Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and Nxpqx ("we," "our," or "us") governing your access to and use of the Nxpqx website (nxpqx.com), mobile applications, products, and services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

You represent and warrant that you are of legal age to form a binding contract with Nxpqx and meet all eligibility requirements. If you are accessing or using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Changes to Terms

We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes to these Terms, we will provide notice through our Services, or by other means, to give you a reasonable opportunity to review such changes before they become effective.

Your continued use of our Services after the effective date of any updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using our Services.

3. Access and Use

3.1 License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your personal or internal business purposes.

3.2 Restrictions

You agree not to:

• Use our Services in any way that violates any applicable federal, state, local, or international law or regulation
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Services are stored, or any server, computer, or database connected to our Services
• Use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services
• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material to our Services
• Reverse engineer, disassemble, decompile, or otherwise attempt to discover or derive the source code, underlying ideas, algorithm, or structure of our Services
• Remove any copyright, trademark, or other proprietary notices from our Services
• Use our Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of our Services

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, all or any part of our Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services.

4. Account Registration

4.1 Account Creation

To access certain features of our Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Notify us immediately of any unauthorized access to or use of your account
• Ensure that you exit from your account at the end of each session when accessing our Services on a shared computer
• Take all necessary steps to protect your account credentials

We reserve the right to disable any user account at any time in our sole discretion, including if we believe you have violated any provision of these Terms.

5. Products and Purchases

5.1 Product Information

We strive to provide accurate product descriptions, pricing, and availability information. However, we do not warrant that product descriptions, pricing, or other content on our Services is accurate, complete, reliable, current, or error-free. If a product offered through our Services is not as described, your sole remedy is to return it in unused condition.

5.2 Orders and Payment

When you place an order through our Services, you are making an offer to purchase the products in your order. We reserve the right to accept or decline your order for any reason. After submitting your order, you will receive an email acknowledgment confirming receipt of your order. This email is not an acceptance of your order, only a confirmation that we have received it.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our Services. You further agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

5.3 Shipping and Delivery

You are responsible for ensuring that your shipping information is accurate. We are not responsible for orders that are not received due to inaccurate shipping information. Delivery dates are estimates only and are not guaranteed. Risk of loss and title for items purchased from our Services pass to you upon delivery of the items to the carrier.

5.4 Returns and Refunds

Our return and refund policy is available on our website. Due to the nature of our hardware security products and for security reasons, we may have specific limitations on returns of products that have been initialized or used.

5.5 Product Use

Our hardware security devices are designed to provide secure storage for cryptocurrency private keys. You acknowledge that:

• You are solely responsible for the security of your recovery seed phrases and PIN codes
• We do not have access to your private keys or recovery seed phrases
• Loss of your recovery seed phrase may result in permanent loss of access to your cryptocurrencies
• Our devices should be used in accordance with the provided documentation and security best practices

6. Intellectual Property

6.1 Ownership

Our Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Nxpqx, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 License to Use

These Terms permit you to use our Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your Web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of our Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution
• If we provide social media features with certain content, you may take such actions as are enabled by such features

6.3 Trademark Notice

Nxpqx, the Nxpqx logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Nxpqx or its affiliates or licensors. You must not use such marks without the prior written permission of Nxpqx. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.

7. User Content

7.1 Content Submission

Our Services may allow you to submit, post, or share content, including but not limited to text, images, and feedback (collectively, "User Content"). You retain all rights in, and are solely responsible for, the User Content you submit.

7.2 License Grant

By submitting User Content to our Services, you grant Nxpqx a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with our Services and our business, including for promoting and redistributing part or all of our Services.

7.3 Content Restrictions

You agree not to submit User Content that:

• Is false, misleading, or fraudulent
• Infringes any third party's intellectual property or other rights
• Violates any law, regulation, or contractual obligation
• Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
• Is offensive, abusive, threatening, defamatory, or otherwise objectionable

7.4 Content Monitoring and Enforcement

We reserve the right, but not the obligation, to:

• Monitor, edit, or remove any User Content for any reason
• Take appropriate legal action for any illegal or unauthorized use of our Services
• Terminate or suspend your access to all or part of our Services for any violation of these Terms

8. Disclaimers

8.1 No Investment Advice

Our Services provide hardware security products for storing cryptocurrency private keys. We do not provide investment, legal, tax, or financial advice. Any information provided through our Services is for general informational purposes only and should not be construed as professional advice. You should consult with a professional advisor before making any investment decisions.

8.2 General Disclaimer

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, Nxpqx EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Nxpqx DOES NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8.3 Security Limitations

While our hardware security devices are designed with multiple security features, no security system is impenetrable. We do not guarantee that our products will prevent all security breaches or that your cryptocurrencies will be absolutely secure. You acknowledge that you are responsible for implementing additional security measures appropriate for the value of the assets you are protecting.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Nxpqx, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, 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, LOSS OF CRYPTOCURRENCY OR DIGITAL ASSETS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL Nxpqx'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO Nxpqx IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

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

10. Indemnification

You agree to defend, indemnify, and hold harmless Nxpqx, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services, including, but not limited to, any use of our Services' content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from our Services.

11. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Minnesota, United States, without giving effect to any choice or conflict of law provision or rule.

12. Dispute Resolution

12.1 Informal Resolution

You agree that before filing any formal legal action, you will first try to resolve any dispute informally by contacting us at legal@nxpqx.com. We will try to resolve the dispute by contacting you via email. If the dispute is not resolved within 30 days of submission, you or Nxpqx may proceed with a formal legal action subject to the terms below.

12.2 Arbitration

ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING THE FORMATION, INTERPRETATION, BREACH OR TERMINATION THEREOF, INCLUDING WHETHER THE CLAIMS ASSERTED ARE ARBITRABLE, WILL BE REFERRED TO AND FINALLY DETERMINED BY ARBITRATION IN ACCORDANCE WITH THE JAMS INTERNATIONAL ARBITRATION RULES. THE TRIBUNAL WILL CONSIST OF ONE ARBITRATOR. THE PLACE OF ARBITRATION WILL BE MINNEAPOLIS, MINNESOTA. THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS WILL BE ENGLISH.

12.3 Class Action Waiver

YOU AND Nxpqx AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Nxpqx agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

12.4 Small Claims Court

Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court's jurisdiction and is pending only in that court.

13. Termination

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use our Services will immediately cease. If you wish to terminate your account, you may simply discontinue using our Services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other documents expressly incorporated by reference, constitute the sole and entire agreement between you and Nxpqx regarding our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Services.

14.2 Waiver

No waiver by Nxpqx of any term or condition set out 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 of Nxpqx to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.3 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Nxpqx's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Nxpqx may assign or transfer these Terms, at its sole discretion, without restriction.

14.5 Force Majeure

Nxpqx will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.

15. Contact Us

If you have any questions about these Terms, please contact us at: