OWNERSHIP OF SYSTEM:

During the period of time CLIENT USER pays the monthly fee required for use of MASSAGE PIXELS PLATFORM, CLIENT USER has non-exclusive use to the MASSAGE PIXELS PLATFORM. The MASSAGE PIXELS PLATFORM remains the sole property of ILLUMIFY. All content and materials of the CLIENT USER loaded into and used in the MASSAGE PIXELS PLATFORM are exclusively the property of CLIENT USER.

All MASSAGE PIXELS PLATFORM components, settings, configurations, integrationsand set up are developed as a trade secret of ILLUMIFY and ILLUMIFY is under no obligation to reveal said strategies or tactics under the terms of this agreement. If at any time CLIENT USER chooses to discontinue use of MASSAGE PIXELS PLATFORM, ILLUMIFY retains all rights to exclusive ownership of all components, settings, configurations, integrations and set up.

ILLUMIFY is providing web hosting for the MASSAGE PIXELS PLATFORM and retains full ownership of the web hosting account. The hosting will be provided through ILLUMIFY’s system. As included with the base price of the MASSAGE PIXELS PLATFORM.

WARRANTIES AND LIABILITY OF ILLUMIFY:

In performing the work under this Agreement, ILLUMIFY shall only use authorized materials in the content created for the CLIENT USER, and shall not use the copyrighted works of third parties unless the ILLUMIFY has obtained the necessary written permission from the copyright owner and provides such evidence of permission to CLIENT USER. ILLUMIFY shall indemnify and hold CLIENT USER harmless from liability that CLIENT USER is exposed to as a result of ILLUMIFY knowingly performing an illegal act while performing the work under this Agreement, or by the ILLUMIFY intentionally including the copyrighted materials of third parties in the work produced for the CLIENT USER. Other than these provisions and obligations stated herein, there are no other warranties being made by ILLUMIFY to CLIENT USER that the marketing platform and the work produced by ILLUMIFY for CLIENT USER will produce any particular result. CLIENT USER acknowledges that its use of the work produced by the ILLUMIFY at its own risk, and that the work may or may not result in increased sales or other benefits for CLIENT USER.

WARRANTIES AND LIABILITY OF CLIENT USER:

Except for liability scenarios where ILLUMIFY owes a duty to indemnify CLIENT USER as described herein, the CLIENT USER shall indemnify and hold ILLUMIFY harmless from any and all liability resulting from CLIENT USER’S use of the work produced by ILLUMIFY under this Agreement.