Pixonomi LLC Terms of Service

By accessing the Pixonomi LLC website and/or entering into any Agreement for Services, which are further defined below, with Pixonomi LLC, you are consenting to be bound by the following terms and conditions, collectively referred to herein as the Terms of Service.

1. Definitions:

1.1. Services – encompassing all platforms, websites, products, services, and applications created, sold, or offered by Pixonomi LLC for your use.

1.2. Platform – signifies the Pixonomi LLC platform located at www.pixonomi.com

1.3. Agreement – constitutes these Terms of Service or website Terms and Conditions, the Pixonomi LLC Master Service Agreement (“MSA”), Privacy Policy, and any applicable Purchase Orders (“PO”).

1.4. Client, User, You, Your – references the company and its representatives accessing the Services, any party authorized by You to access Your Content and Data collected in connection with Services.

1.5. Campaign – denotes the planned efforts generated through the use of Services via any medium to promote Your specific objectives.

1.6. Data – encompasses all the identities and contact information that you provide or that is obtained in connection with the use of the Services.

2. Free Trial

2.1. These Terms of Service also apply to any free trial or demo. By participating in a free trial or demo of the Services, You agree to be bound by these Terms of Services.

2.2. If you choose to utilize the Services during a free trial or demo period and do not purchase a subscription before the conclusion of that period, all data stored or generated, and/or campaigns created will be permanently lost unless You enter into an Agreement with Pixonomi LLC prior to the trial or demo's end. You may export data from the platform before the trial or demo expires.

3. Use

3.1. Your use of these Services is subject to this section of the Terms of Service. Any violation of this section constitutes a material breach of these Terms of Service and, by extension, any Agreement you have with Pixonomi LLC. Such violations may lead, among other consequences, to the suspension or cancellation of your access to our Services.

3.2. Pixonomi LLC reserves the right to periodically update and modify the Terms of Service without prior notice. Any new features that modify, expand upon, enhance, or update the current Services, including the introduction of new tools and resources, will also be subject to these Terms of Service. Your continued use of the Services implies your consent to such changes. You can review the most up-to-date version of the Terms of Service at any time athttps://www.pixonomi.com/terms-conditions/

3.3. Your use of the Platform and Services is solely at your own risk.

3.4. You are responsible for maintaining the security of your account and password. Pixonomi LLC will not be held liable for any loss or damage resulting from your failure to comply with this security obligation.

3.5. You bear responsibility for the content of communications distributed using Services and Your Campaigns, even when the content is created by third parties. You shall not disseminate communications or create Campaigns that are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party’s intellectual property rights. Pixonomi LLC reserves the right to remove or discontinue the communication of any material that it deems, at its sole discretion, to be actually or potentially illegal, of a nature that could subject Pixonomi LLC to liability under any legal theory, in violation of this section, or otherwise inappropriate.

3.6. You hereby commit not to engage in the access of Services or employ any other software or application in connection with Services for purposes of spoofing, spamming, harassment, fraud, forgery, hacking, system contamination, or the illegal retrieval of information and data.

3.7. It is incumbent upon you to take all reasonable measures to verify the authenticity of electronic mail addresses and telephone numbers for SMS text messaging and emails to which any data or information is transmitted in connection with the Services.

3.8. At its sole discretion, Pixonomi LLC may unsubscribe any electronic mail address from which a spam complaint has originated. Nevertheless, you have the option, within thirty (30) days following such action, to submit a written request to Pixonomi LLC, seeking the reinstatement of that specific electronic mail address by providing a justification for such reinstatement.

3.9. All recipients of electronic mail and/or SMS messages must have expressly opted to receive them and, on the initial message, be prompted to accept ongoing communications. All messages must incorporate a mechanism for subscribers to opt out of further messages using industry-standard keywords like "STOP". Furthermore, opting into a specific mobile marketing

program does not grant permission to receive messages from any other campaign not explicitly related to that program.

3.10. In the event of a data breach experienced by either Party, the affected party shall notify the other party promptly, but no later than twenty-four (24) hours after becoming aware of the breach. Following notification, the Parties shall collaborate to investigate the data breach. Both Parties agree to reasonably cooperate with each other in addressing the matter, including, without limitation, assisting in any investigation and providing all pertinent records, logs, files, data reports, and other materials necessary to comply with applicable laws, regulations, and industry standards. The party experiencing the data breach shall make every reasonable effort to expeditiously rectify the breach and prevent any further data breaches at its own expense, in accordance with applicable rights, laws, regulations, and standards.

4. Cancellation and Termination

4.1. Upon the termination of an Agreement with Pixonomi LLC or the cancellation of Your account, Your Data shall be promptly deleted from the Platform. You are granted a 90-day window following the conclusion of a campaign or the termination of the Agreement to retrieve Your Data. It is understood that once this 90-day period elapses, Data associated with such campaign termination or account cancellation cannot be recovered.

5. Modifications to the Platform and Prices

5.1. Pixonomi LLC retains the right, at any time and at its discretion, to modify or discontinue the Services, either temporarily or permanently, with or without prior notice.

5.2. Unless mutually agreed upon in writing between You and Pixonomi LLC, all pricing for Services is subject to change upon 30 days' notice provided by Pixonomi LLC.

5.3. Pixonomi LLC shall not bear liability towards you or any third party for any alterations, price adjustments, suspensions, or discontinuances of the Platform.

6. Intellectual Property and Content Ownership

6.1. The visual design, features, and functionality of the Services, especially the Platform, are the proprietary intellectual property of Pixonomi LLC. You acknowledge and consent that the Platform, including, as permitted by law, its features and related services, contain confidential and proprietary information protected by relevant intellectual property and other legislation, including, if applicable, pending patents.

6.2. You recognize and agree that templates and other materials utilized by Pixonomi LLC in the creation of Your Campaigns and within the scope of the Services are safeguarded by copyrights, trademarks, service marks, patents, or other proprietary rights and regulations.

6.3. You pledge not to duplicate, reproduce, replicate, copy, sell, resell, or exploit any segment of the Platform, Services, or access to the Platform without obtaining explicit written consent from Pixonomi LLC.

7. Limitation of Liability

7.1. You acknowledge and consent that, to the fullest extent permissible by law, Pixonomi LLC shall not be held accountable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantages) resulting from or related to Your use of the Services. This holds true even if Pixonomi LLC has been previously informed of, or could reasonably foresee, the potential occurrence of such damages, regardless of their origin, whether arising from a breach of contract or from tort (including negligence). This encompasses, without limitation, damages stemming from:

1. The use of or inability to access the Platform.

2. Costs associated with procuring substitute services due to any Platform or Services defects.

3. Statements or actions of any third party on Pixonomi LLC's website or the Platform, including unauthorized access or modification of transmissions or data, malicious or criminal conduct, or false or fraudulent transactions.

4. Campaigns or communications disseminated by you or any third party.

7.2. The Platform will be accessible 99.95% of the time each month. Pixonomi LLC shall not be held responsible for failures or delays in performance resulting from electrical, internet, or telecommunication outages not caused by Pixonomi LLC, governmental actions, or illegal acts by third parties. You agree to collaborate with Pixonomi LLC in making reasonable efforts to mitigate the impact of such events that give rise to the failure or delay.

8. General Conditions

8.1. Violation of any of the terms outlined below will result in the termination of your account with Pixonomi LLC and/or any obligations that Pixonomi LLC may have to you under these Terms of Service.

8.2. You are prohibited from accessing Pixonomi LLC Services if you are a direct competitor, unless you obtain prior written consent from Pixonomi LLC. Furthermore, you may not access the Services for the purpose of monitoring their availability, performance, functionality, or any other benchmarking or competitive activities.

8.3. If you are entering into this agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity and its affiliates to our terms and conditions.

8.4. You acknowledge and agree that Pixonomi LLC may utilize Campaign results arising from your use of the Platform and/or Services in use-case collateral and other marketing initiatives, and may display your company name or entity as a customer on our customer list. You have the option to request removal from this list through written request.

8.5. By using the Platform and/or Services, you agree to be bound by the terms of service level agreements and terms of service of third-party vendors and hosting partners utilized by Pixonomi LLC in connection with the Platform and Services.

8.6. Any form of verbal, physical, written, or other abuse (including threats of abuse or retribution) directed towards any Pixonomi LLC customer, employee, member, manager, officer, or agent will result in the immediate termination of your account and Agreement.

8.7. You understand that the technical processing and transmission of the Platform, including your Content, may involve:

1. Transmissions over various networks.

2. Changes to conform and adapt to technical requirements of connecting networks or devices.

8.8. To the maximum extent permitted by law, Pixonomi LLC hereby disclaims all conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.

8.9. The failure of Pixonomi LLC to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

8.10. These Terms of Service, along with any Agreement you may have with Pixonomi LLC, and their performance, shall be governed by the laws of the state of Nevada, in the United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Henderson Nevada, in all questions and controversies arising out of your use of this website, the Services, and this Agreement.

8.11. YOU AND PIXONOMI LLC HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON ANY MATTERS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREUNDER, INCLUDING WITHOUT LIMITATION THE SERVICES.

8.12. In the event that any provision of these Terms of Service is held to be unenforceable, such provision will be construed as nearly as possible to reflect its original intent, and the remainder of the Terms of Service will remain in full force and effect.