Upgrades to Platform. Flock may, in its sole discretion, make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock’s products or services to its agencies, (b) the competitive strength of, or market for, Flock’s products or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not materially change any terms or conditions within this Agreement.
Upgrades to Platform. Flock may, in its sole discretion, make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock’s products or services to its agencies, (b) the competitive strength of, or market for, Flock’s products or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not materially change any terms or conditions within this Agreement. Notwithstanding the foregoing, should any such upgrades to the system or platform cause the products and/or services provided to Agency to decline in capacity, performance, effectiveness for Agency’s purposes, or otherwise have a detrimental effect versus a positive effect for Agency’s use of the products and/or services, then Agency shall have the option to terminate this Agreement and return the Flock Hardware for a prorated credit of the cost of the Hardware plus prorated credit for the remaining term of services not yet rendered.
Upgrades to Platform. Flock may, in its sole discretion, make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock’s products or services to its agencies, (b) the competitive strength of, or market for, Flock’s products or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not materially change any terms or conditions within this Agreement. If any such change results in a detrimental impact to the Agency, the Agency shall have the option to either: (1) terminate this Agreement and receive a pro-rata refund of any pre-paid fees to-date, or (2) request a credit for payment of future fees.
