TERMS OF SERVICE

Thank you for choosing our services offered by Percentage Consulting Co., Ltd., a Thailand company having offices in 90/5 Moo 2, Chaofah West Rd, Wichit, Mueang, 83000 Phuket.

We provide a “Platform” (The Percentage App) that encompasses a variety of services, including accounting interfaces, wifi interfaces, booking engines, any accompanying documentation, and any updates to such software or documentation (collectively, “Software”).

Percentage Consulting Co., Ltd is referred to in these provisions as “Percentage Consulting Co., Ltd.” or simply “Percentage Consulting” or “us.”

If you are an individual acting on your company’s or client’s behalf, you accept these provisions on their behalf and the term “you” will refer to you, your company, or your client.

You need to agree to these terms to use The Percentage App. By using The Percentage App, you are instructing us to share your data across our Platform for marketing, eligibility, and other purposes described in our Privacy Policy, consistent with applicable law.

To access and/or use The Percentage App, you acknowledge and agree:

• To the terms and conditions of this agreement (“Agreement”), which includes: Percentage Consulting’s Privacy Policy;

• The current version of the terms set out in Section A and Section B;

• Any additional provisions and conditions provided separately to you for your use of The Percentage App, which may include terms and conditions from third parties (which we refer to as “Additional Terms”);

• You are at least 18 years of age;

• You are capable of forming a binding contract with Percentage Consulting;

We want to be transparent about how we use personal information and about your rights in our Privacy Policy. You should only provide us with personal information of others if you have received permission to do so.

You agree that Percentage Consulting may use and maintain your personal information according to Percentage Consulting’s Privacy Policy and any changes published by Percentage Consulting.

To the extent we allow you to input personal information (as the term is defined under applicable law) about other individuals other than yourself, you represent and warrant that you have complied with all applicable laws and received the proper authority or consent to allow us to collect and process such information to operate our business, in accordance with our Privacy Policy.

You can use our Platform for your own lawful use or as otherwise permitted under this Agreement.

Except as set forth in the Section B terms, you may access and use The Percentage App for your own internal, lawful and non- commercial purposes only.

You will provide accurate, up-to-date account information and securely manage such information.

You may need to sign up for an account to use The Percentage App. We may need to verify your identity and you authorize us to collect information (e.g., name, address) from you to do so (collectively, with all information requested to enable your account, “Account Information”). You will provide accurate, up-to-date Account Information, and we disclaim any liability arising from your failure to do so. Such failure may further limit your ability to use The Percentage App and affect The Percentage App's accuracy and effectiveness.

You are responsible for securely managing your Account Information, including any password(s) for The Percentage App. You will notify us immediately if you believe that your Account Information to access The Percentage App has been stolen or that someone is using your account without your permission.

Some Services may be free, others may have costs associated. For those with costs, we may charge your payment method for fees or on a subscription basis. You may cancel your subscription at any time (but you are not eligible for a refund).

We may require payment of fees or a subscription charge for use of The Percentage App (or certain portions of The Percentage App) and you agree to pay such fees. If you registered for a trial, you may need to purchase The Percentage App before the trial ends in order to retain access to any content provided to, or created through, The Percentage App.

Payments will be billed in U.S. dollars, or other currencies which may be made available, as shown in the product ordering and subscription terms. Your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services., and your account will be charged upon purchase and when you provide your payment information, unless stated otherwise in applicable payment provisions. If your payment information is not accurate, current, and complete, we may suspend or terminate your account. If you do not notify us of updates to your payment information, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

You agree you may receive payment receipts or invoices for the Services in an electronic form.

In the event that any payments, price and/or amount payable by you to Percentage Consulting is subject to (i) any withholding or similar tax; or (ii) any tax (including without limitation VAT and GST) or other tax or levy not collected by Percentage Consulting Co., Ltd.; or (iii) any other tax or other government levy of whatever nature, the full amount of that tax or levy shall be solely your responsibility, and shall not reduce the amount to which Percentage Consulting Co., Ltd. is entitled under this Agreement. You agree to indemnify and hold Percentage Consulting Co., Ltd. harmless against any and all claims by any competent tax authority related to any such withholding or similar taxes, and any penalties and/or interest thereon.

Consulting Co., Ltd. may change the price for recurring subscription fees from time to time with notice to you. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with the price change, you may unsubscribe prior to the price change going into effect.

Your payment to Percentage Consulting Co., Ltd. will automatically renew at the end of the applicable subscription period but you can cancel a subscription at any time. Subscription cancellations will take effect the day after the last day of the current subscription period. If you cancel in the middle of a subscription period, you will be able to continue to access and use the applicable Service until the end of your subscription period. We do not provide refunds or credits for any cancellations or partial subscription period.

You may have access to third-party products. Any such products are not covered under this Agreement.

Percentage Consulting is not in the business of providing legal, financial, accounting, tax, health care, insurance, real estate or other professional service or advice, and you should consult with professionals for advice prior to making important decisions in these areas.

The Percentage App may also include information about or offers for third-party services or products or allow you to connect your account to or otherwise access third-party services or products. Percentage Consulting Co., Ltd. does not warrant, and is not responsible for, such third party services and products or claims made about them, or the actions or inactions of any third party. You must review and comply with any Additional Terms. Percentage Consulting Co., Ltd. may be compensated by those third parties, which could impact whether, how and where the services and products are displayed.

What’s yours remains yours, what’s ours remains ours, but we may use information you provide to improve our Platform.

You are solely responsible for anything you write, submit, receive, share and store or any data you input into The Percentage App (collectively, your “Content”). Content includes, but is not limited to, data, information, materials, text, graphics, images, audio, video that are uploaded, transmitted, posted, generated, stored, or otherwise made available through The Percentage App. You have no obligation to provide any content to The Percentage App, and you’re free to choose the content that you want to provide. You acknowledge certain functionality in The Percentage App may be dependent on the provision of Content and may not be available without such Content.

Your Content remains yours, which means that you retain any intellectual property rights that you have in your Content. By sharing your Content on The Percentage App, you hereby grant Percentage Consulting a license to use your Content, as described in more detail below.

1. What's covered
This license covers your Content to the extent your Content is protected by intellectual property rights.

2. Scope
This license is:
Worldwide, which means it’s valid anywhere in the world;
Non-exclusive, which means you can license your Content to others; and Royalty-free, which means there are no fees for this license

3. Rights
This license allows Percentage Consulting to:
Host, reproduce, distribute, communicate, sublicense and use your Content — for example, to save your Content on our systems and make it accessible from anywhere you go;
Publish or publicly display your Content, if you’ve made it visible to others; and Modify and create derivative works based on your Content, such as reformatting or translating it

4. Purpose
This license is for the limited purpose of:
Operating, providing and improving The Percentage App, which means allowing The Percentage App to work as designed and creating new features and functionalities.

5. Duration
This license lasts for as long as your Content is protected by intellectual property rights.
Percentage Consulting may collect, derive or generate deidentified and/or aggregated data regarding your usage of or the performance of The Percentage App, including data derived from your Content. Percentage Consulting will own all such data and may use this data without restriction, including, but not limited to, operating, analyzing, improving, or marketing Percentage Consulting’s products and services, including The Percentage App.

As between you and Percentage Consulting , Percentage Consulting and its licensors retain all right, title or interest in and to The Percentage App, except for the rights granted to you.

We expect you to obey the law and follow certain rules in using The Percentage App.

Percentage Consulting does not condone or support any activity that is illegal, violates the rights of others, harms or damages Percentage Consulting’s reputation, or could cause Percentage Consulting to be liable to a third party.

At minimum, you may not use The Percentage App to:

• Violate any law, regulation, executive order or ordinance, including through actions that give rise to criminal, civil, administrative or regulatory liability and/or fines;
• Post, generate, or share Content that is or may be illegal or inappropriate, including material that may be defamatory, obscene, harassing, offensive, fraudulent, objectionable, false or misleading, or infringing;
• Transmit any virus, trojan horse, or other disruptive or
• harmful software or data; Send any unsolicited or unauthorized advertising, such as spam;
• Impersonate or misrepresent your affiliation with Percentage Consulting;
• Reproduce, modify, resell, license, or provide free or unauthorized access to The Percentage App or make The Percentage App available on any file-sharing, virtual desktop or application hosting service;
• Attempt to reverse engineer, decompile or disassemble in any way any of The Percentage App;
• Engage in unauthorized access, monitoring, interference with, or use of The Percentage App or third party accounts, information (including personal information), computers, systems or networks, including scraping or downloading content that doesn’t belong to you;
• Use The Percentage App for general archiving or back-up purposes; or
• Encourage or enable any other individual to do any of the above or otherwise violate this Agreement.

We take copyright seriously at Percentage Consulting. We respect the copyrights of others and expect you to do the same. If you repeatedly infringe the copyrights of others, we may terminate your account.

Percentage Consulting may terminate your use of The Percentage App based on our reasonable suspicion that your activities, business or products are objectionable or promote, support or engage in any of the prohibited uses described above.

Percentage Consulting may (but has no obligation to) monitor the use of The Percentage App or Content and may edit or remove any Content. We may disclose any information necessary to satisfy our legal obligations, protect Percentage Consulting or its customers, or operate The Percentage App properly.

We may use Chatbots to optimize your experience. These technologies are evolving and may have limitations.

When you use The Percentage App, you may use or interact with automated features like chatbots, digital assistants, conversational experiences powered by artificial intelligence, or similar technologies (“Chatbots”). Information generated by Chatbots may not be unique.

While Chatbots are designed to improve your experience, these technologies are evolving and may have limitations such as generating outputs that are inaccurate or inappropriate to your situation.

You may cancel your account and Percentage Consulting may suspend or terminate your use of The Percentage App.

This Agreement is effective until your subscription expires or you cancel your account or Percentage Consulting terminates this Agreement (or your account). Percentage Consulting may terminate this Agreement (and your account) or suspend The Percentage App at any time in our discretion.

If you want to cancel your subscription for a Service, please send a clear request via email to support@thepercentageapp.com. If you wish to delete your data from a Service, please log into The Percentage App and follow the instructions under the respective data and privacy settings or follow the instructions in our Privacy Policy.

You must stop using The Percentage App once your subscription expires or you cancel your account (or if this Agreement or your account is terminated).

Upon expiration of your subscription or cancellation of your account, or Percentage Consulting’s termination of your account or this Agreement, you must immediately stop using The Percentage App and pay all fees for Platform used. No expiration or termination will affect your obligation to pay all fees due or that may have accrued through the effective date of expiration or termination or entitle you to any refund.

There are a few parts of this Agreement that will continue to apply after termination.

The following Sections will survive any termination, discontinuation or cancellation of The Percentage App or your account: “Your Personal Information”, “Payment and Cancellations” (with respect to fees due and unpaid), “Content and Data” , “Effect of Termination”, “Disclaimers”, “Limitation of Liability” ,“Indemnity Obligations”, “Disputes” ,and “General Terms (Miscellaneous)”.

We may contact you from time to time to support your use of The Percentage App.

In order to properly support and serve you, we occasionally need to reach out and contact you, and may do so in a variety of ways such as via text message, email or messaging functionality in The Percentage App. We want to provide you options for receiving communications from us, and as such you may opt-in or opt-out of receiving certain types of communications from us or sign up to receive certain kinds of messages from us, depending on The Percentage App. You will need to notify us of any changes to your contact details to ensure your preferences are updated.

You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Percentage Consulting may use your telephone number for two-factor authentication (“2FA”), to confirm your identity and help protect the security of your account. Part of the 2FA identity verification process may involve Percentage Consulting sending text messages containing security codes to your telephone number. You agree to receive these texts from Percentage Consulting containing security codes as part of the 2FA process. In addition, you agree that Percentage Consulting may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.

Percentage Consulting Co., Ltd. is not responsible for any account information obtained from third parties.

When you direct Percentage Consulting to retrieve your account information from third parties, you authorize and permit us to use and store that information and other information you submit through The Percentage App (such as usernames and passwords) for purposes of providing The Percentage App and Services to you. You grant Percentage Consulting a limited power of attorney to access those accounts and retrieve your account information, without additional notice to you. Percentage Consulting will be acting as your agent and will not be acting on behalf of the third party.

Percentage Consulting does not review third party account information for accuracy and is not responsible for any issues or expenses resulting from such account information, including any inaccuracy, error, delay, or non-delivery. For clarity, Percentage Consulting is not responsible for any payment processing errors or fees arising from inaccurate account information provided by third parties.

We don’t make any warranties about The Percentage App except as expressly stated in this Agreement.

The only warranties we make about The Percentage App are (1) stated in this Agreement, or (2) as provided under applicable laws. The Percentage App is otherwise provided “as-is,” and we do not make any other warranties about The Percentage App. Unless required by law, we do not provide implied warranties, such as the implied warranties of merchant-ability, fitness for a particular purpose, or non-infringement. We do not warrant that The Percentage App is error-free, secure, or free from any viruses or other harmful components. We also do not provide any warranties with respect to data loss or to the accuracy, reliability, or availability of The Percentage App, nor of any content (including any Content) or information made available in The Percentage App. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to thirty (30) days from the date of purchase or delivery of The Percentage App, whichever is sooner.

Our liability is limited when it comes to issues you may encounter with our Platform.

Other than the rights and responsibilities described in this Agreement and as allowed by applicable law, Percentage Consulting won’t be responsible for any losses.

The total aggregate liability of Percentage Consulting arising out of or relating to this Agreement is limited to the greater of: (1) the fees that you paid to use the relevant Service(s) in the 1 month before the breach or (2) $20.

The Percentage Consulting won’t be responsible for the following:

Loss of data, profits, revenues, business opportunities, goodwill or
anticipated savings; Indirect, incidental, or consequential loss;
Punitive damages; or
Damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, viruses, or spyware.

The above limitations apply even if the Percentage Consulting have been advised of the possibility of such damages. This Agreement sets forth your exclusive remedy with respect to The Percentage App and its use.

If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under this Agreement.

If someone sues us because you used The Percentage App unlawfully or didn’t follow our rules, you will be responsible for any harm to us.

You will indemnify and hold harmless the Percentage Consulting for any losses, damages, judgments, fines, costs and expenses (including legal fees) in connection with any claims arising out of or relating to your unlawful or unauthorized use of The Percentage App or violation of this Agreement. Percentage Consulting reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by Percentage Consulting in the defense of any claims.

In the world of SaaS, even with the best intentions, disagreements can sometimes arise. Whether it's a billing discrepancy, a service interruption, or a misunderstanding about features, it's important to have a clear path to resolution.

At Percentage Consulting, we value your business and your satisfaction. That's why we've established a straightforward dispute resolution process:

Communication is Key: If you have a concern, please reach out to our support team as soon as possible. We're here to listen and work with you towards a solution.

Thorough Investigation: We'll carefully review your issue, gather all necessary information, and keep you informed of our progress.

Fair and Timely Resolution: Our goal is to resolve disputes quickly and equitably. We'll work diligently to find a solution that addresses your concerns and ensures your continued success with our service.

Escalation Options: If for any reason you're not satisfied with the initial resolution, you can escalate your concern to a higher level within our support team. We're committed to finding a path forward that works for everyone.

We understand that disputes can be frustrating, but we believe in open communication and collaboration. By working together, we can overcome challenges and maintain a positive, productive relationship.

If you have any questions about our dispute resolution process, please don't hesitate to contact us: support@thepercentageapp.com.

Remember: Your success is our success. We're here to support you every step of the way.

General Terms (Miscellaneous)
This Agreement, including any Section B terms, is the entire agreement between you and Percentage Consulting and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter.

Governing Law
The laws of Thailand govern this Agreement and any disputes that may arise.

If we waive some of our rights under this Agreement, it doesn’t mean we waive our rights in other circumstances.

Percentage Consulting’s failure to act or enforce any of its rights does not constitute a waiver of any of our rights. Any waiver by Percentage Consulting of any of the provisions in the Agreement must be made in writing and signed by a duly authorized officer of Percentage Consulting.

You can’t transfer this Agreement or your right to use The Percentage App to someone else without our permission.

Percentage Consulting may assign or transfer this Agreement to any party at any time without notice to you. You may not assign your rights under this Agreement, by operation of law or otherwise, without our consent. Any attempts to do so without our consent will be void.

If a court voids a term of this Agreement, the other terms will not be affected.

If any provision of this Agreement is unlawful, void, or unenforceable for any reason, then that provision will be severed and the remaining provisions will remain in full force and effect.

If you have any questions about The Percentage App or this Agreement, please contact Percentage Consulting support: support@thepercentageapp.com.

Each of the following products and services are referred to in this agreement as "Service" and together as “Services”:

• Cloudbeds To Quickbooks
• Cloudbeds to Xero
• Cloudbeds Offline Accounting
• Cloudbeds AR tracking
• Lightspeed to Quickbooks
• Poster to Quickbooks
• Cloudbeds to Mikrotik Wifi
• The Hotel Booking Engine
• The Hostel Booking Engine
• The Package Booking Engine
• The Upsell Addon

1.1 Modification to Services. We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator’s (as defined below) email address. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.

2.1 Types of Users. The Services does not allow to create different types of access and user rights

3.1. Payment for Services.

The Services are licensed on a monthly subscription basis to the User that pays for the Service. Please review all of the details of the subscription that you purchase; some subscriptions provide access to one Service and others provide access to more than one Service.

3.2. Subscription Cancellation.

The Administrator may notify us if he or she wants to cancel the subscription prior the beginning of the new subscription period. In the event that Percentage Consulting is unable to charge a User’s chosen payment method in accordance with this Agreement, we may terminate this Agreement and access to the Services immediately, without notice. If you stop using the Services, Percentage Consulting has fulfilled your subscription term. Fees for the Services are not eligible for any proration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated. After your access to the Services is terminated, you may no longer have access to any of the data or Content in the Services. We suggest you retain your own copies of any data or Content that you may need as Percentage Consulting is not responsible for providing you with access to your Content or the Services after any cancellation or termination of this Agreement.

You acknowledge and agree that in order to provide you with access to and use of the Services, Percentage Consulting may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the "Current Administrator"), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by Percentage Consulting to effectuate such replacement. Any other person You identified as an authorized user of the Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.

5.1 The terms "Controller," "Processor," "data subject," "personal data (also referred to as Personal Information in the Agreement)" and "processing" (and "process") shall have the meanings given in the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation).

5.2 GDPR. Sections 5.3 to 5.5 apply as follows:

(a) if you are established in the European Economic Area, then Sections 5.3 to 5.5 will apply;
(b) if you are established outside the European Economic Area but are subject to the GDPR due to your processing of the Shared Data (as defined in Section 5.3), then Sections 5.3 to 5.5 will apply but only regarding the Shared Data that makes you subject to the GDPR;
(c) if you are established outside the European Economic Area and are not subject to the GDPR, then Sections 5.3 to 5.5 will not apply.

5.3 Shared Data. "Shared Data" means personal data about anyone that is provided by you to us under this Agreement, but excluding personal data about you if you have entered into this Agreement as an individual. You further acknowledge and agree that Percentage Consulting Co., Ltd. may provide data in your account to any Additional Users to which that data is applicable or personal to you.

5.4 Public Content.

As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data ("Account Content") with other Users, other Percentage Consulting customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not Percentage Consulting , for information and guidance purposes only, and Percentage Consulting Co., Ltd. and such User are not responsible in any way for your use the Account Content.

5.5 Standard Contractual Clauses.

The Standard Contractual Clauses in Annex 1 are part of this Agreement with you as a “data exporter” and us as a “data importer”. If a conflict occurs between the Standard Contractual Clauses and other provisions in this Agreement the Standard Contractual Clauses will prevail.

You may have the option for Percentage Consulting to transfer your data files from the Services in order to facilitate certain interoperability, data integration, and data access between the Services and certain supported ancillary services (the "Ancillary Services") you may sign up for and use in connection with the Services (the "Online Data Transfer"). In order for you to select the Online Data Transfer option, you must (i) have registered select versions of the Services, (ii) have Internet access, (iii) have an active subscription to the Services; and (iv) and may need to be an active subscriber to the Ancillary Services. If you select the Online Data Transfer option, a copy of all or part of your company data files will be transferred via the Internet to Percentage Consulting’s servers; where you grant Percentage Consulting the right and license to (i) host and maintain your data, (ii) use and transfer your data to the Ancillary Services and (iii) reformat and manipulate your data as reasonably necessary for the data to function with the Ancillary Services. Your original data files will remain in the Services. If you sign up for any Ancillary Services that support Online Data Transfer, you will have the option to request that Percentage Consulting send your data to any of those supported Ancillary Services. If a supported Ancillary Service is provided by a third party, you authorize Percentage Consulting to transfer your data to and from the third party provider to enable provision of the Ancillary Services to you. Percentage Consulting will support and maintain the data transfer service as part of the Services. You agree that the third party provider may transfer your data from the Ancillary Service to Percentage Consulting, and that, Percentage Consulting may use such data subject to the terms of this Agreement. You agree and acknowledge that Percentage Consulting has no control over any third party provider or any third party Ancillary Services. Your use of the Ancillary Service is subject to additional third party terms and conditions. Please carefully review their terms and conditions, including privacy policy. If you do not agree with their terms and policies, you should not use or access the third party Ancillary Service and you should not authorize the Online Data Transfer to the third party Ancillary Service.

Percentage Consulting shall have the right, in its sole discretion and with reasonable notice posted on an Percentage Consulting website and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the Services and establish or change limits concerning use of the Services, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Services at any time, and (ii) the number of times (and the maximum duration for which) you may access the Services in a given period of time. Percentage Consulting reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes. Percentage Consulting may, from time to time, perform maintenance upon the Services resulting in interrupted service, delays or errors in the Services. Percentage Consulting will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.

7.1 Disclaimer of Relationship. Except as described in this Agreement, nothing in these Terms or otherwise with respect to your participation in any Services establishes any relationship between you and Percentage Consulting. You agree not to misrepresent your relationship with Percentage Consulting or your level of skill and knowledge related thereto.

If a person contacts Percentage Consulting and requests that he or she should be designated as the Administrator of an account that permits Administrators for any reason (including, but not limited to, due to the death or departure of the registered Administrator, a change in your ownership, etc.), but has not been designated by the current Administrator as a replacement Administrator, Percentage Consulting reserves the right to determine, in its sole discretion, and without notice to you, whether that person should be designated as the Administrator.

Disputes sometimes arise between or among multiple persons concerning the right to be designated as the Administrator (including, but not limited to, in the event of a dispute between your owners, etc.). In that instance, Percentage Consulting reserves the right to determine, in its sole judgment, and without notice to you, whom should be designated as the Administrator. However, Percentage Consulting may be unable, and is not obligated, to resolve any such disputes. If, in Percentage Consulting’s sole discretion, Percentage Consulting attempts, but concludes that it is unable, to determine whom should be designated as the Administrator, Percentage Consulting reserves all rights, including, but not limited to, the right to suspend or terminate your account and use of the Services, and/or require a court order to determine the rightful Administrator.