Terms and Conditions

1.1 Welcome to Xposto

Xposto ("Xposto," "we," "us," or "our") operates a software-as-a-service platform that provides social media management, scheduling, and content creation tools, with a primary focus on the X platform (formerly known as Twitter). These Terms and Conditions ("Agreement") govern your access to and use of the Xposto platform, including all websites, applications, APIs, and services provided thereby (collectively, the "Service").

1.2 Binding Agreement

By accessing, browsing, registering an account, or otherwise using the Service, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to all of the terms and conditions of this Agreement, you must not access or use the Service.

1.3 Capacity to Contract

You represent and warrant that you: (a) are at least the age of majority in your jurisdiction of residence; (b) have the legal capacity to enter into binding contracts; and (c) if you are entering into this Agreement on behalf of a business entity, you have the authority to bind such entity to all terms and conditions herein.

1.4 Acceptance on Behalf of Entities

If you access or use the Service on behalf of a company, corporation, partnership, or other legal entity, you represent that you have the legal authority to bind such entity to this Agreement, and you agree to be bound by this Agreement on behalf of such entity.

2.1 Defined Terms

For purposes of this Agreement, the following terms shall have the meanings ascribed to them below:

• (a)"Account" means a registered User account on the Xposto platform that provides access to the Service and its features.
• (b)"AI Services" means the artificial intelligence-powered content generation, text creation, and related features provided as part of the Service.
• (c)"Applicable Laws" means all federal, state, local, and international laws, regulations, ordinances, and governmental requirements applicable to the use of the Service.
• (d)"Authorized User" means an individual who is authorized by you to access and use the Service under your Account, subject to the limitations of your Subscription Plan.
• (e)"Channel" or "Social Account" means a single X (Twitter) account connected to the Service for the purpose of scheduling, posting, or managing social media activity.
• (f)"Content" means all information, text, graphics, images, videos, audio, software, data, and other materials uploaded, posted, or transmitted through the Service.
• (g)"Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, database rights, design rights, and other proprietary rights, whether registered or unregistered.
• (h)"Lifetime Deal" means a Subscription Plan that provides ongoing access to the Service for the duration of its availability, subject to the terms of the specific promotional offer.
• (i)"Linked Services" means third-party platforms, services, and applications, including but not limited to the X platform, that are integrated with or accessible through the Service.
• (j)"Privacy Policy" means the Xposto's privacy policy, as may be amended from time to time, which is incorporated herein by reference.
• (k)"Service" means the Xposto software platform and all associated services, features, functionalities, and content provided thereby.
• (l)"Subscription Plan" means the specific tier or level of service you have subscribed to, which determines the features, limits, and pricing applicable to your Account.
• (m)"User Content" means Content that you upload, post, submit, or transmit through the Service.
• (n)"Workspace" means a designated environment within the Service that allows you to organize and manage one or more Channels.
• (o)"X" means the social media platform operated by X Corp. (formerly known as Twitter), including all associated APIs and services.

2.2 Interpretation

• (a)Headings are for convenience only and shall not affect the interpretation of this Agreement.
• (b)References to "including" or "includes" shall be construed as "including without limitation."
• (c)References to statutes or regulations include any amendments, successors, or replacements thereto.
• (d)Words in the singular include the plural, and vice versa.

3.1 Overview of Services

Xposto provides a comprehensive social media management platform designed to assist Users in creating, scheduling, publishing, and managing content on the X platform. The Service includes, but is not limited to:

• (a)Content Scheduling: Tools for creating and scheduling posts to be published at specified future times.
• (b)Content Creation: AI-powered tools for generating post content, including text, captions, and related creative materials.
• (c)Account Management: Capabilities for connecting and managing one or more X accounts through a unified interface.
• (d)Analytics: Tools for tracking and analyzing post performance and engagement metrics.
• (e)Multi-Account Management: Workspace-based organization for managing multiple Channels and Accounts.
• (f)Media Management: Tools for uploading, storing, and managing documents, visual and audio content, or other related creative materials for use in posts.

3.2 Service Modifications

Xposto reserves the right to modify, enhance, or discontinue any features or functionalities of the Service at any time, with or without notice, in accordance with Article 18 of this Agreement.

3.3 No Guarantee of Availability

You acknowledge that the Service relies upon third-party platforms and APIs, including those provided by X Corp. Xposto does not guarantee the continued availability of any specific features, integrations, or functionality.

4.1 Eligibility Requirements

To use the Service, you must:

• (a)Be at least eighteen (18) years of age or the age of legal majority in your jurisdiction.
• (b)Have not been previously suspended or removed from the Service.
• (c)Have valid credentials for the X platform(s) you intend to connect to the Service.
• (d)Provide accurate, current, and complete information during registration.
• (e)Maintain and promptly update your registration information.

4.2 Account Registration

• (a)To access certain features of the Service, you must create an Account by providing the required information and completing the registration process.
• (b)You agree to provide true, accurate, current, and complete information during registration and to update such information promptly to maintain its accuracy.
• (c)Xposto reserves the right to refuse registration, suspend, or terminate Accounts in its sole discretion.

4.3 Account Security

• (a)You are solely responsible for maintaining the confidentiality of your Account credentials, including your username and password.
• (b)You agree to immediately notify Xposto of any unauthorized access to or use of your Account.
• (c)You are solely liable for all activities conducted through your Account, whether by you or any third party.
• (d)Xposto shall not be liable for any loss or damage arising from your failure to maintain Account security.

4.4 Account Access for Support

By granting Xposto access to your Account for support purposes, you authorize Xposto to access, view, and interact with your Account data solely for the purpose of providing technical support, troubleshooting, and resolving issues. This access is limited to what is necessary to provide support services.

5.1 Subscription Plans

• (a)The Service is offered through various Subscription Plans, each with different features, limits, and pricing as described on Xposto's website.
• (b)Subscription Plans may include limits on: (i) the number of Channels or Social Accounts; (ii) the number of Workspaces; (iii) the volume of posts or scheduled content; (iv) the volume of AI-generated content; (v) access to specific features or functionalities.
• (c)Certain Subscription Plans may be offered as promotional offers or Lifetime Deals, subject to specific terms and limitations.

5.2 Pricing and Payment

• (a)All fees are stated in U.S. dollars unless otherwise specified.
• (b)For recurring subscription plans, you authorize Xposto to charge your designated payment method on a recurring basis (monthly or annually, as applicable) until your subscription is cancelled.
• (c)Payment is due at the time of purchase or at the commencement of each billing cycle.
• (d)All fees are exclusive of applicable taxes, levies, or duties, which shall be your responsibility.
• (e)Xposto reserves the right to modify subscription fees at any time, with notice prior to your next billing cycle.

5.3 Payment Methods

• (a)You agree to provide valid and current payment information.
• (b)You authorize Xposto to charge all fees to your designated payment method.
• (c)For recurring payments, you authorize the automatic charging of your payment method on each renewal date.
• (d)If payment is declined or fails, Xposto may suspend or terminate your access to the Service.

5.4 Taxes

All fees are exclusive of any applicable sales, use, value-added, or other taxes. You are responsible for paying all such taxes associated with your use of the Service.

5.5 Fee Changes

Xposto may change its fees at any time. Any fee change shall become effective at the beginning of the next billing cycle following notice of such change.

5.6 Refund Policy

• (a)The Company offers a refund policy for purchases made directly from the Company. You may request a full refund within fourteen (14) days of the original purchase date.
• (b)Refund requests must be submitted in writing to Xposto customer support team at support@xposto.com.
• (c)Purchases made through third-party marketplaces are subject to the refund policies of those respective platforms and are not governed by this Refund Policy.
• (d)Lifetime Deals and promotional pricing are final and non-refundable.
• (e)For the complete Refund Policy, including all terms, conditions, exceptions, and limitations, please visit: https://xposto.com/refund-policy

5.7 Lifetime Deals and Promotional Plans

• (a)Lifetime Deals provide access to the Service for the duration of its availability, subject to these Terms.
• (b)Lifetime Deals do not guarantee: (i) the continued availability of all features or integrations present at the time of purchase; (ii) that new features or integrations released after purchase will be included; (iii) perpetual access to any specific third-party platform.
• (c)Xposto may modify or discontinue Lifetime Deals with reasonable notice, provided that the core functionality of the Service remains available.

6.1 Grant of License

Subject to your compliance with this Agreement and payment of all applicable fees, Xposto grants you a limited, non-exclusive, non-transferable, revocable license to:

• (a)Access and use the Service during the term of your subscription.
• (b)Use the software, applications, and tools provided as part of the Service solely for your internal business purposes.
• (c)Access and view the content and materials made available through the Service.

6.2 Scope of License

• (a)This license is personal to you and may not be assigned, sub-licensed, or transferred to any third party without Xposto's prior written consent.
• (b)The license is conditional upon your continued compliance with this Agreement.
• (c)You may not use the Service for any unlawful purpose or in any manner inconsistent with this Agreement.

6.3 Ownership

The Service, including all software, algorithms, designs, documentation, and other materials provided thereby, are owned by Xposto or its licensors and are protected by applicable Intellectual Property Rights.

7.1 Prohibited Activities

You agree not to, and shall not permit any third party to:

• (a)Use the Service for any unlawful purpose or in violation of any Applicable Laws.
• (b)Violate the terms of service or policies of any Linked Service, including the X platform's terms of service.
• (c)Upload, post, or transmit any Content that is infringing, defamatory, obscene, pornographic, harassing, hateful, or otherwise unlawful; that violates the rights of any third party; or that contains viruses, malware, or other harmful code.
• (d)Attempt to gain unauthorized access to the Service, other Users' Accounts, or Xposto's systems.
• (e)Interfere with or disrupt the integrity or performance of the Service.
• (f)Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• (g)Remove, alter, or obscure any proprietary notices on the Service.
• (h)Use the Service to send spam, unsolicited messages, or any content in violation of anti-spam laws.
• (i)Harass, threaten, or intimidate any person.
• (j)Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• (k)Use the Service for any competitive or benchmarking purposes without Xposto's prior written consent.
• (l)Exceed your Subscription Plan limits or attempt to bypass any usage restrictions.

7.2 Enforcement

Xposto reserves the right to investigate and take appropriate legal action for any suspected violations of this Article 7, including suspending or terminating Accounts without notice.

8.1 Xposto Intellectual Property

• (a)The Service, including all software, technology, designs, graphics, logos, and other materials, are the exclusive property of Xposto and its licensors.
• (b)No part of the Service may be copied, modified, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without Xposto's prior written consent.
• (c)All Intellectual Property Rights in the Service are expressly reserved.

8.2 Trademarks

"Xposto" and the Xposto logo are trademarks of Xposto Other trademarks, service marks, and trade names used in connection with the Service are the property of their respective owners.

8.3 Reservation of Rights

Xposto reserves all rights not expressly granted in this Agreement.

8.4 Copyright Infringement

• (a)Xposto respects the Intellectual Property Rights of others and expects Users to do the same.
• (b)If you believe that your work has been infringed, please provide Xposto's designated agent with a written notice containing: (i) a description of the copyrighted work; (ii) identification of the allegedly infringing material; (iii) your contact information; (iv) a statement of good faith belief; (v) a statement of accuracy; and (vi) your signature or electronic signature.

9.1 Ownership of User Content

• (a)You retain all ownership rights in and to your User Content.
• (b)By uploading, posting, or transmitting User Content through the Service, you grant Xposto a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content solely as necessary to provide and improve the Service.

9.2 User Content Representations

You represent and warrant that:

• (a)You own or have the necessary rights to your User Content.
• (b)Your User Content does not infringe upon the rights of any third party.
• (c)Your User Content complies with this Agreement and all Applicable Laws.

9.3 Data Storage and Retention

• (a)Xposto stores User Content in accordance with its data retention policies, which vary by Subscription Plan: (i) Free Plan Users: Content retained for thirty (30) days; (ii) Lifetime Deal Users: Content retained for thirty (30) days; (iii) Subscribers: Content retained for twelve (12) months.
• (b)After the applicable retention period, User Content may be automatically deleted and may become irretrievable.
• (c)You are responsible for exporting or backing up any User Content you wish to retain before the retention period expires.
• (d)Xposto may retain de-identified analytics, billing records, and security logs in accordance with its data retention practices.

9.4 Content Monitoring

Xposto does not actively monitor User Content but reserves the right to review, remove, or block access to User Content that violates this Agreement or Applicable Laws.

10.1 Linked Services

• (a)The Service may integrate with or provide access to third-party platforms, services, and applications ("Linked Services"), including but not limited to the X platform.
• (b)Your use of Linked Services is subject to the terms and conditions of the respective third-party providers.
• (c)You acknowledge and agree that Xposto does not control and is not responsible for Linked Services.

10.2 X Platform Integration

• (a)The Service is designed primarily for integration with the X platform.
• (b)Your use of the X platform through the Service is subject to X Corp.'s terms of service and policies.
• (c)You acknowledge that X Corp. may change its terms, APIs, policies, or access requirements at any time, which may affect the Service's functionality.

10.3 Platform Changes

• (a)You acknowledge that Linked Services may, at any time: change their terms, policies, or pricing; limit or revoke access to their APIs; modify rate limits or functionality; or block or restrict Xposto's application.
• (b)Xposto shall not be liable for any loss or damage arising from changes to Linked Services or the unavailability of any integration.
• (c)Changes to Linked Services do not constitute grounds for refunds or service credits.

10.4 Third-Party Payment Processors

• (a)Xposto may use third-party payment processors to handle billing and payment transactions.
• (b)Your payment information is subject to the terms and privacy policies of the applicable payment processor.

11.1 AI Services Description

The Service includes AI-powered content generation tools ("AI Services") that assist Users in creating text and other related creative content for social media posts.

11.2 Fair Usage Policy

• (a)To ensure service quality and availability for all Users, Xposto has implemented fair usage limits on AI Services.
• (b)AI plans are subject to a maximum monthly usage cap of 5,000,000 (five million) characters per month.
• (c)The fair usage limit is intended to accommodate typical human usage patterns and is set significantly higher than average consumer usage.

11.3 Prohibited Uses

You agree not to use the AI Services to:

• (a)Generate bulk spam or unsolicited content.
• (b)Create datasets for training competing machine learning models.
• (c)Generate content that violates the safety guidelines of the underlying AI providers.
• (d)Engage in automated content generation through bots, scripts, or other automated means.
• (e)Resell AI-generated content as a service through the platform.

11.4 Service Limitations

• (a)Xposto may implement rate limits, including velocity caps (typically 3–10 generations per minute), to prevent abuse.
• (b)During periods of heavy usage, Xposto may throttle generation speeds or utilize high-efficiency models, which may affect output quality or latency.
• (c)Xposto reserves the right to review accounts that consistently reach usage thresholds.

11.5 Account Sharing

• (a)Access to Services is granted to a single User.
• (b)Sharing account credentials among multiple individuals is prohibited.
• (c)Accounts with simultaneous logins from multiple geographic locations may be suspended pending review.

12.1 Privacy Policy

• (a)Xposto's privacy practices are governed by its Privacy Policy, which is incorporated into this Agreement by reference.
• (b)By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

12.2 Data Security

• (a)Xposto implements reasonable technical and organizational measures to protect User data.
• (b)While Xposto uses commercially reasonable efforts to secure data, no method of electronic transmission or storage is completely secure, and Xposto cannot guarantee absolute security.

12.3 Data Processing

• (a)Xposto processes User data solely as necessary to provide the Service.
• (b)Xposto shall not sell, rent, or disclose User data to third parties except as described in the Privacy Policy or as required by law.

13.1 Confidential Information

• (a)"Confidential Information" means any non-public information disclosed by either party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.
• (b)Confidential Information does not include information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was known to the receiving party prior to disclosure; (iii) is independently developed by the receiving party; or (iv) is rightfully obtained from a third party.

13.2 Confidentiality Obligations

• (a)Each party agrees to protect the other party's Confidential Information using the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.
• (b)Each party agrees not to disclose the other party's Confidential Information to any third party without prior written consent.

13.3 Permitted Disclosures

Notwithstanding the foregoing, a party may disclose Confidential Information:

• (a)To its employees, contractors, and agents who need to know such information and who are bound by confidentiality obligations.
• (b)As required by law, regulation, or court order, provided that the disclosing party gives the other party reasonable notice (to the extent legally permitted) and reasonably cooperates in seeking protective measures.

14.1 Xposto Warranties

Xposto warrants that: (a) it has the right and authority to enter into this Agreement; (b) the Service will perform substantially in accordance with the documentation; and (c) it will provide the Service in a professional and workmanlike manner.

14.2 Disclaimer

14.3 No Guarantee of Results

You acknowledge that Xposto does not guarantee any specific results from the use of the Service, including any specific outcomes from social media campaigns, engagement metrics, or content performance.

14.4 Third-Party Disclaimers

14.5 User Warranties

You warrant that: (a) you have all necessary rights to your User Content; (b) your use of the Service complies with this Agreement and all Applicable Laws; and (c) you have all necessary permissions to connect third-party accounts to the Service.

15.1 Exclusion of Damages

15.2 Cap on Liability

15.3 Basis of the Bargain

You acknowledge that the disclaimers and limitations in this Article 15 reflect the allocation of risk between the parties and form an essential basis of the bargain between the parties.

15.4 Applicability

Some jurisdictions do not allow the exclusion or limitation of certain damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, liability shall be limited to the maximum extent permitted by law.

16.1 Indemnification by You

You agree to indemnify, defend, and hold harmless Xposto and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• (a)Your User Content.
• (b)Your use of the Service.
• (c)Your violation of this Agreement or any Applicable Laws.
• (d)Your violation of any rights of any third party.
• (e)Your connection of third-party accounts to the Service.

16.2 Indemnification Procedure

Xposto shall: (a) promptly notify you of any claim for which indemnification is sought; (b) allow you to control the defense and settlement of such claim; and (c) provide you with reasonable cooperation and assistance in the defense of such claim.

16.3 Indemnification by Xposto

Xposto agrees to indemnify, defend, and hold you harmless from and against any claims by third parties that the Service, as provided by Xposto and used in accordance with this Agreement, infringes or violates the Intellectual Property Rights of such third party, provided that you: (a) promptly notify Xposto of the claim; (b) allow Xposto to control the defense and settlement; and (c) provide Xposto with reasonable cooperation and assistance.

16.4 Remedy

If the Service is, or in Xposto's reasonable opinion is likely to become, the subject of an infringement claim, Xposto may, at its option and expense: (a) procure the right for you to continue using the Service; (b) modify or replace the Service to make it non-infringing; or (c) terminate this Agreement and refund a pro-rata portion of prepaid fees.

17.1 Term

• (a)This Agreement shall commence on the date you first access or use the Service and shall continue until terminated as provided herein.
• (b)For subscription plans, this Agreement shall automatically renew for successive billing periods unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

17.2 Termination by You

• (a)You may terminate this Agreement at any time by: (i) cancelling your subscription through your Account settings; or (ii) providing written notice to Xposto.
• (b)Upon termination, you shall not be entitled to a refund of any prepaid fees, except as expressly provided in this Agreement.

17.3 Termination by Xposto

• (a)Xposto may terminate this Agreement immediately, without prior notice, if you: (i) materially breach this Agreement and fail to cure such breach within thirty (30) days after notice; (ii) engage in conduct that Xposto reasonably believes may cause legal liability or reputational harm; (iii) become insolvent or file for bankruptcy; or (iv) fail to pay fees when due.
• (b)Xposto may terminate this Agreement for convenience upon thirty (30) days' written notice to you.

17.4 Effect of Termination

• (a)Upon termination: (i) your right to access and use the Service shall immediately cease; (ii) you shall delete all copies of any software provided by Xposto; (iii) you shall return or destroy all Confidential Information of Xposto.
• (b)The following provisions shall survive termination: Articles 8, 9, 13, 14, 15, 16, 19, 20, and 21.

17.5 Data Deletion

Upon termination, Xposto may delete your User Content and Account data in accordance with its data retention policies, as described in Article 9.

18.1 Modifications to the Service

Xposto reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, including: (a) adding or removing features or functionalities; (b) changing usage limits or caps; (c) updating or upgrading the Service; (d) requiring Users to reconnect accounts or accept new workflows.

18.2 Modifications to Terms

• (a)Xposto may modify this Agreement at any time.
• (b)If the modification is material, Xposto will provide at least thirty (30) days' notice prior to the changes taking effect.
• (c)"Material" modifications include changes that: (i) significantly affect the scope or quality of the Service; (ii) impose new fees or increase existing fees; (iii) materially affect your rights or obligations; or (iv) adversely affect data privacy or security.
• (d)Your continued use of the Service after the effective date of modified terms constitutes acceptance of the modified terms.

18.3 No Liability for Changes

Xposto shall not be liable for any modification, suspension, or discontinuation of the Service or this Agreement, provided that Xposto continues to make the core Service available in accordance with this Agreement.

19.1 Dispute Resolution Process

• (a)The parties agree to attempt in good faith to resolve any dispute arising out of or relating to this Agreement through negotiation.
• (b)Prior to initiating arbitration, the parties shall engage in informal dispute resolution for a period of sixty (60) days.

19.2 Arbitration Agreement

• (a)Any dispute, claim, or controversy arising out of or relating to this Agreement that is not resolved through informal negotiation shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.
• (b)The arbitration shall be conducted in Delaware, United States, by a single arbitrator.
• (c)The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

19.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its Intellectual Property Rights or Confidential Information.

19.4 Class Action Waiver

19.5 Limitation on Actions

20.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

20.2 Jurisdiction and Venue

• (a)Any dispute not subject to arbitration shall be resolved exclusively in the state or federal courts located in Delaware, United States.
• (b)Each party hereby consents to the exclusive jurisdiction and venue of such courts.

20.3 Waiver of Jury Trial

21.1 Entire Agreement

This Agreement, together with the Privacy Policy and any other documents incorporated herein by reference, constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior agreements, representations, and understandings.

21.2 Amendments

This Agreement may not be amended, modified, or supplemented except by a written instrument signed by an authorized representative of Xposto.

21.3 Waivers

The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.

21.4 Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

21.5 Assignment

You may not assign or transfer this Agreement without Xposto's prior written consent. Xposto may assign this Agreement to any affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets.

21.6 Notices

• (a)All notices under this Agreement shall be in writing and shall be deemed given when: (i) delivered personally; (ii) sent by confirmed email; (iii) one (1) business day after deposit with a nationally recognized overnight courier; or (iv) three (3) business days after mailing by certified mail, return receipt requested.
• (b)Notices to Xposto shall be sent to: Xposto, Email: support@xposto.com
• (c)Notices to you shall be sent to the email address associated with your Account.

21.7 Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from any cause beyond the reasonable control of that party, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

21.8 Independent Contractors

The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties.

21.9 Third-Party Beneficiaries

This Agreement is for the sole benefit of the parties and their permitted successors and assigns. There are no third-party beneficiaries.

21.10 No Third-Party Rights

No one other than a party to this Agreement shall have any right to enforce any of its terms.

21.11 Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Electronic signatures shall be deemed valid and binding.

21.12 Geographic Restrictions

The Service is controlled and operated from the United States. Xposto makes no representation that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with local laws.

22.1 Contact Us

If you have any questions about this Agreement or the Service, please contact us:

22.2 Customer Support

For customer support inquiries, please contact support@xposto.com. Our support team is available Monday through Friday, 9:00 AM to 5:00 PM EST, excluding holidays.