Terms of Service
Last Updated: 17 May 2024
Welcome to Opxni Inc.! These Terms of Service ("Terms") constitute a legally binding agreement between you ("User" or "you") and Opxni Inc. ("Opxni," "we," "us," or "our"), which governs your access to and use of the Opxni website, our platform, and any associated services or products (collectively referred to as the "Platform"). By accessing, browsing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, please refrain from using the Platform.
We reserve the right to modify, update, or replace these Terms at any time, at our sole discretion, by posting the revised Terms on our website. The most current version of the Terms will be indicated by the "Last Updated" date at the top of this page. It is your responsibility to review the Terms periodically for changes. Your continued use of the Platform after any modifications to the Terms constitutes your acceptance of these revisions. If you do not agree to the modified Terms, you must stop using the Platform. We will make reasonable efforts to notify you of any significant changes to the Terms by email or through a notice on our website. However, we are not obligated to provide such notice, and it remains your responsibility to periodically review the Terms for changes. If you do not accept to these terms, you are not authorized to use the Platform.
As a user of the Platform, you are required to provide accurate, complete, and up-to-date information during the registration process and any subsequent updates. Misrepresentation of personal details, including but not limited to name and contact information, is strictly prohibited. Providing false, misleading, or outdated information constitutes a material breach of this Agreement. Impersonating another individual, entity, or organization, or creating fictitious identities to mislead or deceive, is expressly forbidden. Users must not engage in activities that involve the use of false identities or any form of identity manipulation. The use of temporary, disposable, or "throwaway" email addresses for account registration or communication is strictly prohibited. Accounts associated with such email addresses are subject to immediate termination without notice.
During the registration process and as a user of the Platform, you represent and warrant that you are at least eighteen (18) years old and that you will comply with all applicable laws (e.g., local, state, federal, and other laws). If you access or use the Platform outside the United States, you are solely responsible for ensuring compliance with the laws of your jurisdiction.
Each individual is allowed to register and maintain only one account. The creation or use of multiple accounts by a single individual is strictly forbidden. Accounts are designated for individual use only. Any company, organization, or corporate entity wishing to create an account must enter into a separate agreement with us. We may suspend or terminate unauthorized company or corporate accounts at our discretion. You are solely responsible for all activities conducted under your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree not to share your account credentials with any third party. You must immediately notify us of any unauthorized use of your account or any other breach of security. We are not liable for any loss incurred in connection with or resulting from any party's unauthorized use of a password or account. You agree not to share your account credentials with anyone else, as each account is intended for use by a single user only. If you wish to share access to the Platform with others, each individual must have their own account. We reserve the right to suspend or terminate accounts that are found to be shared among multiple users.
Users of our Platform are limited to non-professional individuals only. A "Professional User," as defined by stock exchanges, refers to any individual or entity that uses market data in connection with any trade or business activities and not for personal investment purposes. This includes, but is not limited to, registered or qualified professionals such as investment advisors or broker-dealers. It is the responsibility of the user to ensure they meet the criteria for non-professional status before registering or using our Platform.
We reserve the right to disable your account at any time for non-compliance with this Agreement or if activities on your account, in our sole discretion, could damage or impair the Platform, infringe on third-party rights, or violate any laws or regulations. Violation of any of the above provisions may result in the immediate suspension or termination of your account, at our sole discretion and without refund. We may also pursue other legal remedies as available under the law.
You may close your account at any time by contacting us at hello@opxni.com. Upon closing your account, you will lose access to the Platform, and any data associated with your account may be deleted. We are not responsible for any loss of data or information resulting from the closure of your account.
By accessing or using the Platform, you agree not to engage in any of the following prohibited activities:
We reserve the right to investigate and take appropriate legal action against anyone who violates these provisions. Actions may include removing the offending content from the Platform, suspending or terminating the violator’s account, and reporting the violations to the appropriate legal authorities.
All content, features, and functionality available on orthrough the Platform, including but not limited to data, information, text, graphics, logos, icons, images, audio, video, software, and the compilation and organization there of (collectively, "Content"), are owned by OpxniInc., its affiliates, licensors, or other providers of such material. The Content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to your compliance with these Terms, Opxni grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform and Content solely for your personal,non-commercial use. No rights are granted to you by implication or otherwise under any intellectual property owned or controlled by Opxni or its licensors,except for the permissions and rights expressly granted in these Terms.
You may not (and may not allow any third party to): (a)copy, modify, create derivative works of, reverse engineer, decompile, or disassemble the Platform or Content, except as expressly permitted by Opxni orapplicable law; (b) sell, resell, rent, lease, loan, sublicense, distribute,transfer, or otherwise commercially exploit the Platform or Content; (c)circumvent, disable or otherwise interfere with security features of thePlatform ; (d) use the Platform or Content in any manner that infringes or violatesthe rights of Opxni or any third party; or (e) use any robot, spider, scraper,or other automated means to access the Platform for any purpose without our express written permission.
The Opxni name, logo, and all related names, logos, productand service names, designs, and slogans are trademarks of Opxni Inc., its affiliates, or licensors. You may not use such marks without the prior written permission of Opxni. All other names, logos, product and service names,designs, and slogans on the Platform are the trademarks of their respective owners.
If you provide Opxni with any feedback, suggestions, ideas,or other information or materials regarding the Platform ("UserFeedback"), you hereby assign to Opxni all right, title, and interest inand to such User Feedback. Opxni is free to use the User Feedback without any attribution, compensation, or restriction.
The Platform may include content, data, software, andservices provided by third parties:
Third-Party Content and Data: The Platform may contain content provided by third parties, including financial data, research,analytics, tools, and services ("Third-Party Content"). It may also integrate or allow access to third-party data sources, such as financial market data providers ("Third-Party Data"). We do not control or endorse anyThird-Party Content or Third-Party Data and make no representations or warranties regarding their accuracy, validity, timeliness, completeness, reliability,integrity, quality, legality, usefulness, or safety. Your use of any Third-Party Content or Third-Party Data is at your own risk and subject to the applicable third party's terms and conditions.
Third-Party Code and Open Source Software: The Platform may include third-party software components ("Third-Party Code"), including components subject to open source licenses. You agree to comply with the applicable licenses and terms for any Third-Party Code and Open Source Software.
We do not guarantee the continued availability of anyThird-Party Content, Third-Party Data, or Third-Party Code. We may suspend,withdraw, or restrict access to them at any time without notice. We will not beliable for any loss or damage arising from your use of or reliance on any Third-Party Content, Third-Party Data, or Third-Party Code. By using thePlatform, you acknowledge and agree that we are not responsible for anyThird-Party Content, Third-Party Data, or Third-Party Code. Your use of such content, data, services, or code is subject to separate terms and conditions between you and the applicable third party. It is your responsibility to review and comply with any such terms and conditions.
Opxni Inc. is not registered as a securities broker-dealeror an investment adviser with the U.S. Securities and Exchange Commission, the Financial Industry Regulatory Authority ("FINRA"), or any state securities regulatory authority. The information and content provided through our Platform are for educational purposes only. We are neither licensed nor qualified to provide investment advice. We do not attempt or intend to influence the purchase or sale of any security. We accept no liability whatsoever for any direct or consequential loss arising from any use of information from our Platform. We cannot and do not assess, verify, or guarantee the adequacy, accuracy, or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. We encourage you to conduct your own research and consult with your financial advisor(s) prior to engaging in any investing activitiesand to ensure that you are aware of all the potential risks involved.
Your use of ideas, systems, and/or data provided by Opxni is at your own risk, and it is your sole responsibility to evaluate the accuracy, completeness, and usefulness of the information.
The information and content provided through our Platform is for educational purposes only and does not constitute investment, financial, or trading advice under any circumstances. We do not recommend any specific stocks, securities, or investment strategies. All investment decisions made by you are solely your responsibility and should be based on your due diligence, personal financial circumstances, and risk tolerance. We strongly recommend that you seek the advice of licensed financial, investment, tax, legal, or other professional advisors to determine the suitability of any investment.
Investing or transacting in any securities involves substantial risk; you may lose some, all, or possibly more than your original investment. It is easy to lose money trading, and we recommend always seeking individual advice from a licensed or registered professional and educating yourself as much as possible before considering any investments. There is a high degree of risk involved in trading stocks and options, and we advise youto be aware of the risks involved. Past results are not indicative of future returns. Any investment decision that results in losses or gains made based on any information on our Platform or related services is not our responsibility.The Company makes no representations or warranties, either expressed or implied, with respect to the accuracy or completeness of the information and content on the Platform.
Neither Opxni Inc. nor its personnel are licensed legal,tax, or accounting advisors. Information provided on our Platform is not intended for legal, tax, or financial planning purposes and should not be construed as such. We strongly advise that you seek personalized advice from qualified professionals to cater to your specific circumstances and legal, tax,or financial needs.
Investing in securities, including stocks, options, andother financial instruments, carries a high degree of risk. Past performance is not indicative of future results. The value of investments may fluctuate, and you may incur losses, potentially losing some or all of your invested capital. Before making any investment or trading decisions, you should carefully consider your financial situation, risk tolerance, and investment objectives.
Options trading involves additional risks and is not suitable for all investors. The use of leverage, such as in options trading,can amplify both gains and losses. It is crucial to fully understand the mechanics and risks associated with options trading before engaging in such activities.
You agree to make all payments associated with your account in consideration for your access to our platform and services. You will be charged upon purchasing the paid services, and you hereby verify and confirm that all information provided by you is correct and accurate to the best of your knowledge. We reserve the right to change the fees or applicable charges or to institute new charges and fees at any time and for any reason. We will attempt to give you advance notice of any such price changes prior to the next billing cycle.
As the services provided by us are non-tangible,irrevocable, and digital in nature, we do not issue refunds. You acknowledge that no refunds are available even if the services are terminated prior to the end of your current subscription period. All sales are final, and you can not cancel a purchase or receive a refund for a purchase. You may cancel your subscription at any time by contacting our team directly through email. Upon receiving your cancellation request, we will process the termination of your subscription.If you cancel your subscription, you will continue to have access to the paid services through the end of your then-current billing period, but you will not be entitled to a refund or credit for any fees already due or paid.
Please note that we do not offer a trial period for our services. All users are required to purchase a subscription to access the paid services.
If any fees owed to us are over due, we may, without limiting our other rights and remedies, suspend or terminate your access to the paid services. Continued non-payment will result in suspension or termination ofyour access to the services. We are not liable for any loss or damage arisingfrom your failure to make timely payments.
OPXNI INC.'S SERVICES, ALONG WITH ALL CONTENT, MATERIALS,PRODUCTS, AND SERVICES MADE AVAILABLE ON OR THROUGH THE PLATFORM, ARE PROVIDEDON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANYWARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTIES ORREPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE PERFORMANCE, OPERATION,ACCURACY, COMPLETENESS, OR RELIABILITY OF THE PLATFORM'S CONTENT, SERVICES, ORANY ASSOCIATED MATERIALS, PROGRAMS, OR PRODUCTS.
WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED,TIMELY, SECURE, OR ERROR-FREE, NOR DO WE WARRANT THE OUTCOMES THAT MAY BEOBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY, RELIABILITY, ORCOMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. WE EXPRESSLYDISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANYWARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEDISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED. YOU ACKNOWLEDGE THAT YOUR USE OFTHE PLATFORM AND SERVICES IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULLRESPONSIBILITY FOR ALL COSTS, LOSSES, OR DAMAGES RESULTING FROM SUCH USE. WEWILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THEPLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
ANY CONTENT, MATERIALS, OR INFORMATION ACCESSED, DOWNLOADED,OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWNDISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURCOMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE ORINFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THESERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, SOMEOF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. FURTHERMORE, THERE IS NOGUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE DATA WHENEVER AND WHEREVER YOUWANT, OR THAT YOUR USE OF THE DATA WILL BE UNINTERRUPTED, TIMELY, ORERROR-FREE.
OPXNI WILL NOT BE HELD RESPONSIBLE OR LIABLE IN ANY WAY FOR THE INFORMATION,PRODUCTS, OR CONTENT THAT YOU REQUEST OR RECEIVE THROUGH OR ON THE PLATFORM ORIN CONNECTION WITH THE INFORMATION. WE DO NOT ASSUME LIABILITY DUE TO ANY ACTOR DEFAULT OF ANYONE OR ANY BUSINESS, WHETHER OWNERS, STAFF, AGENTS, JOINTVENTURE PARTNERS, CONTRACTORS, VENDORS, AFFILIATES, OR OTHERWISE, AFFILIATEDWITH US. WE DO NOT ASSUME LIABILITY FOR ANY OWNERS, STAFF, AGENTS, JOINTVENTURE PARTNERS, CONTRACTORS, VENDORS, AFFILIATES, OR OTHERWISE WHO IS ENGAGEDIN PROVIDING ANY INFORMATION OR ANY CONTENTS OF THE PLATFORM OR IN ANY WAY ORIN ANY LOCATION. IN THE EVENT THAT YOU USE THE PLATFORM OR ANY OTHERINFORMATION PROVIDED BY US OR AFFILIATED WITH US, WE ASSUME NO RESPONSIBILITY.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, INJURY, OR ECONOMICLOSS ARISING FROM THE USE OF THE INFORMATION PROVIDED BY THE COMPANY, THEPLATFORM, OR BY ANY THIRD PARTY OR SERVICE PROVIDERS ON THE PLATFORM.
UNDER NO CIRCUMSTANCES SHALL OPXNI OR ITS AGENTS,SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, ORAFFILIATES BE LIABLE TO YOU, ANY THIRD PARTY, OR ANY OTHER PERSON FOR ANYSPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSSES ORDAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THISPLATFORM, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THEPLATFORM, ANY CHANGES TO OR INACCESSIBILITY OF THE PLATFORM, DELAY, FAILURE,UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIALOR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENTENTERED INTO THROUGH THE PLATFORM, OR ANY DATA OR MATERIAL FROM A THIRD PERSONACCESSED ON OR THROUGH THE PLATFORM, WHETHER SUCH LIABILITY IS ASSERTED ON THEBASIS OF CONTRACT, TORT, OR OTHERWISE.
ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES INCONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OFSERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION ORTRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE,ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, OR DATA; AND (III)THIRD-PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, ORUSE OF THE INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE,FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES INNEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY.
THE FOREGOING APPLIES EVEN IF THE COMPANY HAS BEEN ADVISEDOF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THATDO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OURLIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NOEVENT SHALL THE COMPANY'S CUMULATIVE LIABILITY TO YOU EXCEED $100.
You agree to indemnify, defend, and hold harmless Opxni, itsaffiliates, shareholders, officers, directors, employees, agents, licensors,suppliers, and any third-party information providers from and against alllosses, expenses, damages, and costs, including reasonable attorneys' fees,resulting from any violation of this Agreement or any activity related to youraccount (including negligent or wrongful conduct) by you or any other personaccessing the Platform using your account. This indemnification obligationincludes, but is not limited to:
You agree to cooperate fully in the defense of any claim.Opxni reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Opxni.This indemnification obligation will survive the termination or expiration of this Agreement and your use of our Platform. If you do not promptly assume our defense against any claim upon receiving notice of the claim, we reserve the right to undertake our own defense at your expense.
In the event of any controversy or claim arising out of orrelating in any way to these Terms or the Platform, you and Opxni agree to consult and negotiate with each other and, recognizing your mutual interests,try to reach a solution satisfactory to both parties. However, should we be unable to seek resolution within 60 days, you agree now that the only method oflegal dispute resolution that will be used is binding arbitration before asingle arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to usand include all of your reasons for dissatisfaction with your use of thePlatform. You also agree that should arbitration take place, it will be held in the State of California, and the prevailing party shall be entitled to all reasonable attorneys' fees and all costs necessary to enforce the decision ofthe arbitrator. You further understand and agree now that the only remedy tha tcan be awarded to you through arbitration is a full refund of your payment madeto date. No other actions or financial awards of consequential damages, or anyother type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as ajudgment into any court having the appropriate jurisdiction. You also agreethat this document shall be construed with the laws of the State of California.
By using or accessing the Platform, you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to Opxni referenced above or you thereby waive the right to seek dispute resolution by arbitration or to takeany other legal action.
In the event of a dispute between us, you agree to no tengage in any conduct or communications, public or private, including on socialmedia, designed to disparage Opxni, any of its affiliates, or any of its programs, products, or services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as apart of the legal process.
If any terms of these foregoing arbitration terms are construed to be invalid or unenforceable for any reason, it shall not affectthe validity or enforceability of any other term which shall be given full force and effect.
YOU AND OPXNI WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTSTO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Opxni are instead electing to have claims and disputes resolved by arbitration.Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review bya court.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR OPXNI MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY ORAGAINST OTHER INTERESTED PARTIES, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMSAS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
The "Term" of the Agreement will begin on the date that you accept these Terms and the Agreement shall continue in full force until terminated or canceled pursuant to the Agreement.
We shall have the right to terminate the Agreement: (a) at any time for any reason or no reason immediately upon notice to you; (b)immediately for your material breach of the Agreement, other than non-payment of Fees; or (c ) for non-payment of Fees. Not with standing the foregoing,
were serve the right, in our sole discretion and without notice, at any time and for any reason, to remove, modify, suspend, down grade, or disable access to all or any portion of the Platform. At any time, you may stop using the Platform, and you may cancel or terminate your account, associated email address and/or access to our Platform by submitting a cancellation or termination request to hello@opxni.com.
When you cancel a Paid Subscription Service, you cancel only future charges for your subscription. You may not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Paid Subscription Service until the end of that current Subscription Term. Cancellation does not entitle you to the refund of any previously paid Fees, and you will not receive a prorated refund for the remainder of the Subscription Term. In the event you cancel your subscription, note that we may still send you promotional communications, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications.
Upon any termination of this Agreement, all rights and licenses granted to you under this Agreement will immediately cease and we will promptly: (i) remove or disable access to all or any portion of the Platform;(ii) suspend your access to or use of all or any portion of the Platform; and (iii) terminate this Agreement. Upon any termination of this Agreement, you will (a) cease all use of all data; (b) reconfigure and/or reprogram your computers to remove use of all data and disable connectivity to the Platform; (c ) erase or destroy all copies of the data in your possession or control. Uponany termination of this Agreement, you will promptly return to us or, at the request of us, delete, destroy, or expunge, any data in your possession or control, including all copies there of. Upon our written request, you will certify that you are in compliance with the requirements of this Section.
All provisions of the Terms of Service which by their nature should survive termination shall survive termination and remain in effect in accordance with their terms upon termination, including Opxni’s Intellectual Property, Third-Party Services, Warranty, Disclaimers, Indemnification,Privacy, Investment Disclaimer, Disputes and Limitation of Liability.
Please refer to our Privacy Policy, as updated from time totime, for information about how we collect, use, and share your information. By using and providing information to or through the Services, you consent to all actions taken by us with respect to your information in compliance with ourPrivacy Policy.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in fullforce and effect. If possible, the invalid, illegal, or unenforceable provision shall be modified to make it valid, legal, and enforceable while preserving the original intent of the parties. If such modification is not possible, the provision shall be deemed deleted. Any deletion or modification under this section shall not affect the validity or enforceability of the remaining provisions of these Terms.
These Terms of Service and the Privacy Policy constitute the entire agreement between you and Opxni Inc. regarding your use of the Platform.These documents supersede all previous agreements or communications regarding the subject matter herein. In the event of any conflict or inconsistency, the Terms of Service shall prevail over the Privacy Policy.
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms, in whole or in part, at any time without notice to you. This assignment is effective immediately upon decision and maybe made to any successors or assigns.
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right orprovision. Only a written waiver signed by an authorized representative shall have any legal effect.
No failure, delay, or default in the performance of any obligation by either you or us will constitute an event of default or breach of these Terms if such failure, delay, or default arises from a cause beyond the control and without the negligence of the affected party. Such causes include,but are not limited to, actions or in actions of governmental, civil, or military authority; fire; strike, lockout or other labor disputes; flood; terrorist acts; war; riot; theft; earthquake; and other natural disasters. The party affected by such a cause is required to take all reasonable actions to minimize the consequences.
If you have any questions, feedback or need assistance regarding these Terms, please contact us at hello@opxni.com.
