABILITY DO NOT APPLY TO OBLIGATIONS TO INDEMNIFY AS SET FORTH IN SECTION 13.2. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMERS OF DAMAGES, OR EXCLUSIONS OF DAMAGES IS INTENDED TO DISTRIBUTE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS DISTRIBUTION IS REFLECTED IN THE PRICES OFFERED TO THE SUBSCRIBER BY MOHCAM AND IS A NECESSARY ELEMENT OF THE DEAL BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND INDEPENDENT OF ALL OTHER PROVISIONS.

11.3 The Subscriber shall bear sole responsibility for any damage and/or loss of Content stored in the Subscriber’s technology that occurred as a result of the Subscriber's electronic equipment and/or computer system.


12. Disclaimer of Warranties
12.1 MOHCAM DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR ESTABLISHED BY LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO ANY SERVICES OF MOHCAM. NOTHING IN THIS SECTION 12.1 AFFECTS MOHCAM'S OBLIGATIONS TO INDEMNIFY THE SUBSCRIBER AS REQUIRED BY SECTION 13.2(A) OF THIS AGREEMENT ("INDEMNIFICATION").

12.2 Mohcam makes no warranties that its services provided to the Subscriber in digital or electronic format will be compatible with the Subscriber's computer and/or other equipment, or that these Services will be secure and error-free. Mohcam also makes no warranties regarding any results that may be obtained from using the Service. Nothing in this Section 12.2 alters Mohcam’s obligations under Section 4 above ("Confidentiality") or Section 5 above ("Security and Access") or Mohcam's obligation to indemnify you as required by Section 13.2(b) of this Agreement ("Indemnification").
12.3 Mohcam hereby disclaims all warranties of any kind regarding the Subscriber’s hardware or software, other than those warranties provided by the hardware or software manufacturer.


13. Indemnification
13.1 The Subscriber agrees to indemnify and hold Mohcam harmless from any claims, lawsuits, proceedings, losses, liabilities, judgments, obligations, fines, damages, costs, or expenses, including attorney's fees, arising out of or related to the following:

a. Breaches by Authorized Users of any obligation set forth in this Agreement, and

b. The negligent actions or omissions of Authorized Users.

Mohcam will promptly notify the Subscriber of any indemnifiable event or loss. The Subscriber agrees to defend any such claims, lawsuits, or proceedings with legal counsel reasonably acceptable to Mohcam at the Subscriber’s expense. Mohcam reserves the right to participate in the defense of such a claim, lawsuit, or proceeding at its own cost with legal counsel of Mohcam’s choosing.

13.2 Mohcam agrees to defend, indemnify, and hold the Subscriber harmless from any losses, damages, or expenses (including reasonable attorney’s fees) arising from claims, demands, lawsuits, or proceedings ("Claims") brought against the Subscriber by a third party.

a. Claiming that the Service or its use as provided in this Agreement infringes the copyright, US patent issued on the date of final execution of this Agreement, or the trademark of a third party, or involves the unlawful appropriation of any trade secret of a third party; provided, however, that the Subscriber:

(a) promptly notifies Mohcam in writing of the Claim (provided, however, that failure to provide such notice does not relieve Mohcam from its indemnification obligations unless Mohcam can demonstrate that such delay caused material damage, and only to the extent that such prejudice occurred); (b) provides Mohcam sole control over the defense and settlement of the Claim (provided that Mohcam may not settle any Claim unless it unconditionally releases the Subscriber from any liability); and (c) provides reasonable assistance at Mohcam’s expense. Mohcam is not obligated to indemnify the Subscriber in the event of: (x) modifications made to the Service by the Subscriber in violation of the Subscriber’s obligations or resulting from any prohibited activity as specified in this document to the extent that the infringement or unlawful appropriation would not have occurred had such modification not been made; (y) use of the Service in combination with any other product or service not provided by Mohcam to the extent that the infringement or unlawful appropriation would not have occurred if such use had not taken place; or (z) use of the Service in a manner not permitted by this Agreement to the extent that the infringement or unlawful appropriation would not have occurred if such use had not occurred; or

b. Resulting from or in connection with Mohcam's breach of its obligations under Section 4 above ("Confidentiality") or Section 5 above ("Security and Access").


14. Mohcam Payments
14.1 Mohcam offers an additional product that allows you to process payments and other payment-related services ("Mohcam Payments"). In addition to the Services related to Mohcam Payments provided by Mohcam, the payment processing component of Mohcam Payments is provided by a third-party payment processing service, Payments____, Ltd. or its affiliates ("Payment Processor"). This payment processing is a third-party service (as defined below) and is governed by the Stripe Account Agreement, including agreements and other documents referenced in such agreement (collectively referred to as the "Payment Processing Agreement"), as amended by the Payment Processor in accordance with the Payment Processing Agreement. By registering and continuing to use Mohcam Payments, the Subscriber agrees to comply with this Section 14 and the applicable terms of the Payment Processing Agreement.
14.2 Mohcam Payments are subject to certain fees and charges, which are disclosed to the Subscriber during the registration process. As a condition for Mohcam to activate Mohcam Payments, the Subscriber agrees to provide Mohcam with accurate and complete information related to the Subscriber’s use of Mohcam Payments and permits Mohcam to share such information and transaction data with the payment processor in accordance with our Privacy Policy. Transaction data from payers will be collected for processing by the payment processor in accordance with the payment processor's terms for payments. To the extent permitted by law, Mohcam may collect any payment obligations of the Subscriber under this Agreement by deducting the appropriate amounts from the funds payable to the Subscriber resulting from card transactions processed through Mohcam Payments. Fees will be assessed at the time of the transaction and will first be deducted from the funds received for such transactions. If the transaction settlements are insufficient to cover the Subscriber’s obligations, Mohcam may debit or charge the Subscriber’s registered bank account or credit card for any outstanding amounts (and you agree to provide such additional instructions in writing to allow us to do so if necessary). In the event of a chargeback or dispute with the Subscriber, a dispute fee may be charged for each event by Mohcam. This section does not permit Mohcam to debit the Subscriber’s trust account for any reason. In addition to amounts owed for overdue accounts, fees related to collection of overdue accounts and chargebacks may be charged, including, but not limited to, collection fees, convenience fees, court costs and expenses, arbitration or litigation expenses, collection agencies, applicable interest, and third-party fees. The Subscriber expressly agrees that all notices related to overdue accounts will be made by email or phone at the addresses and numbers provided to Mohcam. Such notice may be made by Mohcam or by someone on its behalf, including, but not limited to, a third-party collections agent. The Subscriber agrees to comply with the terms and conditions of any applicable merchant agreements and all applicable rules, policies, laws, and regulations of card networks at all times when using Mohcam Payments. The Administrator may cancel the use of Mohcam Payments at any time by visiting here.


15. Miscellaneous
15.1 Technical support and training are available to Authorized Users with active subscriptions by phone, email, or electronically as specified at support.mohcam.com/home and in Appendix A.

15.2 The Subscriber acknowledges and agrees that Mohcam may use third-party providers and hosting partners to supply the necessary hardware, software, network, storage, and related technologies required for the operation of the Service.

15.3 The Services may provide you with access to, use of, or integration with third-party products and services ("Third-Party Services"). Such Third-Party Services are not "Services" under this Agreement and are not subject to any terms related to the Services, including applicable warranties, indemnifications, service obligations, or other commitments. The availability of any Third-Party Services through the Services does not imply that Mohcam endorses or is affiliated with the provider. Access to any Third-Party Services and their use is governed by separate terms and conditions required by the Third-Party Service providers. Mohcam does not control Third-Party Services and is not liable to the Subscriber for any Third-Party Services. Mohcam is not obligated to monitor or maintain any third-party services and may replace, disable, or limit access to any Third-Party Services or cancel any related integrations at any time without prior notice. Downtime calculations according to Appendix A do not include the unavailability of any third-party service integrations. BY USING OR INCORPORATING ANY THIRD-PARTY SERVICES, THE SUBSCRIBER ACKNOWLEDGES THAT ANY LIABILITY AND REMEDIES ASSOCIATED WITH THIRD-PARTY SERVICES ARE GOVERNED ENTIRELY BY THE AGREEMENT WITH THE THIRD-PARTIES, AND MOHCAM DISCLAIMS ALL LIABILITY RELATED TO SUCH THIRD-PARTY SERVICES.
15.4 The Subscriber acknowledges the risk that information and Content stored and transmitted electronically via the Service may be intercepted by third parties. The Subscriber agrees to bear this risk and will not hold Mohcam liable for any loss, damage, or injury resulting from the interception of information. Content is stored securely and in an encrypted format. Only Mohcam, for strict business purposes, may access and transmit Content and only to provide the Subscriber with Services. Mohcam will make reasonable efforts to notify the Subscriber prior to such access and transmission. Mohcam’s actions will comply with its obligations under Sections 4 and 5 of this Agreement.

15.5 The failure of either party to enforce any provision of this Agreement shall not be interpreted as a waiver of such provision or the right to enforce it at a later time.

15.6 This Agreement constitutes the entire agreement between Authorized Users and Mohcam and governs the use of the Service by Authorized Users, superseding any prior agreements between Authorized Users and Mohcam (including, but not limited to, any prior versions of this agreement).

15.7 Mohcam reserves the right to make changes to this Agreement. In the event of material changes to the Agreement, Mohcam will notify Subscribers by email or other reasonable means of these changes before they take effect. Continued use of the Service by the Subscriber after reasonable notice will be considered acceptance of any new terms.
15.8 Neither party may assign any of its rights or obligations under this Agreement, by law or otherwise, without the prior written consent of the other party (which shall not be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety without the consent of the other party in the event of a merger, acquisition, corporate reorganization, or sale of all or virtually all of its assets, provided that the successor agrees to be bound by all the terms of this Agreement. Any attempt by a party to assign its rights or obligations under this Agreement in violation of this Section shall be deemed void and invalid.

15.9 Governing Law and Venue. This Agreement and your relationship with Mohcam are governed solely by and will be interpreted and construed in accordance with the laws applicable in the province of British Columbia, Canada, and will be deemed executed and entered into in British Columbia, Canada, without regard to its conflict of laws principles. All disputes arising under this Agreement will be resolved by the courts of British Columbia in Vancouver, and Subscribers consent to the jurisdiction and venue of such courts and waive any objections to inconvenient forum. In any action or proceeding to enforce the rights under this Agreement, the prevailing party shall be entitled to recover its costs and legal fees.