Terms of Service

Merchant Terms of Service

Last Updated January 15, 2024

Welcome to Plink, a technology-enabled platform that uses a variety of strategies to provide personalized marketing, loyalty and commerce Programs to participating businesses (the “Services”). Our technology platform and Program is designed to leverage our connections with financial institutions and other third-party user interfaces, using promotions, automated communications, data and incentives to elevate awareness of participating Merchants and motivate consumers to purchase goods and services at participating Merchants.

1. Acceptance of Terms of Use Agreement.

   1. This Agreement (“Agreement”) is an electronic contract that establishes the legally binding terms between Plink, Inc., (“Plink”, “Plink AI”, “we,” “us” or “Company”) and you, an individual or entity (“Merchant” or “you”). The Company is a corporation established in Delaware, United States of America, with headquarters in Santa Monica, California, United States of America. By electronically or verbally providing consent to participate in our Program (the “Service” or “Services”), you are agreeing that you have read and understand, and agree to be bound by, the terms and conditions in this Agreement. In addition to this Agreement, you also acknowledge that you have read and agree to our Privacy Policy. In the event of a dispute, you agree to the mandatory arbitration procedure defined herein. As used in this Agreement, the Company and Merchant or you may be individually referred to as a “Party” and collectively referred to as the “Parties.”
   2. By accessing the Website or using the Program and Services, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please Contact Us at connect@plink.ai or send a letter and self-addressed stamped envelope with sufficient postage to: Plink AI, 2708 Wilshire Blvd, #601, Santa Monica, CA 90403. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the Website.
   3. By using the Service, you consent to receive this Agreement in electronic form. To withdraw this consent, you must cease using the Service and contact us to terminate your account.
   4. As a participating Merchant, Merchant agrees to allow the Company and its Third Party Providers, to 
      i. collect payment from Merchant for subscription fees and incentives as specified below; 
      ii. collect and track certain Participant Data, as specified below, from Participant purchases; 
      iii. compile, and report to Merchant, Merchant specific consumer data; 
      iv. provide the Merchant a platform for enabling Merchant to offer valuable incentives to likely shoppers; 
      v. grant Merchant access to a rewards network composed of participating Merchants and other third party businesses; and 
      vi. issuing Participants incentives in conjunction with Merchant prescribed Participant behavior. 
   5. The Company reserves the right to make updates, additions and technological changes to the Programs or Services at any time.
2. Definitions.‍
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   “Account” shall mean the relationship established between you and the Company.
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   “Campaign” shall mean advertising, promotional or marketing campaigns featuring a variety of programs which enables Participants to Link registered Payment Cards via the Collinson Platform in order to have Personal Savings credited to their bank accounts.
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   “Financial Institutions” shall mean those financial services institutions that have arrangements with Third-Party Providers to facilitate the validation of Redemptions, including, without limitation, payment network partners (such as American Express, MasterCard and VISA).
   
   “Link” (and variations thereof) shall mean the act of connecting a Participant Transaction with a Payment Card registered by a consumer so as to allow tracking and validation of Redemptions and transmission of Transaction Matching information.
   
   “Participant(s)” shall mean a user, consumer, or customer of a Merchant who has registered for the Program and uses his or her Payment Card for the purposes of earning Personal Savings.
   
   “Participant Account” shall mean a Participant’s Program account in which Participant’s Personal Savings are credited.
   
   “Participant Data” shall mean Participant data collected from the promotion of Personal Savings Programs and related Campaigns from a Party’s respective websites and platforms.
   
   “Pay for Performance” shall mean specific Programs provided by the Company where Merchant agrees to pay additional fees and/or costs above the monthly Payment for issuance of Personal Savings, or other incentives or Merchant agrees to a revenue share agreement.
   
   “Payment Card” shall mean any eligible registered payment card, debit card or credit card issued by Financial Institutions and supported by the Collinson Services. Most credit and debit cards with a logo from MasterCard®, Visa® or American Express® are eligible for participation. Refer to the Program Terms of Service for further details on eligibility of cards.
   
   “Payment Method” shall mean your chosen method of payment provided at the time of enrollment with the Company to be used for collection of payments due to the Company. You may update your Payment Method by contacting us.
   shall mean cash back, goods, services, experiences, discounts, gift cards and such other incentives as the Company may offer Participants from time to time for such Participant’s participation in the Program. Savings carry no cash value until the time of Redemption.
   
   “Personal Savings” shall mean cash back, goods, services, experiences, discounts, gift cards and such other incentives as the Company may offer Participants from time to time for such Participant’s participation in the Program. Savings carry no cash value until the time of Redemption.
   
   ‍“Savings” shall mean cash back, goods, services, experiences, discounts, gift cards and such other incentives as the Company may offer Participants from time to time for such Participant’s participation in the Program. Savings carry no cash value until the time of Redemption.
   
   ‍“Process” means any method or way that we handle Participant Data or sets of Participant Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, and consultation, disclosure by transmission, disseminating or otherwise making available, alignment or combination, restriction, erasure or destruction of Participant Data.
   
   ‍“Program” shall mean variety of activities deployed by the Company on behalf of participating Merchants designed to leverage social media, promotions, automated communications, data, Savings, electronic gift cards, and incentives to increase consumer awareness of participating Merchants and to motivate consumers to purchase goods and services at participating Merchants.
   
   ‍“Qualified Transaction” shall mean all transactions made by Participants using their eligible Payment Card at participating Merchants.
   
   ‍“Redemption” (and variations thereof) shall mean the act of consummating a purchase of goods or services in accordance with the terms and conditions of a Program Campaign with the use of a Payment Card to which it is Linked.
   
   ‍“Redemption Value” shall mean the value of the discount, rebate or other benefit of a validated Redemption.
   
   ‍“Service” or “Services” means any products, services, content, features, technologies, or functions, and all related websites, applications and services offered to you by the Company for participation in the Program.
   
   ‍“Subscription” shall mean the monthly arrangement between the Merchant and the Company for the Services described herein.
   
   ‍“Subscription Payment” shall mean the monthly amount due for the Subscription as outlined during Merchant onboarding and registration.
   
   ‍“Third-Party Providers” shall mean all transaction data relating to Campaigns, including Linking, Redemption, Transaction Matching data related thereto, collected by Third-Party Providers.
   
   ‍“Transaction Data” shall mean all transaction data relating to Campaigns, including Linking, Redemption, Transaction Matching data related thereto, collected by Third-Party Providers.
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   “Transaction Matching” shall mean the validation of qualifying Participant transactions executed with Merchants using a Payment Card and transmitting relevant Transaction Data to the Company to complete the process for crediting Savings to Participant’s Accounts.

3. Term and Termination.

   1. This Agreement will remain in full force and effect while you use the Service and/or are a participating Merchant.
   2. You may terminate this agreement by providing a written notice of cancellation via email to connect@plink.ai or sending a cancellation request to Plink, Inc. 2708 Wilshire Blvd, #601, Santa Monica, CA 90403.
   3. The Company may terminate this agreement 
      i. by providing 72 hour written notification to Merchant, notice by email is an acceptable method of notice, 
      ii. automatically if Merchant materially breaches this Agreement, including not providing sufficient payment, or 
      iii. without notice to Merchant if the Company, in its sole discretion, determines that Merchant’s actions and practices relating to the Company are unlawful or commercially unreasonable towards the Company, its Platform, other participating Merchants or Participants.
   4. If a Merchant requests cancellation, the Company will not provide a refund for a partial month of Service. Upon cancellation request, the Company will suspend Merchant’s next scheduled payment and terminate services for Merchant.
   5. You may cancel the agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of enrollment, excluding Sundays and holidays. To cancel this agreement, email connect@plink.ai with the information that you are canceling the agreement including your business name and associated email address. If you cancel within the stated time period of prior to midnight of the third business day following the original date of this contract, we will refund any payments you have made within ten days of the date on which you give notice of cancellation.

4. Payment and Subscription.

   1. Merchant agrees to provide payment to the Company in return for Services provided by the Company.
   2. The Company will automatically bill you through the Payment Method you provided at the time of enrollment for use of the Service. You agree to pay the Company all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents), and you authorize us (through our third-party processor) to charge your chosen payment provider for the Service. You agree to make payment using that selected Payment Method. We may correct any billing errors or mistakes that it makes even if it has already requested or received payment. 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. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, the Company may in its discretion terminate your account immediately. If we successfully dispute the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.
   3. Your subscription will continue indefinitely until canceled by you. After your initial subscription commitment period (usually 1 month), and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. Payment is due at the beginning of each subscription period, and on the anniversary date of each renewal period thereafter. For example, if Merchant enrolls on the 15th of the month, Merchant will be charged for the first month of service on the date of enrollment and on the 15th of every month thereafter. If Merchant’s subscription payment shall fall on a date in a month with no anniversary date, for example the 31st in a month with 30 days, Merchant will be charged on the last day of that month.
   4. If you do not wish your account to renew automatically, or if you want to terminate your subscription, you must provide cancellation notice. If you cancel your subscription, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the Company to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize the Company to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if the Company does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that the Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
   5. You authorize the Company to charge your Payment Method for the Redemption Value of Savings issued by you through our Platform. We will charge your Payment Method at the time of Redemption by the Participant. Should you cancel your Service, you authorize the Company to charge your Payment Method for any Redemptions due prior to your cancellation date but settled after your cancellation date.
   6. If you elect to participate in a Pay for Performance Program, you authorize the Company to charge your Payment Method for the fees associated with Pay for Performance Programs as they are incurred.
   7. You must provide current, complete and accurate information for your Payment Method. You must promptly update all information to keep your Payment Method current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify the Company if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made by contacting us at connect@plink.ai. If you fail to provide the Company any of the foregoing information, you agree that you are responsible for fees accrued under your account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. You also authorize us to update your Payment Method to include any credit or debit card or other payment method provided by you to purchase any feature or service throughout your use of the Website or Service when automatically renewing your account, as set forth in Section 4.
   8. If you elect to use your bank account as the Payment Method, you authorize the Company to charge your bank account through an Automated Clearing House Transaction (ACH) for your payment amount. You certify that you are an owner or authorized representative of the Merchant with the authority to authorize these payments on the Merchant’s behalf. You understand that this authorization will remain in effect until this agreement is canceled per Section (3). If the scheduled payment dates fall on a weekend or holiday, payments may be executed on the next business day. You agree to keep sufficient funds in the account. If the transaction is returned for Non-Sufficient Funds (NSF), the Company may re-attempt to process the charge again within 10 days. You are responsible for any bank charges resulting from transactions returned for any reason and agree to pay the Company $25 per incident. You affirm that the bank account provided is enabled for ACH transactions. You agree not to dispute these scheduled transactions provided the transactions correspond to these terms. Both parties agree to be bound by NACHA Operating Rules and U.S. Law as they pertain to these transactions.
   9. If you elect to use your bank account as the Payment Method, you authorize the Company to charge your bank account through an Automated Clearing House Transaction (ACH) for your payment amount. You certify that you are an owner or authorized representative of the Merchant with the authority to authorize these payments on the Merchant’s behalf. You understand that this authorization will remain in effect until this agreement is canceled per Section (3). If the scheduled payment dates fall on a weekend or holiday, payments may be executed on the next business day. You agree to keep sufficient funds in the account. If the transaction is returned for Non-Sufficient Funds (NSF), the Company may re-attempt to process the charge again within 10 days. You are responsible for any bank charges resulting from transactions returned for any reason and agree to pay the Company $25 per incident. You affirm that the bank account provided is enabled for ACH transactions. You agree not to dispute these scheduled transactions provided the transactions correspond to these terms. Both parties agree to be bound by NACHA Operating Rules and U.S. Law as they pertain to these transactions.
   10. Special Incentives and Fees Coverage for Select Merchants: Plink shall assume responsibility for the entirety of incurred incentives and fees associated with cash back rewards during the first 12-month period following the date of signup, or until the total amount of incentives and fees reaches $1000, whichever occurs first. This commitment is subject to change at the sole discretion of the Company.

5. Advertising and Promotions.
   The logos, trademarks and other designations of each Party are collectively referred to as the “Trademarks” of that Party. The Company (and its Third-Party Providers) may use the Merchant’s Trademarks in our sales and marketing. We agree to follow any Trademark use guidelines provided by the Merchant in writing. In no event shall we use Merchant’s Trademarks in any defamatory or obscene manner or, as determined by Merchant in its reasonable discretion, in any manner likely to harm the Merchant’s reputation or goodwill. The Company grants Merchant a non-exclusive, non-transferable license to use our Trademarks solely to promote the Company and related Promotions during the term of this Agreement. Merchant will present to the Company, for its prior approval, any item or material that uses or refers to our Trademarks. Merchant shall not use our Trademarks in advertisements or promotions that contain any reference to any entity that is not related to the Company. Merchant consents to receive periodic advertisements, promotions, and marketing from the Company about our promotions. We agree to use Merchant information solely for the purposes of active promotions and as otherwise permitted herein, and will not sell, deliver, or otherwise transfer Merchant information to another except as permitted herein or unless required by the federal or applicable state laws of the United States of America.

6. Consent to Collection of Certain Participant Data.
   The Company and/or its Third Party Provider must collect certain Transaction Data related to purchases made from the Merchant with registered Payment Cards. To facilitate the collection of this data, we may establish data and/or telecommunications links, and: 
   ‍
   a. the Merchant, its employees, and/or appointed agents authorize the Company and its Third Party Providers to use the Merchant’s Transaction Data as contemplated by and in furtherance of the objectives of the Company’s promotions, including for determining the qualification of Participant transactions for credit and for identifying and tracking participating merchant members activity; 
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   b. Merchant authorizes Collinson to enroll Merchant as a participating merchant enabled by Collinson Services and applicable Financial Institutions; and 
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   c. Merchant permits the monitoring, collection, use, disclosure and sharing of related Payment Card Transaction Data for the purpose of enabling the Collinson Services; 
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   d. Merchant acknowledges that it will remain responsible for any fees imposed by its settlement bank, settlement processor, authorization network processor, or the like in its normal course of processing payment transactions; and 
   e. the Company shall otherwise treat transaction, financial, and Participant information obtained and/or processed by the Company as a result of this Agreement in strict confidence. 
   
   The Company agrees that it will only use Transaction Data provided to it in connection with this Agreement for purposes of fulfilling its obligations to the Participant(s) and the Parties in connection with the execution of this Agreement.

7. Data Rights.
   Merchant consents to the Company’s access and processing of Participant Data and Transaction Data collected from the Program in connection with the Services, and acknowledges and agrees that the Company, Third Party Providers, their Financial Institution customers may use such data for purposes of generating anonymous, aggregated, statistical models and compilations, trend analyses, Program performance analyses, benchmarking, the development of case studies and for internal business purposes so long as such data is not publicly attributable to and no reference is made to the Merchant, and that such data may be otherwise used by Financial Institutions with respect to its card holders in accordance with its Payment Card member rules. In addition to the foregoing, Merchant consents to the Company receiving access to other Merchant data held by Financial Institutions for our business purposes including, but not limited to, meeting certain obligations to Merchant hereunder.

8. Merchant Data Rights.
   If Merchant is provided with any non-aggregated Transaction Data relating to the use of Payment Cards (“Payment Card Data”), Merchant shall use such data solely for purposes of completing or validating Redemption-related transactions or rewards, calculating associated rewards or identifying transaction matches, and not for any marketing, modeling or for any other purposes, and to retain such data only for so long as it has a legitimate business need to retain them for such purposes. Merchant acknowledges and agrees that the Financial Institutions make no representations or warranties as to the accuracy or availability of Payment Card Data, and that the foregoing data rights are subject to change if the corresponding rights derived from the Financial Institutions are hereafter restricted or modified. If for any reason whatsoever Transaction Data from a data provider is no longer available to the Company or Collinson for use or sharing as contemplated under this Agreement, the Company and Collinson reserves the right to discontinue or limit the support of the Program as contemplated hereunder to the extent impacted by the loss of such data.

9. Representations and Warranties.
   Each Party hereby represents and warrants that 
   
   a. it has the authority to enter into this Agreement and to fully perform its obligations hereunder;
   
   b. this Agreement does not and will not conflict with any of the Party’s other obligations to any third parties; and 
   
   c. it complies and will comply with all applicable laws and regulations. 
   
   Merchant additionally represents and warrants that the Merchant is authorized and has the necessary third party consents to grant the licenses for the Trademarks as contemplated hereby, and the use by the Company of Merchant’s Trademarks, does not infringe or misappropriate any third party copyright, trademark, right of publicity, or other proprietary right. THE COMPANY AND ITS THIRD-PARTY PROVIDERS PROVIDE THEIR RESPECTIVE SERVICES “AS IS.” THE COMPANY AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE AGREEMENT, AND ANY OTHER DATA, INFORMATION, OR OTHER MATERIAL FURNISHED TO MERCHANT HEREUNDER; AND WARRANTIES OF NON INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY PROVIDERS WARRANT THAT ITS PLATFORM OR SITE, ANY INTERNET CONNECTIONS, OR THIRD-PARTY CONNECTIVITY, WILL OPERATE UNINTERRUPTED OR ERROR-FREE. THE COMPANY AND ITS THIRD-PARTY PROVIDERS DISCLAIM ANY AND ALL LIABILITY ARISING FROM THE TRANSMISSION OF INFORMATION OVER THE INTERNET, OR ANY IMPAIRMENT OR DISRUPTION OF THE INTERNET. IF AND TO THE EXTENT THAT THE SERVICES PROVIDED HEREUNDER ARE DELAYED, SUSPENDED OR TERMINATED FOR REASONS BEYOND THE COMPANY’S OR ITS THIRD PARTY PROVIDER’S REASONABLE CONTROL, INCLUDING THE INABILITY OR UNWILLINGNESS OF THIRD PARTIES TO PROVIDE SUPPORTIVE SERVICES, THE COMPANY AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ANY AND ALL LIABILITIES ASSOCIATED THEREWITH. MERCHANT HEREBY ACKNOWLEDGES THAT THE TRANSACTION DATA SUPPLIED BY COLLINSON AND ITS FINANCIAL INSTITUTIONS AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

10. Limitation of Liability
    UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY CLAIMS FOR LOST PROFITS, LOST BUSINESS, OR LOST DATA) ARISING OUT OF THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE COMPANY’S ENTIRE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER CAUSE OF ACTION WILL NOT EXCEED THE AMOUNTS COLLECTED FROM RESELLER UNDER THIS AGREEMENT IN THE THREE-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

11. Indemnification.
    The Company agrees to indemnify and hold harmless Merchant from and against third party claims, damages, losses, costs or expenses, including reasonable attorneys’ fees, to the extent arising out of the Company’s violation of any law or the Company’s willful misconduct. In no event shall the Company or its Third Party Providers be liable to Merchant or to any third party for any loss of profits, business interruption, or loss of business information; any incidental, special, exemplary, or consequential damages; or any claims or demands brought against Merchant, even if the Company has been advised of the possibility of such damages. Merchant shall defend, indemnify and hold harmless the Company and its Third Party Providers, and their respective affiliates, directors, officers, employees, agents, successors, heirs and assigns (collectively, the “Indemnitees”), from and against any and all losses, costs, liabilities, damages, fines, injuries, interest or expenses (including reasonable attorneys’ fees and costs of investigation and defense) suffered or incurred by any Indemnitee (collectively, “Losses”) to the extent such Losses are attributable to any third party claims, actions or proceedings (collectively, “Third Party Claims”) arising from, based upon or related to: (a) a claim that any Merchant Trademark infringes or otherwise violates any third party intellectual property or other proprietary rights or privacy rights or otherwise violates law; or (b) any violation of law or breach of any covenant, representation or warranty hereunder by Merchant (including payment defaults). Merchant shall pay any judgments, settlement amounts, reasonable attorney’s fees and other costs and expenses of litigation incurred by an Indemnitee of such Third-Party Claims. The foregoing indemnity obligation shall survive any termination or expiration of this Agreement. Merchant may not use the Service for any illegal or unauthorized purpose or violate any laws in its jurisdiction (including but not limited to copyright laws) or of the United States. The Company’s total liability for any cause of action, claim, damages, fees, costs or expenses, excluding claims under this section (Indemnification), shall be limited to the amount of fees paid by Merchant to the Company under this Agreement during the six (6) months immediately preceding the date on which the claim at issue accrued.

12. Release.
    Merchant (on its own behalf of that of its respective representatives and affiliates) hereby releases any and all claims that it (or they) may have against Collinson and/or the Financial Institutions for and in connection with any services provided by such Financial Institutions. Collinson and its Financial Institutions shall be deemed third party beneficiaries of this Agreement.

13. Mandatory Arbitration.
    In the event of a dispute arising out of this Agreement, the Parties agree to use good faith efforts to reach a resolution amicably. The Parties will have thirty (30) days from the date the dispute originated to reach a resolution. In the event the good faith efforts are unsuccessful, the Parties agree to mandatory, binding arbitration, following the processes set forth by the American Arbitration Association. The exclusive venue for any such arbitration shall be Los Angeles, California. The cost of the arbitrator’s compensation shall be shared equally by the Parties.

14. Independent Contractors.
    The Parties are independent contractors. Nothing in this Agreement shall be construed to create any employment, partnership, or agency relationship between the Parties. Except as otherwise expressly stated herein, neither Party shall make any representations or warranties, or enter into any agreement or assume any obligation on behalf of the other Party.

15. Governing Law.
    This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state of residence. Any claims, legal proceeding, or litigation arising in connection with this Agreement will be brought solely in Los Angeles, California, and you consent to the jurisdiction of such courts. Merchant shall commence an action in relation to an alleged breach of this Agreement within one (1) year from the date of breach, without regard to the date the breach was discovered. Any action not brought within that one (1) year time period shall be barred, without regard to any other limitations period set forth by law or statute.

16. Changes to this Agreement.
    The Company reserves the right to modify, at its sole discretion, this Agreement at any time, so please review frequently. Merchant’s continued participation in the Company Programs represents Merchant’s acceptance of the modified Agreement. If a material change to this Agreement is necessary, Merchant can terminate this Agreement without penalty by providing notice of termination to Plink at 2708 Wilshire Blvd, #601, Santa Monica, CA 90403 within thirty (30) days from the date of the change or contacting the Company to cancel Merchant’s services.

17. Entire Agreement.
    This Agreement including all attachments hereto, constitutes the entire agreement between the parties, and supersedes all prior agreements, whether written or oral, regarding the subject matter of this Agreement.