On10 Solutions – Terms of Service

TERMS OF SERVICE

Last Updated: June 7, 2025

1. INTRODUCTION AND ACCEPTANCE

Welcome to On10 Solutions. These Terms of Service (“Terms”) constitute a legally binding agreement between On10 Solutions, LLC, a Florida limited liability company (“On10 Solutions,” “we,” “us,” or “our”) and you, the user of our services (“you” or “User”).

These Terms govern your access to and use of the On10 Solutions website located at https://on10solutions.com (the “Website”), our Client4LifeAI and OmniViralAI services, and any other services, applications, features, or content offered by On10 Solutions (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.

By accessing or using the 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 may not access or use the Services.

We may modify these Terms at any time. Your continued use of the Services following the posting of modified Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for updates.

2. DEFINITIONS

In these Terms, the following definitions apply:

“On10 Solutions” refers to On10 Solutions, LLC, a Florida limited liability company, including its officers, directors, employees, agents, and affiliates.

“Services” refers to all services provided by On10 Solutions, including but not limited to the Website, Client4LifeAI, OmniViralAI, and any other applications, features, or content offered by On10 Solutions.

“Client4LifeAI” refers to our artificial intelligence-powered customer relationship management service that helps businesses maintain and enhance client relationships through automated communications and data analysis.

“OmniViralAI” refers to our artificial intelligence-powered content creation and distribution service that helps businesses create and optimize content for social media and other digital platforms.

“User” or “you” refers to any individual or entity that accesses or uses the Services.

“User Content” refers to any content, including but not limited to text, images, videos, audio, and data, that you upload, submit, or otherwise provide to or through the Services.

“AI-Generated Content” refers to any content, including but not limited to text, images, videos, and audio, that is created, modified, or enhanced by our artificial intelligence systems as part of the Services.

“Intellectual Property Rights” refers to all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

3. ACCOUNT REGISTRATION AND ELIGIBILITY

3.1 Eligibility

To use the Services, you must be at least 18 years of age and have the legal capacity to enter into a binding contract with On10 Solutions. By using the Services, you represent and warrant that you meet these requirements.

If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms “you” or “User” shall refer to such entity.

3.2 Account Creation

To access certain features of the Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You also agree to maintain and promptly update your account information to keep it accurate, current, and complete.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. On10 Solutions will not be liable for any loss or damage arising from your failure to protect your account credentials.

You are solely responsible for all activities that occur under your account. We reserve the right to suspend or terminate your account if we suspect unauthorized or fraudulent use.

3.4 One Account Per User

You may not create or use more than one account without our express permission. We reserve the right to terminate multiple accounts created by or on behalf of the same user.

4. SERVICES DESCRIPTION

4.1 Overview of Services

On10 Solutions provides various digital services, including but not limited to web design, development, marketing, and artificial intelligence-powered solutions. Our primary services include Client4LifeAI and OmniViralAI, which utilize artificial intelligence to enhance customer relationship management and content creation, respectively.

4.2 Client4LifeAI

Client4LifeAI is an artificial intelligence-powered customer relationship management service designed to help businesses maintain and enhance client relationships. The service includes:

Automated client communications
Personalized content generation
Client data analysis and insights
Relationship management tools
Integration with existing CRM systems

Client4LifeAI uses artificial intelligence to analyze client data, generate personalized communications, and provide insights to help businesses improve client retention and satisfaction.

4.3 OmniViralAI

OmniViralAI is an artificial intelligence-powered content creation and distribution service designed to help businesses create and optimize content for social media and other digital platforms. The service includes:

AI-generated content creation
Content optimization for various platforms
Automated content scheduling and distribution
Performance analytics
Trend analysis and recommendations

OmniViralAI uses artificial intelligence to generate, optimize, and distribute content that resonates with target audiences across various digital platforms.

4.4 Service Limitations

While we strive to provide high-quality services, you acknowledge and agree that:

The Services are provided “as is” and “as available”
AI-generated content may not always be accurate or appropriate
The effectiveness of the Services depends on various factors, including the quality of input data
We do not guarantee specific results or outcomes from using the Services
We may modify, suspend, or discontinue any aspect of the Services at any time

4.5 Service Availability

We will make reasonable efforts to keep the Services operational. However, certain technical difficulties, maintenance, or other events may temporarily interrupt your access to the Services. On10 Solutions reserves the right to change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability, without notice or liability.

5. USER RESPONSIBILITIES

5.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

In any way that violates any applicable federal, state, local, or international law or regulation
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services
To impersonate or attempt to impersonate On10 Solutions, an On10 Solutions employee, another user, or any other person or entity
To engage in any other conduct that could damage, disable, overburden, or impair the Services or interfere with any other party’s use of the Services

5.2 Prohibited Activities

You agree not to:

Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services
Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose
Use any device, software, or routine that interferes with the proper working of the Services
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack
Otherwise attempt to interfere with the proper working of the Services

5.3 User Representations and Warranties

You represent and warrant that:

You have the legal right and authority to enter into this agreement
All information you provide to On10 Solutions is true, accurate, and complete
Your use of the Services will not violate any applicable law or regulation
Your use of the Services will not infringe or misappropriate any intellectual property right or other right of any third party
You will comply with all terms and conditions of these Terms

5.4 Content Responsibility

You are solely responsible for all User Content that you upload, post, or otherwise transmit via the Services. You represent and warrant that you have all necessary rights to submit such User Content and that the User Content does not violate any third-party rights or applicable laws.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 On10 Solutions Intellectual Property

All content, features, and functionality of the Services, including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel, are owned by On10 Solutions, 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.

These Terms permit you to use the Services for your personal, non-commercial use only, or for legitimate business purposes if you are using the Services on behalf of a business. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit 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
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, or legitimate business purposes
If we provide social media features with certain content, you may take such actions as are enabled by such features

You must not:

Modify copies of any materials from the Services
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services
Access or use for any commercial purposes any part of the Services or any services or materials available through the Services

If you wish to make any use of material on the Services other than that set out in this section, please address your request to: support@on10solutions.com.

6.2 User Content

You retain all of your ownership rights in your User Content. However, by uploading, posting, or otherwise transmitting User Content to or through the Services, you grant On10 Solutions 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 the Services and On10 Solutions’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

You also grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Services and under these Terms.

6.3 Third-Party Assets

In the event that any project created using the Services incorporates third-party assets that are not owned by On10 Solutions, such as fonts, images, or other materials necessitating a commercial license for legal use (“Third-Party Assets”), it is your sole responsibility to ensure that you have obtained all necessary licenses and rights to use these Third-Party Assets. You agree to comply with any terms and conditions associated with these Third-Party Assets.

On10 Solutions explicitly disclaims any responsibility or liability for the legal use of Third-Party Assets incorporated into projects by you. In case of any legal issues or claims arising from the use of Third-Party Assets, you agree to indemnify and hold harmless On10 Solutions against any claims, damages, expenses, or liabilities.

6.4 Feedback

If you provide On10 Solutions with any feedback, suggestions, improvements, enhancements, or feature requests relating to the Services (“Feedback”), you grant On10 Solutions a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.

7. AI-SPECIFIC TERMS

7.1 AI Disclaimer

The Services include artificial intelligence components that generate content and provide recommendations. You acknowledge and agree that:

AI-generated content may not always be accurate, complete, or appropriate
On10 Solutions cannot always assess the accuracy of AI-generated content
AI systems may produce unexpected or unintended outputs
AI-generated content should be reviewed by humans before use in critical applications
On10 Solutions is not responsible for decisions made based on AI-generated content

This disclaimer applies to all AI components of the Services, including but not limited to Client4LifeAI and OmniViralAI.

7.2 AI-Generated Content Ownership

Subject to the licenses granted in these Terms, you own the specific outputs generated by the Services at your direction using your User Content. However, On10 Solutions retains ownership of all models, algorithms, and systems used to generate such outputs.

On10 Solutions retains a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use AI-Generated Content for marketing, research, development, and other business purposes. This includes the right to modify, reproduce, distribute, display, and perform such AI-Generated Content.

7.3 Restrictions on AI-Generated Content

You agree not to use AI-Generated Content to:

Impersonate specific individuals without their explicit consent
Create or distribute misleading or deceptive information
Generate content that violates third-party intellectual property rights
Create content that is defamatory, obscene, or otherwise unlawful
Develop applications that could cause harm to individuals or society

On10 Solutions reserves the right to monitor AI-Generated Content and take appropriate action, including termination of your account, if you violate these restrictions.

7.4 AI Data Usage and Training

By using the Services, you acknowledge and agree that On10 Solutions may use your User Content and interactions with the Services to train, improve, and develop our AI systems and Services. This may include:

Analyzing usage patterns to improve user experience
Using User Content to train AI models
Aggregating and anonymizing data for research and development
Improving the accuracy and effectiveness of AI-generated outputs

On10 Solutions will handle all data in accordance with our Privacy Policy and applicable data protection laws.

7.5 AI Role vs. Service Role

You acknowledge that our AI systems may sometimes self-identify in certain ways or make statements about their capabilities. Regardless of how our AI systems identify themselves, you understand and agree that:

Client4LifeAI is not a substitute for professional relationship management expertise
OmniViralAI is not a substitute for professional content creation and marketing expertise
The Services are tools to assist you, not replace human judgment
You are responsible for reviewing and approving all AI-generated content before use

7.6 Use of Technology Partners

The Services may incorporate or utilize AI models, technologies, or services developed by third-party partners. By using the Services, you acknowledge and agree that:

Your data may be shared with these technology partners as necessary to provide the Services
Third-party terms of service may apply to certain components of the Services
On10 Solutions will take reasonable measures to ensure the security and confidentiality of your data when shared with technology partners

7.7 Prohibited AI Use Cases

In addition to the Prohibited Activities listed in Section 5.2, you agree not to use the AI components of the Services to:

Generate content that impersonates individuals without their consent
Create deepfakes or other synthetic media designed to deceive
Generate content that promotes discrimination, harassment, or violence
Develop autonomous systems that make consequential decisions affecting individuals without human oversight
Create applications that could manipulate or exploit vulnerable populations
Generate content that intentionally spreads misinformation or disinformation
Develop surveillance or tracking systems that violate privacy rights

On10 Solutions reserves the right to monitor for such prohibited uses and take appropriate action, including termination of your account, if you engage in these activities.

8. PRIVACY AND DATA USAGE

8.1 Privacy Policy

Your privacy is important to us. Our Privacy Policy, available at https://on10solutions.com/privacy-policy/, describes how we collect, use, and share information about you when you use the Services. By using the Services, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

8.2 Data Collection and Usage

On10 Solutions collects and processes various types of data when you use the Services, including:

Account information (name, email, etc.)
User Content you provide
Usage data and analytics
Device and browser information
Location data
Communications with On10 Solutions

This data is used to provide, maintain, and improve the Services, as well as to develop new features and services. For more details on how we collect and use data, please refer to our Privacy Policy.

8.3 International Data Transfer

On10 Solutions is based in the United States. By accessing or using the Services, you consent to the processing and transfer of information in and to the United States and other countries, which may have different data protection laws than those in your country of residence.

8.4 GDPR Compliance

If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, you may have certain rights under the General Data Protection Regulation (GDPR) and other applicable data protection laws. On10 Solutions is committed to complying with these regulations when processing personal data of individuals in these regions. This includes:

Processing personal data lawfully, fairly, and transparently
Collecting personal data only for specified, explicit, and legitimate purposes
Processing only the personal data that is necessary for the relevant purposes
Ensuring personal data is accurate and kept up to date
Keeping personal data only for as long as necessary for the relevant purposes
Processing personal data in a manner that ensures appropriate security

For more information about how we comply with the GDPR and how to exercise your rights (including the right to access, correct, or delete your personal data), please refer to our Privacy Policy.

8.5 User Data Responsibilities

You are responsible for ensuring that your collection and use of any third-party data through the Services complies with all applicable laws and regulations, including data protection and privacy laws. You represent and warrant that you have obtained all necessary consents and permissions to process any third-party data using the Services.

8.6 Data Security

On10 Solutions implements reasonable security measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

8.7 Data Retention

On10 Solutions will retain your data for as long as necessary to provide the Services, comply with legal obligations, resolve disputes, and enforce our agreements. For more information on data retention, please refer to our Privacy Policy.

8.8 California Privacy Rights

If you are a California resident, you may have certain rights under the California Consumer Privacy Act (CCPA) and other California privacy laws. These rights may include:

The right to know what personal information we collect, use, disclose, and sell
The right to request deletion of your personal information
The right to opt-out of the sale of your personal information
The right to non-discrimination for exercising your privacy rights

For more information about your California privacy rights and how to exercise them, please refer to our Privacy Policy or contact us at privacy@on10solutions.com.

9. PAYMENT TERMS AND SUBSCRIPTION

9.1 Pricing and Payment Methods

The pricing for our Services is set forth on our Website or in a separate agreement between you and On10 Solutions. All prices are in U.S. dollars unless otherwise specified. We accept various payment methods, including credit cards, debit cards, and other payment methods as specified on our Website.

By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or purchase, including any taxes and fees.

9.2 Subscription Terms

Certain Services may be offered on a subscription basis. When you purchase a subscription, you agree to the following terms:

Your subscription will automatically renew at the end of each subscription period unless you cancel it before the renewal date
The length of your subscription period will be specified during the purchase process
Subscription fees will be charged at the beginning of each subscription period
Subscription fees may change upon renewal, but we will provide notice of any price changes before they take effect

9.3 Cancellation Policy

You may cancel your subscription at any time by contacting us at support@on10solutions.com or through your account settings if available. If you cancel your subscription:

You will continue to have access to the Services until the end of your current subscription period
No refunds will be provided for the current subscription period
Your subscription will not renew for the next period
You will lose access to the Services at the end of your current subscription period

9.4 Refunds Policy

All purchases are final and non-refundable unless otherwise specified in a separate agreement or required by applicable law. In exceptional circumstances, On10 Solutions may, at its sole discretion, offer a partial or full refund. Any request for a refund must be made in writing to support@on10solutions.com within 7 days of the purchase date.

9.5 Delinquent Accounts

If your payment method is declined or becomes invalid, we may suspend or terminate your access to the Services. You agree to pay all amounts owed to On10 Solutions upon demand. In addition to the amount due, delinquent accounts may be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

9.6 Taxes

You are responsible for paying all taxes associated with your purchase of the Services, except for taxes based on On10 Solutions’s net income. If On10 Solutions is required to collect or pay any taxes on your behalf, you agree to pay such amounts to On10 Solutions.

10. TERM AND TERMINATION

10.1 Duration of Agreement

These Terms will remain in full force and effect while you use the Services or maintain an account with On10 Solutions.

10.2 Termination by User

You may terminate your account at any time by contacting us at support@on10solutions.com or through your account settings if available. Upon termination, you will no longer have access to the Services, and certain provisions of these Terms will continue to apply as specified in Section 10.4.

10.3 Termination by On10 Solutions

On10 Solutions reserves the right to suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including but not limited to:

Violation of these Terms
Engaging in prohibited activities
Failure to pay fees or charges
Suspected fraudulent, abusive, or illegal activity
Requests by law enforcement or other government agencies
Unexpected technical or security issues
Extended periods of inactivity

On10 Solutions may provide notice of termination at its discretion. In case of termination for violation of these Terms, On10 Solutions may, at its sole discretion, refuse to provide Services to you in the future.

10.4 Effect of Termination

Upon termination of your account or these Terms:

Your right to access and use the Services will immediately cease
On10 Solutions may delete or retain your User Content at its discretion
Any fees paid are non-refundable unless otherwise specified
All licenses granted to you under these Terms will terminate
Sections 6 (Intellectual Property Rights), 7 (AI-Specific Terms), 11 (Disclaimers and Warranties), 12 (Limitation of Liability and Indemnification), 13 (Dispute Resolution), and any other provisions that by their nature should survive termination will survive

10.5 Post-Termination Obligations

After termination, you must cease all use of the Services and delete any content or materials you have downloaded or copied from the Services, except as permitted under these Terms or by law. You remain liable for any outstanding fees or obligations incurred before termination.

11. DISCLAIMERS AND WARRANTIES

11.1 “As-Is” Provision

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ON10 SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, 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.

11.2 No Warranties

On10 Solutions does not warrant that:

The Services will meet your specific requirements
The Services will be uninterrupted, timely, secure, or error-free
The results that may be obtained from the use of the Services will be accurate or reliable
The quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations
Any errors in the Services will be corrected

11.3 Service Interruptions

You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that On10 Solutions has no control over third-party networks you may access in the course of using the Services, and therefore, delays and disruption of other network transmissions are completely beyond On10 Solutions’s control.

11.4 Third-Party Content

The Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Content”) or provide links to third-party websites or services. On10 Solutions does not control, endorse, or adopt any Third-Party Content and will have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. You acknowledge that On10 Solutions is not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. You further acknowledge and agree that On10 Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resources.

11.5 AI-Generated Content Disclaimer

You acknowledge and agree that AI-generated content provided through the Services may not always be accurate, complete, or appropriate for your intended use. On10 Solutions makes no warranties regarding the accuracy, quality, or appropriateness of AI-generated content. You are solely responsible for reviewing and verifying all AI-generated content before use.

12. LIMITATION OF LIABILITY AND INDEMNIFICATION

12.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ON10 SOLUTIONS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

UNDER NO CIRCUMSTANCES WILL ON10 SOLUTIONS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ON10 SOLUTIONS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES
USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY

IN NO EVENT SHALL ON10 SOLUTIONS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ON10 SOLUTIONS IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ON10 SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

12.2 Exclusion of Certain Damages

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12.3 Indemnification

You agree to defend, indemnify, and hold harmless On10 Solutions, 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
Your User Content
Your use of the Services, including, but not limited to, any use of the Services’ content, services, and products other than as expressly authorized in these Terms
Your use of any information obtained from the Services
Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
Any claim that your User Content caused damage to a third party
Any decision or action you make based on the Services or AI-generated content

This defense and indemnification obligation will survive these Terms and your use of the Services.

12.4 Force Majeure

On10 Solutions shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

13. DISPUTE RESOLUTION

13.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with these Terms 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 Florida, United States, without giving effect to any choice or conflict of law provision or rule.

13.2 Venue for Disputes

Any legal action or proceeding arising out of or relating to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Orlando and County of Orange, and you irrevocably submit to the personal jurisdiction of such courts in any such action or proceeding.

13.3 Alternative Dispute Resolution

Before filing a claim against On10 Solutions, you agree to attempt to resolve the dispute informally by contacting us at support@on10solutions.com. We’ll try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or On10 Solutions may bring a formal proceeding.

13.4 Class Action Waiver

YOU AND ON10 SOLUTIONS 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.

Unless both you and On10 Solutions agree otherwise, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

13.5 Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14. MODIFICATIONS TO TERMS

14.1 Right to Modify

On10 Solutions reserves the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time. We will provide notice of such changes by posting the updated Terms on the Website and changing the “Last Updated” date at the top of these Terms. We may also provide notice of changes in other ways, such as through the Services or via email.

14.2 Notification of Changes

It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

14.3 Material Changes

For material changes to these Terms, we will make reasonable efforts to provide notice to you, such as by email to the email address associated with your account or by displaying a prominent notice within the Services. Material changes will become effective 30 days after such notification. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately.

15. SHOWCASING DESIGN WORK

15.1 Right to Showcase Work

Unless otherwise agreed in writing, On10 Solutions reserves the right to showcase any design work, including but not limited to websites, graphics, and AI-generated content created for you, as part of our portfolio, case studies, social media, or other promotional materials. This includes the right to display, reproduce, and distribute such work for promotional purposes.

15.2 NDA Exceptions

If you have entered into a separate Non-Disclosure Agreement (NDA) with On10 Solutions that specifically prohibits the showcasing of work, then the terms of that NDA will supersede this section. In such cases, On10 Solutions will not showcase your work without your explicit written permission.

16. REFERRALS

16.1 Referral Tracking

On10 Solutions may use third-party services, such as Rewardful.com, to track referrals to our Services. By using referral links or codes, you acknowledge and agree that information about your referral activity may be collected and processed in accordance with our Privacy Policy and the privacy policies of such third-party services.

16.2 Referral Program

If On10 Solutions offers a referral program, participation in such program is subject to additional terms and conditions, which will be provided at the time of enrollment in the program. On10 Solutions reserves the right to modify or terminate any referral program at any time without notice.

17. ELECTRONIC COMMUNICATIONS

17.1 Consent to Electronic Communications

By using the Services, you consent to receive communications from On10 Solutions electronically, including emails, texts, mobile push notices, or notices and messages on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

17.2 Communication Preferences

You may manage your communication preferences through your account settings or by contacting us at support@on10solutions.com. However, you cannot opt out of receiving transactional emails related to your account or the Services.

18. MISCELLANEOUS

18.1 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

18.2 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without On10 Solutions’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. On10 Solutions may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

18.3 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and On10 Solutions concerning the Services. These Terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and On10 Solutions regarding the Services.

18.4 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and On10 Solutions’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18.5 Interpretation

The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

18.6 Relationship of the Parties

Nothing in these Terms is intended to or shall operate to create a partnership between the parties, or authorize either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.

18.7 Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

18.8 Export Control

You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list.

19. CONTACT INFORMATION

19.1 Contact Details

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

On10 Solutions, LLC
5005 W. Laurel,
Tampa, FL 33607
United States

Email: support@on10solutions.com
Website: https://on10solutions.com

19.2 Support Channels

For technical support or assistance with the Services, you may contact us through the following channels:

Email: support@on10solutions.com
Website: https://on10solutions.com/contact
Phone: +1 (813) 252-1961

We strive to respond to all inquiries within 24-48 business hours.

20. ACCESSIBILITY

20.1 Commitment to Accessibility

On10 Solutions is committed to making its Services accessible to all users, including those with disabilities. We strive to comply with applicable accessibility laws and regulations, including the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG).

20.2 Accessibility Features

We continuously work to improve the accessibility of our Services by:

Designing interfaces with accessibility in mind
Supporting screen readers and other assistive technologies
Providing alternative text for images
Ensuring sufficient color contrast
Allowing keyboard navigation

20.3 Accessibility Feedback

If you encounter any accessibility barriers while using our Services, please contact us at accessibility@on10solutions.com. We welcome your feedback and suggestions for improving the accessibility of our Services.

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.