Effective as of: November 11, 2024

These Terms of Service (“Terms”) and any applicable policies listed at exaepos.com/policies establish the legally binding conditions for your use of both the free and paid services, software, and websites (collectively, the “Service”) provided by Exateks Solutions Inc., doing business as Exateks (“Exateks,” “we,” “us,” or “our”). These Terms apply to all data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical compositions, authored works, applications, links, created tasks, and associated information, along with any other materials or content (collectively, the “Content”) that is uploaded, downloaded, or otherwise made available on or through our websites or applications.

Our Privacy Policy further describes how we collect and utilize your information. By accessing or using the Service, you agree to be legally bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization or entity (“Organization”), you confirm that you have the authority to accept these Terms on behalf of that Organization and bind the Organization accordingly. In such cases, references to “you” and “your” in these Terms shall apply to the Organization.

Please be advised that these Terms and our Privacy Policy impact your legal rights and obligations. If you do not accept all provisions herein, you are not permitted to access or use the Service.

ARBITRATION NOTICE: UNLESS YOU CHOOSE TO OPT-OUT, AND WITH THE EXCEPTION OF SPECIFIC DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND EXAPOS WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION. BY ACCEPTING THIS AGREEMENT, YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

User Account and Content Terms

1. Account Creation and Accuracy: When setting up an Exateks account, you must provide accurate, complete, and current information.
2. Account Security: You are responsible for safeguarding your password and ensuring all activities under your account remain secure. If you become aware of a security breach or unauthorized use, you must notify us immediately.
3. Unauthorized Account Access: Accessing or using another user’s account without their explicit consent is strictly prohibited.
4. Service Restrictions: Reverse engineering, disassembling, or decompiling any part of the Service—or assisting others in doing so—is forbidden, except where such restriction is legally unenforceable.
5. Eligibility and Registration: Only individuals, not automated systems or “bots,” may create an account on Exateks. You must be at least 16 years old to access the Service.
6. Compliance with Laws: The Service may not be used for unlawful or unauthorized purposes. You agree to adhere to all applicable federal, state, local, and provincial laws and regulations, including but not limited to copyright laws.
7. Fees and Payment Terms:

• General Payment Requirements: For paid accounts, fees are non-refundable unless required by law or if you cancel during the 30-day money-back guarantee period. You are responsible for paying fees on time, and by choosing electronic or credit card payment, you authorize us to process these charges. Accounts are set to auto-renew, meaning that unless you cancel prior to the renewal date, Exateks may charge for renewal.
• Adjustments to Fees: Exateks may revise fees periodically, and any changes will be communicated to you at least 30 days before your renewal. Accurate billing information is your responsibility, and Exateks reserves the right to suspend or terminate your Service for overdue payments. Additionally, you are responsible for any applicable taxes, excluding those on Exateks’ net income; we will charge taxes where legally required.
• Purchase Orders: If a purchase order is needed for payment, you must (a) provide it at the time of purchase and (b) agree that terms on your purchase order are not applicable to our agreement.
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8. Satisfaction Guarantee and Refunds: Exapos offers a satisfaction guarantee for paid accounts. If you are not satisfied with the Service, you may contact us within 30 days to request a full refund. However, Exapos reserves the right to restrict refund privileges on an individual basis if abuse of this policy is detected.

Use of Our Service

1. Service Modification and Misrepresentation: You are prohibited from altering, modifying, adapting, or otherwise changing the Service or any other website in a way that creates a misleading impression of association with Exapos or the Service.

2. Access to Private API: Access to our private API is strictly limited to methods expressly permitted by Exapos. Unauthorized methods of access are prohibited.

3. Interference with Service Operations: You must not disrupt or interfere with the operation of the Service, its servers, or connected networks, which includes the transmission of harmful elements such as worms, viruses, spyware, or malware. Additionally, any attempt to inject content, code, or otherwise tamper with the display or rendering of our pages on user browsers or devices is forbidden.

4.Respect for Other Users: You may not prevent or restrict other users from utilizing and enjoying the Service, nor are you allowed to encourage or facilitate violations of these Terms or any other applicable policies.

5. Client Software License: Exapos may offer client software for download (“Software”) as part of the Service, which may include automatic updates. Certain operating systems may be required for compatibility. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Software solely for accessing the Service. Ownership of the Software remains with Exapos, and you agree not to copy, modify, distribute, reverse engineer, or exploit the Software, Service, or Content except as expressly permitted in these Terms.

6. Enforcement and Monitoring: Exapos reserves the right to terminate accounts for violations of these Terms at its sole discretion. We retain the authority to investigate and prosecute such violations to the fullest extent permitted by law, including cooperation with law enforcement. While we are not obligated to monitor access to or usage of the Service, we reserve the right to do so and to remove or delete data, accounts, or content that we find objectionable or in violation of these Terms.

7. Third-Party Applications: Should you choose to use any third-party application in conjunction with the Service, you consent to sharing your Content with that third-party provider. We recommend reviewing the third party’s privacy policy to understand how your Content and information may be used.

8. Satisfaction Guarantee on Paid Accounts: Exapos provides a limited satisfaction guarantee for paid accounts. If you are not satisfied within the first 30 days of your subscription, please contact us for a full refund. However, Exapos reserves the right to revoke refund privileges on an individual basis if we determine that this policy is being abused.

General Conditions

1. Account Suspension, Termination, and Service Discontinuation: We reserve the right to suspend or terminate your account, or to cease providing part or all of our Services at any time and without liability if we reasonably determine that:

(i) you have violated these Terms;
(ii) your account presents potential risk or legal exposure for us;
(iii) your free account has been inactive for 60 days (no replies or logins), or if a trial account lacks a payment method within 30 days after the trial period ends; or
(iv) continuing to offer Services to you is not commercially feasible.

We will make reasonable efforts to notify you, either through the Service or via email or phone (if applicable), should we terminate access. Upon termination, your Content and data may no longer be accessible.

2. Termination and License Cessation: All licenses and rights granted to you under these Terms will immediately end upon termination of your account or access to the Service.

3. Modification of Terms and Services: We retain the right to alter these Terms or our Services at any time (“Updated Terms”). Unless changes are required for legal or administrative purposes, we will notify you in advance, either through the Service or by posting the Updated Terms. By continuing to use the Service after the effective date, you agree to the Updated Terms. You are encouraged to review these Terms and any Updated Terms before using the Service. Updated Terms apply from the time they are posted or the effective date specified, governing all subsequent use of the Service. Disputes arising before the effective date of the Updated Terms will be addressed under these current Terms.

4. Service Access Restrictions: We reserve the right, at our discretion, to deny access to the Service to anyone, at any time, and for any reason.

5. Identity and Account Verification: By using our Service, you authorize us, either directly or via third parties, to validate your identity and account information. This may involve requesting additional information, documentation regarding account usage or identity, and verifying your email, phone, or financial details, which may include checks against third-party databases. This verification is solely for our internal purposes, and a fee may be applied for this process.

6. Content and Account Monitoring: Although we are under no obligation to prescreen or monitor accounts or Content, we may, at our discretion, edit, block, or remove any Content or accounts that violate these Terms.

7. Account Access for Support Purposes: Our employees, contractors, or agents may occasionally need access to your account and Content to address support issues. By contacting our support team, you consent to such access. If you require assistance without granting access to your account, please specify this in your support request, and we will accommodate as best as possible.

8. Use of Third-Party Applications: If you integrate third-party applications with our Service, you consent to share your Content with these applications. Please review third-party providers’ privacy policies to understand how they handle your Content and information.

9. Automated Access Restrictions: Automated access to the Service, such as through crawling, scraping, or caching, is prohibited unless explicitly permitted by us and compliant with search engine protocols.

10. SMS Notifications and Opt-Out Option: By creating an Account, you consent to receive informational and promotional SMS messages regarding the Services. To opt out of SMS communications, you may submit a request through email or our support tools. Note that opting out may impact the functionality of certain Service features.

11. Data Transfer and Processing: We may transfer, store, and process your Content within Canada or any other country where we or our service providers operate facilities. By using the Service, you consent to these data transfer and storage practices.

12. Data Charges: You are responsible for any data charges incurred while using the Service.

Rights

1. Ownership Definition: For purposes of these Terms:

(i) “Content” encompasses all data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, authored works, applications, links, created tasks, and any associated information, text files, or other  content materials.

(ii) “User Content” refers to any Content provided by account holders, including you, to be accessible through the Services. Content incorporates User Content without limitation.

a. Our Content Ownership Unless explicitly stated, all materials within the Services, such as text, graphics, images, code, illustrations, designs, icons, photos, video clips, written content, and other materials (collectively, “Exapos Content”) are protected by intellectual property laws, including copyright, trademark, trade dress, and patent laws. Unauthorized use of Exapos Content may violate these protections. Except as expressly provided, we do not grant any rights to use Exapos Content. You agree not to copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, rent, lease, distribute, or license Exapos Content, Services, or any related software. You also agree not to remove or obscure any copyright, trademark, or proprietary rights notices. The Services and Content are legally protected by both U.S. and international laws.

b. Your Rights to User Content We do not claim ownership over Content exclusively submitted or created by you in your Exapos account; such Content remains yours. These Terms do not grant us any rights to your Content, other than those necessary to provide you with the Exapos Service. We may access Content to improve the Service or gauge customer satisfaction. Additionally, any reporting data we collect through your use of Exapos remains yours. By using Exapos, you grant us permission to use this data to provide and enhance the Service. If anonymized and unidentifiable, we may combine it with other companies’ anonymized data for benchmarking, public reporting, or other purposes to benefit the Exapos Service.

c. Alerts and Notifications As part of the Service, you may receive various forms of notifications (e.g., push notifications, text messages, alerts, emails) sent directly to you, either within or outside the App. You control Notification settings and can opt in or out through the Service, except for occasional critical service announcements.

2. Advertising and Sponsorship: The Service may include advertisements or promotions, potentially supported by ad revenue, and you agree that such content may be displayed in association with your Content. The manner, mode, and scope of advertising are subject to change without notice. You acknowledge that advertisements or commercial content may not always be identified as such.

3. Content Responsibility: You confirm and represent that:

(i) you own the Content you post or have the right to grant the rights and licenses outlined in these Terms;

(ii) posting and use of your Content do not infringe third-party rights, including intellectual property, privacy, and publicity rights;

(iii) you agree to pay any royalties, fees, and other obligations arising from your posted Content; and

(iv) you have the authority and legal capacity to enter into these Terms in your jurisdiction.

4. Trademarks and Intellectual Property: The Exapos name and logo are trademarks and one of the branches of Exateks Solutions Inc. and may not be copied or used without prior written permission. This applies to all page headers, custom graphics, button icons, and scripts, which are service marks, trademarks, or trade dress and require authorization before use.

5. Service Availability and Backup: While we strive to keep the Service accessible, interruptions may occur due to maintenance, emergency repairs, or other technical issues. We encourage you to maintain backups of your Content, as Exapos is not a backup service. We are not liable for any interruptions or data losses. You acknowledge the security risks inherent to the internet, and that Content submissions may not always be secure.

6. Content Review and Responsibility: We are not responsible for, nor do we endorse, any Content posted within the Service. We are not obligated to prescreen, monitor, or remove Content. If your Content violates these Terms, you bear responsibility for it.

7. Non-Confidentiality of Content: Unless otherwise described in our Privacy Policy, all Content you submit will be treated as non-confidential and non-proprietary. We assume no responsibility for its use or disclosure. By submitting Content, you agree that our relationship with you is not confidential, fiduciary, or otherwise special. Content submitted is treated similarly to that submitted by the general public.

8. License to Use the Service: Subject to your adherence to these Terms and applicable policies, we grant you a non-exclusive, non-transferable, revocable limited license to use the Service for its intended purposes. This license does not permit:

• Distribution or public performance of our Content;
• Creation of derivative works from the Services or Content;
• Use of data mining, scraping, or automated data extraction tools;
• Unauthorized downloading or accessing of Exapos’s API through third-party clients; or
• Any use of the Services beyond the permitted scope specified in these Terms.

Any violation of these restrictions will terminate your license to use the Service.

9. Unsolicited Submissions: We do not accept unsolicited content, ideas, or suggestions unless requested under specific terms. To avoid misunderstandings, if you submit any unsolicited material, you agree to provide Exapos with a royalty-free, irrevocable, transferable license to use such submissions, including the rights to copy, modify, delete, adapt, publish, translate, create derivative works, and distribute them without compensation.

Exapos reserves the right to use or disclose any unsolicited submissions for any purpose. We have no obligation to keep submissions confidential, compensate you, or respond. You agree that any unsolicited submission does not infringe third-party rights and contains no unlawful, harmful, or offensive content.

Reporting Copyright and Intellectual Property Violations

Exateks adheres to the policies outlined in the Digital Millennium Copyright Act (“DMCA”) for addressing claims of copyright infringement. If you believe that your copyrighted work has been copied in a way that infringes your rights, please send a notice to our designated Copyright Agent, providing the following information:

• Signature: Your electronic or physical signature or that of the individual authorized to act on behalf of the copyright owner.
• Identification of Work: A detailed description of the copyrighted work you believe has been infringed.
• Location of Infringing Material: A description of the specific location on our site(s) where the infringing material can be found.
• Contact Information: Your address, phone number, and email address.
• Statement of Good Faith: A declaration that you believe in good faith that the use of the content in question is unauthorized by the copyright owner, its agent, or the law.
• Accuracy Statement: A statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Upon receipt of a compliant DMCA notice, Exapos reserves the right, at its sole discretion, to remove or disable access to allegedly infringing content without prior notice. In cases of repeat infringement, we may also terminate user accounts.

For all copyright infringement notices, please contact our Copyright Agent at:
Email: legals@exateks.com
Attn: MMS

Disclaimer of Warranties

THE SERVICE, INCLUDING ALL RELATED CONTENT, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER WE NOR ANY OF OUR AFFILIATES, EMPLOYEES, OFFICERS, CONTRACTORS, SUPPLIERS, LICENSORS, OR AGENTS (COLLECTIVELY REFERRED TO AS THE “EXAPOS PARTIES”) MAKE ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICE, EXAPOS CONTENT, USER-GENERATED CONTENT, OR THE SECURITY OF INFORMATION TRANSMITTED TO OR THROUGH THE SERVICE. EXAPOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND FREEDOM FROM COMPUTER VIRUSES OR MALWARE.

THE EXAPOS PARTIES DO NOT GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM HARMFUL ELEMENTS, INCLUDING VIRUSES AND SECURITY BREACHES. WE DO NOT MAKE REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR OWN RISK, AND YOU ASSUME ALL RESPONSIBILITY FOR COMPLIANCE WITH APPLICABLE LAWS. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.

BY ACCESSING AND USING THE SERVICE, YOU AFFIRM THAT YOUR ACTIONS ARE LAWFUL IN THE JURISDICTION WHERE YOU USE THE SERVICE. THE EXAPOS PARTIES ARE NOT LIABLE FOR ANY HARM RESULTING FROM CONTENT ON THE SERVICE, AND WE DISCLAIM ANY RESPONSIBILITY FOR LOSSES, DAMAGES, OR LIABILITIES ARISING FROM YOUR RELIANCE ON OR USE OF ANY SERVICE CONTENT.

License Restrictions 

ANY ATTEMPT TO DISRUPT OR MANIPULATE THE LEGITIMATE OPERATION OF THE SERVICE IS PROHIBITED AND MAY VIOLATE APPLICABLE CRIMINAL AND CIVIL LAWS. WITHOUT LIMITING OTHER AVAILABLE REMEDIES, EXAPOS MAY RESTRICT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AND ACCESS TO THE SERVICE IF WE BELIEVE THAT YOU HAVE VIOLATED THESE TERMS OR ENGAGED IN ILLEGAL OR IMPROPER ACTIVITIES. ACCOUNT TERMINATION MAY RESULT IN THE LOSS OF ANY USER CONTENT, BENEFITS, PRIVILEGES, AND ITEMS ASSOCIATED WITH THE SERVICE, WITHOUT ANY OBLIGATION ON OUR PART TO PROVIDE COMPENSATION.

ADDITIONALLY, WE RESERVE THE RIGHT TO LIMIT, SUSPEND, OR TERMINATE THE SERVICE OR YOUR ACCOUNT IF WE DETERMINE THAT YOUR ACTIONS CREATE POTENTIAL LEGAL LIABILITIES, INFRINGE ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, OR VIOLATE THE SPIRIT OF THESE TERMS OR OUR POLICIES. ACCOUNTS ASSOCIATED WITH REPEATED INFRINGEMENTS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS MAY ALSO BE SUBJECT TO SUSPENSION OR TERMINATION.

Exateks may discontinue or withdraw support for the service or any part of it at any time, permanently or temporarily, without any obligation to provide refunds or compensation.

Limitation of Liability and Waiver 

UNDER NO CIRCUMSTANCES WILL THE EXAPOS PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND, WHETHER DIRECT, INDIRECT, ECONOMIC, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL, ARISING FROM OR RELATED TO THE SERVICE, OUR CONTENT, USER CONTENT, OR YOUR USE OR INABILITY TO USE THE SERVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RELATED TO (A) THE PERFORMANCE OF THE SERVICE; (B) ACTIONS TAKEN AS PART OF AN INVESTIGATION BY EXAPOS OR LAW ENFORCEMENT; (C) ERRORS OR OMISSIONS IN SERVICE OPERATION; AND (D) SECURITY BREACHES, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL THE EXAPOS PARTIES’ LIABILITY TO YOU EXCEED $100, EVEN IF THE EXAPOS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF YOU INCUR ANY DAMAGES ARISING OUT OF OUR ACTIONS OR OMISSIONS, THOSE DAMAGES ARE NOT DEEMED IRREPARABLE, NOR ARE THEY GROUNDS FOR INJUNCTIVE RELIEF TO PREVENT ANY EXPLOITATION OR USE OF THE SERVICE OR ANY OTHER EXAPOS PROPERTY. BY USING THE SERVICE, YOU WAIVE ANY RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, OR USE OF ANY EXAPOS-OWNED OR -CONTROLLED PROPERTY.

BY ACCESSING THE SERVICE, YOU AGREE THAT YOU MAY BE WAIVING RIGHTS TO CLAIMS THAT ARE CURRENTLY UNKNOWN OR UNSUSPECTED, AND YOU EXPRESSLY WAIVE ANY RIGHTS PROVIDED UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE (OR ANY SIMILAR STATUTE) WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN, MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR.”

Third-Party Content and Responsibility 

EXAPOS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE EXAPOS FROM ANY CLAIMS OR DAMAGES, KNOWN OR UNKNOWN, ARISING FROM DISPUTES WITH SUCH THIRD PARTIES.

Indemnification 

You agree to defend, indemnify, and hold harmless Exateks, its affiliates, officers, employees, agents, and licensors (collectively, the “Exateks Parties”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising from or related to any of the following:

Your Content and Use of the Service: Any claims arising out of or related to the content you provide or actions taken through your access to or use of the Service.

Breach of Terms: Any alleged or actual breach by you of these Terms.

Third-Party Rights Violations: Any infringement or violation by you of a third-party’s rights, including but not limited to intellectual property, publicity, confidentiality, property, or privacy rights.

Violation of Laws and Regulations: Any failure by you to comply with any applicable laws, rules, regulations, codes, statutes, ordinances, or orders from governmental or quasi-governmental authorities.

Misrepresentation: Any misrepresentation made by you in connection with your use of the Service.

If requested by Exapos, you agree to cooperate fully in the defense of any claim. Exapos reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree not to settle any such matter without Exapos’s prior written consent. All costs and expenses associated with your indemnification obligations will be solely your responsibility.

Arbitration

Except for instances where you choose to opt out, or for disputes concerning intellectual property (including, but not limited to, trademarks, trade dress, domain names, trade secrets, copyrights, and patents—referred to as “Excluded Disputes”), you agree that any disputes arising between you and Exapos in relation to these Terms, your use of the Service, or matters concerning privacy or publicity rights shall be resolved exclusively through binding, individual arbitration. This arbitration will follow the International Centre for Dispute Resolution Canada (ICDR^® Canada) rules for consumer-related disputes, and both parties explicitly waive any right to a jury trial.

Claims can only be brought in an individual capacity, meaning neither party may participate in class action or class-wide arbitration proceedings. You also agree not to join or represent any claims involving third-party accounts if Exapos is a party to the proceeding. This arbitration provision is governed by the Federal Arbitration Act.

If ICDR^® Canada cannot schedule a hearing within 160 days of filing, either party may elect to have the dispute handled through the Judicial Arbitration and Mediation Services (JAMS). The arbitrator’s decision may be confirmed in any court with jurisdiction. Furthermore, the arbitrator may not award any relief that contradicts these Terms.

Opting Out of Arbitration 

You may opt out of this arbitration agreement by notifying us in writing within 30 days from when you first agreed to these arbitration terms. This written notice should include your name, residential address, phone number, account username, and a clear statement expressing your wish to opt out of arbitration. Please send the opt-out notice electronically to:

Email: legals@exateks.com

Exateks, ATTN: Legal Department

Opting out will exempt both you and Exateks from mandatory arbitration.

Should the restriction on class actions or representative claims be deemed unenforceable, this entire arbitration provision shall be considered null and void. This arbitration agreement will remain effective even if your relationship with Exapos ends.

Limitation on Claims Timeframe

You agree that any claim related to or arising from your relationship with us must be initiated within one year from when the claim arose. Any claims filed after this period will be permanently barred.

Governing Law and Jurisdiction 

These Terms shall be governed by the laws of the Province of Ontario, disregarding principles of conflict of laws. They are explicitly not governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. For any legal action relating to arbitration provisions, Excluded Disputes, or if you opt out of arbitration, you agree to resolve such disputes solely in provincial or federal courts located Ontario, Canada.

Termination 

We reserve the right to terminate this Agreement at any time, with or without notice, for any reason.

Severability and Waiver 

If any part of these Terms is found to be unlawful, void, or unenforceable in arbitration or by a court of competent jurisdiction, that provision will be considered severable from the rest of the Terms and will not impact the enforceability of remaining provisions. Our failure to enforce any part of these Terms will not be construed as a waiver of that provision or any other right. No waiver of these Terms shall constitute a further or continuing waiver of that or any other term.

Entire Agreement 

By using the Service on behalf of a legal entity, you confirm you have the authority to bind that entity to these Terms. These Terms represent the entire agreement between you and Exapos regarding your use of the Service, superseding any previous agreements. You may not assign these Terms or delegate any rights or obligations under them without our prior written consent; any attempt to do so without our consent will be void. We may assign our rights or delegate responsibilities under these Terms, and these Terms shall benefit and be enforceable by our successors. Neither the parties’ course of conduct nor industry practices will modify these Terms. These Terms do not create third-party beneficiary rights.

Geographic and Export Restrictions 

The Service and related content are not intended for distribution or use in jurisdictions where it would be contrary to local laws or regulations, or where it would require us to register under such jurisdictions. We reserve the right to limit access to the Service, in whole or in part, to specific persons, geographic areas, or jurisdictions at our discretion. Content, services, programs, or features may be restricted in availability as we see fit.

Language and Control 

These Terms are drafted in English (US). If there are any inconsistencies between this English version and translated versions, the English version will govern.