HeavyConnect Terms of Service

HEAVYCONNECT - TERMS OF SERVICE

LAST UPDATED: JULY 01, 2025

LOCATION: HeavyConnect.com/index.php/terms

HeavyConnect, Inc. ("HeavyConnect" or "we") provides productivity management software, applications and other related tools and services. These offerings are provided by HeavyConnect through an application you download to your mobile device (the "Application") and at the Internet site HeavyConnect.com (the "Site" and, together with any related software, tools and services provided in connection with the Application or Site, the "HeavyConnect Service"). Please read carefully the following terms and conditions ("Terms of Service") and our Privacy Policy, which may be found on our website at HeavyConnect.com/index.php/privacy-policy and which is incorporated herein by reference into these Terms of Service. These Terms of Service govern your access to and use of the HeavyConnect Service and all Site Content and constitute a binding legal agreement between you and HeavyConnect.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "ACCEPT TERMS" BUTTON, REGISTERING FOR A HEAVYCONNECT ACCOUNT, DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES, USING THE APPLICATION ON YOUR MOBILE DEVICE, OR ACCESSING OR USING THE HEAVYCONNECT SERVICE, OR BY DOWNLOADING, SUBMITTING OR POSTING ANY CONTENT FROM, OR ON, OR THROUGH THE HEAVYCONNECT SERVICE, OR BY ENTERING INTO A STATEMENT OF WORK WITH HEAVYCONNECT, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE HEAVYCONNECT SERVICE OR SITE CONTENT. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

DEFINITIONS

"Content" means text, graphics, photos, music, software, audio, video, information or other materials.

"Corporate Member" means a Member that is a company or other legal entity, rather than an individual.

"HeavyConnect Content" means Content that HeavyConnect makes available through the Site or HeavyConnect Service, including any Content licensed to HeavyConnect from a third party, but excluding Member Content.

"Member" means a person or entity who completes HeavyConnect's account registration process, as described under "Account Registration" below.

"Member Content" means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the HeavyConnect Service, including, without limitation, comments to the HeavyConnect blog.

"Site Content" means HeavyConnect Content and Member Content.

MODIFICATION

HeavyConnect reserves the right, at its sole discretion, to modify, discontinue or terminate the HeavyConnect Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service or on the Site or Application. By continuing to access or use the HeavyConnect Service after we have posted a modification on the Site or Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the HeavyConnect Service.

Certain portions of the HeavyConnect Service may, or may in the future, have different terms and conditions posted on the Site or may require you to agree with and accept additional terms and conditions. HeavyConnect may, in its sole discretion, make premium or different applications, software or services available to you that is subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these Terms of Service and terms and conditions posted for a specific portion of the HeavyConnect Service, the latter terms and conditions shall take precedence with respect to your use of or access to that portion of the HeavyConnect Service.

STATEMENT OF WORK

If you are a party to a Statement of Work or quote between you and HeavyConnect (a "Statement of Work"), these Terms of Service shall begin on the Effective Date of the Statement of Work and, unless terminated pursuant to a Termination for Cause (as such term is defined below), shall continue through the term set forth in the Statement of Work (the "SOW Term") and will automatically renew for a successive one (1) year term following the end of each SOW Term, unless you notify HeavyConnect in writing, not less than ninety (90) days prior to the end of the then current SOW Term, of your intention not to renew.

Either party to a Statement of Work may, by written notice, request any changes, additions, deletions, or modifications to any Statement of Work. No changes to a Statement of Work will be effective until a written amendment has been signed by both Parties. If any such change affects the amount due or the time of performance thereunder, the Parties shall negotiate in good faith a mutually acceptable appropriate adjustment.

In the event of conflict or inconsistency between these Terms of Service and those of any Statement of Work, the Statement of Work shall control.

ELIGIBILITY

By accessing or using the HeavyConnect Service you represent and warrant to HeavyConnect that: (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent's permission to use the HeavyConnect Service, and your parent has read and agrees to these Terms of Service on your behalf; (ii) all registration information you submit is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; (iv) if you are accepting these Terms of Service on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms of Service. You also certify that you are legally permitted to use and access the HeavyConnect Service and take full responsibility for the selection and use of and access to the HeavyConnect Service. These Terms of Service are void where prohibited by law, and the right to access the HeavyConnect Service is revoked in such jurisdictions.

PRIVACY

See HeavyConnect's Privacy Policy at HeavyConnect.com/index.php/privacy-policy for information and notices concerning HeavyConnect's collection and use of your personal information.

ACCOUNT REGISTRATION

In order to access the HeavyConnect Service, you must register to create an account ("Account") and become a Member. When registering with HeavyConnect you agree to: (a) provide true, accurate, current and complete information about yourself (or, if applicable, the Corporate Member you represent) as prompted by the HeavyConnect Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the HeavyConnect Service (or any portion thereof).

You may not authorize any third party (other than, if applicable, the employees, consultants or agents of the Corporate Member you represent) to access or use the HeavyConnect Service on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify HeavyConnect of any unauthorized use of your user ID or password or any other breach of security. HeavyConnect cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

By providing us with your email address, you agree to receive all required notices electronically, to that email address. From time to time, HeavyConnect will use this email address to send you notifications about product updates and improvements, company news and events, and updates from our community.

FEES AND PAYMENT

Signing up for the HeavyConnect paid service or providing payment information to HeavyConnect after being prompted to do so, you agree to the pricing, payment and billing policies as set forth (a) herein, (b) on the Site and/or (c) if applicable, in a separately executed or accepted purchase order. All fees paid for the HeavyConnect Service are non-refundable and non-transferable except as expressly provided in these Terms of Service. All fees and applicable taxes, if any, are payable in United States dollars. You are solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes and similar fees now in force, enacted or imposed in the future on the transaction between you and HeavyConnect, excluding only taxes based solely on HeavyConnect's income. If HeavyConnect has the legal obligation to pay or collect taxes for which you are responsible, the appropriate amount shall be invoiced to and paid by you, unless you provide HeavyConnect with a valid tax exemption certificate authorized by the appropriate taxing authority.

CONTROLLING LAW AND JURISDICTION

These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

ENTIRE AGREEMENT

These Terms of Service constitute the entire and exclusive understanding and agreement between HeavyConnect and you regarding the HeavyConnect Service and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between HeavyConnect and you regarding the HeavyConnect Service.

ASSIGNMENT

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without HeavyConnect's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. HeavyConnect may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by HeavyConnect (i) via email (in each case to the address that you provide) or (ii) by posting to the Application or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

GENERAL

The failure of HeavyConnect to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HeavyConnect. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.

CONTACTING HEAVYCONNECT

If you have any questions about these Terms of Service, please contact HeavyConnect at Hello@HeavyConnect.com or 150 Main Street Suite 130 Salinas, CA 93901. You acknowledge and agree that when contacting HeavyConnect, whether by email, chat, or otherwise, you will not include any personally identifiable information in your communications, and that if such information is included in your communications with HeavyConnect, HeavyConnect will have no legal obligation or liability with regard to such information.