WP Tango LLC Terms of Service.

For purposes of this Agreement, the following terms shall have the meanings set forth below:

• "Account" means the unique account created by or for you to access and use the Services.
• "Client", "Customer", "you", or "your" means the individual or legal entity that is using the Services.
• "Content" means any data, files, text, images, code, media, or other materials uploaded to, stored on, processed by, or transmitted through the Services by or on behalf of you or your end users.
• "Order" or "Order Form" means any online order, proposal, or other ordering document that references this Agreement and describes the Services selected by you.
• "Service Plan" means the particular hosting, maintenance, or support plan you select, as specified in the Order or client portal.
• "Third-Party Services" means any products, services, software, or platforms not provided by WP Tango but used in connection with the Services, including but not limited to CDNs, DNS providers, SMTP providers, analytics tools, payment processors, and cloud infrastructure providers.
• "Scheduled Maintenance" means planned maintenance windows during which Services may be temporarily unavailable.
• "Emergency Maintenance" means urgent maintenance performed to address security, performance, or availability issues that could not reasonably be delayed.
• "Force Majeure Event" has the meaning set forth in Section 29 (Force Majeure).

This Agreement applies to all use of the Services by you and your end users. Additional policies and documents, including but not limited to our Privacy Policy, Acceptable Use Policy, Data Processing Addendum (if applicable), and any Service-specific addenda, are incorporated herein by reference.

In the event of a conflict between this Agreement and an Order, the Order shall control solely with respect to the specific conflicting term. In the event of a conflict between this Agreement and any policy linked from it, this Agreement shall control unless explicitly stated otherwise in a signed addendum.

• You must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater.
• You may not use the Services if you are barred from receiving services under the laws of the United States or any other applicable jurisdiction.
• If you register on behalf of a business or other legal entity, you represent and warrant that you have authority to bind that entity to this Agreement.
• The Services are intended for web hosting and related operations, and are not designed, licensed, or intended for use in life-support systems, nuclear facilities, aviation, emergency services or other environments where failure could result in death, injury, or severe physical or environmental damage.

• You must provide accurate, current, and complete information when creating your Account and keep it updated.
• You are solely responsible for maintaining the confidentiality and security of all login credentials associated with your Account, including use of strong passwords and two-factor authentication (2FA) where available.
• You are fully responsible for all activities that occur under your Account, whether or not authorized by you.
• You agree to notify WP Tango immediately if you become aware of any unauthorized access to or use of your Account or any other security breach.
• WP Tango is not liable for any loss or damage arising from unauthorized use of your Account due to your failure to safeguard credentials or configure adequate access controls.

WP Tango provides managed WordPress-centric services, which may include some or all of the following depending on your Service Plan:

• Containerized, high-performance hosting infrastructure.
• Use of dedicated or shared CPU and RAM resources, including but not limited to high single-core performance CPU models (e.g., AMD Ryzen family) as available.
• Server-level and/or cloud-based caching, CDN integration, and performance optimization.
• Daily offsite encrypted backups of site files and databases, subject to the limitations described in Section 12.
• WordPress core, plugin, and theme update management, within the scope defined by your Plan.
• Security hardening, malware scanning, and basic firewall/WAF configuration.
• DNS guidance, domain configuration support, and SSL/TLS setup support.
• Access to a client portal for billing, support, and service management.

The exact features, limits (including disk space, bandwidth, PHP workers, CPU/RAM), and included services are specified in your Service Plan. WP Tango may modify non-material aspects of the Services at any time to improve security, performance, stability, or user experience.

• WP Tango may provision your site(s) on shared or dedicated infrastructure depending on your Plan.
• We may implement resource limits (e.g., CPU, RAM, I/O, PHP workers, inodes, connections) to protect overall platform stability.
• If your usage materially exceeds reasonable levels for your Plan or negatively impacts other customers, we may throttle resource usage; recommend or require an upgrade to a higher tier; or temporarily limit or suspend traffic or processes causing disruption.
• We are not responsible for performance issues caused by your code, plugins, themes, or external integrations.

You agree to:

• Ensure that all Content hosted on or transmitted through the Services complies with this Agreement and applicable law.
• Configure and manage your WordPress installation, themes, plugins, and custom code in a secure and responsible manner.
• Maintain up-to-date contact and billing information within the client portal.
• Implement your own internal backup, export, or archiving processes, independent of WP Tango's backup features.
• Test all major site changes (including plugin/theme updates and custom development) in staging where available prior to deploying to production.
• Promptly notify WP Tango of any suspected security incident, unauthorized access, or service malfunction.

You shall not use the Services to:

• Engage in illegal activities, including distribution of malware, phishing, fraud, or unauthorized access to systems.
• Host or disseminate content that is defamatory, obscene, abusive, or otherwise unlawful.
• Infringe, misappropriate, or violate third-party intellectual property rights.
• Send unsolicited bulk email, spam, or perform email abuse of any kind.
• Run crypto-mining operations, bots, or resource-intensive background processes unrelated to normal website operation.
• Use nulled, pirated, or knowingly insecure themes/plugins.
• Perform stress testing, penetration testing, or load testing without prior written consent.

WP Tango may, in its sole discretion and without prior notice, suspend, restrict, or terminate any Account or site that violates this AUP, without refund of prepaid fees, and without liability of any kind. WP Tango may also remove or disable offending Content, preserve and disclose records as required by law or to protect the platform, our customers, or third parties, and fully cooperate with law enforcement, government authorities, or aggrieved third parties in connection with suspected misuse of the Services. You waive any claim against WP Tango arising from such cooperation or disclosure.

You agree to reimburse WP Tango for all reasonable costs (including engineering time, abuse-investigation fees, third-party charges, and legal fees) incurred as a direct or indirect result of your AUP violation.

• You retain ownership of all Content you upload or otherwise make available through the Services.
• You grant WP Tango a non-exclusive, worldwide, royalty-free license to host, cache, transmit, display, and process your Content solely as necessary to operate and improve the Services.
• You represent and warrant that you have all rights necessary to upload and use your Content, and that your Content does not violate any applicable laws or third-party rights.
• If we receive a complaint or DMCA notice, we may remove or disable access to the allegedly infringing Content and may notify you where legally permissible.
• Repeated or egregious infringement may result in suspension or termination of your Services.

WP Tango processes certain personal data in order to provide the Services, such as account contact details and limited technical logs. Our Privacy Policy describes how we collect, use, and protect personal data.

• Where applicable law requires, you remain the controller of personal data within your website(s), and WP Tango acts as a processor.
• You are responsible for implementing appropriate privacy notices, cookie banners, consent mechanisms, and data subject rights workflows on your site(s).
• WP Tango does not provide legal advice and does not guarantee your site's compliance with GDPR, CCPA, or other data protection laws.

• WP Tango implements reasonable technical and organizational measures to secure the hosting platform.
• No system can be 100% secure; you acknowledge that security incidents may occur despite reasonable safeguards.
• You are responsible for maintaining strong passwords and secure access practices; limiting administrative access to trusted individuals; ensuring local devices used to access the Services are malware-free and secured; and choosing reputable, actively maintained plugins and themes.
• WP Tango is not liable for security breaches caused by compromised user credentials; vulnerable or abandoned themes/plugins; insecure custom code or unreviewed third-party scripts; or client-side malware, keyloggers, or network compromise.

12.1 Backup Services. For most Service Plans, WP Tango performs automated backups (e.g., nightly) of site files and databases and stores them in offsite or redundant locations. Backup frequency, scope, and retention depend on your Service Plan and may change as we improve our systems. Backups are intended as a convenience and disaster-recovery aid, but are not a substitute for your own independent backup strategy.

12.2 No Guarantee of Backup Integrity or Availability. Although we may perform regular backups, WP Tango makes no guarantee that any backup will be available, uncorrupted, current, or usable at the time you request a restore. Backups may fail, become corrupted, be overwritten, or become unavailable due to technical, operational, or third-party issues.

To the fullest extent permitted by law:

• WP Tango has no obligation to retain any specific backup beyond the general retention logic of your Plan.
• WP Tango shall not be liable for any data loss, data corruption, or failure to restore data, regardless of cause.
• Backup features, if present, do not shift the risk of data loss from you to WP Tango in any way.

12.3 Client Responsibility for Independent Backups. You are solely responsible for creating, maintaining, and periodically testing independent, off-platform backups of your website, database, and other critical data. You should maintain multiple copies of backups, in geographically distinct locations, under your own control. Your failure to maintain your own backups will not create any liability for WP Tango.

12.4 Data Retention and Destruction. Once an Account or site is terminated, suspended for non-payment, or otherwise deleted, WP Tango may permanently delete the associated Content and backups after the applicable retention window (if any). After deletion, recovery is not possible. WP Tango has no obligation to retain data for legal, regulatory, or evidentiary purposes on your behalf unless required by law or a separate written agreement.

• WP Tango may offer migration assistance as a courtesy. Migrations involve inherent risk, including but not limited to missing files, broken links, misconfigured plugins, or data inconsistencies.
• While we take reasonable care, WP Tango does not guarantee that any migration will be error-free or that no data will be lost or changed during the process.
• You are responsible for providing accurate access credentials to your previous host or source system; reviewing and testing your site thoroughly after migration and before going live; pointing DNS records and verifying DNS settings post-migration; and retaining your own backup from the prior host before any migration begins.
• DNS propagation is outside WP Tango's control and may cause temporary inconsistencies. WP Tango is not liable for lost orders, missed leads, or data inconsistencies during DNS propagation.

• WP Tango may perform Scheduled Maintenance, typically during low-traffic periods, and may temporarily suspend Services during such maintenance.
• Emergency Maintenance may occur at any time if required to mitigate security or stability risks.
• WP Tango may modify, replace, or discontinue features, technologies, or integrations where necessary due to vendor changes, security concerns, or technical limitations.
• In the event of a technology end-of-life (e.g., PHP version deprecation), you agree to cooperate with our recommended upgrades and changes. Failure to do so may lead to degraded performance or suspension.

• WP Tango targets a platform availability of 99.9% on a monthly basis, excluding Scheduled Maintenance and Emergency Maintenance; outages caused by your code, configuration, or misuse; third-party service failures (e.g., domain registrars, CDNs, DNS, upstream ISPs); and Force Majeure Events as described in Section 29.
• Where specified by your Plan, service credits may be available as described in Section 21. Credits are your sole and exclusive remedy for service availability issues.

• Support is provided primarily via the client portal and/or email during published business hours, with 24/7 escalation for severe issues on applicable Plans.
• Response times are targets, not guarantees, and may vary based on ticket volume and severity.
• Support scope generally includes platform-level issues, basic troubleshooting, and guidance, and excludes extended development, content work, or complex customization unless covered by a retainer.

Automatic Billing is the Default and Required Method of Payment. WP Tango operates a high-density, low-overhead managed-hosting platform; reliable automatic billing is essential to keeping our pricing competitive and our infrastructure stable. Accordingly, all Services are sold on an automatic, recurring, prepaid basis, and you agree that automatic billing is the exclusive payment mechanism unless WP Tango has expressly approved an alternative arrangement in writing.

Express Consent to Recurring Charges. By adding, saving, or otherwise providing a credit card, debit card, ACH/bank account, or other payment instrument (each, a "Payment Method") to your Account through my.wptango.com or any other WP Tango portal or order form, you affirmatively, knowingly, and expressly authorize WP Tango (and its payment processors) to:

• Store the Payment Method on file (in tokenized form via a PCI-DSS compliant processor) for the duration of your relationship with WP Tango;
• Automatically charge the Payment Method, on a recurring basis and without further notice or authorization, for all Services, add-ons, overages, taxes, fees, and any other amounts you owe under this Agreement or any Order;
• Re-attempt failed charges, update card details via card-account-updater services offered by the networks (e.g., Visa Account Updater, Mastercard ABU), and charge any replacement card issued for the same account;
• Charge any other Payment Method on file if the primary method fails, expires, or is declined.

This authorization constitutes your express written consent to recurring electronic payments under the U.S. Electronic Funds Transfer Act, NACHA rules, applicable card network rules, and equivalent laws, and remains in effect until you cancel all Services and pay all outstanding balances in full. Removing or revoking the Payment Method does not cancel your Services or terminate your obligation to pay; you must cancel through the client portal in accordance with the cancellation provisions of this Agreement.

• Services are prepaid on a monthly, quarterly, or annual basis as specified in your Order.
• Early Renewal Charges. To ensure uninterrupted service and to allow time for retries on declined Payment Methods, WP Tango may automatically charge your Payment Method in advance of your renewal date as follows: (i) up to fifteen (15) days early for monthly billing intervals; (ii) up to thirty (30) days early for quarterly or semi-annual billing intervals; and (iii) up to forty-five (45) days early for annual or longer billing intervals. You expressly authorize each such early charge.
• Failed Payments. If a charge is declined, WP Tango may retry the Payment Method (and any other Payment Method on file) at any time without further notice. Accounts with overdue balances may be suspended, throttled, or terminated, and overdue amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. You agree to reimburse WP Tango for all costs incurred in collection (including processor fees, returned-payment fees, and reasonable attorneys' fees).
• You Must Maintain a Valid Payment Method. It is your responsibility to keep at least one valid, sufficient, and non-expired Payment Method on file at all times during your subscription. Failure to do so does not suspend, defer, or excuse any payment obligation.
• All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you are responsible for all such taxes where applicable.
• WP Tango may adjust pricing or resource allocations upon renewal or with advance notice as specified in your client portal or invoice. Continued use of the Services or the next automatic charge after such notice constitutes your acceptance of the revised pricing.
• Manual / Invoiced Billing (Exception, Not Default). Manual or invoice-based billing is available only by prior written approval from WP Tango and may be subject to minimum commitments, prepayment requirements, and an administrative surcharge. WP Tango reserves the right to revoke any such accommodation and require automatic billing at any time.

• Except where explicitly stated, all fees are non-refundable, including for partial billing periods, downgrades, or unused Services.
• Service credits, when granted (e.g., for uptime issues), are applied to future invoices and have no cash value.
• Mandatory Pre-Dispute Notice. You agree that you will not initiate a chargeback, payment reversal, ACH return, or any other payment dispute with your card issuer, bank, or payment processor without first contacting WP Tango in writing at billing@wptango.com and allowing at least thirty (30) days to investigate and resolve the matter in good faith. Any chargeback initiated in breach of this provision is a material breach of this Agreement and constitutes wrongful conduct.
• Immediate Consequences of a Chargeback. Upon WP Tango's receipt of any chargeback or payment dispute, WP Tango may, without prior notice and in its sole discretion: (i) immediately suspend, throttle, or terminate any and all of your Services and Accounts (including Services not directly related to the disputed charge); (ii) lock and withhold access to your data, sites, backups, exports, and credentials until the dispute is fully resolved and all amounts (plus fees) are paid in full; (iii) accelerate and declare immediately due and payable all unpaid fees through the end of your then-current term; (iv) deactivate domain, DNS, SSL, email, and integration services associated with your Account; and (v) refuse to provide future Services to you or any related party.
• Chargeback Fees and Recovery Costs. For each chargeback or disputed payment (whether or not ultimately resolved in WP Tango's favor), you agree to pay WP Tango: (a) an administrative chargeback-handling fee of fifty U.S. dollars (US $50) per occurrence; (b) all amounts charged back, plus all fees, penalties, and currency-conversion losses imposed on WP Tango by its processor, acquiring bank, card network, or any third party; (c) all costs of investigation, evidence gathering, and dispute response, including reasonable engineering and staff time at WP Tango's then-standard rates; and (d) all collection costs, attorneys' fees, and court costs incurred in recovering such amounts. These charges accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law from the date incurred until paid in full.
• Wrongful or Bad-Faith Disputes. You acknowledge that chargebacks initiated for amounts you actually owe, for Services actually rendered, in violation of the pre-dispute notice requirement, or as a substitute for cancellation may constitute, depending on jurisdiction, wire fraud, theft of services, friendly fraud, or breach of contract. WP Tango reserves the right to (i) submit full evidence of the transaction to the card network or bank to defeat the dispute; (ii) report the conduct to the card networks, fraud-prevention databases (including industry blocklists such as the MATCH/TMF list where eligible), credit bureaus, and law enforcement; (iii) refer the debt to third-party collection agencies; and (iv) pursue all available legal remedies, including liquidated damages where permitted.
• Reinstatement. Reinstatement of suspended or terminated Services following a chargeback is at WP Tango's sole discretion and conditioned upon (i) full reversal or withdrawal of the chargeback; (ii) payment in full of all outstanding amounts, chargeback-handling fees, recovery costs, and interest; (iii) prepayment of the next twelve (12) months of Services; and (iv) replacement of the disputed payment method with a new, verified payment instrument. WP Tango is under no obligation to restore any data deleted during the suspension period.
• Data Loss During Dispute. You expressly acknowledge that suspension or termination triggered by a chargeback may result in permanent loss of your sites, databases, email, and backups after the applicable retention window, and you waive any and all claims against WP Tango arising from such loss.
• No Set-Off. You may not withhold, set off, or deduct any disputed amount against fees owed to WP Tango. All invoices must be paid in full when due, and any dispute pursued only through the resolution process described above.
• You are responsible for any and all fees, fines, penalties, or costs incurred by WP Tango as a result of chargebacks or disputes, regardless of outcome.

• WP Tango may suspend or restrict your access to Services if invoices remain unpaid past the due date; we detect security, abuse, or AUP violations; your site jeopardizes platform stability or other customers; or we are required to do so by law or by a third-party provider.
• WP Tango may terminate this Agreement or any Service at the end of your current term, or immediately in cases of material breach, illegal activity, or sustained abuse.
• You may terminate at any time through the client portal or by written notice; no pro-rata refunds apply unless explicitly agreed in writing.

• Upon termination or expiration of Services, your right to access the Services immediately ceases, except as we may otherwise permit in writing; WP Tango may retain your data for up to 7 days (or such period as specified by your Plan) solely for the purpose of allowing you to export your site, after which data may be permanently deleted; and it is your responsibility to request and download any data prior to final termination or data deletion.
• WP Tango has no obligation to provide ongoing hosting, backup, or archive services after the applicable retention window.

• Where available under your Service Plan, and subject to your timely written request, you may be eligible for a limited service credit if monthly uptime falls below stated targets, excluding all permitted exclusions.
• Any service credits are applied solely against future payments due; are non-transferable, non-refundable, and have no cash value; and shall in no event exceed the fees you paid for the affected Service during the applicable month.
• Service credits are your sole and exclusive remedy for any failure by WP Tango to meet uptime or performance targets.

• The Services may rely upon or integrate with Third-Party Services (e.g., DNS, CDN, SMTP, analytics, cloud infrastructure).
• WP Tango does not control and is not responsible for the availability, performance, security, compliance, or features of any Third-Party Services; or any changes, price increases, outages, or discontinuation of Third-Party Services.
• Your use of any Third-Party Service is subject to that provider's terms and privacy policies. You are solely responsible for reviewing and complying with those terms.
• Failures, downtime, data loss, or other issues caused by Third-Party Services do not create any obligation or liability for WP Tango beyond what is explicitly stated in this Agreement.

• If you are authorized to resell our Services, you are solely responsible for providing first-line support and billing to your end users; you must ensure your end users comply with this Agreement and all related policies; and you may not misrepresent your relationship with WP Tango or mislead end users.
• WP Tango may, at its discretion, contact or support end users directly in cases of abuse, security incidents, or legal obligation.
• Reseller privileges are revocable at WP Tango's sole discretion in the event of misuse, excessive server load, or material breach.

• PCI-DSS: WP Tango does not store payment card details on your behalf and is not a PCI-DSS compliant card-storage provider. You must use a compliant third-party processor for handling cardholder data and configure your site accordingly.
• HIPAA / PHI: WP Tango is not a HIPAA-compliant provider and does not sign Business Associate Agreements (BAAs). You may not use the Services to store or process Protected Health Information (PHI).
• GDPR / Data Protection: If you serve EU/UK data subjects, you are responsible for implementing GDPR-compliant notices, consent, and data subject rights processes on your site. WP Tango may provide a Data Processing Addendum (DPA) where required, but does not guarantee your overall compliance.

• From time to time, WP Tango may make certain features or integrations available as "beta", "preview", or "experimental".
• Such features may be incomplete, change without notice, or be discontinued at any time.
• Beta features are provided "as is" without warranty and may be subject to additional limitations and risks. Your use of them is entirely at your own risk.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.

To the fullest extent permitted by law, WP Tango expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Any warranty that the Services will be uninterrupted, error-free, secure, or free from harmful components.
• Any warranty that your Content or data will be preserved without loss, corruption, or unauthorized access.
• Any warranty arising from course of dealing, usage, or trade.

You acknowledge that you use the Services at your own risk and that you are responsible for implementing appropriate safeguards (including backups and security controls) to protect your systems, Content, and data.

To the maximum extent permitted by applicable law, in no event shall WP Tango, its affiliates, officers, employees, contractors, or licensors be liable for any:

• Indirect, incidental, consequential, special, exemplary, or punitive damages.
• Loss of profits, revenue, business, goodwill, or anticipated savings.
• Loss, corruption, destruction, or unauthorized access to data or backups.
• Business interruption, downtime, or inability to access the Services.
• Costs of substitute goods or services.
• Any matter beyond WP Tango's reasonable control, including Third-Party Service failures.

In all cases, WP Tango's total aggregate liability for any and all claims arising out of or related to the Services or this Agreement (whether in contract, tort, negligence, strict liability, statutory, equitable, or otherwise) shall be limited to the lesser of (a) the total amount of fees you actually paid to WP Tango for the affected Services during the three (3) month period immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100). Multiple claims shall not enlarge this cap.

The foregoing limitations apply regardless of the form of action, even if WP Tango has been advised of the possibility of such damages, and even if any limited or exclusive remedy fails of its essential purpose. Each clause in this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to allocate the risks between the parties; this allocation is an essential part of the basis of the bargain, and the prices and fees charged by WP Tango reflect this allocation.

Time-Bar. Any cause of action or claim arising out of or related to the Services or this Agreement must be commenced within one (1) year after the cause of action accrues, or it shall be permanently barred. You waive any longer statute of limitations to the maximum extent permitted by law.

• You shall indemnify, defend, and hold harmless WP Tango, its affiliates, officers, employees, and contractors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use or misuse of the Services; your Content, including allegations that it infringes or violates any third-party rights; your violation of this Agreement or applicable law; or any breach of your security obligations or negligence in managing access credentials.
• WP Tango will provide you with prompt written notice of any claim subject to indemnification (provided that failure or delay in giving notice shall not relieve you of your obligations except to the extent you are materially prejudiced). WP Tango reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with our defense at your own cost. You shall not settle any claim that imposes any obligation, admission, or restriction on WP Tango without WP Tango's prior written consent.
• Your indemnification obligations are uncapped and shall survive termination of this Agreement.

• Except for payment obligations, neither party shall be liable for any delay or failure in performance arising from or related to any condition beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, or storm; war, terrorism, civil unrest, or riots; government actions, embargoes, or sanctions; labor disputes, strikes, or lockouts; power failures, internet or network outages, routing failures, or denial-of-service attacks; or datacenter outages, hardware failures, or failures of Third-Party Services.
• The affected party shall use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance as soon as reasonably practicable.

• This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles.
• Any dispute arising out of or relating to this Agreement or the Services shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and each party consents to the personal jurisdiction of such courts.
• The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement.
• Class Action Waiver. To the maximum extent permitted by law, you and WP Tango each agree that any dispute, claim, or controversy shall be brought solely on an individual basis, and not as a plaintiff or class member in any purported class, collective, consolidated, mass, or representative proceeding. The arbitrator or court may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
• Jury Trial Waiver. To the maximum extent permitted by law, each party irrevocably waives any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement or the Services.
• Equitable Relief. Notwithstanding the foregoing, WP Tango may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or platform integrity, without posting bond.
• Prevailing Party. In any action brought to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.

• You represent and warrant that you (and your principals, directors, and beneficial owners) are not (i) located in, organized under, or a national or resident of any country or territory subject to comprehensive U.S. or other applicable trade sanctions; (ii) listed on the U.S. Treasury Department's OFAC Specially Designated Nationals List, the U.S. Commerce Department's Denied Persons List, or any equivalent restricted-party list; and (iii) otherwise prohibited from receiving the Services under U.S., EU, UK, or other applicable export-control or sanctions law.
• You agree not to use, export, re-export, transfer, or make the Services available to any person or in any manner that would violate applicable export-control or sanctions laws.
• You agree to comply with all applicable anti-corruption, anti-bribery, and anti-money-laundering laws (including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act).
• WP Tango may immediately suspend or terminate the Services without refund or liability if it has a good-faith belief that providing the Services to you would violate any of the foregoing.

• As between the parties, WP Tango exclusively owns and reserves all right, title, and interest in and to the Services, the underlying platform, infrastructure, software, control panel, dashboards, documentation, brand, trademarks, and all related intellectual property, including any modifications, derivatives, or improvements thereof.
• This Agreement grants you only a limited, non-exclusive, non-transferable, revocable right to use the Services in accordance with this Agreement during the applicable subscription term. No other rights are granted by implication, estoppel, or otherwise.
• You shall not, and shall not permit any third party to: (i) reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying architecture of the Services; (ii) circumvent or disable any security, rate-limiting, metering, billing, or access-control mechanism; (iii) probe, scan, benchmark, or publish performance results regarding the Services without WP Tango's prior written consent; (iv) use the Services to develop a competing product or service; (v) resell, sublicense, or commercially exploit the Services except as expressly permitted under your Plan; or (vi) remove or obscure any proprietary notice on the Services.
• Feedback License. If you provide WP Tango with any suggestions, ideas, feedback, or recommendations regarding the Services ("Feedback"), you hereby grant WP Tango a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, modify, and exploit such Feedback for any purpose, without attribution or compensation.

• "Confidential Information" means any non-public information disclosed by one party to the other that is identified as confidential or that should reasonably be understood to be confidential given its nature and the circumstances of disclosure, including pricing, security configurations, infrastructure details, and business plans.
• Each party shall (i) use the other's Confidential Information solely to perform its rights and obligations under this Agreement; (ii) protect such information using at least the same degree of care it uses to protect its own confidential information of similar nature, but in no event less than reasonable care; and (iii) not disclose such information to any third party except to its employees, contractors, and advisors with a need to know who are bound by confidentiality obligations no less protective than those set forth herein.
• Confidential Information does not include information that (i) is or becomes publicly known through no fault of the receiving party; (ii) was rightfully known prior to disclosure; (iii) is independently developed without use of the disclosing party's information; or (iv) is rightfully obtained from a third party without confidentiality obligations.
• The receiving party may disclose Confidential Information to the extent required by law or court order, provided it gives the disclosing party prompt notice (where legally permitted) and reasonable cooperation to seek protective treatment.

• Unless you opt out in writing, WP Tango may identify you as a customer (using your name and logo) on its website, sales materials, and customer lists.
• Neither party may issue press releases or other public statements regarding the relationship without the other party's prior written consent, except as required by law.

• You consent to receive communications, notices, agreements, and disclosures from WP Tango electronically (including via email and the client portal), and you agree that all such electronic communications satisfy any legal requirement that they be in writing.
• You agree that clicking "I agree" (or any equivalent action), creating an Account, signing an Order Form via electronic signature, or paying an invoice constitutes your legally binding electronic signature under the U.S. ESIGN Act, UETA, and other equivalent laws.

Any provision of this Agreement that, by its nature, should survive termination or expiration shall survive, including without limitation the sections relating to fees owed, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, time-bar, survival, and acknowledgment.

• The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, fiduciary, or employment relationship between the parties.
• This Agreement does not create any rights in, or remedies of, any third party (including end users of your sites). There are no intended third-party beneficiaries to this Agreement.

Notices to WP Tango must be sent to the contact information below and will be deemed given when received:

WP Tango LLC
Email: support@wptango.com

Notices to you may be provided via email to the primary contact on your Account; messages or banners in the client portal; or posting on our website.

• You may not assign or transfer this Agreement, in whole or in part, without WP Tango's prior written consent.
• WP Tango may assign this Agreement or subcontract elements of the Services to third parties, including affiliates and infrastructure providers, without your consent, provided that WP Tango remains responsible for the performance of its obligations under this Agreement.

• If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of that right or provision.
• Section headings are for convenience only and shall not affect the interpretation of this Agreement.

• This Agreement, together with any referenced documents and Order(s), constitutes the entire agreement between you and WP Tango regarding the Services and supersedes all prior agreements, proposals, or communications (written or oral).
• WP Tango may update or modify this Agreement from time to time. Material changes will be communicated via email and/or the client portal.
• Your continued use of the Services after the effective date of any revised Terms constitutes your acceptance of the modified Agreement. If you do not agree to the updated Terms, you must stop using the Services.

BY CREATING AN ACCOUNT, SIGNING AN ORDER, PAYING AN INVOICE, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT:

• YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
• YOU ACCEPT THAT WP TANGO'S BACKUP SERVICES ARE A CONVENIENCE ONLY AND DO NOT ELIMINATE YOUR DUTY TO MAINTAIN INDEPENDENT BACKUPS.
• YOU ACCEPT THE ALLOCATION OF RISK AND LIMITATION OF LIABILITY SET FORTH HEREIN AS A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND WP TANGO.
• YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY SERVICE-RELATED ISSUES ARE LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.