Terms of Service

These Terms of Service (“Agreement”) govern your access to and use of the products and services (whether free or paid, collectively, the “Services”) provided by AppLixir, Inc. (“AppLixir,” “Company,” “we,” “us,” or “our”) through the website located at https://www.applixir.com (the “Website”).
By creating an account, integrating our software, or otherwise accessing or using the Services, you (“you” or “Customer”) agree to be legally bound by this Agreement. If you do not agree to these terms, you must not use the Website or Services.

1. Description of Services

AppLixir provides a browser-based monetization and engagement platform, including but not limited to:

• Opt‑in rewarded advertising and incentive-based ad experiences;
• Prize, reward, and giveaway mechanics (where enabled);
• Collection of user preference signals and consent states to support compliant ad delivery;
• Real-time and historical reporting and analytics related to traffic, engagement, ad performance, and rewards;
• SDKs, scripts, APIs, and tracking technologies (including JavaScript, HTML tags, or similar code);
• Integrations with third-party ad networks, demand partners, analytics providers, consent management platforms, and related technologies.

Services may evolve over time. AppLixir reserves the right to modify, suspend, or discontinue any aspect of the Services at any time.

2. Account Registration and Security
To access the Services, you must create an account and provide accurate and complete information, including but not limited to your name, company name (if applicable), email address, and website or application URLs (“Registration Information”).
You agree that:

• All Registration Information is truthful and kept up to date;
• You are responsible for maintaining the confidentiality of your login credentials;
• You are solely responsible for all activity that occurs under your account;
• You will notify AppLixir immediately of any unauthorized access or suspected security breach.

Providing false or misleading information constitutes a material breach of this Agreement and may result in immediate suspension or termination.

3. License Grant and Use of Tracking Code
Subject to this Agreement, AppLixir grants you a limited, revocable, non‑exclusive, non‑transferable, royalty‑free license to install and use AppLixir-provided code, SDKs, or scripts (collectively, the “Tracking Code”) solely for the purpose of using the Services.
You agree to:

• Implement the Tracking Code only as instructed by AppLixir;
• Not modify, reverse engineer, or interfere with the Tracking Code;
• Ensure your implementation complies with applicable privacy, data protection, and advertising laws.

AppLixir is not responsible for errors, data loss, or performance issues resulting from incorrect or unsupported implementations.
By using the Tracking Code, you acknowledge that AppLixir may place cookies, local storage objects, or similar technologies on end-user devices, subject to applicable consent and privacy requirements.

4. Customer Responsibilities and Acceptable Use
You represent, warrant, and covenant that:

• You have the legal authority to enter into this Agreement;
• You are at least 18 years old;
• Your websites or applications do not contain:
• • Pornographic, sexually explicit, or adult content;
  • Hate speech, extremist content, or content promoting violence or illegal activity;
  • Malware, spyware, or deceptive software practices;
  • Content infringing intellectual property or proprietary rights of others;
  • Misleading, fraudulent, defamatory, or abusive material;
  • Content that violates applicable laws or regulations.

You agree to comply with all applicable local, state, federal, and international laws, including but not limited to data protection, privacy, advertising, and consumer protection laws.
AppLixir reserves the right to review, monitor, and suspend Services associated with non‑compliant properties.

5. Privacy and Data Protection
Your use of the Services is subject to the AppLixir Privacy Policy, which is incorporated by reference.
You acknowledge that:

• AppLixir acts as a data processor or service provider where applicable;
• You are responsible for obtaining any required user consents on your properties;
• You will not use data obtained through the Services for unlawful or unauthorized purposes.

6. Fees and Payments (If Applicable)
Certain Services may be subject to fees or revenue sharing arrangements as agreed separately. AppLixir reserves the right to introduce or modify fees with prior notice.
Except as expressly stated, all fees are non-refundable.

7. Suspension and Termination
This Agreement remains in effect until terminated.
AppLixir may suspend or terminate your access immediately if:

• You breach this Agreement;
• Your use exposes AppLixir to legal or regulatory risk;
• Required by law or a third-party partner.

You may terminate your account at any time by discontinuing use of the Services.
Upon termination, all licenses granted herein immediately cease.

8. Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
APPLIXIR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, ACCURACY, AND UPTIME.
APPLIXIR DOES NOT GUARANTEE REVENUE, PERFORMANCE, FILL RATES, OR UNINTERRUPTED SERVICE.

9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLIXIR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA.
APPLIXIR’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID TO APPLIXIR BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification
You agree to indemnify and hold harmless AppLixir and its officers, directors, employees, and partners from any claims, damages, losses, or expenses arising from:

• Your use of the Services;
• Your content or properties;
• Your violation of this Agreement or applicable law.

11. Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of the State of Washington, without regard to conflict-of-law principles.
The parties agree to attempt good‑faith informal resolution for thirty (30) days before initiating legal action.
Exclusive jurisdiction and venue shall lie in state or federal courts located in Washington State.

12. Miscellaneous

• Independent Contractors: No partnership or agency relationship is created.
• Assignment: Customer may not assign without consent; AppLixir may assign freely.
• Severability: Invalid provisions do not affect remaining terms.
• No Waiver: Failure to enforce is not a waiver.
• Entire Agreement: This Agreement and the Privacy Policy constitute the entire agreement.

13. Notices
Notices to Customers may be provided via email or Website posting.
Notices to AppLixir should be sent to: info@applixir.com