Terms of Use

Effective Date: July 19, 2026 Last Updated: August 26, 2026

These Terms of Use (“Terms”) are a binding agreement between you and X1Q1 Labs, LLC, doing business as Tixy (“Tixy,” “X1Q1,” “Company,” “we,” “us,” or “our”). These Terms govern your access to and use of the Tixy website, games, applications, accounts, communications, social features, and related services, collectively referred to as the “Service.”

Please read these Terms carefully. They include important limitations of liability and, for users who are 18 or older, a binding arbitration agreement and class-action waiver in Section 23.

By creating an account, clicking a button indicating acceptance, or accessing or using the Service, you agree to these Terms and acknowledge our Privacy Policy. Our Community Guidelines and any additional terms presented for particular features, purchases, contests, or promotions are incorporated into these Terms.

If you do not agree, do not create an account or use the Service.

1. United States Service

The Service is currently intended and offered only for use within the United States.

You may not create or use a Tixy account if you are located outside the United States or if applicable law prohibits you from using the Service.

We may expand, restrict, or change the geographic availability of the Service. Additional terms may apply if we later offer the Service outside the United States.

2. Eligibility and Age Requirements

2.1 Minimum age

You must be at least 13 years old to create an account or use the Service.

The Service is not intended for children under 13. If you are under 13, you may not create an account, provide personal information to Tixy, or use the Service.

2.2 Users under 18

If you are under 18:

• You may use the Service only with the permission of your parent or legal guardian.

• You represent that your parent or legal guardian has reviewed these Terms and permitted you to use the Service.

• You may not purchase paid features, enter a promotion involving prizes, or engage in another transaction without any authorization required from your parent or legal guardian.

• Your account may be subject to additional privacy, communication, purchasing, advertising, and safety restrictions.

A parent or legal guardian who authorizes a minor’s use agrees to supervise the minor’s use of the Service.

Nothing in these Terms is intended to waive any right a minor has under applicable law.

2.3 Age information

You agree to provide truthful age information and not to evade an age screen, parental control, or age-based restriction.

We may request additional information or take reasonable steps to determine eligibility when necessary for:

• User safety;

• Legal compliance;

• Purchases or prizes;

• Access to age-restricted features;

• Prevention of fraud or abuse; or

• Enforcement of these Terms.

We may suspend or terminate an account if we reasonably believe that the user:

• Is under 13;

• Provided false age information;

• Circumvented an age restriction; or

• Is otherwise ineligible to use the Service.

2.4 Additional eligibility restrictions

You may not use the Service if:

• We previously terminated your account for a serious or repeated violation, unless we expressly permit you to return;

• You are legally prohibited from using the Service; or

• You are using the Service on behalf of an organization without authority to bind that organization.

3. Accounts

3.1 Registration information

You agree to provide accurate, current, and complete required account information and to update it when necessary.

You may use a pseudonymous username or display name. You are not required to make your legal name public.

3.2 Account security

You are responsible for:

• Maintaining the confidentiality of your login credentials;

• Using reasonable account-security measures;

• Activity conducted through your account; and

• Promptly notifying us if you suspect unauthorized access.

You may not sell, rent, share, transfer, or assign your account without our written permission.

3.3 Usernames and profiles

We may reject, remove, reserve, modify, or require a change to a username, display name, avatar, biography, or other profile element if we reasonably believe it:

• Violates these Terms or our Community Guidelines;

• Infringes another person’s rights;

• Impersonates another person or a Tixy representative;

• Contains contact information or creates a safety risk;

• Is misleading, abusive, obscene, vulgar, disruptive, or offensive;

• Interferes with operation of the Service; or

• Has been inactive for an extended period.

A username does not give you ownership of that name or prevent us from using similar words in connection with the Service.

4. Limited License

Subject to these Terms, X1Q1 grants you a limited, personal, nonexclusive, nontransferable, nonsublicensable, and revocable license to access and use the Service for lawful, personal, and noncommercial entertainment purposes.

This license does not permit you to:

• Copy, sell, license, distribute, or commercially exploit the Service;

• Use Tixy data or content to operate a competing service;

• Reverse engineer or attempt to extract source code, except where applicable law expressly permits it;

• Scrape, crawl, index, or collect information using automated means without permission;

• Use bots, scripts, macros, or automated gameplay unless expressly authorized;

• Circumvent technical, age, moderation, security, or access controls; or

• Use the Service for unlawful purposes.

All rights not expressly granted are reserved.

5. Game Features

Tixy may offer dice games, rankings, statistics, achievements, challenges, friend lists, direct messages, reactions, tournaments, virtual items, and other features.

We may establish or change:

• Game rules;

• Scoring methods;

• Matchmaking systems;

• Rankings and leaderboards;

• Anti-cheating controls;

• Eligibility requirements;

• Feature limits;

• Seasonal resets;

• Availability of game modes; and

• Requirements for particular events or promotions.

Tixy is intended as an entertainment game. Unless we expressly establish a lawful promotion under separate official rules, the Service is not a gambling service, and users may not use it to wager money, property, virtual items, or anything else of value.

Results may be affected by randomness, software performance, connectivity, game rules, and other users’ conduct. We do not guarantee any particular result, opponent, score, ranking, or level of availability.

5.1 Competition integrity

Daily Challenge standings and leaderboards only mean something if every result on them was produced by playing the game as intended. Where we have reason to believe a result was not, we may invalidate it.

Invalidating a result means only that it stops counting towards the ranking for that day or that board. It is not a deletion, and it is not a penalty against your account:

• The game stays in your history;

• Pips already awarded are not taken back;

• Badges already earned are permanent and are not removed; and

• Your account and your other results are unaffected.

If we invalidate one of your results, we will tell you through your Tixy inbox.

If you believe a result was invalidated in error, please contact us through the Contact page and we will look at it again.

The conduct that may lead to a result being invalidated is described in section 7.4.

6. User Content

6.1 Definition

“User Content” means information or material that a user submits, uploads, creates, sends, posts, or otherwise makes available through the Service, including:

• Usernames and display names;

• About Me descriptions;

• Direct messages;

• Comments, reactions, and reports;

• Feedback;

• Custom profile images, if that feature is later enabled; and

• Other content supported by the Service.

Preset Tixy avatars and other materials supplied by X1Q1 are Tixy Content rather than User Content.

6.2 Avatars

At launch, Tixy may permit users to select only from preset avatars supplied by Tixy.

We may later permit users to upload custom profile images. If custom uploads are enabled:

• The images will constitute User Content;

• We may establish file-type, size, content, and technical restrictions;

• We may scan, resize, re-encode, or remove metadata from uploaded files;

• We may reject or remove an image for safety, privacy, intellectual-property, or community-standard reasons; and

• We may impose more restrictive image options for minor accounts.

We are not obligated to introduce custom-avatar functionality.

6.3 Your ownership

As between you and X1Q1, you retain any ownership rights you have in your User Content.

6.4 License to X1Q1

By making User Content available through the Service, you grant X1Q1 a worldwide, nonexclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, format, adapt, transmit, display, distribute, and otherwise use that User Content as reasonably necessary to:

• Operate and provide the Service;

• Display the content to audiences permitted by your settings or use of the applicable feature;

• Deliver direct messages to their intended recipients;

• Maintain, secure, moderate, troubleshoot, and improve the Service;

• Investigate reports and enforce these Terms;

• Prevent fraud, abuse, or harm; and

• Comply with law and valid legal process.

This license does not authorize X1Q1 to use an identifiable minor’s photograph, private message, or profile content in external advertising without any additional permission required by law.

The license continues while the User Content is available through the Service and for a reasonable period afterward in backups, logs, moderation records, security records, and legally required records.

6.5 Your responsibilities

You represent that:

• You own your User Content or have all rights necessary to submit it;

• Your User Content does not violate law or another person’s rights;

• Your User Content complies with these Terms; and

• Any identifiable person appearing in your User Content has provided any required permission.

Do not submit content that you consider confidential, except through a feature expressly identified for confidential communications.

7. Community Standards

Tixy is intended to be a positive, welcoming, and respectful environment.

You may not use the Service to engage in or promote the following conduct.

7.1 Harassment and harmful conduct

• Harassment, bullying, stalking, intimidation, or targeted humiliation;

• Repeated unwanted contact;

• Threats or encouragement of violence;

• Coordinated attacks on another user;

• Disclosure or threatened disclosure of private information;

• Encouragement of suicide, self-harm, or dangerous conduct; or

• Conduct intended to frighten, degrade, or drive another user from the Service.

7.2 Sexual and exploitative conduct

• Pornography, nudity, sexually explicit content, or sexual solicitation;

• Sexualized content involving or appearing to involve a minor;

• Grooming, exploitation, trafficking, or inappropriate adult-to-minor contact;

• Requests for sexual images or intimate information;

• Attempts to move a minor to another platform for sexual or exploitative purposes; or

• Content involving child sexual abuse or exploitation.

7.3 Vulgar, obscene, and abusive content

• Obscene, excessively vulgar, or graphically offensive content;

• Abusive language directed at another user;

• Hate speech or attacks based on protected or personal characteristics;

• Dehumanizing or degrading content;

• Slurs directed at another person or group; or

• Content designed primarily to shock, disgust, or disrupt others.

We may consider the context, severity, frequency, audience, and age of affected users when applying these rules.

7.4 Fraud, cheating, and impersonation

• Impersonating another person, organization, or Tixy representative;

• Misrepresenting identity, age, affiliation, authority, or achievements;

• Scams, phishing, fraud, or deceptive offers;

• Manipulating scores, rankings, matchmaking, rewards, or game results;

• Collusion or exploitation of software errors;

• Unauthorized account sharing;

• Automated play not authorized by Tixy; or

• Creating accounts to evade enforcement.

7.5 Spam and unauthorized promotion

• Unsolicited bulk or repetitive messages;

• Irrelevant solicitations;

• Unauthorized commercial promotion;

• Chain messages;

• Referral manipulation;

• Malicious or deceptive links; or

• Collecting user information for unsolicited communications.

7.6 Illegal and dangerous activity

• Illegal conduct;

• Malware, credential theft, or unauthorized access;

• Promotion of illegal or age-restricted products to minors;

• Credible threats involving weapons or violence; or

• Conduct that creates a material safety or security risk.

These examples are not exhaustive. We may prohibit other content or conduct that we reasonably determine threatens users, the integrity of the Service, or the positive character of the Tixy community.

Nothing in these Terms prevents an honest review of Tixy or another legally protected communication.

8. Direct Messages and Social Features

8.1 Messaging functionality

Tixy may permit users to exchange simple direct messages and may offer friend requests, invitations, reactions, or similar social features.

We may limit messages to text and may prohibit or restrict:

• Links;

• Images;

• Files;

• Attachments;

• Contact information;

• Message forwarding;

• Group messaging; or

• Communications between particular age groups.

We may change or discontinue messaging functionality at any time.

8.2 Current moderation practice

At launch, Tixy does not intend to routinely pre-screen direct messages. We generally expect to review messages only when:

• A user reports a message or account;

• A message is otherwise brought to our attention;

• We reasonably suspect fraud, abuse, exploitation, or a security incident;

• Review is necessary to enforce these Terms; or

• Review is required by law or valid legal process.

This description of our current practice is not a promise that messages will never be reviewed, screened, delayed, filtered, or blocked.

8.3 Reserved moderation rights

We reserve the right, but do not undertake a general obligation, to:

• Review reported messages;

• Use human or automated tools to identify prohibited content or conduct;

• Filter, delay, quarantine, or prevent delivery of messages;

• Limit message frequency, length, recipients, or content;

• Restrict adult-to-minor communications;

• Disable messaging for new, unverified, suspended, or high-risk accounts;

• Preserve relevant communications for safety, enforcement, or legal purposes; or

• Introduce automated message screening in the future.

If we materially change how communications are automatically analyzed or used, we will update applicable privacy disclosures and provide any notice or choice required by law.

Our right to moderate does not create a duty to monitor every user, message, interaction, or item of content.

8.4 No guarantee of confidentiality or delivery

We do not guarantee that a message will be:

• Delivered;

• Retained;

• Reviewed;

• Available for any particular period; or

• Kept confidential by its recipient.

A recipient may copy, photograph, record, or redistribute a message. Do not send information you would not want the recipient to retain or share.

9. User Safety

Use reasonable judgment when interacting with other users.

Do not publicly share sensitive information such as:

• A home or school address;

• A precise location;

• A telephone number;

• Passwords;

• Financial information;

• Government identification numbers; or

• Information that could create a safety risk.

Minors should not arrange an in-person meeting with another user without the knowledge, permission, and appropriate involvement of a parent or legal guardian.

Users should report credible threats, exploitation, sexual solicitation involving a minor, or other serious safety concerns through available reporting tools or by contacting support@x1q1.com.

Contact emergency services directly when immediate assistance is required. Tixy is not an emergency-response service.

10. Moderation and Enforcement

We may investigate suspected violations and take any lawful action we reasonably consider appropriate, including:

• Issuing a warning;

• Removing or restricting content;

• Blocking or limiting a communication;

• Restricting profile discovery or social features;

• Resetting a score, ranking, achievement, or reward;

• Requiring email, age, or other verification;

• Temporarily suspending an account;

• Permanently terminating an account;

• Preventing creation of replacement accounts;

• Preserving relevant records; or

• Reporting suspected unlawful conduct to appropriate authorities.

We may act based on:

• User reports;

• Information available to us;

• Automated indicators;

• Our own observations; or

• Information received from service providers or authorities.

We are not required to disclose confidential safety methods, information concerning another user, investigative records, or details that could facilitate evasion.

We may provide an appeal or review process, but are not obligated to provide an appeal in every circumstance. Serious safety violations may result in immediate action without prior warning.

Our failure to act in one instance does not waive our right to act later or in another matter.

11. Removal of User Content

Users may delete certain User Content through available account controls.

A registered user under 18 may also request removal of content or information that the user posted by:

• Using an available deletion tool; or

• Contacting support@x1q1.com with enough information for us to identify the account and content.

Removal does not guarantee complete or comprehensive deletion. Content may remain:

• In backup systems for a limited period;

• In safety, fraud, moderation, or legal-compliance records;

• Where retention is required or permitted by law;

• Where another user copied, reposted, or independently retained it;

• In aggregated or de-identified form; or

• Where another legal exception applies.

We may satisfy a removal request by making the content no longer visible to other users, even if a copy remains on our systems.

12. Privacy

Our Privacy Policy explains how we collect, use, retain, protect, and disclose personal information. The Privacy Policy is not replaced by these Terms.

We may use vendors and service providers to host, operate, secure, analyze, communicate about, and support the Service, as described in the Privacy Policy.

At present, X1Q1 does not sell or share personal information for cross-context behavioral advertising. If we later introduce advertising technology or materially change how personal information is used or disclosed, we will:

• Update our privacy disclosures;

• Provide applicable privacy choices;

• Honor legally required opt-outs and opt-in requirements; and

• Obtain separate authorization where required for minor users.

Acceptance of these Terms does not constitute consent to a sale or sharing of personal information where applicable law requires a separate affirmative authorization.

13. Service Communications

By creating an account, you agree that we may send communications reasonably related to your account or the Service, including:

• Email-verification messages;

• Password-reset messages;

• Security alerts;

• Account notices;

• Moderation and enforcement notices;

• Material changes to the Service or these Terms; and

• Other transactional or relationship communications.

You generally cannot opt out of communications necessary to operate or secure your account, although you may close your account.

14. Marketing, Advertising, and Sponsored Offers

14.1 Optional marketing

We may offer users the option to receive marketing communications, including:

• Tixy news;

• Feature announcements;

• Promotions for X1Q1 products or services;

• Offers concerning products or services provided by others;

• Affiliate offers;

• Sponsored recommendations; or

• Promotions for which X1Q1 receives compensation.

Consent to marketing is optional and is not a condition of creating an account or using the ordinary Service.

Where required, marketing consent will be obtained through a separate affirmative choice. You may withdraw consent or unsubscribe using the method provided in the communication or account settings.

Opting out of marketing does not stop necessary account, safety, security, or service communications.

14.2 Users ages 13 through 15

Users whom we know are between 13 and 15 years old will not receive paid third-party promotions, sponsored product offers, or affiliate marketing.

This restriction does not prevent Tixy from sending:

• Required service communications;

• Safety information;

• Neutral descriptions of Tixy features;

• Information requested by the user; or

• Noncommercial community communications.

We may impose broader restrictions on advertising or marketing to minors.

14.3 Users ages 16 and 17

Users who are 16 or 17 may receive direct sponsored or affiliate marketing only if:

• The user separately and affirmatively opts in;

• The communication is legally permitted;

• The user may readily withdraw consent; and

• The product or service is appropriate for the user’s age.

We may exclude users under 18 from any promotion or category of marketing at our discretion.

14.4 Adult users

Adult users may receive optional marketing or sponsored communications if they have provided any consent required by law.

14.5 Advertising within the Service

The Service may now or in the future display:

• Advertising;

• Sponsored content;

• Affiliate links;

• Offers from third parties; or

• Promotions for X1Q1 products.

Advertising may be contextual or, where legally permitted and properly disclosed, selected using other information described in the Privacy Policy.

The appearance of advertising does not itself authorize X1Q1 to sell or share personal information.

14.6 Sponsorship disclosures

We may receive payment, commissions, free products, or other benefits in connection with sponsored or affiliate communications.

We will identify advertising, sponsorships, endorsements, and material commercial relationships when required by law.

Advertisements do not necessarily reflect X1Q1’s endorsement of an advertiser or its products.

15. Third-Party Services

The Service may contain links to or integrations with websites, applications, products, or services operated by third parties.

Your interactions and transactions with third parties are between you and the third party. Their terms and privacy practices may apply.

We are not responsible for third-party content, products, conduct, availability, or privacy practices.

16. Paid Features and Virtual Items

Tixy may introduce paid features, subscriptions, cosmetic items, virtual items, or premium access.

Purchases may be subject to additional terms presented at the time of purchase, including:

• Price;

• Billing frequency;

• Renewal terms;

• Cancellation procedures;

• Refund policies; and

• Platform-specific terms.

Unless expressly stated otherwise:

• Virtual items are licensed rather than sold;

• Virtual items have no cash value;

• Virtual items may not be transferred outside methods authorized by Tixy;

• We may modify or discontinue virtual items as the Service evolves; and

• Refunds will be provided where required by law or applicable platform rules.

Minors may make purchases only with any required parent or guardian authorization.

We will not enroll a user in an automatically renewing paid service without presenting and obtaining agreement to the disclosures and authorization required by law.

17. Contests and Promotions

Contests, sweepstakes, tournaments, giveaways, and similar promotions may be governed by separate official rules.

Those rules may address:

• Eligibility;

• Age;

• Residence;

• Parental permission;

• Entry procedures;

• Prizes;

• Taxes;

• Publicity rights; and

• Dispute procedures.

If official rules conflict with these Terms regarding a particular promotion, the official rules control for that promotion.

18. Tixy Intellectual Property

The Service and its software, artwork, graphics, designs, text, sounds, logos, trademarks, characters, databases, and other materials supplied by X1Q1 or its licensors are “Tixy Content.”

Tixy Content is owned by X1Q1 or its licensors and is protected by applicable intellectual-property laws.

Except for the limited license granted in Section 4, you may not reproduce, distribute, modify, publicly display, publicly perform, sell, license, or commercially exploit Tixy Content without written permission.

“Tixy,” its logos, and related branding may be trademarks or service marks of X1Q1. You may not use them in a manner likely to cause confusion regarding sponsorship, affiliation, or endorsement.

19. Copyright Complaints

X1Q1 respects intellectual-property rights.

Until X1Q1 publishes a formal designated copyright-agent process, a copyright owner or authorized representative may send a copyright complaint to:

Email: support@x1q1.com
Subject: Copyright Complaint

The complaint should include:

• Identification of the copyrighted work;

• Identification and location of the material at issue;

• The complaining party’s contact information;

• A statement explaining why the use is believed to be unauthorized;

• A statement that the information provided is accurate; and

• The complainant’s physical or electronic signature.

We may remove or restrict material that we reasonably believe infringes another person’s rights. We may notify the affected user and may permit a response or counterstatement.

Repeated infringement or repeated submission of unauthorized material may result in account termination.

We may later designate an agent under the Digital Millennium Copyright Act and publish a formal notice-and-counter-notice procedure. Once published, the designated-agent information and formal procedure will supersede this interim process.

Knowingly submitting a materially false infringement claim may result in liability under applicable law.

20. Feedback

If you voluntarily provide ideas, suggestions, game concepts, improvements, feature requests, or other feedback, you grant X1Q1 a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable right to use and commercialize that feedback without restriction or compensation.

This provision does not transfer ownership of an honest consumer review or another communication protected by law.

21. Service Availability and Changes

We may modify, update, test, limit, suspend, replace, or discontinue all or part of the Service for any lawful reason, including:

• Product development;

• Safety or security;

• Legal compliance;

• Technical limitations;

• Maintenance;

• Business requirements; or

• Lack of demand.

Features may differ by:

• Account;

• Age;

• Device;

• Platform;

• Location;

• Subscription level; or

• Testing group.

We do not guarantee that the Service or a particular feature, message, statistic, ranking, or item of account data will remain available.

Where reasonably practicable, we may provide notice before discontinuing a material paid feature. Any refund or remedy will be governed by applicable law and applicable purchase terms.

22. Suspension, Termination, and Account Closure

22.1 Action by X1Q1

We may restrict, suspend, or terminate access for a lawful reason, including:

• Violation of these Terms;

• Safety concerns;

• Fraud, abuse, harassment, cheating, or security threats;

• Legal or regulatory requirements;

• Extended inactivity;

• Nonpayment; or

• Discontinuation of the Service.

Serious or urgent matters may result in immediate action without prior notice.

22.2 Account closure by you

You may stop using the Service at any time.

You may close your account using available controls or by contacting support@x1q1.com.

Account closure does not automatically:

• Reverse completed transactions;

• Delete content copied by another user;

• Eliminate records we may lawfully retain; or

• Affect obligations that arose before closure.

22.3 Effect of termination

When access terminates, the license granted to you ends.

Provisions that by their nature should survive will remain effective, including provisions concerning ownership, feedback, disclaimers, limitations of liability, indemnification, disputes, and accrued obligations.

23. Adult Dispute Resolution, Arbitration, and Class-Action Waiver

This Section applies only to a person who is 18 years old or older. It does not require a minor to arbitrate a claim.

A parent or guardian who personally accepts these Terms is subject to this Section with respect to the parent’s or guardian’s own claims. A claim belonging to a minor is not subject to arbitration solely because a parent permitted the minor to use Tixy.

23.1 Agreement to arbitrate

Except for the matters expressly excluded below, an adult user and X1Q1 agree that any dispute, claim, or controversy arising out of or relating to:

• These Terms;

• The Privacy Policy;

• The Service;

• An account;

• User Content;

• Communications;

• Purchases;

• Advertising;

• Marketing; or

• The relationship between the user and X1Q1

will be resolved through binding individual arbitration rather than in court.

This agreement is governed by the Federal Arbitration Act.

23.2 Informal dispute notice

Before commencing arbitration, the complaining party must send a written notice describing:

• The person bringing the claim;

• The account or email address involved;

• The factual and legal basis of the dispute;

• The requested relief; and

• Contact information for responding.

Notices to X1Q1 must be sent to:

Email: support@x1q1.com
Subject: Legal Dispute Notice

The parties will make a good-faith effort to resolve the dispute for at least 60 days after receipt of a complete notice.

This requirement does not prevent either party from seeking emergency injunctive relief or filing an eligible small-claims matter.

23.3 Arbitration administrator and rules

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by these Terms.

If AAA is unavailable or unwilling to administer the arbitration, the parties will attempt to agree on another administrator. If they cannot agree, a court of competent jurisdiction may appoint an administrator.

23.4 Questions for a court

A court, rather than the arbitrator, will decide disputes concerning:

• Whether an arbitration agreement was formed;

• Whether the user was an adult when agreement occurred;

• Whether this Section applies to a minor’s claim;

• The enforceability of the class-action waiver;

• The availability of public injunctive relief in court; and

• A request to enforce the arbitration opt-out procedure.

The arbitrator will decide other issues concerning the interpretation, scope, or application of this Section, to the extent permitted by law.

23.5 Individual proceedings only

The adult user and X1Q1 agree that claims may be brought only in an individual capacity.

Neither party may bring or participate in a class, collective, consolidated, coordinated, or representative arbitration.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

23.6 Class-action waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AN ADULT USER AND X1Q1 EACH WAIVE THE RIGHT TO HAVE A DISPUTE HEARD OR RESOLVED AS A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, COORDINATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.

This waiver does not prevent a person from seeking public injunctive relief in court where applicable law provides a non-waivable right to pursue that relief.

23.7 Exceptions

Either party may bring:

• An eligible individual claim in small-claims court;

• A claim seeking emergency relief to prevent imminent harm, unauthorized access, infringement, or misuse of intellectual property;

• A claim concerning ownership or infringement of intellectual-property rights; or

• A request for public injunctive relief that applicable law does not permit to be waived or resolved exclusively in arbitration.

If a party seeks both arbitrable relief and non-arbitrable public injunctive relief, the court action may be stayed while individual arbitration proceeds, to the extent permitted by law.

23.8 Hearing format and location

The arbitration may be conducted:

• Based on written submissions;

• By telephone;

• By videoconference; or

• Through an in-person hearing.

Any in-person hearing will ordinarily occur in Los Angeles County, California, unless the AAA rules or applicable law require another reasonably convenient location.

23.9 Arbitration fees

Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules and applicable law.

An adult consumer will not be required to pay arbitration fees exceeding the amount the consumer would reasonably have paid to file the claim in court, unless the arbitrator determines that the claim was frivolous or brought for an improper purpose and applicable law permits a different allocation.

Each party will ordinarily pay its own attorneys’ fees unless a statute, rule, or arbitral award provides otherwise.

23.10 Remedies

The arbitrator may award any individual remedy that would be available in court, subject to these Terms and applicable law.

The arbitrator must provide a written decision sufficient to explain the essential findings and conclusions.

23.11 Thirty-day arbitration opt-out

An adult user may opt out of this arbitration agreement by emailing support@x1q1.com within 30 days after first accepting these Terms.

The email must:

• Use the subject line Arbitration Opt-Out;

• State the user’s full name;

• Identify the email address associated with the account; and

• Clearly state that the user is opting out of the arbitration agreement in the Tixy Terms of Use.

Opting out of arbitration will not affect the user’s ability to use the ordinary Service.

An opt-out applies only to the person who timely submitted it and does not affect other provisions of these Terms.

23.12 Jury-trial waiver

For disputes subject to arbitration, an adult user and X1Q1 knowingly waive the right to a trial before a judge or jury.

For a dispute properly proceeding in court, no jury-trial waiver applies unless separately permitted and enforceable under applicable law.

23.13 Severability

If a portion of this Section is found unenforceable, it will be severed or limited to the minimum extent necessary, and the remainder will remain effective.

If the prohibition against class or representative arbitration is found unenforceable as to a particular claim, that claim will proceed in court rather than class or representative arbitration.

24. Claims Not Subject to Adult Arbitration

Claims belonging to a user under 18 are not subject to Section 23.

These Terms do not prevent a minor from exercising a right to disaffirm or avoid a contract where applicable law provides that right.

A dispute not subject to arbitration will be governed by California law, without regard to conflict-of-law principles.

Unless applicable law permits or requires proceedings elsewhere, such disputes will be brought in the state or federal courts located in Los Angeles County, California, and the parties consent to those courts’ jurisdiction.

Nothing in these Terms deprives a consumer of a non-waivable protection or right under the law of the consumer’s residence.

25. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

X1Q1 DISCLAIMS EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;

• DEFECTS WILL ALWAYS BE CORRECTED;

• CONTENT OR COMMUNICATIONS WILL ALWAYS BE ACCURATE OR AVAILABLE;

• OTHER USERS WILL COMPLY WITH THESE TERMS;

• A USER WILL BE WHO THE USER CLAIMS TO BE;

• MODERATION WILL IDENTIFY OR PREVENT EVERY VIOLATION; OR

• USE OF THE SERVICE WILL PRODUCE A PARTICULAR RESULT.

Nothing in these Terms excludes a warranty, right, or remedy that cannot lawfully be excluded.

26. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, X1Q1 AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING FROM OR RELATING TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, X1Q1’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. The amount you paid directly to X1Q1 during the 12 months preceding the event giving rise to the claim; or

2. One hundred U.S. dollars.

These limitations do not apply to liability that cannot lawfully be limited, including liability to the extent resulting from fraud, willful misconduct, or another matter for which limitation is prohibited.

27. Indemnification

To the extent permitted by law, if you are at least 18, you agree to defend, indemnify, and hold harmless X1Q1 and its affiliates, owners, officers, directors, employees, contractors, licensors, and service providers from third-party claims, liabilities, damages, judgments, losses, and reasonable legal expenses arising from:

• Your unlawful use of the Service;

• Your material violation of these Terms;

• Your User Content;

• Your infringement of another person’s rights; or

• Your fraud or willful misconduct.

A parent or guardian who accepts these Terms on behalf of a minor agrees to this Section only concerning claims arising from the parent’s or guardian’s own conduct, representations, or authorization, to the extent permitted by law.

X1Q1 may control the defense of a covered claim. You agree to provide reasonable cooperation. You may not settle a claim imposing liability or obligations on X1Q1 without our written consent.

28. Changes to These Terms

We may update these Terms to reflect changes in:

• The Service;

• Our business;

• Safety practices;

• Technology;

• Legal requirements; or

• Operational needs.

Updated Terms will identify their effective date.

For material changes, we will provide reasonable notice through the Service, email, or another appropriate method. We may request renewed affirmative acceptance.

Changes apply prospectively from their effective date unless applicable law permits otherwise.

A material change to the arbitration agreement will not apply retroactively to a dispute for which we received a complete written notice before the change became effective.

If you do not agree to updated Terms, you must stop using the Service and may close your account.

29. Electronic Communications

You agree that notices, disclosures, agreements, and records may be provided electronically, including through:

• Email;

• Account notifications; or

• Notices within the Service.

You may retain copies electronically or by printing them.

Nothing in this Section limits a right to receive a paper notice where applicable law requires one.

30. California Consumer Notice

The provider of the Service is:

X1Q1 Labs, LLC
Mailing Address: Los Angeles, California, USA 90025 Telephone: 424-242-9345
Email: support@x1q1.com

Any charge for the Service will be disclosed before purchase.

Questions, complaints, or requests for additional information may be submitted using the contact information above.

California residents may also contact:

Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
1625 North Market Boulevard, Suite N-112
Sacramento, California 95834
Telephone: 800-952-5210
TTY: 800-735-2929

31. General Provisions

31.1 Entire agreement

These Terms, the Privacy Policy, the Community Guidelines, and any applicable additional terms constitute the entire agreement concerning the Service.

31.2 Order of precedence

Specific terms presented for a purchase, promotion, or feature control over these Terms only regarding that purchase, promotion, or feature.

31.3 Assignment

You may not assign your rights or obligations without our written consent.

X1Q1 may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or transfer of the Service, subject to applicable privacy and consumer-protection requirements.

31.4 Severability

If a provision is unenforceable, it will be enforced to the maximum lawful extent or severed, and the remaining provisions will remain effective.

31.5 No waiver

A failure or delay in exercising a right is not a waiver.

31.6 No agency

These Terms do not create an employment, agency, partnership, joint venture, fiduciary, or franchise relationship.

31.7 No third-party beneficiaries

Except as expressly stated, these Terms do not create rights for third parties.

31.8 Headings

Headings are for convenience and do not affect interpretation.

32. Contact Us

Questions about the Service or these Terms may be sent to:

X1Q1 Labs, LLC
Mailing Address: Los Angeles, California, USA 90025 Telephone: 424-242-9345
Email: support@x1q1.com