Regpack Service Agreement and Data Processing Agreement

Regpack Service Agreement

This Service Agreement is a legal agreement between Regpack Inc. (hereafter referred to as the or "Regpack" or "we" or "our" or "us") will enter into this agreement with you (hereafter as the “client” or "you" or "your" or "licensee") to provide services outlined below (hereafter the “product” or "platform" or "project"). The effective date of this agreement is the date the setup fee is paid. Both Regpack and “client” hereto agree as follows:

Billing Terms

Terms are based on the amount of admin licenses and cost per license as outlined in the cart. Client can login to the Regpack administrative portal and navigate to “Billing” to review their current billing and cart. 

General Billing Terms

• Package(s)
  • A Package of Licenses refers to a bundled offering of multiple individual licenses provided by Regpack to the client under a single agreement. Each license within the package grants designated users specific rights to access and utilize the features, tools, and functionalities of the Service, as outlined in the applicable subscription or service plan.
  • The Package of Licenses may include, but is not limited to:
    • Admin License(s)
    • Specialized License(s)
    • Premium Features and/or Functions
    • Advanced Reports and/or Analytics

  • The total number and type of licenses included in the package are defined in the order form, pricing schedule, or attached exhibits, and are subject to the following conditions:

    • Allocation and Assignment: Licenses may only be assigned to specific users authorized by the Subscriber. Reassignment or reallocation of licenses must comply with the terms outlined herein.
    • Non-Transferability: Licenses within the package are non-transferable and may not be shared among multiple users unless explicitly permitted in writing by the Regpack.
    • Term and Renewal: The Package of Licenses is subject to the same term and renewal provisions as the overarching agreement.
    • Additional Licenses: Additional licenses beyond those included in the package may be purchased by upgrading packages.

    The client is responsible for ensuring that all users assigned licenses comply with the terms of this agreement. Misuse or unauthorized sharing of licenses may result in suspension or termination of access to the Service.

• Admin License(s)
  • Admin License(s) are granted access to the client's administrative portal where their access includes, but not limited to, managing user accounts, assigning license roles and permissions; configuring platform settings and integrations; facilitating billing and payment processing; accessing user payment data, financial analytics, and reports.
  • The Admin License is issued solely to the client or an authorized representative of the client. The client is responsible for ensuring that Admin Users act in accordance with the terms of this agreement. Misuse of the Admin License, including unauthorized access or use beyond its intended administrative scope, may result in suspension or termination of the license and associated services.

Admin License Levels

• Owner – includes access to all elements of the product and full permission to speak with Regpack representatives about all elements of the account. All owners must be Super Admins.
• Super Admin – includes read and write access to all building, payment, and reporting elements of the product including permission to speak with Regpack representatives about all elements of building, payment, and reporting elements.
• Financial Admin - includes read and write access to all payment elements of the product including permission to speak with Regpack representatives about all elements regarding payments.
• API Admin - strictly for accessing our Open API and webhook tools. It can’t be accessed by any individual(s) outside of the API connection. API admin licenses are not eligible for discounts, special promotions, or group pricing.
• Collaborator – includes only read and write access to user information.
• Guest – includes only read only access to user information.

Only Super Admin, Financial Admin, and Collaborator(s) are able to communicate with the Regpack Support Team via email. Only Super Admin(s) are eligible for training session(s) and scheduled phone calls. 

Licensing Packages Overview

The Client has the option to select one of the following licensing packages, each providing different levels of features, services, and support. All included features, functions, and services listed below are not exhaustive and can be adjusted with 30 days’ written notice from Service Provider :

Small to Medium Business (SMB) Package

Scope: Designed for smaller organizations with standard resource requirements.

Included Features:

• Package of Administrator Licenses to be distributed as needed. 
• Access to advanced module features.
• Eligible for API Integrations with an additional cost
  • Standard API License - 10,000 Daily Calls
  • Advanced API License - 25,000 Daily Calls
  • Mid-Market API License - 50,000 Daily Calls 

Payment Terms: Package will be billed every 365 days, with setup fee included in cost, and is eligible to be paid in installments.

Mid-Market Package

Scope: Designed for established organizations requiring more advanced features and reporting.

Included Features:

• All SMB features, plus:
  • Standard API License Access to API module and 3rd party integrations included in cost - 10,000 Daily Calls
  • Eligible for Advanced Reporting and Analytics with an additional cost

Payment Terms:  Package will be billed every 365 days, with setup fee included in cost, and is eligible to be paid in installments.

Enterprise Package

Scope: Tailored for large organizations with complex needs, requiring full customization and unlimited scalability.

Included Features:

• All Mid-Market features, plus:
  • (12) - Complimentary Project Consultation within initial (12) months of subscription 
  • Advanced API License Access to API module and 3rd party integrations included in cost - 25,000 Daily Calls
  • Organization Level Reporting and Analytics including in cost 
  • (1) - API Consultation meeting - Limit 60 minutes 
  • Access to Premium Support - All support messages are handled with highest priority

Payment Terms:  Package will be billed every 365 days, with setup fee included in cost, and is eligible to be paid in installments.

À La Carte Packages

Clients may also select à la carte licenses, which allow for access to core features while excluding certain advanced functions available in higher-tier packages (such as advanced module functions, advanced reporting, or API integrations, etc). 

Scope of À La Carte Licenses:

Core Access: Clients purchasing à la carte licenses will have access to essential registration and payment processing tools, which include:

• Basic registration forms and workflows.
• Standard payment collection and processing.
• Basic reporting tools.
• Limited Collaborator and Guest license(s) - Additional license(s) can be purchased by upgrading to package

Excluded Features: Clients opting for à la carte licenses will not have access to the following higher-level functions:

• Advanced module functions.
• API access for external integrations.
• Custom reporting and analytics beyond standard templates.
• Features requiring custom onboarding or dedicated account management.

Pricing & Terms:

Pricing: À la carte licenses are eligible for either 365 days or 730 day terms, not including additional nonrefundable setup fee for onboarding clients, and are not eligible to be paid in installments.

Limitations: Features not included in the à la carte package may be unlocked by upgrading to a SMB, Mid-Market, or Enterprise package, with written notice and an associated fee adjustment.

Upgrade and Downgrade Terms

Upgrade: The Client may upgrade to a higher licensing package at any time by providing written notice to the Service Provider. Upgrades can only be requested by a designated Account Owner and/or verified executive. Adjustments to the pricing will be prorated for the remainder of the billing cycle.

Downgrade: The Client may request to downgrade the package upon contract renewal or by providing 60 days’ notice before the next billing cycle. The downgrade will take effect at the start of the following billing cycle.

Term and Renewal

The terms of each package shall remain in effect as long as the Client maintains an active subscription. All packages shall renew automatically every 365 days. Renewals will be handled automatically at the end of each billing cycle unless terminated by either party, with 30 days’ written notice provided as per this Agreement.

Legacy Pricing Clause

Clients who have entered into a Service Agreement with the Service Provider prior to will retain their current pricing structure for as long as they remain on their existing package, subject to the conditions outlined below.

Conditions for Maintaining Legacy Pricing:

• Existing License Holders: The Client may continue using their current package and maintain their existing pricing without any increase for as long as they do not:
  • Add additional licenses beyond the current number.
  • Upgrade to a higher licensing package (e.g., SMB to Mid-Market or Mid-Market to Enterprise).
• Annual Pricing Adjustments Excluded: Clients with legacy pricing will not be subject to annual rate increases for the duration of their current agreement, unless the agreement is modified as described in section 5.2.

Termination of Legacy Pricing:

The Client acknowledges that legacy pricing will terminate, and standard pricing will apply if any of the following occurs:

• License Expansion: If the Client adds new admin licenses beyond the current number as of the Effective Date, the pricing will adjust to the then-current rate for the entire account.
• Upgrade to a Higher Package: If the Client chooses to upgrade their licensing package (e.g., from SMB to Mid-Market or Enterprise), the pricing will adjust to the then-current rate for the selected package.

Additional Features: If the Client elects to add new features or services that are not included in their current package, these will be subject to the current pricing for those features at the time of the request.

Payment Method

Clients must maintain a valid credit or debit card or bank account on file, saved electronically. By agreeing to these terms, you authorize Regpack to charge the saved payment method for all fees due under this agreement, including applicable taxes, late fees, and interest (as detailed below). Payments made through alternative methods are subject to a prepayment requirement, and all upcoming balances must be paid within twenty-eight (28) days of the due date. If payment is not received within this period, Regpack reserves the right to charge the saved electronic payment method for the outstanding balance.

You represent and warrant that you are legally authorized to use the provided payment method and agree to be solely responsible for any fraud, abuse, or unauthorized use associated with the payment method by yourself or others.

Refund Policy

All payments, including packages or legacy annual license fees, initial setup fees, project consultation fees, and any other incurred fees, are non-refundable once paid. For cancellation of a monthly or annual plan, refer to the Cancellation Policy section outlined below.

Account Suspension

Clients may suspend their account once per 12-month period for up to 60 days. During suspension, billing will pause, and account access will be restricted. Requests for access to information during the suspension period will automatically reactivate the account, and billing will resume immediately.

To suspend your account, you must submit a written request by emailing payments@regpacks.com. The suspension will take effect once the request has been received and processed. Unless otherwise specified, the account will automatically reactivate after 60 days, and billing will resume as normal.

Cancellation Policy

To cancel your account, at least 90 days’ notice is required. Cancellation requests must be submitted by account owners through the administrative portal by navigating to Settings → Billing → Cancellation Request.

If you wish to cancel within 90 days of your preferred cancellation date, Regpack offers the following options for immediate cancellation:

1. One-Time Fee: Payment of 50% of all Super Admin licenses under your organization or a minimum of $2,000 USD to cancel all Super Admin licenses that are 12 months or longer. Upon receipt of payment, Regpack will close the account immediately.
2. Upfront Payment: Payment of the license fees for all monthly Super Admin licenses listed in your account for the subsequent 90 days. Upon receipt of payment, Regpack will close the account immediately.

Reactivating or re-opening an account resets the cancellation notice requirement.

Enforcement of Licensee Access

Clients are responsible for managing user access to Regpack’s administrative portal, including inviting, removing, and adjusting permissions for individual users. Regpack and its representatives will not make changes to user access, except for inviting the initial account owner.

Licensees will have access to the portal features and permissions assigned by the client. Clients are fully responsible for any actions taken by their authorized users. Regpack is not liable for malicious actions, data loss, or damages caused by authorized users, including but not limited to password sharing or loss of access due to negligence.

Licenses cannot be used simultaneously on multiple devices or by multiple individuals. Attempts to access the portal simultaneously will result in immediate expulsion. Multiple expulsions may lead to permanent license termination.

All licenses require multi-factor authentication (MFA), which cannot be disabled or circumvented. MFA codes will be sent to the documented email address associated with the license. Email addresses must be unique to each licensee and cannot be shared inboxes. Regpack reserves the right to reject email addresses that may be accessed by multiple individuals.

Admin License Transfer Policy

Regpack allows license transfers at no additional cost as long as the account has available seats within its package license allocation. If a transfer exceeds the allotted seats, the following conditions apply:

• Exceeding Seat Allotment:
  • Transfers that breach the seat allotment will incur additional costs. These costs may include:
    • The full cost of an additional single license, or
    • An upgrade to a higher package that accommodates the required seats.
• Eligibility for License Transfers:
  • Transfers are available only for accounts subscribed to package plans.
  • Accounts on legacy pricing plans are not eligible for license transfers under any circumstances.
• Transfer Limits:
  • A maximum of one (1) transfer is allowed per calendar year at no cost, provided it does not exceed seat allotment.
  • For transfers exceeding this limit or requiring additional seats, fees or package upgrades will apply as outlined above.
• Case-by-Case Review:
  • Requests for additional transfers beyond the third in a calendar year or special cases will be reviewed and considered at Regpack’s sole discretion.

Regpack reserves the right to amend this License Transfer Policy, including pricing and eligibility requirements, at any time without prior notice.

Project Consultation

As part of your onboarding process, your first project build includes Project Consultation services for a duration of 2 months from the date of your first payment. If your Project Build is not completed within this timeframe and you wish to continue working with your assigned Project Manager, an additional fee will apply. Following the initial project build, Project Manager assistance for additional projects will also be available for an additional fee.

Scope of Project Consultation

The Project Manager is responsible for assisting the client with the foundational structure of their project, including:

1. Initial Form Structure: Setting up and configuring up to 15 initial forms.
2. Product and Discount Setup: Establishing the initial structure for products and discounts, as necessary.
3. Training and Scheduling: Providing guidance and scheduling training sessions for the client.
4. Email Trigger Review: Reviewing and ensuring email communication mechanisms function as expected.

Once the Project Manager determines that the project is ready to go live, the client will transition to the support team. The typical timeline for project readiness, including live registration, is 10 business days following the submission and approval of all required client documentation by the Project Manager. All pricing and related documentation must be submitted in full and approved before the build process begins. The projected timeline is contingent upon the client meeting all tasks and deadlines as specified by the Project Manager.

Regpack reserves the right to reassign the Project Consultant or discontinue Project Consultation services without cause or prior notice.

Exclusions from Project Consultation

Project Consultation does not include:

• Text adjustments or modifications to elements after insertion into the project. Super Admins will have the ability to make these adjustments after the structural build is complete.
• Support or maintenance after the project is ready to go live.
• Creation or setup of user reports.
• Drafting or implementation of email messages for user communication.
• Manual entry or typing of legal documents or agreements.
• Design services, image implementation, or HTML coding support.

Inclusions in Project Consultation

Project Consultation does include:

• Creation and setup of the initial forms (up to 15 forms).
• Setup of initial products or services, if applicable.
• Confirmation and review of email trigger mechanisms to ensure proper functionality.
• Initial instructions on how to access and edit elements that are not included in the scope of Project Manager support.

Integrated Payments

Regpack facilitates online payments via credit cards and ACH transfers for U.S. bank accounts only. All payment processing is handled through third-party partners, including but not limited to BlueSnap and Stripe. These partners are solely responsible for all aspects of payment processing, including but not limited to:

• Money transfer and fund arrival,
• Payment authentication,
• Fraud detection, and
• Chargeback arbitration.

Risk Assessments and Processing Rates
Our payment partners conduct independent risk assessments, which may impact the processing rates applied to transactions. Regpack acts only as the technological intermediary for payment processing and assumes no responsibility for fund transfers or associated activities.

Clients enter into a standard processing agreement directly with the payment processing partner assigned to their project or organization. The integration of additional processing partners is solely at Regpack’s discretion.

Merchant Account Requirements

To enable payment services, clients must apply as a merchant through Regpack. As part of this process, all merchant accounts are subject to Know Your Customer (KYC) verification, requiring individual identity verification. For further details, please refer to the Terms of Service of our integrated payment partners:

• Stripe Terms of Service
• BlueSnap Terms and Conditions
• BlueSnap Merchant Agreement

By entering into this agreement with Regpack, you confirm that you have reviewed and agree to the Terms of Service and Privacy Policies of our payment processing partners applicable to your country of operation.

Prohibited Transactions

• Illegal Products and Services: The processing of payments for illegal products or services is strictly prohibited by Regpack and its integrated payment partners.
• Sanctioned Countries and Currencies: Transactions are restricted to countries and currencies not listed on the U.S. State Department's blocked or sanctioned list.

For inquiries regarding payment eligibility for specific countries or transactions, please contact the Regpack Payments team at payments@regpacks.com.

Prohibited Data Collection

The client, its representatives, and contractors are strictly prohibited from collecting sensitive financial data through unauthorized methods or fields within Regpack. Sensitive financial data includes, but is not limited to:

• Full credit card numbers,
• Images of credit cards, and
• Any associated identifying information.

All interactions with sensitive financial data within Regpack must occur exclusively through authorized widgets, which are encrypted in compliance with PCI regulations. Any violation of this policy may result in the suspension or termination of the client’s access to Regpack services.

Integrated Payment Reports

Regpack provides clients with the ability to generate and export transaction reports in .csv format using tokens provided within the platform. Clients also have the option to create and export payout reports directly through Regpack based on their license role and/or permissions. 

Transaction reports include, but are not limited to, the following details:

• Sales, refunds, and chargebacks,
• Transaction details such as name, amount, date, and last four digits of the credit card number,
• A breakdown of commissions deducted from payments, and
• Processing rates for each payment method.

Processing Fees

• Determination of Fees:
  Credit card processing fees are determined by the credit card issuer. Specific rates for processing can be obtained from the Regpack Payments team upon request. American Express, Discover, and Diners Club cards will incur an additional surcharge of 1.6% plus $0.50 on top of standard Visa/Mastercard rates.
• Payment Method Limitation:
  Clients can independently control the payment methods available within their projects, including:
  • Limiting payments to credit cards only,
  • Restricting specific types of credit cards, or
  • Offering ACH payment options exclusively.
• Fee Adjustments:
  Processing fees are subject to change due to:
  • Risk re-evaluation by processing partners,
  • Changes in applicable laws or regulations,
  • Adjustments by credit card companies, or
  • Pricing changes by third-party processors.
• Initial and Quarterly Fee Evaluations:
  • Processing fees are determined during the onboarding process, based on estimated transaction volumes and payment method ratios provided to the Regpack Sales representative.
  • Documentation may be required to secure initially quoted rates.
  • Processing fees will be re-evaluated quarterly based on actual transaction performance.
• Fee Deductions and Deposits:
  • Processing fees are automatically deducted from transactions before funds are deposited into the client’s bank account.
  • Clients can access a dashboard maintained by processing partners to review and reconcile transaction details.
  • Funds can be deposited via ACH transfer or wire transfer, with additional fees applicable for wire transfers.
  • Deposit schedules can be selected by the client, with options for daily, weekly, or monthly deposits.
• Risk Holds:
  • Processing partners may place a hold on client funds based on their independent risk evaluations.

Payment Risk Compliance

To mitigate the risk of chargebacks and mass refunds, the client acknowledges that Regpack may, at any time, require the addition of specific information to the client’s offerings across all projects. These requirements are necessary to maintain compliance with the following:

• Risk protocols and guidelines from government entities,
• Card issuer policies,
• Regpack’s payment gateway agreements, and
• Regpack’s internal risk standards.

Failure to comply with these requirements may result in increased processing rates to offset heightened risk levels.

Data Requirements
To ensure compliance, the client must provide the following information for all offerings, including but not limited to:

• The date or date range of all in-person and virtual offerings, and
• A detailed description of each offering, including its price.

Updates to Compliance Conditions
Regpack reserves the right to update these compliance requirements at any time to align with changes in risk guidelines from processing partners or adjustments to government or industry standards.

Refunds

Clients can issue refunds directly through the embedded refund function in Regpack’s administrative portal.

Refunds Beyond 60 Days or Pending ACH Payments
For refunds requested more than 60 days after the transaction date or for pending ACH payments, the following process applies:

1. The client must send an email from an authorized licensee to payments@regpacks.com.
2. The email must include:
   • The full name of the payee,
   • The email address of the payee, and
   • The refund amount.

Refunds for these cases will be processed within 48-72 business hours. Once processed:

• The user’s balance will be updated accordingly.
• Refunds will appear as negative amounts on the payment page, accessible to the client at any time.

Chargebacks and ECP Reversals

Chargebacks

• The client will incur a $15 fee for each chargeback.
• A chargeback occurs when a consumer's issuing bank initiates the return of funds previously transferred to the client. Chargebacks typically arise from disputes or claims initiated by the consumer and result in the reversal of the original transaction.
• If the client chooses to dispute a chargeback, the review process and final determination are managed solely by the processing partner. Regpack does not participate in or influence the outcome of chargeback reviews.

ECP (Electronic Check Processing) Reversals

• The client will incur a $4 fee for each ECP reversal caused by a declined ACH payment.
• Common reasons for ACH payment reversals include:
  • Insufficient funds,
  • Incorrect account information,
  • Inability to locate the account, or
  • Other factors related to payment processing.

Purchase Protection

Purchase Protection is a third-party service available for organizations to integrate into their projects at no additional cost. This service provides reimbursement for eligible products under specific criteria, such as illness, ensuring users are protected for qualifying scenarios.

Key Features:

• Coverage: Purchase Protection covers some or all of the user’s payment for eligible products if the established eligibility criteria are met.
• Opt-In/Opt-Out Flexibility: The software allows both the client and their users to opt-in or opt-out of the service on a per-project basis, providing flexibility for individual needs.

For further details on eligibility requirements and conditions, refer to the full Purchase Protection Terms of Service here.

Account/Admin Support

Regpack provides support primarily via email during business hours, which are Monday through Friday, 9:00 AM - 5:00 PM PST. Regpack reserves the right to amend or adjust these support hours at any time without prior notice.

All inquiries, concerns, requests, and issues must be submitted directly by a licensed user to support@regpacks.com.

Project Updates/Maintenance

Regpack is not responsible for the day-to-day maintenance of the client’s project. This includes, but is not limited to:

• Updating text, fields, products, emails, or triggers,
• Modifying any function or feature the client has access to within the platform.

The client is solely responsible for making updates and maintaining their project using the tools and functionality provided by Regpack.

Development Requests

Regpack provides its product on an “as-is” basis and retains sole discretion over the features and functions available within the platform, as well as future development priorities. While clients are welcome to submit feature requests, Regpack does not guarantee development timelines or implementation of such requests.

For custom development requests specific to a client’s project:

• These requests require additional fees and are subject to approval by Regpack’s Head of Development.
• Custom development will be priced according to the scope of work provided by the client.

End User Contact

Regpack does not provide direct support to a client’s end users. If an issue requires Regpack to interact with an end user for troubleshooting purposes, the following conditions apply:

• The client must act as an intermediary and facilitate communication between Regpack and the end user except in cases involving Purchase Protection.
• Any direct contact with an end user by Regpack requires written consent from the client.

Regpack will not sell any end user information to third parties without prior authorization from the client.

Account/Admin Support Eligibility

Regpack verifies support eligibility based on an individual’s admin level and/or permissions within the project. Support is provided exclusively to individuals with an active admin license, and Regpack staff will only engage with individuals regarding projects to which they have access.

For security purposes, any individual without an admin license is considered unauthorized and will not be eligible for support.

Security

Regpack is designed with robust security measures to protect client and user data:

• Data Encryption:
  • All operations are conducted on encrypted servers with SSL 256-bit encryption.
  • Data transfer is secured using the SSL protocol to ensure it cannot be viewed by unauthorized third parties.
• Payment Security:
  • Payment information is processed using a split database mechanism, where user information and payment data are stored separately.
  • Payment data is stored on a PCI-1 compliant server with the following safeguards:
    • Encrypted API access,
    • IP address whitelisting,
    • Rotating passwords and usernames, and
    • On-the-fly protection algorithms to establish secure handshakes.
  • Payment data can only be accessed within the Regpack network or by Regpack’s processing partners.
• PCI Compliance:
  • Regpack is PCI Level 2 compliant and undergoes:
    • Daily scans to verify system integrity,
    • Daily backups to secure client data, and
    • Regular independent audits to confirm compliance.

Violations of PCI Compliance
Any client action that breaches PCI compliance regulations will result in the immediate suspension of the client’s account and permanent purging of all account information. Violations include but are not limited to:

• Collecting credit card or bank information outside of Regpack’s checkout widget,
• Capturing payment data from end users via unauthorized forms,
• Sharing login credentials or admin licenses with multiple individuals, and
• Any other action that violates PCI compliance regulations.

Any client who’s willful negligence is found to be the cause of any disaster or major outage will be held liable for any cost incurred by Regpack or affected parties. Any third party partner company found in violation may have their access terminated.

Application Updates and Releases

Regpack will release updates to the platform at its sole discretion. These updates, including their frequency and content, are determined internally by Regpack’s development team.

• Issue Reporting and Fixes:
  • All client-reported issues will be reviewed by Regpack.
  • Fixes for confirmed issues will follow Regpack’s internal release timelines, which are non-binding and communicated at Regpack’s discretion.
• Release Dates:
  • Release dates for updates or fixes are generally kept internal. If shared, these dates are non-binding and subject to change.

Development Timeline

For custom feature requests:

• A timeline will be provided and agreed upon by the project stakeholders prior to payment.
• The timeline will only become binding if payment is received by the date outlined in the quote.

For project-related tasks, such as admin email/name adjustments or vendor account implementation, completion time may take up to 14 business days.

For issues escalated to Regpack’s development team:

• Investigation may take up to 14 business days.
• If the issue is confirmed as legitimate, it will follow Regpack’s standard release guidelines as outlined above.

All applications, modules, systems, functions, abilities, and structures built by Regpack are our sole property. Any fees paid are for active accounts only and not for ownership. The client cannot claim rights to this property due to usage, payment, improvement, or participation in the development process.

Additional Disclaimers

Except as expressly provided in this Agreement, all services are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permitted by law, Regpack disclaims all implied conditions, representations, and warranties, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement.

Regpack makes no guarantees, representations, or warranties regarding:

• The usefulness, quality, or suitability of the services,
• The completeness or accuracy of the services, or
• That the services will be error-free, uninterrupted, or free from defects.

Modification of Terms
Regpack reserves the right to update or amend this Agreement at any time without cause or prior notice. By agreeing to these terms, you acknowledge and accept that the terms may be changed or updated without prior notice.

Arbitration

This Agreement includes an arbitration provision that governs any disputes between Regpack and the client. By agreeing to these terms, you acknowledge that arbitration eliminates the right to a trial by jury and significantly affects your rights, including prohibiting participation in class or consolidated proceedings.

Arbitration Process

• Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA).
• The judgment rendered by the arbitrator(s) may be entered in any court with appropriate jurisdiction.
• The location of arbitration proceedings may be amended or adjusted to comply with local laws and statutes.

Data Storage Upon Suspension or Cancellation

Regpack complies with GDPR and other applicable data protection regulations by limiting data retention based on account status.

1. Suspended Accounts:
   • User data for suspended accounts will be stored for a maximum of 6 months.
   • Accounts suspended for this period will automatically be reactivated upon reaching the term limit, and billing will resume per the terms outlined in this Agreement.
2. Canceled Accounts:
   • Canceling an account will result in the immediate and permanent purging of all user data.
   • Once data has been purged, it cannot be recovered.
3. Request Process:
   • All suspension or cancellation requests must be submitted and confirmed in writing.

Important Notice
By canceling or suspending your account, you acknowledge that data retention policies apply as outlined above, and purged data cannot be recovered.

Limitation of Liability

• Aggregate Liability
  • In no event shall either party’s total aggregate liability arising out of or related to this Agreement, whether in contract, tort, or under any other theory of liability, exceed the total fees actually paid to Regpack by the client under this Agreement in the twelve (12) months preceding the incident(s) giving rise to such liability.
• Client Responsibility
  • Regpack assumes no liability for the client’s failure to perform in accordance with this Agreement or for any outcomes resulting from the client’s acts, omissions, negligence, or the actions of the client’s subcontractors, agents, or employees.
  • Regpack shall not be liable for third-party claims arising from or in connection with:
    • The client’s products, messages, or programs,
    • The client’s caller contracts, promotions, or advertising,
    • Allegations of libel, slander, or violation of intellectual property rights (e.g., copyright or trademark infringement) in relation to the client’s products or services.

Exclusion of Damages

• No Liability for Indirect Damages
  • In no event shall Regpack or the client be liable to each other, or to any other party, for any:
    • Lost profits, loss of business, goodwill, or revenue,
    • Indirect, special, incidental, punitive, or consequential damages,
    • Damages caused by or arising under any theory of liability, including contract or tort, even if advised of the possibility of such damages.
• Client Responsibility for Products and Payments
  • The client assumes full responsibility and liability for:
    • Payments processed (automated or manual),
    • Delivery of purchased goods or services,
    • Use, production, and/or commercialization of the Licensed Technology, including its safety, effectiveness, and reliability.
  • Regpack shall not, under any circumstances, be held liable for any indirect, special, consequential, or punitive damages related to the client’s practice of the rights granted herein.

  • Remarks

    • Taxes and VAT
      • Prices listed do not include VAT or any other applicable taxes. The client is responsible for calculating and applying these taxes in their system as required by law.
    • Use of Client Information
      • Regpack reserves the right to use the client’s logo and company name in marketing materials and promotions, identifying the client as a Regpack account.
    • Processing Fee Validity
      • The processing fees and any custom pricing outlined in this Agreement are valid for 30 days from the signing of this Agreement and will automatically renew monthly.
    • Terms of Service Access
      • The client may request the most up-to-date version of Regpack’s Terms of Service at any time by contacting support@regpacks.com.

Assignment

Regpack will process personal data solely in accordance with your written instructions, unless required to do so by law. By signing this Agreement, you authorize Regpack to process personal data collected on your behalf. Regpack employs appropriate technical and organizational measures to ensure the secure processing of personal data.

While Regpack takes every reasonable step to maintain the security of personal data, you agree to uphold your own technical and organizational responsibilities to ensure data security. These responsibilities include, but are not limited to:

• Protecting Admin Credentials: Do not share your admin credentials with any unauthorized individuals.
• Account Access: Limit account access to authorized personnel only.
• Third-Party Compliance: Ensure that any third parties you engage with are compliant with GDPR and other applicable data protection laws when handling personal data.

Client Responsibilities

As part of your responsibilities under this Agreement, you are required to:

1.  
   • Maintain Data Security: Take all necessary steps to secure personal data, including adhering to the responsibilities outlined above.
   • Report Data Breaches: Notify Regpack immediately of any personal data breaches that occur.
   • Handle Data Deletion Requests: Fulfill user requests for data deletion within one (1) month of the request being received, owner admin have access to purge any user information with no additional costs or charges.

Regpack Data Processing Agreement (DPA)

This Data Processing Agreement (“DPA”) is entered into by and between Regpack, Inc. (“Regpack”) and the party signing this agreement (the “Customer,” also referred to as the “Data Controller”) and governs the processing and security of Personal Data under the Agreement. This DPA is effective as of the last signature date (“Effective Date”) and is incorporated into the Regpack Terms and Conditions, including the Privacy Policy (collectively, the “Agreement”).

This DPA reflects the parties’ agreement regarding the processing of Personal Data under applicable Data Protection Laws, including the General Data Protection Regulation (EU) 2016/679 ("GDPR"). 

1. Purpose and Scope

Each party agrees to process Personal Data only for the purposes set forth in the Agreement and in accordance with Applicable Data Protection Laws.

2. Definitions

• Applicable Data Protection Laws: All laws and regulations applicable to the Processing of Personal Data under the Agreement, including the GDPR.
• Controller: The entity determining the purposes and means of Processing Personal Data.
• Processor: The entity processing Personal Data on behalf of the Controller.
• Sub-processor: Any third party engaged by the Processor to process Personal Data.
• Personal Data: Information relating to an identified or identifiable individual.
• Processing: Any operation performed on Personal Data, such as collection, storage, and use.
• User: The individual to whom the Personal Data relates.

3. Roles and Responsibilities

Customer is the Controller; Regpack is the Processor. Regpack shall only process Personal Data per the Customer’s documented instructions, unless required otherwise by law.

4. Customer Obligations

Customer must ensure it has the necessary rights to provide Personal Data to Regpack and that such data was collected in accordance with Applicable Data Protection Laws. Customer shall handle User data subject rights requests.

5. Regpack Obligations

Regpack shall:

• Implement appropriate technical and organizational measures.
• Only process Personal Data to provide and improve the Services.
• Not use Personal Data for any unauthorized purpose.

6. Sub-processors

Customer provides general authorization for Regpack to use Sub-processors. Each Sub-processor is bound by data protection terms no less protective than this DPA. A list of Sub-processors is available upon request.

7. Data Subject Rights

Regpack will assist Customer with responding to User rights requests by implementing appropriate technical and organizational measures.

8. International Transfers

Transfers of Personal Data outside the EEA will comply with Chapter V of the GDPR and be made under valid legal mechanisms, such as Standard Contractual Clauses.

9. Security

Regpack maintains security standards outlined at https://www.regpacks.com/regpack-security/. Regpack will not reduce these standards during the term of the Agreement.

11. Limitation of Liability

Each party's liability under this DPA is governed by the "Limitation of Liability" section in the Regpack Service Agreement.

12. Order of Precedence

In case of conflict:

• The Regpack Service Agreement prevails over this DPA.
• The Standard Contractual Clauses prevail over both.

13. U.S. and Canadian Privacy Law Compliance

Regpack agrees to comply with applicable U.S. state privacy laws, including:

• California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
• Virginia Consumer Data Protection Act (VCDPA)
• Colorado Privacy Act (CPA)
• Connecticut Data Privacy Act (CTDPA)
• Utah Consumer Privacy Act (UCPA)
• Texas Data Privacy and Security Act (TDPSA)

Regpack shall:

• Not sell or share Personal Data.
• Use Personal Data only as needed to perform services.
• Maintain appropriate safeguards and contractual compliance.

Canadian Law: Regpack will comply with PIPEDA and applicable provincial privacy laws, including Quebec’s Law 25. Cross-border transfers will ensure adequate protection under Canadian law.

Standard Contractual Clauses (SCCs) – Module 2: Controller to Processor

SECTION I

• Clause 1: Sets safeguards for data transfers under Article 46(2)(c) of GDPR.
• Clause 2: Clauses are binding and may not be modified except to add non-conflicting terms.
• Clause 3: Data subjects may enforce these Clauses as third-party beneficiaries.

SECTION II – Obligations of the Parties

• Clause 4: Data importer processes data per instructions and ensures security.
• Clause 5: Data importer informs data exporter of any subject requests.
• Clause 6: Data importer provides a contact for complaints and cooperates in resolution.
• Clause 7: Cooperation with supervisory authorities is required.

SECTION III – Local Laws and Obligations

• Clause 8: Data importer must confirm local laws don’t conflict with SCC obligations.
• Clause 9: Data importer must notify exporter and subject of legally binding access requests.

SECTION IV – Use of Sub-processors

• Clause 10: Data exporter gives general authorization for sub-processors; importer must inform of changes.

SECTION V – Final Provisions

• Clause 11: Upon termination, data must be returned or deleted unless legally required to retain it.
• Clause 12: Governing law is that of the exporter’s country.
• Clause 13: Disputes shall be resolved in the exporter’s jurisdiction.
• Clause 14: Both parties affirm agreement to the SCCs.

For more information or support, please contact support@regpacks.com.