Effective Date: 10/20/2024
Last Updated: 10/20/2024

This Customer Agreement (“Agreement”) is entered into by and between CostCuts (“we,” “us,” or “our”) and the customer (“Customer,” “you,” or “your”). By using our platform and services, you agree to be bound by the terms and conditions of this Agreement.

1. Services Overview

CostCuts provides a platform that facilitates group purchasing opportunities for software and services, enabling customers to secure discounted rates through collective bargaining. We negotiate long-term contracts on behalf of a group of customers to ensure the best pricing, and we also allow customers to trade access to the platform amongst themselves, maintaining flexibility for independent users.

2. Revenue Model

CostCuts earns revenue in two ways:

• A percentage of the savings generated for customers through group buying arrangements.

• Affiliate commissions from vendors when we bring them new customers.
  
  

3. Eligibility

To use our platform, you must:

• Be at least 18 years old or the age of majority in your jurisdiction.

• Have the legal capacity to enter into a binding contract.

• Provide accurate and complete information during the registration process.
  
  

4. Account Registration

To access our services, you must create an account with CostCuts. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or security breaches.

5. Scope of Services

CostCuts negotiates long-term contracts with vendors for a group of customers, offering collective savings that would be unattainable through individual negotiation. Customers are not individually tied to these contracts. Instead, CostCuts allows customers to trade platform access amongst each other. However, the decision to allow trading access is at our sole discretion, and customers do not engage directly in the negotiation or contract process.

6. Pricing and Payment

CostCuts charges a fee based on the savings we secure for you through group buying, and we may receive additional affiliate commissions from vendors. The specifics of pricing and fees will be clearly outlined in the agreement you sign when engaging with CostCuts.

• Payment Terms: Payments must be made within one day of invoice issuance. Late payments may incur interest at a rate of 15% per month.

• Taxes: You are responsible for any applicable taxes, excluding any taxes based on CostCuts' revenue.
  
  

7. Affiliate Relationships

In addition to savings-based fees, CostCuts may receive affiliate revenue from vendors as a result of bringing them new customers. We disclose these relationships where applicable, ensuring transparency in our operations.

8. No Guarantees on Savings

While CostCuts strives to negotiate the best possible discounts, we do not guarantee any specific amount of savings. The success of group purchasing depends on the participation levels and vendor terms.

9. Termination of Agreement

This Agreement remains in effect until terminated by either party. Either party may terminate the Agreement by providing 31 days’ notice. Upon termination:

• Any outstanding payments must be settled.

• Any group purchase agreements between you and vendors will remain governed by the terms negotiated by CostCuts.

10. Trading Platform Access

CostCuts grants users the ability to trade access to our platform amongst each other, without being personally tied to long-term contracts. However, we retain full discretion over this process and reserve the right to approve or deny trades based on eligibility or other criteria.

11. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the relationship, including pricing, vendor agreements, and trade terms, unless disclosure is required by law or mutually agreed upon in writing.

12. Limitation of Liability

CostCuts provides its platform and services “as-is” and “as-available.” To the fullest extent permitted by law:

• We disclaim all warranties, including implied warranties of merchantability or fitness for a particular purpose.

• We will not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits.

• Our total liability for any claims under this Agreement will not exceed the total amount of fees paid by you to us in the 12 months preceding the claim.

13. Indemnification

You agree to indemnify and hold CostCuts, its officers, employees, and agents harmless from any claims, damages, or liabilities arising from:

• Your breach of this Agreement.

• Your use of our platform.

• Any claims related to the software or services purchased through our platform.

14. Intellectual Property

All intellectual property used by CostCuts, including but not limited to trademarks, logos, and proprietary software, remains our exclusive property. You may not use any of our intellectual property without our express written consent.

15. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the United States and the State of Delaware. Any disputes arising out of this Agreement will first be resolved through good faith negotiations. If the dispute cannot be resolved, it will be submitted to binding arbitration in Wilmington, Delaware, in accordance with the rules of the Judicial Arbitration & Mediation Services, Inc. (“JAMS”) rules then obtaining, and judgment upon the award rendered by a single  Arbitrator may be entered in any court having jurisdiction thereof.

16. Changes to Terms

CostCuts reserves the right to modify this Agreement at any time. Any significant changes will be communicated to you through email or via our platform. Your continued use of the platform after receiving notice of changes constitutes acceptance of the revised terms.

17. Miscellaneous

• Entire Agreement: This Agreement represents the entire understanding between you and CostCuts.

• Assignment: You may not transfer or assign your rights or obligations under this Agreement without our prior written consent.

• Severability: If any provision of this Agreement is deemed unenforceable, the remainder of the Agreement will continue in full force.