Oxcitas

Privacy and Data Protection Consent Agreement

1. Introduction

This Privacy and Data Protection Consent Agreement ("Agreement") is entered into between Oxcitas Ltd, a company registered in the United Kingdom with its principal place of business at 28 Chesterton Road, Cambridge, CB4 3AZ, UK ("we," "us," or "our"), and you, the user of our web application ("you" or "your").

This Agreement explains how we collect, use, share, and protect your personal information in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and other applicable data protection laws.

By using our web application, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

2. Definitions

For the purposes of this Agreement:

- "Personal Data" means any information relating to an identified or identifiable natural person.
- "Processing" means any operation performed on Personal Data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- "Data Controller" means the entity that determines the purposes and means of the Processing of Personal Data.
- "Data Processor" means the entity that Processes Personal Data on behalf of the Data Controller.

3. Data Collection and Use

3.1 Types of Personal Data Collected

We collect, use and process the following types of Personal Data:

a) Information you provide to us: This includes any information you enter on our website or give us in any other way, including but not limited to your name, contact details, user account information, and any content you create or upload to our service.
b) Information we collect automatically: This includes data about your interactions with our website, your device, and your network, including but not limited to your IP address, browser type, operating system, and usage data.
c) Information we receive from other sources: This includes data we receive from third-party services you connect to our website, public databases, or our partners.

We may collect, use, store, and transfer different kinds of Personal Data about you, which we have grouped together as follows:

- Identity Data
- Contact Data
- Financial Data
- Technical Data
- Profile Data
- Usage Data
- Marketing and Communications Data
- Medical Data
- Anonymised Data

This list is not exhaustive, and we may collect other types of Personal Data as necessary for the operation of our service and as permitted by law. For a more detailed description of the types of data we collect, please contact us using the information provided in Section 11 of this Agreement.

3.2 Purposes of Data Processing

We process your Personal Data for the following purposes:

a) To provide and improve our services
b) To personalise your user experience
c) To communicate with you about our services
d) To comply with legal obligations

3.3 Legal Basis for Processing

We process your Personal Data based on one or more of the following legal grounds:

a) Your consent
b) Performance of a contract with you
c) Compliance with a legal obligation
d) Our legitimate interests, provided they do not override your fundamental rights and freedoms

4. Data Sharing and Transfers

4.1 Third-Party Service Providers

We may share your Personal Data with third-party service providers who assist us in providing and improving our services. These service providers are obligated to protect your Personal Data and may not use it for any other purpose.

4.2 Legal Requirements

We may disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).

4.3 International Data Transfers

If we transfer your Personal Data outside the European Economic Area (EEA), we will ensure that appropriate safeguards are in place to protect your data, such as Standard Contractual Clauses approved by the European Commission.

5. Data Security

We implement appropriate technical and organisational measures to protect your Personal Data against unauthorised or unlawful processing, accidental loss, destruction, or damage. These measures include, but are not limited to:

a) Encryption of data in transit and at rest
b) Regular security assessments and audits
c) Access controls and authentication measures
d) Employee training on data protection and security

owever, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your Personal Data, we cannot guarantee its absolute security.

6. Data Retention

We will retain your Personal Data only for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure, and applicable legal requirements.

7. Your Rights

Under the GDPR and other applicable data protection laws, you have the following rights:

a) Right to access: You have the right to request a copy of your Personal Data that we hold.
b) Right to rectification: You have the right to request that we correct any inaccurate or incomplete Personal Data.
c) Right to erasure: You have the right to request that we delete your Personal Data in certain circumstances.
d) Right to restrict processing: You have the right to request that we restrict the processing of your Personal Data in certain circumstances.
e) Right to data portability: You have the right to request that we transfer your Personal Data to another controller in a structured, commonly used, and machine-readable format.
f) Right to object: You have the right to object to the processing of your Personal Data in certain circumstances, including processing for direct marketing purposes.
g) Right to withdraw consent: Where we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time.

To exercise any of these rights, please contact us using the information provided in Section 11 of this Agreement.

8. Cookies and Similar Technologies

We use cookies and similar technologies to collect and store certain information when you use our web application. You can control the use of cookies through your browser settings. For more information about our use of cookies, please refer to our Cookie Policy [link to Cookie Policy].

9. Changes to This Agreement

We may update this Agreement from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any material changes by posting the updated Agreement on our website or through other appropriate communication channels. We encourage you to periodically review this Agreement for the latest information on our privacy practices.

10. Data Breaches

In the event of a data breach that affects your Personal Data, we will notify you and the relevant supervisory authority without undue delay, and no later than 72 hours after becoming aware of the breach, where feasible. The notification will include the nature of the breach, its likely consequences, and the measures taken or proposed to address the breach.

11. Contact Information

If you have any questions, concerns, or requests regarding this Agreement or our data protection practices, please contact us at:

Oxcitas Ltd, 28 Chesterton Road, Cambridge, CB4 3AZ, U.K.

12. Supervisory Authority

You have the right to lodge a complaint with a supervisory authority if you believe that our processing of your Personal Data infringes upon data protection laws. The supervisory authority for the UK is the Information Commissioner's Office (ICO), and for the EU, it is the European Data Protection Supervisor (EDPS) or your local data protection authority.

13. Liability Limitation

To the fullest extent permitted by applicable law, Oxcitas Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

a) Your access to or use of, or inability to access or use, our web application;
b) Any unauthorised access to or use of our secure servers and/or any personal information stored therein;
c) Any interruption or cessation of transmission to or from our web application;
d) Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our web application by any third party;
e) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via our web application.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Oxcitas Ltd has been advised of the possibility of such damage.

14. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

15. Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

16. Entire Agreement

This Agreement constitutes the entire agreement between you and Oxcitas Ltd regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

By using our web application, you acknowledge that you have read, understood, and agree to be bound by this Privacy and Data Protection Consent Agreement.

17. Disclaimer and Limitation of Liability

17.1 General Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH OUR WEBSITE (THE "CONTENT") MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OXCITAS Ltd, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME.

OXCITAS Ltd, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OXCITAS Ltd, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

17.2 No Professional Advice

THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE. NOTHING CONTAINED IN OR MADE AVAILABLE THROUGH OUR WEBSITE SHOULD BE INTERPRETED AS PROVIDING MEDICAL, LEGAL, TAX, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

17.3 User Responsibility

YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND THE CONSEQUENCES THEREOF. BY USING THE WEBSITE, YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN ACTIONS AND DECISIONS AND THAT OXCITAS Ltd IS NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE RESULTING FROM YOUR RELIANCE ON THE CONTENT OR YOUR USE OF THE WEBSITE.

17.4 Third-Party Content and Links

OUR WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES OR RESOURCES. OXCITAS Ltd HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES OR RESOURCES. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE OXCITAS Ltd FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR RESOURCES.

17.5 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OXCITAS Ltd, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF OXCITAS Ltd, ITS AFFILIATES, OR ANY OF THEIR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

17.6 Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS OXCITAS Ltd, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE; (II) YOUR VIOLATION OF ANY TERM OF THIS AGREEMENT; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY.

17.7 Severability

IF ANY PROVISION OF THIS DISCLAIMER IS FOUND TO BE UNENFORCEABLE OR INVALID, THAT PROVISION SHALL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY SO THAT THIS DISCLAIMER SHALL OTHERWISE REMAIN IN FULL FORCE AND EFFECT AND ENFORCEABLE.

17.8 Waiver

THE FAILURE OF OXCITAS Ltd TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THIS DISCLAIMER SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS DISCLAIMER, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

18. Intellectual Property Rights

18.1 Ownership of Intellectual Property

ALL RIGHT, TITLE, AND INTEREST IN AND TO THE WEBSITE, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS THEREIN, ARE AND WILL REMAIN THE EXCLUSIVE PROPERTY OF OXCITAS Ltd AND ITS LICENSORS. THE WEBSITE IS PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, AND OTHER LAWS OF BOTH THE UNITED KINGDOM AND FOREIGN COUNTRIES. NOTHING IN THIS AGREEMENT GIVES YOU A RIGHT TO USE THE OXCITAS Ltd NAME OR ANY OF THE OXCITAS Ltd TRADEMARKS, LOGOS, DOMAIN NAMES, OR OTHER DISTINCTIVE BRAND FEATURES.

18.2 Reservation of Rights

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY OXCITAS Ltd. YOU ACKNOWLEDGE THAT ALL RIGHT, TITLE AND INTEREST IN THE WEBSITE, ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE (INCLUDING ANY SOURCE CODE OR OBJECT CODE) AND TECHNOLOGIES CONTAINED THEREIN, ANY UPDATES, MODIFICATIONS OR DERIVATIVES THEREOF, ANY PATENTS, COPYRIGHTS, TRADE SECRETS, TRADEMARKS, SERVICE MARKS, TRADE NAMES, AND OTHER PROPRIETARY RIGHTS IN OR RELATED TO THE WEBSITE (COLLECTIVELY, THE "INTELLECTUAL PROPERTY RIGHTS") ARE OWNED BY OXCITAS Ltd OR ITS LICENSORS AND ARE PROTECTED BY APPLICABLE INTELLECTUAL PROPERTY AND OTHER LAWS.

18.3 No Transfer of Rights

YOU AGREE THAT YOUR USE OF THE WEBSITE DOES NOT GIVE YOU OWNERSHIP OF ANY INTELLECTUAL PROPERTY RIGHTS IN THE WEBSITE OR THE CONTENT YOU ACCESS. NOTHING IN THESE TERMS SHALL BE CONSTRUED AS CONFERRING ANY LICENCE OR RIGHT, BY IMPLICATION, ESTOPPEL OR OTHERWISE, UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS.

18.4 No Licence Granted

NO LICENCE, RIGHT, OR INTEREST IN ANY TRADEMARK, COPYRIGHT, TRADE SECRET, PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF OXCITAS Ltd IS GRANTED UNDER THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, AND NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS CONFERRING ANY LICENCE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT OF OXCITAS Ltd.

18.5 Background IPR

ALL INTELLECTUAL PROPERTY RIGHTS EXISTING PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT ("BACKGROUND IPR") SHALL REMAIN THE SOLE PROPERTY OF THE PARTY OWNING SUCH RIGHTS. NO RIGHTS TO ANY BACKGROUND IPR ARE GRANTED TO YOU, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT.

18.6 Foreground IPR

ANY AND ALL INTELLECTUAL PROPERTY RIGHTS ARISING FROM OR RELATED TO THE USE OF THE WEBSITE OR ANY SERVICES PROVIDED BY OXCITAS Ltd ("FOREGROUND IPR") SHALL VEST EXCLUSIVELY IN OXCITAS Ltd. YOU HEREBY ASSIGN TO OXCITAS Ltd ALL RIGHT, TITLE, AND INTEREST IN AND TO ANY FOREGROUND IPR, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS THEREIN.

18.7 User-Generated Content

YOU RETAIN ANY COPYRIGHT THAT YOU MAY HAVE IN USER-GENERATED CONTENT THAT YOU SUBMIT, POST, OR DISPLAY ON OR THROUGH THE WEBSITE. BY SUBMITTING, POSTING, OR DISPLAYING SUCH CONTENT, YOU GRANT OXCITAS Ltd A WORLDWIDE, NON-EXCLUSIVE, ROYALTY-FREE LICENSE TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PERFORM, AND DISPLAY SUCH CONTENT IN CONNECTION WITH PROVIDING THE WEBSITE.

18.8 Feedback

IF YOU PROVIDE OXCITAS Ltd WITH ANY FEEDBACK, SUGGESTIONS, RECOMMENDATIONS, REQUESTS, OR ANY OTHER INPUT REGARDING THE WEBSITE OR OXCITAS Ltd'S PRODUCTS OR SERVICES ("FEEDBACK"), YOU HEREBY IRREVOCABLY ASSIGN TO OXCITAS Ltd ALL RIGHT, TITLE, AND INTEREST IN AND TO SUCH FEEDBACK, AND OXCITAS Ltd SHALL BE FREE TO USE, DISCLOSE, REPRODUCE, LICENSE, OR OTHERWISE DISTRIBUTE AND EXPLOIT SUCH FEEDBACK AS IT SEES FIT, WITHOUT ANY OBLIGATION OR RESTRICTION OF ANY KIND.

18.9 Trademarks

OXCITAS Ltd'S TRADEMARKS, SERVICE MARKS, TRADE NAMES, AND LOGOS ("MARKS") ARE THE EXCLUSIVE PROPERTY OF OXCITAS Ltd. NOTHING IN THIS AGREEMENT OR ON THE WEBSITE SHOULD BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT TO USE ANY OF THE MARKS WITHOUT THE WRITTEN PERMISSION OF OXCITAS Ltd.

18.10 Copyright Infringement

OXCITAS Ltd RESPECTS THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND EXPECTS USERS OF THE WEBSITE TO DO THE SAME. WE WILL RESPOND TO NOTICES OF ALLEGED COPYRIGHT INFRINGEMENT THAT COMPLY WITH APPLICABLE LAW AND ARE PROPERLY PROVIDED TO US. IF YOU BELIEVE THAT YOUR COPYRIGHTED WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, PLEASE PROVIDE US WITH THE FOLLOWING INFORMATION:

# Privacy and Data Protection Consent Agreement

18.10 Copyright Infringement

a) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
b) Identification of the copyrighted work claimed to have been infringed;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d) Your contact information, including your address, telephone number, and an email address;
e) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
f) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.

We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer.

Notices of alleged copyright infringement should be sent to our Administration Department at Oxcitas Ltd.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

18.11 Survival

THE PROVISIONS OF THIS SECTION 18 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS INTELLECTUAL PROPERTY RIGHTS SECTION, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

# Privacy and Data Protection Consent Agreement

19. Prohibited Data Collection and Use

19.1 Unauthorised Access and Data Collection

YOU AGREE NOT TO ACCESS OR USE THE WEBSITE IN ANY MANNER THAT COULD DAMAGE, DISABLE, OVERBURDEN, OR IMPAIR ANY OXCITAS Ltd SERVER, OR INTERFERE WITH ANY OTHER PARTY'S USE AND ENJOYMENT OF THE WEBSITE. YOU SHALL NOT ATTEMPT TO GAIN UNAUTHORISED ACCESS TO ANY PORTION OR FEATURE OF THE WEBSITE, OR ANY OTHER SYSTEMS OR NETWORKS CONNECTED TO THE WEBSITE OR TO ANY OXCITAS Ltd SERVER, BY HACKING, PASSWORD "MINING" OR ANY OTHER ILLEGITIMATE MEANS.

19.2 Prohibition on Automated Data Collection

YOU SHALL NOT USE ANY ROBOT, SPIDER, SCRAPER, CRAWLER, OR OTHER AUTOMATED MEANS OR INTERFACE NOT PROVIDED BY OXCITAS Ltd TO ACCESS THE WEBSITE OR TO EXTRACT DATA. YOU AGREE NOT TO USE ANY DEVICE, SOFTWARE OR ROUTINE TO INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THE WEBSITE OR ANY TRANSACTION BEING CONDUCTED ON THE WEBSITE, OR WITH ANY OTHER PERSON'S USE OF THE WEBSITE.

19.3 Data Mining and Machine Learning

YOU SHALL NOT ENGAGE IN ANY DATA MINING, DATA HARVESTING, DATA EXTRACTING OR ANY OTHER SIMILAR ACTIVITY IN RELATION TO THE WEBSITE, NOR USE ANY PROCESS OR MEANS TO MONITOR, MIRROR, COPY, EXTRACT, OR INDEX ANY PORTION OF THE WEBSITE OR ITS CONTENT. THIS PROHIBITION EXTENDS TO, BUT IS NOT LIMITED TO, THE USE OF ANY DATA FOR MACHINE LEARNING, ARTIFICIAL INTELLIGENCE TRAINING, OR ANY OTHER FORM OF AUTOMATED PROCESSING OR ANALYSIS.

19.4 Restriction on Commercial Use

ANY UNAUTHORISED USE OF THE WEBSITE OR ITS CONTENT FOR COMMERCIAL PURPOSES IS STRICTLY PROHIBITED. THIS INCLUDES, BUT IS NOT LIMITED TO, RESELLING, SUBLICENSING, OR REDISTRIBUTING ANY PART OF THE WEBSITE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, BY CACHING, FRAMING OR SIMILAR MEANS, WITHOUT THE EXPRESS WRITTEN CONSENT OF OXCITAS Ltd.

19.5 Limited License for Personal Use

OXCITAS Ltd GRANTS YOU A LIMITED, REVOCABLE, NON-EXCLUSIVE, NON-SUBLICENSABLE LICENSE TO ACCESS AND MAKE PERSONAL USE OF THE WEBSITE. THIS LICENSE DOES NOT INCLUDE ANY RESALE OR COMMERCIAL USE OF THE WEBSITE OR ITS CONTENTS; ANY COLLECTION AND USE OF ANY PRODUCT LISTINGS, DESCRIPTIONS, OR PRICES; ANY DERIVATIVE USE OF THE WEBSITE OR ITS CONTENTS; ANY DOWNLOADING OR COPYING OF ACCOUNT INFORMATION FOR THE BENEFIT OF ANOTHER MERCHANT; OR ANY USE OF DATA MINING, ROBOTS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS.

19.6 Penalties for Violation

ANY UNAUTHORISED OR PROHIBITED USE OF THE WEBSITE OR ITS CONTENT AS DESCRIBED IN THIS SECTION MAY RESULT IN, WITHOUT LIMITATION, TERMINATION OF YOUR ACCESS TO THE WEBSITE, CIVIL DAMAGES, CRIMINAL PENALTIES AND/OR INJUNCTIVE RELIEF. OXCITAS Ltd RESERVES THE RIGHT TO TAKE ANY AND ALL LEGAL ACTION NECESSARY TO PREVENT UNAUTHORISED ACCESS AND USE OF THE WEBSITE AND TO RECOVER DAMAGES FOR SUCH ACTIONS.

19.7 Indemnification for Unauthorised Use

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OXCITAS Ltd, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM YOUR VIOLATION OF ANY PART OF THIS SECTION.

19.8 Reporting Unauthorised Use

IF YOU BECOME AWARE OF ANY UNAUTHORISED USE OF THE WEBSITE OR ITS CONTENT, INCLUDING ANY AUTOMATED DATA COLLECTION OR SCRAPING ACTIVITIES, YOU AGREE TO PROMPTLY NOTIFY OXCITAS Ltd.

19.9 Reservation of Rights

OXCITAS Ltd RESERVES THE RIGHT TO REFUSE SERVICE, TERMINATE ACCOUNTS, REMOVE OR EDIT CONTENT, OR CANCEL ORDERS IN ITS SOLE DISCRETION. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS GRANTING ANY LICENSE OR RIGHT TO USE ANY ASPECT OF THE WEBSITE OR ITS CONTENT BEYOND THE LIMITED LICENSE SET FORTH IN THIS SECTION.

19.10 Severability

19.11 Acknowledgment

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SECTION ON PROHIBITED DATA COLLECTION AND USE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT ANY VIOLATION OF THESE TERMS MAY RESULT IN SUBSTANTIAL LEGAL AND FINANCIAL PENALTIES.

20. Emerging Technologies and Evolving Legal Landscape

20.1 AI-Generated Content

ANY CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE ("AI") SYSTEMS ON OR THROUGH THE WEBSITE IS THE SOLE PROPERTY OF OXCITAS Ltd. YOU AGREE NOT TO CLAIM OWNERSHIP OR AUTHORSHIP OF ANY AI-GENERATED CONTENT. OXCITAS Ltd MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR APPROPRIATENESS OF AI-GENERATED CONTENT AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH CONTENT.

20.2 Blockchain and NFTs

ANY BLOCKCHAIN-BASED TOKENS, INCLUDING BUT NOT LIMITED TO NON-FUNGIBLE TOKENS (NFTs), THAT MAY BE ASSOCIATED WITH THE WEBSITE OR ITS CONTENT ARE GOVERNED BY SEPARATE TERMS AND CONDITIONS. THE CREATION, PURCHASE, SALE, OR TRANSFER OF SUCH TOKENS DOES NOT CONFER ANY OWNERSHIP RIGHTS IN THE UNDERLYING INTELLECTUAL PROPERTY OWNED BY OXCITAS Ltd.

20.3 Biometric Data

IN THE EVENT THAT OXCITAS Ltd COLLECTS OR PROCESSES ANY BIOMETRIC DATA (INCLUDING BUT NOT LIMITED TO FINGERPRINTS, FACIAL RECOGNITION DATA, OR VOICE PRINTS), SUCH PROCESSING SHALL BE SUBJECT TO ADDITIONAL CONSENT REQUIREMENTS AND SECURITY MEASURES AS REQUIRED BY APPLICABLE LAWS. YOU ACKNOWLEDGE THAT THE PROVISION OF ANY BIOMETRIC DATA IS ENTIRELY VOLUNTARY AND SUBJECT TO YOUR EXPLICIT CONSENT.

20.4 Internet of Things (IoT)

IF THE WEBSITE INTERACTS WITH OR COLLECTS DATA FROM IOT DEVICES, YOU ACKNOWLEDGE THAT SUCH INTERACTIONS MAY INVOLVE THE COLLECTION AND PROCESSING OF ADDITIONAL PERSONAL DATA. OXCITAS Ltd SHALL IMPLEMENT APPROPRIATE SECURITY MEASURES TO PROTECT DATA COLLECTED FROM IOT DEVICES AND SHALL USE SUCH DATA ONLY FOR THE PURPOSES SPECIFIED IN THIS AGREEMENT.

20.5 Evolving Privacy Regulations

YOU ACKNOWLEDGE THAT PRIVACY LAWS AND REGULATIONS ARE CONTINUALLY EVOLVING. OXCITAS Ltd RESERVES THE RIGHT TO MODIFY THIS AGREEMENT TO COMPLY WITH NEW OR AMENDED LAWS AND REGULATIONS. IN THE EVENT OF ANY MATERIAL CHANGES, OXCITAS Ltd WILL PROVIDE NOTICE AND, WHERE REQUIRED BY LAW, SEEK RENEWED CONSENT FROM USERS.

20.6 Cross-Border Data Transfers

IN LIGHT OF EVOLVING REGULATIONS REGARDING INTERNATIONAL DATA TRANSFERS (E.G., FOLLOWING THE INVALIDATION OF THE EU-US PRIVACY SHIELD), OXCITAS Ltd SHALL IMPLEMENT APPROPRIATE SAFEGUARDS FOR ANY CROSS-BORDER TRANSFERS OF PERSONAL DATA, INCLUDING BUT NOT LIMITED TO STANDARD CONTRACTUAL CLAUSES, BINDING CORPORATE RULES, OR OTHER LEGALLY RECOGNIZED TRANSFER MECHANISMS.

20.7 Right to Be Forgotten

IN JURISDICTIONS WHERE APPLICABLE, YOU MAY HAVE THE RIGHT TO REQUEST THE DELETION OF YOUR PERSONAL DATA ("RIGHT TO BE FORGOTTEN"). OXCITAS Ltd SHALL COMPLY WITH SUCH REQUESTS TO THE EXTENT REQUIRED BY LAW, SUBJECT TO ANY OVERRIDING LEGAL OR BUSINESS RETENTION REQUIREMENTS.

20.8 Data Portability

WHERE REQUIRED BY APPLICABLE LAW, OXCITAS Ltd SHALL PROVIDE YOU WITH THE ABILITY TO RECEIVE A COPY OF YOUR PERSONAL DATA IN A STRUCTURED, COMMONLY USED, AND MACHINE-READABLE FORMAT, AND TO TRANSMIT THIS DATA TO ANOTHER CONTROLLER WITHOUT HINDRANCE.

20.9 Algorithmic Decision-Making and Profiling

IF OXCITAS Ltd ENGAGES IN AUTOMATED DECISION-MAKING OR PROFILING THAT PRODUCES LEGAL OR SIMILARLY SIGNIFICANT EFFECTS CONCERNING YOU, WE SHALL IMPLEMENT SUITABLE MEASURES TO SAFEGUARD YOUR RIGHTS, FREEDOMS, AND LEGITIMATE INTERESTS, AT A MINIMUM INCLUDING THE RIGHT TO OBTAIN HUMAN INTERVENTION, EXPRESS YOUR POINT OF VIEW, AND CONTEST THE DECISION.

20.10 Children's Online Privacy

OXCITAS Ltd RECOGNIZES THE IMPORTANCE OF CHILDREN'S PRIVACY AND COMPLIES WITH THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND SIMILAR LAWS WORLDWIDE. WE DO NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER 13 WITHOUT VERIFIABLE PARENTAL CONSENT. IF WE LEARN THAT WE HAVE COLLECTED PERSONAL INFORMATION FROM A CHILD UNDER 13 WITHOUT PARENTAL CONSENT, WE WILL TAKE STEPS TO DELETE THAT INFORMATION AS QUICKLY AS POSSIBLE.

20.11 Privacy by Design and Default

OXCITAS Ltd IMPLEMENTS PRIVACY BY DESIGN AND PRIVACY BY DEFAULT PRINCIPLES IN THE DEVELOPMENT AND OPERATION OF THE WEBSITE AND ITS SERVICES. THIS INCLUDES IMPLEMENTING APPROPRIATE TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THAT, BY DEFAULT, ONLY PERSONAL DATA NECESSARY FOR EACH SPECIFIC PURPOSE OF THE PROCESSING IS PROCESSED.

20.12 Data Protection Impact Assessments

WHERE A TYPE OF PROCESSING IS LIKELY TO RESULT IN A HIGH RISK TO YOUR RIGHTS AND FREEDOMS, OXCITAS Ltd SHALL CARRY OUT A DATA PROTECTION IMPACT ASSESSMENT PRIOR TO THE PROCESSING. WHERE NECESSARY, WE WILL CONSULT WITH THE RELEVANT DATA PROTECTION AUTHORITY BEFORE PROCEEDING WITH SUCH PROCESSING.

20.13 Quantum Computing Considerations

AS QUANTUM COMPUTING TECHNOLOGIES ADVANCE, OXCITAS Ltd ACKNOWLEDGES THE POTENTIAL FUTURE NEED TO IMPLEMENT QUANTUM-RESISTANT ENCRYPTION METHODS TO PROTECT USER DATA. WE COMMIT TO MONITORING DEVELOPMENTS IN THIS FIELD AND UPDATING OUR SECURITY MEASURES ACCORDINGLY.

20.14 Synthetic Media and Deepfakes

OXCITAS Ltd PROHIBITS THE USE OF OUR WEBSITE OR SERVICES TO CREATE OR DISTRIBUTE SYNTHETIC MEDIA OR DEEPFAKES THAT COULD MISLEAD OR DECEIVE OTHERS. ANY SUCH CONTENT CREATED OR DISTRIBUTED THROUGH OUR PLATFORM MAY BE REMOVED, AND THE RESPONSIBLE USER'S ACCOUNT MAY BE TERMINATED.

20.15 Acknowledgment of Evolving Landscape

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT THE TECHNOLOGICAL AND LEGAL LANDSCAPE IS CONTINUALLY EVOLVING, AND YOU AGREE TO BE BOUND BY UPDATES TO THIS AGREEMENT THAT ADDRESS NEW TECHNOLOGIES, USES, OR LEGAL REQUIREMENTS. OXCITAS Ltd WILL MAKE REASONABLE EFFORTS TO NOTIFY USERS OF SIGNIFICANT CHANGES TO THIS AGREEMENT.

21. Comprehensive Limitation of Liability and User Acknowledgment

21.1 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OXCITAS Ltd PROVIDES THE WEBSITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. OXCITAS Ltd DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING USER CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.

21.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OXCITAS Ltd, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES. UNDER NO CIRCUMSTANCES WILL OXCITAS Ltd BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORISED ACCESS OR USE OF THE WEBSITE OR SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

21.3 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OXCITAS Ltd’S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR SERVICES, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT YOU HAVE PAID OXCITAS Ltd IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR (B) $100 USD.

21.4 Exclusions

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OXCITAS Ltd AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

21.5 Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OXCITAS Ltd AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM OR RELATING TO YOUR VIOLATION OF THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES.

21.6 Changes in Legislation

YOU ACKNOWLEDGE AND AGREE THAT OXCITAS Ltd SHALL NOT BE LIABLE FOR ANY CHANGES IN APPLICABLE LAWS OR REGULATIONS, OR FOR ANY CHANGES IN THE INTERPRETATION OF SUCH LAWS OR REGULATIONS, THAT MAY AFFECT THE WEBSITE, SERVICES, OR THIS AGREEMENT. OXCITAS Ltd RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AS NECESSARY TO COMPLY WITH ANY SUCH CHANGES, AND YOU AGREE TO BE BOUND BY SUCH MODIFICATIONS.

21.7 Force Majeure

OXCITAS Ltd SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT ARISING OUT OF OR CAUSED, DIRECTLY OR INDIRECTLY, BY CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, EARTHQUAKES, FIRES, FLOODS, WARS, CIVIL OR MILITARY DISTURBANCES, SABOTAGE, EPIDEMICS, PANDEMICS, RIOTS, INTERRUPTIONS, LOSS OR MALFUNCTIONS OF UTILITIES OR COMMUNICATIONS SERVICES, LABOR DISPUTES, ACTS OF CIVIL OR MILITARY AUTHORITY, OR GOVERNMENTAL ACTIONS.

21.8 User Acknowledgment and Acceptance of Risk

BY USING THE WEBSITE AND SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT OXCITAS Ltd DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

21.9 Waiver of Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE, RELEASE, AND DISCHARGE OXCITAS Ltd, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS FROM ANY PAST, PRESENT, AND FUTURE CLAIMS, LIABILITIES, AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES. YOU WAIVE ANY STATUTORY OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOUR AT THE TIME OF AGREEING TO THIS RELEASE.

21.10 Severability and Survival

IF ANY PROVISION OF THIS SECTION IS FOUND TO BE UNENFORCEABLE OR INVALID, THAT PROVISION SHALL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY SO THAT THIS SECTION SHALL OTHERWISE REMAIN IN FULL FORCE AND EFFECT AND ENFORCEABLE. THE LIMITATIONS OF LIABILITY AND INDEMNIFICATION PROVISIONS IN THIS AGREEMENT WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.

21.11 Strict Acknowledgment

BY USING THE WEBSITE OR SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THIS SECTION 21. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS, INCLUDING THE RIGHT TO SUE OXCITAS Ltd AND THE AFFILIATED PARTIES MENTIONED HEREIN. YOU ACKNOWLEDGE THAT YOU ARE ENTERING INTO THIS AGREEMENT VOLUNTARILY, AND THAT YOU HAVE BEEN ADVISED TO SEEK LEGAL COUNSEL BEFORE AGREEING TO THESE TERMS.

End of Agreement