Terms & Conditions

    Terms of Services

    Last updated May 4, 2023

    This is the Exodata Corp terms-of-service agreement, collectively referred to as “Exodata”, “us”, “we”) website (the “Website”). The “Website” collectively refers to all websites owned and operated by Exodata, listed here. These terms also apply to the use of our Mobile Applications. Through our Website and our Applications we may provide product information, customer support and product registration services, opportunities to purchase products, promotional offers or contests, links to relevant third parties’ websites, means to communicate directly with us, and other features and services that we may elect in our discretion to include in the Website and Mobile Applications (the “Services”). These terms and conditions and notices (“Terms of Use” or “Agreement”) set forth the binding and enforceable agreement between Exodata and you (“you”, “visitor”, or “user”) for your use of our Services.

    BY USING OUR SERVICES, THROUGH DOWNLOADING, INSTALLING, ACCESSING OR USING OUR WEBSITE, MOBILE APPLICATIONS YOU ARE INDICATING YOUR AGREEMENT WITH THESE TERMS OF USE. WE MAY MODIFY THESE TERMS OF USE FROM TIME TO TIME IN OUR SOLE DISCRETION BY PUBLISHING THE NEW TERMS HERE OR AS OTHERWISE REQUIRED BY APPLICABLE LAW. YOUR CONTINUED USE OF OUR SERVICES AFTER THE MODIFICATIONS HAVE BEEN PUBLISHED HERE INDICATES YOUR ACCEPTANCE OF THE NEW TERMS OF USE. YOU AGREE YOU HAVE READ CAREFULLY AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OUR SERVICES AND EXIT IMMEDIATELY.

    STATE AND FEDERAL CIVIL AND CRIMINAL LAWS ALSO APPLY TO YOUR CONDUCT AND ACTIVITIES IN RELATION TO OUR SERVICES. Exodata RESERVES THE RIGHT TO REPORT ANY ACTIVITY THAT Exodata REASONABLY BELIEVES IS IN VIOLATION OF APPLICABLE LAW TO THE RELEVANT AUTHORITIES AND TO COOPERATE IN ANY RESULTING GOVERNMENTAL ACTIONS OR INVESTIGATIONS.

    You may be presented with additional terms, codes of conduct or guidelines that govern use of specific features or Services included in the Website or our Applications (“Additional Terms”) in such a way that your agreement to those Additional Terms may be required before you will be permitted to access or use those features or Services. To the extent that any of the provisions contained in these Terms of Use conflict with the Additional Terms, these Terms of Use shall control; provided that to the extent of any conflict between these Terms of Use and an end-user license agreement applicable to any download or subscription to software, including patches, expansion packs, games, tools and utilities (“EULA”), the terms and conditions of the EULA shall control.

    LICENCE TERMS AND CONDITIONS

    These terms and conditions (“Terms”) set out important information regarding the rights, obligations and restrictions that may apply to you as a “User” when you access our “Website” at www.ExoData.ai and/or access, use or download any ExoData “Application” available on “Devices” such as cell phones, tablets, and personal computers, and any “Services” offered in conjunction with the Application or Website. The Services may include content and media identification and exploration and, in some cases, access to related “Third Party Applications and/or Sites” that can be used in conjunction with the Services (for example, e-commerce providers, social networking sites, sites accessible via QR codes, information and access feature providers). The Application is licensed, not sold, to you by Exodata for use subject to these Terms. Exodata and/or its licensors retain ownership of the

    Application itself and reserve all rights not expressly granted to you. The Services, where not specifically provided otherwise, are supplied by Exodata as defined below.

    Any unauthorized use of our Services by you automatically terminates this license. Any rights not expressly granted herein are reserved.

    For any Software not accompanied by a EULA, Exodata hereby grants to you a revocable, personal, non-transferable license to download and use the Software for your own internal, non-commercial purposes only. Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. Any violation of these terms by you automatically terminates this license to the Software.

    ELIGIBILITY

    By using our Services, you represent and warrant that (a) all registration information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. For users 13 years old to 17 years old, you are also affirming that you are either an emancipated minor, or that you possess legal parental or guardian consent, and that you are fully able and competent to enter this Agreement and comply with the terms of this Agreement.

    OWNERSHIP

    This Website and our applications are owned and operated by Exodata Corp inc., our affiliates and licensors. All of the content advertised, featured, displayed or offered for sale through these means, including but not limited to text, graphics, images, moving images, sounds, audio and audiovisual recordings, illustrations, and software (the “Content”), is owned by Exodata and/or its content suppliers and licensors. All elements of our Services, including the general design and Content, are protected by United States and other countries’ laws relating to intellectual property rights, including trademark, copyright, moral right, and other intellectual property rights laws. Except as authorized under applicable copyright laws, you are responsible for obtaining permission from the copyright owner before reusing any copyrighted material that is available through our Services. This Website, our Applications, their Content and all related rights shall remain the exclusive property of Exodata or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found through our Services.

    TRADEMARKS

    All trademarks, service marks and trade names of used herein (including but not limited to the Exodata and its respective logos) (collectively “Marks”) are trademarks or registered trademarks of Exodata or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without Exodata’s or the applicable Mark owner’s prior written consent. Exodata prohibits the use of our trademarks as a “hot” link on or to any other web site unless Exodata has approved establishment of such a link in advance. You may not use meta tags or any other “hidden text” using Exodata’s Marks without our express written consent.

    AVAILABILITY OF SERVICES

    We will do our best to offer you a smooth service, but we give no guarantees that

    our Services will be fault-free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services at support@ExoData.ai or by using our in-app support options, and we will attempt to correct the fault as soon as we reasonably can. We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavor to keep disruption to a minimum. New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.

    LINKING TO THIS WEBSITE

    Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules, and regulations.

    USER REGISTRATION, PASSWORD, AND SECURITY

    To access certain areas or features of our Services, you may be asked to provide us with certain information about yourself. We use this information to improve our Services and to create content that is more beneficial to our users. We maintain the privacy of your information as set forth in our Privacy Statement, located at /privacy-policy. To be permitted to access those features or Services, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. You also agree that you are entirely responsible for all activities that occur under your account, and that you will notify Exodata immediately of any unauthorized use of your account or any other breach of security. Exodata will not be liable for any loss that you may incur as a result of someone else using your password or account, even if they do so without your knowledge. Exodata reserves the right to delete accounts that are inactive for an extended period of time.

    APP PERMISSIONS

    When you use apps created by Exodata, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

    RULES OF CONDUCT FOR USER COMMUNICATIONS

    You are solely responsible for all Content posted by you or under your account to forums, chat rooms or bulletin boards or transmitted by you or under your account using the Services (“Communications”). You are also solely responsible for, and assume any and all risks associated with, reviewing and/or using any Communications. We do not endorse, edit, verify, or control any Communications nor guarantee the accuracy, integrity or quality of anything within them. Users may be held legally liable for any Communications that include material that infringes any patent, copyright, trademark, trade secret, or other proprietary right of any person or entity. You understand that by using the Website, you may be exposed to Communications that you may find offensive, indecent or objectionable. If you believe such Communications violate these rules of conduct, you may report them to us at privacy@ExoData.ai. If Exodata receives notification of a user regarding Communications which allegedly do not conform to this Agreement, Exodata may investigate the allegations and determine in good faith and at its sole discretion whether or not to remove or request the removal of the Communication, however, we expressly disclaim any representation that we will monitor or supervise Communications. Under no circumstances will Exodata be liable for any errors or omissions in any Communication or for any loss or damages of any kind incurred as

    a result of the use of any Communication posted, emailed, transmitted or otherwise made available through the Services.

    By using our Services, you agree not to:

    Upload, post, email, transmit or otherwise make available any Communication that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

    Harm minors in any way.

    Impersonate any person or entity, including, but not limited to, an Exodata official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

    Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Communication transmitted through the Services.

    Upload, post, email, transmit or otherwise make available any Communication that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

    Upload, post, email, transmit or otherwise make available any Communication that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

    Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

    Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

    Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

    Intentionally or unintentionally violate any applicable local, state, national or international law.

    Collect or store personal data about other users.

    Exodata reserves the right to terminate your access to the Services, without notice, if you violate any of the above rules of conduct.

    TERMINATION

    Exodata may terminate your access to the Services, without notice, for any reason, including, without limitation, if Exodata believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Services will immediately cease. You agree that Exodata shall not be liable to you or any third party for any termination of your access to the Services.

    DISCLAIMER OF WARRANTIES

    THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE OR OUR APPLICATIONS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Exodata AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SERVICES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SERVICES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SERVICES; (D) THE MESSAGES AND INFORMATION SENT FROM THE SERVICES BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERLINKS TO THIRD PARTIES; AND/OR (F) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL OR DATA TRANSMITTED BY USERS TO THIRD PARTIES. Exodata DOES NOT WARRANT THAT THE FUNCTIONS CONT

    AINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    EXODATA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ACCURACY. EXODATA DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF EXODATA OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

    LIMITATION OF LIABILITY

    TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER EXODATA NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO EXODATA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SERVICES.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    INDEMNIFICATION

    You agree to indemnify, defend and hold harmless Exodata, its parents, subsidiaries, affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of these Terms of Use, including any violation of the rules of conduct set forth herein; (b) any allegation that any Communication or other material that you submit to us or transmit to the Services infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Services. You agree to cooperate fully with Exodata in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms of Use.

    GOVERNING LAW AND JURISDICTION

    These Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction in which Exodata is located, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Services shall be filed only in the state or federal courts located in the jurisdiction in which Exodata is located, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

    MISCELLANEOUS

    If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms of Use constitute the entire agreement between you and Exodata regarding your use of the Services and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Exodata regarding your use of the Services. The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.

    CHANGES TO TERMS OF USE

    Exodata reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Changes to these Terms of Use will be effective when posted. You agree to review these Terms of Use periodically to be aware of any changes. Your continued use of the Services after any changes to these Terms of Use are posted will be considered acceptance of those changes.

    CONTACT INFORMATION

    If you have any questions or concerns about these Terms of Use or the Services, please contact us using the contact information provided.

    TERRITORIAL CONSIDERATIONS

    This Website is controlled and operated by Exodata. Exodata makes no representation that materials in the Website are appropriate or available for use in other locations. Those who choose to access our Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Our Services may contain references to particular Exodata products that may not be available in particular countries, territories or locations. Any such reference does not imply that Exodata, in any particular country, intends to market such products.

    DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY

    YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE AND OUR APPLICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Exodata DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH OUR SERVICES. Exodata MAKES NO WARRANTY THAT ANY SERVICE WILL BE SECURE OR ERROR-FREE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH OUR SERVICES MAY BE OUT OF DATE, AND Exodata DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH OUR SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECTS OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. IN NO EVENT SHALL Exodata AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES COMMUNICATIONS, CONTENT AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATIONS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Exodata OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

    TERMINATION

    You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. Exodata reserves

    the right to withdraw, suspend or discontinue at any time and from time to time any Content or Services available on the Website and any functionality or features in or on the Website, including the cessation of all activities associated with the Website, with or without notice.

    DISPUTES

    Any dispute or claim relating in any way to your use of any Exodata Service, or to any products or services sold or distributed by Exodata or through its website or an app store will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

    To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our office. The arbitration will be exclusively conducted by Dialogue Dispute Prevention and Resolution Inc using the American Arbitration Association’s (AAA) rules mutatis mutandis. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

    NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

    Pursuant to Title 17, United States Code, Section 512(c)(2) (the “Digital Millennium Copyright Act”), if you believe any Content, either posted by Exodata, our users, or any other party, is infringing, please contact us at the address below.

    Exo Data Corp, 2222 Ponce De Leon Blvd, Miami, FL 33134, USA

    Infringement notices need to include the following information to assist Exodata in locating the Content in question and properly investigating the notice:

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest in the Content;

    • A description of the copyrighted work or other intellectual property that you claim has been infringed;

    • A description of where the Content that you claim is infringing is located on the Website;

    • Your address, telephone number and email address;

    • A statement by you that you have a good faith belief that the disputed use of the Content is not authorized by the copyright or intellectual property owner, its agent, or the law; and

    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.

    ADDITIONAL EXODATA SOFTWARE TERMS

    The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with our Services through our Website and Applications (the “Exodata Software”).

    Use of the Exodata Software. You may use Exodata Software solely for purposes of enabling you to use our Services as provided by Exodata, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Exodata Software into other programs or compile any portion of it in combination with other programs, or otherwise

    copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Exodata Software in whole or in part. All software used in any Exodata Service is the property of Exodata or its software suppliers and is protected by United States and international copyright laws.

    Use of Third Party Services. When you use our Services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.

    No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with our Services, whether in whole or in part.

    We may offer automatic or manual updates to the Exodata Software at any time and without notice to you.

    In the event of any conflict between these Conditions of Use and any other Exodata or third-party terms applicable to any portion of Exodata Software, such as open-source license terms, such other terms will control as to that portion of the Exodata Software and to the extent of the conflict.