The Term of Service are for the use of XDEX, a product and service from 10XTS, Inc. Therefore when we use the term “Company”, “we”, “our”, or “us” in this document, we are referring to 10XTS, Inc. Likewise, the use of “Services”, applies to XDEX, xtsCore, and any other products and services used as part of the delivery of XDEX. We may update these Terms of Service in the future. When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability. If you violate of any of the terms, we may terminate your account. That’s a broad statement but is required to ensure the trust and integrity of all account holders. Account Terms 1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. 2. You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account. 3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. Payment, Refunds, and Plan Changes 1. Payments are currently managed by working with your account manager. 2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties. Cancellation and Termination 1. You are solely responsible for properly canceling your account. Contact your account manager to discuss cancellation and archiving of data. 2. All of your content will be inaccessible from the Services immediately upon cancellation. Within 30 days, all content will be permanently deleted from active systems and logs except for Blockchain records. Within 60 days, all content will be permanently deleted from our backups except for where regulations do not allow. We cannot recover this information once it has been permanently deleted. If you want to export any data before your account is cancelled, inform your account manager. 3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle. 4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause to protect the integrity of data and services for all accounts. 5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination. Modifications to the Service and Prices 1. XDEX is based on Blockchain technology. While Blockchain is intended to create a permanent record, the technology is still relatively new and evolving. Therefore, there is a potential that an active chain may be archived, with data and block verification still available. As Services evolve, we reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice. 2. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves. Uptime, Security, and Privacy 1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our. 2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers. 3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet as well as the internal systems network. Data is also encrypted when stored. 4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Company may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons: o To help you with support requests you make. We’ll ask for express consent before accessing your account. o To safeguard XDEX. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation. o To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act. If a non-US authority approaches Company for assistance, our default stance is to refuse unless the order has been approved by the US government or the associated Financial Investment is withing that country’s legal jurisdiction, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. 5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. 6. Under the California Consumer Privacy Act (“CCPA”), 10XTS is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Service, Privacy policy, and other policies. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use 10XTS’s Services in a way that violates the regulations. Copyright and Content Ownership 1. All content posted on the Services must comply with U.S. copyright law. 2. We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours. 3. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service. 4. The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logo or any Service logos for promotional purposes. Please contact requests to use logos. We reserve the right to rescind this permission if you violate these Terms of Service. 5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company. 6. You must not modify another website so as to falsely imply that it is associated with the Services or the Company. Features and Bugs We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations. We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services. Liability We mention liability throughout these Terms but to put it all in one section: You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.