Use of the Producepak app constitutes agreement to our EULA (End User License Agreement)
Producepak Pty Ltd
1178 Broadway, 3rd Floor, New York NY 10001 USA17 Gould Road, Suite 1751, Herston QLD 4006 AU
Producepak Pty Ltd, Software Development Policy (v9.0)
What is software development? Software is complicated and unpredictable; something that should take 10 minutes can take 10 days sometimes. If you ask for any change, addition, or modification to the app, that will require software development. The expert specialized labor that provides this work is billed to clients using an hourly rate, and is provided by sub-contracted development teams. These teams require advance payment for their work, we will not pay the contractor until after you pay us so we know you are serious about your request. Our hourly rate for software development is $150 to $200 for development, design, testing, deployment, and documentation.
We do not offer free software development services. What is an hourly rate? It’s a rate charged in 30 minute periods or part thereof for the time taken by PRODUCEPAK PTY LTD team member or subcontractor engaged in performing analysis, development, design, testing, updating, deployment or documentation in relation to a change or feature you have requested, and also changes that we must make as a result of us implementing a related feature you have requested or anything that broke as a result of your request.
Is there a warranty? No. It’s an hourly rate. Hours X rate = cost. No warranty is offered or implied. This service is measured by time taken, not by deliverables (unless otherwise stated on your invoice).
You break it, you pay for it. If you ask for a modification, and that results directly in a new bug, you are paying for that bug to be fixed as well. If you don’t like this policy, please don’t ask for changes to software. Making a change to software is almost guaranteed to result in new bugs.
Can I have an estimate? Certainly, however, be advised that estimates are always very rough. Software development is hard to predict with significant accuracy – estimations of time required could be over/under the actual effort required by a significant amount. Note that an estimation from PRODUCEPAK PTY LTD is not a quote, and is not a fixed price.
I paid for support & annual fees, why do I have to pay for software development? Your annual support fees are for the ability to communicate support issues with your consultant or PRODUCEPAK PTY LTD support center, hosting of your solution, security, data backups, and infrastructure administration, maintenance of the source code for previous special requests/changes you have previously requested (these need continuous work, a ‘change’ isn’t performed once then forgotten about, it requires continual on-going maintenance) and do not cover any additional software development, design, and testing services.
Maintenance of your new feature/modifications Our development rate doesn’t take into account the long term costs to PRODUCEPAK PTY LTD, that is, when we build something for you, we will have to continually maintain, and modify that feature to keep it working (such is the reality of software) – this is taken into account by your annual subscription fees, any additions to the software you make will count toward the calculation of your annual support fees by adding 35% of the cost of development to your annual fees.
I think everything I can possibly imagine that I want in the software, that doesn’t exist now, is a bug! Wanting a feature that doesn’t exist in software is not a bug. Its simply something you want that doesn’t exist presently. There is literally an unlimited amount of things you can want in a software solution, it is unrealistic that any software magically does all of these things, or does them exactly the way you want it to. If we find or receive a bug report, we may fix if it is critically severe and stops your businesses operations, or we may never fix it if its not effecting many users or has no critical impact on business operations, or we may delete the feature altogether if few companies use it. It can cost us thousands of dollars to fix a simple bug, so anything that isn’t critical will not be resolved quickly, if ever, as it may be unfeasible to do so. What is software maintenance? When software code is written, it needs to be maintained over time, even if you don’t ask for it to be changed or modified, your prior requests continue to require maintenance. If you add additional functionality or features to your software, the cost of this maintenance will be calculated at a percentage (usually 35%, check your purchase/invoice agreement) in subsequent years for Producepak Pty Ltd teams to maintain the code that was developed for your company, even if no further changes are requested. Policy for refunds We will not provide a refund for anything under any circumstances. PRODUCEPAK PTY LTD is a service based company; we sell the time of our consultants, not a physical product that can be restocked and resold. Costs As of 2022, the minimum cost of an annual subscription to Producepak is $6200 USD per year (this was increased from $5400). Producepak Pty Ltd (PRODUCEPAK PTY LTD), Privacy Policy V6 – Cloud users 1. PRODUCEPAK PTY LTD does not and will not sell your data to any company under any circumstances. 2. PRODUCEPAK PTY LTD does not use Google Analytics or any other tracking software that spies on you and sells that data to other companies (we do use Cloudflare Security to track security issues) 3. All employees and contractors working within the Producepak Pty Ltd group have non-disclosure agreements relating to our client’s data. 4. All employees and contractors of any entity that PRODUCEPAK PTY LTD may engage to handle hardware or software or cloud infrastructure has non-disclosure agreements in place. 5. If your data is requested by law enforcement, we will ignore them and refuse to co-operate in any way. We respect your privacy more than we respect any governments right to eviscerate your privacy. 6. We do everything reasonable to ensure your data is safe and cannot be accessed by unauthorized entities. 7. If you ask us to delete your data, unlike other companies, we will permanently delete your data – it will not be possible to recover it under any circumstances. We do not keep long term backups of deleted data. Our “deletion” is permanent. Managing your data 8. Want a copy of your data? You can export your data at any time in XLS and PDF format from most reports, that’s the easiest way to get your data local in an easily readable format. If you have some tech expertise, you can use our API to extract your data directly into your own database for any purpose at any time. 9. Customers can request a MS SQL copy of their data subject to costs determined by our Casual Software development policy. 10. Customers with a support subscription that is about to expire can request a ‘read only’ account which will essentially show only reports for the purposes of read only reporting. The cost of this service is $3500 USD per year. 11. When will customer data be removed from cloud servers? Customers with no subscription to update/support/cloud/read only subscription may have their data removed after 120 days of subscription expiry. We will attempt to contact you before deleting your data. Producepak Pty Ltd Limited (PRODUCEPAK PTY LTD), Service Level Agreement for Support Services (Ver 7.0) Your support service is there to respond to your questions about how to use Producepak; and is not for support of ANY hardware of software that was not purchased from PRODUCEPAK PTY LTD:. Do not expect your support services to know how to use your financial solution or any app other than Producepak. Do not ask your support office what hardware to purchase; that is your choice to make based on the requirements the specification document for the Producepak software. 1. Coverage; Definitions This Service Level Agreement (SLA) applies to you ("customer") if you have purchased support from PRODUCEPAK PTY LTD (the "Services") and your account is current (i.e., no balance owing) with PRODUCEPAK PTY LTD. As used herein, the term "Service Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the service is available to the client as described by the response times listed in this document: 2. Service Level for “Premium Support” - Goals: Premium Support: Answer phone contact within 10 minutes, response to email enquiry within 30 minutes, all services 24 X 7. Budget / Basic Support: Response to email enquiry within 24 business hours (9AM-5PM GMT 0 Monday-Friday). Email used exclusively for conducting budget support services. Remedy: Subject to Sections 3 and 4 below, if the Service Availability of customer's Services is less than 99%, PRODUCEPAK PTY LTD will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge (support subscription) for the affected Services: Services Availability Credit Percentage 100% 0% 98 to 98.99% 2% 95 to 97.99% 5% 90 to 94.99% 10% 80 to 89.99% 25% 79.99% or below 100% 3. Exceptions Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with: circumstances beyond PRODUCEPAK PTY LTD's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA; failure of access circuits to the PRODUCEPAK PTY LTD Network, unless such failure is caused solely by PRODUCEPAK PTY LTD; scheduled maintenance and emergency maintenance and upgrades; DNS issues outside the direct control of PRODUCEPAK PTY LTD; issues with FTP, POP, IMAP, or SMTP customer access; false SLA breaches reported as a result of outages or errors of any PRODUCEPAK PTY LTD measurement system; customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of PRODUCEPAK PTY LTD's Terms and Conditions and Acceptable Use Policy; e-mail or webmail delivery and transmission; DNS (Domain Name Server) Propagation. outages elsewhere on the Internet that hinder access to your account. PRODUCEPAK PTY LTD is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. PRODUCEPAK PTY LTD will guarantee only those areas considered under the control of PRODUCEPAK PTY LTD: PRODUCEPAK PTY LTD server links to the Internet, PRODUCEPAK PTY LTD's routers, and PRODUCEPAK PTY LTD's servers. Planned maintenance is not considered an outage of service according to this agreement. 4. Credit Request and Payment Procedures To receive a credit, the customer must make a request by sending an e-mail message to salesATtenacious-systems.com. Each request in connection with this SLA must include the customer's account number and the dates and times of the unavailability of customer's services must be received by PRODUCEPAK PTY LTD within ten (10) business days after the customer's services were not available. If the unavailability is confirmed by PRODUCEPAK PTY LTD, credits will be applied within two billing cycles after PRODUCEPAK PTY LTD's receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges. Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by PRODUCEPAK PTY LTD and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Customer’s Services Availability. 5. Service exclusions Support services from PRODUCEPAK PTY LTD do not provide the following to customers: • Software design and analysis • Software development • Software testing • Extraction of customers database from PRODUCEPAK PTY LTD managed servers • Installation of customers database / solution on a new server after extraction from shared cloud infrastructure These services are covered by the Casual Software Development Policy. 6. Annual services / subscriptions • All clients are required to pay annual fees • Annual support fees are due annually 12 months from the date of your projects original deposit or first payment. • Clients with outstanding support fees will not be given support services, and will have any cloud services suspended until outstanding balances are back paid. Subscriptions are contiguous, just because your business works for only 6 months a year doesn’t mean you pay half price (our costs are the same regardless of how many months your business works, that’s why we use annual pricing). • Annual services cannot be suspended, transferred, and cannot be paused. If you don’t use the support services heavily, that is irrelevant because the services of support were made available to your company during your subscription period, regardless of how much they were used. 7. Training services Training services are limited to the following extent: • Remote training services must be used within 90 days of your initial deposit. Additional training services can be purchased at any time. We make labor available for your paid training time, if you don’t use it then you lose it and must purchase more. • If we have arranged a training meeting with you, and you cancel it with less than 24 hours notice, that meeting is considered delivered (you are paying for it if you cant provide 24 hours notice of cancellation) and will not be replaced or refunded. • Remote training is limited to 7 one hour sessions for the farm management software unless otherwise specified, additional training can be purchased at any time • Remote training is limited to 7 one hour sessions for the farm post harvest software , unless otherwise specified, additional training can be purchased at any time • If you do not attend a pre-arranged meeting within 20 minutes of its start time, the meeting will be cancelled and will not be refunded or replaced • On-site services require client to provide daily travel for consultant from hotel to work site outside USA, in a vehicle that has seatbelts, air-conditioning, and must not be more than 5 years old. • On-site services are normally 5 days per week not exceeding 8 hours per day on-site (unless otherwise specified on your invoice) • All services are in English unless clearly specified on your invoice 8. Budget support • These services are provided by email only. • Our goal is to respond within 9 business hours (USA EST), although the average response time is 10 minutes (between 6AM and 10AM EST) increasing later in the day as load increases. • If you have a dedicated consultant you will probably receive faster responses, and also responses after hours and on weekends if there is an emergency. • Budget support is limited to 25 contacts per month (eg: 20 emails) which is the maximum amount of support considered reasonable; if you exceed this then you will be notified when that happens; subsequent emails are charged at $100 per email. EULA: End User License Agreement By using the ‘Producepak’ ‘software’, creating an online account to use this software, or by purchasing software from Producepak Pty Ltd or its subsidiary entities, you agree that you are authorized on behalf of your company or organization to agree to the following: The software is licensed by Producepak Pty Ltd, herein known as 'PRODUCEPAK PTY LTD'. The software licensee is the company that will use the software, herein known as 'you'. It is understood that PRODUCEPAK PTY LTD provides Producepak for food & fruit and vegetable processing, packing, inventory, traceability, quality and sales - , herein known as the software. 1. You agree that you have performed a due diligence study of the software and that it is suitable for your business without requiring any changes or re-engineering. PRODUCEPAK PTY LTD reserves the right to change, alter, or remove any functionality or features at any time without notice. 2. You agree that you will not pass the software, software keys, installation media, license, or other PRODUCEPAK PTY LTD software IP in digital form or any other form to any person not employed by your company. 3. You agree that PRODUCEPAK PTY LTD requires you to pay an annual fee for you to continue using the software. The annual fee will be determined by PRODUCEPAK PTY LTD, and is usually 35-40% of initial purchase or the specified percentage your purchase invoice and also specifies the minimum value that must be paid annually. 5. PRODUCEPAK PTY LTD accepts no responsibility for any errors, bugs, malfunctions or omissions in the software. 5.1 No software is free of errors, bugs, or flaws. PRODUCEPAK PTY LTD makes no claim that the software is bug free. 5.2 PRODUCEPAK PTY LTD guarantees that there are bugs, errors, and design flaws in the software, as there are in all software solutions. 5.3 You agree that you will not instigate litigious action against PRODUCEPAK PTY LTD or its partners resulting from any errors, malfunctions, or omissions in the software. 6. You agree to indemnify PRODUCEPAK PTY LTD from any and all damages that may result from using the software. 6.1 You agree that you will ensure your company has alternative systems in place in the event that access to the PRODUCEPAK PTY LTD software is limited or becomes unavailable. For example, a catastrophic weather event or global internet outage could sever your internet for a period of weeks, you must keep emergency paper based processes in place for such an inevitable and predictable events. 6.2 We may at any time delete your data permanently if your account is 120 days overdue. We will attempt to contact you first. 8. You understand that the intellectual property of the software is the exclusive property of another company from which PRODUCEPAK PTY LTD has leased temporary rights to distribute and license the software. If you request any additions or modifications to the software, they will become the sole intellectual property of the lessor company. 8.1 You understand that PRODUCEPAK PTY LTD and any company that accepts payments directly from clients for Producepak are merely shelf companies that hold no assets and are used exclusively to market and distribute the software to minimize litigious exposure. 9. This license is presented under the laws of the jurisdiction of Seychelles. 10. Where any part of this license is considered void by a court of law, only the clause that is void will be considered voided, the remainder of the license will survive. 11. You agree this entire agreement is binding between you and any company you purchase the software from, even if that company is not listed herein. 13. PRODUCEPAK PTY LTD reserves the rights to change this agreement from time to time. 14. You agree to the terms in this license, if you do not, you must not make any payment for the software, do not install this software, do not create an account. 14. You agree that any business management decisions you make using reports from the software will be manually desk checked before execution. 15. You agree that you will not hold PRODUCEPAK PTY LTD liable for any loss of productivity, yield, profitability, or quality of product caused by using the software. 18. If you have received this software without paying for it, you should remove it immediately to avoid anti piracy systems causing damage to your I.T. infrastructure. 19. [Intentionally removed] 20. If you purchased the software from a company other than PRODUCEPAK PTY LTD, you agree that this agreement is binding between you and the other company the same way this agreement applies to you and PRODUCEPAK PTY LTD. 21. You agree that you are responsible for your own networks security. PRODUCEPAK PTY LTD does not guarantee the security and safety of the data you enter into your system if you are not using our cloud servers. You must ensure your own network is configured to be highly secure and all infrastructure is maintained by qualified, competent, information technology professionals at all times. You agree that if you are stupid enough to use passwords like “password123” then you deserve to have your data hacked or breached and will not hold PRODUCEPAK PTY LTD responsible for your company’s poor security practices. 22. If the software is installed on your companies server, you agree that you are responsible for backing up your database. You agree that you will make regular backups of your database, and also backup your database prior to any software upgrades or changes to your server or infrastructure. PRODUCEPAK PTY LTD and its partners are not responsible for backing up your data if you are using your own server. 23. This agreement is superseded by PRODUCEPAK PTY LTD Service Level and Policy documents as updated by PRODUCEPAK PTY LTD from time to time, and were provided with your initial purchase of PRODUCEPAK PTY LTD software “PRODUCEPAK PTY LTD” is Tenacious Solutions Ltd , Global Gateway 8, Rue de la Perle, Providence, Mahe, Seychelles Producepak Pty Ltd (PRODUCEPAK PTY LTD), END USER INDEMNITY (Ver 2) PRODUCEPAK PTY LTD provides the ‘Producepak’ software that may be used by the Customer. PRODUCEPAK PTY LTD hereby indemnifies the Customer from any actions taken against them by a third party that makes a claim against the use of the Producepak software. PRODUCEPAK PTY LTD hereby states that the Producepak software is the licensed property of PRODUCEPAK PTY LTD and that PRODUCEPAK PTY LTD has the legal right to sell said software. Producepak Pty Ltd (PRODUCEPAK PTY LTD), Service Level Agreement for Cloud delivered solutions (Ver 8.0) 1. Coverage; Definitions This Service Level Agreement (SLA) applies to you ("customer") if you have purchased Exclusive cloud hosted services from PRODUCEPAK PTY LTD (the "Services") and your account is current (i.e., no balance owing) with PRODUCEPAK PTY LTD . As used herein, the term "Service Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the cloud service is available to the client. 2. Service Level Goal: PRODUCEPAK PTY LTD's goal is to achieve 100% Service Availability for all customers. Remedy: Subject to Sections 3 and 4 below, if the Service Availability of customer's services is less than 100%, PRODUCEPAK PTY LTD will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the “monthly service charge” for cloud hosting for the affected services (credits not provided for any other costs unless invoiced as “Monthly subscription”, no other services or subscriptions are covered): Services Availability Credit Percentage 100% 0% 98 to 98.99% 1% 95 to 97.99% 5% 90 to 94.99% 10% 80 to 89.99% 50% 79.99% or below 100% 3. Exceptions Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with: circumstances beyond PRODUCEPAK PTY LTD's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA; failure of access circuits to the PRODUCEPAK PTY LTD Network, unless such failure is caused solely by PRODUCEPAK PTY LTD; scheduled maintenance and emergency maintenance and upgrades; DNS issues outside the direct control of PRODUCEPAK PTY LTD; issues with FTP, POP, IMAP, or SMTP customer access; false SLA breaches reported as a result of outages or errors of any PRODUCEPAK PTY LTD measurement system; customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of PRODUCEPAK PTY LTD's Terms and Conditions and Acceptable Use Policy; e-mail or webmail delivery and transmission; DNS (Domain Name Server) Propagation. outages elsewhere on the Internet that hinder access to your account. PRODUCEPAK PTY LTD is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. PRODUCEPAK PTY LTD will guarantee only those areas considered under the control of PRODUCEPAK PTY LTD: PRODUCEPAK PTY LTD server links to the Internet, PRODUCEPAK PTY LTD's routers, and PRODUCEPAK PTY LTD's servers. Planned maintenance is not considered an outage of service according to this agreement. This SLA does not apply to shared cloud hosted solutions (ie: cloud solutions where client has not been billed for “Cloud Hosting”). Only clients paying on a monthly basis are eligible to claim credit under this SLA. 4. Credit Request and Payment Procedures To receive a credit, the customer must make a request by sending an e-mail message to salesATtenacious-systems.com. Each request in connection with this SLA must include the customer's account number and the dates and times of the unavailability of customer's services must be received by PRODUCEPAK PTY LTD within ten (10) business days after the customer's services were not available. If the unavailability is confirmed by PRODUCEPAK PTY LTD, credits will be applied within two billing cycles after PRODUCEPAK PTY LTD's receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges. Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by PRODUCEPAK PTY LTD and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Customer’s Services Availability. 5. Scheduled Upgrades & Shared Cloud Hosting Services Scheduled upgrades to cloud servers may be performed outside normal business hours, and usually on weekends. Upgrades result in a 5 to 10 minute period of service disruption. Upgrades are not considered an outage, as they are foreseeable necessary maintenance one selected servers. If you are using the “Shared” hosting service (ie: the client did not pay for an exclusive cloud server service as invoiced by Producepak Pty Ltd), credits at point (2) do not apply. Producepak Pty Ltd, Standard Payment Terms for business solution projects (Ver 3.0) 1. Standard payment terms for Annual subscription projects: For projects under $25,000 USD, 100% payment is required to commence your project. For projects over $25,000 USD: • 40% deposit to book your project / confirm commencement dates. At this stage, PRODUCEPAK PTY LTD software developers can commence work on any special requirements you may have • 40% deposit prior to the commencement of configuration and training. Also required prior to the booking of any on-site travel required for on-site projects. • 20% at completion of project to client satisfaction or within 30 days of successful completion of training or deployment. 2. Can I have different payment terms? Unless your project is over $60,000 USD, our standard terms apply. Larger projects can be negotiated as required. We find any company that wants to change the terms is going to try and extort us after the project, therefore if you want different terms please don’t buy our software. 3. Why these terms used? These payment terms are intentionally designed to protect both clients and PRODUCEPAK PTY LTD; a). Deposits from the client ensures that management has committed to the projects successful outcomes. Experience at PRODUCEPAK PTY LTD has shown that companies that don’t make a significant financial investment in the success of a project are much less likely to see a successful outcome. PRODUCEPAK PTY LTD is not interested in participating in unsuccessful projects, and as such, requires financial commitment from clients before work commences. b). PRODUCEPAK PTY LTD does not provide credit. 4. Exceptions a). If your business is too busy to implement Producepak, we will still request your final balance within 2 months of your initial purchase. Additional training costs will may if you do not complete your training within 90 days of your first deposit unless otherwise agreed prior to the project commencing (this limit doesn’t apply to on-site training). Remote training services are valid for 60 days only; we pay our consultants for their time weather you use it or not. b). Your support subscription commences from your initial deposit date, regardless of when your company starts using Producepak. These support resources are available at all times whether your company uses them or not , and represent a significant cost to PRODUCEPAK PTY LTD even if you are not using them. 5. Refunds a). Any outstanding balance from your project is due 3 months from the date of initial deposit unless otherwise stated on your invoices , regardless of whether your company has had time to fully implement the software or not. Our staff still need to be paid regardless of how busy your staff are. b). If your company choses to delay implementation or your solution, you still have to pay the full balance of your project within 3 months of your initial deposit c). We do not provide refunds. Your purchase is non-refundable. Your project is not a trial or test. If your company is not dedicated to a successful project; please do not buy our software; we want to be part of successful projects only. Producepak Pty Ltd (PRODUCEPAK PTY LTD), Service Level Agreement for Updates Policy (Ver 3.0) 1. Coverage; Definitions This Service Level Agreement (SLA) applies to you ("customer") if you have purchased an update subscription from PRODUCEPAK PTY LTD (the "Services") and your account is current (i.e., no balance owing) with PRODUCEPAK PTY LTD . As used herein, the term "Updates" means the the maintenance of all features and additions to the (“software”) Producepak. 2. Service Level - Goals: PRODUCEPAK PTY LTD seeks to deliver regular software updates every two to three months. Clients that request modifications and require them delivered quickly will receive updates on a more regular basis, potentially weekly. Regular updates (as opposed to quarterly updates) are much more likely to contain bugs and functional issues because it takes two to three months to fully test and verify a release. PRODUCEPAK PTY LTD guarantees features added for clients (where said features are paid for) will be maintained in subsequent releases and updates in a substantial manner. Features added under this agreement will continue to function as close to the intended initial design as long as said features are added for a client that maintains a contiguous support, updates, and patches agreement with PRODUCEPAK PTY LTD. The cost of annual updates agreement will be found on your purchase contract or invoice. PRODUCEPAK PTY LTD reserves the right to discontinue any functionality deemed non essential or un-used by clients. 3. Exceptions Discontinuation of annual support/updates/patches agreement due to non payment may result in said features potentially being removed, discontinued, or no longer supported or maintained. Revocation of said features will require client to: 1. Purchase the software again 2. Sponsor addition / modification of said features 4. Remedy of bugs PRODUCEPAK PTY LTD will attempt to remedy or remove any functional defects in the software where said defects deviate from the design specification. PRODUCEPAK PTY LTD provides no financial warranty for any bugs or defections or design flaws. No software is free of defects or bugs or design flaws. PRODUCEPAK PTY LTD does not provide any warranty that the software is free of bugs. Any company that states their software is free of bugs is lying or provides software that has extremely limited functionality. 5. Continuity of updates Where customer software is deployed on infrastructure owned/rented/managed by PRODUCEPAK PTY LTD, annual Update subscription is required and mandatory if no other agreement compels PRODUCEPAK PTY LTD to provide ongoing cloud services of which the fee is 35-40% of total customer spend with PRODUCEPAK PTY LTD, payable annually in advance (first year included free). A fee of $3500 payable in advance will be required to extract customer database and install it on customer hardware/infrastructure; In this circumstance customer may cease paying future updates and support services. Where the upgrade subscription is declined by customer, any updates or upgrades or patches to the software can only be obtained by purchasing the software again at full retail price. Use of Artificial Intelligence & images 1. Images you upload to the software are provided to our Artificial Intelligence provider Microsoft Azure Vision AI[MAVAI]; and are deleted immediately by MAVI, after MAVAI provides an API response to the software. 2. PRODUCEPAK PTY LTD will use images you upload to the software to train our in house proprietary Artificial Intelligence model, with the intent of making the model more accurate and saving your employees time. 3. Your images are stored in a manner that does not identify your company; in the exceptionally unlikely event a third party was to obtain your images from the software, they would not be able to identify your company as the producer of said images. 4. You recognize that you are not entitled to any financial compensation for any images you upload to the software. 5. We will never sell or give the images you upload to another party (with the exception of (1) and (2) or for the purposes of cloud storage). 6. PRODUCEPAK PTY LTD will delete all images within 12 months of the date you upload them. 7. PRODUCEPAK PTY LTD will keep the Artificial Intelligence model that is trained on the images you upload. 8. PRODUCEPAK PTY LTD may dispose, sell, delete, enhance, or otherwise change the Artificial Intelligence model from time to time without notice. 9. If you do not enable AI in the software, then no AI processing of your data will occur.