Terms and Conditions

Last Updated: March 6, 2025

IMPORTANT NOTICE: BETA STATUS

PLEASE READ CAREFULLY: THIS WEBSITE AND ALL ASSOCIATED SERVICES ARE CURRENTLY IN BETA TESTING PHASE

The InfleXtion website, platform, and all related services are currently in a beta testing phase. This beta status will continue indefinitely until explicitly removed by InfleXtion in a written statement published on the website. By accessing or using our website or any associated services, you expressly acknowledge, understand, and irrevocably agree that:

1. The website may contain bugs, errors, and other issues that we are in the process of identifying and addressing

2. The website, including all features and functionalities, may change significantly or be discontinued without notice

3. Your access to and use of the beta version of the website is at your own risk

4. We make no warranties or guarantees regarding the availability, reliability, or performance of the website during this beta phase

5. We disclaim all liability for any damages, losses, or harm that may result from your use of the beta website, regardless of the cause, nature, or severity of such damages, losses, or harm

6. The beta website and services may be modified, suspended, or discontinued at any time without any prior notice

7. Any data or content you provide or create on the beta website may be lost or become inaccessible due to the beta nature of the platform

8. Security vulnerabilities or breaches may occur due to the beta status of the website

   
   

We welcome feedback on any issues or errors you encounter, which may be sent to info@inflextion.io. However, submission of feedback does not create any obligation on our part to address or resolve the reported issues. By submitting feedback, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such feedback in any form, media, or technology, for any purpose whatsoever, without attribution or compensation to you.

1. Introduction

Welcome to InfleXtion ("Company", "we", "our", "us"). These Terms and Conditions ("Terms", "Terms and Conditions", "Agreement") govern your use of our website located at www.inflextion.io and all services offered by InfleXtion.

By accessing or using our website and services, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access our website or use our services. These Terms constitute a legally binding agreement between you and InfleXtion. YOUR ACCESS TO AND USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

2. Definitions

For the purpose of these Terms and Conditions:

• "Affiliate" means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.

• "Client" refers to any individual or entity that purchases or engages our services.

• "Content" refers to text, images, graphics, audio, video, and all other forms of data or communication.

• "Service" refers to the consulting and advisory services provided by InfleXtion, including strategic business ideation, product and service development, workflow optimization, brand strategy, and organizational development.

• "User Content" means all information and content that a user submits to, or uses with, the website (such as user comments, messages, and materials submitted or uploaded to the website).

• "Website" refers to www.inflextion.com, its subdomains, and all content, services, and products provided by InfleXtion at or through the website.

• "User" refers to any individual who accesses or uses our website.

• "Terms" refers to these Terms and Conditions.

• "Third-Party Services" refers to services, content, or products provided by parties other than InfleXtion.

3. Services

3.1 Service Description

InfleXtion provides business consulting services, including but not limited to strategic business ideation, product and service development, workflow optimization, brand strategy, and organizational development.

3.2 Service Agreements

The specific details, deliverables, timelines, and payment terms of our services will be outlined in separate service agreements. Such agreements shall be considered an extension of these Terms. In the event of any conflict between these Terms and any service agreement, the terms of the service agreement shall prevail to the extent of the conflict.

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice. We will provide reasonable notice of substantial changes to services currently being provided under active service agreements, but are not obligated to do so for services accessed through our website without a specific service agreement. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the website or any part thereof.

3.4 No Guarantee of Results

While we strive to deliver high-quality services, we do not guarantee any specific results from the use of our services. Business outcomes depend on numerous factors beyond our control, including but not limited to market conditions, competitive landscape, client implementation of recommendations, and regulatory environments.

3.5 Third-Party Services

Our services may integrate with or incorporate third-party services, applications, or platforms. We are not responsible for any third-party services and disclaim all liability for such services. Your use of any third-party services is subject to the terms and conditions of use and privacy policies of such third parties. We make no warranty regarding such third-party services, whether express, implied, or statutory, and specifically disclaim all implied warranties, including any warranties of merchantability or fitness for a particular purpose with respect to such third-party services.

3.6 Service Eligibility

You represent and warrant that you are of legal age and have the legal capacity to enter into these Terms and to use the services in accordance with all terms and conditions herein. If you are using the services on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to these Terms.

4. Use of Website

4.1 User Accounts

You may be required to create an account to access certain features of our website. You are responsible for:

• Maintaining the confidentiality of your account information, including your password

• All activities that occur under your account

• Ensuring that all account information is accurate, complete, and up-to-date

• Notifying us immediately of any unauthorized access to your account or any other breach of security

• Logging out from your account at the end of each session

  
  

We reserve the right to disable any user account at any time, including if, in our opinion, you have failed to comply with any provision of these Terms. We are not responsible for any loss or damage arising from your failure to comply with these requirements.

4.2 Prohibited Uses

You agree not to use our website:

• In any way that violates applicable local, national, or international laws or regulations

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity

• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website

• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website

• To attack the website via a denial-of-service attack or a distributed denial-of-service attack

• To harvest or collect email addresses or other contact information of other users

• To engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to the website

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation

• To engage in any activity that could disable, overburden, damage, or impair the website or interfere with any other party's use of the website

• To upload, post, transmit, or otherwise make available any material that contains viruses, Trojan horses, worms, spyware, adware, or other harmful code or programs

• To violate or attempt to violate the security of the website

• For any purpose that is unlawful or prohibited by these Terms

• To facilitate or encourage any violations of these Terms

4.3 Content Submission

If you submit any content to our website, including but not limited to comments, feedback, suggestions, ideas, or other information:

• You grant us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (with the right to sublicense through multiple tiers) to use, reproduce, process, adapt, modify, publish, transmit, display, distribute, and make derivative works of such content in any form, medium, or technology now known or later developed

• You represent and warrant that you have all necessary rights to grant the above license

• You acknowledge that such content is non-confidential unless explicitly agreed otherwise in writing

• You represent and warrant that the content does not violate any third-party rights, including intellectual property rights and privacy rights

• You agree that we have no obligation to pre-screen, monitor, edit, or remove any content that you or other users submit, although we reserve the right to do so at our sole discretion

• You understand that once you submit content, you may not be able to withdraw it

4.4 Monitoring and Enforcement

We have the right, but not the obligation, to:

• Remove or refuse to post any User Content for any or no reason

• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website

• Terminate or suspend your access to all or part of the website for any violation of these Terms

4.5 Mobile Application

Any mobile application associated with our website is licensed, not sold, to you. Your license to use the mobile application is subject to your compliance with these Terms. We reserve all rights not expressly granted to you. You may not:

• Modify, reverse engineer, decompile, or attempt to extract the source code of the application

• Remove any copyright, trademark, or other proprietary notices from the application

• Use the application in any way that violates these Terms

5. Intellectual Property

5.1 Company Content

Unless otherwise noted, all content on our website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of InfleXtion or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The compilation of all content on this website is the exclusive property of InfleXtion and is protected by United States and international copyright laws. Unauthorized use of any Company content may violate copyright, trademark, patent, and other laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and services strictly in accordance with these Terms. This license does not include:

• The right to reproduce, distribute, publicly display, publicly perform, modify, create derivative works of, or otherwise use the website or services for any commercial purpose

• The right to access or use any content or materials on the website for any commercial purpose

• The right to decompile, reverse engineer, disassemble, or otherwise convert any compiled software, application, or other materials on the website

• The right to remove, modify, or obscure any copyright, trademark, or other proprietary notices

5.3 Trademarks

The InfleXtion name, logo, and all related names, logos, product and service names, designs, slogans, and related trade dress are trademarks of InfleXtion or its affiliates or licensors. You may not use such marks without the prior written permission of InfleXtion. All other names, brands, and marks are used for identification purposes only and may be the trademarks of their respective owners.

5.4 Client Materials

Any materials provided to us by clients remain the property of the client. However, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials for the purpose of providing our services and for our internal business purposes, including training, research, and development.

5.5 Deliverables

Ownership of deliverables created during the course of our services will be governed by the specific service agreement between InfleXtion and the client. Unless otherwise specified in writing:

• We retain ownership of pre-existing materials, methodologies, processes, tools, ideas, concepts, and know-how developed by us prior to or independently of our engagement with you

• We retain ownership of general skills, know-how, and expertise developed during the provision of services

• We retain ownership of any general enhancements or modifications to our pre-existing materials that may be developed during the provision of services

• Clients receive a non-exclusive, non-transferable license to use deliverables for their internal business purposes upon full payment

• Any materials developed by us that have general application to our business and do not contain client-specific confidential information remain our sole property

5.6 Feedback

If you provide us with any feedback, suggestions, or ideas regarding our website or services ("Feedback"), you hereby assign to us all rights, title, and interest in and to such Feedback, and we are free to use the Feedback for any purpose without any obligation to you.

6. Confidentiality

6.1 Confidential Information

We respect the confidentiality of information shared by clients. "Confidential Information" means any non-public information disclosed by one party to the other, whether orally, in writing, or by other means, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, but is not limited to, business plans, financial information, customer information, product roadmaps, technical specifications, trade secrets, and other proprietary information.

6.2 Obligations

Each party agrees to:

• Maintain the confidentiality of the other party's Confidential Information with at least the same degree of care it uses to protect its own confidential information of similar nature and importance, but with no less than reasonable care

• Use such Confidential Information only for the purpose of performing obligations under these Terms or applicable service agreements

• Restrict disclosure of such Confidential Information to those employees, agents, or contractors who need to know such information for purposes consistent with these Terms and who are bound by confidentiality obligations no less restrictive than those herein

• Prevent the unauthorized use, dissemination, or publication of such Confidential Information

• Return or destroy all Confidential Information of the other party upon the termination of the relevant service agreement or upon written request

6.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party

• Was known to the receiving party prior to disclosure by the disclosing party without breach of any obligation of confidentiality

• Is rightfully obtained by the receiving party from a third party without restriction on use or disclosure

• Is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information

• Is required to be disclosed by law or by a governmental authority, provided that the receiving party gives the disclosing party prompt written notice of such requirement and cooperates with the disclosing party in limiting the scope of such disclosure

6.4 Duration

The confidentiality obligations set forth in this section shall continue for a period of five (5) years after the termination of the relevant service agreement, except for trade secrets, which shall be maintained in confidence for as long as they remain trade secrets under applicable law.

7. Data Privacy

7.1 Privacy Policy

Our Privacy Policy, available at [privacy policy URL], governs the collection, use, and disclosure of personal information we collect from users. By using our website and services, you consent to such collection, use, and disclosure as described in our Privacy Policy. The Privacy Policy is incorporated by reference into these Terms.

7.2 Data Processing

For clients located in jurisdictions with specific data protection laws, including but not limited to the European Union (with the General Data Protection Regulation - GDPR), California (with the California Consumer Privacy Act - CCPA and California Privacy Rights Act - CPRA), and other jurisdictions, we will comply with applicable data protection laws. We will enter into appropriate data processing agreements when required by law.

7.3 Data Security

We implement reasonable security measures to protect your personal information from unauthorized access, disclosure, alteration, and destruction. However, no internet or email transmission is ever fully secure or error-free. In particular, email sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via email.

7.4 Cookies and Tracking Technologies

We may use cookies, web beacons, tracking pixels, and other tracking technologies on our website to help customize the website and improve your experience. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our website.

7.5 Third-Party Analytics

We may use third-party analytics services, such as Google Analytics, to evaluate your use of the website, compile reports on website activity, and provide other services related to website and internet usage. These third parties may use cookies and other technologies to collect information about your use of the website, and may transfer this information to other parties.

8. Payment Terms

8.1 Fees

Payment terms for our services will be outlined in separate service agreements. All fees are quoted in US dollars unless otherwise specified. We reserve the right to change our fees at any time, but changes will not affect services already contracted for under an existing service agreement.

8.2 Payment Methods

We accept payment via credit card, bank transfer, and other payment methods specified on our website or in service agreements. For recurring services, you authorize us to charge your chosen payment method on a recurring basis until the service is terminated.

8.3 Billing and Invoicing

We will provide invoices for services rendered. You are responsible for providing complete and accurate billing and contact information and notifying us of any changes to such information. All invoices are due upon receipt unless otherwise specified in the service agreement.

8.4 Late Payments

Late payments may incur interest at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower), plus all expenses of collection, including reasonable attorneys' fees. We reserve the right to suspend or terminate services for non-payment. You are responsible for all collection costs and legal fees incurred by us in connection with any late payments.

8.5 Taxes

All fees are exclusive of taxes. You are responsible for payment of all applicable taxes, levies, duties, and similar governmental assessments, including but not limited to sales, use, and value-added taxes, associated with your purchase of services, except for taxes based on our net income.

8.6 Refunds

All fees are non-refundable unless otherwise specified in writing or required by law. In the event of termination, you will remain liable for all charges incurred up to and including the date of termination. Pre-paid fees for services not rendered due to early termination may be refunded on a pro-rata basis at our sole discretion.

8.7 Billing Disputes

You must notify us in writing of any dispute regarding charges within thirty (30) days from the date of the invoice containing the disputed charges. Failure to notify us within this time period will constitute your acceptance of such charges.

9. Term and Termination

9.1 Term

These Terms shall remain in full force and effect while you use the website or services. The term of specific services shall be as set forth in the applicable service agreement.

9.2 Termination by You

You may terminate your use of our website at any time by discontinuing use of the website. Termination of services shall be governed by the applicable service agreement, which may require written notice and adherence to specific termination procedures.

9.3 Termination by Us

We may terminate or suspend your access to our website and services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. We may also terminate or suspend your access if:

• We are required to do so by law

• The provision of the website or services to you is, in our opinion, no longer commercially viable

• We believe your actions may cause legal liability for you, our users, or us

• We believe you have misused or abused the website or services

• You have not complied with your obligations, including payment obligations

9.4 Effect of Termination

Upon termination:

• Your right to access and use the website and services will immediately cease

• We may delete any content or information that you have submitted

• You will remain liable for all amounts due up to and including the date of termination

• Any provisions of these Terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

9.5 Data Retention

After termination, we may retain your information for as long as needed for legal, business, or tax purposes. We are not obligated to maintain or return any of your data after termination, unless specifically required by law or agreed upon in writing.

10. Warranties and Disclaimers

10.1 Client Warranties

You represent and warrant that:

• You have the legal right and authority to enter into these Terms

• All information provided to us is accurate, complete, and current

• Your use of our website and services will comply with all applicable laws, regulations, and these Terms

• You will not infringe the intellectual property, privacy, or other rights of any third party

• You will not use our website or services for any illegal, unauthorized, or unethical purpose

• You have all necessary rights, consents, and permissions to provide any materials or information submitted to us

• Your use of our website and services will not violate any contractual restrictions or other third-party rights

10.2 Beta Status

THE WEBSITE IS CURRENTLY IN BETA TESTING PHASE AND WILL REMAIN IN BETA STATUS UNTIL EXPLICITLY REMOVED FROM BETA BY INFLEXTION IN WRITING. DURING THE BETA TESTING PHASE, THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE BETA WEBSITE IS ENTIRELY AT YOUR OWN RISK AND THAT INFLEXTION SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR ANY DAMAGE, LOSS, OR HARM ARISING FROM YOUR USE OF THE BETA WEBSITE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INFLEXTION DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE BETA VERSION OF THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, INFLEXTION PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE BETA VERSION OF THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

10.3 Disclaimer of Warranties

EXCEPT FOR ANY WARRANTIES EXPRESSLY PROVIDED IN THESE TERMS OR A SERVICE AGREEMENT, THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INFLEXTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, AND WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

INFLEXTION DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL FUNCTION WITHOUT ERROR OR INTERRUPTION, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INFLEXTION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

10.4 No Professional Advice

The information provided on the website is for general informational purposes only. It is not intended to be professional advice, including but not limited to legal, tax, financial, or medical advice. You should not act or refrain from acting on the basis of any content included in the website without seeking appropriate professional advice.

11. Limitation of Liability

11.1 Exclusion of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INFLEXTION, ITS AFFILIATES, SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "INFLEXTION PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES

• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE

• ANY CONTENT OBTAINED FROM THE WEBSITE

• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

• SERVICE INTERRUPTIONS

• BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE

• USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY

• ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF INFLEXTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE INFLEXTION PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT PAID BY YOU TO INFLEXTION FOR SERVICES DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) FIFTY DOLLARS ($50) IF NO SUCH PAYMENTS HAVE BEEN MADE. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND INFLEXTION AND THAT INFLEXTION WOULD NOT PROVIDE THE WEBSITE OR SERVICES WITHOUT THIS LIMITATION.

11.3 Essential Purpose

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INFLEXTION AND YOU. THE LIMITATIONS OF LIABILITY PROVIDE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11.4 Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless InfleXtion, its affiliates, subsidiaries, and their respective officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees and legal costs) arising out of or relating to:

• Your violation of these Terms

• Your User Content or use of the website or services

• Your violation of any third-party rights, including without limitation any intellectual property rights, publicity, confidentiality, property, or privacy rights

• Your violation of any law or regulation

• Any claim that your User Content caused damage to a third party

• Any activity in connection with your account, including negligent or wrongful conduct by you or any person using your account

This defense and indemnification obligation will survive these Terms and your use of the website or services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent.

13. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. If a revision is material, as determined by our sole discretion, we will provide at least 30 days' notice prior to any new terms taking effect. The notice will be posted on our website or sent via email to the address associated with your account.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our website and services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the website and services.

It is your responsibility to periodically review these Terms to stay informed of updates. You can determine when these Terms were last revised by referring to the "Last Updated" date at the top of this page.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Your access to and use of the website and services are also subject to applicable federal, state, local, and international laws and regulations.

14.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be settled by arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules in effect at the time of the arbitration. The arbitration shall be conducted by a single arbitrator selected by mutual agreement of the parties or, failing such agreement, appointed in accordance with said Rules. The place of arbitration shall be Los Angeles, California. The language of the arbitration shall be English.

The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall not have the power to award punitive or exemplary damages, or any damages excluded by, or in excess of, any limitation of liability contained in these Terms.

14.3 Injunctive Relief

Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

14.4 Waiver of Class Actions

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. NEITHER YOU NOR INFLEXTION MAY BE A CLASS REPRESENTATIVE OR CLASS MEMBER OR OTHERWISE PARTICIPATE IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS.

14.5 Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be struck from these Terms, and the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that comes closest to expressing the intention of the original provision.

16. Entire Agreement

These Terms, together with any service agreements and other documents they expressly incorporate by reference, constitute the entire agreement between you and InfleXtion regarding your use of the website and services, superseding any prior agreements between you and InfleXtion relating to such use.

No failure or delay by InfleXtion in exercising any right or remedy provided in these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

17. Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by InfleXtion to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of InfleXtion. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

18. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction or notification to you. Any attempted transfer or assignment in violation hereof shall be null and void.

19. Electronic Communications

By using our website or services, you consent to receiving electronic communications from us. These communications may include notices about your account, changes to our Terms, and other information concerning or related to the website or services. You agree that any notice, agreement, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

20. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, epidemics, pandemics, health crises, shortages of transportation facilities, fuel, energy, labor, or materials. In the event of a force majeure event, we shall be excused from performance until the force majeure event has ended, but these Terms shall otherwise remain in effect.

21. Export Control

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, and the International Traffic in Arms Regulations maintained by the U.S. Department of State. You represent and warrant that you are not located in, or a resident or national of, any country subject to a U.S. government embargo or other restriction, and that you are not on any U.S. government list of restricted or prohibited persons. You agree not to access or use the website or services if doing so would be in violation of U.S. export control laws and regulations.

22. Data Ownership and Usage Rights

22.1 Client Data

All data, information, and materials provided by you to us ("Client Data") shall remain your property. However, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and derive insights from anonymized and aggregated Client Data for our internal business purposes, including but not limited to improving our services, conducting research, and developing new products and features.

22.2 Aggregated Data

We may collect, analyze, and use data relating to your use of the website and services, including usage statistics, trends, and analytics. Such data will be used in an aggregated and anonymized form that does not personally identify you or your users.

23. Compliance with Laws

You agree to comply with all applicable laws, regulations, and ordinances in connection with your use of the website and services, including but not limited to laws regarding the transmission of technical data exported from the United States or the country in which you reside, privacy laws, intellectual property laws, anti-spam laws, and tax laws.

24. Independent Contractors

The relationship between you and InfleXtion is that of independent contractors. Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, employment, or fiduciary relationship between you and InfleXtion.

25. Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

26. Headings

The section titles in these Terms are for convenience only and have no legal or contractual effect.

27. Contact Information

If you have any questions about these Terms, please contact us at:

InfleXtion
12501 Chandler Blvd #102
Valley Village, CA 91067
Email: info@inflextion.io
Phone: 310.922.8063

By using our website and services, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them.