Platform Terms

You agree to be bound by these Terms upon the earlier of: (a) clicking any "accept" or "agree" selector accompanying these Terms; or (b) using our O2X offerings, including our mobile applications or web portals. By using our O2X offerings, you consent to have us receive your consumer health data and any sensitive personal information that you provide to us. NOTE: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION, A JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER.

Table of Contents

• Introduction
• Definitions
• O2X Offerings and Intended Use
• Your Privacy Consents
• Acceptable Use
• Intellectual Property and Restrictions
• Fees and Payment
• Term and Termination
• Risks Assumed by You; Waiver of Claims
• Warranties and Warranty Exclusions
• Limitation of Liability
• Indemnification
• Apple's Minimum Terms
• Miscellaneous

1. INTRODUCTION

1.1 O2X and O2X Offerings

These Platform Terms ("Terms") constitute an agreement between you (defined below) and O2X Human Performance, LLC, a Delaware limited liability company ("we," "our," "us," or "O2X"). These Terms govern your use of the O2X Offerings (defined below).

1.2 You

O2X is entering into these Terms with the person who downloads, activates, or otherwise uses the O2X Offerings, or the entity represented by the person. The term "you" or "your," as used in these Terms, refers to such person or entity. Depending upon the circumstances, you could be:

(a) a person who uses the O2X Offerings for personal purposes;(b) a juristic entity, such as a governmental agency or entity, a sole proprietorship, a partnership, a company, or a corporation (each, an "Entity"); or(c) an employee, agent, or contractor of an Entity who uses the O2X Offerings as directed and authorized by the Entity ("Entity Personnel").

1.3 Age

All users of O2X Offerings must be of the age of majority in the user's state or jurisdiction and no younger than eighteen (18) years of age ("Adult Age").

1.4 Supplemental Terms

These Terms will include and incorporate: (a) the cautions, alerts, and notices displayed in the applicable O2X Offerings' screens and popups; (b) our Privacy Policy; and (c) any frequently asked questions and answers (FAQs) and other terms and conditions posted at our website, www.o2x.com, that relate to the O2X Offerings, as may be updated from time to time (the foregoing items set forth in subsections (a)-(c) being collectively referred to as the "Supplemental Terms").

1.5 Affiliate Terms

To complete the process of setting up the O2X Offerings for your Device (defined below), you may be required to select your desired data collection settings and accept the terms and privacy policies of our affiliates, including the following privacy policy of Terra Enabling Developers, Ltd.: https://tryterra.co/end-user-privacy (collectively, the "Affiliate Terms").

1.6 Access

These Terms are accessible at our website and at the applicable App Marketplace (defined below). To use any mobile app of our O2X Offerings, you must download the mobile app at the App Marketplace and agree to these Terms. To use any web portal of our O2X Offerings, you must create and use login credentials, agree to these Terms, and login to the web portal.

1.7 Binding Agreement

BY DOWNLOADING OR OTHERWISE USING THE O2X OFFERINGS, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND TO COMPLY WITH THE AFFILIATE TERMS.

2. DEFINITIONS

2.1 Uncapitalized Terms

As used in these Terms, the following terms will have the following meanings, while other terms are parenthetically defined herein:

"applicable law" means all national, federal, state, local, municipal, and foreign statutes and laws, including all rules and regulations promulgated thereunder.

"including," "e.g.," and "such as" each means "including, without limitation."

"includes" means "includes, without limitation."

2.2 Capitalized Terms

As used in these Terms, the following terms will have the following meanings, while other terms are parenthetically defined herein:

"Access Credentials" means any security control, security measure, safeguard feature, process, or tool implemented to prevent or impede the use of the O2X Offerings in violation of these Terms or to otherwise safeguard the authorized access to, and use of, the O2X Offerings, including a username, password, passcode, authentication code, biometric identifier (including a thumbprint, facial recognition profile, or retinal profile), security key, or security code.

"Account" means any authenticated data portal included within the O2X Offerings or any App Marketplace that: (a) is issued by us or our Affiliates for exclusive use by you; (b) requires your use of Access Credentials to access the portal; and (c) enables you to access the applicable O2X Offerings, or to manage or control certain preferences or settings of the O2X Offerings.

"Affiliates" means our third-party service providers, licensors, suppliers, vendors, contractors, and affiliates.

"App Marketplace" means any website, server, platform, store, or ecommerce retailer that enables you to download, access, use, or manage the O2X Offerings or Account, such as the App Store™ controlled by Apple Inc., the Google Play™ store controlled by Google LLC, or the Amazon App Store™ controlled by Amazon.com, Inc.

"Deidentified Information" means information derived from Submissions or Tracked Data that: (a) cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular person; or (b) otherwise contains no Personal Information.

"Device" means any electronic device owned or controlled by you, such as your smartphone, watch, electronic wristband, electronic fingering, or computer.

"Documentation" means information that: (a) describes technical or functional aspects of the O2X Offerings, including any instructions, rules, guides, user manuals, specifications, videos, demonstrations, use policies, license terms, help interfaces, support databases and readme files; or (b) is provided to you by us directly, through the O2X Offerings, Account, any website address specified by us, or any hyperlink accessible through the O2X Offerings.

"Effective Date" means the earlier of the following dates: (a) the date upon which you clicked the acceptance or agreement selector accompanying these Terms; or (b) the date upon which you initially downloaded, logged-in to, accessed, or used any O2X Offering.

"Fee" will have the meaning provided for such term in Section 7.1.

"Feedback" means, except for Personal Information: (a) all statistical and other information compiled or generated by you relating to the performance, operation, or use of the O2X Offerings; and (b) any and all ideas, information, works of authorship, concepts, and intellectual property disclosed by you for purposes of feedback or suggestions relating to troubleshooting, enhancing, or improving the O2X Offerings.

"Governmental Entity" means any agency or entity of the United States federal government that has entered into a separate agreement with us involving such agency's or entity's order for a subscription to use any O2X Offering.

"Marks" means all trademarks, service marks, logos, identifiers of goods or services, names of products or services, business names, product images, symbols, trade dress and marks of O2X or its Affiliates, including the O2X® trademark, the O2X CONNECT® trademark, and the O2X logo as well as any marks of our Affiliates that are displayed within the O2X Offerings.

"O2X Content" means all content, works, and materials that we include within the O2X Offerings including: (a) training and fitness-related text, images, videos, guidance, works of authorship, programs, routines, methods, instructions, and information; (b) any other images, videos, sounds, music, works of authorship, and information; (c) graphics, including graphical user interfaces, graphical layouts, graphical structures, and graphical elements; and (d) data fields and databases.

"O2X Offerings" means: (a) the software-as-a-service performed by operation of the hardware (including one or more servers) and software owned, licensed, controlled, or otherwise operated by us or our Affiliates for use by you in accordance with these Terms; (b) the O2X Content and Documentation; and (c) all graphical interfaces that enable you to access or use the O2X Content, Documentation, Submissions, or Tracked Data, including our mobile applications and web portals. The definition of O2X Offerings expressly excludes any access to, operation of, or processing of any source code.

"Payment Terms" will have the meaning provided for such term in Section 7.1.

"Personal Cloud Storage" means all cloud-based storage hosted by third parties (such as web portals, online platforms, webservers, and databases) to which you may subscribe, independent of us.

"Personal Information" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual.

"Submissions" means all text, images, photos, videos, data, materials, content, works of authorship, and information that you provide to us or our Affiliates, input or transfer to the O2X Offerings, or input or transfer to your Devices through use of the O2X Offerings. Your Submissions may include your name, email address, home address, phone number, photograph, image (e.g., avatar or icon), gender, and year of birth.

"Tracked Data" means all data and information that you permit or enable the O2X Offerings to automatically collect, track, process, or generate based on a connection to your Devices.

3. O2X OFFERINGS, INTENDED USE, AND YOUR RESPONSIBILITIES

3.1 Usage Right

Subject to the terms and conditions of these Terms, you will have a revocable, non-assignable, non-sublicensable, non-exclusive right to use the O2X Offerings during the term of these Terms solely in accordance with these Terms. Such right will automatically terminate upon the expiration or termination of these Terms, whichever occurs first. You hereby acknowledge and agree that the granting of such right will be contingent upon and conditioned upon your full compliance with the terms and conditions of these Terms (including the restrictions and prohibitions in this Article 3 and in Articles 5 and 6) and the Documentation. If you breach any such terms or conditions, such right will be automatically revoked and terminated.

3.2 Intended Use

You acknowledge and understand that the O2X Offerings have been designed only for, and are intended only for, human physical fitness, exercise, and training.

3.3 Unintended Uses

3.3.1 Not for Healthcare or Medical Conditions

The O2X Offerings do not provide healthcare services. The O2X Offerings are not intended to be a substitute for professional, medical consultation, advice, or treatment of medical conditions. Please consult with a healthcare provider for any such matters, including any health concerns or conditions that you experience during or after using the O2X Offerings, such as physical or psychological pain, suffering, injury, or other health problems.

3.3.2 Not for Emergency Use

The O2X Offerings are not intended or appropriate for any medical emergency. IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911.

3.4 Your Responsibilities

It is your sole responsibility to know and understand your personal health condition. In view of your personal health condition, you will be solely responsible for:

(a) obtaining medical consultation from a healthcare professional (such as a licensed physician or physical therapist) with respect to your use of the O2X Offerings;(b) choosing whether to use the O2X Offerings;(c) choosing how often and how much to use the O2X Offerings;(d) choosing which exercises and workouts described in the O2X Offerings are appropriate for you; and(e) stopping or limiting your use of the O2X Offerings for your personal wellbeing, health, and safety.

3.5 O2X Content and Marks

You will not copy, modify, edit, create derivatives of, publicly display, or distribute any O2X Content or Marks.

3.6 Limited Subscription Period of Use

You will not acquire under these Terms any right or license to use the O2X Offerings when your Account is deactivated, closed, or terminated. Upon the expiration or termination of these Terms, your right to use the O2X Offerings will automatically terminate, and you will have no right to access or use the O2X Offerings or the Account that was previously accessible.

3.7 Individual Use of Account

You will not share your Account with another person, and you will not allow another person to use your Account. Without limiting the foregoing, you will not disclose or provide Access Credentials to any third party without our prior written consent.

3.8 Other Prohibitions and Restrictions

You will not use the O2X Offerings in any way or manner that violates the prohibitions or restrictions set forth in Articles 5 and 6.

3.9 Copy of Data

We will have no obligation to provide you with copies of any Submissions or Tracked Data except to the extent that applicable privacy laws require us to furnish you with copies of any Personal Information contained within any Submissions or Tracked Data. The O2X Offerings may or may not enable you to download a copy of the Submissions. Therefore, it is your sole responsibility to retain a copy of all Submissions that you desire to keep. Unless and until the Documentation expressly provides otherwise, the O2X Offerings will not be configured to enable you to download any Tracked Data. At your written request, we may, in our sole discretion, prepare and send you a data file (e.g., a CSV data file) containing the Tracked Data after you pay us a delivery Fee in consideration for our data delivery service.

4. YOUR PRIVACY CONSENTS

4.1 Tracking Settings

The O2X Offerings include one or more settings that enable you to decide the categories of information that you want the O2X Offerings to track and collect. These settings and categories may change from time to time based on our updates to the O2X Offerings. Currently, these settings enable you to turn the tracking on or off for the categories of information listed below in this Section. You may provide your consent for tracking any of these categories by changing the corresponding switch or selector to "on" or "yes," and you may later disable these categories by changing the selectors to "off" or "no." For tracking features that rely on certain utilities in your Device (such as location tracking and activity tracking utilities), you may also disable such tracking features by turning off such utilities using the settings within your Device. Furthermore, you may disable all tracking features of any O2X Offering by completely uninstalling the O2X Offering and terminating your Account.

• Individual's weight
• Oxygen saturation
• Heart rate
• Electrocardiogram
• Breathing rate
• Cardio fitness
• Sleep
• Food and water logs
• Activity and exercise
• Temperature

4.2 Consumer Health Data

You understand that the intended purpose of the O2X Offerings is to collect, process, and store certain types of health data relating to you. You hereby provide your consent for O2X and our Affiliates to receive, process, and store your Consumer Health Data (defined below) for our purposes of operating and providing the O2X Offerings to you. The term "Consumer Health Data," as used in these Terms, means Personal Information linked or reasonably linkable to an individual that identifies the individual's past, present, or future physical or mental health status, including the individual's bodily functions, vital signs, symptoms, or measurements of such personal information.

4.3 Sensitive Personal Information

We are unable to fully control the types of information that you provide to us in your Submissions. Please do not include Sensitive Personal Information in your Submissions, unless you decide to enter certain Sensitive Personal Information into any health or wellness form within the O2X Offerings. With respect to any Sensitive Personal Information that we or our Affiliates receive from you, you hereby provide your consent for O2X and our Affiliates to receive, process, and store this Sensitive Personal Information for our purposes of operating and providing the O2X Offerings to you. The term "Sensitive Information," as used in these Terms, means any Personal Information that you provide in your Submissions that reveals your genetic or biometric information, racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sex life, sexual orientation, citizenship or immigration status, account credentials, financial information, or other information deemed sensitive under applicable law.

4.4 Do Not Send Medical Information to Us

Under no circumstances do we solicit or desire to receive any Protected Health Information (defined below) or other medical information from you. In your Submissions, you agree not to include any Protected Health Information or any other information, images, videos, or text that describe any medical diagnosis, medical examination, medical history, or clinical notes or writings. You understand and acknowledge that we are not a healthcare provider, nor are we a "business associate" or "subcontractor," as such terms are defined under the regulations promulgated pursuant to the Health Information Portability and Accountability Act (HIPAA) and Health Information Technology for Economic and Clinical Health Act (HITECH), as amended (collectively, the "HIPAA Rules"). The term "Protected Health Information," as used herein, will have the meaning provided for such term in the HIPAA Rules. If you are a "covered entity," "business associate," or "subcontractor," as such terms are defined in the HIPAA Rules, you will not use any O2X Offerings in any manner that would make us a business associate or otherwise directly subject us to the HIPAA Rules.

4.5 Your Personal Cloud Storage

The O2X Offerings may enable you to connect your Devices to your Personal Cloud Storage. In doing so, the O2X Offerings may enable you to upload data from your Devices to your Personal Cloud Storage, download data from your Personal Cloud Storage to your Devices, or synchronize data between your Personal Cloud Storage and each of your Devices. We do not control your Personal Cloud Storage. We do not access your Personal Cloud Storage. We will have no responsibility for your use of your Personal Cloud Storage or any damage to, loss of, or unauthorized access to any data stored within your Personal Cloud Storage. You will, at all times, comply with the terms and conditions of the third parties that host your Personal Cloud Storage.

5. ACCEPTABLE USE

5.1 Responsibility for Submissions

You will have sole responsibility for the use, accuracy, quality, integrity, legality, reliability, and appropriateness of all Submissions.

5.2 Prohibitions

You will not use, or permit the use of, any O2X Offerings in any way or manner that, directly or indirectly:

(a) constitutes an infringement or misappropriation of any intellectual property rights, proprietary rights, privacy rights, or personal rights, including rights to image, name, likeness, or voice;(b) causes the violation of any federal, state, international, or local applicable laws, ordinances, or regulations;(c) interferes with our activities or overall business, or that harms any of our customers, employees, affiliates, agents, officers, or directors;(d) threatens, bypasses, or destroys any security measure used with or incorporated into the O2X Offerings;(e) transmits any content, data, or material that contains or deploys any virus, robot, malware, cyberattack, or other type of malicious or deleterious program;(f) scrapes, pulls, extracts, data mines, or retrieves any information or data from the O2X Offerings other than exporting a copy of the Submissions to the extent enabled by the O2X Offerings and permitted according to the applicable Documentation;(g) involves your submission, uploading, transmission, publication, display, or use of material or content that: (i) may reasonably be considered obscene, defamatory, offensive, abusive, hateful, inflammatory, harassing, violent, or otherwise objectionable; (ii) promotes pornographic or other sexually explicit material; (iii) promotes discrimination, violence, or hatred based on race, religion, nationality, sex, gender, disability, age, or sexual orientation; (iv) is likely to deceive any person acting reasonably under the circumstances; (v) impersonates any person; or (vi) involves any commercial activities except as expressly permitted according to the applicable Documentation; or(h) involves or constitutes gross negligence, recklessness, fraud, intentional wrongdoing, libel, slander, unethical conduct, misrepresentation, falsity, deception, an inaccurate statement, harassment, racism, sexism, bigotry, violence, assault, battery, a crime, or a violation of applicable law.

5.3 Takedown

In addition to any other rights afforded to us under these Terms, we reserve the right but have no obligation to take remedial action if any Submissions violate this Article 5, including the removal or disablement of access to such Submissions. We will have no liability to you arising from any such action taken by us.

5.4 Compliance with Third-Party Terms

The O2X Offerings may contain or require the use of third-party technology, including software, open source code, databases, libraries, algorithms, servers, and software-as-a-service. In such event, you will be responsible for complying with the third-party terms (including the Affiliate Terms) specified by us that govern your use of such third-party technology. We may provide certain notices to you in the Documentation or O2X Offerings in connection with such third-party technology. You will be responsible for complying with such notices and third-party terms.

6. INTELLECTUAL PROPERTY AND RESTRICTIONS

6.1 Your Ownership

The O2X Offerings may enable you to include content in your Submissions that is usable for education, instructions, or training relating to fitness or physical exercise, such as text, images, videos, instructions, text, tutorials, guides, works of authorship, programs, routines, methods, and information, including the image, name, likeness, or voice of any person (collectively, "Your Training Content"). As between O2X and you, you will remain the owner of all Submissions, including Your Training Content.

6.2 Your Licenses to Us

6.2.1 Submissions and Tracked Data

You hereby grant to us a worldwide, perpetual, irrevocable, paid-up, free-of-charge, royalty-free, sublicensable, assignable, non-exclusive license, under your intellectual property and other rights, to: (a) collect, use, process, store, distribute, and transmit Submissions and Tracked Data for purposes of providing the O2X Offerings to you under these Terms; (b) collect, use, process, store, and analyze Submissions and Tracked Data for purposes of developing, improving, and evaluating our products and services; (c) extract, modify, process, and analyze Submissions and Tracked Data to generate Deidentified Information; and (d) use, copy, reproduce, create derivative works of, modify, perform, display, distribute, disclose, publish, deploy, market, sell, monetize, and otherwise commercialize Deidentified Information in aggregated form or any other form.

6.2.2 Your Training Content

You hereby grant to us a worldwide, perpetual, irrevocable, paid-up, free-of-charge, royalty-free, sublicensable, assignable, non-exclusive license, under your intellectual property rights and other rights, to use, market, copy, reproduce, create derivative works of, modify, perform, display, distribute, disclose, publish, deploy, monetize, and otherwise commercialize Your Training Content.

6.2.3 Feedback

You hereby grant to us, a worldwide, perpetual, irrevocable, paid-up, free-of-charge, royalty-free, sublicensable, assignable, non-exclusive license, under your intellectual property rights and other rights, to use, market, reproduce, perform, display, distribute, publish, deploy, create derivative works of, modify, and otherwise commercialize any and all Feedback.

6.3 Waiver

You hereby perpetually and irrevocably waive any and all: (a) rights of paternity, integrity, disclosure, or withdrawal relating to Your Training Content; (b) any other rights relating to Your Training Content that may be known as or referred to as "moral rights;" and (c) any rights to receive attribution or personal credit for authorship or contribution relating to Your Training Content.

6.4 Our Property

6.4.1 No Sale of O2X Offerings

We are not selling the O2X Offerings to you. Instead, we are only providing you with a limited right to use the O2X Offerings in accordance with these Terms. Therefore, you will not acquire any ownership rights in the O2X Offerings.

6.4.2 Ownership of Our Property

As between you and us, we will retain all ownership and property rights (including copyrights, data rights, digital asset rights, trade secret rights, trademark rights, patent rights, other intellectual property rights, and rights to image, name, likeness, and voice) in and to: (a) the O2X Offerings; (b) our Marks, including all goodwill associated with the business symbolized by our Marks; (c) all Deidentified Information; (d) anything developed or delivered by or on behalf of us under these Terms; and (e) any and all derivative works, modifications, and improvements of any of the foregoing items set forth in this Section (the items set forth in the foregoing subsections (a) through (e) being collectively referred to as "Our Property").

6.4.3 Intellectual Property Restrictions

Your right to use the O2X Offerings will be contingent upon and conditioned upon your full compliance with the terms and conditions provided in this Section and the other provisions of these Terms. In the event of the breach of any such terms, conditions, or provisions, your right to use the O2X Offerings will be automatically revoked and terminated.

You will not directly or indirectly (by causing or permitting others to):

(a) license, sublicense, sell, resell, market, rent, lease, sublease, loan, transfer, assign, distribute, display, publish, host, outsource, disclose, permit timesharing or service bureau use of, make available or accessible to any third party, or otherwise commercially exploit, any part of the O2X Offerings or Access Credentials;(b) "frame" or "mirror" any part of the O2X Offerings on any server or other infrastructure of you or any third party;(c) make the O2X Offerings, O2X Content, Marks, Access Credentials, or programs, data, or materials resulting from the O2X Offerings available in any manner to any third party for use in the third party's business operations;(d) enter into time sharing or data sharing arrangements with any third party that involve the use of any part of the O2X Offerings;(e) modify, enhance, adapt, improve, or create derivative works of any part of the O2X Offerings;(f) disassemble, decompile, decrypt, reduce to human-readable form, port, translate, localize, reverse engineer, hack, dispose of, discard, destroy, recycle, or abandon any part of any part of the O2X Offerings or Access Credentials;(g) access, view, assemble, reconstruct, identify or discover any source code of any part of the O2X Offerings;(h) remove, alter, or modify any markings or notices of our proprietary rights;(i) submit or transmit malware, viruses, or other harmful code;(j) interfere with, disable, or disrupt the integrity or performance of the O2X Offerings;(k) cause any denial of service with respect to the O2X Offerings;(l) perform security tests without our prior written consent;(m) use robots, bots, or automated systems to interact with the O2X Offerings;(n) obtain unauthorized access to the O2X Offerings;(o) access or use any part of the O2X Offerings for competitive purposes;(p) access or use the O2X Offerings after termination; or(q) violate any other usage restrictions contained in these Terms.

7. FEES AND PAYMENT

7.1 Payment Terms; Fees

When ordering any O2X Offering, we may require you to agree to certain terms regarding payments required for use of such O2X Offering, such as a recurring fee payable per subscription period (collectively, the "Payment Terms"). The Payment Terms will be incorporated into these Terms. You will pay the fees to us as set forth in the Payment Terms as well as any other fees described in these Terms (collectively, the "Fees"). Unless the Payment Terms expressly provide otherwise, if the O2X Offerings or these Terms are terminated during any subscription period of the O2X Offerings, you will continue to owe the Fees through the end of such subscription period.

7.2 Entity's Responsibility for Entity Personnel

If you are an Entity Personnel member of an Entity who is already bound by these Terms, the Entity will be responsible for paying the Fees, not you.

7.3 Price Changes for Entity

If you are an Entity having ordered any O2X Offering under Payment Terms, we may increase the Fee for such O2X Offering upon each anniversary of the beginning date of the initial subscription period for the O2X Offering; provided, however, that each such Fee increase will be no more than CPI (defined below) or five percent (5%), whichever is greater. The term "CPI," as used in these Terms, will mean the Consumer Price Index for All Urban Consumers, U.S. City Average, for all items published by the US Department of Labor.

7.4 Price Changes for Others

If you are not an Entity or Entity Personnel, unless the Payment Terms expressly provide otherwise, at any time, we may change the rate or pricing of the Fees, but if you have an active subscription, such changes will only take effect following the end of the subscription period, upon which the changed Fee will apply to your next subscription period for the applicable O2X Offering.

7.5 Refund Policy

SUBJECT ONLY TO SECTIONS 8.2.2 AND 13.4, WE DO NOT PROVIDE REFUNDS, AND YOU WILL NOT HAVE THE RIGHT TO ANY REFUND BECAUSE YOU ARE DISSATISFIED, BECAUSE OF ERRORS IN THE O2X OFFERINGS, OR FOR ANY OTHER REASON.

7.6 Additional Charges

Any price charged through the applicable App Marketplace or O2X Offering will be as stated at the time you place your order, except in the case of obvious error. Depending on which bank or financial account you use, additional charges may be issued by your bank or financial account provider. We have no control over this. The additional charges are your sole responsibility.

7.7 Payment Method and Terms

We may accept payment through the App Marketplaces, O2X Offerings, or through payment networks controlled by us or our Affiliates, which may enable you to pay via your credit card, your debit card, or your electronic payment accounts. Our Affiliates may have their own terms and conditions. You will review and abide by their terms and conditions.

7.8 Third-Party Utility Fees

You understand that, to use the O2X Offerings, you must obtain certain services from third parties. At a minimum, to download mobile applications of the O2X Offerings to your Device, you must have reliable cellular phone service or reliable Internet service, including a WiFi spot within range of your Device. Also, you must have reliable Internet service to use the web portals of the O2X Offerings. You will be responsible for all fees charged by these third parties, including utility fees, data fees, and text messaging fees.

7.9 United States Dollars

All prices and monetary values in these Terms will be in United States Dollars and will be paid in United States Dollars without deduction for currency exchange variation, tax collection, or other charges.

8. TERM AND TERMINATION

8.1 Term

The term of these Terms will begin on the Effective Date and continue until these Terms expire or are terminated in accordance with this Article 8.

8.2 Termination for Convenience

8.2.1 By Entities

If you are an Entity, you may terminate these Terms with or without cause by providing thirty (30) days' advance written notice to us, and then, by the end of such period, using the Account settings to terminate your Account and permanently discontinue all Entity Personnel's use of all O2X Offerings.

8.2.2 By Others

If you are not an Entity or Entity Personnel, you may terminate these Terms at any time with or without cause by uninstalling the O2X Offerings, using the Account settings to terminate your Account, and permanently discontinuing your use of all O2X Offerings.

8.2.3 By Us

We may, in our sole discretion, permanently discontinue providing the O2X Offerings at any time. Also, we may terminate these Terms at any time with or without cause. If we terminate these Terms or permanently discontinue the O2X Offerings due to no breach of these Terms by you, we will issue you a prorated refund for any prepaid Fees for any unused subscription period of the applicable O2X Offerings.

8.3 Termination with Cause

In the event you breach these Terms or violate any applicable law when performing activities related to these Terms, these Terms will be automatically terminated. In such event, we may immediately deactivate and otherwise remove your access to all O2X Offerings.

8.4 Effects of Termination

8.4.1 Termination of O2X Offering

Upon our discontinuation or termination of any O2X Offering (e.g., any app, web portal, subscription therefore, or usage right therefore) in accordance with these Terms, (a) you will no longer have any right to access or use such O2X Offering, and all Submissions and Tracked Data related to such O2X Offering may be permanently unusable, unreadable, or inaccessible, and (b) all of your rights to use such O2X Offering under these Terms will be automatically terminated.

8.4.2 Termination of these Terms

Upon the termination of these Terms, (a) you will no longer have any right to access or use any O2X Offering, and all Submissions and Tracked Data may be permanently unusable, unreadable, or inaccessible, and (b) all of your rights under these Terms will be automatically terminated.

8.4.3 Retention of Personal Information

To the extent permitted by applicable law following the termination of these Terms, we will have the right to retain any Personal Information that we receive for purposes of keeping records to demonstrate compliance with applicable laws, communicating with you or your legal representatives, completing transactions with you, addressing legal matters with you, or satisfying privacy regulations or legal requirements under applicable law.

8.5 Survival

The restrictions, conditions, and prohibitions under Articles 1, 3, 5, and 6 of these Terms (and our rights under such Articles) will survive the termination or expiration of these Terms. The rights and obligations under the following provisions will survive the termination or expiration of these Terms: Article 7 (with respect to payments owed to us as of the date of such termination or expiration, including Fees owed for the remainder of any subscription period following such date), Section 8.4, this Section 8.5, Articles 9 through 12, and Article 14, and all other provisions, which, by their terms, contemplate survival.

9. RISKS ASSUMED BY YOU; WAIVER OF CLAIMS

9.1 Risky Conditions

There are a variety of conditions and events, including your error and errors of the O2X Offerings, that can cause the O2X Offerings to display or indicate false, inaccurate, or erroneous information, including the following conditions and events: (a) bugs or design defects of the O2X Offerings; (b) cyberattacks, hacks, malware, or viruses that affect the O2X Offerings, (c) defects or malfunctions of Devices; (d) hardware or software conflicts; (e) your failure to comply with the instructions in the Documentation; (f) the use of any hardware or software not provided by us; or (g) your error or improper use of O2X Offerings. You will bear all risks related to such conditions and events.

9.2 Other Risks Assumed by You

YOU HEREBY ASSUME ALL RISK OF DAMAGE, LOSS, HARM, AND LIABILITY THAT COULD ARISE FROM: (A) ANY USE OF ANY O2X OFFERINGS OUTSIDE OF THE SCOPE OF INTENDED USE DESCRIBED IN THESE TERMS; (B) ANY BODILY OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, MEDICAL CONDITION, OR DEATH INVOLVING, RELATING TO, OR ARISING FROM THE USE OF ANY O2X OFFERINGS; (C) ANY DECISION, ACT, OR SUBJECT MATTER FOR WHICH YOU ARE RESPONSIBLE, AS DESCRIBED IN THESE TERMS; (D) THE INACCESSIBILITY, CORRUPTION OF, OR LOSS OF ANY DATA; OR (E) THE USE, LOSS OF USE, FUNCTION, MALFUNCTION, OPERATION OR ERRONEOUS OPERATION OF ANY O2X OFFERINGS.

9.3 Waiver of Claims

YOU HEREBY WAIVE AND FORFEIT ALL CLAIMS AND LEGAL ACTIONS AGAINST US OR OUR AFFILIATES (INCLUDING ALL DAMAGES AND REMEDIES RELATING TO SUCH CLAIMS AND ACTIONS) ARISING FROM OR RELATING TO: (A) ANY OF THE RISKS ASSUMED BY YOU UNDER THIS ARTICLE 9; OR (B) ANY PRODUCT LIABILITY CLAIMS, TORTIOUS CLAIMS OR STRICT LIABILITY CLAIMS RELATED TO THE O2X OFFERINGS OR THESE TERMS.

10. WARRANTIES AND WARRANTY EXCLUSIONS

10.1 Warranties and Covenants by You

You hereby represent, warrant, and covenant that: (a) you (a user, an Entity Personnel member, or a representative of an Entity) are at least of the Adult Age; (b) you have full power and authority to enter into and perform these Terms; (c) the execution and performance of these Terms does not conflict with or violate any agreement to which you are a party or any court order to which you are subject; and (d) with respect to your activities related to these Terms, you have complied with, and will comply with all applicable laws.

10.2 Availability Less Than 100%

THE O2X OFFERINGS, INCLUDING REMOTE ACCESS AND ANY MOBILE NOTIFICATIONS, WILL NOT BE AVAILABLE 100% OF THE TIME. There may be instances in which you do not receive notifications, as well as instances in which the O2X Offerings are under maintenance.

10.3 Exclusion of Warranties

10.3.1 Overall Warranty Exclusion

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE O2X OFFERINGS OR ANY OTHER MATTERS, AND (B) WE DISCLAIM THE FOLLOWING: (I) ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND PERFORMANCE; (II) ALL IMPLIED WARRANTIES, DUTIES AND CONDITIONS OF MERCHANTABILITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE; (III) ALL WARRANTIES REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF ANY TECHNOLOGY, SOFTWARE OR CONTENT PROVIDED BY YOU OR ANY THIRD PARTY; AND (IV) ALL WARRANTIES AND LIABILITIES ARISING FROM OR RELATED TO SUCH TECHNOLOGY, SOFTWARE AND CONTENT.

10.3.2 As Is; As-Available; Errors

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND EACH OF OUR AFFILIATES OPERATES AND PROVIDES THE O2X OFFERINGS ON AN "AS IS" AND "AS-AVAILABLE" BASIS, AND WITH ALL ERRORS AND FAULTS. WE DO NOT WARRANT OR GUARANTEE THAT ANY PART OF THE O2X OFFERINGS WILL BE: (A) ERROR-FREE OR WITHOUT DEFECTS OR VIRUSES; (B) SATISFACTORY TO YOU; (C) PERFORMED ERROR-FREE, UNINTERRUPTED OR WITHOUT SECURITY VULNERABILITIES; OR (D) OPERABLE IN COMBINATION WITH ANY HARDWARE, OTHER SOFTWARE, SYSTEMS OR DATA NOT SUPPLIED BY US OR SPECIFIED IN THE DOCUMENTATION.

10.3.3 Communication Channels

YOU ACKNOWLEDGE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATION CHANNELS, INCLUDING THE INTERNET AND MOBILE COMMUNICATION NETWORKS, AND THAT THE O2X OFFERINGS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATION CHANNELS. WE WILL NOT BE RESPONSIBLE FOR: (A) ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS; OR (B) ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION, OR SECURITY OF THE O2X OFFERINGS THAT ARISE FROM THE USAGE OF SUCH COMMUNICATION CHANNELS OR THIRD-PARTY TECHNOLOGY.

11. LIMITATION OF LIABILITY

11.1 Overall Exclusion of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO THE USE, UNAVAILABILITY, FUNCTION, MALFUNCTION, OPERATION, OR ERRONEOUS OPERATION OF ANY PART OF THE O2X OFFERINGS.

11.2 Exclusion of Special Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ANY LOSS OF REVENUE OR PROFITS, ANY LOSS OF OR DAMAGE TO ANY DATA, ANY LOSS OF OR DAMAGE TO ANY DEVICES OR OTHER PROPERTY, ANY PERSONAL INJURY (INCLUDING ANY HEALTH ISSUE, HARM, INJURY, PAIN, SUFFERING, OR DEATH), OR ANY DAMAGES OR LOSS ARISING FROM OR RELATING TO REPUTATIONAL HARM OR LOSS OF PRIVACY, OR ARISING FROM OR IN ANY WAY RELATING TO THE USE OF (OR INABILITY TO USE) ANY PART OF ANY O2X OFFERINGS EVEN IF WE OR ANY AFFILIATE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.

11.3 Maximum Liability

THE MAXIMUM LIABILITY OF US AND OUR AFFILIATES FOR ALL LOSSES, DAMAGES AND LIABILITIES RELATING TO ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR THE O2X OFFERINGS, WHETHER IN CONTRACT, IN TORT (BASED ON NEGLIGENCE OR ANOTHER BASIS), OR OTHERWISE, WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT OF ANY FEES THAT YOU HAVE ACTUALLY PAID TO US UNDER THESE TERMS; PROVIDED, HOWEVER, THAT SUCH TOTAL AMOUNT WILL BE LIMITED TO THE FEES PAID WITHIN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

12. INDEMNIFICATION

12.1 Exception for Governmental Entity

If you are a Governmental Entity, the obligations provided in Sections 12.2 and 12.3 below will not apply to or be binding upon you.

12.2 Indemnification Obligation

Subject to Section 12.1, you will, at all times during and after the term of these Terms, defend, indemnify, reimburse and hold harmless, us and our parents, subsidiaries, affiliates, stockholders, managers, directors, officers, employees, customers, licensors, service providers, suppliers, vendors, licensees, contractors, beneficiaries, assignees, successors in interest, and third parties that provide products or services to, or receives products or services from, us (collectively, "Our Group") from and against any and all losses, claims, lawsuits, proceedings, expenses, recoveries and damages, including reasonable legal expenses, costs and attorneys' fees, arising from or relating to various scenarios including property damage, personal injury, data loss, unauthorized access, violations of law, and breach of these Terms.

12.3 Indemnification Payments

Subject to Section 12.1, if we suffer or incur any expenses, costs, damages, or other liabilities arising from or relating to any of the Indemnifiable Claims, we may periodically provide you with invoices for the amount of such expenses, costs, damages, and other liabilities. Within thirty (30) days after you receive each such invoice, you will fully pay the invoiced amount to us.

13. APPLE'S MINIMUM TERMS

13.1 Our Agreement with Apple

In accordance with our agreement with Apple Inc. ("Apple") relating to the iOS mobile application of the O2X Offerings ("iOS App"), O2X and you agree to the terms provided in this Article 13 below, which only apply if you use our iOS App.

13.2 Acknowledgement

O2X and you acknowledge that: (a) these Terms are concluded between O2X and you only, and not with Apple; and (b) O2X, not Apple, is solely responsible for the iOS App and the content thereof.

13.3 Scope of License

The license granted to you for the iOS App must be limited to a non-transferable license to use the iOS App on any Apple-branded products that you own or control and as permitted by the usage rules set forth in Apple's App Marketplace terms of service.

13.4 Maintenance and Support

We will be solely responsible for providing any maintenance and support services with respect to the iOS App, as specified in these Terms or as required under applicable law. O2X and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.

13.5 Warranty

O2X will be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the iOS App to conform to any applicable warranty expressly set forth in these Terms, (a) you may notify Apple, (b) Apple will refund the purchase price for the iOS App to you, and (c) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App.

13.6 Product Claims

O2X and you acknowledge that O2X, not Apple, will be responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of the iOS App, including: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

13.7 Intellectual Property Rights

O2X and you acknowledge that, in the event of any third party's claim that the iOS App or your possession and use of the iOS App infringes such third party's intellectual property rights, O2X, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

13.8 Legal Compliance

You represent and warrant that: (a) 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" region; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

13.9 Developer Name and Address

In Section 14.1 of these Terms, we have stated our name and address, and the contact information (telephone number and email address) to which any of your questions, complaints, or claims with respect to the iOS App should be directed.

13.10 Third-Party Terms of Agreement

You will comply with all applicable third-party terms of agreement when using the iOS App.

13.11 Third Party Beneficiary

O2X and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

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14. MISCELLANEOUS

14.1 Notices

All notices under these Terms will be in writing and may be given by personal delivery, nationally recognized courier service, or mail. In addition, we may provide you with notice under this Terms via the email address that you provide to us or via any messaging system within your Account. Any notice that you provide relating to or involving any dispute, claim, controversy, arbitration, lawsuit, or legal action must, to be effective, be delivered to us at least via a nationally or internationally recognized courier with proof of delivery service requested, or via registered or certified U.S. mail with return receipt requested and postage prepaid.

Our Notice Address:O2X Human Performance, LLC1 Mill Wharf PlazaSuite S12Scituate, Massachusetts 02066

14.2 Government Rights

The O2X Offerings are "commercial products" or "commercial services," as such terms are defined in FARS §2.101. Any use, reproduction, display, modification, performance, distribution, or disclosure of such commercial products or commercial services by the U.S. government will be governed solely by these Terms and will be prohibited except to the extent expressly permitted by these Terms.

14.3 Export Restrictions

The export laws and regulations of the United States and any other relevant local export laws and regulations will apply to O2X Offerings. You will comply with all such export laws and regulations. You will not, directly or indirectly, export any portion of O2X Offerings or export any data, information, software programs or materials resulting from any O2X Offerings in violation of these laws.

14.4 Assignment

You will not assign any rights or delegate any obligations under these Terms without our prior written consent. Any attempted assignment in violation of these Terms will be null and void. We may assign all or any part of our rights or obligations under these Terms without your consent to any subsidiary, affiliate, successor in interest or other party through contractual assignment, merger, acquisition or otherwise.

14.5 Force Majeure

We will not be liable for any failure or delay in the performance of our obligations pursuant to these Terms if such failure or delay is caused, directly or indirectly, by any cause beyond our reasonable control, including fire, flood, earthquake, storm, element of nature, act of God, act of war, terrorism, cyberattack, riot, civil disorder, rebellion, revolution, labor strike, labor lockout, pandemic, epidemic, public health crisis, failure of public utilities, interruption or failure of the Internet or any cellular networks, industry-wide unavailability of raw materials or parts, change in law, issuance of a judicial or governmental order, the illegality of any activity or transaction related to these Terms.

14.6 Independent Contractors

In the performance of these Terms, you and O2X will at all times act as, and be deemed to be, independent contractors. You will not be considered an employee, joint venturer, agent or partner of us. Neither you nor O2X will be authorized to assume or create any obligations or responsibilities, express or implied, on behalf of, or in the name of, one another.

14.7 Dispute Resolution

14.7.1 Definitions

For the purposes of this Section 14.7: (a) the term "Dispute" will mean any dispute, controversy, claim, or cause of action arising out of or relating to: (i) these Terms or the interpretation, enforceability, breach, termination, applicability, or validity of these Terms; (ii) any O2X Offering, Submission, Tracked Data, Feedback, or Our Property; or (iii) any other dispute arising out of or relating to the relationship between you and us; (b) the term "Our Group" will mean O2X and its parents, subsidiaries, affiliates, stockholders, directors, officers, employees, agents, suppliers, beneficiaries, assignees, and successors in interest; (c) the term "Your Group" will mean you and those in privity with you, such as your beneficiaries; (d) the term "Parties" means you and us, and the term, "Party" means either you or us.

14.7.2 Mediation

If either Party seeks to initiate any legal action against the other Party arising from any Dispute, the Party seeking such legal action will provide the other Party with written notice of such Dispute, specifying and describing the Dispute in detail. If the Parties fail to resolve such Dispute in writing within thirty (30) days of negotiations after the date of such notice, either Party may initiate an arbitration proceeding in accordance with Section 14.7.3.

14.7.3 Arbitration

If, after the mediation under Section 14.7.2, either Party decides to take any legal action with respect to the Dispute that is the subject of the mediation, the terms of this Section 14.7.3 will apply.

(a) No Lawsuit. No member of Our Group or Your Group will submit the Dispute to any court of law. Our Group and Your Group hereby forfeit their right to file and litigate a lawsuit in a court of law relating to the Dispute. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH MEMBER OF YOUR GROUP AND OUR GROUP HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THOSE RIGHTS AND ALL RIGHT TO TRIAL BY JURY IN CONNECTION WITH THE DISPUTE. EACH SUCH MEMBER WILL RESOLVE SUCH DISPUTE SOLELY THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION 14.7.3. NO PART OF THE ARBITRATION WILL BE CONSOLIDATED WITH ANY OTHER ARBITRATION OR CONDUCTED ON A CLASS-WIDE OR CLASS ACTION BASIS.

(b) American Arbitration Association. The Party who initiates the arbitration proceeding will submit the Dispute to the American Arbitration Association ("AAA") for binding resolution. The Dispute will be resolved exclusively and finally by the AAA.

(c) Election of Arbitrator. The arbitration will be conducted by and before three (3) arbitrators. The Parties will confer to mutually select the arbitrators. If the Parties are unable to agree upon the arbitrators within thirty (30) days after the Dispute is submitted to the AAA, the AAA will independently assign the three (3) arbitrators.

(d) Substantive Law; Award Limitations; Place; Language. In the arbitration, the arbitrators will apply the laws of the State of Massachusetts, excluding its conflict of law principles. The arbitrators will not have the right to award treble damages, punitive damages, or attorneys' fees to the prevailing Party, provided that if we prevail and the arbitrators determine that your claim was frivolous, the arbitrators will award attorneys' fees and costs to us at our request. The location of the arbitration will be in Suffolk County of the State of Massachusetts or any other location that the Parties agree upon. The arbitration will be conducted in the English language.

(e) AAA Contact Information. Information may be obtained from the AAA online at www.adr.org or by calling the phone number or writing to the address specified at such website.

14.8 Limitation on Time to Bring an Action

Regardless of any law to the contrary, any Dispute that you bring, whether through arbitration or otherwise, must be submitted to the AAA or otherwise filed within one (1) year after such Dispute arose. Thereafter, such Dispute will forever be barred.

14.9 Injunctive Relief

Notwithstanding Section 14.7 or anything else in these Terms to the contrary, in the event of your breach or threatened breach of Article 3, 5, or 6, you acknowledge that our remedies at law would be inadequate and that we would suffer continuing and irreparable injury to our businesses and opportunities, and therefore, in the event of any such violation or threatened violation, we will be entitled, in addition to any other remedies available, to seek a temporary restraining order and other injunctive relief in a court of law without any requirement to prove actual damages or to post a bond.

14.10 Reservation of Remedies

You acknowledge and agree that we have, will reserve, will retain, and may exercise, both during and after the termination of these Terms, all rights and remedies available to us (whether derived from these Terms, from applicable law or otherwise) as a result of or in connection with your breach of these Terms or misuse of Our Property.

14.11 Waiver

Our delay or failure in enforcing any right or remedy afforded under these Terms or by law will not prejudice or operate to waive that right or remedy or any other available right or remedy.

14.12 Severability

If any term of these Terms is held invalid or unenforceable by a court of competent jurisdiction, or becomes invalid or unenforceable by operation of law, the remainder of these Terms will continue in full force and effect, and such term will be replaced with another term consistent with the purpose and intent of these Terms.

14.13 Modification for Enforceability

If any provision of these Terms is deemed unenforceable because of its scope in terms of waiver, disclaimer, liability limitation, area, time, business activities, ownership or other matters, the arbitrators or court making such determination will have the power to modify such provision, through reductions or limitations thereon or to delete specific words or phrases, and in its reduced form, such provision will then be enforceable and will be enforced under applicable law.

14.14 Entire Agreement

These Terms (including the Supplemental Terms, the Payment Terms, and any other documents described above as being incorporated into these Terms) form the complete agreement between you and O2X relating to the O2X Offerings, and these Terms supersede all prior or contemporaneous agreements or representations, written or oral, regarding the subject matter described herein.

14.15 Amendment

Subject to Section 14.16, these Terms may not be modified, and the rights, obligations, and restrictions may not be altered or waived, except in a writing signed by both Parties. These Terms will not be modified by any course of dealing, course of performance, or usage of trade.

14.16 Updated Versions

From time to time, we may modify any portion of these Terms, resulting in an updated version thereof. We may provide you with a written notice of such modification (including a link to or copy of such updated version) through an email or message sent via any messaging system of your Account. If you decline to accept and be bound by any updated version of these Terms, your sole recourse is to permanently discontinue using the O2X Offerings and terminate these Terms in accordance with Section 8.2.

14.17 Controlling Terms; Conflicts

These Terms supersede the terms in any purchase order, procurement internet portal, or other similar document not provided by O2X, and no terms included in any such purchase order, portal, or document will apply to the O2X Offerings. If any of these Terms conflict with any Supplemental Terms or Payment Terms, these Terms will control and prevail.

14.18 Construction; Interpretation

Each Party acknowledges and agrees that: (a) it has reviewed and fully understands the terms and provisions of these Terms; (b) no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of these Terms or the changes made through any revisions; and (c) the rule of construction to the effect that any ambiguities are resolved against the drafting party will not be employed in the interpretation of these Terms.

14.19 English Language

These Terms will be interpreted and construed exclusively in the English language. All notices and correspondence related to these Terms will be written exclusively in the English language.

14.20 Electronic Signature

For purposes of these Terms, (a) your electronic signature will be deemed your written signature, and (b) the following will be deemed your electronic signature: (i) your click inputs submitted to us electronically through a screen or graphical interface that you receive from us or our Affiliates; (ii) your consent or approval expressed in an email, HTML document, web interface, mobile interface, or other graphical interface received by us; and (iii) any image that represents your signature, including your printed name displayed in standard or stylized format on an electronic document in PDF or other digital format.

End of Platform Terms

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