TERMS OF USE

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Last updated August 21, 2025

Acceptance of Terms of Use; Overview

The following terms and conditions, together with any referenced documents (collectively, "Terms of Use") are a legal agreement between you, your employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively, “you” and “your”), and Loxodonta, LLC (“Loxodonta” “we,” “us” and “our”). Except as otherwise provided herein, the Terms of Use apply to Loxodonta public websites, including without limitation https://www.loxodonta.io/ (collectively “Website”).

These Terms of Use form a binding contract between you and us when accepted by you.  You accept these terms of use by accessing or using the Website.  If you do not agree to these Terms of Use, you may not use the Website.  This Website is offered and available only to users 18 years of age or older. The individual accepting these Terms of Use represents that he or she is of legal age to form a binding contract with the us, and, to the extent accepting these terms on behalf of an entity, has the authority to represent the entity.  If you do not meet all these requirements, you must not access or use the Website.

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. All material changes apply prospectively only. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Personally identifiable information collected about you by this Website is treated in accordance with the Privacy Notice available at https://www.loxodonta.io/privacy/  (“Privacy Notice”), which is hereby incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or Privacy Notice, you must exit the Website.

Access

We reserve the right to terminate or modify the Website including any of its content, in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

Accounts

To access portions of the Website or certain resources, you may be asked to provide certain registration details or other information.  If you choose, or you are provided with, a user name, password or other information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree that you are solely responsible to us for all activities identified with your account. You agree to immediately notify Loxodonta of any unauthorized use of your user name or password or any other breach of security. Loxodonta has the absolute right to disable any user name or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of these Terms of Use.

Loxodonta Products

The “Website” does not include the Loxodonta products or services, and these Terms of Use do not govern the use or provision of any Loxodonta or Loxodonta partner product or service, including without limitation the Loxodonta Platform, regardless of whether such use is on a free, trial or paid basis.  You may initiate trials of certain Loxodonta products and services through the Website, the provision of those trials is governed by the Loxodonta Terms and Conditions available at https://www.loxodonta.io/terms/ and is not subject to these Terms of Use.

Use of the Website

Posting and User Content

You and other third‑party users of the Website may be permitted to post, submit, contribute, publish, display, make available or transmit to others (hereinafter, "post") information, data, or other content, including but not limited to executable scripts, files, code, APIs, webhooks, keys, URLs, applications or other materials (collectively, "User Content") on or through the Website. Unless otherwise expressly provided, User Content is considered non‑confidential and non‑proprietary, and you hereby grant to Loxodonta a perpetual, irrevocable, royalty‑free, fully‑paid, sublicensable, transferable, non‑exclusive, worldwide license to copy, distribute, modify, make derivative works of, publicly display, publicly perform, make, use, sell, translate and disclose to third parties any User Content that you post for any purpose. We are under no obligation to post or use any User Content, and reserve the right to edit or remove User Content in our sole discretion. Notwithstanding anything to the contrary in any agreements between you and us, you are wholly liable for the User Content that you submit and all use thereof, and Loxodonta shall have no liability for such User Content or use. You represent and warrant that you own, or have a right of use from a third party, the User Content that you submit for the purpose for which you submit it.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage, or take advantage of, our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You are prohibited from linking to any other page of the Website without our express written permission. We reserve the right to withdraw linking permission without notice. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in stopping any unauthorized framing or linking.

Acceptable Use

You agree to comply with the following code of conduct in your use of the Website:

• Be polite and courteous. Respect and treat others as you would expect to be treated yourself.
• Respect your audience. Posts should not upset, annoy, threaten, harass, abuse or embarrass other users.
• User Content may not include material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Lively and collegial discussions are always encouraged in a healthy community. It is okay to argue facts but not okay to argue personalities or personal beliefs.
• Be accountable for your actions by correcting your mistakes and indicating where you have changed a previous post of yours.

Prohibited Uses

You agree not to access or use the Website in any manner:

• That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.
• That violates the rights of any person or entity or that may give rise to civil or criminal liability under laws or regulations applicable to you, another user, and/or Loxodonta, including violation of privacy or publicity rights, infringement of any copyright, patent, trademark, trade secret or other intellectual property right, or conflicts with these Terms of Use or the Privacy Notice.
• To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• To monitor or attempt to gain unauthorized access to: (a) an account or computer not belonging to you; (b) any data, information or communications on any network or system not owned by you, without authorization; (c) any system or network user accounts or passwords of other users, without authorization; or (d) e‑mail addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, password robbery, spidering and harvesting).
• That is false, deceptive, misleading or fraudulent, including but not limited to: (a) any attempt to impersonate any person or entity, including any other user, Loxodonta or a Loxodonta employee; (b) any attempt to misrepresent your identity or affiliation with any person or organization; and (c) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.
• To use, transmit or introduce: (a) information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or subject to the Health Information Technology for Economic and Clinical Health (HITECH) Act; or (b) non‑public sensitive or personally identifiable information including but not limited to driver’s license numbers, passport numbers, social security numbers, tax identification numbers, voter registration numbers or similar identifying numbers, health information, or financial information including bank, checking, credit card, debit card, or other account numbers except as necessary and in connection with a transaction.
• For the purposes of recruiting, advertising, solicitation or commercial activities of any kind without the express written consent of Loxodonta, including, but not limited to: (a) promotions, contests, sweepstakes, barter, advertising or pyramid schemes; and (b) the transmission of, or procurement of sending, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To monitor or copy materials on the Website for any unauthorized purpose or access the Website via any automatic device, process or means of access such as a robot or spider.
• That may have a detrimental effect on the Website’s function, user interaction or security, including but not limited to: (a) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (b) attempting to intercept, redirect or otherwise interfere with communications intended for others; (c) disabling, damaging, overburdening or impairing the Website or any server, computer or database connected to or accessed by the Website; (d) modifying, blocking or otherwise interfering with the display of the Website; (e) interfering with another user’s ability to access, use and enjoy the Website; (f) accessing another user’s registration information or user account without that user’s express written permission; (g) transmitting or introducing any malicious or technologically harmful element to the Website such as a spyware program, virus, Trojan horse, worm or logic bomb; (h) performing, without Loxodonta's express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Website; and (i) engaging in any activities that results in any server being the target of a denial of service attack.

Loxodonta Store, Third Party Content & Materials

The store accessible on the Website (“Store”), permits users to access additional information about Loxodonta and its partners’ products or services.  If you request information about or access those partners’ products or services on the Store, you agree to have your personal information shared with Loxodonta's partners for marketing purposes. Loxodonta customers may also be able to link directly to the Loxodonta Customer store within the Loxodonta Platform (“Loxodonta Customer Store”) or from the Store. 

Taxes, Payment Information and Third-Party Fees.

For any purchases made through the Website you agree to pay any applicable fees, taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, and foreign transaction fees). We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. All payments will be in $USD and made to our entity located in the United States.  You hereby authorize us to share your information with third-party payment processors to store your payment method and use it in connection with purchases. To avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You hereby authorize us to continue billing your account with the updated information that we obtain.

Mention of third parties and third‑party products in any materials, advertising, promotions or coupons provided to you is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third‑party product specifications and descriptions are supplied by the respective vendors or suppliers, and Loxodonta shall have no responsibility with regard to the selection, performance or use of such vendors or products. To the extent you access or use such products, all understandings, agreements or warranties, if any, shall be directly between the vendor and you.

Links to non-Loxodonta sites are provided solely as pointers to information on topics that may be useful to users of the Website, and we have no control over the content on such non-Loxodonta sites. If you choose to link to a site not controlled by Loxodonta, we make no warranties, either express or implied, concerning the content of such site, including regarding accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that such sites or content are free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such sites or content are devoid of viruses or other contamination. Links to non-Loxodonta sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites.

Intellectual Property

Website

The Website in its entirety is owned by Loxodonta or our licensors and is protected by United States and international laws regarding copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights. You are permitted to use the Website only for legitimate business purposes related to your role as a current or prospective customer, developer, partner, supplier or distributor of Loxodonta. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any Website content without Loxodonta's express prior written consent or except as expressly provided in these Terms of Use.  No rights are granted to you with respect to any content, including User Content other than the limited, personal, non‑exclusive license to reproduce content as necessary to display the content on a machine that you use to interact with the Website.

Trademarks

The Website includes marks and trademarks that belong to us, including, without limitation, Loxodonta, the Loxodonta logo, and other Loxodonta marks that are trademarks and/or registered trademarks of Loxodonta, LLC, or its affiliates or licensors. Other words, symbols, and company product names may be trademarks of the respective companies with which they are associated.

Restrictions

There are no implied licenses under these Terms of Use.  Loxodonta reserves all rights not expressly granted to you herein.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Monitoring, Enforcement and Feedback

Loxodonta may:

• Remove or refuse to post any User Content and/or terminate your access to all or part of the Website for any reason or no reason, in our sole discretion, including without limitation any violation of these Terms of Use or the Privacy Notice.
• Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Feedback & Suggestions

Loxodonta shall have a perpetual, irrevocable, royalty‑free, fully‑paid, sublicensable, transferable, non‑exclusive, worldwide license to make, use, sell, offer for sale, import or otherwise use or commercially exploit for any purpose, any feedback, comments, suggestions, communications, and requests for improvements or enhancements relating to the Website or the Loxodonta products and services.

Legal Considerations

Disclaimer of Warranties

AS BETWEEN YOU AND LOXODONTA, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED TO YOU BY LOXODONTA ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LOXODONTA NOR ANY PERSON ASSOCIATED WITH LOXODONTA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, SUITABILITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER LOXODONTA NOR ANYONE ASSOCIATED WITH LOXODONTA REPRESENTS OR WARRANTS THAT THE WEBSITE, INCLUDING THE WEBSITE CONTENT OR ANY PRODUCTS, SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, ERROR‑FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Loxodonta cannot and does not promise or warrant that any aspect of the Website is free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti‑virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  LOXODONTA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL‑OF‑SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Forward-Looking Statements

The Website may contain express or implied forward-looking statements, which are based on current expectations of management. Any such statements are neither promises nor guarantees, but are subject to a variety of risks and uncertainties, including scientific, business, economic and financial factors, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in these forward-looking statements. Loxodonta assumes no obligation to update any forward-looking statements and such statements are current only as of the date they are made.

Limitation of Liability

EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL LOXODONTA, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR SUBMISSION OF USER CONTENT, OR YOUR USE, OR INABILITY TO USE, THE WEBSITE OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, AND EVEN IF LOXODONTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS LOXODONTA AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS AGAINST ANY CLAIM, LOSS, DAMAGE, SETTLEMENT, COST, EXPENSE OR OTHER LIABILITY (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING FROM OR RELATED TO ANY USER CONTENT YOU SUBMIT.

Regional Legal Considerations, Export Restrictions

Loxodonta is based in the state of California in the United States. The Website can be accessed from countries around the world.  Access to the Website may not be legal by certain persons or in certain jurisdictions. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all laws applicable to you, including local laws. Access to the Website from jurisdictions where the Website or any of its services or products are illegal is prohibited.

You may not access, download, use or export materials posted to the Website in violation of U.S. export laws or regulations or in violation of any other applicable export or import laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority.

Without limiting the foregoing, you represent and warrant that you are not located in, and shall not use the Website from, any country that is subject to U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan and Syria.

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non‑contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California in the United States without giving effect to any choice or conflict of laws provision or rule (whether of the State of California or any other jurisdiction).

The sole and exclusive jurisdiction and venue for actions arising under these Terms of Use shall be state and federal courts in Santa Clara County, California, and the parties agree to service of process in accordance with the rules of such courts.

Entire Agreement

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.  For the avoidance of doubt, these Terms of Use do not supersede the Loxodonta Terms and Conditions available at https://www.loxodonta.io/terms/ or other agreement pursuant to which you have been granted the right to use or access a Loxodonta product or provided a Loxodonta service, except to the extent that these Terms of Use provide Website content or other offerings are not subject to warranty or entitled to support, service credits, refunds, or other service entitlements under a product or services agreement.