Effective Date: The date Customer accepts this Agreement in connection with a Source of Sale subscription.
Last Updated: November 3, 2026
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE REVIEW SECTION 24 CAREFULLY.
This Source of Sale Subscription Agreement (the “Agreement”) is between Easy Design Solutions LLC, a Maryland limited liability company (“EDS”), and the business purchasing a Source of Sale subscription (“Customer”).
Source of Sale (“Source of Sale” or the “Service”) is a product provided by Easy Design Solutions LLC.
By electronically accepting this Agreement through the Source of Sale subscription or checkout process, Customer agrees to this Agreement.
The individual accepting this Agreement on behalf of Customer represents that the individual has authority to bind Customer.
Source of Sale is a sales and marketing system designed for residential home builders.
The Service includes functionality related to customer relationship management, sales pipelines, forms, landing pages and funnels, email marketing, communications, automations, appointments, integrations, marketing-source tracking, dashboards, and reporting.
Source of Sale is provided through technology and services operated in part by third-party providers.
EDS may update, modify, replace, restrict, or discontinue features or functionality of Source of Sale at any time, including where changes are required or caused by an underlying technology provider.
Customer acknowledges that its purchase or continued subscription is not contingent upon the continued availability of any particular feature, functionality, integration, or third-party service.
Customer receives the right to access and use Source of Sale while Customer maintains an active paid subscription.
Customer is purchasing access to the Service, not ownership of the Source of Sale account, underlying account environment, platform, technology, configurations, or EDS-Created Assets.
Customer's right to access and use Source of Sale ends when the subscription ends.
The recurring subscription fee, billing frequency, and applicable subscription charges are shown to Customer as part of the checkout or subscription process.
The one-time setup fee is stated separately on an EDS invoice.
Customer shall pay the fees accepted through the subscription process and amounts stated on applicable EDS invoices.
Unless otherwise stated in the subscription process, the Source of Sale subscription is billed monthly in advance and automatically renews each month until canceled.
Customer must maintain a valid payment method on file.
Customer authorizes EDS and its payment provider to automatically charge the payment method on file for:
Customer acknowledges that applicable fee rates and amounts may change from time to time and authorizes the payment method on file to be charged at the then-current applicable rates without further authorization.
The recurring subscription fee includes reasonable email sending usage unless otherwise stated in the applicable subscription terms.
Included email usage is subject to fair use and to technical, deliverability, usage, and other limitations imposed by applicable email or underlying technology providers.
EDS may monitor email usage. If Customer's email usage materially exceeds the usage reasonably contemplated by the subscription, EDS may restrict excessive usage or apply usage-based charges at the then-current applicable rate.
EDS may modify applicable usage limits or rates as necessary to reflect changes in third-party costs, provider requirements, or Service functionality.
Source of Sale uses a standardized setup process.
Setup may include:
The one-time setup fee is stated on an EDS invoice.
Customer shall provide the information, access, credentials, approvals, files, and data reasonably needed to complete setup.
The setup fee is nonrefundable once paid.
Customer acknowledges that EDS begins account preparation, setup, connection activities, scheduling, and related work following purchase.
Cancellation, nonuse, delay, or failure to complete setup does not entitle Customer to a refund of the setup fee.
Fees are exclusive of applicable taxes unless expressly stated otherwise.
Customer shall pay applicable taxes charged in connection with Customer's purchase or use of Source of Sale.
Customer authorizes EDS to charge applicable taxes to the payment method on file.
If a payment fails, EDS may retry the payment and may restrict, suspend, or disable Customer's access to Source of Sale until all outstanding amounts are paid.
If payment remains outstanding, EDS may terminate the subscription for nonpayment.
Customer remains responsible for outstanding fees and applicable third-party or chargeback-related charges.
Customer must notify EDS in writing of any disputed charge within thirty (30) days after the charge. Customer shall act reasonably and in good faith in connection with any payment dispute.
Unless otherwise stated through the subscription process, the subscription is month-to-month.
Customer may cancel at any time.
Cancellation becomes effective at the end of the current paid billing period. Customer must cancel before the next renewal charge to avoid being charged for the next billing period.
Customer remains responsible for fees and taxes incurred through the effective date of cancellation.
Except where required by law, payments are nonrefundable.
EDS does not provide prorated refunds for partially used billing periods or unused access.
EDS may change Source of Sale fees, rates, and charges from time to time.
Customer's subscription will automatically renew at the then-current applicable rates unless Customer cancels before renewal.
Usage-based, email, tax, third-party, and other pass-through charges may change when the applicable underlying charge changes.
Customer's authorization under Section 3 applies to the then-current applicable rates and charges.
Customer is responsible for deciding who may access its Source of Sale account and for maintaining appropriate user access.
Customer is responsible for protecting account credentials and connected accounts and for using security measures required by EDS or the applicable underlying provider, including multi-factor authentication where available or required.
Customer shall promptly notify EDS of any known or suspected unauthorized access to Customer's account, credentials, or connected accounts.
EDS maintains administrative access to Customer's Source of Sale account for purposes of setup, configuration, support, maintenance, and administration of the Service.
Customer may not transfer, resell, sublicense, or provide its Source of Sale subscription to another business without EDS's written approval.
Customer and its users shall use Source of Sale only for lawful business purposes.
Customer shall not use, or permit another person to use, the Service to:
Customer is responsible for use of Source of Sale by its users.
EDS may monitor usage and may restrict, throttle, or suspend excessive, abusive, unlawful, or otherwise prohibited use.
EDS may impose additional use restrictions when reasonably necessary to comply with applicable law or requirements imposed by an underlying provider.
“Account Information” means information EDS collects directly from Customer in connection with Customer's purchase and business relationship with EDS, including business contact, subscription, billing, payment, and account-administration information.
Account Information is governed by the Easy Design Solutions LLC Privacy Policy.
“Customer Data” means the data and information maintained within Customer's Source of Sale account, including contacts, leads, communications, opportunities, sales information, form submissions, files, records, and other information entered, imported, collected, or maintained by or for Customer within the account.
Customer retains its rights in Customer Data.
Customer authorizes EDS and the third-party technology providers used to operate Source of Sale to access, use, monitor, transmit, store, copy, disclose, and otherwise process Customer Data as reasonably necessary to:
Such processing may be subject to the applicable terms, privacy policies, and data-processing obligations governing EDS's use of the applicable third-party service.
Customer is responsible for ensuring that Customer has the right to collect, import, maintain, use, and authorize the processing of Customer Data as contemplated by this Agreement.
Usage, telemetry, diagnostic, or similar information generated by an underlying provider through operation of its technology is not Customer Data to the extent such information is treated separately from Customer Data under the applicable provider terms and applicable law.
“Customer Personal Data” means the portion of Customer Data that constitutes personal information or personal data under applicable law.
With respect to Customer Personal Data:
EDS handles Customer Personal Data as necessary to provide, configure, administer, maintain, support, secure, and operate Source of Sale and as otherwise authorized under Section 10 or required by applicable law.
Customer authorizes EDS to use third-party providers as necessary to provide Source of Sale.
Customer is responsible for determining and complying with its obligations concerning the collection, use, retention, deletion, and disclosure of Customer Personal Data.
Customer is responsible for the privacy notices, disclosures, permissions, lawful bases, and consents required for Customer's collection and use of Customer Data.
Customer is responsible for managing and responding to requests concerning Customer Personal Data, including requests for access, correction, deletion, portability, restriction, or other rights provided under applicable law.
If EDS receives such a request concerning Customer Personal Data, EDS may direct or forward the request to Customer.
Customer is responsible for establishing appropriate data-retention and deletion practices for Customer Personal Data.
Customer is responsible for determining and fulfilling notification obligations applicable to Customer if Customer becomes aware of a security incident or data breach affecting Customer Personal Data.
With respect to communications sent through Customer's Source of Sale account, Customer is the sender and advertiser for legal and compliance purposes, including communications generated through workflows, automations, templates, or other EDS-Created Assets that Customer authorizes, activates, or uses.
Customer represents and warrants that it has obtained all notices, permissions, and consents required for such communications.
Customer shall maintain consent and permission records where required by applicable law and shall provide relevant records to EDS when reasonably requested in connection with a lawful compliance, provider, or regulatory matter.
Customer shall reasonably cooperate with lawful requests relating to Customer's use of the Service from regulators, governmental authorities, or applicable service providers.
Technology provided through Source of Sale does not by itself establish Customer's compliance with privacy, email marketing, communications, or data-protection laws.
“Customer-Created Assets” means workflows, automations, dashboards, reporting templates, email templates, other templates, forms, content, and other materials independently created by Customer or its users within Source of Sale without using or substantially reproducing EDS-Created Assets.
Customer retains its rights in Customer-Created Assets.
Where technically available, Customer may export, copy, recreate, or migrate Customer-Created Assets using available standard methods.
An EDS-Created Asset does not become a Customer-Created Asset merely because Customer edits, populates, renames, modifies, or uses it.
“EDS-Created Assets” means workflows, automations, dashboards, reports, reporting templates, email templates, other templates, forms, funnels, configurations, reporting structures, processes, methods, system architecture, documentation, designs, and other assets created, configured, developed, or supplied by EDS as part of Source of Sale.
EDS retains its rights in EDS-Created Assets.
Customer receives the right to use EDS-Created Assets as part of Source of Sale while Customer maintains an active paid subscription.
Customer does not acquire ownership of EDS-Created Assets.
Customer may not copy, transfer, export, reproduce, distribute, license, sell, or migrate EDS-Created Assets to another provider, account, platform, or system without EDS's written authorization.
Payment of setup fees, subscription fees, or other charges does not transfer ownership of EDS-Created Assets.
Customer retains its rights in Customer Data and Customer-Created Assets.
Customer may export Customer Data using available export functionality or request a standard export from EDS where technically available.
Migration of Customer Data to another provider or system must occur through standard data export and import methods.
The Source of Sale account and underlying system environment are nontransferable. EDS will not voluntarily transfer, release, assign, migrate, or authorize the transfer of the Source of Sale account, underlying account environment, platform instance, or system environment to another agency, reseller, service provider, platform account, or other third party.
The foregoing does not prevent an underlying technology provider from independently exercising a transfer right available to that provider under its own terms or applicable law in circumstances outside EDS's control.
Any such provider-level transfer does not transfer ownership of EDS-Created Assets or grant Customer additional rights to EDS-Created Assets.
Customer's payment of fees does not constitute purchase of the Source of Sale account or underlying system environment.
Customer Data exports do not include EDS-Created Assets.
Customer is responsible for exporting or preserving Customer Data and Customer-Created Assets it wishes to retain before the subscription ends.
When the subscription ends:
EDS does not guarantee that Customer Data will remain accessible or recoverable after termination and has no obligation to retain, restore, or recover Customer Data after the subscription ends.
Any data that may remain within systems operated by underlying technology providers after termination is subject to those providers' own retention and deletion practices and is outside EDS's control.
Source of Sale relies upon third-party technology and may connect with third-party services, including email services, advertising platforms, analytics systems, calendars, websites, APIs, and other integrations.
Customer's use of third-party services may also be subject to terms and policies imposed by those third parties.
EDS does not control third-party services and does not guarantee their availability, continued integration, functionality, security, compatibility, accuracy, or performance.
A third-party provider may change, restrict, suspend, discontinue, or modify its service, API, pricing, policies, integration, or functionality independently of EDS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EDS IS NOT LIABLE FOR ANY ACT OR OMISSION OF A THIRD-PARTY PROVIDER OR FOR ANY OUTAGE, INTERRUPTION, DELAY, LOSS, MODIFICATION, DELETION, UNAVAILABILITY, OR FAILURE RESULTING FROM A THIRD-PARTY SERVICE OR UNDERLYING TECHNOLOGY PROVIDER.
To the maximum extent permitted by applicable law, Customer waives claims against EDS arising solely from the operation, failure, modification, or discontinuation of a third-party service.
EDS may modify, restrict, replace, or discontinue affected Source of Sale functionality when reasonably necessary because of a change to a third-party service or underlying technology provider.
EDS may restrict, suspend, or terminate Customer's access to all or any portion of Source of Sale if:
EDS may also restrict, suspend, modify, or discontinue affected portions of Source of Sale if an underlying technology or service necessary to provide them becomes unavailable, restricted, discontinued, or materially changed.
Customer's rights to use Source of Sale cease upon termination.
Source of Sale provides reporting and attribution based on information available from Customer Data, connected accounts, tracking technologies, integrations, APIs, advertising platforms, and other third-party systems.
Reporting and attribution may differ between systems because those systems may use different tracking methods, attribution rules, timing, or available data.
EDS does not guarantee any particular number of leads, appointments, sales, closed contracts, revenue, conversion rate, advertising performance, or other business result from use of Source of Sale.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOURCE OF SALE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
EDS does not warrant that:
Customer's use of Source of Sale is subject to the limitations and availability of the technology and third-party services through which the Service is provided.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EDS'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR CUSTOMER'S USE OF SOURCE OF SALE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT CUSTOMER PAID EDS FOR SOURCE OF SALE DURING THE THREE (3) MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY OR (B) ONE HUNDRED DOLLARS ($100).
IN NO EVENT SHALL EDS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT EDS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY.
These limitations apply only to the extent permitted by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION BY CUSTOMER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR SOURCE OF SALE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE CLAIM OCCURRED, REGARDLESS OF WHEN CUSTOMER KNEW OR SHOULD HAVE KNOWN ABOUT THE CLAIM. OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.
Customer shall defend, indemnify, and hold harmless Easy Design Solutions LLC and its owners, employees, contractors, and service providers from and against third-party claims, demands, proceedings, damages, liabilities, losses, costs, and reasonable attorneys' fees arising out of or relating to:
Each party may receive nonpublic business, technical, financial, customer, or other confidential information belonging to the other party (“Confidential Information”).
Subject to Section 10, each party shall use the other party's Confidential Information only as reasonably necessary in connection with Source of Sale and shall not disclose it to third parties except to employees, contractors, professional advisers, or service providers who reasonably need access to it, or as required by law.
Confidential Information does not include information that:
Customer authorizes EDS to disclose information to third-party technology providers to the extent authorized under Section 10.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION OF DISPUTES AND WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
This Agreement and any dispute arising out of or relating to it shall be governed by the laws of the State of Maryland, without giving effect to conflict-of-law principles.
Any controversy or claim arising out of or relating to this Agreement or Source of Sale shall be resolved exclusively by binding arbitration administered by the American Arbitration Association under its then-current Commercial Arbitration Rules.
This arbitration provision is governed by the Federal Arbitration Act.
Unless EDS and Customer agree otherwise, arbitration shall take place in Montgomery County, Maryland.
Any arbitration award may be entered in a court having jurisdiction.
All claims and disputes subject to arbitration shall be resolved on an individual basis and not on a class basis. Claims of multiple customers may not be arbitrated or litigated jointly or consolidated.
Customer agrees to the Easy Design Solutions LLC Privacy Policy made available during the subscription process.
The EDS Privacy Policy applies to Account Information and other personal information EDS collects for its own business purposes.
It does not govern Customer Data maintained within Customer's Source of Sale account.
EDS reserves the right to modify this Agreement at any time, including as necessary to reflect changes to the Service, applicable law, or requirements imposed by third-party or underlying technology providers.
The then-current version of this Agreement will be made available at https://sourceofsale.com/terms.
Except as provided below with respect to Section 24, all changes are effective immediately when posted. Customer's continued access to or use of Source of Sale following the posting of a revised Agreement constitutes Customer's acceptance of and agreement to the revised Agreement.
Customer is responsible for reviewing the then-current Agreement governing its use of Source of Sale.
EDS will provide Customer notice before a modification to Section 24, including its arbitration or class-action provisions, becomes effective.
A modification to Section 24 applies prospectively only and will not apply to a dispute already pending or to a claim or dispute arising from events that occurred before the effective date of the modification.
Customer accepts this Agreement and agrees to the Easy Design Solutions LLC Privacy Policy through the electronic acceptance mechanism presented during the Source of Sale checkout or subscription process.
Electronic acceptance has the same effect as signing this Agreement.
EDS may maintain electronic records relating to Customer's acceptance and subscription.
EDS shall not be liable for delay, interruption, or failure to perform caused by circumstances beyond EDS's reasonable control, including failures or interruptions of Internet, cloud, hosting, utility, third-party, or underlying technology services; natural disasters; severe weather; governmental action; labor disputes; cybersecurity events affecting third parties; or other events outside EDS's reasonable control.
Provisions that by their nature are intended to survive expiration or termination of this Agreement shall survive, including provisions concerning unpaid fees, Customer Data, ownership, EDS-Created Assets, confidentiality, warranty disclaimers, limitation of liability, claim limitations, indemnification, and dispute resolution.
EDS may provide notices concerning Source of Sale, Customer's account, billing, fees, or this Agreement by email, through the Service, or by another legally permissible electronic method.
Unless otherwise stated in the notice or required by applicable law, notices from EDS are effective when sent or posted.
Customer is responsible for maintaining current contact information with EDS.
Notices to EDS concerning this Agreement may be sent to:
Easy Design Solutions LLC
Email: [email protected]
This Agreement, the commercial terms accepted by Customer through the applicable Source of Sale checkout or subscription transaction, and any applicable EDS invoice constitute the agreement between Customer and EDS concerning Customer's Source of Sale subscription.
The Agreement supersedes prior or contemporaneous discussions, presentations, demonstrations, marketing materials, proposals, and communications concerning the contractual terms of the subscription.
If the checkout, subscription transaction, or applicable EDS invoice conflicts with this Agreement regarding an applicable fee, billing frequency, subscription term, or specifically purchased service, the checkout, subscription transaction, or invoice controls with respect to that commercial term.
This Agreement controls with respect to all other matters unless EDS expressly agrees otherwise in writing.