Welcome to RisePOD! These terms and conditions outline the rules and regulations for the use of 5mpower.app. By accessing this website we assume you accept these terms and conditions. Do not continue to use RisePOD if you do not agree to take all of the terms and conditions stated on this page.
2. DESCRIPTION OF THE SERVICE
The functionality of the Service varies depending on the Product and the subscription level you have chosen for each Product. The “Service” includes Site, RisePOD software, tools and API, and the other services provided to You through the Site based on the plan purchased, including all software, data, text, images, videos, and other content made available through the Site. Any new features added to or augmenting the Service are also subject to these Terms.
3. DATA PROTECTION
In providing You the Service We shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your data. These safeguards include encryption of Your data in transmission (using SSL or similar technologies), except for certain external third-party integrations that do not support encryption. You agree that RisePOD can access Your accounts information in order to respond to Your service requests. We will not disclose such data except if compelled by law, permitted by You. You agree not to use the information gained from RisePOD for your own use in any type of way without explicit permission.
4. INTELLECTUAL PROPERTY RIGHTS
Client acknowledges that all IP Rights in the Service provided by RisePOD throughout the world, that rights in the Service are licensed and not sold to you, and that you have no rights in or to the Service other than the right to access and/or use it in accordance with the terms of this Agreement. Client acknowledges that it has no right to have access to the Service in source code form or in unlocked coding. The integrity of the Service is protected by technical protection measures (“TPM”) so that the IP Rights, including copyright, in the Service are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor to apply, manufacture for sale, hire, import, distribute, sell, nor let, offer, advertise or expose for sale or hire, nor have in your possession for private or commercial purposes, any means whose sole intended purpose is to facilitate the unauthorised removal or circumvention of such TPM.
5. FEES & INVOICING
We auto-renew your membership at the level you selected. Your subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable). The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
6. DISCLAIMER OF WARRANTIES
The Service, including the site and content, and all server and network components are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law, and RisePOD expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that RisePOD does not warrant that the Service will be uninterrupted, timely, secure, error-free or virus-free, and no information or advice obtained by you from RisePOD or through the Service shall create any warranty not expressly stated in these terms.
7. LIMITATION OF LIABILITY
Licensee uses this software and the Service at their own risk. Limits on monetary damages. Notwithstanding anything to the contrary in these terms, POD Conect's aggregate liability, for damages (monetary or otherwise) under these terms claimed by you or any third party arising from our service, shall be limited to the lesser of actual damages incurred, or payments made by you for the Service during the twelve months preceding the claim. The parties acknowledge and agree that the essential purpose of this section is to allocate the risks under these terms between the parties and limit their potential liability given the fees charged under this agreement, which would have been substantially higher if RisePOD were to assume any further liability other than as set forth herein. The parties have relied on these limitations in determining whether to enter into these terms. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. In these states, RisePOD's liability will be limited to the greatest extent permitted by law.
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
9. RELATIONSHIP OF THE PARTIES
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
10. SUPPORT SERVICES
Support Services will be provided during the Standard Support Hours only. Support Services can be in the form of email only or a combination of email and telephone support. Services that do not include telephone support means that RisePOD reserves the right to refuse to handle your support issue or question via telephone and you may be asked to submit the question via email. RisePOD reserves the right that where telephone support is not included in the Service, to provide an answer to your support question via telephone rather than via email.