Terms of Service

Last updated: Feb 1, 2024

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Welcome to Hexus AI! We’re excited to help you capture on screen activity for your business purposes.

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Please read these Terms of Service (these “Terms”) carefully, as they constitute a legally binding agreement between Hexus AI, Inc., a Delaware corporation (“Hexus AI,” “we,” “us” or “our”) and an end-user ( “you” and “your”) and apply to your use of our Services (as defined). In case you are utilizing the Services as a representative of or on behalf of an entity (e.g. your employer, collectively the “Client”), your acceptance of these Terms also binds the Client.  

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These Terms attach to any purchase made on our website. By accessing or using the Services in any way, you represent that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with Hexus AI, and (3) you have the authority to enter into these Terms personally or on behalf of the Client. If you, or the Client, do not agree to be bound by these Terms, you may not access or use the Services. You, or the Client as the case may be, will be legally and financially responsible for all actions using or accessing the Services including the actions of anyone you allow to access your Account. 

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THESE TERMS CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THESE TERMS, YOU AND HEXUS AI AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION.

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  1. Acceptance of these Terms 

You hereby agree to accept these Terms by (a) either using our Service, or (b) by opening an account under a username. BEFORE YOU DO EITHER OF THOSE, PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE OR SET UP AN ACCOUNT. 

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You also agree to abide by other Hexus AI rules and policies, including our Privacy Policy (which explains what information we collect from you and how we protect it) that are expressly incorporated into and are a part of these Terms. Please read them carefully.

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Once you accept these Terms you are bound by them until they are terminated. See Section 11 (Term and Termination).

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  1.  Using the Services

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  1. What We Provide. The services include but are not limited to a software-as-a-service platform (“Platform”), our website, and any other content we create or application we deploy (collectively, the “Services”), which include the provision of tools that allow you to capture activities observable on a computer screen and avail the Platform’s content generation capabilities to generate content that is usable for your purposes (e.g. how-to tutorials for customers, internal training, feedback for internal teams, product use audits, etc.).

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  1. Right to Use. Subject to your compliance with these Terms, Hexus AI grants you certain rights in the Services (see Section 4 for more details on use and Intellectual Property Rights (as defined) under these Terms) and use of the Platform.

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  1. Service Updates. You understand that the Services are evolving and features and benefits you receive upon your subscription may change as well. You acknowledge and agree that Hexus AI may update the Services with or without notifying you, including adding or removing features, products, or functionalities, with or without changing our Terms (see Section 8 for changes to Terms).

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  1. ‍Third Parties. We utilize certain third-party service providers (our “Providers”) for certain functionality. For instance, certain aspects of the Services (e.g. artificial intelligence tools) may require your content to be sent to a third-party LLM provider via their API for processing and results are returned and stored on our Platform. You understand and agree that when you use these aspects of the Services, a third-party cloud provider and LLM provider will technically have access to, and will process, Your Content and share with us the results of processing that information.

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  1. Use Restrictions. You agree to not, directly, or indirectly (and will not permit any third party) to:
  1. do anything with the Services other than use them for your own use, including not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services;
  2. use Hexus AI’s name, trademarks, service marks, trade names, designs, logos, photos, or any other materials we make available via the Services, except as allowed by these Terms;
  3. remove, alter, or destroy any copyright notices or other proprietary markings (trademarks, service marks or other proprietary notices) contained on or in the Services or infringe Hexus AI’s Intellectual Property Rights (as defined);
  4. copy, modify, translate, adapt, merge, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Services other than as expressly permitted by these Terms or enabled by the Services’ intended functionality;
  5. reverse engineer, duplicate, decompile, disassemble, or decode the Services, or otherwise extract the source code of the software of the Service;
  6. use any robot, spider, crawler, scraper, avatar, miner or other manual or automated means to access the Services, “scrape” or download data from any part of our Service;
  7. upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services; 
  8. violate any applicable law or regulation in connection with your access to or use of the Services;
  9. disrupt or hinder (or try to do so) any of the Service's web pages, connected servers or networks, or technical systems of a Provider, or not follow protocols or guidelines linked to the Service; 
  10. try to detect, scan, or test any vulnerabilities of the Services or any of our or our Provider’s system or network, or breach or override any security or authentication protections for the Services; 
  11. pretend to be someone else or falsely represent your association with any other entity;
  12. access the Service in ways that aren't authorized by this Agreement; 
  13. leverage the Service to develop competing products or allow the same for a third-party;
  14. transmit, distribute, publish, use, or otherwise make available, through or in connection with the Services:

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  1. anything that is or may be (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory; (iii) fraudulent or tortious; or (iv) obscene, indecent, pornographic, offensive, or otherwise objectionable;
  2. any material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, or that is harmful to minors in any way.
  3. any material that would give rise to criminal or civil liability; that encourages violence or other criminal conduct; or that encourages or provides instructional information about violent, offensive, or illegal activities; or
  4. any material that abuses, stalks, threatens, or otherwise violates the legal, privacy, publicity, or other rights of others.

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In all cases, Hexus AI will determine in our sole discretion whether any action of an end-user violates the above rules. We reserve the right to remove any offending content, terminate or limit the visibility of your Account, and notify third parties, including law enforcement, and provide those third parties with information relating to your Account.

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  1.  Creating an Account

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  1. Registration. To access or use certain features of the Services, you must register for an account (“Account”) and provide information as prompted by the account registration flow.  You represent and warrant that: (a) all registration information you submit is truthful and accurate; and (b) you will maintain and promptly update such information to keep it true, accurate, current, and complete. You may delete your Account at any time, for any reason in accordance with Section 10(d).

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  1. Eligibility. The Services are only available to end-users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent and warrant that you are at least 18 years of age or over the age of majority in the state or country where you are a resident or citizen. You are not eligible to be an end-user if you are barred from using the Services under the laws of the United States or any other applicable jurisdiction, including pursuant to Section 15 (Export Control) in these Terms. 

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  1. User Information & Credentials. When you create an Account with Hexus AI, you will be asked to choose a username and password. You acknowledge and agree that you are exclusively responsible for the security and confidentiality of your login credentials and for all use of the Services and all related charges that may arise from such use of the Services in connection with your login credentials, with or without your knowledge. You agree that you will monitor your Account. You are responsible for any use of your credit card or other payment instrument (e.g., PayPal). You may not share your Account or password with anyone, and you agree to notify Hexus AI immediately of any actual or suspected unauthorized use of your Account, your password or any other breach of security as related to the Services, including on any hardware device which you may use to access our Services. Notwithstanding the foregoing, and subject to your subscription order, corporate account-holders may generate log-in credentials for other team members.

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  1. ‍Intellectual Property Rights, Ownership and Grants 
  1. Hexus AI’s Rights.
    The Services utilizes technology, capabilities and contain certain materials provided by us as well as our licensors, including but not limited to, all proprietary content, information, software, images, text, graphics, illustrations, logos, photographs, audio, video, and music. Hexus AI and its licensors reserve all ownership and Intellectual Property Rights to all parts of our Services. For the purposes of these Terms, “Intellectual Property Rights” means all (i) patents, patent disclosures, and inventions (whether patentable or not), (ii) trademarks, (iii) copyrights and copyrightable works (including computer programs), and rights in data and databases, and (iv) all other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world. Your use rights, as set out under Section 2 above, are subject to compliance with these Terms and the payment of the fees applicable to your subscription.

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  1. Hexus AI Grants You.
    Subject to your compliance with these Terms, Hexus AI grants you:

        (a) a non-exclusive, non-transferable, non-sublicensable, revocable license to install and use an object code copy of the browser extension or SDK associated with the Service;

         (b) a non-exclusive, non-transferable, non-sublicensable, revocable right to use the Platform;

          In addition to the content generated using our Services, 'Your Content' includes, but is not limited to, any material you or your licensors make available through the Services, such as materials you utilize with our Services, upload to, or transmit via the Platform. This encompasses screen captures of your websites or those of any party who has granted you permission, as well as any content created using our Services. Hexus AI does not claim any ownership of Your Content or assert any rights under your Intellectual Property Rights, except as expressly granted under these Terms.

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  1. Rights You Grant Us. 
  1. When you upload Your Content on, or have Your Content processed through the Services, you represent that you have the right to do so and will indemnify Hexus AI according to Section 9 (Indemnification) against any breach of this representation. You hereby grant Hexus AI a worldwide, royalty-free, sublicensable license to host, store, cache and distribute (“Handle”) Your Content. This license to Handle is solely for the purpose of us and our Providers providing you the Services.  It does not grant Hexus AI the right to use or share your Confidential Information off-Platform (except as necessary under law or to make Your Content available to Providers solely for the purpose of providing such Services).
  2. You agree that submission of any ideas, suggestions, documents, and/or proposals to Hexus AI (“Feedback”) is at your own risk and that Hexus AI has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Hexus AI a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable and transferable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback for any purpose. 

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  1. Aggregate Stats 

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Hexus AI shall monitor your use of the Services, including the Platform, and collect and compile data and information related to all such use in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Platform (“Aggregated Statistics”). Such Aggregated Statistics are wholly owned by the Company with all rights reserved. operating, developing, providing, promoting, and improving the Services.

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  1. Communications

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By entering into these Terms or using the Services, you agree to receive communications from us, including via email, and/or push notifications. Communications from us and our affiliated companies may include, but are not limited to, the following: operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, and news concerning Hexus AI.

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  1. Term and Termination

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  1. Term. These Terms commence on the earlier of the date you first used the Services or the date when you accepted these Terms, and these Terms will remain in full force and effect while you use the Services, unless terminated earlier in accordance with this Section 7.

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  1. Termination by Hexus AI. If you have breached any provision of these Terms, if Hexus AI is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), or if it is commercially impracticable for Hexus AI to provide the Services, Hexus AI has the right to, immediately and without notice, suspend or terminate any of the Services provided to you. You agree that all terminations will be made at Hexus AI’s sole discretion and that Hexus AI will not have any liability whatsoever to you or any third party for any suspension or termination.

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  1. Termination by You. Other than the clauses which survive any expiry or termination of these Terms, these Terms shall not apply to you upon the earlier of (i) your/Client’s notice to us requesting Services to no longer be provided, or (ii) deletion of applicable Accounts by emailing us at team@hexus.ai

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  1. Effect of Termination. If the Services are terminated for any reason, your use rights in respect of the full features of the Services shall cease, provided however, you may have limited access and download rights in respect of your Account and all files stored on our Platform in respect of your Account. 

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  1. Survival. The following Sections shall survive any termination of your use right: This Section 7(e), Sections 4(a), 4(b), 4(c)(ii), 10, 12, 13, 14, 16, 18, and 21.  

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  1. Subscription, Fees and Payment.
  1. While we reserve the right to offer free trials to an end-user solely at our discretion on terms we see fit, use of our Services shall generally be subject to payment of applicable fees (“Fees”) and you agree to pay such Fees through the payment methods available on our website. We may run promotions or offer other discounts at our discretion, including in respect of annual subscriptions or multi-user subscriptions. 
  2. Payments are not subject to any refunds. If you cancel your subscription part way through a billing cycle (e.g. in the middle of a month), you will not receive any pro-rated fees. In the rare instance we cannot provide you, or choose to end your Account at our discretion,  we shall provide you a pro-rated refund for all payments made to us in respect of your subscription.
  3. Fees shall be charged in US dollars, and you agree to pay all applicable taxes in respect of the Fees.
  4. Your subscription may be subject to auto-renewal.
  5. We do not keep any credit card information. All payment processing is executed by our Providers and their terms apply to the handling of your personal and payment processing information, as applicable.

 

  1. Changes to Terms

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These Terms are subject to occasional revision by Hexus AI. When changes are made, Hexus AI will make a new copy of these Terms of Service available on its website and on the Platform. We will also update the date at the top of these Terms. If we make any substantial changes, and you have registered with us to create an Account, we will also send an email to you at the last e-mail address you provided to us to notify you. Any changes to these Terms will be effective immediately for new registered users of the Services and will be effective 30 days after posting notice of such changes on the website for existing registered end-users, provided that any material changes will be effective for end-users who have an Account with us upon the earlier of 30 days after posting notice of such changes on the Site or 30 days after dispatch of an e-mail notice of such changes to such users. Hexus AI may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. IF YOU DO NOT AGREE TO ANY CHANGES AFTER RECEIVING NOTICE OF SUCH CHANGE(S), YOU WILL STOP USING THE SERVICES. OTHERWISE, YOUR CONTINUED USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

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  1. Indemnity

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You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Hexus AI, our affiliates, directors, officers, stockholders, employees, licensors, and agents (“Hexus AI Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your breach of these Terms, any rights of another party or any applicable law or regulation; or (c) your negligence or willful misconduct. Hexus AI reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hexus AI in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, these Terms and/or your access to the Services.

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  1.  Disclaimer of Warranties and Conditions.

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  1. You expressly understand and agree that, to the extent permitted by applicable law, your use of the Services is at your sole risk, and the Services are provided on an “as is” and “as available” basis, with all faults. Hexus AI expressly disclaims all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

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  1. Except as explicitly provided hereunder, Hexus AI makes no warranty, representation, or condition with respect to the Services, including but not limited to, the quality, effectiveness, reputation, and other characteristics of the Services. Hexus AI makes no representation or warranty that the Services will be uninterrupted, error-free, or timely. The Services may be subject to delays, cancellations, and other disruptions. 

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  1. No advice or information, whether oral or written, obtained from Hexus AI or through the Services will create any warranty not expressly made in these Terms.

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  1. Limitation of Liability

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  1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HEXUS AI BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICE, IN EACH CASE WHETHER OR NOT HEXUS AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES. 

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  1. Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND THE HEXUS AI PARTIES WILL NOT BE LIABLE BEYOND THE GREATER OF (i) $100 USD, (ii) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION. 

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SOME COUNTRIES, STATES, PROVINCES, OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED IN THIS SECTION, SO THE TERMS HEREIN MAY NOT FULLY APPLY TO YOU. 

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  1. Governing Law and Dispute Resolution

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  1. Governing Law. These Terms and all related documents including all exhibits attached hereto, and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with, the laws of the State of California, without giving effect to the conflict of laws provisions thereof.  

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  1. Arbitration. You and Hexus AI agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services will be resolved by binding arbitration, rather than in court, except that: (1) you and Hexus AI may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Hexus AI may seek equitable relief in court for infringement or other misuse of Intellectual Property Rights. 

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  1. Waiver of Jury Trial. YOU AND HEXUS AI HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Hexus AI are instead electing that all disputes will be resolved by arbitration under these Terms, except as set out under Section 12(b) above. 

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  1. Waiver of Class and Other Non-Individualized Relief. YOU AND HEXUS AI AGREE THAT, EXCEPT AS SPECIFIED IN SECTION, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. 

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  1. Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision in these Terms with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Section 12 and any arbitration proceedings. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the AAA Commercial Arbitration Rules then in effect in the city of San Francisco, California, by one arbitrator alone and such arbitrator will have exclusive authority to resolve any dispute, including, without limitation, disputes arising out of or related to the interpretation or application of this Section 12, including the enforceability, revocability, scope, or validity of the arbitration requirement or any portion of this Section 12.

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  1. International Use

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The Services can be accessed from countries around the world and may contain references to features and services that are not available in your country. Hexus AI makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

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  1. Severability, Waiver

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If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

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  1. Export Control

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You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law. You acknowledge and agree that products, services, or technology provided by Hexus AI are subject to the export control laws and regulations of the United States. You will comply with these laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Hexus AI products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.

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  1. Notice

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All notices required or permitted under these Terms will be in writing, will reference these Terms, and will be deemed given: (i) when delivered personally; (ii) one business day after deposit with a nationally recognized express courier, with written confirmation of receipt; (iii) three business days after having been sent by registered or certified mail, return receipt requested, postage prepaid, or (iv) when sent by email, on the date the email was sent if sent during normal business hours of the receiving party, and on the next business day if sent after normal business hours of the receiving party. In the event that the last e-mail address you provided to Hexus AI is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Hexus AI’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Hexus AI at the following email address: team@hexus.ai

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  1. Assignment

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These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Hexus AI’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Hexus AI may assign these Terms and any other right or obligation to a party without any consent or notification requirement to you.

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  1. Force Majeure

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Hexus AI will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.

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  1. Final Terms

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These Terms, along with any Hexus AI ordering document as found on Hexus AI’s website, make up the final, entire, and exclusive agreement between you and Hexus AI with respect to the subject matter hereof and supersede any prior agreements and discussions, both written and oral, with respect to such subject matter. No purchase order or other document issued by you in respect of our Services shall control unless we have expressly agreed to do so in writing and specified which clauses in particular in these Terms are overridden by such other documents. 

 

  1. Contact Us

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We welcome comments, questions, concerns, or suggestions. Please send us any inquiries at team@hexus.ai or find more information about us visiting https://www.hexus.ai/ .

447 Sutter St
San Francisco, CA 94108
Backed by