XLR8 AI TERMS OF SERVICE

These XLR8 AI, Inc. Terms of Service (the "Terms") are a binding contract between your organization and XLR8 AI, Inc.("XLR8", "we", "us", and/or "our"), a California corporation. These Terms set forth the terms and conditions that govern you as an individual ("you," "your") and your organization's ("you," "your," or "Customer" as used in these Terms) access to and use of the {brand_name} website at https://www.xlr8.ai (the "Site"), the web-based dashboard to manage the accounts and activity of users within your organization (the "Dashboard") and any other services offered as part of the XLR8 platform (collectively with the Site, App, and Dashboard, the "Services").

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOU MAY ONLY EXECUTE THESE TERMS AND CREATE A CUSTOMER ACCOUNT IF YOU HAVE THE AUTHORITY TO EXECUTE THESE TERMS ON BEHALF OF YOUR ORGANIZATION AND THE ABILITY TO ENSURE THAT YOUR ORGANIZATION COMPLIES WITH EACH AND EVERY PROVISION OF THESE TERMS. You must agree to and accept all of the Terms on behalf of your organization in order to have the right to use the Services as an account administrator or authorized user.

These Terms are updated and effective as of December 30, 2025.

These Terms are in effect and are a binding contractual obligation between Customer and XLR8 while you use the Services, and will extend beyond your use of the Services as indicated herein. These Terms constitute the sole and exclusive agreement governing your Customer's access to the Services.

DEFINITIONS

Here are a few key definitions we use throughout these Terms - please keep them in mind:

"Applicable Laws" means all federal, international, state, provincial, and local laws, statutes, acts, ordinances, rules, codes and regulations, executive orders and other official releases of or by any government, or any authority, court, department or agency thereof, including those in any jurisdiction from or in which the Service is provided or received.

"Anonymized Data" means aggregate, anonymized data used by XLR8 for the purpose (i) of compiling performance, error-tracking, and maintenance information, (ii) developing and testing functions and features of the Services, and (iii) training, fine-tuning, and developing models, vectors, and other tools for artificial intelligence and machine learning systems.

"Authorized Users" means individual employees or agents of Customers using a Service seat.

"Confidential Information" means information, materials, or data relating to a party, or the Services that are not generally known to or available for use by the public; personal information pertaining to current or former employees, members, or officers of a party; and all other information, materials, or data, if any, that a party is required by law or contract to keep confidential. Confidential Information shall include Customer Data. Confidential Information does not include information (i) that becomes publicly available other than by reason of disclosure by any receiving party in breach of these Terms or by another source bound by an obligation of confidentiality to the disclosing party; (ii) to the extent permitted by the disclosing party in writing; (iii) if known to the receiving party or its personnel prior to disclosure by or on behalf of the disclosing party (whether under these Terms or otherwise) without breach of any other confidentiality obligations; (iv) is developed by XLR8 without use of or reference to the Confidential Information; or (v) is provided by Authorized Users to obtain Outputs.

"Customer Data" means information, data, and other content, in any form or medium, that is provided by Customer to XLR8 or accessed by XLR8 in the course of providing the Services nonpublic information supplied by Customer's Authorized Users, and any other proprietary information provided by Customer to XLR8 for use in the Services.

"Customer Public Data" means information, data, and other content, in any form or medium, that is collected by XLR8 or otherwise received directly from Customer for the purpose of providing Services which are publicly available, such as websites, blogs, etc.

"Inputs" means anything you upload to the Services.

"Intellectual Property Rights" means patents, utility models, rights to inventions, copyright and neighboring and related rights, trademarks and service marks, business names and domain names, brand, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

"Licensed Data" means Inputs, Customer Data and such Customer Public Data as is owned or controlled by Customer and used to operate the Services for Customer's benefit, any feedback provided for any purposes related to the delivery, operation, maintenance, monitoring, development, and improvement of the Services and related offerings, whether originated (a) by Customer or Customer's Authorized Users; or (b) by XLR8 through operation of the Services (for example, AI-Optimized Content or other outputs).

"Outputs" means any output of the Services.

"Personal Data" means information about an individual that (a) can be used to identify, contact or locate a specific individual; (b) can be combined with other information that is linked to a specific individual to identify, contact or locate a specific individual; or (c) is defined as "personal data" or "personal information" by applicable laws or regulations relating to the collection, use, storage or disclosure of information about an identifiable individual.

"Services" means XLR8's Generative Engine Optimization (GEO) platform and associated account services, which enables customers to track and optimize their product's presence in AI-generated responses from large language models (LLMs) such as ChatGPT, Gemini, and Perplexity. Services include AI citation monitoring, share-of-voice reporting, LLM coverage analysis, and manual support to assist with onboarding, setup, and weekly prompt and content strategy, and may be performed by software or XLR8 personnel designed to improve the Customer's visibility and representation in AI-generated responses.

ACCESS TO THE SERVICES

XLR8 agrees to provide Customer with the Services, subject to Customer's timely payment of all Fees due hereunder. Customer acknowledges and agrees that the purpose of the Services is to disseminate information publicly and make certain Customer Data more discoverable. You agree to treat the Services as Confidential Information of XLR8.

Authorized Users

Authorized Users, and no other personnel, customers, or end users of Customer, are permitted to access the Services. Customer is solely responsible for (i) its Authorized Users actions in connection with the Services, (ii) obtaining appropriate consent from such users for the processing of information about them in the course of controlling access to the Services, and (iii) for their compliance with the relevant terms of these Terms.

Usage Restrictions

Services are provided on a prepaid basis, and will be made available in XLR8's discretion following XLR8's receipt of payment for the applicable month. XLR8 is only obligated to make Services available to Customer when all Fees for the Services have been timely paid by Customer. Customer acknowledges and agrees that Customer Data is required to operate the Services successfully.

Permitted Uses

Subject to compliance with these Terms, the Privacy Policy, and all associated documentation, you and your Authorized Users may access and use the Services solely on behalf of your Customer, through an authorized implementation, and only for lawful purposes in accordance with all Applicable Laws. You may only use the Services if you are at least eighteen (18) years of age and legally competent to agree to these Terms.

Prohibited Competition and Commercial Use

You may not use, reference, display, or rely on the Services to build, benchmark, evaluate, replace, or support any product or service that competes with {brand_name} in any way, including internal tools, derivative offerings, replacements for part or all of the Services, or competitive analysis. You may not charge Authorized Users third parties any fee to access or use your enterprise account or the Services. You will not (and will not permit a third party to): (a) resell, lease, rent, sublicense, distribute, provide access to (on a time-share, outsourcing or service bureau basis), or otherwise make available the Service to a third party other than Authorized Users. Customer shall be responsible for the security of passwords issued to each Authorized User. Customer is solely responsible for the accuracy, content, and legality of all Customer Data.

Data and Content Restrictions

You may not upload, transmit, process, collect, or otherwise provide any personal data, confidential information, or commercially sensitive information relating to yourself or any other individual, except to the limited extent strictly necessary for authentication or account access. You may not collect, harvest, or extract personal data from the Services, including names, email addresses, or organizational affiliations.

Technical and Security Restrictions

You may not copy, modify, duplicate, display, transmit, download, distribute, scrape, mine, mirror, frame, or create derivative works of any portion of the Services or related intellectual property.

You may not reverse engineer, decompile, decode, disassemble, or otherwise attempt to derive the source code or underlying structure of the Services.

You may not access the Services through unauthorized means, use automated tools (including robots, spiders, scrapers, or data mining tools), or generate request traffic exceeding that of a reasonable human user.

You may not bypass, disable, or circumvent technical safeguards, access controls, or usage limitations.

You may not interfere with, compromise, or attempt to compromise the security, integrity, availability, or performance of the Services, servers, or related systems.

You may not transmit malicious code, including viruses, worms, trojans, or other harmful software agents.

Misuse, Misrepresentation, and Harm

You may not use the Services in any manner that is unlawful, fraudulent, deceptive, defamatory, or that violates intellectual property rights, privacy rights, or rights of personality. You may not promote or engage in hatred, violence, or harm against any individual or group. You may not impersonate another person, misrepresent affiliation, conceal identity, or imply endorsement, sponsorship, or partnership with XLR8 without prior express written consent.

Account Responsibilities

You agree we may use a third party authentication provider to manage account and login data about Authorized Users. You agree to fulfill the following responsibilities in connection with your account:

• Accounts are issued to and managed by a Customer organization; individuals do not own accounts.
• You may not use another person's account without permission.
• You are solely responsible for all activity conducted under your account and must maintain strong, secure credentials.
• You must promptly notify us of any suspected breach of security or unauthorized use.
• We are not liable for losses arising from unauthorized account use or changes made by administrators within your Customer.

Communications and Cookies

By providing an email address, you consent to receiving service-related notices electronically, including legally required notices. Marketing or promotional communications may be sent subject to available opt-out mechanisms, which do not affect receipt of service-related notices.

The Services may use cookies as described in the Privacy Policy, including Stripe cookies for payment processing, authentication cookies, and other functional cookies; use of the Services is permitted only if such practices are acceptable to you.

Enforcement

If we reasonably believe that the Services have been used in violation of these Terms or guidelines, we may terminate or suspend access immediately and at our sole discretion, without prior notice. We may cooperate with law enforcement investigations relating to your content or use of the Services.

CUSTOMER OBLIGATIONS

You agree as follows:

Cooperation

The Services operate best with cooperation between Customer and XLR8. Customer is not obligated to engage in such cooperation, but acknowledges and agrees that desired results depend upon Customer's implementation of certain results, content, and distribution based on the outputs of the Services. You acknowledge and agree that if you do not provide reasonable cooperation in using the Services, you will not be entitled to any refund or compensation for Fees.

No Personal Data

The Services are not intended to consume or process Personal Data except for authentication of Authorized Users, and Customer shall ensure that (1) the Customer Data does not contain Personal Data and (2) it will obtain any necessary consent for the authentication information of Authorized Users to be maintained and stored by XLR8 in confidence for use in authentication.

Compliance with Law

Customer will ensure that its use and its Authorized Users' use of the Services is in accordance with Applicable Law. Customer is solely responsible for obtaining all permissions and consents from its Authorized Users, as applicable, for XLR8 to receive and use the Licensed Data in the Services as contemplated by these Terms.

LICENSES

Ownership of Services and Platform IP

Customer acknowledges and agrees that XLR8 is and shall remain the sole owner of the Services and all intellectual property rights therein, including any derivative works created by any person, subject to licenses for third-party components incorporated into the Services. Nothing in these Terms transfers to Customer any ownership interest in the Services or any related intellectual property.

Customer Intellectual Property and Data Rights

Customer represents and warrants that it owns or otherwise has all rights necessary to use, submit, and grant the licenses described in these Terms with respect to: (i) Customer Data; and (ii) any Customer Public Data submitted or used at Customer's request in connection with or to configure the Services. Licensed Data may originate: (a) from Customer or its Authorized Users, including Inputs submitted through the Services; or (b) from XLR8 through operation of the Services, including Outputs or AI-optimized content.

License Granted to XLR8

To the extent not already granted, Customer grants XLR8 an irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive license to use, publish, reproduce, perform, display, distribute, modify, prepare derivative works based upon, make, have made, import, and otherwise exploit the Licensed Data and Outputs for:

Product Improvements and Modifications. For the purpose of providing and improving the Services for Customer.

Use of Foundational Models. For the purpose of configuring and operating the Services' third party interactions.

Publicity. XLR8 shall have the right to display Customer's name/logo on XLR8's website as an existing customer of XLR8 during the Term. Customer hereby grants to XLR8 a limited right and license to use its name and logo for the purpose of exercising the foregoing right.

License Granted to Customer

During the Term, XLR8 grants Customer and its Authorized Users a personal, limited, non-exclusive, non-transferable, non-sublicensable, license to access and use the Services developed specifically for Customer. Access and use rights for Authorized Users arise solely by virtue of the user's status with Customer and Customer's payment for any seats associated with such Authorized User.

Data Processing and Storage

Inputs may be submitted and Outputs delivered through third-party integrations that utilize the Services. To provide the Services, XLR8 may analyze Inputs and retrieve or process data from third-party services, models, and infrastructure, which may be formatted into Outputs. XLR8 may store Inputs in real time to enable prompt responses, verify service functionality, and support monitoring, development, and improvement of the Services and other products and services. By using the Services, Customer acknowledges and agrees that XLR8 may use and store information and data transmitted by Customer for these purposes.

Customer acknowledges and agrees that the Services necessarily rely on third parties, including foundational model providers and infrastructure providers such as vector and ranking systems. You and Customer further represent and warrant that Customer owns all rights in any Inputs necessary for XLR8 to operate the Services using such third parties.

USER RESPONSIBILITY AND LIABILITY DISCLAIMER

You are solely responsible for your interactions, and if applicable those of your Organization's agents, with other users and for any information shared with them. XLR8 reserves the right, but has no obligation, to monitor disputes between users. XLR8 expressly disclaims all liability arising from user interactions, including any action or inaction by any user or any use of Customer content.

Warranty Disclaimer

The Services are provided AS IS and with all faults. Customer acknowledges and agrees that the operation of the Services is dependent upon certain third party networks and technologies, and that XLR8 shall not be responsible for any delay or interruption of Services caused by restrictions or obligations imposed by, or services outages of, such a third party. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES, THE CONTENTS THEREIN, AND ANY ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS IS." COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT, EFFICACY, OR OTHERWISE WITH RESPECT TO THE SERVICES, AI ANSWERS, AI-OPTIMIZED CONTENT, ANY INFORMATION STORED THEREIN OR OBTAINED THEREBY. IN NO EVENT WILL COMPANY OR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR ANY POSSIBLE LOSS, COST OR DAMAGE INCLUDING CONSEQUENTIAL DAMAGES WHICH MIGHT OCCUR AS A RESULT OF OR ARISING OUT OF USING, ACCESSING, INSTALLING, MAINTAINING, MODIFYING, DEACTIVATING OR ATTEMPTING TO ACCESS THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF YOUR CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICE; AND/OR (F) YOUR DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF $100.00.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT IT IS AN ESSENTIAL TERM OF THIS AGREEMENT AND MATERIAL TO OUR OFFER OF THESE TERMS FOR ACCESSING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THE AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

FEES

Customer shall pay all fees specified by XLR8 in its sole discretion (the "Fees") on or before the 1st day of the period in which Services are to be provided. XLR8 reserves the right to modify the Fees at any time, and may quote annual or monthly Fees in its sole discretion. Fees are nonrefundable.

TERM

These Terms shall commence as of the date any Authorized User of Customer signs up for the Services and will automatically renew unless terminated in accordance with this Section.

XLR8 may terminate these Terms at any time in its sole discretion.

Customer may terminate these Terms by providing written notice to XLR8 prior to the end of the then-current billing period to {notice_email}, and such termination will become effective as of the end of such billing period.

Upon the effective date of any termination:

• To the extent any payments are due or overdue from Customer, Customer shall remain obligated to make any such payment to XLR8 promptly.
• Customer shall not be entitled to any refunds for Fees paid for Services at any time.

Sections relating to XLR8's licenses, indemnities, limitations of liability, and warranty disclaimers and sections related to term and termination shall survive the termination or expiration of these Terms.

CUSTOMER REPRESENTATIONS AND WARRANTIES

Customer represents and warrants:

Rights to Customer Data

Customer has obtained or provided any and all consent, notice, license or other rights required by applicable law from third parties or its Authorized Users, as applicable, for XLR8 to receive and use the Licensed Data in the Services as contemplated by these Terms.

Authority

The Authorized User is an authorized signatory of Customer and has the capacity to bind Customer to these Terms.

Authorized Users

Customer has taken commercially reasonable measures to ensure that only Authorized Users are able to access the Services account dashboard and data, and that such Authorized Users are subject to reasonable confidentiality requirements commensurate with the Confidentiality Section of these Terms.

INDEMNIFICATION

Indemnification of XLR8

Customer shall indemnify, defend and hold harmless XLR8 and each of its owners, partners, representatives, members, managers, directors, officers, employees, and agents (each referred to as a "XLR8 Indemnitee"), from any and all losses, costs, liabilities, claims, expenses, and damages (including attorneys' fees, fines, penalties, judgments, and expenses in connection therewith and amounts paid in any investigation, defense, or settlement thereof) to which any of such XLR8 Indemnitees may directly or indirectly become subject which is caused by (1) Customer's violation of these Terms, misuse of the Services, gross negligence, willful misconduct, violation of Applicable Law, fraud, bad faith, or material breach of these Terms, (2) disputes between Customer and its Authorized Users, or (3) allegation(s) that the Licensed Data infringes, misappropriates, or violates the Intellectual Property Rights or privacy rights of any third party when XLR8 handles such data in accordance with these Terms. Customer expressly acknowledges and agrees that Customer has carefully read these Terms and has given careful consideration to the obligations imposed upon Customer by these Terms, including this section, and the provisions of this section are an essential inducement to XLR8 to enter into these Terms.

DMCA NOTICE

We respect content owner rights, and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide all of the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on our Service;
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to our DMCA Agent using the following contact information: 149 New Montgomery St. Suite 323, San Francisco, CA, 94105.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that the preceding requirements do not constitute legal advice. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.

GENERAL

No Assignment

The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

Notices

We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website or through the Services, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain notifications as required under applicable laws or as described in these Terms or our Privacy Notice. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the 'last modified' date at the top of this page and notify you that material changes have been made to these Terms. These Terms apply to and govern your access to and use of our Service, effective as of the date of you first accessed or used the Services, even if such access or use began before publication of these Terms. Your continued use of our Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any part of these Terms or any future Terms of Service, do not use or access (or continue to access) our Service.

If you have any questions about these Terms, or the Agreement, please contact us at support@tryxlr8.ai.

Entire Agreement

These Terms, including the recitals hereto, which are incorporated by this reference, constitutes the entire agreement between the Parties hereto concerning the subject matter hereof and supersedes any prior or contemporaneous agreements concerning the subject matter hereof.

California Residents

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Amendment

These Terms may be modified by XLR8 upon notice to the Customer through any Authorized User.

Interpretation

Headings and formatting may vary by display format and are intended for reference only and shall have no effect on the meaning of any provision of these Terms. Any words following the terms "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. References to a person include a natural person, corporate or unincorporated body (whether or not having separate legal personality). Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

Independent Contractors

XLR8 is an independent contractor of Customer, and these Terms shall not be construed to create a partnership, joint venture or employment relationship between you and XLR8.

Severability

The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision hereof. If any provision is held invalid, illegal or unenforceable in any jurisdiction, then, to the fullest extent permitted by law, all other provisions hereof will remain in full force and effect in such jurisdiction.

No Waiver

No delay or omission in XLR8 exercising any right hereunder will operate as a waiver of that or any other right. A waiver or consent given on one occasion is effective only in that instance and will not be construed as a bar to or waiver of any right on any other occasion. To be effective, a waiver must be in writing and signed by the waiving Party.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of California, and any disputes hereunder will be adjudicated in the state and federal courts having jurisdiction over San Francisco County, California.