Terms of Service Agreement

Effective Date: 04/29/2026

1. Acceptance of Terms

These Terms of Service Agreement (the “Terms” or “TOS”) form a legally binding agreement between you and EZ-CAPSS.COM, also known as EZ-CAPSS (“EZ-CAPSS,” “Company,” “we,” “us,” or “our”), located at PO Box 5867, Buena Park, California 90622.

These Terms govern your access to and use of the EZ-CAPSS website, including EZ-CAPSS.COM and any related webpages, software, applications, subscriptions, downloadable programs, support services, and related products or services offered by EZ-CAPSS (collectively, the “Service” or “Services”).

Any visitor, customer, subscriber, purchaser, or user of the Services is referred to as “you,” “user,” “member,” or “Customer.” If you use the Services on behalf of a business or organization, you represent that you have authority to bind that business or organization to these Terms.

2. Description of Services

EZ-CAPSS provides a software subscription solution for second-hand dealers and related businesses. The software is designed to help customers capture, manage, and maintain customer and item information as part of their business operations.

The Services may include website access, software subscriptions, downloadable software, updates, support, account management, payment processing, and related functionality.

EZ-CAPSS may, at its discretion, offer additional services, products, updates, modifications, or revisions. These Terms apply to all such services and updates unless separate written terms apply.

We reserve the right to modify, suspend, discontinue, or cease offering any part of the Services at any time, with or without notice, and without liability to you or any third party.

3. Local Data Storage Architecture

3.1 Customer Data Stored Locally

The EZ-CAPSS application is designed so that customer and item information entered into the application (“Customer Data”) is stored locally on the Customer’s device or Customer-controlled environment.

At this time, EZ-CAPSS does not retain, copy, host, or store Customer Data on EZ-CAPSS servers.

3.2 Customer Responsibility for Data

You are solely responsible for:

• Maintaining backups of Customer Data;
• Protecting and securing your devices, computers, networks, and user credentials;
• Maintaining the integrity and accuracy of Customer Data;
• Recovering Customer Data in the event of loss, corruption, deletion, theft, equipment failure, or unauthorized access; and
• Complying with all laws applicable to the collection, use, retention, and disclosure of Customer Data by your business.

3.3 No Responsibility for Data Loss

Because Customer Data is stored locally and controlled by you, EZ-CAPSS is not responsible or liable for any loss, corruption, deletion, compromise, unauthorized access, or inability to recover Customer Data, regardless of cause.

4. Eligibility and Registration

To register for or use the Services, you must be at least 18 years old and capable of entering into a legally binding contract.

When you register, you agree to provide factual, accurate, current, and complete information and to maintain and promptly update that information as necessary.

If you provide false, inaccurate, outdated, or incomplete information, EZ-CAPSS may suspend or terminate your account and refuse current or future use of the Services.

5. Member Account, Password, and Security

You are responsible for maintaining the confidentiality of your username, password, account credentials, devices, and systems. You are responsible for all activity that occurs under your account.

You agree to notify EZ-CAPSS immediately at support@ez-capss.com of any unauthorized access, unauthorized use, suspected compromise, or other security incident involving your account.

EZ-CAPSS shall not be liable for any loss or damage arising from your failure to maintain account, password, device, or system security.

6. Privacy Policy

Your use of the Services is also governed by the EZ-CAPSS Privacy Policy, available at [Insert Current Privacy Policy URL], which is incorporated into these Terms by reference.

By using the Services, you consent to the collection and use of information as described in the Privacy Policy.

7. Analytics and Usage Statistics

EZ-CAPSS may collect limited statistics and usage information for internal business, marketing, product improvement, performance monitoring, and operational analysis.

Such analytics are intended for EZ-CAPSS internal use and are not shared with outside entities for their independent marketing purposes. Analytics do not include Customer Data stored locally in the application.

8. Fees, Billing, and Payments

8.1 Subscription Plans

The Services may be offered through monthly subscription plans, annual subscription plans, invoices, purchase orders, or other arrangements approved by EZ-CAPSS.

8.2 Auto-Renewal

Unless otherwise stated in an applicable order, invoice, or written agreement, subscriptions automatically renew at the end of each billing cycle unless canceled before renewal.

You authorize EZ-CAPSS and its third-party payment processors to charge your selected payment method on a recurring basis for subscription fees, renewals, taxes, and other applicable charges.

8.3 Payment Methods

EZ-CAPSS may accept payment by:

• Credit or debit card processed through Stripe or another card processor;
• PayPal;
• Invoice or purchase order for approved customers; or
• Other payment methods approved by EZ-CAPSS.

8.4 Payment Processing

Payments are processed by third-party providers, including Stripe and PayPal. By submitting payment information or using a payment method, you agree to the applicable terms, policies, and privacy practices of the relevant payment processor.

EZ-CAPSS does not store full credit card numbers or complete financial account credentials on its servers.

8.5 Purchase Orders

Purchase orders are accepted for administrative convenience only. Any terms or conditions included in a purchase order or procurement document that conflict with or add to these Terms are rejected and shall have no effect unless expressly agreed to in a written agreement signed by EZ-CAPSS.

8.6 Taxes

Fees do not include taxes unless expressly stated. You are responsible for all applicable taxes, duties, assessments, and governmental charges associated with your purchase or use of the Services, excluding taxes based on EZ-CAPSS income.

8.7 Refund Policy

All fees are non-refundable except where required by law or expressly agreed in writing by EZ-CAPSS.

8.8 Failed Payments and Nonpayment

If payment fails or amounts remain unpaid, EZ-CAPSS may retry billing, suspend access, terminate access, decline renewal, or take other lawful collection actions. You remain responsible for all amounts owed.

8.9 Pricing Changes

EZ-CAPSS may change pricing, plans, or billing terms. Pricing changes will apply at renewal or as otherwise disclosed to you.

8.10 PayPal Disputes

If you make a payment using PayPal, you agree to contact EZ-CAPSS first to resolve any billing issue before initiating a PayPal dispute or claim.

You agree not to initiate a PayPal dispute that is inconsistent with these Terms, including the stated subscription, renewal, cancellation, and no-refund terms.

If a PayPal dispute is initiated, EZ-CAPSS may suspend or terminate access to the Services, provide PayPal with relevant information to contest the dispute, and recover fees, costs, penalties, or losses resulting from improper, abusive, or fraudulent disputes, to the extent permitted by law.

PayPal’s dispute process does not override your contractual obligations under these Terms.

8.11 Card Disputes and Chargebacks

If you make a payment by credit or debit card, including payments processed through Stripe, you agree to make a good-faith effort to contact EZ-CAPSS before initiating a chargeback or payment dispute with your card issuer or financial institution.

You agree not to initiate chargebacks that are inconsistent with these Terms, including the stated subscription, renewal, cancellation, and no-refund terms.

If a chargeback or card dispute is initiated, EZ-CAPSS may suspend or terminate access to the Services, provide the payment processor, issuing bank, or financial institution with documentation including account activity, billing records, IP logs, and evidence of acceptance of these Terms, and recover any fees, costs, penalties, or losses resulting from improper, abusive, or fraudulent disputes, to the extent permitted by law.

Repeated or abusive chargebacks may result in permanent termination and restriction from future use of the Services.

9. License Grant and Use of Software

Subject to your compliance with these Terms and payment of all applicable fees, EZ-CAPSS grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and object code version of the software solely for your internal business purposes.

Unless otherwise agreed in writing, the license is limited to authorized users, devices, subscription plans, or usage limits applicable to your account.

10. Restrictions on Use

You agree not to:

• Copy, reproduce, modify, adapt, translate, create derivative works from, or distribute the Services except as expressly permitted;
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Services;
• Sell, resell, rent, lease, sublicense, assign, or commercially exploit the Services except as expressly authorized by EZ-CAPSS;
• Bypass, disable, or interfere with security features or usage limitations;
• Use the Services to violate any law, regulation, third-party right, or contractual obligation;
• Upload, transmit, or introduce viruses, malware, harmful code, or other disruptive technologies;
• Interfere with or disrupt the Services, servers, networks, or related systems;
• Use automated systems, scraping, bots, or similar methods to access the Services without authorization; or
• Use the Services for fraudulent, deceptive, abusive, or unlawful purposes.

11. User Conduct and Customer Content

You are solely responsible for all information, data, text, software, photographs, messages, files, or other content that you enter, upload, transmit, maintain, or otherwise use in connection with the Services.

You agree not to use the Services to create, store, transmit, or process content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of privacy, infringing, deceptive, or otherwise objectionable.

EZ-CAPSS does not control Customer Data stored locally by you and does not guarantee the accuracy, integrity, quality, or legality of any Customer Data or user-provided content.

12. Security and Compliance

12.1 Security Program

EZ-CAPSS maintains commercially reasonable administrative, technical, and organizational safeguards designed to protect its systems and account-related information.

12.2 No SOC 2 Certification

EZ-CAPSS has not obtained SOC 2 certification at this time. However, EZ-CAPSS aims to align its security practices with generally accepted industry standards appropriate to the nature and scope of the Services.

12.3 Customer Security Responsibilities

Because Customer Data is stored locally, you are responsible for device security, backups, access controls, passwords, malware protection, physical security, and internal compliance procedures.

12.4 No Security Guarantee

No system, software, network, or device can be guaranteed to be completely secure. EZ-CAPSS does not warrant that the Services will be free from unauthorized access, interruption, vulnerability, or security incidents.

13. Export, Sanctions, and Legal Compliance

You agree to comply with all applicable local, state, federal, national, and international laws and regulations, including U.S. export control laws, import laws, and sanctions regulations.

You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. government restricted party list.

You agree not to use, export, re-export, transfer, or make available the Services in violation of applicable export, import, sanctions, or anti-terrorism laws.

14. Intellectual Property and Proprietary Rights

The Services, software, website, content, design, trademarks, logos, trade names, service marks, features, functionality, and related intellectual property are owned by EZ-CAPSS or its licensors and are protected by copyright, trademark, patent, trade secret, and other laws.

Except for the limited license expressly granted in these Terms, no rights, title, or interest in or to the Services are transferred to you.

You agree not to use the EZ-CAPSS name, logo, trademarks, or brand features without prior written consent.

15. Feedback and Contributions

If you submit ideas, suggestions, improvements, documents, proposals, feedback, or other contributions regarding the Services (“Feedback”), you agree that such Feedback is not confidential and may be used by EZ-CAPSS without restriction, compensation, attribution, or obligation to you.

16. Third-Party Services, Advertisers, and Links

The Services or Site may include links to third-party websites, resources, providers, payment processors, advertisers, or services. EZ-CAPSS is not responsible for the availability, content, products, services, policies, practices, or conduct of third parties.

Your dealings with third parties are solely between you and the third party. EZ-CAPSS is not liable for any loss or damage arising from third-party websites, services, payment processors, advertisers, or resources.

17. Modifications to Services

EZ-CAPSS may modify, alter, suspend, discontinue, or update the Services, in whole or in part, at any time with or without notice. EZ-CAPSS shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

18. Termination

You may request cancellation or termination of your account by contacting support@ez-capss.com.

EZ-CAPSS may suspend, terminate, discontinue, or limit your account or access to the Services at any time, with or without notice, including for:

• Violation of these Terms or other applicable agreements;
• Nonpayment of fees;
• Fraudulent, abusive, or illegal activity;
• Security or technical issues;
• Requests from law enforcement or government agencies;
• Discontinuance or modification of the Services; or
• Extended inactivity.

Upon termination, your right to use the Services ends immediately. EZ-CAPSS has no obligation to retain, recover, export, restore, or provide Customer Data stored locally on your systems or devices.

19. Warranty Disclaimer

YOUR USE OF THE SERVICES AND SOFTWARE IS AT YOUR SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EZ-CAPSS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, AVAILABILITY, AND ERROR-FREE OPERATION.

EZ-CAPSS DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE, OR RELIABLE, OR THAT ERRORS WILL BE CORRECTED.

ANY INFORMATION, MATERIAL, SOFTWARE, OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS ACCESSED AT YOUR DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, SYSTEM, NETWORK, OR DATA LOSS RESULTING FROM SUCH USE.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EZ-CAPSS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, DATA CORRUPTION, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EZ-CAPSS’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO EZ-CAPSS FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Some jurisdictions do not allow certain limitations or exclusions of liability, so some limitations may not apply to you.

21. Indemnity

You agree to indemnify, defend, and hold harmless EZ-CAPSS, its subsidiaries, affiliates, agents, employees, officers, directors, partners, licensors, and service providers from and against any claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Your use of the Services;
• Your Customer Data, content, business records, or business operations;
• Your violation of these Terms;
• Your violation of applicable law;
• Your violation of any rights of another person or entity; or
• Any dispute involving your customers, employees, users, or third parties.

22. Release

If you have a dispute with any third party relating to your use of the Services, you release EZ-CAPSS and its officers, directors, employees, agents, affiliates, partners, licensors, and service providers from claims, demands, and damages of every kind and nature, known and unknown, arising out of or connected with such dispute.

23. Copyright and Intellectual Property Infringement Claims

EZ-CAPSS respects the intellectual property rights of others. If you believe your copyright or intellectual property rights have been violated, please provide the following information:

• The electronic or physical signature of the person authorized to act on behalf of the owner;
• A description of the copyrighted work or intellectual property allegedly infringed;
• A description of the location where the allegedly infringing material is located;
• Your physical address, telephone number, and email address;
• A statement that you have a good-faith belief that the disputed use is not authorized by the owner, agent, or law; and
• A statement, made under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on behalf of the owner.

The EZ-CAPSS agent for notices of copyright or intellectual property infringement may be contacted at:

24. Notices

EZ-CAPSS may provide notices by email, regular mail, postings on the Site, account notifications, text message, or other reasonable means. You are responsible for maintaining accurate contact information.

25. Dispute Resolution, Governing Law, and Venue

25.1 Informal Resolution

Before filing a claim, you agree to contact EZ-CAPSS at support@ez-capss.com and attempt to resolve the dispute informally.

25.2 Binding Arbitration

Except where prohibited by law or for claims that may be brought in small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration on an individual basis.

25.3 Class Action Waiver

You and EZ-CAPSS agree that disputes shall be resolved only on an individual basis and not as a class, consolidated, collective, or representative action.

25.4 Governing Law

These Terms and the relationship between you and EZ-CAPSS shall be governed by the laws of the State of California, without regard to conflict of law principles.

25.5 Court Venue

For disputes not subject to arbitration, you and EZ-CAPSS agree to submit to the personal jurisdiction and venue of the state or federal courts located in Orange County, California.

26. Statute of Limitations

To the maximum extent permitted by law, any claim or cause of action arising out of or related to the Services or these Terms must be filed within one (1) year after the claim arose, or it is forever barred.

27. No Third-Party Beneficiaries

Unless expressly stated, there are no third-party beneficiaries to these Terms.

28. Assignment and Non-Transferability

Your account and rights under these Terms are personal to you and may not be transferred or assigned without EZ-CAPSS’s written consent. EZ-CAPSS may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

29. Waiver and Severability

If EZ-CAPSS fails to exercise or enforce any right or provision of these Terms, such failure shall not constitute a waiver. If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

30. Entire Agreement

These Terms, together with the Privacy Policy and any applicable order, invoice, signed agreement, or incorporated policy, constitute the entire agreement between you and EZ-CAPSS regarding the Services and supersede prior agreements regarding the Services.

31. Changes to Terms

EZ-CAPSS may update these Terms from time to time. Updated Terms may be posted on the Site or otherwise provided to you. Continued use of the Services after updates become effective constitutes acceptance of the revised Terms.

32. Contact and Violation Reporting

Please report violations of these Terms or contact EZ-CAPSS at: