1. SCOPE AND RELATIONSHIP TO THE MAIN TERMS OF SERVICE

These Self-Serve Subscription Supplemental Terms (these “Self-Serve Terms“) are incorporated into and form part of the SeekOut Terms of Service (the “Main ToS“) under Section 15 (Supplemental Terms). Capitalized terms not defined here have the meanings given in the Main ToS.

These Self-Serve Terms apply only when you purchase a SeekOut subscription through SeekOut’s online self-service sign-up and checkout flow and pay by credit card, ACH, or other accepted electronic Payment Method, without executing a separate Order Form negotiated with a SeekOut representative (an “Online Subscription“). You may purchase an Online Subscription on a monthly or annual basis, as described in Section 5.

In the event of a conflict between these Self-Serve Terms and the Main ToS with respect to an Online Subscription, these Self-Serve Terms control to the extent of the conflict. These Self-Serve Terms do not apply to, and do not modify, any subscription purchased under a signed Order Form. Nothing in these Self-Serve Terms changes any provision of the Main ToS that is not expressly addressed here.

2. DEFINITIONS

2.1 “Online Subscription” has the meaning given in Section 1.

2.2 “Subscription Plan” means the SeekOut plan, feature tier, number of seats/licenses, billing frequency (monthly or annual), and price you select on the online checkout or plan page at the time of purchase. The Subscription Plan page is your “Order Form” for purposes of the Main ToS, and the seats, License Metrics, and scope shown there govern your Online Subscription.

2.3 “Billing Period” means the recurring period for which fees are charged in advance, as selected by you at checkout: either one (1) month (a “Monthly Plan“) or one (1) year (an “Annual Plan“). Each Billing Period begins on the date your paid Online Subscription (or a renewal of it) starts and renews on the same day of the following month or year, as applicable (or, where the relevant month has no such day, the last day of that month). Annual Plans are offered at a lower total price than the equivalent Monthly Plan.

2.4 “Payment Method” means the valid credit card, debit card, bank account (ACH) authorization, or other payment instrument you provide and authorize SeekOut (and its Payment Processor) to charge or debit on a recurring basis.

2.5 “Payment Processor” means the third-party payment service provider(s) SeekOut uses to collect, process, and store Payment Method transactions and data. Your provision and use of a Payment Method may also be subject to the Payment Processor’s own terms and privacy policy; those third-party terms are not incorporated into, and do not form part of, this Agreement.

3. ACCEPTANCE; ELECTRONIC RECORDS AND COMMUNICATIONS

3.1 Acceptance. By clicking “I Agree,” “Subscribe,” “Start Subscription,” or a similarly labeled button, by completing the online checkout, or by accessing or using the SeekOut Services as an Online Subscription, you agree to the Main ToS and these Self-Serve Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity; if you have no such authority or are subscribing in your individual capacity, you are personally bound.

3.2 Electronic records. You consent to receive these Self-Serve Terms, the Main ToS, billing statements, renewal and price-change notices, cancellation confirmations, and all other communications relating to your Online Subscription electronically, including by email to the address associated with your account and by posting within the SeekOut Services. You agree that electronic acceptance and electronic records satisfy any legal requirement that such communications be in writing. You may withdraw this consent only by cancelling your Online Subscription.

4. FEES, RECURRING BILLING, AND PAYMENT AUTHORIZATION

This Section 4 replaces Section 5.2 (Invoicing and Payment) of the Main ToS for Online Subscriptions. Section 5.3 (Taxes) of the Main ToS continues to apply.

4.1 Recurring charge authorization. Your Online Subscription is a paid, automatically recurring subscription. You authorize SeekOut, acting through its Payment Processor, to store your Payment Method and to charge or debit it on a recurring basis, in advance and without requiring further action by you (including off-session, merchant-initiated card charges and recurring ACH debits), for (a) the then-current subscription fee for your Subscription Plan at the start of each Billing Period, plus (b) all applicable Taxes, until your Online Subscription is cancelled in accordance with Section 5. Where your Payment Method is a payment card, you further authorize SeekOut and its Payment Processor to continue charging it after it has expired and to obtain updated card details so that recurring charges are not interrupted. Where your Payment Method is a bank account (ACH) debit, you authorize the recurring debit under the mandate or authorization you provide through the Payment Processor, which you may revoke as described therein and by cancelling under Section 5. Fees are charged in U.S. Dollars and are based on the Subscription Plan purchased, not actual usage.

4.2 Billing in advance; no invoices. Unlike Section 5.2 of the Main ToS, Online Subscription fees are not invoiced annually in arrears and are not due net-30. The full fee for each Billing Period is charged at the start of that Billing Period to your Payment Method on file — one month in advance for a Monthly Plan, or one year in advance for an Annual Plan.

4.3 Accurate payment information. You must provide and maintain current, complete, and accurate Payment Method and billing information, and you authorize SeekOut to obtain updated payment information from your card network, bank, or Payment Processor (e.g., account updater services) so that recurring charges are not interrupted.

4.4 Failed payments. If a charge or debit to your Payment Method is declined, fails, or is returned, SeekOut may retry it, notify you to update your Payment Method, and, if payment is not received, suspend or terminate your Online Subscription under Section 9. An ACH or other bank debit may be returned or reversed by your bank several days after it initially appears to succeed; SeekOut may re-initiate a returned debit and may suspend or terminate as described above if the amount is not ultimately collected. The late-interest and collections provisions in Section 5.2 of the Main ToS do not apply to Online Subscriptions.

4.5 Billing disputes. If you believe you were charged in error, you must contact SeekOut at [email protected] within 60 days of the charge to be eligible for a correction or credit.

4.6 Payment data and security. Your payment card, bank account, and related payment data are collected, processed, and stored by SeekOut’s PCI-DSS-compliant Payment Processor. SeekOut does not itself store your full payment card number or full bank account number. You are responsible for providing and maintaining a valid Payment Method as described in Section 4.3.

5. AUTO-RENEWAL AND CANCELLATION

This Section 5 replaces Section 12.1 (Term) of the Main ToS for Online Subscriptions.

5.1 Automatic renewal. YOUR ONLINE SUBSCRIPTION CONTINUES AND AUTOMATICALLY RENEWS FOR SUCCESSIVE BILLING PERIODS OF THE SAME LENGTH AS THE BILLING PERIOD YOU SELECTED (MONTHLY OR ANNUAL), AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT FEE FOR THAT PLAN AT THE START OF EACH BILLING PERIOD, UNTIL YOU CANCEL. For a Monthly Plan, there is no fixed commitment beyond the current one-month Billing Period. For an Annual Plan, you commit to a twelve (12) month Billing Period that is charged in full in advance and renews for additional twelve (12) month Billing Periods. The annual auto-renewal and 30-day-notice provisions of Section 12.1 of the Main ToS do not apply.

5.2 How to cancel. You may cancel your Online Subscription at any time through your SeekOut account settings or by contacting [email protected]. Cancellation is effective at the end of the then-current Billing Period.

5.3 Effect of cancellation. After cancellation takes effect, your Online Subscription will not renew and your Payment Method will not be charged for further Billing Periods. You retain access to the paid SeekOut Services through the end of the Billing Period for which you have already paid; for an Annual Plan, this means through the end of the prepaid twelve (12) month Billing Period. Consistent with Section 5.1 of the Main ToS, fees already charged are non-refundable and SeekOut does not provide partial-period or pro-rata refunds, including for the unused portion of an Annual Plan, except as required by applicable law (see Section 10).

5.4 Renewal and pre-charge notices. SeekOut will provide renewal, pricing, and cancellation-method information at sign-up. For Annual Plans (and any other Billing Period of one year or longer), SeekOut will send a renewal reminder before each automatic renewal, within the time period and containing the information (including the renewal price and how to cancel) required by applicable law. SeekOut will send any other reminder or renewal notices required by applicable law to your account email.

6. PRICE CHANGES

6.1 SeekOut may change the fees for your Subscription Plan. SeekOut will give you at least 30 days’ advance notice of a fee increase by email and/or in-product notice before it takes effect at the start of your next Billing Period (for an Annual Plan, at your next annual renewal). If you do not agree to the new fee, you may cancel under Section 5 before the increase takes effect; continuing your Online Subscription after the effective date constitutes acceptance of the new fee.

7. CHANGES TO YOUR SUBSCRIPTION PLAN (UPGRADES AND DOWNGRADES)

7.1 Upgrades. If you upgrade your Subscription Plan or add seats/licenses during a Billing Period, the change takes effect promptly and SeekOut may charge your Payment Method a prorated amount for the remainder of the current Billing Period, with the full new fee charged at the next renewal.

7.2 Downgrades. If you reduce seats/licenses or downgrade your Subscription Plan, the change takes effect at the start of your next Billing Period, and no refund or credit is provided for the current Billing Period. Solely for Online Subscriptions, this Section 7 modifies the statement in Section 5.1 of the Main ToS that quantities purchased cannot be decreased during the term.

7.3 Switching between Monthly and Annual. You may switch between a Monthly Plan and an Annual Plan. Unless SeekOut’s checkout allows the change to take effect sooner (in which case any applicable proration or credit will be shown at the time of the change), the change takes effect at your next renewal.

8. CHANGES TO THESE TERMS

8.1 SeekOut may modify these Self-Serve Terms and the Main ToS as they apply to Online Subscriptions from time to time. SeekOut will post the updated terms and, for material changes, provide notice by email and/or in-product notice at least 30 days before they take effect (or as otherwise required by law). Your continued use of the SeekOut Services or renewal of your Online Subscription after the effective date constitutes acceptance of the updated terms. If you do not agree, your sole remedy is to cancel under Section 5 before the changes take effect.

9. TERM, SUSPENSION, AND TERMINATION

9.1 Term. These Self-Serve Terms apply for as long as you have an active Online Subscription and survive thereafter as to provisions that by their nature should survive (see Section 14.8 of the Main ToS).

9.2 Suspension and termination for non-payment. In addition to SeekOut’s rights under the Main ToS, SeekOut may suspend or terminate your Online Subscription and access to the SeekOut Services if your Payment Method cannot be successfully charged or debited and the failure is not cured, as described in Section 4.4.

9.3 Termination by SeekOut for convenience. SeekOut may discontinue Online Subscriptions or terminate your Online Subscription for convenience on 30 days’ notice; in that case SeekOut will refund any fee charged for a Billing Period that has not yet begun.

9.4 Effect. The refund-of-prepaid-fees provisions in Sections 9.1 and 12.3 of the Main ToS apply to Online Subscriptions only to the extent there are prepaid, unused fees beyond the current Billing Period. Because Online Subscription fees are charged in advance for each Billing Period (one month for a Monthly Plan, or one year for an Annual Plan), no refund is due for the current or any past Billing Period — including the unused portion of a current Annual Plan — except as required by applicable law.

10. REFUNDS

10.1 Except as expressly stated in these Self-Serve Terms or as required by applicable law (including any non-waivable consumer-protection or automatic-renewal law), all fees for Online Subscriptions are non-refundable, and SeekOut does not provide refunds or credits for partial Billing Periods, the unused portion of an Annual Plan, unused seats, or unused time.

11. DISPUTE RESOLUTION; CLASS ACTION WAIVER

11.1 The arbitration agreement and 30-day opt-out right in Section 13 of the Main ToS apply to Online Subscriptions and to any Dispute relating to them.

11.2 Class action waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SEEKOUT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding.

12. ENTIRE AGREEMENT

These Self-Serve Terms, together with the Main ToS, the Use Policy, the Privacy Policy, the applicable Subscription Plan page, and any other terms referenced in the Main ToS, constitute the entire agreement between you and SeekOut regarding your Online Subscription and supersede any prior or contemporaneous understandings on that subject.