Terms of
Service

SECTION I. INTRODUCTION

MOKXA TECHNOLOGIES, LLC (“Mokxa,” “we,” “us,” or “our”) welcomes you (“you” or “your”). We provide you access to our products and services (our “Product(s)”) through our website (our “Website”) subject to these terms of use, which may be updated by us from time to time with or without notice to you (“Terms of Use”). By using our Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to any of these terms, then you are not permitted to use the Website, or any affiliated application, software, product or platform (collectively with the Website, the “Platform”). The Platform is offered and available to users who are 18 years of age or older.

BY ACCESSING OR USING THE PLATFORM, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY.

If you are an individual acting on behalf of an entity, you represent and warrant that you have the authority to accept these Terms of Use on behalf of such entity. If you do not wish to accept the Terms of Use stated herein, please do not register, access, or use the Platform.

SECTION II. ACCESS AND USE OF THE PLATFORM

License: Subject to your ongoing compliance with these Terms of Use, Mokxa grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform solely for your personal, lawful, and non-commercial use. This license is conditioned on your retention and acceptance of all copyright, trademark, and other proprietary notices contained in any content accessed through the Platform. Any rights not expressly granted herein are reserved by Mokxa and its licensors. You shall not, and shall not permit others to, reproduce, distribute, modify, publicly perform or display, republish, download, store, transmit, create derivative works from, or otherwise exploit any content from the Platform, except as expressly permitted by these Terms of Use; remove or alter any copyright, trademark, or other proprietary notices; circumvent, disable, or otherwise interfere with any security features or content protections used by the Platform; use any robot, spider, crawler, scraper, or other automated means to access or interact with the Platform; reverse engineer, decompile, or disassemble any software or materials accessible through the Platform; introduce any viruses, malware, or other harmful code or technologies; use the Platform to violate any applicable law, regulation, or third-party right; or state or imply any endorsement by Mokxa of any third-party views, products, services, or causes without express prior written consent.

Modifications to Platform: Mokxa reserves the right to modify or discontinue, temporarily or permanently, the Platform, Products, or any part or combination thereof, with or without notice to you. You agree that Mokxa will not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform, Products, or any part or combination thereof.

SECTION III: CONDITIONS OF USE

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“Content”) that you upload, post, publish, or display (hereinafter, “Upload”) or email or otherwise use via the Platform. You may use the Platform only for lawful purposes and in accordance with these Terms of Use.

The following are examples of the kind of Content and/or use that is illegal or prohibited by Mokxa on the Platform. Mokxa reserves the right to investigate and take appropriate legal action against anyone who, in Mokxa’s sole discretion, violates this provision, including without limitation, removing the offending content from the Platform, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities. You agree to not use the Platform to Upload any Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; or (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable. Additionally, you agree not to Upload or otherwise transmit any Content that impersonates any person or entity or misrepresents your affiliation with any person or entity; exploits, harms, or attempts to exploit or harm minors in any way, including by exposing them to inappropriate content or soliciting personally identifiable information; promotes or facilitates criminal activity or provides instructional information about illegal conduct; or attempts to access, retrieve, or disclose materials, data, or information not intentionally made available by Mokxa.

Commercial Use: Commercial use of the Platform is permitted only as expressly authorized by Mokxa, including pursuant to a valid license, subscription, agreement, or other express written authorization. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload any portion of the Platform, its content, or your access to the Platform for any commercial purpose except as expressly permitted by Mokxa. Unauthorized commercial use is strictly prohibited.

Electronic Transactions and Disclosures: By using the Platform, you consent to receive all communications, notices, disclosures, agreements, and other documents (collectively, “Disclosures”) from Mokxa in electronic form. These Disclosures may relate to your use of the Platform, your transactions with Mokxa, or any services or products offered through the Platform. Mokxa may deliver Disclosures to you via the Platform, by email to the address you provide, or by other electronic means. You agree that all electronic Disclosures satisfy any legal requirement that such communications be in writing.

How to Contact Us regarding Electronic Disclosures: You can contact us via email at info@mokxa.com.

You agree to keep your contact information current and accurate to the extent applicable. If you provide an email address or other contact details through the Platform (including in connection with a request for a product demo or other inquiry), you agree to notify us of any changes by emailing info@mokxa.com or using any update mechanism we may provide. If, in the future, the Platform includes a user account feature, you further agree to update your registered contact information, including mailing address and telephone number, as necessary to ensure receipt of Disclosures and other communications.

SECTION IV: INTELLECTUAL PROPERTY RIGHTS

Platform Content, Software and Trademarks: The Platform, including all content, features, and functionality, such as information, software, text, graphics, images, video, audio, and design elements, is owned by Mokxa and is protected by applicable intellectual property laws, including copyright, trademark, trade secret, and patent law. You acknowledge that certain content and features made available through the Platform (“Platform Content”) are proprietary to Mokxa or its licensors. Except as expressly authorized by Mokxa in writing, you may not reproduce, modify, copy, distribute, frame, scrape, rent, lease, loan, sell, publish, create derivative works from, or otherwise exploit any portion of the Platform or Platform Content. This restriction does not apply to User Content (defined below) that you lawfully submit to the Platform. If Mokxa restricts or blocks your access to the Platform (including through IP blocking), you agree not to attempt to circumvent such measures (e.g., by using VPNs, proxy servers, or spoofing techniques). Any unauthorized use of the Platform or Platform Content is strictly prohibited. Mokxa reserves all rights not expressly granted under these Terms of Use. The underlying software, systems, and technology that support or are distributed in connection with the Platform (collectively, the “Software”) are the exclusive property of Mokxa, its affiliates, or its partners. You may not copy, modify, create derivative works of, reverse engineer, decompile, or otherwise attempt to derive the source code of the Software, nor may you sublicense, assign, or transfer any rights in the Software unless expressly permitted in writing by Mokxa. The name “Mokxa,” the Mokxa logo, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of Mokxa (“Mokxa Trademarks”). Other names, logos, and marks appearing on the Platform may be the trademarks of their respective owners. No right or license is granted to use any Mokxa Trademark, whether by implication, estoppel, or otherwise, without Mokxa’s prior written consent in each instance. All goodwill arising from the use of Mokxa Trademarks shall inure exclusively to Mokxa.

Third Party Material: Mokxa is not responsible for any third-party content, including User Content. This includes any errors, omissions, or resulting losses or damages. While Mokxa does not pre-screen such content, we reserve the right (but not the obligation) to review, remove, or restrict access to any content that violates these Terms of Use or is otherwise deemed inappropriate in our sole discretion. You are solely responsible for evaluating and assuming all risks associated with any third-party content you access through the Platform.

User Content Transmitted Through the Platform: To the extent you submit any content through the Platform, such as demo requests, inquiries, or other communications (“User Content”), you represent that you have the right to do so and grant Mokxa a nonexclusive, royalty-free license to use, store, and process such content for business and operational purposes. Any feedback, suggestions, or ideas submitted to Mokxa are deemed non-confidential and may be used freely without acknowledgment or compensation. Mokxa may preserve or disclose such content if required by law or to protect its rights, users, or the public.

SECTION V: THIRD-PARTY LINKS

The Platform may contain links to third-party websites or services (“Linked Sites”), and third-party sites may link to the Platform. Mokxa does not control or endorse any Linked Sites and is not responsible for their content, products, services, or practices, even if operated by affiliates of Mokxa. The inclusion of a link does not imply endorsement or sponsorship by Mokxa. Your use of Linked Sites is entirely at your own risk, and you are solely responsible for any consequences arising from such use.

SECTION VI: LIABILITY

Indemnification and Release: You agree to indemnify, defend, and hold harmless Mokxa, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, successors, and assigns from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (i) your use or misuse of the Platform; (ii) any content or information you submit or transmit through the Platform; (iii) your violation of these Terms of Use; or (iv) your violation of any rights of another person or entity, including intellectual property or privacy rights. This obligation shall survive termination of these Terms of Use. To the fullest extent permitted under applicable law, you also release Mokxa, its affiliates, and their respective officers, directors, employees, and agents from any and all claims or liability of any kind arising from or related to your use of the Platform. This release includes claims that are known and unknown, suspected and unsuspected, and disclosed and undisclosed. If applicable law limits or restricts this release, it shall apply to the maximum extent permissible under such law.

Disclaimer of Warranties: Your use of the Platform is at your sole risk. The Platform, including all content, functionality, and any products or services made available through it, is provided on an “as is” and “as available” basis without any warranties of any kind, express, implied, or statutory. To the fullest extent permitted by law, Mokxa expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. Mokxa does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We make no guarantees regarding the accuracy, reliability, or completeness of any content or results obtained through the Platform, or that any products, services, or information will meet your expectations. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, the disclaimers will apply to the maximum extent permitted by applicable law.

Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, MOKXA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MOKXA’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM EXCEED FIVE HUNDRED DOLLARS ($500), REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH CASES, THIS LIMITATION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING IT.

SECTION VII: TERMINATIONS

Mokxa may suspend or terminate your access to the Platform at any time, with or without notice, if we believe you have violated these Terms of Use or applicable law. Upon termination, your right to use the Platform will cease immediately.

SECTION VIII: GOVERNING LAW/ARBITRATION

These Terms of Use are governed by the laws of the State of Maryland, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved exclusively through final and binding arbitration, administered by the American Arbitration Association under its then-applicable rules. Arbitration shall take place in Maryland. You and Mokxa expressly waive the right to a jury trial and the right to participate in any class action, collective action, or other representative proceeding. The arbitrator may award all remedies available under applicable law, and the award may be entered in any court of competent jurisdiction.

This arbitration provision is intended to be interpreted broadly and applies to all claims, whether based in contract, tort, statute, or otherwise, and includes claims involving Mokxa’s affiliates, employees, or agents. The parties shall share the costs of arbitration equally unless otherwise required by law or the arbitrator. If any part of this section is found unenforceable, the remainder shall remain in effect to the maximum extent permitted by law; however, if the class action waiver is held to be unenforceable, this entire arbitration provision shall be deemed void.

SECTION IX: NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the Platform from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Products of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

SECTION X: GENERAL TERMS

These Terms of Use, in addition to the Privacy Policy, constitute the entire agreement between you and Mokxa regarding the Platform and supersede all prior or contemporaneous understandings. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Mokxa’s failure to enforce any right or provision shall not constitute a waiver of such right or provision.