These Service Terms and Conditions (these
Terms
) (together with the Order to which they are attached are referred to
collectively as the
Agreement
) govern the Order referencing these Terms and made between Ready
Set, Inc., d/b/a Sleepless (Sleepless
) and the Client. By signing the Order, the parties accept the terms
and conditions of these Terms and agree to be bound by them. The
parties agree as follows:
Applicable Law
means all international, federal, state, provincial, and local
laws, rules, regulations, binding regulatory guidance, directives,
and governmental requirements applicable to the Services, or
either party's performance under this Agreement.
Brand
means Client's brand.
Confidential Information
means information that either party (Discloser
) discloses to the other party (Recipient
) in connection with this Agreement, and that is marked as
confidential or would normally be considered confidential
information under the circumstances.Confidential Information
does not include information that Recipient can document: (1) is
independently developed by Recipient; (2) is rightfully given to
Recipient by a third party without confidentiality obligations; or
(3) becomes public through no fault of Recipient. Sleepless's
Confidential Information includes all non-public information
regarding the Fees. Each party's Confidential Information includes
the terms and conditions set forth in this Agreement.
Content
means all content, information, and materials, including, all
text, images, illustrations, animations, photos, videos, audio,
designs, layouts, graphics, artwork, taglines, trademarks, logos,
hashtags, information, data and any other creative assets and
works of authorship.
Client
means the Client set forth in the Order.
Client Materials
means all Content provided to Sleepless by, or on behalf of,
Client in connection with the Services, which may include
embodiments of Brand Properties and/or Client- or Brand-owned
footage or images.
Fees
means all amounts payable to Sleepless in connection with this
Agreement, including, without limitation, the Monthly Fees set
forth in the Order.
Intellectual Property Rights
means all patent rights (including utility models), copyrights,
moral rights, trademark and service mark rights, trade secret
rights, and any other similar proprietary or intellectual property
rights (registered or unregistered) throughout the world, together
with all registrations and applications for any of the foregoing.
Order
means the Service Order entered into between Client and Sleepless
referencing this Agreement and specifying the Services to be
provided under this Agreement.
Sleepless Materials
means any Content, inventions, improvements, methods, formulas,
designs, or information, regardless of state of completion,
developed or acquired, or otherwise owned or controlled, by
Sleepless, or licensed to Sleepless, either prior to the Effective
Date or independently of the Services.
Services
means Sleepless's services described in the Order.
Work Product
means all Content created by Sleepless (whether solely or in
collaboration with others) on behalf of Client or in connection
with the Services. For the avoidance of doubt, Work Product does
not include generally applicable knowledge, methods, processes, or
other ideas gained, created, or generated by Sleepless in
connection with the Services.
Orders. Each Order is subject to, and hereby incorporated into, these Terms. If there is a conflict between these Terms and an Order, these Terms will control unless the Order expressly states that a specific provision of these Terms will be superseded by a specific provision of the Order.
Services. Sleepless will use reasonable efforts to provide the Services to Client as described in the applicable Order in accordance with these Terms.
Subcontractors. Sleepless may use subcontractors or other third parties to perform its obligations under this Agreement, provided such subcontractors or third parties agree to be bound to terms no less protective of Client and Brand than those set forth herein, but Sleepless will remain responsible for all such obligations.
Client Cooperation and Further Assistance. Client will (1) cooperate with Sleepless in all matters relating to the Services; (2) respond promptly to any Sleepless request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Sleepless to perform its obligations; (3) provide such Client Materials as Sleepless may reasonably request to provide the Services; and (4) ensure its employees, agents, and contractors do not encourage, allow, or engage in any discriminatory, harassing, threatening, violent, or otherwise offensive, tortious, or criminal behavior towards or against Sleepless's employees, agents, or contractors. If Sleepless's performance under this Agreement is prevented or delayed by any failure of Client to comply with its obligations under this Section, or by any other act or omission of Client or its agents, subcontractors, consultants, or employees, Sleepless shall not be deemed in breach of this Agreement or otherwise liable to Client for any costs, charges, or losses sustained or incurred by Client, in each case, to the extent arising from such prevention or delay.
Work Product
Work Product Ownership. Subject to Sleepless's rights in and to the Sleepless Materials and any designated third party rights approved in writing (email suffices) by an authorized representative of Client, and further subject to Client's payment obligations as set forth herein, Client is the sole and exclusive owner of all Work Product, and Sleepless hereby irrevocably assigns to Client all of Sleepless's right, title, and interest in and to all Work Product, including all Intellectual Property Rights therein or arising therefrom, subject to the limitations set forth in Section 3.A(2).
Sleepless Materials License and Ownership. Sleepless hereby grants Client a worldwide, non-exclusive, fully paid, sublicensable, perpetual license to transfer, display, perform, reproduce, and distribute unmodified Sleepless Materials to the extent such Sleepless Materials are incorporated in (or necessary for the use of) any Work Product, solely to the extent incorporated into the Work Product and without any modification thereto. Subject to the foregoing limited license, Client does not have any rights in or to the Sleepless Materials. Sleepless owns the Sleepless Materials, including all Intellectual Property Rights therein. No ownership rights in the Sleepless Materials are transferred to Client by this Agreement. In no event shall Client be entitled to use any of the Sleepless Materials separately and apart from their incorporation in the Work Product hereunder.
Client Materials; License and Ownership. Client hereby grants Sleepless a worldwide, non-exclusive, royalty- free, fully paid, sublicensable (to Sleepless's third-party service providers) license during the Term to transfer (including through digital transmission), display, perform, reproduce, modify, create derivative works of, and otherwise use Client Materials, in whole or in part, solely as necessary for Sleepless to provide the Services to Client. Subject to the foregoing limited license, Sleepless does not have any rights to the Client Materials. As between the parties, Client is the sole and exclusive owner of Client Materials, including all Intellectual Property Rights therein. No ownership rights in the Client Materials are transferred to Sleepless by this Agreement.
Feedback. If
Client gives Sleepless feedback, comments, or suggestions of
general applicability concerning the Services that do not
constitute Client's Confidential Information or any Work Product
(collectively,
Feedback
), Client hereby grants Sleepless a non-exclusive, worldwide,
transferable, sub-licensable, royalty free license to use and
exploit such Feedback for any legal purpose without payment,
attribution, or restriction. Feedback is provided AS-IS.
Confidentiality. Each party as Recipient will take reasonable precautions to protect Discloser's Confidential Information and will not use any Confidential Information except to perform its obligations or exercise its rights in connection with this Agreement. Neither Recipient may divulge to any third party any Confidential Information except to those employees and representatives of Recipient who have a need to know the Confidential Information to enable Recipient to perform its obligations or exercise its rights under this Agreement and who have signed agreements no less protective of the Discloser's Confidential Information. Recipient is responsible and liable for its employees' and representatives' compliance with this Section 4, as if their actions or inactions were an action or inaction of Recipient. The foregoing will not apply with respect to any Confidential Information five years after the disclosure thereof (or, with respect to trade secrets, for so long as such Confidential Information constitutes a trade secret under Applicable Law), or any Confidential Information that is required to be disclosed by Applicable Law, provided the Recipient gives the Discloser notice and an opportunity to seek an appropriate protective order at its own expense.
Non-exclusive footage.
Each party understands that the Sleepless footage and other audio,
video, and written media elements provided, for example in the use
of making AI Influencer
or Avatar
ads, including any
final Work Product, may also be used or have been used previously
by other Sleepless or Sleepless clients, in whole or in part, and
are not exclusive to client.
Fees and Payment.
Except as set forth in Section 6.D, all Fees are non-refundable. Client will pay Sleepless all Fees described in all Orders in accordance with the terms therein. If Client believes that Sleepless has billed Client incorrectly, Client must contact Sleepless no later than 930 days after the closing date on the first billing statement in whichClient's discovery of the error or problem appeared, to receive an adjustment or credit. Client hereby waives any right it may have under this Agreement, at equity, or in law to dispute Fees after such period.
Unless otherwise specified in an Order, full payment is due within 30 days of upon receipt of the applicable invoice. Correctly invoiced Unpaid amounts not paid when due are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum amount permitted by Applicable Law, whichever is lower, plus all expenses of collection. Client will pay all Fees in U.S. Dollars. Sleepless may stop provision of any or all of the Services if the Client fails to pay overdue Fees within 310 days from Sleepless's notice to the Client of outstanding payment.
Expenses. In
addition to the Fees set forth in the Order, Client will not
reimburse any out-of-pocket or expenses incurred by Sleepless in
providing Services unless they are expressly approved in writing
in advance (Approved Expenses
), in which case Client will
reimburse such Approved Expenses within 30 days of Client's
receipt of an invoice and receipt(s) or other appropriate evidence
of the expense.
Taxes. Other than federal and state net income taxes imposed on Sleepless, Client will bear all taxes, duties, and other governmental charges relating to the Fees and Services.
Incorrectly-Billed Amounts. Subject to its notification obligation in subsection 6.A. above, Client may withhold incorrectly-billed amounts.
Termination for Convenience. Upon expiration of the Initial Term, Client can terminate this Agreement or any Order at its convenience by giving 30 days' prior notice to Sleepless. Sleepless may at any time during the Term terminate this Agreement or any Order at its convenience by giving 30 days' prior notice to Client; provided, Sleepless will promptly refund Client all prepaid amounts for unprovided Services.
Termination for Breach or Insolvency.
Either party may terminate this Agreement effective upon written
notice to the other party, if the other party materially breaches
these Terms or the Order and such breach is incapable of cure, or
(if such breach capable of cure) the breaching party does not cure
such breach within 30 days of receiving notice of it. Sleepless
may terminate or suspend this Agreement or any part of it
immediately upon written notice to Client without a cure period if
Client breaches
(1) any of the terms of this Agreement
relating to Sleepless's Intellectual Property Rights or
Sleepless's Confidential Information, or
(2) Section 2.D(4).
SleeplessEither party may terminate this Agreement, effective
immediately upon written notice, if Client the other party files,
or has filed against it, a petition for voluntary or involuntary
bankruptcy or pursuant to any other insolvency law, makes or seeks
to make a general assignment for the benefit of its creditors, or
applies for, or consents to, the appointment of a trustee,
receiver, or custodian for a substantial part of its property.
Effect of Termination. Either party's termination of this Agreement is without prejudice to any other remedies it may have at law or in equity, and does not relieve either party of breaches occurring prior to the effective date of termination. Neither party will be liable to the other for damages arising solely as a result of terminating this Agreement in accordance with its terms.
Post-Termination Obligations. If Client terminates this Agreement other than for Sleepless's material breach or if Sleepless terminates this Agreement, Sleepless will pay Client a pro rata refund of Fees for services not provided through the date of termination. If this Client terminates this Agreement expires or is terminated for any other reason Sleeplessits convenience, Sleepless will not refund Client any Fees paid in advance of such expiration or termination, and Client will pay Sleepless for all Services provided up to the date of termination, regardless of the state of completion. The following sections of this Agreement will survive any expiration or termination of this Agreement: Sections 1 (Definitions), 3 (Ownership and License), 4 (Confidentiality), 5 (Fees and Payment), 76.C (Effect of Termination), 76.D (Post-Termination Obligations), 87.D (DisclaimerWarranties), 7.E (No Guarantee of a Specific Result), 98 (Indemnification), 109 (Limitations of Liability), 110 (Arbitration), and 121 (Miscellaneous) of these Terms.
Mutual Warranties. Each party represents and warrants to the other that: (1) this Agreement has been duly executed and delivered and constitutes a binding agreement enforceable against the executing party in accordance with its terms; (2) no authorization or approval from any third party is required in connection with the execution, delivery, or performance of this Agreement by the executing party; (3) the execution and delivery of this Agreement by the executing party do not violate Applicable Law or the terms of any other agreement to which it is a party or by which it is otherwise bound; and (4) it will comply with all Applicable Law in connection with exercising its rights or performing its obligations under this Agreement.
Sleepless Warranty. Sleepless represents and warrants to Client that: (a) Sleepless will perform the Services in a good and workmanlike manner consistent with industry standards and in accordance with all applicable laws; and (b) the Work Product and Sleepless Materials, and Client's use thereof, will not infringe, misappropriate, dilute, or otherwise violate any third-party right, including any Intellectual Property Right or privacy right. As Client's sole and exclusive remedy for a breach of the foregoing warranties, Sleepless will reperform the applicable Services or provide compliant Work Product, as applicable, at no additional cost to Client. If Sleepless is unable to reperform the Service or provide compliant Work Product, Client may terminate this Agreement upon notice to Sleepless.
Client Warranty. Client represents and warrants to Sleepless that Client has the necessary rights to authorize Sleepless to use the Client Materials in accordance with this Agreement, and such use by Sleepless of Client Materials will not infringe, misappropriate, dilute, or otherwise violate any third-party right, including any Intellectual Property Right or privacy right.
Disclaimer.
Except for the limited warranties described in this Section 7
(Warranties and Disclaimer), Ready Set makes no other express or
implied warranties with respect to the Services or Work Product
and specifically disclaims all implied an d statutory warranties ,
including the implied warranties of non - infringement of third -
party rights, merchantability, satisfactory quality , accuracy,
title, and fitness for a particular purpose , and any warranties
arising from course of dealing, us ag e, or trad e practice . The
Services , and Work Product are provided as is.
Ready Set
does not warrant that the Services or Work Product will satisfy
Client's requirements, are without defect OR ERROR , OR THAT THE
SERVICES WILL BE UNINTERRUPTED. Some jurisdictions do not allow
the exclusion or limitation of warranties, so that limitation or
exclusion may not apply to Clientneither party makes any
warranties and each party disclaims all warranties, express or
implied.
No Guarantee of a Specific Result. Regardless of any perceived representation to the contrary, Sleepless in no way guarantees a specific result for Client.
By Sleepless.
Defense. At
Client's option and request, Sleepless will defend Client and
its officers, directors, employees, agents, service providers,
licensors, and affiliates (collectively, the
Client Indemnified Parties
) from any third-party claim,
proceeding, suit, action, or inquiry (a) based an allegation
that Client's use of any Work Product in accordance with this
Agreement infringes any registered United States copyright,
trademark or other Intellectual Property Right; or (b) without
limiting the foregoing, arising out of or based on an
allegation that the use of any Work Product or Sleepless
Materials, or Client's use thereof, infringe, dilute,
misappropriate, or otherwise violate any Intellectual Property
Right or personality right (whether a statutory or common law
right) of any person, or defames any person (a
Sleepless Indemnifiable Claim
). If Client requests
Sleepless to defend it from any Sleepless Indemnifiable Claim,
Client will: (i) give Sleepless prompt written notice of the
Sleepless Indemnifiable Claim; (ii) grant Sleepless full and
complete control over the defense and settlement of the
Sleepless Indemnifiable Claim; ( iii) provide, at Sleepless'
expense, assistance in connection with the defense and
settlement of the Sleepless Indemnifiable Claim as Sleepless
may reasonably request; and (iv) comply with any settlement or
court order made in connection with the Sleepless
Indemnifiable Claim. Notwithstanding the previous sentence,
Sleepless will not enter into any settlement that involves an
admission of guilt or liability of Client without Client's
prior written consent. Client may participate in the defense
of a Sleepless Indemnifiable Claim at its own expense and with
counsel of its own choosing.
Indemnification. Sleepless will indemnify the Client Indemnified Parties from and pay: (i) all damages, costs, fines, judgements, expenses, and attorneys' fees reasonably incurred by Client Indemnified Parties in connection with a Sleepless Indemnifiable Claim; and (ii) all amounts that Sleepless agrees to pay to any third party to settle any Sleepless Indemnifiable Claim.
By Client.
Defense. At
Sleepless's option and request, Client will defend Sleepless
and its officers, directors, employees, agents, service
providers, licensors, and affiliates (collectively, the
Sleepless Indemnified Parties
) from any actual or
threatened third-party (including Brand) claim, proceeding,
suit, action, or inquiry (i) arising out of or based on
Client's breach of Section 7 (Warranties and Disclaimer), or
(ii) without limiting the foregoing, arising out of or based
on an allegation that the use of any Client Material
infringes, dilutes, misappropriates, or otherwise violates any
Intellectual Property Right or personality right (whether a
statutory or common law right) of any person, or defames any
person (each, a Client Indemnifiable Claim
). If
Sleepless requests Client to defend it from any Client
Indemnifiable Claim, Sleepless will: (a) give Client prompt
written notice of the Client Indemnifiable Claim; (b) grant
Client full and complete control over the defense and
settlement of the Client Indemnifiable Claim; (c) provide
assistance in connection with the defense and settlement of
the Client Indemnifiable Claim as Client may reasonably
request; and (d) comply with any settlement or court order
made in connection with the Client Indemnifiable Claim.
Notwithstanding the previous sentence, Client will not enter
into any settlement that involves an admission of guilt or
liability of Sleepless without Sleepless's prior written
consent. Sleepless may participate in the defense of a Client
Indemnifiable Claim at its own expense and with counsel of its
own choosing.
Indemnification. Client will indemnify the Sleepless Indemnified Parties from and pay: (i) all damages, costs, fines, judgements, expenses, and attorneys' fees reasonably incurred by Sleepless Indemnified Parties in any Client Indemnifiable Claim); and (ii) all amounts that Client agrees to pay to any third party to settle any Client Indemnifiable Claim.
IP Infringement. Sleepless' has no liability or obligation with respect to claims relating to third party Intellectual Property Rights or privacy rights shall be reduced to the extent claims arise from (1) use of Work Product in combination with Content not provided to Client by Sleepless in connection with the Services, (2) designs, requirements, or other Content required by Client, (3) without limiting the foregoing, Client Materials, (4) Client's (or its vendor's or service provider's) continued use of Work Product after being informed such Work Product may infringe third party Intellectual Property Rights, or (25) any modification of Work Product not made by or on behalf of or authorized or recommended in writing by Sleepless.
EXCLUSION OF DAMAGES. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF SUCH PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
DAMAGES CAP. EACH PARTY' S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING WARRANTY CLAIMS ), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO SLEEPLESS, AND WITH RESPECT TO ANY CLAIM WILL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO SLEEPLESS DURING THE THREE MONTHS IM M EDI AT ELY PRECEDING THE CLA IM (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION).
Applicability. Some jurisdictions do not allow the exclusion or limitation of damages. This Section 9 (Limitations of Liability) will apply to Client solely to the extent permitted by Applicable Law. Moreover, this Section 9 (Limitations of Liability) will not apply to breaches of Section 4 or obligations pursuant to Section 9.CLIENT AGREES THAT THE LIMITATIONS SPECIFIED IN THIS SECTION 9 WILL APPLY EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Any claim, dispute, or controversy between the parties arising out
of or relating to this Agreement which cannot be satisfactorily
settled by the parties will be finally and exclusively settled by
binding arbitration (Arbitration
) upon the written request
of either party. The Arbitration will be administered under the
American Arbitration Association's Commercial Dispute Resolution
Procedures in force when the notice of arbitration is submitted
(the Rules
). The Arbitration will be conducted by one
arbitrator selected in accordance with the Rules. The seat of the
Arbitration will be in San Francisco County, California. The
Arbitration will be conducted in English. The Arbitration award
will be final and binding upon the parties, and judgment upon such
award may be entered in any court having jurisdiction. The
Arbitration proceedings and any award will be each party's
Confidential Information. The arbitrator's award may include
compensatory damages against either party but the arbitrator will
not be authorized to and will not award punitive damages against
either party. The parties agree to keep confidential the existence
of the arbitration, the arbitral proceedings, the submissions made
by the parties, and the decisions made by the arbitrator,
including its awards, except as required by Applicable Law and to
the extent not already in the public domain. Nothing in this
Agreement will be deemed to waive, preclude, or otherwise limit
the right of either party to: (A) seek injunctive relief in a
court of law; or (B) to file suit in a court of law to address an
Intellectual Property Rights infringement claim.
Governing Law. This Agreement is governed by California law without reference to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Subject to Section 10 (Arbitration), all claims arising under this Agreement will be litigated exclusively in the federal or state courts of San Francisco County, California. The parties submit to the jurisdiction in those courts.
Injunctive Relief. If either party breaches Sections 3 (Ownership and License) or 4 (Confidentiality), the other party may suffer irreparable harm, and monetary damages may be inadequate to compensate the non-breaching party. Accordingly, either party may, in addition to any other remedies available to it at law or in equity, seek injunctive or other equitable relief in response to any such breach.
Further Assurances. Each party will execute and deliver any documents or instruments, and take any further actions that are reasonably required, to provide the other party the full benefits and rights described in this Agreement.
Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and reasonable attorneys' fees
Assignment. Client Sleepless may not assign this Agreement or delegate its performance without Sleepless's Client's prior written consent, and any attempt to do so is void. Sleepless may assign this Agreement or delegate its performance without Client's consent.Subject to the foregoing, t This Agreement is binding upon and inures to the benefit of the parties' permitted successors and assigns.
Severability. If any provision of this Agreement or portion of a provision is invalid, illegal, or unenforceable, the rest of this Agreement will remain in effect.
No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
Entire Agreement. This Agreement (including the Order) constitutes the entire agreement and supersedes any other agreement of the parties relating to its subject matter (including any nondisclosure agreements entered into in anticipation of this Agreement). No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, or supplement the terms of this Agreement.
Amendment. This Agreement may only be amended in a writing signed by both parties and stating that it is amending this Agreement.
Relationship. The parties are independent contractors of each other. Each party is responsible for instructing and managing its employees and personnel. This Agreement does not create any agency, partnership, or joint venture relationship between the parties.
No Third-Party Beneficiaries. Other than the Sleepless Indemnified Parties, there are no third-party beneficiaries of this Agreement.
Notices.
All notices under this Agreement must be in writing and will be
considered given: (1) upon delivery, if delivered personally or by
internationally recognized courier service; (2) three business
days after being sent, if delivered by U.S. registered or
certified mail (return receipt requested); or (3) upon
acknowledgement of receipt (including electronic notification), if
delivered by email. Either party may update its notice address by
notice to the other party in accordance with this Section 11.M.
All notices to Client will be sent to the address listed on the
Order unless otherwise specified by Client. All notices to
Sleepless will be sent to:
Ready Set, Inc.
175
Yukon St.
San Francisco, CA 94114
Contact: John
Gargiulo, CEO
Attn:
John@ReadySet.co
Force Majeure.
Sleepless will not be liable for any delay or failure to perform
under this Agreement as a result of any cause or condition beyond
Sleepless's reasonable control (a Force Majeure Event
), so
long as Sleepless uses reasonable efforts to avoid or remove those
causes of delay or non-performance. If a Force Majeure Event
causes Sleepless to delay or fail to perform its obligations under
this Agreement, Client will not be required to pay Fees or other
amounts for such period and for 30 consecutive days, either party
may terminate this Agreement.
Interpretation.
If Sleepless provides a translation of the English language
version of this Agreement, the translation is provided solely for
convenience, and the English version will prevail. Any heading,
caption, or section title contained in this Agreement is for
convenience only, and in no way defines or explains any section or
provision. Any use of the term including
or variations
thereof in this Agreement will be construed as if followed by the
phrase without limitation.
Counterparts. This Agreement (including the Order) may be executed in counterparts (which may be exchanged by email). Each counterpart should be considered an original, but all counterparts together should constitute the same Agreement.
[End of Service Terms and Conditions]