Last updated: January 1, 2025
Terms of Service
These terms govern your access to and use of the 9 Pack Software platform. Please read them carefully — they define your rights, responsibilities, and the terms of your subscription.
TABLE OF CONTENTS
1. Definitions & Access Grant
2. Customer Responsibilities
3. Intellectual Property
4. Fees, Billing & Term
5. Termination
6. Legal Protections & Liability
7. Governing Law & Disputes
8. General Provisions
1. Definitions and Access Grant
This information helps define your access rights and the terms under which you can use our offerings.
1.1 Core Definitions
•
"Service" means the proprietary 9 Pack Software LLC online, web-based platform, services, and associated mobile applications provided by Us, including all software, technology, documentation, and data made available through it.
•
"Order Form" means the document detailing the specific Service subscription, pricing, subscription term, and Authorized Users.
•
"Authorized User" means an individual employee or contractor of the Customer who is specifically authorized by the Customer to use the Service through Your account.
1.2 Limited License and Access
We grant You a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Service during the applicable subscription term, solely for Your internal business operations and subject to the restrictions in these Terms and the limits set forth in the Order Form. You acknowledge that Your access rights are not a sale and do not transfer any title or ownership in the Service.
2. Customer Responsibilities and Prohibited Use
2.1 Account Management and Security
You are solely responsible for all activities that occur under Your account.
•
Credentials: You must maintain the strict confidentiality of all Authorized User login credentials and report any known or suspected unauthorized use to 9 Pack Software LLC immediately.
•
Compliance: You are responsible for ensuring that all Authorized Users comply with these Terms, and any breach of these Terms by an Authorized User is deemed a breach by You.
2.2 Strict Prohibitions
You agree not to, and will not permit any third party to:
•
Reverse Engineer: Attempt to derive the source code, algorithms, or structure of the Service.
•
Competitive Use: Access the Service to build a competitive product, service, or feature, or to monitor its availability, performance, or functionality.
•
Resale/Distribution: Sell, lease, rent, license, sub-license, distribute, or otherwise transfer the Service to any third party outside of Your Authorized Users.
•
Harmful Acts: Use the Service to transmit viruses, "Trojan horses," or other malicious code, or engage in any denial-of-service attack against the Service.
3. Intellectual Property Rights (IP)
3.1 9 Pack Software LLC IP Ownership
We exclusively own and retain all right, title, and interest in and to the Service, including all software, underlying technology, documentation, and all related intellectual property rights (including patents, copyrights, trademarks, and trade secrets). The limited right to use the Service granted in Section 1.2 does not convey any ownership rights.
3.2 Customer Data Ownership and License
•
Ownership: You retain all ownership and intellectual property rights in and to the electronic data and information that You submit to the Service ("Customer Data").
•
License to 9 Pack Software LLC: You grant Us a non-exclusive, worldwide, royalty-free, transferable license to host, process, copy, modify, and display the Customer Data solely as necessary to provide the Service to You and to exercise Our rights under these Terms.
3.3 Feedback Rights
You agree that We may use, modify, and incorporate into the Service, without any payment or attribution to You, any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by You or Your Authorized Users relating to the operation or functionality of the Service ("Feedback").
4. Fees, Billing, and Subscription Term
4.1 Payment Obligations
You agree to pay all undisputed fees specified in all Order Forms. Payments are due according to the schedule specified on the Order Form. Your obligation to pay fees is non-cancellable and fees paid are non-refundable, unless otherwise expressly stated in these Terms.
4.2 Taxes
You are responsible for paying all federal, state, local, and foreign taxes, duties, and levies associated with Your subscription to the Service, excluding only taxes based on 9 Pack Software LLC’s net income.
4.3 Subscription Term and Renewals
The subscription period is defined in the Order Form ("Initial Term"). Unless stated otherwise in the Order Form, Your subscription will automatically renew for successive renewal terms of the same duration (each a "Renewal Term") unless either party gives the other written notice of non-renewal at least sixty (60) days prior to the end of the current term.
5. Termination
5.1 Termination for Cause
Either party may terminate the agreement if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days after receiving written notice of the breach. Non-payment of any undisputed fees constitutes a material breach.
5.2 Effect of Termination
Upon termination of this agreement for any reason:
•
Your right to use the Service immediately ceases.
•
You shall immediately cease all use of the Service and pay any outstanding fees owed to 9 Pack Software LLC.
•
Data Retrieval: 9 Pack Software LLC will make Customer Data available for download for up to thirty (30) days following the effective date of termination. After this period, Customer Data may be deleted in accordance with our data retention policies and any applicable legal or regulatory requirements. Where required by applicable law, we will retain, provide access to, or delete Customer Data in accordance with those legal requirements.
6. Critical Legal Protections and Liability
6.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 9 PACK SOFTWARE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, COMPLETELY ERROR-FREE, OR SECURE.
6.2 Limitation of Liability
This clause is fundamental to the agreement, allocating risks between the parties.
Exclusion of Consequential Damages
IN NO EVENT WILL 9 PACK SOFTWARE LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION), EVEN IF 9 PACK SOFTWARE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability
9 PACK SOFTWARE LLC’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
6.3 Indemnification
You agree to defend, indemnify, and hold 9 Pack Software LLC harmless from any third-party claims, demands, losses, damages, or expenses (including reasonable legal fees) arising out of or relating to:
•
Your material breach of these Terms or your intentional or negligent misuse of the Service.
•
Your violation of applicable laws or regulations in connection with your use of the Service.
•
Any claim that Customer Data, or the use of Customer Data as permitted by these Terms, infringes upon the intellectual property or privacy rights of a third party.
This indemnification obligation does not apply to claims arising from 9 Pack Software LLC’s own negligence, willful misconduct, or breach of these Terms.
7. Governing Law and Dispute Resolution
7.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Vero Beach, Florida. Indian River County, without regard to its conflict of laws principles.
7.2 Binding Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by [e.g., the American Arbitration Association (AAA)] in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Vero Beach, Florida. You and 9 Pack Software LLC hereby waive the right to a trial by jury.
8. General Provisions
8.1 Entire Agreement
These Terms, together with the Order Forms, constitute the entire agreement between You and 9 Pack Software LLC regarding Your use of the Service and supersedes all prior or contemporaneous agreements, written or oral.
8.2 Assignment
You may not assign or transfer these Terms, in whole or in part, without the prior written consent of 9 Pack Software LLC. We may assign this Agreement without Your consent to an affiliate or in connection with a merger or sale of all or substantially all of Our assets.
8.3 Amendments
We reserve the right to modify these Terms from time to time. If we make material changes, we will provide reasonable advance notice through the Service, by email, or by other appropriate means. The revised Terms will become effective on the date specified in the notice. Where required by applicable law, we will obtain your explicit consent to material changes before they become effective. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the revised Terms, except where applicable law requires express consent.
9. SMS Messaging Terms
SMS / Text Agreement
By opting in to receive SMS/text messages from Visual Tech by 9 Pack Software, you agree to receive service related text messages at the mobile number you provide. Messages may include appointment confirmations, appointment reminders, technician arrival notifications, service status updates, requests for service related information or photos, and communications with your assigned technician.
Message frequency varies. Message and data rates may apply.
You may opt out at any time by replying STOP to any message. After opting out, you will no longer receive SMS messages unless you subsequently opt in again.
For assistance, reply HELP or contact 9 Pack Software at support@9packsoftware.com.
Consent to receive SMS messages is not a condition of purchasing any goods or services.
Wireless carriers are not liable for delayed or undelivered messages.
Your use of our SMS messaging services is also subject to our Privacy Policy
Last updated: January 1, 2025
Terms of Service
These terms govern your access to and use of the 9 Pack Software platform. Please read them carefully — they define your rights, responsibilities, and the terms of your subscription.
TABLE OF CONTENTS
1. Definitions & Access Grant
2. Customer Responsibilities
3. Intellectual Property
4. Fees, Billing & Term
5. Termination
6. Legal Protections & Liability
7. Governing Law & Disputes
8. General Provisions
1. Definitions and Access Grant
This information helps define your access rights and the terms under which you can use our offerings.
1.1 Core Definitions
•
"Service" means the proprietary 9 Pack Software LLC online, web-based platform, services, and associated mobile applications provided by Us, including all software, technology, documentation, and data made available through it.
•
"Order Form" means the document detailing the specific Service subscription, pricing, subscription term, and Authorized Users.
•
"Authorized User" means an individual employee or contractor of the Customer who is specifically authorized by the Customer to use the Service through Your account.
1.2 Limited License and Access
We grant You a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Service during the applicable subscription term, solely for Your internal business operations and subject to the restrictions in these Terms and the limits set forth in the Order Form. You acknowledge that Your access rights are not a sale and do not transfer any title or ownership in the Service.
2. Customer Responsibilities and Prohibited Use
2.1 Account Management and Security
You are solely responsible for all activities that occur under Your account.
•
Credentials: You must maintain the strict confidentiality of all Authorized User login credentials and report any known or suspected unauthorized use to 9 Pack Software LLC immediately.
•
Compliance: You are responsible for ensuring that all Authorized Users comply with these Terms, and any breach of these Terms by an Authorized User is deemed a breach by You.
2.2 Strict Prohibitions
You agree not to, and will not permit any third party to:
•
Reverse Engineer: Attempt to derive the source code, algorithms, or structure of the Service.
•
Competitive Use: Access the Service to build a competitive product, service, or feature, or to monitor its availability, performance, or functionality.
•
Resale/Distribution: Sell, lease, rent, license, sub-license, distribute, or otherwise transfer the Service to any third party outside of Your Authorized Users.
•
Harmful Acts: Use the Service to transmit viruses, "Trojan horses," or other malicious code, or engage in any denial-of-service attack against the Service.
3. Intellectual Property Rights (IP)
3.1 9 Pack Software LLC IP Ownership
We exclusively own and retain all right, title, and interest in and to the Service, including all software, underlying technology, documentation, and all related intellectual property rights (including patents, copyrights, trademarks, and trade secrets). The limited right to use the Service granted in Section 1.2 does not convey any ownership rights.
3.2 Customer Data Ownership and License
•
Ownership: You retain all ownership and intellectual property rights in and to the electronic data and information that You submit to the Service ("Customer Data").
•
License to 9 Pack Software LLC: You grant Us a non-exclusive, worldwide, royalty-free, transferable license to host, process, copy, modify, and display the Customer Data solely as necessary to provide the Service to You and to exercise Our rights under these Terms.
3.3 Feedback Rights
You agree that We may use, modify, and incorporate into the Service, without any payment or attribution to You, any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by You or Your Authorized Users relating to the operation or functionality of the Service ("Feedback").
4. Fees, Billing, and Subscription Term
4.1 Payment Obligations
You agree to pay all undisputed fees specified in all Order Forms. Payments are due according to the schedule specified on the Order Form. Your obligation to pay fees is non-cancellable and fees paid are non-refundable, unless otherwise expressly stated in these Terms.
4.2 Taxes
You are responsible for paying all federal, state, local, and foreign taxes, duties, and levies associated with Your subscription to the Service, excluding only taxes based on 9 Pack Software LLC’s net income.
4.3 Subscription Term and Renewals
The subscription period is defined in the Order Form ("Initial Term"). Unless stated otherwise in the Order Form, Your subscription will automatically renew for successive renewal terms of the same duration (each a "Renewal Term") unless either party gives the other written notice of non-renewal at least sixty (60) days prior to the end of the current term.
5. Termination
5.1 Termination for Cause
Either party may terminate the agreement if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days after receiving written notice of the breach. Non-payment of any undisputed fees constitutes a material breach.
5.2 Effect of Termination
Upon termination of this agreement for any reason:
•
Your right to use the Service immediately ceases.
•
You shall immediately cease all use of the Service and pay any outstanding fees owed to 9 Pack Software LLC.
•
Data Retrieval: 9 Pack Software LLC will make Customer Data available for download for up to thirty (30) days following the effective date of termination. After this period, Customer Data may be deleted in accordance with our data retention policies and any applicable legal or regulatory requirements. Where required by applicable law, we will retain, provide access to, or delete Customer Data in accordance with those legal requirements.
6. Critical Legal Protections and Liability
6.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 9 PACK SOFTWARE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, COMPLETELY ERROR-FREE, OR SECURE.
6.2 Limitation of Liability
This clause is fundamental to the agreement, allocating risks between the parties.
Exclusion of Consequential Damages
IN NO EVENT WILL 9 PACK SOFTWARE LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION), EVEN IF 9 PACK SOFTWARE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability
9 PACK SOFTWARE LLC’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
6.3 Indemnification
You agree to defend, indemnify, and hold 9 Pack Software LLC harmless from any third-party claims, demands, losses, damages, or expenses (including reasonable legal fees) arising out of or relating to:
•
Your material breach of these Terms or your intentional or negligent misuse of the Service.
•
Your violation of applicable laws or regulations in connection with your use of the Service.
•
Any claim that Customer Data, or the use of Customer Data as permitted by these Terms, infringes upon the intellectual property or privacy rights of a third party.
This indemnification obligation does not apply to claims arising from 9 Pack Software LLC’s own negligence, willful misconduct, or breach of these Terms.
7. Governing Law and Dispute Resolution
7.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Vero Beach, Florida. Indian River County, without regard to its conflict of laws principles.
7.2 Binding Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by [e.g., the American Arbitration Association (AAA)] in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Vero Beach, Florida. You and 9 Pack Software LLC hereby waive the right to a trial by jury.
8. General Provisions
8.1 Entire Agreement
These Terms, together with the Order Forms, constitute the entire agreement between You and 9 Pack Software LLC regarding Your use of the Service and supersedes all prior or contemporaneous agreements, written or oral.
8.2 Assignment
You may not assign or transfer these Terms, in whole or in part, without the prior written consent of 9 Pack Software LLC. We may assign this Agreement without Your consent to an affiliate or in connection with a merger or sale of all or substantially all of Our assets.
8.3 Amendments
We reserve the right to modify these Terms from time to time. If we make material changes, we will provide reasonable advance notice through the Service, by email, or by other appropriate means. The revised Terms will become effective on the date specified in the notice. Where required by applicable law, we will obtain your explicit consent to material changes before they become effective. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the revised Terms, except where applicable law requires express consent.
9. SMS Messaging Terms
SMS / Text Agreement
By opting in to receive SMS/text messages from Visual Tech by 9 Pack Software, you agree to receive service related text messages at the mobile number you provide. Messages may include appointment confirmations, appointment reminders, technician arrival notifications, service status updates, requests for service related information or photos, and communications with your assigned technician.
Message frequency varies. Message and data rates may apply.
You may opt out at any time by replying STOP to any message. After opting out, you will no longer receive SMS messages unless you subsequently opt in again.
For assistance, reply HELP or contact 9 Pack Software at support@9packsoftware.com.
Consent to receive SMS messages is not a condition of purchasing any goods or services.
Wireless carriers are not liable for delayed or undelivered messages.
Your use of our SMS messaging services is also subject to our Privacy Policy
Last updated: January 1, 2025
Terms of Service
These terms govern your access to and use of the 9 Pack Software platform. Please read them carefully — they define your rights, responsibilities, and the terms of your subscription.
TABLE OF CONTENTS
1. Definitions & Access Grant
2. Customer Responsibilities
3. Intellectual Property
4. Fees, Billing & Term
5. Termination
6. Legal Protections & Liability
7. Governing Law & Disputes
8. General Provisions
1. Definitions and Access Grant
This information helps define your access rights and the terms under which you can use our offerings.
1.1 Core Definitions
•
"Service" means the proprietary 9 Pack Software LLC online, web-based platform, services, and associated mobile applications provided by Us, including all software, technology, documentation, and data made available through it.
•
"Order Form" means the document detailing the specific Service subscription, pricing, subscription term, and Authorized Users.
•
"Authorized User" means an individual employee or contractor of the Customer who is specifically authorized by the Customer to use the Service through Your account.
1.2 Limited License and Access
We grant You a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Service during the applicable subscription term, solely for Your internal business operations and subject to the restrictions in these Terms and the limits set forth in the Order Form. You acknowledge that Your access rights are not a sale and do not transfer any title or ownership in the Service.
2. Customer Responsibilities and Prohibited Use
2.1 Account Management and Security
You are solely responsible for all activities that occur under Your account.
•
Credentials: You must maintain the strict confidentiality of all Authorized User login credentials and report any known or suspected unauthorized use to 9 Pack Software LLC immediately.
•
Compliance: You are responsible for ensuring that all Authorized Users comply with these Terms, and any breach of these Terms by an Authorized User is deemed a breach by You.
2.2 Strict Prohibitions
You agree not to, and will not permit any third party to:
•
Reverse Engineer: Attempt to derive the source code, algorithms, or structure of the Service.
•
Competitive Use: Access the Service to build a competitive product, service, or feature, or to monitor its availability, performance, or functionality.
•
Resale/Distribution: Sell, lease, rent, license, sub-license, distribute, or otherwise transfer the Service to any third party outside of Your Authorized Users.
•
Harmful Acts: Use the Service to transmit viruses, "Trojan horses," or other malicious code, or engage in any denial-of-service attack against the Service.
3. Intellectual Property Rights (IP)
3.1 9 Pack Software LLC IP Ownership
We exclusively own and retain all right, title, and interest in and to the Service, including all software, underlying technology, documentation, and all related intellectual property rights (including patents, copyrights, trademarks, and trade secrets). The limited right to use the Service granted in Section 1.2 does not convey any ownership rights.
3.2 Customer Data Ownership and License
•
Ownership: You retain all ownership and intellectual property rights in and to the electronic data and information that You submit to the Service ("Customer Data").
•
License to 9 Pack Software LLC: You grant Us a non-exclusive, worldwide, royalty-free, transferable license to host, process, copy, modify, and display the Customer Data solely as necessary to provide the Service to You and to exercise Our rights under these Terms.
3.3 Feedback Rights
You agree that We may use, modify, and incorporate into the Service, without any payment or attribution to You, any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by You or Your Authorized Users relating to the operation or functionality of the Service ("Feedback").
4. Fees, Billing, and Subscription Term
4.1 Payment Obligations
You agree to pay all undisputed fees specified in all Order Forms. Payments are due according to the schedule specified on the Order Form. Your obligation to pay fees is non-cancellable and fees paid are non-refundable, unless otherwise expressly stated in these Terms.
4.2 Taxes
You are responsible for paying all federal, state, local, and foreign taxes, duties, and levies associated with Your subscription to the Service, excluding only taxes based on 9 Pack Software LLC’s net income.
4.3 Subscription Term and Renewals
The subscription period is defined in the Order Form ("Initial Term"). Unless stated otherwise in the Order Form, Your subscription will automatically renew for successive renewal terms of the same duration (each a "Renewal Term") unless either party gives the other written notice of non-renewal at least sixty (60) days prior to the end of the current term.
5. Termination
5.1 Termination for Cause
Either party may terminate the agreement if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days after receiving written notice of the breach. Non-payment of any undisputed fees constitutes a material breach.
5.2 Effect of Termination
Upon termination of this agreement for any reason:
•
Your right to use the Service immediately ceases.
•
You shall immediately cease all use of the Service and pay any outstanding fees owed to 9 Pack Software LLC.
•
Data Retrieval: 9 Pack Software LLC will make Customer Data available for download for up to thirty (30) days following the effective date of termination. After this period, Customer Data may be deleted in accordance with our data retention policies and any applicable legal or regulatory requirements. Where required by applicable law, we will retain, provide access to, or delete Customer Data in accordance with those legal requirements.
6. Critical Legal Protections and Liability
6.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 9 PACK SOFTWARE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, COMPLETELY ERROR-FREE, OR SECURE.
6.2 Limitation of Liability
This clause is fundamental to the agreement, allocating risks between the parties.
Exclusion of Consequential Damages
IN NO EVENT WILL 9 PACK SOFTWARE LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION), EVEN IF 9 PACK SOFTWARE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability
9 PACK SOFTWARE LLC’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
6.3 Indemnification
You agree to defend, indemnify, and hold 9 Pack Software LLC harmless from any third-party claims, demands, losses, damages, or expenses (including reasonable legal fees) arising out of or relating to:
•
Your material breach of these Terms or your intentional or negligent misuse of the Service.
•
Your violation of applicable laws or regulations in connection with your use of the Service.
•
Any claim that Customer Data, or the use of Customer Data as permitted by these Terms, infringes upon the intellectual property or privacy rights of a third party.
This indemnification obligation does not apply to claims arising from 9 Pack Software LLC’s own negligence, willful misconduct, or breach of these Terms.
7. Governing Law and Dispute Resolution
7.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Vero Beach, Florida. Indian River County, without regard to its conflict of laws principles.
7.2 Binding Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by [e.g., the American Arbitration Association (AAA)] in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Vero Beach, Florida. You and 9 Pack Software LLC hereby waive the right to a trial by jury.
8. General Provisions
8.1 Entire Agreement
These Terms, together with the Order Forms, constitute the entire agreement between You and 9 Pack Software LLC regarding Your use of the Service and supersedes all prior or contemporaneous agreements, written or oral.
8.2 Assignment
You may not assign or transfer these Terms, in whole or in part, without the prior written consent of 9 Pack Software LLC. We may assign this Agreement without Your consent to an affiliate or in connection with a merger or sale of all or substantially all of Our assets.
8.3 Amendments
We reserve the right to modify these Terms from time to time. If we make material changes, we will provide reasonable advance notice through the Service, by email, or by other appropriate means. The revised Terms will become effective on the date specified in the notice. Where required by applicable law, we will obtain your explicit consent to material changes before they become effective. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the revised Terms, except where applicable law requires express consent.
9. SMS Messaging Terms
SMS / Text Agreement
By opting in to receive SMS/text messages from Visual Tech by 9 Pack Software, you agree to receive service related text messages at the mobile number you provide. Messages may include appointment confirmations, appointment reminders, technician arrival notifications, service status updates, requests for service related information or photos, and communications with your assigned technician.
Message frequency varies. Message and data rates may apply.
You may opt out at any time by replying STOP to any message. After opting out, you will no longer receive SMS messages unless you subsequently opt in again.
For assistance, reply HELP or contact 9 Pack Software at support@9packsoftware.com.
Consent to receive SMS messages is not a condition of purchasing any goods or services.
Wireless carriers are not liable for delayed or undelivered messages.
Your use of our SMS messaging services is also subject to our Privacy Policy
Last updated: January 1, 2025
Terms of Service
These terms govern your access to and use of the 9 Pack Software platform. Please read them carefully — they define your rights, responsibilities, and the terms of your subscription.
TABLE OF CONTENTS
1. Definitions & Access Grant
2. Customer Responsibilities
3. Intellectual Property
4. Fees, Billing & Term
5. Termination
6. Legal Protections & Liability
7. Governing Law & Disputes
8. General Provisions
1. Definitions and Access Grant
This information helps define your access rights and the terms under which you can use our offerings.
1.1 Core Definitions
•
"Service" means the proprietary 9 Pack Software LLC online, web-based platform, services, and associated mobile applications provided by Us, including all software, technology, documentation, and data made available through it.
•
"Order Form" means the document detailing the specific Service subscription, pricing, subscription term, and Authorized Users.
•
"Authorized User" means an individual employee or contractor of the Customer who is specifically authorized by the Customer to use the Service through Your account.
1.2 Limited License and Access
We grant You a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Service during the applicable subscription term, solely for Your internal business operations and subject to the restrictions in these Terms and the limits set forth in the Order Form. You acknowledge that Your access rights are not a sale and do not transfer any title or ownership in the Service.
2. Customer Responsibilities and Prohibited Use
2.1 Account Management and Security
You are solely responsible for all activities that occur under Your account.
•
Credentials: You must maintain the strict confidentiality of all Authorized User login credentials and report any known or suspected unauthorized use to 9 Pack Software LLC immediately.
•
Compliance: You are responsible for ensuring that all Authorized Users comply with these Terms, and any breach of these Terms by an Authorized User is deemed a breach by You.
2.2 Strict Prohibitions
You agree not to, and will not permit any third party to:
•
Reverse Engineer: Attempt to derive the source code, algorithms, or structure of the Service.
•
Competitive Use: Access the Service to build a competitive product, service, or feature, or to monitor its availability, performance, or functionality.
•
Resale/Distribution: Sell, lease, rent, license, sub-license, distribute, or otherwise transfer the Service to any third party outside of Your Authorized Users.
•
Harmful Acts: Use the Service to transmit viruses, "Trojan horses," or other malicious code, or engage in any denial-of-service attack against the Service.
3. Intellectual Property Rights (IP)
3.1 9 Pack Software LLC IP Ownership
We exclusively own and retain all right, title, and interest in and to the Service, including all software, underlying technology, documentation, and all related intellectual property rights (including patents, copyrights, trademarks, and trade secrets). The limited right to use the Service granted in Section 1.2 does not convey any ownership rights.
3.2 Customer Data Ownership and License
•
Ownership: You retain all ownership and intellectual property rights in and to the electronic data and information that You submit to the Service ("Customer Data").
•
License to 9 Pack Software LLC: You grant Us a non-exclusive, worldwide, royalty-free, transferable license to host, process, copy, modify, and display the Customer Data solely as necessary to provide the Service to You and to exercise Our rights under these Terms.
3.3 Feedback Rights
You agree that We may use, modify, and incorporate into the Service, without any payment or attribution to You, any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by You or Your Authorized Users relating to the operation or functionality of the Service ("Feedback").
4. Fees, Billing, and Subscription Term
4.1 Payment Obligations
You agree to pay all undisputed fees specified in all Order Forms. Payments are due according to the schedule specified on the Order Form. Your obligation to pay fees is non-cancellable and fees paid are non-refundable, unless otherwise expressly stated in these Terms.
4.2 Taxes
You are responsible for paying all federal, state, local, and foreign taxes, duties, and levies associated with Your subscription to the Service, excluding only taxes based on 9 Pack Software LLC’s net income.
4.3 Subscription Term and Renewals
The subscription period is defined in the Order Form ("Initial Term"). Unless stated otherwise in the Order Form, Your subscription will automatically renew for successive renewal terms of the same duration (each a "Renewal Term") unless either party gives the other written notice of non-renewal at least sixty (60) days prior to the end of the current term.
5. Termination
5.1 Termination for Cause
Either party may terminate the agreement if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days after receiving written notice of the breach. Non-payment of any undisputed fees constitutes a material breach.
5.2 Effect of Termination
Upon termination of this agreement for any reason:
•
Your right to use the Service immediately ceases.
•
You shall immediately cease all use of the Service and pay any outstanding fees owed to 9 Pack Software LLC.
•
Data Retrieval: 9 Pack Software LLC will make Customer Data available for download for up to thirty (30) days following the effective date of termination. After this period, Customer Data may be deleted in accordance with our data retention policies and any applicable legal or regulatory requirements. Where required by applicable law, we will retain, provide access to, or delete Customer Data in accordance with those legal requirements.
6. Critical Legal Protections and Liability
6.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 9 PACK SOFTWARE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, COMPLETELY ERROR-FREE, OR SECURE.
6.2 Limitation of Liability
This clause is fundamental to the agreement, allocating risks between the parties.
Exclusion of Consequential Damages
IN NO EVENT WILL 9 PACK SOFTWARE LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION), EVEN IF 9 PACK SOFTWARE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability
9 PACK SOFTWARE LLC’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
6.3 Indemnification
You agree to defend, indemnify, and hold 9 Pack Software LLC harmless from any third-party claims, demands, losses, damages, or expenses (including reasonable legal fees) arising out of or relating to:
•
Your material breach of these Terms or your intentional or negligent misuse of the Service.
•
Your violation of applicable laws or regulations in connection with your use of the Service.
•
Any claim that Customer Data, or the use of Customer Data as permitted by these Terms, infringes upon the intellectual property or privacy rights of a third party.
This indemnification obligation does not apply to claims arising from 9 Pack Software LLC’s own negligence, willful misconduct, or breach of these Terms.
7. Governing Law and Dispute Resolution
7.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Vero Beach, Florida. Indian River County, without regard to its conflict of laws principles.
7.2 Binding Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by [e.g., the American Arbitration Association (AAA)] in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Vero Beach, Florida. You and 9 Pack Software LLC hereby waive the right to a trial by jury.
8. General Provisions
8.1 Entire Agreement
These Terms, together with the Order Forms, constitute the entire agreement between You and 9 Pack Software LLC regarding Your use of the Service and supersedes all prior or contemporaneous agreements, written or oral.
8.2 Assignment
You may not assign or transfer these Terms, in whole or in part, without the prior written consent of 9 Pack Software LLC. We may assign this Agreement without Your consent to an affiliate or in connection with a merger or sale of all or substantially all of Our assets.
8.3 Amendments
We reserve the right to modify these Terms from time to time. If we make material changes, we will provide reasonable advance notice through the Service, by email, or by other appropriate means. The revised Terms will become effective on the date specified in the notice. Where required by applicable law, we will obtain your explicit consent to material changes before they become effective. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the revised Terms, except where applicable law requires express consent.
9. SMS Messaging Terms
SMS / Text Agreement
By opting in to receive SMS/text messages from Visual Tech by 9 Pack Software, you agree to receive service related text messages at the mobile number you provide. Messages may include appointment confirmations, appointment reminders, technician arrival notifications, service status updates, requests for service related information or photos, and communications with your assigned technician.
Message frequency varies. Message and data rates may apply.
You may opt out at any time by replying STOP to any message. After opting out, you will no longer receive SMS messages unless you subsequently opt in again.
For assistance, reply HELP or contact 9 Pack Software at support@9packsoftware.com.
Consent to receive SMS messages is not a condition of purchasing any goods or services.
Wireless carriers are not liable for delayed or undelivered messages.
Your use of our SMS messaging services is also subject to our Privacy Policy
Last updated: January 1, 2025
Terms of Service
These terms govern your access to and use of the 9 Pack Software platform. Please read them carefully — they define your rights, responsibilities, and the terms of your subscription.
TABLE OF CONTENTS
1. Definitions & Access Grant
2. Customer Responsibilities
3. Intellectual Property
4. Fees, Billing & Term
5. Termination
6. Legal Protections & Liability
7. Governing Law & Disputes
8. General Provisions
1. Definitions and Access Grant
This information helps define your access rights and the terms under which you can use our offerings.
1.1 Core Definitions
•
"Service" means the proprietary 9 Pack Software LLC online, web-based platform, services, and associated mobile applications provided by Us, including all software, technology, documentation, and data made available through it.
•
"Order Form" means the document detailing the specific Service subscription, pricing, subscription term, and Authorized Users.
•
"Authorized User" means an individual employee or contractor of the Customer who is specifically authorized by the Customer to use the Service through Your account.
1.2 Limited License and Access
We grant You a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Service during the applicable subscription term, solely for Your internal business operations and subject to the restrictions in these Terms and the limits set forth in the Order Form. You acknowledge that Your access rights are not a sale and do not transfer any title or ownership in the Service.
2. Customer Responsibilities and Prohibited Use
2.1 Account Management and Security
You are solely responsible for all activities that occur under Your account.
•
Credentials: You must maintain the strict confidentiality of all Authorized User login credentials and report any known or suspected unauthorized use to 9 Pack Software LLC immediately.
•
Compliance: You are responsible for ensuring that all Authorized Users comply with these Terms, and any breach of these Terms by an Authorized User is deemed a breach by You.
2.2 Strict Prohibitions
You agree not to, and will not permit any third party to:
•
Reverse Engineer: Attempt to derive the source code, algorithms, or structure of the Service.
•
Competitive Use: Access the Service to build a competitive product, service, or feature, or to monitor its availability, performance, or functionality.
•
Resale/Distribution: Sell, lease, rent, license, sub-license, distribute, or otherwise transfer the Service to any third party outside of Your Authorized Users.
•
Harmful Acts: Use the Service to transmit viruses, "Trojan horses," or other malicious code, or engage in any denial-of-service attack against the Service.
3. Intellectual Property Rights (IP)
3.1 9 Pack Software LLC IP Ownership
We exclusively own and retain all right, title, and interest in and to the Service, including all software, underlying technology, documentation, and all related intellectual property rights (including patents, copyrights, trademarks, and trade secrets). The limited right to use the Service granted in Section 1.2 does not convey any ownership rights.
3.2 Customer Data Ownership and License
•
Ownership: You retain all ownership and intellectual property rights in and to the electronic data and information that You submit to the Service ("Customer Data").
•
License to 9 Pack Software LLC: You grant Us a non-exclusive, worldwide, royalty-free, transferable license to host, process, copy, modify, and display the Customer Data solely as necessary to provide the Service to You and to exercise Our rights under these Terms.
3.3 Feedback Rights
You agree that We may use, modify, and incorporate into the Service, without any payment or attribution to You, any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by You or Your Authorized Users relating to the operation or functionality of the Service ("Feedback").
4. Fees, Billing, and Subscription Term
4.1 Payment Obligations
You agree to pay all undisputed fees specified in all Order Forms. Payments are due according to the schedule specified on the Order Form. Your obligation to pay fees is non-cancellable and fees paid are non-refundable, unless otherwise expressly stated in these Terms.
4.2 Taxes
You are responsible for paying all federal, state, local, and foreign taxes, duties, and levies associated with Your subscription to the Service, excluding only taxes based on 9 Pack Software LLC’s net income.
4.3 Subscription Term and Renewals
The subscription period is defined in the Order Form ("Initial Term"). Unless stated otherwise in the Order Form, Your subscription will automatically renew for successive renewal terms of the same duration (each a "Renewal Term") unless either party gives the other written notice of non-renewal at least sixty (60) days prior to the end of the current term.
5. Termination
5.1 Termination for Cause
Either party may terminate the agreement if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days after receiving written notice of the breach. Non-payment of any undisputed fees constitutes a material breach.
5.2 Effect of Termination
Upon termination of this agreement for any reason:
•
Your right to use the Service immediately ceases.
•
You shall immediately cease all use of the Service and pay any outstanding fees owed to 9 Pack Software LLC.
•
Data Retrieval: 9 Pack Software LLC will make Customer Data available for download for up to thirty (30) days following the effective date of termination. After this period, Customer Data may be deleted in accordance with our data retention policies and any applicable legal or regulatory requirements. Where required by applicable law, we will retain, provide access to, or delete Customer Data in accordance with those legal requirements.
6. Critical Legal Protections and Liability
6.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 9 PACK SOFTWARE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, COMPLETELY ERROR-FREE, OR SECURE.
6.2 Limitation of Liability
This clause is fundamental to the agreement, allocating risks between the parties.
Exclusion of Consequential Damages
IN NO EVENT WILL 9 PACK SOFTWARE LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION), EVEN IF 9 PACK SOFTWARE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability
9 PACK SOFTWARE LLC’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
6.3 Indemnification
You agree to defend, indemnify, and hold 9 Pack Software LLC harmless from any third-party claims, demands, losses, damages, or expenses (including reasonable legal fees) arising out of or relating to:
•
Your material breach of these Terms or your intentional or negligent misuse of the Service.
•
Your violation of applicable laws or regulations in connection with your use of the Service.
•
Any claim that Customer Data, or the use of Customer Data as permitted by these Terms, infringes upon the intellectual property or privacy rights of a third party.
This indemnification obligation does not apply to claims arising from 9 Pack Software LLC’s own negligence, willful misconduct, or breach of these Terms.
7. Governing Law and Dispute Resolution
7.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Vero Beach, Florida. Indian River County, without regard to its conflict of laws principles.
7.2 Binding Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by [e.g., the American Arbitration Association (AAA)] in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Vero Beach, Florida. You and 9 Pack Software LLC hereby waive the right to a trial by jury.
8. General Provisions
8.1 Entire Agreement
These Terms, together with the Order Forms, constitute the entire agreement between You and 9 Pack Software LLC regarding Your use of the Service and supersedes all prior or contemporaneous agreements, written or oral.
8.2 Assignment
You may not assign or transfer these Terms, in whole or in part, without the prior written consent of 9 Pack Software LLC. We may assign this Agreement without Your consent to an affiliate or in connection with a merger or sale of all or substantially all of Our assets.
8.3 Amendments
We reserve the right to modify these Terms from time to time. If we make material changes, we will provide reasonable advance notice through the Service, by email, or by other appropriate means. The revised Terms will become effective on the date specified in the notice. Where required by applicable law, we will obtain your explicit consent to material changes before they become effective. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the revised Terms, except where applicable law requires express consent.
9. SMS Messaging Terms
SMS / Text Agreement
By opting in to receive SMS/text messages from Visual Tech by 9 Pack Software, you agree to receive service related text messages at the mobile number you provide. Messages may include appointment confirmations, appointment reminders, technician arrival notifications, service status updates, requests for service related information or photos, and communications with your assigned technician.
Message frequency varies. Message and data rates may apply.
You may opt out at any time by replying STOP to any message. After opting out, you will no longer receive SMS messages unless you subsequently opt in again.
For assistance, reply HELP or contact 9 Pack Software at support@9packsoftware.com.
Consent to receive SMS messages is not a condition of purchasing any goods or services.
Wireless carriers are not liable for delayed or undelivered messages.
Your use of our SMS messaging services is also subject to our Privacy Policy