Acceptance of Terms

By clicking "I Agree," checking the acceptance box, or by accessing or using the Services, you ("Customer") acknowledge that you have read, understood, and agree to be bound by this Services Agreement (this "Agreement") between you and Tradesly, Inc. ("Tradesly"). If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity to this Agreement. If you do not agree to these terms, do not click "I Agree" and do not use the Services.

This Agreement governs Customer's access to and use of Tradesly's AI-enabled customer engagement, lead qualification, and scheduling platform and related support services (collectively, the "Services"). Customer is a home service business that uses the Services to communicate with and schedule appointments with its customers or prospective customers (each, an "End Customer"), including through Tradesly's Services.

1. Definitions

"AI Agent" means an automated conversational agent (including voice, SMS, chat, and email agents) that uses AI Models to generate and deliver messages, capture information, qualify requests, and schedule or propose appointments.

"AI Models" means the machine learning and/or statistical models (including large language models) used by Tradesly or its subprocessors to provide the Services.

"Authorized Users" means Customer's employees, contractors, and agents authorized by Customer to access and use the Services on Customer's behalf.

"Customer Data" means information relating to End Customers that is provided to or collected by the Services on Customer's behalf, including contact information, service requests, appointment details, communications content (including call recordings and transcripts where enabled), and any other information that identifies, relates to, describes, or could reasonably be linked to an End Customer.

"Documentation" means user guides, technical documentation, and other materials made available by Tradesly relating to the Services.

"End Customer" means an individual who communicates with Customer or the Services regarding potential or scheduled services.

"Integrated Systems" means Customer's third-party systems that are integrated with or connected to the Services (e.g., calendar, CRM, field service management, dispatch, telephony, messaging, or payment systems) to enable scheduling, routing, messaging, or data synchronization.

"Order Form" means an order form, statement of work, or other ordering document executed by the Parties that references this Agreement and identifies subscription terms, fees, usage limits (if any), and any additional or different terms agreed by the Parties.

"Outputs" means content, messages, summaries, classifications, routing recommendations, or other results generated by the Services or AI Agents in response to Inputs.

"Inputs" means information, instructions, configuration settings, scripts, prompts, data, and content submitted to the Services by or on behalf of Customer or End Customers, including through Integrated Systems.

"Personal Data" means information that identifies or relates to an identified or identifiable individual and is regulated as "personal data," "personal information," or similar term under applicable privacy laws.

"Sensitive Data" means government-issued identification numbers, financial account numbers, payment card data, precise geolocation, biometric information, or any other data classified as "sensitive" under applicable law, and Protected Health Information ("PHI") as defined under HIPAA.

"Subprocessor" means a third party engaged by Tradesly to process Customer Data on Tradesly's behalf in connection with the Services.

"Usage Data" means de-identified or aggregated data regarding the operation, performance, and use of the Services, including logs, device and browser information, and telemetry, in each case excluding Customer Data and excluding any data that identifies Customer or an End Customer.

2. Services

(a) Provision of Services. During the Term and subject to Customer's compliance with this Agreement and payment of applicable fees, Tradesly will provide Customer access to the Services as described in the applicable Order Form and Documentation.

(b) Scope and Configuration. Customer controls the configuration of the Services, including business hours, service areas, pricing and eligibility rules, scheduling windows, escalation paths, and any scripts or playbooks used by AI Agents. Customer is responsible for ensuring its configurations are accurate and appropriate for its business.

(c) No Guaranteed Outcomes. The Services are intended to assist with customer engagement and scheduling; however, Tradesly does not guarantee lead conversion, appointment volume, revenue, or any particular business outcome.

(d) Service Changes. Tradesly may modify, update, or discontinue features, integrations, or underlying AI Models from time to time to improve performance, security, or compliance, or to comply with law. Tradesly will use commercially reasonable efforts to provide advance notice of material changes that adversely affect the Services.

(e) Third-Party Services. The Services may interoperate with third-party products and services (including Integrated Systems and telecommunications providers). Tradesly is not responsible for third-party products or services, and third-party terms may apply to Customer's use of them.

3. Integrated Systems

(a) Access to Integrated Systems. To perform the Services (including scheduling, routing, messaging, and data synchronization), Customer authorizes Tradesly to access Integrated Systems using credentials, API keys, or tokens provided by Customer. Tradesly will access Integrated Systems only to the extent reasonably necessary to provide the Services.

(b) Integrated System Permissions. Customer is responsible for ensuring that it has the right to grant Tradesly access to Integrated Systems and for maintaining appropriate permissions and licenses. Customer remains responsible for the accuracy and integrity of data in Integrated Systems.

(c) Account Security. Customer is responsible for maintaining the confidentiality and security of its credentials, API keys, and tokens, and for all activity that occurs under its account. Customer will promptly notify Tradesly of any suspected unauthorized access or security incident involving its account.

4. Customer Responsibilities

(a) Use Restrictions. Customer will ensure that Authorized Users use the Services only for Customer's internal business purposes and in accordance with this Agreement and the Documentation.

(b) Business Information. Customer will provide and keep current accurate information needed for the Services to operate as intended, including service offerings, pricing parameters (including any diagnostic fees), appointment availability, service areas, dispatch rules, warranty policies, and escalation contacts.

(c) Customer Relationships and Performance. Customer is solely responsible for all services performed for End Customers, including workmanship, pricing, estimates, warranties, licensing, permits, and regulatory compliance. Tradesly does not provide home services and is not a party to any agreement between Customer and an End Customer.

(d) Compliance with Law. Customer will use the Services in compliance with all applicable laws and regulations, including consumer protection laws, advertising and marketing laws, telecommunications laws (including the TCPA), and privacy and data protection laws.

(e) Consents and Disclosures. Customer will obtain and maintain all consents and provide all notices and disclosures required for Tradesly and the Services to communicate with End Customers on Customer's behalf, including notices and consents for automated calls, texts, prerecorded or artificial voice messages, call recording and transcription, and required AI disclosures.

(f) Prohibited Data. Customer will not (and will ensure that Authorized Users do not) submit Sensitive Data to the Services unless expressly permitted in writing by Tradesly. Customer acknowledges that the Services are not designed for processing PHI and are not provided as a HIPAA-compliant service.

5. Acceptable Use; Platform Protections

(a) Acceptable Use. Customer will not use (and will not permit any third party to use) the Services to: (i) violate any law; (ii) send unlawful, deceptive, or abusive communications; (iii) send spam or unsolicited marketing communications; (iv) infringe, misappropriate, or otherwise violate any intellectual property or other rights; (v) transmit malware or harmful code; or (vi) interfere with or disrupt the integrity or performance of the Services.

(b) Security and Model Integrity. Customer will not attempt to (i) gain unauthorized access to the Services or related systems; (ii) probe, scan, or test vulnerabilities; (iii) circumvent usage limits or access restrictions; (iv) reverse engineer, extract, or attempt to discover source code, model weights, or underlying prompts; or (v) use the Services to build or train a competing product.

(c) Suspension for Misuse. Tradesly may suspend or limit access to the Services (in whole or in part) if Tradesly reasonably believes Customer's use presents a security risk, violates this Agreement, or could result in liability to Tradesly or third parties. Where practicable, Tradesly will provide notice and an opportunity to cure before suspension.

6. AI Terms; Disclosures; Human Oversight

(a) AI Nature and Limitations. Customer acknowledges that Outputs are generated using probabilistic techniques and may be inaccurate, incomplete, or inappropriate in some circumstances (including due to ambiguity or error in Inputs). Tradesly does not warrant that Outputs will be correct, error-free, or suitable for any particular purpose.

(b) Human Oversight and Responsibility. Customer remains solely responsible for (i) decisions made based on Outputs (including whether to schedule, confirm, or cancel appointments); (ii) the content and compliance of communications sent to End Customers on Customer's behalf; and (iii) any estimates, pricing, or representations made to End Customers. Customer will implement appropriate human review and escalation procedures for situations where AI Agents cannot confidently resolve an inquiry or where human judgment is required.

(c) AI Disclosure to End Customers. Where required by law or where configured by Customer, the Services may disclose that an End Customer is interacting with an automated or AI-powered agent. Customer will not instruct Tradesly or configure the Services to misrepresent AI Agents as human agents or to otherwise engage in deceptive practices.

(d) Recordings, Transcripts, and Quality Monitoring. If enabled, Tradesly may record and/or transcribe calls, chats, or messages processed through the Services to provide the Services, improve routing and summarization, and for quality assurance and compliance purposes. Customer is responsible for ensuring that all legally required notices and consents for recording and transcription are obtained and maintained.

(e) Model and Prompt Updates. Tradesly may update AI Models, prompts, guardrails, and other components of the Services. Tradesly may also use automated and manual review processes to monitor for abuse, safety risks, and quality issues, in each case subject to Section 8 (Data Protection and Security).

(f) Use of Customer Data for Improvement. Tradesly will process Customer Data to provide the Services and may use Usage Data and de-identified or aggregated data to maintain, improve, and develop the Services. Tradesly will not use Customer Data to train general-purpose models that are shared across customers except (i) with Customer's written authorization, (ii) where Customer Data has been de-identified so that it does not reasonably identify Customer or any End Customer, or (iii) as otherwise set forth in an Order Form or data processing addendum.

7. Communications; TCPA and Marketing Compliance

(a) Authorization to Communicate. Customer authorizes Tradesly to initiate and send communications to End Customers on Customer's behalf through the Services, including voice calls, SMS/MMS, email, and other electronic messages, for purposes such as responding to inquiries, lead qualification, appointment scheduling and confirmations, reminders, dispatch notifications, and service follow-ups, as configured by Customer.

(b) TCPA; Telemarketing Laws; Consent. Each Party will comply with the Telephone Consumer Protection Act (47 U.S.C. § 227) ("TCPA"), its implementing regulations, and applicable state analogs, as well as the CAN-SPAM Act and other applicable marketing and communications laws. Customer represents and warrants that it has obtained (and will obtain and maintain) all consents, authorizations, and permissions required for communications initiated through the Services, including any required prior express consent and/or prior express written consent for marketing or telemarketing calls or texts, prerecorded or artificial voice messages, and use of automated dialing or messaging technology.

(c) Consent Records. Customer will maintain commercially reasonable records of End Customer consents and will provide such records to Tradesly upon request in connection with a governmental inquiry, litigation hold, or third-party claim. Customer will provide Tradesly (or configure the Services) with any applicable do-not-call or do-not-text lists and suppression lists and will keep such lists current.

(d) Opt-Out Mechanisms. Tradesly will provide opt-out mechanisms where required by law (e.g., "STOP" for SMS). Customer will not disable, override, or interfere with legally required opt-out processes. Customer is responsible for honoring opt-out requests received outside of the Services and for promptly updating suppression lists to prevent further communications.

(e) Calling Hours and Content. Customer is responsible for configuring calling windows, message frequency, and content to comply with applicable law (including restrictions on contacting mobile numbers and time-of-day limitations), and to ensure that messages are not misleading or deceptive. Customer acknowledges that carrier fees may apply to SMS/MMS messages.

(f) Indemnity. Customer is responsible for the accuracy and lawful collection of End Customer contact information, including ensuring that numbers and email addresses are not obtained or used in violation of law. Customer will defend, indemnify, and hold harmless Tradesly from and against any claims, damages, penalties, fines, and expenses (including reasonable attorneys' fees) arising from or relating to (i) Customer's failure to obtain or document required consents, (ii) unlawful marketing or telemarketing practices, or (iii) communications sent through the Services using inaccurate, unlawfully obtained, or improperly consented contact information.

8. Data Protection and Security

(a) Roles and Scope. For purposes of applicable privacy and data protection laws, Customer is the "controller" or "business" (as applicable) of Customer Data, and Tradesly is a "processor" or "service provider" (as applicable) processing Customer Data on Customer's behalf to provide the Services. Tradesly will process Customer Data only (i) to provide and support the Services, (ii) as instructed by Customer through configurations or use of the Services, and (iii) as otherwise permitted by this Agreement.

(b) Privacy Compliance. Each Party will comply with applicable privacy and data protection laws. Customer is responsible for providing legally sufficient privacy notices to End Customers and for ensuring that its collection and use of Customer Data (including sharing Customer Data with Tradesly) is lawful. Upon request, Tradesly will provide reasonable information about the Services to support Customer's privacy disclosures.

(c) Security Program. Tradesly will maintain a written information security program with commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, destruction, loss, alteration, or disclosure.

(d) Subprocessors. Customer authorizes Tradesly to engage Subprocessors to process Customer Data in connection with the Services. Tradesly will impose data protection obligations on Subprocessors and remain responsible for Subprocessors' performance of their obligations. Tradesly will use commercially reasonable efforts to provide notice of material changes to its Subprocessors.

(e) Security Incidents and Breach Notification. Tradesly will notify Customer without undue delay after confirming a Security Incident involving Customer Data and will provide information reasonably necessary to allow Customer to meet any notification obligations under applicable law. "Security Incident" means unauthorized access to, acquisition of, or disclosure of Customer Data in Tradesly's possession or control.

(f) Retention and Deletion. Tradesly will retain Customer Data for the period necessary to provide the Services and as otherwise necessary to comply with law, enforce this Agreement, or resolve disputes. Upon termination or expiration of the applicable Order Form, Tradesly will delete or return Customer Data within a commercially reasonable period, except to the extent retention is required by law or the Customer Data is retained in backups subject to standard backup retention cycles.

(g) Data Subject Requests. To the extent Customer receives a request from an End Customer to exercise rights under applicable privacy laws (e.g., access, deletion, correction, or opt-out), Customer is responsible for responding to such requests. Tradesly will provide reasonable assistance for Customer to fulfill such requests with respect to Customer Data processed by Tradesly on Customer's behalf.

(h) International Transfers. If Customer Data is processed outside the jurisdiction where it was collected, Tradesly will implement appropriate transfer mechanisms as required by applicable law.

9. Confidentiality

(a) Confidential Information. "Confidential Information" means non-public information disclosed by a Party ("Disclosing Party") to the other Party ("Receiving Party") that is designated as confidential or that a reasonable person should understand to be confidential given the nature of the information and the circumstances of disclosure. Customer Data and each Party's business, technical, pricing, and product information are Confidential Information.

(b) Protection. The Receiving Party will (i) use the Disclosing Party's Confidential Information only to perform its obligations or exercise its rights under this Agreement; (ii) not disclose the Confidential Information to any third party except to its employees, contractors, and agents who have a need to know and are bound by confidentiality obligations at least as protective as those herein; and (iii) protect the Confidential Information using at least the same degree of care it uses to protect its own confidential information of like kind (and in any event, no less than reasonable care).

(c) Exclusions. Confidential Information does not include information that: (i) is or becomes publicly available through no breach of this Agreement; (ii) was known to the Receiving Party before receipt from the Disclosing Party; (iii) is received from a third party without breach of any obligation of confidentiality; or (iv) is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information.

(d) Compelled Disclosure. If the Receiving Party is required by law or court order to disclose Confidential Information, it will (to the extent legally permitted) provide prompt notice to the Disclosing Party.

10. Fees and Payment

(a) Fees. Customer will pay the fees set forth in the applicable Order Form. Except as expressly stated otherwise in an Order Form, all fees are non-refundable and are payable in U.S. dollars.

(b) Invoicing and Payment Terms. Tradesly will invoice as set forth in the Order Form. Unless otherwise stated in the Order Form, invoices are due and payable within thirty (30) days of the invoice date. Past due amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

(c) Suspension for Non-Payment. Tradesly may suspend the Services for failure to pay undisputed amounts after providing at least ten (10) days' prior written notice. Tradesly will reinstate access promptly after payment of all past due amounts.

11. Intellectual Property

(a) Tradesly IP. As between the Parties, Tradesly retains all right, title, and interest in and to the Services, the Documentation, AI Models, and all related technology, know-how, algorithms, and improvements, including all intellectual property rights therein.

(b) Access Grant to Customer. Subject to this Agreement and the applicable Order Form, Tradesly grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the Term to access and use the Services for Customer's business purposes.

(c) Customer Data. As between the Parties, Customer retains all right, title, and interest in and to Customer Data. Customer grants Tradesly a limited, non-exclusive, worldwide license to process Customer Data to provide, maintain, and support the Services and as otherwise permitted by this Agreement.

(d) Outputs. As between the Parties and to the extent permitted by applicable law, Customer may use Outputs generated for Customer as part of the Services for Customer's business purposes. Tradesly may use Outputs and related interaction data to provide the Services and to improve the Services.

(e) Feedback. If Customer provides suggestions, ideas, or feedback regarding the Services ("Feedback"), Tradesly may use and incorporate such Feedback without restriction or obligation to Customer. Feedback will not be treated as Confidential Information.

(f) Reservation of Rights. Except for the limited rights expressly granted in this Agreement, each Party reserves all rights, title, and interest in and to its respective intellectual property and other proprietary rights.

12. Representations, Warranties, and Disclaimers

(a) Mutual Authority. Each Party represents and warrants that it has the full power and authority to enter into and perform this Agreement.

(b) Customer Warranties. Customer represents and warrants that: (i) it has all rights and permissions necessary to provide Customer Data and Inputs to Tradesly for processing under this Agreement; (ii) it has obtained and will maintain all consents required under applicable law for communications initiated through the Services, including consent for automated calls or texts and recording or transcription where applicable; and (iii) its use of the Services will comply with applicable law.

(c) Tradesly Warranty. Tradesly warrants that it will provide the Services in a professional and workmanlike manner consistent with generally accepted industry standards. Customer's exclusive remedy for breach of this warranty is re-performance of the nonconforming Services or, if re-performance is not commercially reasonable, refund of the fees paid for the affected Services for the period of nonconformance.

(d) Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES (INCLUDING OUTPUTS) ARE PROVIDED "AS IS" AND "AS AVAILABLE." TRADESLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TRADESLY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT OUTPUTS WILL BE ACCURATE OR COMPLETE.

13. Indemnification

(a) By Customer. Customer will defend, indemnify, and hold harmless Tradesly from and against any third-party claims, damages, liabilities, penalties, fines, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) Customer's use of the Services in violation of this Agreement or applicable law; (ii) Customer Data or Inputs provided by or on behalf of Customer; (iii) Customer's services performed for End Customers; or (iv) alleged violations of the TCPA, CAN-SPAM, state telemarketing laws, or call recording laws in connection with communications initiated through the Services (except to the extent caused by Tradesly's breach of this Agreement).

(b) By Tradesly. Tradesly will defend, indemnify, and hold harmless Customer from and against any third-party claims alleging that the Services, when used as authorized under this Agreement, infringe intellectual property rights, and will pay damages finally awarded against Customer (or agreed in settlement) for such claim. Tradesly will have no obligation for claims arising from: (i) use of the Services in combination with products or services not provided by Tradesly; (ii) modifications not made by Tradesly; (iii) Inputs or Customer Data; or (iv) use of the Services not in accordance with this Agreement.

(c) Indemnification Procedure. The indemnified Party will (i) promptly notify the indemnifying Party of the claim, (ii) allow the indemnifying Party to control the defense and settlement of the claim, and (iii) provide reasonable cooperation at the indemnifying Party's expense. The indemnifying Party may not settle any claim in a manner that imposes an admission of liability or obligation on the indemnified Party without the indemnified Party's prior written consent.

14. Limitation of Liability

(a) Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO TRADESLY UNDER THE APPLICABLE ORDER FORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

(c) Exceptions. The limitations in this Section 14 will not apply to: (i) a Party's gross negligence or willful misconduct; (ii) Customer's payment obligations; (iii) a Party's breach of Section 9 (Confidentiality); or (iv) Customer's indemnification obligations under Section 13(a).

15. Term; Termination

(a) Term. This Agreement begins on the Effective Date (the date Customer accepts this Agreement) and continues until terminated as set forth herein. The subscription term for the Services will be as set forth in the applicable Order Form (the "Term").

(b) Termination for Cause. Either Party may terminate this Agreement or an applicable Order Form upon written notice if the other Party materially breaches this Agreement and fails to cure the breach within thirty (30) days after receiving written notice of the breach.

(c) Suspension; Termination for Legal Risk. Tradesly may suspend or terminate the Services immediately upon notice if Tradesly reasonably determines that Customer's use of the Services: (i) violates applicable law; (ii) creates a material security risk; or (iii) is likely to result in material liability to Tradesly or third parties.

(d) Effect of Termination. Upon expiration or termination, Customer's right to access and use the Services will cease. Except as otherwise stated in an Order Form, all accrued payment obligations will become immediately due and payable. Sections that by their nature should survive will survive, including Sections 8 (Data Protection and Security), 9 (Confidentiality), 11 (Intellectual Property), 12 (Disclaimers), 13 (Indemnification), 14 (Limitation of Liability), and 17 (Miscellaneous).

16. Notices; Disclosure Settings; Agreement Updates

(a) Notices. Except as otherwise permitted herein, notices under this Agreement must be in writing and will be deemed given when: (i) delivered personally; (ii) sent by certified mail (return receipt requested); (iii) sent by nationally recognized overnight courier; or (iv) sent by email. Notices to Tradesly: 386 Park Ave South, Floor 14, New York, NY 10016, Attn: Legal; Email: legal@tradesly.com. Notices to Customer: the email address associated with Customer's account.

(b) End Customer Disclosures and Settings. Customer is responsible for enabling and using disclosure settings and compliant messaging templates made available through the Services (including AI disclosures and opt-out language) to the extent required by law. Tradesly may require certain disclosures or opt-out language to remain enabled to support legal compliance.

(c) Updates to this Agreement. Tradesly may update this Agreement from time to time to reflect changes in the Services, legal requirements, or business practices. Tradesly will provide reasonable notice of material updates (e.g., by email or in-product notification). Unless a different effective date is specified, updates will become effective as of the date indicated in the notice, and Customer's continued use of the Services after the effective date constitutes acceptance of the updated Agreement.

17. Miscellaneous

(a) Independent Contractors. The Parties are independent contractors. Nothing in this Agreement creates an agency, partnership, joint venture, employment, or fiduciary relationship between the Parties.

(b) Assignment. Customer may not assign or transfer this Agreement without Tradesly's prior written consent. Tradesly may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, or to an affiliate, upon notice to Customer.

(c) Governing Law. This Agreement is governed by the laws of the State of New York, without regard to its conflict of laws principles.

(d) Force Majeure. Neither Party will be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, telecommunications failures, or governmental actions, provided that the affected Party uses commercially reasonable efforts to mitigate the impact.

(e) Severability. If any provision of this Agreement is held unenforceable, the remaining provisions will remain in effect. A waiver of any breach of this Agreement will not constitute a waiver of any other breach.

(f) Entire Agreement. This Agreement, together with all Order Forms, constitutes the entire agreement between the Parties regarding the Services and supersedes all prior or contemporaneous agreements and understandings. In the event of a conflict between this Agreement and an Order Form, the Order Form will control only with respect to the subject matter of the conflict and only if it expressly states that it controls.

Electronic Acceptance

By clicking "I Agree," checking the acceptance checkbox, or by creating an account and accessing the Services, Customer agrees to be bound by this Agreement as of the date of acceptance (the "Effective Date").

No handwritten or wet-ink signature is required. Customer's electronic acceptance constitutes a legally binding agreement equivalent to a signed written contract under applicable electronic signature laws, including the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and the New York Electronic Signatures and Records Act (ESRA, N.Y. State Tech. Law § 301 et seq.).

Tradesly will maintain a record of Customer's acceptance, including the date and time of acceptance, the version of this Agreement accepted, and the identity of the individual who accepted.

A copy of this Agreement is available at any time in Customer's account settings or upon request to legal@tradesly.com.

Tradesly, Inc.
386 Park Ave South, Floor 14
New York, NY 10016
legal@tradesly.com