Terms & Conditions

If you do not agree with any part of these Terms, you must not access or use the Services. These Terms apply to all visitors, users, and others who access the Services.

You must provide accurate account and contact information and keep it current. You are responsible for safeguarding credentials, configuring permissions, and controlling access to accounts and environments under your administration. You must promptly notify SmartMax of suspected unauthorized access, credential compromise, or misuse.

You are responsible for activity conducted through your accounts and credentials, except to the extent caused by SmartMax's breach of an applicable written obligation. You may not share credentials except as permitted by the applicable plan, Documentation, or written agreement.

Each User is responsible for that User's conduct, communications, submissions, attempted actions, and use of the Services. A User must not use another person's identity or credentials, misrepresent the purpose or source of an interaction, interfere with a Service, or use an interaction with SmartMax or ChatBeacon for an unlawful, fraudulent, deceptive, abusive, or unauthorized purpose.

The Customer is responsible for the acts and omissions of its Authorized Users, affiliates, administrators, contractors, consultants, and other persons to whom it provides or permits access to the Services. The Customer is responsible for configuring and reviewing roles, permissions, authentication, integrations, and access settings under its control.

A person must be at least 18 years old and legally capable of entering a contract to create a Customer account or accept these Terms for an organization. The Services are not directed to children.

• You must be at least 18 years old to create an account.
• Each account is for a single organization or individual — no account sharing.
• We reserve the right to suspend or terminate accounts that violate these Terms.

ChatBeacon provides enterprise communications software and related features that may include live chat, AI agents, operator assistance, AI-to-human escalation, Recall CRM, conversation summaries, co-browse, video, SMS, APIs, integrations, PictureData, reporting, and administrative tools. Features vary by edition, deployment, configuration, Order, availability, and applicable agreement.

These Terms also apply to updates, upgrades, new releases, replacement or successor versions, and additional features made available as part of the Services, unless SmartMax states that separate or additional terms apply. A materially different product or service may be governed by separate terms presented at purchase, activation, or use.

ChatBeacon may be offered through Cloud, Dedicated Private Cloud, or On-Premise deployment. Responsibilities for infrastructure, access, security, backups, retention, deletion, integrations, and support vary by deployment and are described in the applicable agreement and Documentation.

SmartMax may update or modify a Service to maintain security, reliability, compatibility, legal compliance, or product functionality. Material reductions to contracted functionality are governed by the applicable agreement. Previews, evaluations, early-access releases, and beta features may be incomplete, unavailable, changed, suspended, or discontinued at any time and may never become generally available. Unless SmartMax expressly agrees otherwise in writing, those features are provided for evaluation, may be subject to additional terms and confidentiality restrictions, and carry no separate support, maintenance, service-level, or continued-availability commitment.

• AI Chatbots — Generative AI chatbots trained on your content, powered by OpenAI
• Live Agent Chat — Real-time messaging between your team and website visitors
• Co-Browse & Screen Share — Real-time visual collaboration tools
• Video Chat — In-browser video calls between agents and visitors
• PictureData™ — AI-powered visual product search for e-commerce
• Integrations — Connections to third-party services via API and Zapier

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with reasonable notice when possible.

Subject to payment and compliance with the applicable agreement, SmartMax grants the Customer a limited, nonexclusive, nontransferable, nonsublicensable right during the applicable term to access and use the Services for the Customer's internal business purposes. On-Premise software is licensed, not sold, and is subject to the applicable Enterprise License Agreement or End User License Agreement.

SmartMax and its licensors retain all rights, title, and interest in and to the Services, software, Documentation, designs, interfaces, workflows, APIs, models, algorithms, platform technology, Services Data, trademarks, and related intellectual property, including all improvements and derivative works that do not consist of Customer Data. No rights are granted except those expressly stated.

You may not copy, modify, sell, resell, sublicense, rent, lease, distribute, publicly display, reverse engineer, decompile, disassemble, circumvent technical restrictions, remove proprietary notices, or create derivative works of the Services except as expressly authorized in writing or to the limited extent applicable law does not permit the restriction.

SmartMax's Privacy Policy describes how SmartMax processes personal information for its own purposes and, at a general level, how SmartMax handles customer-controlled information as a processor, service provider, contractor, or similar regulated entity. The Privacy Policy is incorporated into these Terms for notice purposes but does not replace a Data Processing Addendum, Business Associate Agreement, or negotiated privacy term.

When a Customer uses ChatBeacon on its website, application, portal, or support channel, the Customer generally determines what information to collect, why it is collected, how it is used, who may access it, and how long it is retained. The Customer is responsible for its privacy notices, cookie and tracking choices, lawful basis, consent, data-subject response process, communication practices, and industry-specific requirements.

The Customer must provide its End Users with clear and legally sufficient notice that their information and conversations may be collected, processed, transmitted, and stored through ChatBeacon and by service providers supporting the Customer's selected configuration. SmartMax's Privacy Policy does not replace the Customer's own privacy notice or satisfy the Customer's independent obligations to its End Users.

If a person initiates or continues a chat with SmartMax, submits contact information, requests product information, a demonstration, a quotation, support, or another response, information provided to an AI assistant or human representative may be stored in SmartMax's customer relationship management system and used to respond and send a reasonable number of communications related to that inquiry, as permitted by law. An inquiry does not by itself enroll the person in recurring or unrelated promotional marketing.

A website visit, inquiry, demonstration request, chat, or exchange with an AI assistant or human representative does not by itself create a customer, fiduciary, advisory, confidential, support, reseller, partnership, agency, or other contractual relationship with SmartMax. A quotation, product description, chat response, demonstration statement, or other communication binds SmartMax only when it is included in an Order or written agreement signed or expressly accepted by an authorized SmartMax representative.

You are responsible for the accuracy and lawfulness of information you submit. Do not submit trade secrets, legally privileged material, regulated data, credentials, or other sensitive or confidential information through a general inquiry or chat unless SmartMax has specifically requested it through an approved workflow. SmartMax may retain and use inquiry and communication records as reasonably necessary to respond, maintain security, prevent misuse, enforce these Terms, collect amounts due, and establish, exercise, or defend legal claims.

The Customer must not use the Services to send marketing email, automated calls, prerecorded calls, or text messages unless the Customer has satisfied all applicable consent, identification, opt-out, recordkeeping, and other legal requirements.

AI features may process prompts, conversation context, Customer-approved knowledge sources, responses, summaries, classifications, and related information to provide the configured function. Depending on the selected architecture and configuration, information may be transmitted to Microsoft Azure OpenAI, the OpenAI API, or another customer-selected or contractually approved provider.

AI output may be inaccurate, incomplete, outdated, misleading, or unsuitable for a particular purpose. The Customer is responsible for configuration, testing, knowledge sources, instructions, human oversight, and review appropriate to its use case, industry, and legal obligations.

Unless expressly supported by a signed agreement and appropriate safeguards, the Services are not a substitute for legal, medical, financial, insurance, employment, safety, or other professional advice and must not be used as the sole basis for a decision that produces legal or similarly significant effects concerning an individual.

The Customer is responsible for notices, disclosures, consents, human oversight, recordkeeping, impact assessments, and other safeguards required for its deployment and use of AI features. The Customer must not use AI features for a prohibited purpose or deploy them as a regulated or high-impact automated decision system unless the applicable agreement and configuration support that use and the Customer has implemented all required safeguards.

No AI output, automated response, chat message, demonstration, or informal communication constitutes a warranty, legal commitment, binding quotation, amendment, waiver, or representation on behalf of SmartMax unless an authorized SmartMax representative confirms it in a controlling written agreement or Order.

You must use the Services lawfully and in accordance with these Terms, the applicable agreement, and Documentation. You may not use or permit use of the Services to:

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• Violate law, regulation, court order, contract, or the rights of another person, including privacy, publicity, intellectual property, and confidentiality rights.
• Transmit any malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Send unsolicited messages (spam) through the chat platform
• Use the AI features to generate content that is unlawful, harmful, or deceptive
• Reverse-engineer, decompile, or disassemble any part of the Services
• Resell or redistribute the Services without our written consent
• Help another person engage in prohibited activity.

SmartMax may investigate suspected violations and may restrict, suspend, or terminate affected access when reasonably necessary to protect the Services, customers, users, or others; comply with law; or address a material breach. SmartMax will consider the circumstances and provide notice and an opportunity to cure where reasonably practicable and appropriate.

The Services may interoperate with third-party products, websites, APIs, communications providers, AI services, payment processors, or integrations. Third-party services are governed by their own terms and privacy practices. SmartMax is not responsible for a third-party service outside SmartMax's control.

If the Customer selects, connects, directs, or authorizes a third-party service, the Customer authorizes the data flows reasonably necessary for that integration. Availability and functionality may change if a third party modifies or discontinues its service.

SmartMax maintains administrative, technical, and organizational safeguards designed to protect information within systems under its control. No service or security measure can eliminate every risk, and SmartMax does not guarantee absolute security.

ChatBeacon Cloud and Dedicated Private Cloud operate on Microsoft Azure infrastructure covered by Microsoft's applicable SOC 2 Type II attestations. SmartMax maintains controls for the ChatBeacon application and environment within its scope of responsibility.

ChatBeacon offers HIPAA-ready deployment options designed to support a Customer's HIPAA obligations when appropriately configured and used with the relevant safeguards, Customer procedures, contractual terms, and, where applicable, a Business Associate Agreement.

The Customer is responsible for determining whether a Service and selected configuration are appropriate for its regulated data and use case. The Customer must not submit protected health information, payment-card data, government identifiers, or other sensitive information unless the applicable agreement, deployment, safeguards, and workflow support that processing.

If the parties have a separate confidentiality or nondisclosure agreement, that agreement controls. Otherwise, each party that receives nonpublic information identified as confidential or that reasonably should be understood as confidential will use it only to perform or receive the Services, protect it using reasonable care, and disclose it only to personnel and service providers who need to know it and are subject to appropriate confidentiality obligations.

Confidential information does not include information that the receiving party can demonstrate was lawfully known without restriction, becomes public without breach, is received lawfully from a third party without a duty of confidentiality, or is independently developed without use of the other party's confidential information. A party may disclose confidential information when legally required after providing notice where permitted.

Information submitted through a public website, general contact form, unsolicited email, demonstration request, or chat is not treated as confidential or legally privileged solely because it was submitted to SmartMax. Confidential treatment requires an applicable nondisclosure agreement, signed agreement, or SmartMax-approved confidential workflow.

Online services may experience maintenance, outages, latency, third-party failures, or other interruptions. Any service level, support commitment, response time, or remedy applies only if stated in an applicable signed agreement or Order.

SmartMax may provide updates, patches, configuration changes, or new versions. A Customer may be required to install or permit an update to maintain security, compatibility, supportability, or continued access. On-Premise Customers are responsible for maintaining supported environments and applying updates according to the applicable agreement and Documentation.

Cancellation and non-renewal. Unless an applicable Order or controlling written agreement states otherwise, either party may elect not to renew a Subscription by providing the other party with written notice at least 60 days before the end of the then-current Subscription term. A notice of non-renewal does not end the Subscription before the end of that term and does not relieve the Customer of any payment obligation for the remainder of the term. The Customer is not entitled to a refund or credit except as expressly provided in an applicable Order or controlling written agreement or as required by law.

Suspension or termination for cause. SmartMax may suspend, restrict, or terminate access to all or part of the Services as provided in an applicable Order or controlling written agreement, including for material breach, nonpayment, a security risk, unlawful or unauthorized activity, violation of these Terms, or conduct that threatens the Services, SmartMax, a Customer, a User, or another person. When reasonably practicable, SmartMax will provide notice and an opportunity to cure if required by the controlling agreement or applicable law. SmartMax may act immediately when reasonably necessary to protect security, prevent harm or misuse, comply with law, preserve the integrity or availability of the Services, or address repeated or material nonpayment.

Effect of expiration, cancellation, suspension, or termination. Upon expiration or termination, the Customer’s and its Authorized Users’ rights to access and use the affected Services will end as provided in the applicable Order or controlling written agreement. Suspension of access does not extend the Subscription term or suspend, reduce, or eliminate the Customer’s payment obligations.

All accrued fees, past-due charges, late fees, collection expenses, and other amounts owed under an applicable Order or controlling written agreement remain due and payable. To the maximum extent permitted by law, expiration, cancellation, suspension, or termination does not relieve the Customer of any payment obligation incurred before the effective date or applicable through the end of the committed Subscription term. Unless an applicable Order or controlling written agreement expressly provides otherwise, all outstanding amounts become immediately due and payable upon termination for the Customer’s breach or nonpayment. The Customer must make all required payments without unauthorized deduction, withholding, setoff, or counterclaim. SmartMax retains all rights and remedies available under the applicable agreement and law for the collection of unpaid amounts.

Customer Data and export. The Customer is responsible for exporting any Customer Data it is required to retain before access ends. Unless an applicable Order or controlling written agreement expressly provides otherwise, SmartMax is not required to maintain post-termination access or provide data export, migration, retrieval, or transition assistance after access ends. SmartMax is not responsible for loss resulting from the Customer’s failure to export Customer Data before the applicable deadline, except to the extent caused by SmartMax’s breach of a controlling written obligation or as otherwise required by law.

Retention and deletion. The availability of Customer Data following expiration or termination, and the applicable retention, deletion, backup, export, and transition procedures, depend on the deployment model, configuration, Order, Customer instructions, controlling agreement, SmartMax’s standard procedures, and applicable law. SmartMax may retain information when reasonably necessary to comply with law; maintain security, fraud prevention, audit, tax, accounting, and business records; resolve disputes; collect amounts due; enforce agreements; or establish, exercise, or defend legal claims. Information removed from active systems may remain in backups, archives, logs, or disaster recovery systems until overwritten or deleted in the ordinary course. On-Premise Customers generally control Customer Data stored within their own environments.

Survival. Provisions that by their nature should survive expiration, cancellation, suspension, or termination will survive, including accrued and continuing payment obligations, intellectual property rights, confidentiality obligations, warranty disclaimers, limitations of liability, indemnification obligations, dispute resolution provisions, collection rights, and other provisions necessary to interpret or enforce the parties’ respective rights and obligations.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY EXPRESS WARRANTY SET FORTH IN A SIGNED AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SMARTMAX DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

SMARTMAX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, TIMELY, ERROR-FREE, COMPLETELY SECURE, FREE FROM HARMFUL COMPONENTS, COMPATIBLE WITH EVERY SYSTEM OR CONFIGURATION, OR SUITABLE FOR A CUSTOMER’S PARTICULAR REQUIREMENTS. SMARTMAX DOES NOT WARRANT THAT DATA OR COMMUNICATIONS WILL BE ACCURATE, SECURE, PRESERVED WITHOUT LOSS, OR TRANSMITTED WITHOUT INTERRUPTION, ALTERATION, OR UNAUTHORIZED ACCESS.

THE SERVICES MAY DEPEND UPON INTERNET ACCESS, TELECOMMUNICATIONS NETWORKS, CUSTOMER SYSTEMS, MICROSOFT AZURE, THIRD-PARTY SERVICES, INTEGRATIONS, AND OTHER INFRASTRUCTURE THAT SMARTMAX DOES NOT OWN OR CONTROL. SMARTMAX IS NOT RESPONSIBLE FOR INTERRUPTIONS, DELAYS, DATA LOSS, SECURITY FAILURES, OR OTHER PROBLEMS CAUSED BY SYSTEMS, NETWORKS, SOFTWARE, SERVICES, OR EVENTS OUTSIDE SMARTMAX’S REASONABLE CONTROL.

AI-GENERATED OUTPUT MAY BE INACCURATE, INCOMPLETE, OUTDATED, MISLEADING, NONUNIQUE, OR UNSUITABLE FOR A PARTICULAR PURPOSE. THE CUSTOMER IS RESPONSIBLE FOR INDEPENDENTLY REVIEWING AND VALIDATING AI-GENERATED OUTPUT BEFORE RELYING ON IT, USING IT, OR MAKING IT AVAILABLE TO OTHERS. AI-GENERATED OUTPUT MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL JUDGMENT OR AS THE SOLE BASIS FOR LEGAL, MEDICAL, FINANCIAL, INSURANCE, EMPLOYMENT, SAFETY, OR OTHER HIGH-IMPACT DECISIONS.

NO INFORMATION, RESPONSE, RECOMMENDATION, OR ADVICE PROVIDED THROUGH THE SERVICES, INCLUDING BY AN AI FEATURE OR SMARTMAX REPRESENTATIVE, CREATES A WARRANTY OR COMMITMENT UNLESS IT IS EXPRESSLY INCLUDED IN A CONTROLLING WRITTEN AGREEMENT SIGNED OR ACCEPTED BY AN AUTHORIZED SMARTMAX REPRESENTATIVE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE UNDER THESE TERMS FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTMAX'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE TO SMARTMAX FOR THE AFFECTED SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. FOR A FREE SERVICE, SMARTMAX'S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

The exclusions and cap do not apply to the extent prohibited by law. To the maximum extent permitted by law, they do not reduce a Customer's payment obligations or limit a Customer's liability for infringement or misappropriation of SmartMax's intellectual property, unauthorized access to or use of the Services, or obligations under Section 18. A signed agreement may establish different limitations, exclusions, or exceptions, and those provisions will control for that agreement.

To the extent permitted by law, the Customer will defend, indemnify, and hold harmless SmartMax and its officers, directors, employees, and agents from third-party claims, damages, judgments, settlements, costs, and reasonable attorneys' fees arising from Customer Data, the Customer's unlawful or unauthorized use of the Services, the Customer's breach of Section 8 or Section 10, or an allegation that Customer Data infringes or violates a third party's rights.

SmartMax will provide reasonable notice of an indemnified claim and reasonable cooperation at the Customer's expense. The Customer may control the defense and settlement, but may not admit fault by SmartMax or impose an obligation on SmartMax without SmartMax's written consent. Any indemnification obligation in a signed agreement controls over this Section.

To the extent permitted by law, a User who is not a Customer will indemnify and hold harmless SmartMax and its officers, directors, employees, and agents from third-party claims, damages, costs, and reasonable attorneys' fees arising from that User's unlawful content, infringement of another person's rights, fraudulent conduct, intentional misuse of the Services, or material breach of Section 10. This paragraph does not require indemnification for a claim caused by SmartMax's own unlawful conduct.

These Terms are governed by the laws of the State of Oklahoma, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19.1. Informal resolution

Before starting arbitration or filing a lawsuit, a party must provide written notice describing the dispute and requested relief and allow at least 30 days for good-faith efforts to resolve it, unless immediate injunctive or equitable relief is reasonably necessary or a limitations period would expire.

19.2. Binding individual arbitration

Subject to a controlling signed agreement and the exceptions below, any dispute, claim, or controversy between you and SmartMax arising out of or relating to the websites, Services, a chat, inquiry, communication, transaction, these Terms, or the parties' relationship will be resolved by binding individual arbitration administered by the American Arbitration Association. The AAA Consumer Arbitration Rules will apply when the dispute arises from a consumer transaction, and the AAA Commercial Arbitration Rules will apply otherwise. The Federal Arbitration Act governs this arbitration provision.

The arbitrator may award any individual remedy available under applicable law but may not alter these Terms or award relief for anyone other than the individual parties. The arbitrator will decide disputes concerning the interpretation, scope, or enforceability of this arbitration provision, except that a court will decide whether an agreement to arbitrate was formed and whether the class and representative action waiver below is enforceable.

19.3. Individual proceedings and class action waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING A CLAIM ONLY IN ITS INDIVIDUAL CAPACITY. NO CLAIM MAY BE ARBITRATED OR LITIGATED AS A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. If this waiver is finally determined to be unenforceable for a particular claim or remedy, that claim or remedy will proceed in court after completion of any arbitrable individual claims, unless applicable law requires a different result.

19.4. Exceptions and location

Either party may bring an eligible individual claim in small claims court. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, systems, credentials, security, or against unauthorized access or misuse. Claims that applicable law does not permit to be arbitrated may also proceed in court.

Arbitration will ordinarily proceed by video, telephone, or written submissions unless the arbitrator determines that an in-person hearing is necessary. The arbitration seat is Tulsa County, Oklahoma, except where applicable consumer law or the governing AAA rules require another location. Fees and costs will be allocated under the governing AAA rules and applicable law. Judgment on an arbitration award may be entered in any court with jurisdiction.

19.5. Court venue

For an excluded or non-arbitrable dispute, an action to enforce an arbitration agreement or award, or permitted injunctive relief, the state and federal courts located in Tulsa County, Oklahoma have exclusive jurisdiction, and each party consents to personal jurisdiction and venue in those courts, except where applicable law does not permit that requirement.

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These Terms are governed by the laws of the State of Oklahoma, United States, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Tulsa County, Oklahoma.

Before filing any claim, both parties agree to attempt resolution through good-faith negotiation for a period of at least 30 days.

SmartMax may revise these Terms to reflect changes in its products, Services, features, releases, deployment models, technology, security requirements, business practices, applicable laws or regulations, regulatory guidance, or recognized industry standards. Unless applicable law or a controlling written agreement requires otherwise, a revision becomes effective on the effective date stated in the revised Terms. Administrative, clarifying, security-related, fraud-prevention, abuse-prevention, or legally required changes may take effect immediately. SmartMax will provide additional notice of a material change when required by law or a controlling written agreement.

Continued use of the affected Services after revised Terms take effect constitutes acceptance where permitted by law. If you do not agree, you must stop using the affected Services. A revision to these Terms does not amend a signed agreement unless that agreement permits the change or the parties complete the required amendment process.

Assignment. You may not assign or transfer these Terms without SmartMax's prior written consent. SmartMax may assign these Terms to an affiliate or in connection with a merger, reorganization, financing, sale of assets, or transfer of the relevant business, subject to applicable law and signed agreements.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, except that this provision does not excuse payment obligations for Services already provided.

Export and sanctions. You must comply with applicable export-control, sanctions, and trade laws and may not use the Services in a prohibited jurisdiction or for a prohibited end use or end user.

No waiver. A failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.

Severability. If a provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain effective.

No third-party beneficiaries. These Terms do not create rights for a third party, except that SmartMax's affiliates, licensors, and indemnified parties may enforce provisions that expressly protect them.

Headings. Headings are for convenience and do not affect interpretation.

Electronic communications. You agree that notices, disclosures, and records may be provided electronically where permitted by law.

Entire agreement. These Terms and the documents expressly incorporated into them form the agreement concerning their subject matter, subject to any controlling signed agreement.

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