Terms and Conditions for 4XDigital.AI INC

  1. Services
    1.1 Company agrees to provide Customer with digital marketing services and access to its Product, as described in Exhibit A during the Term (as defined in Section 3) in accordance with the terms and conditions of this Agreement.

    1.2 Company shall provide Customer with reasonable support during the Term.  

    1.3 Company reserves the right to modify the Product from time to time, provided that such modifications do not materially adversely affect Customer's use of the Product.
  2. Intellectual Property
    4.1 Company owns all rights, title, and interest in and to the Product.  

    4.2 Customer grants Company a non-exclusive, non-transferable license to use Customer Data solely for the purpose of providing the Services.  

    4.3 Customer is solely responsible for the content of Customer Data and any harm resulting therefrom.
  3. Confidentiality
    5.1 Each party agrees to keep confidential all Confidential Information of the other party.  

    5.2 Confidential Information does not include information that is already publicly known, was independently developed by the receiving party, or was rightfully obtained from a third party without a confidentiality obligation.
  4. Limitation of Liability
    6.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY.
  5. Entire Agreement
    7.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
  6. Governing Law
    8.1 This Agreement will be governed by and construed in accordance with the laws of the State of Delaware.
  7. Dispute Resolution
    9.1 Any dispute arising out of or relating to this Agreement will be settled by binding arbitration in accordance with the rules of the American Arbitration Association.
Exhibit A: Description of Product and Services
  1. Overview: The Product provided by 4XDigital.AI ("Company") is a Software as a Service (SaaS) solution designed to automate campaign management and optimization across multiple digital advertising channels.
  2. Features: The Product includes the following features and functionalities:
    • Create ads across multiple advertising channels.
    • View all the ads running across multiple advertising channels.
    • View various advertising metrics.
    • Ability to pause a 4X campaign or any associated ads.
    • Generation of ad creatives.
    • Optimization of ads across multiple advertising channels.
  3. Services: The company will provide the following services:
    • Digital advertising:
          1. Crafting a holistic advertising strategy based on the goals of the customer.
           2. Revising and updating the advertising strategy based on various metrics.
  4. Access and Use: Customer shall have access to the Product via a web browser. Customer may use the Product solely for its internal business purposes in accordance with the terms and conditions of the SaaS Agreement.
  5. Data Security: Company shall implement commercially reasonable security measures to protect Customer's data stored and processed on the Product, including encryption, access controls, and regular security audits.
  6. Updates and Enhancements: Company may, from time to time, update or enhance the Product to improve performance, security, or functionality. Company shall notify Customer of any material changes to the Product in advance.
  7. Third-Party Components: The Product may incorporate third-party components or services, which may be subject to additional terms and conditions. Company shall notify Customer of any such third-party components and any relevant terms.