Jordan Terms

Last Updated: August, 2024

11X AI INC. ("11X", "we", "us" or "our"), located at 8 The Green, Suite R, Dover, Kent County, Delaware 19901, provides its services under the following terms and conditions. By accessing or using our Services, you ("Subscriber") agree to comply with and be bound by these Terms of Service.

1. Compliance and Legal Obligations

Subscriber acknowledges that 11X provides tools intended for responsible and lawful use. It is the sole responsibility of the Subscriber to ensure that all use of the Services complies with applicable laws and regulations, including but not limited to those governing automated or prerecorded calls and texts. Continued use of the Services requires strict adherence to these Terms. 11X may monitor the use of its Services, including the uploading of information, databases, or audio messages, but is under no obligation to do so and assumes no responsibility for such activities. Subscriber agrees to comply with all relevant federal, state, and local laws, including the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule, and any applicable state regulations. Subscriber is responsible for providing accurate Caller ID information and ensuring all required legal disclosures are made.

1.1 Prohibited Uses

1.1.1. Unlawful Activities

Subscriber shall not use the Services to engage in any activity that violates any applicable federal, state, local, or international law or regulation. This includes, but is not limited to, regulations under the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule, Do-Not-Call Registry rules, and any other laws governing automated or unsolicited communications.

1.1.2. Unauthorized Communications

Cold Outbound Calling: Subscriber is expressly prohibited from using the Services to initiate unsolicited or "cold" outbound calls, texts, or other forms of communication to recipients in the United States or any other jurisdiction where such practices are restricted or prohibited. This includes telemarketing activities conducted without obtaining the necessary prior express written consent from the recipients.

Spam and Phishing: Subscriber shall not use the Services to transmit unsolicited commercial communications (spam) or to engage in phishing activities aimed at fraudulently acquiring sensitive information such as usernames, passwords, or financial details.

2. Consent to Communications

2.1. Consent to Communications

By agreeing to these Terms, Subscriber consents to receiving communications from 11X AI INC., including but not limited to automated, prerecorded, or live calls, SMS messages, and emails, at the contact information provided. Subscriber understands that these communications may be related to the Services provided by 11X, including updates, promotional offers, and other relevant information. You can opt-out at any time by following the instructions provided in each communication or by contacting us directly at support@11x.ai or going to https://jordan.11x.ai/opt-out/. If you have any questions or concerns, please contact us at support@11x.ai.

3. Ownership and Use of Data

3.1. Subscriber Data

Ownership: Subscriber retains all right, title, and interest in the information, data, and content submitted, posted, or transmitted through the Services by Subscriber ("Subscriber Data").License: Subscriber grants 11X a non-exclusive, royalty-free license to use, copy, perform, reproduce, display, store, analyze, process, and distribute Subscriber Data for the limited purpose of fulfilling obligations under these Terms. 11X commits to using Subscriber Data in aggregate and anonymized form only, refraining from using Subscriber's Confidential Information (as defined below) for training its platform or third-party AI models.

3.2. Usage Data

Ownership: Subscriber acknowledges that 11X may collect usage, technical, and statistical data regarding Subscriber's use of the Services ("Usage Data"). 11X is the sole owner of Usage Data and may use, transfer, and disclose it in aggregated and anonymized form, ensuring the removal of personal information or any data identifying the Subscriber.

4. Confidentiality

4.1. Definition of Confidential InformationA party ("Receiving Party") may, while accessing the Service, acquire information of the other party ("Disclosing Party") that such Disclosing Party designates in writing as confidential or that a reasonable person would understand to be confidential ("Confidential Information").

4.2. Treatment of Confidential Information

The Receiving Party shall not disclose Confidential Information except on a need-to-know basis to certain individuals and shall use it only for fulfilling obligations under these Terms. Upon request or termination, the Receiving Party shall promptly return or destroy all copies of Confidential Information. Unauthorized disclosure of Confidential Information would cause irreparable harm, entitling the Disclosing Party to seek injunctive relief in addition to other legal remedies.

5. Indemnification

Subscriber agrees to indemnify, defend, and hold harmless 11X, its affiliates, officers, directors, employees, agents, and representatives from any claims, damages, losses, liabilities, or expenses (including reasonable attorneys' fees) arising out of or related to:

Any breach by Subscriber of its representations, warranties, or obligations under these Terms;    Infringement or misappropriation of any intellectual property rights by Subscriber;    Subscriber's negligence, willful misconduct, or unauthorized use of the Services.

6. Limitation of Liability

To the fullest extent permitted by law, 11X shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including lost profits, arising out of or related to the use of the Services, even if 11X has been advised of the possibility of such damages. In no event shall 11X's total liability to the Subscriber exceed the amount paid by Subscriber to 11X in the twelve (12) months immediately preceding the event giving rise to the claim.

7. No Warranty Disclaimer

Except as explicitly stated, 11X provides the Services on an "as is" and "as available" basis, without warranties of any kind, either express or implied. 11X disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from a course of dealing or usage of trade. 11X does not guarantee that the Services will be uninterrupted, error-free, or free from harmful components.

8.1. Compliance with Telemarketing and Communication Laws

Subscriber agrees that they will comply with all applicable federal, state, and local laws, rules, and regulations governing the use of automated or prerecorded/artificial calls, texts, and other communications, including but not limited to the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, and any Do-Not-Call regulations. This includes ensuring that Subscriber has obtained the necessary prior express written consent from recipients before initiating communications that fall under these regulations. You can opt-out at any time by following the instructions provided in each communication or by contacting us directly at support@11x.ai or going to https://jordan.11x.ai/opt-out/. If you have any questions or concerns, please contact us at support@11x.ai.

8.2. Obligations of 11X AI INC.

11X AI INC. agrees to comply with all applicable laws when contacting Subscribers, including obtaining any necessary consents and providing required disclosures. 11X will not initiate any communication that violates these regulations and will respect any requests to opt-out of further communications.

8.3. Recording and Monitoring of Calls

Subscriber acknowledges that calls made through the Services may be recorded and monitored for quality assurance, training, or legal compliance purposes. Subscriber agrees to inform all necessary parties that their calls may be recorded, as required by applicable laws.

8.4. Subscriber Responsibility

Subscriber bears sole responsibility for ensuring that their use of the Services, including any communications initiated through the platform, complies with all relevant laws and regulations. Subscriber assumes full liability for any and all communications conducted using the Services, including ensuring compliance with consent requirements and managing opt-out requests.

9. Dispute Resolution

Any dispute arising from or relating to these Terms shall be resolved by binding arbitration, conducted in accordance with the American Arbitration Association rules. Both parties waive the right to join claims in class actions or class arbitration. The arbitration will take place in Kent County, Delaware, and the decision of the arbitrator shall be final, with no right to appeal. Each party waives the right to a trial by jury.

10. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflicts of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the state or federal courts located in Kent County, Delaware. Each party irrevocably consents to the jurisdiction and venue of such courts.

11. Export Laws and International Privacy

Subscriber agrees to fully comply with all U.S. and applicable export laws and regulations. Subscriber is not permitted to use the Services for processing personal data of EU, EEA, UK, or Swiss data subjects or persons located outside the United States of America.

12. Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of either party to enforce any right or provision under these Terms shall not constitute a waiver of future enforcement of that right or provision.

13. Non-Disparagement

Subscriber agrees not to make any statements, written or oral, that could be construed as disparaging to 11X, its products, services, or personnel. 11X similarly agrees not to disparage the Subscriber in any form.

14. Intellectual Property

11X retains all rights, title, and interest in and to its technology, including any improvements, modifications, or derivative works thereof. Subscriber acknowledges that they have no ownership rights in any of 11X's intellectual property. Subscriber agrees not to reverse engineer, decompile, or disassemble any part of the 11X platform.

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