Terms Of Service

By accessing this website or any part of the Site (as defined below), you agree to these Terms of Service (as amended from time to time, the “Terms of Service”) between you (“you” or “your”) and exSat.network LTD. (“exSat Network,” “we,” “us,” or “our”). These Terms of Service apply to your access to and use of our websites and user interface (the “Interface”) that may be used to interact with various products and services offered by us, including exSat Network Protocol (the “Protocol”), and related content and functionality through our websites located at https://exsat.network and any other website operated by exSat Network on which these Terms of Service are posted (collectively, the “Site”) and through our related technologies (collectively with the Interface, Protocol, and Site, including all existing and any updated or new features, functionality, and technology, the “Service”).

All access and use of the Service is subject to the terms and conditions contained in these Terms of Service. By accessing, browsing, or otherwise using the Site, the Interface, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are using the Service on behalf of an entity or organization, you are agreeing to these Terms of Service for that entity or organization and representing to exSat Network that you have the authority to bind that entity or organization to these Terms of Service (in which case, the terms “you” and “your” will refer to that entity or organization). If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify any portion of these Terms of Service at any time. If we do this, we will publicly post the updated Terms of Service on the Site and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site. Your continued use of the Service after any changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service. Without limiting anything set forth elsewhere in these Terms of Service, you agree that we shall not be liable to you or any third party for any losses suffered as a result of any modifications or amendments to this Agreement.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST exSat Network ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Your Privacy: For more information regarding our collection, use, and disclosure of personal data and other data, please see our Privacy Policy (the “Privacy Policy”). By using the Service, you consent to our collection, use, and disclosure of Personal Data and other data as outlined therein. The Privacy Policy is hereby incorporated by reference into these Terms of Service.

Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Legal Compliance:

You represent that you are at least 18 years old and that your access and use of the Service will fully comply with all applicable laws and regulations, and that you will not access or use the Service to conduct, promote, or otherwise facilitate any illegal activity.

For clarity, you will comply with all applicable sanctions laws, regulations, and rules, including but not limited to those administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) and any other applicable jurisdictions. The Interface may not be used: (i) in the Crimea region of Ukraine, Cuba, Iran, North Korea, or Syria; (ii) by or for the specific benefit of any individual or entity on the Specially Designated Nationals and Blocked Persons (“SDN”) List maintained by OFAC; (iii) any entity 50% or more owned in the aggregate by any such SDN(s); or (iv) for any other use requiring a license or other governmental approval. If exSat Network determines that you have breached your obligations under this section, we shall block your access to the Service and any interests in property as required by law, if continued Service could result in exSat Network being in violation or subject to negative consequences under the Sanctions Rules.

Credentials:

You are responsible for maintaining the confidentiality of your credentials and are fully responsible for any and all activities that occur under your credentials.

Modifications to Service:

exSat Network reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that exSat Network will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

Your Apps:

As between exSat Network and you, you will be solely responsible for your applications (“Your Apps”), including their development, operation, maintenance, and all related content and materials.

Conditions of Access and Use

User Conduct:

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to exSat Network, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Site or Your Apps or by emailing or otherwise making available to other users of the Site (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by exSat Network. exSat Network reserves the right to investigate and take appropriate legal action against anyone who, in exSat Network’s sole discretion, violates this provision, including reporting the violator to law enforcement authorities. You agree not to use the Service or Your Apps to:

- distribute any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of exSat Network, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose exSat Network or its users to any harm or liability of any type; seek to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including the deployment of viruses and denial of service attacks; violate any applicable local, state, national, or international law, or any regulations having the force of law, including any laws or regulations concerning the integrity of trading markets (e.g., manipulative tactics commonly known as spoofing and wash trading) or trading of securities or derivatives; engage in any activity that seeks to defraud us or any other person or entity, including providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18; harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or further or promote any criminal activity or enterprise or provide instructional information about illegal activities.

If you are blocked by exSat Network from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

No Professional Advice and No Fiduciary Duties

All information provided by the Service is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Service. Before making any financial, legal, tax, or other decisions involving the Service, you should seek independent professional advice from an individual who is licensed and qualified in the relevant area.

These Terms of Service are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms of Service.

Intellectual Property Rights

Service Content:

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by exSat Network (e.g., to the extent any of the Protocol is made available under an open source license), you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks:

The exSat Network name and logos, along with certain other logos and trademarks, are trademarks and service marks of exSat Network (collectively, the “exSat Network Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with exSat Network. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the exSat Network Trademarks displayed on the Service without our prior written permission in each instance. All goodwill generated from the use of exSat Network Trademarks will inure to our exclusive benefit.

Feedback:

If you provide us with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to exSat Network all rights in such Feedback and agree that exSat Network shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. exSat Network will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any Feedback or other information or ideas that you consider to be confidential or proprietary for which you do not have all required permissions and consents to submit.

Third-Party Material:

Under no circumstances will exSat Network be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that exSat Network does not pre-screen content, but that exSat Network and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, exSat Network and its designees will have the right to remove from the Site, without notice, any content that violates these Terms of Service or is deemed by exSat Network to be otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content:

You represent and warrant that you own all right, title, and interest in and to the User Content that you make available via the Site, including all copyrights and rights of publicity contained therein. You hereby grant exSat Network and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use such User Content in connection with the operation of the Site. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality, and appropriateness of your User Content.

You hereby authorize exSat Network and its third-party service providers to derive statistical and usage data relating to your use of the Site (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”) provided by you to exSat Network are non-confidential, and exSat Network will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that exSat Network may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of exSat Network, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Services

The Service provides access to services, sites, technology, applications, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third parties. exSat Network has no control over, and is not responsible for, such Third-Party Services, including the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or the privacy practices and terms and conditions of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not exSat Network, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. The integration or inclusion of such Third-Party Services does not constitute or imply any endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. exSat Network will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Services.

Indemnification and Release

You agree to defend, indemnify, and hold harmless exSat Network, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “exSat Network Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, Your Apps, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. exSat Network will provide notice to you of any such claim, suit, or proceeding. exSat Network reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting exSat Network’s defense of such matter. You may not settle or compromise any claim against the exSat Network Parties without exSat Network’s prior written consent.

You expressly agree that you assume all risks in connection with your access and use of the Service, including your interaction with the Protocol. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Service, including your interaction with the Protocol. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties; Assumption of Risk

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE exSat Network PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.