Terms & Conditions

Marketing Agreement

Please read all the terms and conditions of this agreement carefully. By using the x10D AI Corporation marketing services, you (“Customer”) agree to be bound by the terms and conditions of this agreement, even if you have not read them. It is important to read this entire agreement. In particular, it contains provisions that may limit your rights, such as the section entitled limitations.

Services

The Customer is entering into an agreement with x10D AI Corporation (“x10D”) to use the x10D (“Service(s)”) consisting of a suite of  marketing services, digital media management tools,  and development platforms, located at (the “Website”), that may include tools and services for content creation, research and analysis, templates, campaign management, analytics and conversion tracking, and development. Among other things, the Services enable Customers to (a) create content for their marketing and business development pipelines, and (b) generate reports, analytics, and automation of marketing and other workflows.

Fees

Customer will pay x10D the one-time and/or recurring monthly fees specified on the Website or as may be stated at the end of this Agreement.   Any payment not made when due will be subject to interest of one and one-half percent (1 1/2 %) per month simple (equivalent to a yearly interest of 18%). Failure by the Customer to pay within 15 days of the due date may result in immediate termination of Services without notice.  x10D may alter its fees at any time on 30 days’ written notice to the Customer, or by revising the fees as posted in the Website.

Term

The Initial Term is the period the Customer selects upon signing up for the Services on the x10D Website.  With the exception of any “One-Month” pricing plan, the Services shall be automatically renewed for additional equivalent terms (each a “Renewal Term”) unless either party shall provide written notice to the other party at least 30 days prior to the expiration of the Term then in effect.  No written notice is required for the “One-Month” pricing plan.  The Initial Term and any Renewal Terms are collectively referred to as the “Term”. Notwithstanding the foregoing, no refunds will be processed if a payment has been made and there remains due any unpaid fees. x10D may terminate Services by giving the Customer at least 30 days written notice, or without notice if in x10D AI’s discretion the Customer is not in compliance with this agreement, or uses the Services for illegal or improper purposes. x10D will retain Customer reports and analytics for the Customer’s use for no more than 30 days following termination, unless the Customer deletes it earlier.

Customer Account

Customer access to the Services requires a logon ID and password. It is the Customer’s responsibility to protect this information, including, without limitation, by using effective passwords that are not easily guessed or discoverable, and keeping it’s logon ID’s and passwords confidential. Customer is responsible for any activity that occurs under its logon ID. Customer will advise x10D immediately if Customer discovers any compromise of its passwords or suspects unauthorized use of the Services using its identity. A Customer may have up to 2 users per account.

Customer Obligations

Customer may use the x10D dashboard to connect Customer accounts that provide data (for example, Google Analytics, Google Adwords, and Facebook Business Manager). By doing so Customer grants consent to x10D to connect x10D with those accounts and retrieve data from them. x10D has no responsibility for the accurate set-up or maintenance of such third-party accounts. Customer may use the Services only in connection with its own websites and social media accounts.  Customer acknowledges that the dashboard will also be used for delivery of content and invoicing.

Ownership and Use: Copyright 2024

All rights reserved. The contents of the Website and Services are owned by and copyrighted by x10D and its suppliers and may contain trademarks of x10D or others. Customer may print, copy or save portions of the Website for its own use only – provided that all copyright and trademark provisions contained on the Website remain intact. x10D uses the information provided by the third-party sites to perform its analytics, but does not retain that third party supplied information. Customer owns the information that the Service creates for that specific Customer. x10D may collect, use, share and/or sell aggregate and statistical information that will not identify the Customer based on information created by the Services. The Services may include information or content that is available or accessible to x10D from a variety of public websites, mobile apps, and other products or services. Customer authorizes x10D to access Customer’s publicly accessible websites, mobile apps, and other products and services, and collect, store, and use information and content available therein in connection with x10D’s business, including to improve the Services and create other products and services.  While using the Services, Customer may provide information or content that may be used by x10D in connection with the Services and that may be visible to third parties (“User Submissions”). Customer understands that by posting any such User Submissions on the Services or otherwise providing them to x10D in connection with Customer’s access to or use of the Services, Customer hereby grant to x10D a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, freely sublicensable and freely transferable right and license to use, including to modify, reproduce, distribute, prepare derivative works of, reformat, translate, display, perform, and otherwise commercially exploit, such User Submissions (including all related intellectual property rights and other proprietary rights) for any purpose, in any format, through any channel, and without any further obligation to Customer. x10D reserves the right to remove any User Submissions from the Services at any time, for any reason. As between Customer and x10D, Customer is solely responsible and liable for all User Submissions that Customer uploads, posts, emails, transmits, or otherwise disseminates using, or in connection with, the Services. Customer hereby represents and warrants that Customer possesses, and will maintain, all rights, titles, and interest in and to the User Submissions, and that Customer has the full right and authority to grant the rights and licenses granted to x10D herein with respect to such User Submissions.

Warranty

x10D does not warrant that the Services are error free, or that they will satisfy the Customer’s expectations.  The Customer acknowledges that x10D may provide Services using services and software provided by third parties. Notwithstanding anything else contained in this agreement, x10D’s (and such third party’s) warranties and liabilities for any matters arising from such services and software shall not exceed those provided to x10D from such third parties.

Limitations

All promises made by x10D are contained in this agreement. No promises implied by law (whether described as warranties, conditions, representations, or otherwise, and whether relating to merchantability, fitness, non-infringement, or otherwise) apply.  The Customer agrees that it shall not be entitled to damages from x10D for any reason whatsoever (whether under legal theories of contract, tort, negligence, strict liability, operation of law or otherwise) that are not direct damages or that exceed the amount paid by the Customer to x10D hereunder for a 6-month period for the Services from which the claim arises.  x10D relies on these limitations when entering this agreement and setting its fees. They are a fundamental and essential part of our arrangement and apply even if this agreement has failed in its fundamental or essential purpose or been fundamentally breached.

Confidential Information

Confidential Information is all information of either party that is not generally known to the public, whether of a technical, business or other nature (including, without limitation, trade secrets, know-how and information relating to technology, business plans, assets, liabilities, prospects, finances, source and object code, product capabilities or lack thereof, identity and number of a party’s employees or contractors and their backgrounds or knowledge, identity of customers or business partners), that is disclosed by a party to the other or that is otherwise learned by the other in the course of its discussions or business dealings with the other, and that has been identified as being proprietary and/or confidential or that by the nature of the circumstances surrounding the disclosure or receipt ought to be treated as proprietary and/or confidential.

Confidential Information shall not include (except for any personally identifiable information about an individual that relevant privacy legislation or policies do not allow to be disclosed): (a) any Confidential Information that is in the public domain at the time of its disclosure or which thereafter enters the public domain through no action of the receiving party, direct or indirect, intentional or unintentional; (b) any Confidential Information which the receiving party can demonstrate was in its possession or known to it prior to its receipt, directly or indirectly, from the other party; (c) any Confidential Information that is disclosed to the receiving party by another party not in violation of the rights of the other party or any other person or entity; or (d) any Confidential Information which is either compelled by law or by the order of a court of competent jurisdiction to be disclosed.

The parties shall (i) not use Confidential Information for any purpose other than that contemplated by this agreement; (ii) not disclose Confidential Information to anyone without the prior written authorization of the disclosing party, during the term of this agreement or at any time thereafter; (iii) handle, preserve and protect Confidential Information with at least the same degree of care that it affords or would afford to its own Confidential Information, including taking all reasonable efforts to avoid disclosure of such Confidential Information to any third party, at any time; and (iv) disclose Confidential Information only to its employees or subcontractors who require such information in order to perform the party’s obligations with the other, and are under confidentiality obligations.

Non-Solicitation

: In instances where the Customer provides marketing services to other businesses, x10D agrees that during the Term, and for a period of one year thereafter, no marketing or sales communication will be sent to the Customer’s clients based on the Confidential Information contained in the x10D platform. If in the instance where any of the Customer’s client’s appear on a prospect list of a x10D sales representative generated through means other than x10D data, any correspondence by x10D will cease upon Customer’s notification to x10D of such communication.

Promotion

x10D may for promotional purposes identify the Customer as a customer by using Customer’s logo and name.

Privacy

Please see our privacy policy: PRIVACY

Prior Agreement

This agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all prior and contemporaneous agreements, purchase orders, understandings, proposals, negotiations, representations or warranties of any kind whether written or oral. No oral or written representation that is not expressly contained in this agreement is binding on either party. This agreement cannot be amended or modified, other than by a change made in writing, dated and executed by the parties. If there is both an executed version of this agreement and a version entered by other means the executed version shall govern if the terms differ.

Survival

The provisions of this agreement pertaining to Confidential Information, privacy, and ownership shall survive the termination of this agreement. Other sections pertaining to rights and obligations which by their nature should survive termination are hereby confirmed to so survive.

Force Majeure

x10D is not liable for an omission or delay in the execution of its obligations hereunder caused by an event beyond its reasonable control. The time for the performance of the obligation that is so delayed shall be extended by a reasonable time, but payments by Customer shall not be delayed.

Notice

All required notices, or notices which may be provided in accordance with this agreement, shall be in writing and shall be duly satisfied if the notice is remitted to its addressee by courier, mail, or e-mail, if to x10D to tech@x10d.ai and if to the Customer to the address provided by the Customer, or such other address as the party which is to receive the notice indicates to the party providing the notice, in the manner provided for in this section. Every notice delivered in the manner provided for herein shall be deemed to have been received: when delivered or by e-mail the first business day after the date received; or the fifth business day following the date of mailing, if sent by certified mail.

Amendment of Terms and Conditions

x10D may change these terms by posting notice on the Website. These terms were last revised on April 30th, 2024.

Custom Financial Arrangements

Where the parties agree to amend the financial terms as set forth in the x10D Website, those financial terms shall be stated here, and shall supersede the financial terms set forth in the Website.   If the financial conditions on the Website apply, this section shall remain blank.

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