QIXIT SERVICE AGREEMENT

Qix Information Technologies LLC

Qixit™ • Qix Credits™ • 2WayMicropay™ • PayMail™ • Summa Accounts™ | Components of the Qix™ Suite of Services

Last Updated: March 18, 2026

QIX™ LEGAL DOCUMENT SUITE — INCORPORATED BY REFERENCE

This document is part of the Qix™ legal document suite. By using any Qix™ service or software you agree to ALL of the following documents, each incorporated herein by reference: Terms of Use; Redemption Program Terms; Software License; Privacy Policy; Earnings Disclaimer. Precedence on conflict: Terms of Use → Service Agreement → Redemption Program Terms → Software License / Privacy Policy / Earnings Disclaimer. For cash conversion of Qix Credits™, the Redemption Program Terms control over the Service Agreement.

Qixit™ and 2WayMicropay™ are components of the Qix™ suite of services (collectively, the “Qixit Service”) provided by Qix Information Technologies LLC, a Florida limited liability company (“Qixit,” “us,” or “we”). The Qix™ suite encompasses patented technologies for the electronic transmission of user-generated information, promotional credits, and the exchange of merchandise, services, and marketing information via our proprietary network.

Qix Information Technologies LLC issues a proprietary platform reward point called Qix Credits™ (also referred to herein as ‘Credits’ or ‘Qixit Credits.’). All references to ‘Credits’ in this Service Agreement refer to Qix Credits.

This Qixit Service Agreement (“Service Agreement”) sets forth the terms and conditions for use of the Qixit Service and is a legally binding contract between you and Qixit. Your use of the Qixit website is also governed by our Terms of Use. Your use of the Qixit client software is governed by our Software License. The collection and use of your personal information is governed by our Privacy Policy. Cash conversion of Qix Credits™ is governed exclusively by the Redemption Program Terms. The Redemption Program Terms control over this Service Agreement with respect to cash conversion.

IMPORTANT: BY CREATING A QIXIT ACCOUNT AND/OR SENDING OR RECEIVING A QIXIT MESSAGE WITH OR WITHOUT A CREDIT TRANSACTION, YOU AGREE TO THIS SERVICE AGREEMENT AND ALL DOCUMENTS IN THE QIX™ LEGAL SUITE. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE THE QIXIT SERVICE.

YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE, HAVE LEGAL CAPACITY TO ENTER THIS AGREEMENT, AND RESIDE IN THE UNITED STATES. IF YOU DO NOT MEET THESE REQUIREMENTS, DO NOT USE THE QIXIT SERVICE.

We may revise this Service Agreement at any time. When we do, we will (a) revise the “Last Updated” date, and (b) send a message to your Qixit address giving notice. Your continued use after such notice constitutes acceptance of the revised agreement.

THIS SERVICE AGREEMENT IS PROVIDED WITHOUT WARRANTY AND SUBJECT TO LIMITATIONS ON LIABILITY (SEE SECTIONS 13 AND 14). IT ALSO CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER (SEE SECTION 17.3).

ELECTRONIC COMMUNICATIONS CONSENT: YOU CONSENT TO RECEIVE ALL DISCLOSURES, NOTICES, AND INFORMATION FROM US ELECTRONICALLY. YOU MAY REQUEST PAPER COPIES OR WITHDRAW THIS CONSENT BY CONTACTING QIXIT. QIXIT RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT IF YOU WITHDRAW ELECTRONIC COMMUNICATIONS CONSENT.

1. Registration, Account Issuance, Relationship and User Obligations

1.1 Registration

You are required to register with us to use the Qixit Service. You must provide true, accurate, current, and complete information including your name, date of birth, and address, and must promptly notify us of any changes. Use of false information will result in immediate account closure and forfeiture of any credits due. Please review our

Please review our Privacy Policy to understand how your information is collected and used. By registering, you consent to the practices described therein.

1.2 Account Issuance, Security and Single-Account Rule

If we issue an Account to you, we will provide a username and/or password. You may not register for more than one Account. Registering more than one Account — whether directly, through a household or family member, or through any third party acting on your behalf — is a material breach of this Service Agreement.

In the event Qixit determines, in its reasonable discretion, that you have registered or operated more than one Account, Qixit reserves the right to: (a) immediately suspend or terminate all associated Accounts; (b) forfeit and void any and all Delivery Charges, advertising credits, platform credits, referral commissions, or other amounts accrued across any duplicate Accounts, whether or not yet disbursed; (c) claw back any amounts already paid to you in connection with a duplicate Account; and (d) permanently bar you from registering a new Account. Qixit may use technical means — including device identifiers, IP address analysis, browser fingerprinting, and behavioral signals — to detect duplicate Accounts, and by creating an Account you consent to such monitoring.

You are solely responsible for all Account activity and must maintain the confidentiality of your login credentials. Notify Qixit immediately of any unauthorized Account use or security breach.

1.3 Relationship of the Parties

You and Qixit are independent contracting parties. This Agreement does not create any agency, employer-employee, partnership, joint venture, fiduciary, or similar relationship. As a Qixit user, you are both: (a) an independent Vendor who may sell your own time, interest, goodwill, access, tangible goods, or services (“Goods”) to other Qixit users; and (b) a consumer of Goods offered by other Vendors. You are solely responsible for the promotion, delivery, and quality of your Goods and any Goods you purchase.

As an independent contracting party, you agree that:

You are not authorized to make any warranty or representation on behalf of Qixit
You shall not represent to anyone that you are an agent of Qixit
You will not obligate or attempt to obligate Qixit in any manner
You are solely responsible for reporting and paying all applicable taxes on your earnings
You are solely responsible for all employment-related tax obligations for your employees, contractors, or agents
You are responsible for obtaining all licenses and permits required for your business and agree to indemnify Qixit for costs resulting from your violation of applicable law

1.4 User Obligations

You are solely responsible for: (a) providing your own internet access; and (b) maintaining your own copies of messages, data, and files sent or received via the Qixit Service. Qixit is not responsible for maintaining copies of such content beyond the record of your Account balance as required by applicable law.

2. Nature of Qix Credits™ — Not a Financial Account

2.1 Points-Based System; No Fiat Currency

The Qixit Service operates a proprietary points-based reward and exchange platform. Your Qixit account is NOT a bank account, deposit account, prepaid payment account, stored-value account, money services account, or financial account of any kind. Qixit is not a bank, money transmitter, payment institution, or financial services provider under this Service Agreement.

All account balances are expressed as points denominated in U.S. dollars and cents solely as a display convention. This denomination does not represent, and shall not be construed to represent, the holding of fiat currency, legal tender, or any monetary instrument on your behalf.

NO FIAT CURRENCY IS HELD IN YOUR QIXIT ACCOUNT. QIX CREDITS ARE PLATFORM POINTS WITH NO GUARANTEED CASH VALUE EXCEPT AS EXPRESSLY PROVIDED UNDER THE REDEMPTION PROGRAM TERMS. YOUR QIXIT ACCOUNT BALANCE IS NOT INSURED BY THE FDIC, THE NCUA, OR ANY OTHER GOVERNMENTAL AGENCY.

2.2 Redemption Conditions — Platform Use (Default)

For users who have NOT enrolled in the Qixit Redemption Program, Qix Credits™ are redeemable only for Goods and services offered by participating Vendors within the Qixit platform, and may be transferred to other Qixit users, subject to the restrictions of this Service Agreement. Such credits have no cash value and may not be exchanged for legal tender, currency, or any cash-equivalent instrument. This closed-loop redemption structure is the default and applies to the vast majority of Qixit users.

The conversion of Qix Credits to cash value — through check, bank deposit, or gift card — is a separate, opt-in service available only to users who: (a) qualify under the eligibility criteria defined in the Redemption Program Terms; (b) have successfully completed identity verification and W-9 tax information collection; and (c) have been expressly enrolled in the Redemption Program by Qixit. The Redemption Program Terms govern all aspects of cash conversion and control over this Service Agreement with respect to that subject matter.

2.3 Platform Credits — General Exchange

Standard Qixit platform credits (“Qix Credits” or “Qixit Credits” or “Credits”) may generally be used and exchanged for Goods and services offered by any participating Vendor within the Qixit platform, and may be transferred to other participating Qixit users, subject to the restrictions set forth in this Service Agreement.

2.4 Vendor-Issued Credits — Restricted Redemption

Individual Vendors may issue their own promotional credits, reward points, or incentive credits (“Vendor Credits”) through the Qixit platform. Vendor Credits differ from standard Qix Credits™ as follows:

Vendor Credits are redeemable ONLY with the issuing Vendor and may not be used for purchases from other Vendors, transferred to other users, or redeemed for cash under any program
Vendor Credits may carry an expiration date set by the issuing Vendor, after which they become void and have no value
Vendor Credits may be revoked or cancelled by the issuing Vendor at any time, including upon termination of the Vendor’s participation in the Qixit platform, subject to applicable law
Vendor Credits are subject to any additional terms established by the issuing Vendor, which will be disclosed at the time of issuance
Qixit is not responsible for the availability, terms, revocation, or expiration of Vendor Credits; all disputes regarding Vendor Credits must be resolved directly with the issuing Vendor

The type of credit received (standard Qixit Credit or Vendor Credit) and any applicable restrictions will be identified in your account and/or the transaction record. You are responsible for reviewing the terms applicable to each credit type before attempting to redeem them.

2.5 No Property Rights; No Interest

For users not enrolled in the Redemption Program: Credits in your Qixit account do not constitute property, funds, or assets held in trust for you. Qixit does not pay interest on any account balance. Credits have no cash value upon termination of your Account. Qixit reserves the right to modify, limit, or discontinue the credits program at any time upon notice.

For users enrolled in the Redemption Program: The foregoing applies to all credits except those expressly approved for cash conversion under the Redemption Program Terms. Credits approved for conversion and held pending disbursement are governed exclusively by the Redemption Program Terms. Enrollment in the Redemption Program does not convert the entire credit balance to cash — only credits expressly approved for conversion in a given payment period are treated as having cash-conversion value.

2.6 Purchased Communication Credits

Communication credits purchased by you (see Section 8.2) are non-refundable and may not be withdrawn as cash or converted under the Redemption Program. Purchased communication credits may only be used within the Qixit platform to send messages and conduct permitted transactions. This policy prevents use of the Qixit platform as a mechanism for obtaining a cash advance on a credit card or other payment instrument.

3. License Grant, Restrictions and Service Modifications

3.1 License Grant

Subject to your compliance with this Service Agreement, Qixit grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Qixit Service solely through: (a) the Qixit website at qixit.com; and/or (b) the Qixit Client software as licensed under the Software License; in each case solely for the purpose of sending and receiving electronic messages (“Messages”) and Qixit Credits on your own behalf.

You agree to comply with all applicable U.S. and international laws, regulations, and guidelines, including all federal and state laws governing electronic and email marketing.

3.2 General Restrictions

You agree not to:

Use the Qixit Service for any unlawful purpose or any activities relating to gambling, prostitution, pornography, or other prohibited activity
License, sublicense, sell, resell, rent, lease, transfer, assign, or otherwise commercially exploit the Qixit Service
Attempt to gain unauthorized access to the Qixit Service or bypass any access-control measures
Use the Qixit Service to build a competitive product or service, or copy any features or functions of the Qixit Service
Reverse engineer, translate, disassemble, decompile, copy, or create derivative works based on the Qixit Service
Take any action that jeopardizes Qixit’s or its suppliers’ proprietary rights
Impair, interfere with, or disrupt the integrity or performance of the Qixit Service
Scrape, mine, or systematically collect data from the Qixit Service by automated means

3.3 Restricted Transmissions

You agree not to use the Qixit Service to transmit material that is false, misleading, fraudulent, defamatory, harassing, obscene, pornographic, infringing of third-party rights, in violation of applicable securities laws, or that contains malware or harmful code. You also agree not to use the Service for gambling-related payments, unauthorized cash advances, or any purpose that would create liability for Qixit.

3.4 Service Modifications and Maintenance

Qixit may modify, suspend, disable, discontinue, or restrict any portion of the Qixit Service at any time for any reason, with or without notice, including hours of operation, features, suppliers, access procedures, and software commands.

3.5 Data Retention

Qixit is not responsible for maintaining copies of messages, emails, data, or files sent or received via the Qixit Service, beyond the record of Account balances as required by applicable law. You are solely responsible for maintaining your own records.

4. Delivery Charges and Service Fees

4.1 User-Collected Delivery Charges

4.1.1 Delivery Charges Generally

You may configure the Qixit Service to require predetermined Delivery Charges for accepting Messages from other Qixit users. Messages are only delivered if the sender has authorized the applicable Delivery Charge. If insufficient payment is authorized, the Message is blocked and the sender receives a bounce-back notice. You may designate Delivery Charges by advertiser category, user group, or specific Qixit address.

4.1.2 Default Delivery Charges for Individual Users

A Default Delivery Charge applies to messages from any individual Qixit user unless you set a specific charge for that user in your address book. You may modify individual Delivery Charges at any time.

4.1.3 Approved Advertiser Messages

You agree to accept messages from Approved Advertisers (bulk senders accepted by Qixit) with Delivery Charges credited to your Account. Messages are classified by commercial category and you may generally set per-category Delivery Charges. During the ongoing Qixit Beta period, we may restrict modifications to commercial category Delivery Charges for the first 30 days after account activation. For up to one month after account creation, you may receive non-blockable “Welcome Messages” from Approved Advertisers. You may always receive messages from Qixit regarding the Qixit Service without charge.

4.2 Transaction Fees

4.2.1 General

The Transaction Fee is calculated as a percentage of the Delivery Charge and/or credit transferred, as set forth in the Qixit Service Fee Schedule. You agree to pay all applicable fees and taxes. Unpaid amounts may accrue late charges at 1.5% per month (or the maximum rate permitted by law). All fees are non-refundable and are generally deducted at the time of the associated transaction.

4.2.2 Fee Increases

Qixit may increase fees by providing at least fourteen (14) days’ prior written notice before the effective date of any increase.

4.2.3 Advertiser Payment of Fees

If a sender or Approved Advertiser pays the Transaction Fee for a message delivered to your Account, you will not be charged a Transaction Fee for that message.

5. Sending and Receiving Credits and Referral Commissions

5.1 Sending Credits

5.1.1 General

You may use the Qixit Service to transfer Qix Credits to any other Qixit user with a valid Account. All such transfers are subject to the nature and restrictions of the credit type being transferred, as described in Section 2.

5.1.2 Sending Limits

You may only transfer Qix Credits™ up to the total available transferable credit balance in your Account. Vendor Credits (Section 2.4) are not transferable to other users. Qixit may limit transfer amounts based on fraud-prevention factors including account age and transaction history.

5.1.3 Refused Transactions

Recipients are not required to accept Qixit Credit transfers. A recipient may return credits or block transfers from your address. Undelivered credits will be returned to your Account upon: (a) your cancellation; (b) expiration of a delivery time limit; (c) delivery failure; or (d) notice that the recipient has blocked your address.

5.2 Receiving Credits

5.2.1 Receiving Limits

Qixit may limit the amount of credits that can be transferred into your Account based on fraud-prevention factors including account age and transaction history.

5.2.2 Risk of Reversal

Receiving credits does not protect you against a subsequent reversal. Reversals may occur if a buyer files a chargeback with their credit card company or bank. If a transaction is reversed, you are responsible for the reversed amount plus applicable fees. If insufficient credits are in your Account to cover the reversal, you agree to reimburse Qixit through other means.

5.2.3 Returns and Refunds

Qixit may, at its sole discretion, approve a return and refund in response to a buyer’s dispute up to ninety (90) days after a sale. In such cases, the buyer’s account will be credited and amounts credited to your account will be reversed. Any purchase revoked by a buyer’s bank or credit card may also result in chargeback fees per the Qixit Fee Schedule.

5.2.4 Compensation

Qixit shall retain the percentages and charges set forth in the Qixit Fee Schedule. Unpaid amounts accrue late charges at 1.5% per month (or the maximum rate permitted by law). All fees are non-refundable and are generally deducted from your account balance.

5.3 Referral Commissions

5.3.1 Availability

NOTE: Affiliate and referral commissions are not currently available to new users. This Service Agreement will be modified when they become available again.

5.3.2 Qualifying Referrals

A qualifying referral is one where the new account holder: (a) uses your referral code; (b) is a U.S. resident aged 18 or older; and (c) does not already have, nor has previously had, a Qixit account. See also Section 1.2 regarding the prohibition on multiple Accounts and the forfeiture consequences applicable to duplicate Account registrations. Commissions erroneously paid for non-qualifying referrals will be charged back to your account.

5.3.3 Tracking

When someone uses a link containing your referral code, we attempt to set a cookie pre-filling your User ID as the referral code. If the cookie is deleted, overwritten, or manually removed, you will not receive credit. It is your and the new user’s responsibility to ensure the correct referral code is entered at account creation.

5.3.4 Notices and Payments

Referral notices are generally sent to your Qixit account within minutes of the referred account being created. All commission payments are made to your Qixit account with weekly notices of commissions paid.

5.3.5 Commission Schedule

Affiliate and referral commissions are not currently available. Any written commission offers published prior to January 20, 2011 are null and void for accounts created or users referred after that date.

6. Electronic Transfers

6.1 ACH Bank Transfers

If you transfer funds from a bank or credit union account, this will be done electronically via the Automated Clearing House (“ACH”). By authorizing an ACH transfer, you authorize Qixit to make electronic transfers from your bank account in the amount specified, and you acknowledge that such authorization is irrevocable once submitted. Qixit may resubmit any returned ACH debit for collection. You may be charged a fee for returned ACH items.

We may require that your name, address, and other identifying information match the source account, and may require additional identification to set account limits or usage restrictions.

6.2 Funding Source Limitations

Qixit reserves the right to limit your available funding sources at any time and for any reason.

7. Unauthorized Electronic Fund Transfers

You are liable for any unauthorized electronic fund transfer to the fullest extent allowable under applicable federal and state law, including the Electronic Fund Transfer Act and Regulation E. You must notify Qixit immediately upon discovering any unauthorized activity on your Account.

8. Accounting, Withdrawals and Account Management

8.1 Account Balance and Credit Types

Your Account balance is expressed as a point total denominated in U.S. dollars and cents for display convenience. It reflects: platform credits earned from sales of your Goods; communication credits purchased by you; and any refunds received. See Section 2 for a full explanation of the nature of Qix Credits. Purchased communication credits are not available for cash conversion under the Redemption Program.

8.2 Purchased Communication Credits

You may purchase communication credits in increments of $5.00, up to a maximum of $200.00. These credits will be pooled with other credits in your account balance and are governed by Section 2.6.

8.3 Cash Conversion — Redemption Program Only

The conversion of Qix Credits to cash value is available exclusively through the Qixit Redemption Program. The specific eligibility requirements, identity verification procedures, tax reporting obligations, disbursement methods (check, ACH deposit, or qualifying gift card), disbursement fees, and compliance requirements for cash conversion are set forth exclusively in the Redemption Program Terms, which you must separately accept before any cash conversion is processed.

Enrollment in the Redemption Program is not automatic and is not available to all users. Qixit reserves the right to approve, deny, suspend, or revoke Redemption Program enrollment at any time in its sole discretion, subject to applicable law.

8.4 Withdrawal Limits

At our discretion, we may limit withdrawals and require additional information depending on your location, credit history, and other factors. All withdrawal limits and eligibility criteria are specified in the Redemption Program Terms for enrolled users.

8.5 Payment Schedule

Qixit currently processes payments on a quarterly basis. Payment requests must be submitted by the 15th day of January, April, July, or October, and disbursements will be processed by the last business day of that month. For major Vendors with quarterly sales exceeding $1,000, Qixit may, at its sole option, offer alternative payment terms under the Redemption Program.

8.6 Reserves and Return Allowance

Qixit may hold a reserve against future returns, refunds, or reversed charges equal to 10% of your gross sales, calculated on a monthly average during the first year and on a 12-month rolling average thereafter. Qixit may adjust your reserve at any time.

8.7 Quarterly Net Amount Available (QNAA)

The QNAA equals: the available balance at end of the prior quarter, minus any purchases of Goods and/or communication credits since the end of the prior quarter through the payment-processing date, minus any applicable reserve.

Example: If your balance on December 31 is $500, you earn $100 and spend $300 in Q1, your QNAA is $200 ($500 minus $300 in purchases). If you spend $50 more before the check is cut, your QNAA drops to $150.

8.8 Payment Threshold

The minimum payment threshold is $10.00. If your QNAA is below $10.00 on the payment-processing date, no disbursement will be issued. Credits remain in your Account until the next payment period if the threshold is then met.

8.9 Chargebacks and Reversed Sales

If buyers of your Goods file a chargeback with their credit card company or bank, the sale may be reversed and you will be charged a chargeback fee per the Qixit Fee Schedule. Vendors with an abnormally high chargeback rate may incur higher fees. Qixit reserves the right to cancel any Vendor’s account or delist any Goods at any time.

To reduce chargebacks: (a) inform buyers that charges will appear as “QIXIT*COM” on their statements; (b) prominently display your contact information on product and delivery pages; and (c) be generous with direct refunds to buyers’ Qixit accounts.

8.10 Account Closure

You may close your Account at any time. Any closing balance under $10.00 will be forfeited. Closing balances of $10.00 or more will be disbursed subject to the Redemption Program procedures for enrolled users, or will remain available for platform use until exhausted for non-enrolled users.

8.11 Dormant Accounts

Accounts with a positive balance but no earnings for 60 or more days are considered dormant. Dormant accounts are subject to a maintenance fee of $1.00 per quarter, increasing to $10.00 per quarter after 365 consecutive days of inactivity.

8.12 Refund Policies

All sales are final. Any refund guarantee offered by a third-party Vendor must be settled directly with that Vendor. After investigating complaints, Qixit reserves the right to reverse any payment for any reason permitted under this Service Agreement.

9. Account Information and Error Resolution

9.1 Transaction History

You may access your transaction history and account balance through your Qixit software or by logging in at qixit.com.

9.2 Error Notification

If you believe an error has been made on your Account, notify us immediately through our contact page, no later than sixty (60) days after you knew or should have known of the improper activity. Include: (a) your name and account number; (b) a description of the error and why you believe it is an error; and (c) the dollar amount involved.

9.3 Error Resolution Process

We will investigate within 10 business days of receiving your notice. If we require more time, we may take up to 45 days (90 days for new accounts or foreign transactions) and will provisionally credit your Account within 10 business days (20 for new accounts) for the disputed amount. If we determine there was no error, we will provide a written explanation.

9.4 Qixit Liability for Processing Errors

If we discover a processing error, we will correct it. We will be liable for losses directly caused by our failure to complete a transaction correctly, unless: (a) you had insufficient credits through no fault of ours; (b) our system malfunctioned and you knew of the malfunction when you initiated the transaction; or (c) circumstances beyond our control prevented the transaction.

9.5 Regulation E

Our commitments regarding unauthorized transfers, contact information, business days, transfer limitations, fees, transaction history, liability, privacy, and error resolution constitute disclosures under the Electronic Fund Transfer Act and Federal Reserve Board Regulation E, 12 C.F.R. § 205.1 et seq.

10. Termination, Suspension and Survival

10.1 Termination

Qixit may, in its sole discretion, terminate your Account at any time and for any reason (or no reason) upon notice. Upon termination, any credits eligible for cash conversion under the Redemption Program Terms will be disbursed no less than 30 days and no more than 180 days after termination. For non-enrolled users, any closing balance will be handled per Section 8.10.

10.2 Suspension

Qixit may, in its sole discretion, suspend your use of the Qixit Service at any time and for any reason. During any suspension, you may not access or attempt to access the Qixit Service until your suspension is lifted.

10.3 Survival

Termination does not relieve you of obligations to pay amounts due on or prior to the effective date. Sections 4.2.1, 12, 13, 14, 15, 16, and 17 survive termination for any reason.

11. Intellectual Property and Ownership

All right, title, and interest in and to the Qixit Service — including all patents, copyrights, trademarks, trade secrets, and other intellectual property rights — are owned exclusively by Qixit and/or its suppliers. The Qix™ suite is protected by U.S. Patent Nos. 7,873,572; 8,346,660; 8,352,364; 8,799,164; Japan Patent 2007-500953; Indonesia Patent W00 2006 02343; EPO Patent 1721292; RUS Patent 2380754; and additional U.S. and foreign patents pending.

You irrevocably assign to Qixit all right, title, and interest in any suggestions, enhancement requests, recommendations, feedback, or comments you provide to Qixit relating to the Qixit Service.

12. Indemnification

You agree to defend, indemnify, and hold harmless Qixit and its parents, subsidiaries, affiliates, officers, directors, managers, agents, employees, shareholders, suppliers, licensors, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

Your access to or use of the Qixit Service
Any breach of this Service Agreement by you or any user of your Account
Your violation of any applicable law, rule, or regulation
Your infringement or misappropriation of any third-party intellectual property or other rights
Any Goods you sell through the Qixit Service, including claims related to non-delivery, defects, or fraud

13. Disclaimer of Warranties

THE QIXIT SERVICE IS PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9.4 REGARDING PROCESSING ERRORS, QIXIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERROR OR OMISSION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QIXIT DISCLAIMS ALL WARRANTIES — WHETHER EXPRESS, IMPLIED, ORAL, OR WRITTEN — INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. QIXIT FURTHER DISCLAIMS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT.

14. Limitation of Liability

14.1 CONSEQUENTIAL DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QIXIT OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS SERVICE AGREEMENT AND/OR THE QIXIT SERVICE, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR ANTICIPATED SAVINGS.

14.2 AGGREGATE LIABILITY CAP: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QIXIT’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS SERVICE AGREEMENT AND/OR THE QIXIT SERVICE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION DOES NOT APPLY TO PROCESSING ERRORS, WHICH ARE GOVERNED BY SECTION 9.4.

15. Release of Third-Party Claims

In the event of a dispute arising from your use of the Qixit Service with any third party, you release Qixit (and its officers, directors, agents, affiliates, suppliers, and employees) from all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

If you are a California resident, you expressly waive California Civil Code §1542. Whether or not you are a California resident, you waive any law of similar effect in any jurisdiction.

16. Notices

Qixit may give notice by sending a Qixit message to your Qixit address and/or to your last known postal address. Such notice is deemed given and received on the day sent.

You may give notice to Qixit by mail to: General Counsel, Qix Information Technologies LLC, 1333 College Pkwy #160, Gulf Breeze, FL 32563, with a duplicate electronic copy to customerservice@qixit.net.

17. General Provisions

17.1 Entire Agreement

This Service Agreement, together with the Terms of Use, Redemption Program Terms, Software License, Privacy Policy, and Earnings Disclaimer (each incorporated herein by reference), constitutes the complete and final agreement between the parties with respect to the Qixit Service. The Redemption Program Terms control over this Service Agreement with respect to cash conversion of Qix Credits.

17.2 Governing Law and Jurisdiction

This Service Agreement is governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law principles. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly excluded. Subject to Section 17.3, you consent to exclusive jurisdiction and venue in the federal or state courts of Santa Rosa County, Florida. Any cause of action must be commenced within one (1) year after it arises; otherwise it is permanently barred.

17.3 Arbitration, Class Action Waiver, and Jury Trial Waiver

MANDATORY ARBITRATION: ALL CLAIMS ARISING UNDER THIS SERVICE AGREEMENT AND/OR RELATING TO THE QIXIT SERVICE (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION UNDER THE AAA COMMERCIAL ARBITRATION RULES IN SANTA ROSA COUNTY, FLORIDA. A NON-PREVAILING PARTY SHALL REIMBURSE THE PREVAILING PARTY’S REASONABLE LEGAL AND ARBITRATION FEES. ALL PROCEEDINGS ARE CONFIDENTIAL.

CLASS ACTION WAIVER: ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

JURY TRIAL WAIVER: TO THE EXTENT ANY DISPUTE IS PERMITTED IN COURT, YOU AND QIXIT IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL.

17.4 Assignment

You may not assign this Service Agreement without Qixit’s prior written consent. Any purported assignment without consent is null and void. Qixit may freely assign this Service Agreement without restriction.

17.5 Injunctive Relief

You acknowledge that any breach or threatened breach of this Service Agreement may cause irreparable harm to Qixit. Qixit is accordingly entitled to seek injunctive or other equitable relief from a court without the requirement of posting a bond or proving actual damages.

17.6 Severability

If any provision is found to be illegal, unenforceable, or void, it shall be modified to the minimum extent necessary or severed. The remaining provisions shall continue in full force and effect.

17.7 Force Majeure

Qixit shall not be liable for any failure or delay resulting from causes beyond its reasonable control, including acts of God, natural disasters, government actions, war, terrorism, pandemics, labor disputes, internet or infrastructure failures, or cyberattacks.

17.8 No Waiver

Qixit’s failure to enforce any provision shall not constitute a waiver. No waiver is binding upon Qixit unless in writing and signed by Qixit.

17.9 Export Controls and Sanctions Compliance

You agree to comply with all applicable U.S. export control laws and OFAC regulations. You represent that you are not located in, or a national of, any country subject to a U.S. government embargo (including Cuba, Iran, North Korea, and Syria), and are not listed on any U.S. government prohibited or restricted parties list.

17.10 Attorneys’ Fees

In any action to enforce this Service Agreement in which Qixit substantially prevails, you agree to pay Qixit’s reasonable attorneys’ fees, court costs, and other litigation expenses.

Qix Information Technologies LLC • 1333 College Pkwy #160, Gulf Breeze, FL 32563

Qixit Messaging Address: CustomerService • qixit.com • 2waymicropay.com