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Product Specific Terms

Last Updated: June 16, 2026

CONTENTS:

1. Shopmonkey Payments
2. Shopmonkey CRM
3. Shopmonkey Accounting
4. Shopmonkey Bookkeeping

Use of any Service provided by Shopmonkey is subject to these Product Specific Terms. Additional terms and conditions with respect to new and add-on Shopmonkey products and services may also be added at any time by appending them hereto and such terms are incorporated by reference to the Agreement.  We may revise these Product Specific Terms from time to time in response to various factors, including but not limited to technical advancements, societal changes, legal requirements, or user feedback. When changes are made, they will take effect immediately upon being posted on this page.

Your continued use of our Services constitutes acceptance of these Product Specific Terms, including any modifications. We encourage you to review this Policy periodically for any updates.

Unless otherwise indicated, capitalized terms used herein but not defined herein have the meanings ascribed to them in the applicable agreements between Customer and Shopmonkey governing Customer's use of the Services (the "Agreement"), or if not defined in the Agreement, in the applicable Shopmonkey Terms of Service.

1. Shopmonkey Payments

1.1 Definitions. For the purposes of this section related to Shopmonkey Payments, the following definitions shall apply:

1.1.1 “Charge” means a credit or debit instruction to capture funds from an account that an end customer maintains with a bank or other financial institution in connection with a transaction.

1.1.2 “Dispute” means an instruction initiated by an end customer for the return of funds for an existing Charge (including a chargeback or dispute on a payment card network; and disputes on the Automated Clearinghouse (ACH) network) initiated pursuant to the Stripe Services Agreement or pursuant to your agreement with any Other Processor.

1.1.3 “Fine” means any fines, levies, or other charges imposed by Shopmonkey or Stripe or any Other Processor, caused by your violation of laws or the Agreement.

1.1.4 “Other Processor” means any payment processor or payment facilitator other than Stripe providing payment processing services to Shopmonkey Payments customers with custom implementations.

1.1.5 “Refund” means an instruction initiated by Customer to return funds to an end customer for an existing Charge initiated pursuant to the Stripe Services Agreement or pursuant to your agreement with any Other Processor.

1.1.6 “Return” means an instruction initiated by Customer, an end customer, an issuing bank or an acquiring bank to return funds unrelated to an existing Charge initiated pursuant to the Stripe Services Agreement or pursuant to your agreement with any Other Processor.

1.1.7 “Reversal” means an instruction initiated by Stripe or an Other Processor pursuant to the Stripe Services Agreement or pursuant to your agreement with any Other Processor to return funds for an existing Charge. Reversals may result from (i) invalidation of a charge by the processor; (ii) funds settled to Customer in error or without authorization; and (iii) submission of a Charge in violation of the applicable terms of the Stripe Services Agreement or your agreement with any Other Processor, or where submission of the Charge or your use of Shopmonkey Payments violates the Agreement, the Stripe Services Agreement or your agreement with an Other Processor.

1.1.8 Reserved Rights. Shopmonkey reserves the right to withhold funds in the event that the Shopmonkey Payment account exceeds the specified monthly volume or average ticket thresholds established at set up of account. Underwriting documentation may be requested by Shopmonkey from Customer, including, but is not limited to, the Customer’s financial statements, prior processing statements, and/or bank statements associated with the payout account. Following the completion of the underwriting review, Shopmonkey shall evaluate and determine, in its sole discretion, whether funds may be processed or released, and assess whether the account meets underwriting criteria to adjust the monthly volume and average ticket thresholds.

1.2 Use of Payment Processors. Except with respect to customers using Other Processors, payment processing services on the Site are facilitated by Stripe, Inc. (“Stripe”), and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the “Stripe Services Agreement”). By agreeing to the Agreement or continuing to use the Services and your use of Stripe as a Payment Processor, Customer agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Shopmonkey enabling Shopmonkey Payments with Stripe, Customer agrees to provide Shopmonkey with accurate and complete information about Customer and your business, and Customer authorizes Shopmonkey to share it and transaction information related to your use of Shopmonkey Payments. If your implementation of Shopmonkey Payments uses an Other Processor, Customer agrees to be bound by its agreement with such party.

1.3 1-Day Payout. Shopmonkey may (but is not required to) make applicable to your account Stripe’s 1-day payout functionality, providing expedited depositing of net processing transaction proceeds. Shopmonkey reserves the right to pause or disable expedited 1-day payouts or revert payouts to 2-day payouts at any time, with or without notice. To qualify for 1-day payout functionality, Shop must meet the following criteria:

1.3.1 Shop must have processed a minimum credit/debit card transaction aggregated volume of $50,000 in the six (6) months preceding the determination;

1.3.2 Shop must have an active and valid bank account connected for use with Shopmonkey payouts;

1.3.3 Shop must have no active customer disputes or pending dispute decisions;

1.3.4 Shopmonkey reserves the right in its sole and absolute discretion to pause or disable all payouts until the dispute is resolved or a dispute decision is determined; and

​1.3.5 Shop must be active and current in its Shopmonkey subscription billing.

1.4 Payments and Fees. All payments facilitated by Shopmonkey through the Services or otherwise shall be paid by providing valid credit/debit card information of an end customer to Shopmonkey for an authorized Charge for amounts due under the terms of a valid agreement for products and/or services by and between Customer and your Shop and such end customer (“Shop Agreement”). The Shop and end customer each agree and acknowledge that Shopmonkey is only providing billing and collection services for the Shop and is not a party to the Shop Agreement nor responsible for performance of or any obligations relating to the Shop or customer pursuant to the Shop Agreement. Shop shall bear all payment processing fees applicable to it, and Shopmonkey shall be entitled to pass along any fees, charges, surcharges, or expenses directly borne by it with respect to any Shop’s use of Shopmonkey Payments. 

1.5 Payment Disputes Involving Shopmonkey Payments

1.5.1 You may only submit Charges through Shopmonkey Payments that are authorized by your end customers. To enable Shopmonkey to process transactions through Stripe or your Other Processor, as applicable, Customer authorizes and directs Shopmonkey, and our affiliates, to cause Stripe or your Other Processor to receive and settle any payment processing proceeds owed or owing through Shopmonkey Payments. You may not grant or assign any interest in payment processing proceeds to any third party. You appoint Shopmonkey as your agent for the limited purpose of facilitating the direction, receipt, holding, and settling of proceeds by Stripe or your Other Processor. You agree that Stripe’s or your Other Processor’s receipt of such proceeds satisfies the relevant end customer’s obligations to make payments to Customer.

1.5.2 Except where Shopmonkey has otherwise agreed, Shops maintain the direct relationship with its end customers and is responsible for: (i) acquiring appropriate consent to submit Charges through Shopmonkey Payments on an end customer’s behalf, as applicable; (ii) providing confirmation or receipts to end customers for each Charge; (iii) verifying end customers’ identities; and (iv) determining an end customer’s eligibility and authority to complete transactions. Customer shall indemnify and hold Shopmonkey harmless from any breach of this Section. 

1.5.3 Disputes may only be initiated through (i) Stripe and pursuant to the Stripe Services Agreement or (ii) pursuant to your agreement with your Other Processor. We are not responsible for or liable to Customer for authorized and completed Charges that are later the subject of a Dispute, Refund, or Reversal, are submitted without authorization or in error, or violate any laws. Customer is immediately responsible to Shopmonkey for all amounts paid to Customer through Shopmonkey Payments that subsequently become subject to Disputes, Refunds, Reversals, Returns, or Fines regardless of the reason or timing, and hereby agree to indemnify Shopmonkey for any such amounts and any charges, expenses, liabilities, losses or costs incurred by Shopmonkey in connection with the foregoing, including amounts claimed against Shopmonkey by your end customers and including reasonable attorneys’ fees and other costs we incur in order to collect such amounts. In accordance with your indemnification obligations pursuant to the Agreement, Shopmonkey has the right to deduct from and offset from any payments which Customer may otherwise be entitled to receive any and all (i) fees owed to Shopmonkey in connection with or related to the Services or (ii) charges, expenses, losses, claims or damages incurred by Shopmonkey from your use of Shopmonkey Payments. Shopmonkey has the right to charge any of a Shop’s financial accounts on file with Shopmonkey the full amount of any such amounts, charges, and costs incurred in connection with any Dispute, Refund, Reversal, Return, or Fine, and Customer hereby consents to such charge. If for whatever reason, Customer does not have a financial account on file with Shopmonkey, Shopmonkey reserves the right to collect any amounts due in connection with the foregoing through any other channels we deem appropriate or necessary.

1.5.4 In many but not all cases, Customer may have the ability to challenge a Dispute through Stripe or your Other Processor. We encourage Customer to review the Stripe Services Agreement or your agreement with your Other Processor to understand the process for doing so. Shops are liable for all losses they incur when lost or stolen payment credentials or accounts are used to purchase products or services from them. Shopmonkey does not and will not insure any Shop against losses caused by fraud under any circumstances. For example, if someone pretends to be a legitimate buyer but is a fraudster, Customer will be responsible for any resulting costs, including Disputes, even if Customer does not recover the fraudulently purchased products or services.

1.5.5 By consenting to direct debit ACH payments, Customer acknowledges and agrees that any Disputes related to such direct debit ACH payments transactions are irrevocable and unchallengeable. In the event of a dispute, Customer understands that resolution must occur outside of Shopmonkey and outside of the payment processing network (Stripe or Other Processor), and Customer will be responsible for pursuing any recovery through alternative channels.

1.6 Miscellaneous Terms Applicable to all Shopmonkey Payments.

1.6.1 Taxes. Shops are responsible for charging and collecting applicable sales, use, property, and other taxes, fees, and other assessments and governmental charges, together with any penalties or interest thereon, levied on or associated with the Shop Agreement. You hereby indemnify Shopmonkey from all liability on any such amounts.

1.6.2 Not an Agent. The Shop agrees and acknowledges that it is using the Shopmonkey Payments and Site to facilitate the payments made under the Shop Agreement and, at Shop’s own risk, that Shopmonkey is not an agent for either party. 

1.6.3 Personal Guarantees. At any time or from time to time, Shopmonkey may require that a Shop provide a personal guarantee from a suitable person in order to begin or continue using Shopmonkey Payments. Shopmonkey may at any time and without notice suspend Shop’s use or access to Shopmonkey Payments pending the delivery of such a guarantee and, if Shop refuses to provide or otherwise cannot provide such a guarantee within five (5) business days, Shopmonkey shall be entitled to suspend or terminate Shop’s access to Shopmonkey Payments as it deems fit without penalty or liability to Shop.

1.6.4 PCI/DSS Compliance. In the course of using Shopmonkey Payments, Shop will have access to and may collect, access, use, store, process, dispose of, or disclose credit, debit, or other payment cardholder information. Shop agrees and acknowledges that Shop shall at all times remain in compliance with Payment Card Industry Data Security Standard ("PCI/DSS") requirements, including remaining aware at all times of changes to the PCI/DSS and promptly implementing all procedures and practices as may be necessary to remain in compliance with the PCI DSS, in each case, at Shop's sole cost and expense. 

2. Shopmonkey CRM

Shop will pay Shopmonkey fees for the Shopmonkey CRM services, if and when purchased by the Shop.

2.1 Your use of the Services is conditioned upon the restrictions set forth in the Agreement. Additionally, the guidelines below are examples of practices that may violate the Agreement or applicable law when generating or sending commercial electronic messages, including Email and text/SMS messages (“Customer Contacts”) through Shopmonkey CRM:

2.1.1 Using non-permission-based Customer Contact lists (i.e., lists in which each recipient has not explicitly granted permission to receive communications from Customer by affirmatively opting in to receive those communications);

2.1.2 Using improperly obtained Customer Contact lists;

2.1.3 Using third-party email addresses, domain names, or mail servers without proper permission;

2.1.4 Sending emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com) or text messages to randomly generated or sequential numbers;

2.1.5 Sending text messages without the recipients’ valid consent or an effective unsubscribe mechanism; including by repurposing transactions SMS message functionality to send marketing communications;

2.1.6 Sending Emails that result in an unacceptable number of spam or unsolicited commercial email complaints (even if the Emails themselves are not actually spam or unsolicited commercial email);

2.1.7 Failing to include a working “unsubscribe” link in each Email that allows the recipient to remove themselves from your mailing list;

2.1.8 Failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request (or immediately from text message communications);

2.1.9 Failing to include in each Email a link to the then-current privacy policy applicable to that Email;

2.1.10 Disguising the origin or subject matter of any Email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any Email;

2.1.11 Failing to include in each Email your valid physical mailing address or a link to that information; and

2.1.12 Including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any Email that encourages a recipient to forward the Email to another recipient.

2.1.13 Sending any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

2.1.14 Using the service for any unlawful purpose or for the promotion of illegal activities;

2.1.15 Attempting to, or harass, abuse, or harm another person or group;

2.1.16 Using another user’s account without permission;

2.1.17 Providing false or inaccurate information when registering an account;

2.1.18 interfering or attempting to interfere with the proper functioning of the Service;

2.1.19 Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

2.1.20 Bypassing any robot exclusion headers or other measures we take to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data;

2.1.21 Use the service to distribute content that is materially false, inaccurate, or misleading in a way that could deceive or confuse others about important events, topics, or circumstances; or

2.1.22 Publishing or linking to malicious content intended to damage or disrupt another user’s browser or computer.

2.2 Restrictions. You must comply with all applicable laws, including privacy laws when using the Services.

2.2.1 For the avoidance of doubt, you will be responsible to ensure that all SMS/text messages sent through the Services are sent with the recipients’ valid consent and include prescribed information and effective unsubscribe mechanisms to the extent required. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to:

2.2.1.1 use the Services for any illegal purpose or in violation of any local, state, national, or international law;

2.2.1.2 harass, threaten, demean, embarrass, or otherwise harm any other user of the Services; including any member of our team;

2.2.13 violate, or encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

2.2.1.4 use the Services in violation of any advertising and marketing laws such as CAN-SPAM, the Telephone Consumer Protection Act, the FTC’s Telemarketing Sales Rule, Canada’s Anti-Spam Legislation (CASL), and the CRTC Unsolicited Telecommunications Rules, including those that relate to (i) permitted calling times; (ii) customers’ consent to be contacted by telephone and/or text messages (including opt-in/opt-out consent where applicable and do not call lists); (iii) the required content of text messages and requirements for promptly implementing unsubscribe requests; (iv) any registration requirements relating to do not call lists; and (v) any notices that need to be given to potential customers during telephone calls.

2.2.1.5 import or transfer to the Services any data that is sensitive financial information (including credit card numbers), health information, medical information, pharmaceutical information, information regarding children under 13 years of age, or other sensitive or regulated information (for example, Social Security Numbers);

2.2.1.6 access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Shopmonkey;

2.2.1.7 interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

2.2.1.8 interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;

2.2.1.9 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; or

2.2.1.10 sell or otherwise transfer the access granted under the Agreement or any Materials or any right or ability to view, access, or use any Materials.

2.2.2 You are solely responsible for ensuring every call, text or prerecorded message you initiate through the Services complies with all federal, state and local laws, statutes and regulations. This includes, but is not limited to, the Telephone Consumer Protection Act (47 U.S.C. § 227), FCC regulations and guidance, federal and state Do-Not-Call rules, the TSR (16 C.F.R. Part 310), and any local equivalents including applicable wiretapping, data security and privacy laws. You must obtain all legally required consents, honor opt-outs, maintain your own suppression lists and identify when an AI chatbot is used. Violations constitute a material breach of this Acceptable Use Policy and the Agreement and may result in immediate suspension or termination. We may cooperate with any regulator or law-enforcement agency investigating alleged violations of telemarketing or outbound calling laws.

2.3 Third-Party Services and Websites.  The Shopmonkey CRM Services may provide integrations, links or other access to services, sites, technology, and resources that are provided or otherwise made available by Third-Party Services including but not limited to: Google Business Profile, Google Reviews and Reserve with Google. Customer's access and use of the Third-Party Services are subject to additional terms and conditions, privacy policies, or other agreements with such third party, which may be updated from time to time by such Third-Party Services provider without notice, and Customer may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that Customer has provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage, and disclosure of information related to Customer and your use of such Third-Party Services within the Services, please see our Privacy Policy. Shopmonkey has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. Shopmonkey encourages Customer to review the terms of use and privacy policies of the third parties providing Third-Party Services prior to using such services. Customer, and not Shopmonkey, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. We enable these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings Customer has with third parties while using the Service are between Customer and the third party. Shopmonkey will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

3. Shopmonkey Accounting

3.1 Shopmonkey Accounting Services incorporates and embeds software owned and controlled by Layer Financial Technologies, Inc. (“Layer”) for the purpose of providing the Shopmonkey Accounting Services feature to Customer.  By using the Accounting feature, you agree to the additional Accounting End User License Agreement (the “Accounting EULA”) terms below. 3.2 The Layer Software is licensed, not sold, to you pursuant to the Agreement and, in addition, this Accounting EULA, which supplements the Agreement as provided herein. If there is any conflict between the Agreement and this Accounting EULA, the terms of this Accounting EULA will prevail.  

3.3 You agree that no title to or ownership of the Layer Software is granted to you, and you receive no rights to the Layer Software other than the limited rights explicitly granted to you in the Agreement and herein to access on a nonexclusive basis the Layer Software solely for internal use as an integrated component of Shopmonkey. You shall not (a) reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive any of the Layer Software’s source code; or (b) in any other way allow third parties to access, use, or exploit the Layer Software. 

3.4 You agree and acknowledge that certain data of you or your clients or users may be disclosed to Layer in order to provide the Accounting Services feature to you, and such disclosure will at all times be subject to the Agreement and the Privacy Policy,  and all applicable law.

3.5 You agree that upon termination of the Agreement, this Accounting EULA and any right to access and use the Layer Software will automatically terminate, and you will immediately cease access and use of the Layer Software.

3.6 You agree that you will not export the Layer Software or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, you will not access or use the Layer Software in, or export it to, a country subject to a United States embargo.

3.7 You agree and acknowledge that you are solely responsible and liable for your access to and use of the Layer Software, and you do so entirely at your own risk. You further agree and acknowledge that the Layer Software does not provide, and should not be construed as providing, any legal, regulatory, tax, financial, accounting, employment, or other professional services or advice. You are solely responsible for ensuring your compliance with all applicable laws, regulations, and industry standards.

3.8 You agree that, to the extent necessary, Layer may enforce this Accounting EULA as an intended third-party beneficiary.   

4. Shopmonkey Bookkeeping

4.1 Shopmonkey Bookkeeping Services incorporates and embeds software owned and controlled by Layer Financial Technologies, Inc. (“Layer”) for the purpose of providing the Shopmonkey Bookkeeping Services feature to Customer. By using the bookkeeping-related and/or support services (the “Support Services”), you agree to the Bookkeeping and Support Services End User License Agreement (the “Bookkeeping and Support Services EULA”) terms below. If there is any conflict between the Agreement and this Accounting EULA, the terms of the Bookkeeping and Support Services EULA will prevail.  

4.2 To the extent the Support Services are provided through access to and use of the Shopmonkey Bookkeeping feature, such Support Services are intended to assist with limited bookkeeping-related issues, such as transaction or expense categorization, to facilitate your use of the Layer Software. IN NO EVENT WILL SUPPORT SERVICES EVER INCLUDE, WITHOUT LIMITATION, FINANCIAL ADVISORY SERVICES, BUSINESS CONSULTING SERVICES, ACCOUNTING SERVICES, OPERATIONAL ADVICE, PAYROLL SERVICES, SALES TAX RETURNS OR FILINGS OR OTHERWISE CALCULATING SALES TAXES, PREPARATION OF ANY TAX DOCUMENTATION, SENDING OR PAYING BUSINESS INVOICES, FULFILLING ORDERS, AND/OR ACCOUNTS RECEIVABLE AND ACCOUNTS PAYABLE MANAGEMENT. 

4.3 The Support Services are not intended to provide and should not be construed as providing any tax, financial, accounting, legal, regulatory, employment, or other professional services or advice. You are solely responsible for ensuring your compliance with applicable laws, regulations, and industry standards, and nothing in the Support Services (including, without limitation, any communications from Layer) should be construed as, or used as a substitute for, the advice of competent legal or applicable professional counsel.

4.4 Your use of the Support Services is entirely at your own risk. You acknowledge and agree that the Support Services cannot be relied upon to discover errors, fraud, or other irregularities in information, and Layer will not verify or otherwise audit information submitted to it. Layer makes no representation or warranty that the Support Services will be appropriate for your needs or suitable for your business, and Layer does not guarantee and expressly disclaims any particular results or outcomes. Layer does not warrant that the Support Services will be timely, accurate, current, or complete. 

4.5 The Support Services may be modified, changed, or otherwise altered at any time in Layer’s sole discretion.

4.6 As stated in the Agreement, any data of you or your clients or users (including, to the extent applicable, personal data) disclosed to Layer in order to provide the Shopmonkey Bookkeeping feature to you (which includes the Support Services) will at all times be subject to the Agreement and Privacy Policy (as defined in the Agreement), and all applicable law.

4.7 IN NO EVENT SHALL LAYER OR ITS AFFILIATES BE LIABLE UNDER OR IN CONNECTION WITH THIS BOOKKEEPING AND SUPPORT SERVICES EULA OR ITS SUBJECT MATTER FOR LOST PROFITS OR BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, INTERRUPTION OF BUSINESS, COST OF REPLACEMENT OR SUBSTITUTE GOODS OR SERVICES, OR FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE BASIS OR THEORY OF ANY CLAIM AND REGARDLESS OF WHETHER LAYER IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LAYER OR ITS AFFILIATES UNDER OR IN CONNECTION WITH THIS ADDENDUM OR ITS SUBJECT MATTER, REGARDLESS OF THE BASIS OR THEORY OF ANY CLAIM, EXCEED $1,000.

4.8 Upon termination of your use of the Support Services or the Agreement, this Bookkeeping and Support Services EULA will automatically terminate.

4.9 Communications Consent

4.9.1 You agree and acknowledge that Layer and its representatives may communicate with you directly in order to provide the Support Services, and in doing so may send SMS or MMS messages (“Text Messages”) to you, or contact you via phone, email, or any other means. You hereby expressly consent to receive such Text Messages and other communications. Message frequency may vary. Standard message and data rates may apply. If you would like to opt out of receiving Text Messages, reply HELP for help or STOP to cancel, or provide direct written notice to Layer.

4.9.2 You certify, warrant, and represent that the telephone number you have provided is your contact number and not someone else’s number. You represent that you are permitted to receive calls and text messages at the telephone number you have provided. You agree to promptly alert Layer whenever you stop using a telephone number. Layer and its representatives may use such means of communication described in this Addendum even if you will incur costs to receive such phone messages, text messages, e-mails, or other means. Layer may modify or terminate messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.