ACCESS OVENTION TERMS OF SERVICE

Please read these Terms of Service (“Terms”) carefully. These Terms are a binding electronic contract between Customer and, as applicable, the company that you represent (“Customer”) and Ovention, Inc. (“Ovention”, “we”, “us” or “our”).

These Terms are effective on the earlier of: (i) the date Customer clicks “I Agree” (or similar acceptance mechanism), (ii) the date Customer registers for or creates an Account for the Services, or (iii) the date Customer first accesses or uses the Services (the “Effective Date”).

These Terms govern Customer’s access to and use of Access Ovention, a software-as-a-service offering that provides access to certain cloud-enabled features and data reporting and analytics (the “Services”), which may be used in connection with certain connected commercial oven hardware purchased by Customer under separate terms and conditions of sale and/or other agreements with Ovention (the “Hardware Terms”). These Terms apply only to the Services. Hardware purchases, warranties, support, installation, and other non-Services deliverables are governed exclusively by the Hardware Terms. If there is a conflict, these Terms control with respect to the Services, and the Hardware Terms control with respect to hardware and hardware-related services.

OVENTION PROVIDES ACCESS TO THE SERVICES SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS AND ON THE CONDITION THAT CUSTOMER ACCEPTS AND COMPLIES WITH THEM. BY CLICKING “I AGREE” (OR SIMILAR), REGISTERING FOR, ACCESSING, OR USING THE SERVICES, CUSTOMER REPRESENTS AND WARRANTS THAT: (I) CUSTOMER IS AT LEAST 18 YEARS OLD; (II) CUSTOMER IS USING THE SERVICES SOLELY IN A COMMERCIAL OR BUSINESS CAPACITY (NOT AS A CONSUMER); AND (III) IF CUSTOMER IS ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, CUSTOMER HAS FULL LEGAL AUTHORITY TO BIND THAT ENTITY TO THESE TERMS. IF CUSTOMER DOES NOT AGREE TO THESE TERMS, DO NOT CLICK “I AGREE,” REGISTER FOR THE SERVICES, OR ACCESS OR USE THE SERVICES.

ARBITRATION NOTICE: THESE TERMS CONTAIN A PROVISION REQUIRING CUSTOMER TO RESOLVE DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. CUSTOMER AGREES THAT ALL DISPUTES BETWEEN CUSTOMER AND OVENTION WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND CUSTOMER WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THIS ARBITRATION PROVISION LIMITS THE MANNER IN WHICH CUSTOMER CAN SEEK RELIEF FROM US.

1. Modifications. We may modify these Terms from time to time in our sole discretion. The most current version will be made available within the Services and will be effective as of the “Last Updated” date shown, unless a later effective date is stated. If we make material changes, we will use commercially reasonable efforts to provide advance notice via the Services or email to the account administrator address on file, and Customer is responsible for keeping its contact information current. Unless required by applicable law or regulatory authority, any material changes will apply beginning with Customer’s next renewal Subscription Term and will not apply during Customer’s then-current Subscription Term. If a material change is required to comply with applicable law, regulation, court order, or government directive, such change may take effect immediately or on such shorter timeline as Ovention reasonably determines is necessary to comply. By renewing the Services or continuing to use the Services after the effective date of the updated Terms (as applicable), Customer agrees to be bound by the updated Terms.

Customer acknowledges that the Services are designed to operate in connection with Ovention hardware, and if Customer stops using the Services or closes its Account, certain connected features, remote functionality, analytics, reporting, alerts, updates, and other Services-dependent capabilities may be unavailable, degraded, or non-functional. The underlying hardware, however, will continue to operate subject to the applicable Hardware Terms.

2. Account Use.

a. Accounts. Use of the Services requires Customer to create and maintain a [Service Name] customer account (an “Account”). Access to and use of the Services may be conditioned on Customer’s timely payment of all applicable fees. Customer is responsible for maintaining the confidentiality and security of its Account credentials, and for all access to and use of the Services under its Account, including by Customer’s employees, contractors, agents, and other permitted users (“Authorized Users”). Customer must promptly notify Ovention of any actual or suspected unauthorized access to or use of the Account or the Services. Ovention may rely on and act upon any instructions, requests, or communications submitted through Customer’s Account and has no obligation to verify the identity or authority of any person using Customer’s credentials.

b. Administrators. Customer may designate one or more Authorized Users as account administrators (“Administrators”). Administrators may have the ability to (i) add, remove, or manage Authorized Users; (ii) assign roles and permissions; (iii) connect, disconnect, or manage devices associated with Customer’s Account; (iv) configure account settings; and (v) submit requests, instructions, or other communications to Ovention regarding the Services. Customer acknowledges and agrees that Ovention may rely on actions taken through the Account by any Administrator as authorized by Customer, and Customer is responsible for all actions taken by its Administrators and Authorized Users.

3. Payment Terms and Invoicing.

a. Fees. Customer will pay all fees for the Services as set forth in the applicable order, quote, or other ordering document issued by Ovention and accepted by Customer (each, an “Order”). Unless otherwise stated in an Order, subscription fees are billed annually in advance and invoiced at the start of each Subscription Term. All amounts are payable in U.S. dollars and are due within thirty (30) days of the invoice date.

b. Refunds/Returns. If Customer returns the applicable Hardware in compliance with the Hardware Terms, Customer will receive a prorated refund of the Services fees for the unused portion of the Subscription Term, calculated from the date Ovention receives the returned Hardware. Except for prorated refunds issued in connection with an authorized Hardware return, all Services fees are noncancellable and nonrefundable. Customer’s payment obligations are not contingent on Customer’s use of the Services.

c. Taxes. Customer is responsible for all applicable taxes, levies, duties, and similar governmental assessments (including sales, use, VAT, and withholding taxes), other than taxes based on Ovention’s net income. If Customer is required by law to withhold any taxes from payments to Ovention, Customer will gross up the payment so that Ovention receives the full amount invoiced, unless otherwise prohibited by law.

d. Late Fees. If Customer fails to pay any undisputed amount when due, Ovention may, in addition to any other remedies available, (a) charge interest on past-due amounts at the lesser of 1.5% per month or the maximum rate permitted by law, (b) recover reasonable costs of collection (including attorneys’ fees), and/or (c) suspend or restrict access to the Services until all past-due amounts are paid in full.

e. Fee Increases. Subscription fees for any renewal term may differ from prior fees. Ovention will provide the proposed fees for a renewal term in writing at the time the parties discuss renewal. Any renewal, including acceptance of updated fees, will require the parties’ mutual written agreement.

4. Use Restrictions. In addition to the other restrictions outlined in these Terms, Customer agrees that Customer will not (and Customer will not permit, assist, encourage, or enable anyone to) use Customer’s Account and/or Services for any unlawful purpose or to compromise security or introduce harmful code. Customer may not allow any third party or third-party interface to access the Services or Customer’s Account without our prior written consent.

5. Customer Systems and Connectivity. Customer is solely responsible for providing and maintaining all networks, internet access, Wi-Fi or cellular connectivity, system configurations, and equipment necessary to access and use the Services, including appropriate firewall and VPN settings. Ovention does not operate or control Customer’s connectivity or third-party service providers and is not responsible for outages, latency, service degradation, or other connectivity failures outside of Ovention’s reasonable control. Accordingly, the Services may be unavailable, delayed, incomplete, or inaccurate due to connectivity limitations or interruptions, and Ovention does not guarantee uninterrupted or error-free operation in such circumstances.

6. Updates and Upgrades. Ovention may deploy patches, updates, upgrades, or other modifications to the Services from time to time in its discretion. Updates may cause temporary interruption, downtime, or degraded performance, and Ovention may suspend, withdraw, or disable the Services or an Account for longer periods where necessary to deploy Updates or protect the Services. Where Ovention reasonably anticipates material impact to availability, Ovention will use commercially reasonable efforts to provide notice.

7. Intellectual Property and License Grant. The Services and all related software, firmware (to the extent made available through the Services), designs, interfaces, documentation, and other technology, and all intellectual property rights in the foregoing (collectively, the “IP”), are and will remain the exclusive property of Ovention and/or its licensors. Except for the limited rights expressly granted to Customer under these Terms, Ovention reserves all right, title, and interest in and to the IP, and no rights are granted by implication, estoppel, or otherwise. Ovention may modify, update, or discontinue the IP and/or the Services from time to time. Subject to these Terms, Ovention grants Customer a limited, non-exclusive, non-transferable right to access and use the Services during the applicable Subscription Term for Customer’s internal business purposes.

8. Customer Data; Aggregated Data.

a. Customer Data. As between the parties, Customer retains all right, title, and interest in and to any data, content, or information that Customer or its Authorized Users submit to the Services or that is generated from Customer’s use of the Services or connected hardware and made available to Customer through the Services (“Customer Data”). Customer grants Ovention a non-exclusive, worldwide, royalty-free right to host, store, use, process, transmit, and display Customer Data solely to provide, maintain, support, and improve the Services, comply with law, and enforce these Terms. Customer represents and warrants that it has all rights and permissions necessary to provide Customer Data to Ovention and to permit Ovention to use Customer Data as contemplated by these Terms.

b. Usage Data. Customer acknowledges that the Services may collect technical, diagnostic, usage, performance, and connectivity data from the Services and connected hardware (including logs and device telemetry) (“Usage Data”). Ovention may use Usage Data to operate, maintain, secure, and improve the Services and Ovention products and services, including for analytics, troubleshooting, product improvement, and support.

c. Aggregated and De-Identified Data. Ovention may compile and use Customer Data and Usage Data in aggregated and/or de-identified form such that it does not identify Customer or any individual (“Aggregated Data”) for any lawful business purpose, including analytics, benchmarking, product development, service improvement, and creating industry insights. Aggregated Data is and will remain Ovention’s proprietary information.

9. Privacy. To the extent Ovention processes personal information in connection with Customer’s Account or use of the Services, such processing will be governed by Ovention’s Privacy Policy. Customer acknowledges and agrees that Ovention may update its Privacy Policy from time to time in accordance with its terms.

10. Data Security. Ovention uses commercially reasonable security measures to protect Customer’s data collected via the hardware for display in the Services from unauthorized access and may maintain commercially reasonable backups of Customer Data. However, the Services are not a system of record and Customer should undertake to download Customer Data for local storage. We are not responsible for any data loss as a result of your failure to maintain your own internal backups.

11. Term and Termination.

a. Term. The Services are provided on a subscription basis for the subscription term identified in the applicable Order (each, a “Subscription Term”). Unless a longer Subscription Term is specified in the Order, the Subscription Term is one (1) year and begins when the Customer activates the Services. Any renewal of a Subscription Term will require the mutual written agreement of the parties.

b. Termination; Suspension. Either party may terminate these Terms (or an applicable Order) for material breach by the other party if the breaching party fails to cure the breach within thirty (30) days after receiving written notice of the breach. Ovention may suspend or terminate immediately for nonpayment or if Customer’s use of the Services poses a security risk or violates these Terms or applicable law.

c. Effect of Termination. Upon termination or expiration, Customer’s right to access and use the Services ends and all amounts owed become immediately due. Termination does not affect any separate hardware purchase terms, and Services-dependent features may become unavailable.

d. Survival. Sections that by their nature should survive will survive, including fees owed, IP, disclaimers, limitation of liability, indemnification, and dispute resolution.

12. Feedback. If Customer or any Authorized User provides Ovention with any suggestions, ideas, feedback, or recommendations regarding the Services or IP (“Feedback”), Customer agrees that: (a) Ovention is not under any obligation of confidentiality with respect to the Feedback; and (b) Ovention may use, disclose, reproduce, publish, distribute, and otherwise exploit the Feedback for any purpose, without obligation of attribution or compensation to Customer or any third party.

13. Limited Warranty. Ovention warrants to Customer that, during the applicable Subscription Term, the Services will materially conform to the then-current specifications or documentation for the Services made available by Ovention (“Specifications”) when used in accordance with these Terms. If Customer becomes aware of a material nonconformity, Customer must promptly notify Ovention in writing and provide reasonable information regarding the nonconformity. Ovention will use commercially reasonable efforts to remedy the material nonconformity within a reasonable time. Customer’s sole and exclusive remedy, and Ovention’s sole obligation, for breach of this warranty is the foregoing remedial effort (including, at Ovention’s option, repair, workaround, or replacement of the affected Services). This warranty does not apply to any nonconformity or issue resulting from: (i) Customer’s or any Authorized User’s misuse, negligence, or failure to follow instructions; (ii) modification of the Services or use of the Services in a manner not authorized by these Terms; (iii) Customer’s systems, network, connectivity, equipment, or third-party services; or (iv) any breach of these Terms by Customer or any Authorized User. If Ovention reasonably determines that the reported nonconformity was caused by any of the foregoing, Customer will reimburse Ovention for reasonable costs incurred in investigating or addressing the issue, at Ovention’s then-current rates.

14. Warranty Disclaimer. EXCEPT FOR ANY EXPRESS WARRANTIES EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES AND IP ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Ovention, ON BEHALF OF ITSELF AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS (COLLECTIVELY, THE “VENDOR PARTIES”), DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SYSTEM INTEGRATION, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, OVENTION MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY DATA, REPORTS, ANALYTICS, OR OUTPUTS PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE; (D) ANY ERRORS OR DEFECTS WILL BE CORRECTED OR CORRECTABLE; OR (E) THE SERVICES OR SERVERS THAT MAKE THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CUSTOMER ACKNOWLEDGES THAT AVAILABILITY AND PERFORMANCE OF THE SERVICES MAY BE AFFECTED BY FACTORS OUTSIDE OF OVENTION’S REASONABLE CONTROL, INCLUDING CUSTOMER’S NETWORK, INTERNET ACCESS, WIFI OR CELLULAR CONNECTIVITY, DEVICE CONFIGURATION, OR THIRD-PARTY SYSTEMS OR SERVICES.

WARRANTIES RELATING TO PRODUCTS, EQUIPMENT OR NON-SERVICES SUPPORT OFFERED, SOLD, OR DISTRIBUTED BY OVENTION ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS, EQUIPMENT OR SERVICES, AND NO SUCH WARRANTIES ARE PROVIDED UNDER THESE TERMS.

15. LIMITATION OF LIABILITY.

a. Exclusion of Certain Damages. To the maximum extent permitted by applicable law, in no event will Ovention or its affiliates, subsidiaries, licensors, or service providers, or any of their respective officers, directors, employees, agents, representatives, or partners (collectively, the “Ovention Parties”) be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, use, data, or business interruption, arising out of or relating to these Terms, the Services, the IP, or Customer’s Account, whether based in contract, tort (including negligence), strict liability, or any other theory, even if any Ovention Party has been advised of the possibility of such damages or such damages were foreseeable. The Ovention Parties will not be liable for any unavailability, interruption, delay, or performance degradation of the Services caused by: (i) scheduled or emergency maintenance; (ii) updates or upgrades; (iii) Customer’s systems, networks, wifi, internet access, or cellular connectivity; or (iv) any event outside of Ovention’s reasonable control.

b. Cap on Liability. To the maximum extent permitted by applicable law, the aggregate liability of the Ovention Parties for all claims arising out of or relating to these Terms, the Services, the IP, or Customer’s Account will not exceed the fees paid by Customer to Ovention for the Services in the three (3) months immediately preceding the event giving rise to the claim.

c. Allocation of Risk; Exclusive Remedy. Customer acknowledges that the limitations in this Section 15 are an essential basis of the bargain between the parties and will apply even if any limited remedy fails of its essential purpose. Customer’s sole remedy for dissatisfaction with the Services is to stop using the Services, subject to Customer’s payment obligations incurred prior to such cessation.

d. Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities, so some of the above limitations may not apply to Customer. In such cases, the Ovention Parties’ liability will be limited to the maximum extent permitted by applicable law.

16. Indemnification.

a. Customer Indemnification. By agreeing to these Terms, Customer agrees to indemnify, defend, and hold harmless Ovention and the Ovention Parties from and against any and all charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) incurred as a result of or arising from any claim, complaint, allegation, lawsuit, or demand arising out of or relating in any way to: (a) Customer’s access to or use of the Services; (b) Customer’s violation of these Terms; (c) Customer’s infringement or misappropriation of Ovention’s or any third party’s intellectual property rights or other proprietary rights; or (d) Customer’s violation of any applicable law.

b. Cap on Liability. To the maximum extent permitted by applicable law, the aggregate liability of the Ovention Parties for all claims arising out of or relating to these Terms, the Services, the IP, or Customer’s Account will not exceed the fees paid by Customer to Ovention for the Services in the three (3) months immediately preceding the event giving rise to the claim.

c. Ovention Indemnification. Customer acknowledges that the limitations in this Section 15 are an essential basis of the bargain between the parties and will apply even if any limited remedy fails of its essential purpose. Customer’s sole remedy for dissatisfaction with the Services is to stop using the Services, subject to Customer’s payment obligations incurred prior to such cessation.

d. Exclusions. Ovention will defend and indemnify Customer against any third-party claim that the Services, as provided by Ovention and used by Customer in accordance with these Terms, infringe a valid and enforceable United States patent, copyright, or trademark, and will pay any final damages award (or settlement approved by Ovention) arising from such claim. This indemnity does not apply to claims arising from: (a) misuse or use in violation of these Terms; (b) modifications not made by Ovention; (c) combination with third-party products, services, systems, data, or content; or (d) use of a non-current version of the Services. If the Services are, or in Ovention’s reasonable opinion are likely to become, the subject of an infringement claim, Ovention may: (i) procure the right to continue use, (ii) modify or replace the Services, or (iii) terminate the affected Services and refund any prepaid, unused fees for the terminated portion. This section states Customer’s sole remedy and Ovention’s entire liability for IP infringement claims relating to the Services.

17. Governing Law. Unless otherwise required by applicable law, these Terms, and Customer’s access to and use of the Services, are governed by the laws of the State of Wisconsin, without regard to its conflict of laws principles.

18. DISPUTE RESOLUTION AND BINDING ARBITRATION. CUSTOMER AGREES TO RESOLVE ANY DISPUTES ARISING UNDER THESE TERMS OR RELATING TO THE SERVICES THROUGH BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, AS SET FORTH BELOW.

1. a. WAIVER. CUSTOMER UNDERSTANDS THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, (I) CUSTOMER IS GIVING UP THE RIGHT TO A TRIAL BY JURY AND (II) CUSTOMER MAY NOT BRING A CLAIM AGAINST OVENTION IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PARTY’S CLAIMS IN A CLASS OR PROCEEDING.

   b. Notice. If Customer desires to assert a claim against Ovention, and Customer therefore elects to seek arbitration, Customer must first send to Ovention, by certified mail, a written notice of the claim (“Notice”). The Notice to Ovention must be sent by email to the address listed in Section 23 (Contact Us), and may also be sent by certified mail to the mailing address listed in Section 23. Notices to Customer will be sent by email to the account administrator email address on file, and may also be sent by certified mail to Customer’s most recent address on file. The Notice must describe the nature and basis of the claim and the specific relief sought.

   c. Good Faith Discussions. Customer and Ovention must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.

   d. Rules. Customer and Ovention agree that arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, then in effect and as amended herein (the “Rules”). The Rules can be found at: https://www.adr.org/rules-forms-and-fees/commercial/. Customer and Ovention agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.

   e. Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Services, including as to the enforceability and/or formation of this agreement to arbitrate made between Customer and Ovention.

   f. Location. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Services, including as to the enforceability and/or formation of this agreement to arbitrate made between Customer and Ovention.

   g. Time Limit. To the extent permitted by applicable law, any claim by Customer arising in connection with the Services must be commenced by Customer within one (1) year of the dispute giving rise to the claim.

   h. Confidentiality. The arbitration and information disclosed during arbitration may not be disclosed to any third-party except as required by law. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.

   i. Changes to this Agreement to Arbitrate. If Ovention modifies this arbitration provision, Customer may reject that change by sending Ovention written notice within thirty (30) days of Ovention’s posting of the change, in which case Ovention will terminate Customer’s Account, and Customer may no longer access or use the Services.

   j. The Arbitrator’s Decision. The arbitrator’s decisions and judgment will be final and binding on the parties but will have no precedential effect. To the extent permitted by applicable law, the arbitrator shall not have the authority to award damages outside of those set forth in these Terms.

   k. Costs and Expenses. Except as expressly set forth herein, each party shall pay its own expenses and fees, including its own attorneys’ fees, arising from arbitration. In the event the arbitrator determines that Customer’s claims were improper or frivolous, the arbitrator may require Customer to reimburse Ovention for certain fees and expenses in accordance with the Rules. In addition, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery of attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

   l. Exceptions. Notwithstanding anything to the contrary in this Section, Customer and Ovention each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.

   m. Enforceability. If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Milwaukee County, Wisconsin.

19. Force Majeure. In the event Ovention is prevented from providing Services as the result of an unforeseen event such as fire, natural disasters, epidemics, pandemics, war, blockades, embargoes, disruptions to the energy supply or to business operations, energy shortages, internet outages, government orders, legal prohibitions, strikes, or other similar occurrences that cannot be averted through the application of reasonable care, Ovention will not be deemed to be in breach of these Terms. Ovention will notify Customer of the existence of such condition and if such condition continues uninterrupted for more than two months or if the force majeure condition makes it impossible for Ovention to perform, Customer may terminate these Terms upon notice to Ovention.

20. Assignment. Customer may not assign Customer’s rights or delegate Customer’s duties under these Terms, including without limitation Customer’s Account, without our prior written consent. These Terms inure to the benefit of Ovention’s successors and assigns.

21. Notice Ovention may provide notices under these Terms by email to the account administrator email address on file or through the Services. Customer is responsible for keeping its contact information current. Email or in-Service notice is sufficient for operational matters, including billing, renewals, suspensions, security alerts, maintenance, and support communications. Notices from Customer to Ovention must be sent to the contact information in Section 23 (Contact Us) (or any updated notice address provided by Ovention). Notices will be deemed given when sent. Arbitration Notices must be sent in accordance with Section 18(b).

22. Entire Agreement. These Terms are the entire agreement between Customer and Ovention with respect to Customer’s access to and use of the Services. These Terms do not amend and shall have no effect on any other agreement executed between Customer and Ovention.

23. Contact Us. If Customer has any questions, concerns, complaints or suggestions regarding our Terms or otherwise needs to contact us, Customer may contact us at the following:

Ovention, Inc.
Attn: Casey Reilley, Vice President
635 South 28th Street
Milwaukee, Wisconsin  53215
Phone: 855-298-6836
Email: connect@oventionovens.com