Terms of Use

Xaris Technology, Inc. Terms of Use

Effective Date: November 18, 2025

1. Acceptance of Terms

By accessing or using the websites located at xaristechnology.com, xaristech.com, xaris.io, and any associated subdomains, mobile applications, or services (collectively, the “Service”), you agree to be bound by these Terms of Use (“Terms”) and all applicable laws and regulations. If you do not agree, you must immediately cease using the Service.

“We,” “us,” and “our” refer to Xaris Technology, Inc., a New Jersey corporation with its principal place of business in Sandpoint, Idaho. “You” and “your” refer to the individual or entity using the Service.

2. Changes to Terms

We may revise these Terms at any time. Material changes will be posted on the Service with an updated Effective Date and, where feasible, notified by email or a banner. Your continued use after the new Effective Date constitutes acceptance of the revised Terms.

3. Privacy

Your privacy is important to us. Please review our Privacy Policy at https://xaris.io/privacy_policy, which is incorporated into these Terms by reference.

4. Eligibility

You must be at least 13 years of age to use the Service. If you are under 18 (or the age of majority in your jurisdiction), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

5. User Accounts

5.1 Some features require an account. You must provide accurate, current, and complete information and keep it updated. 5.2 You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. 5.3 Notify us immediately at [email protected] of any unauthorized use. 5.4 We may suspend or terminate accounts at any time, with or without notice, for any reason or no reason.

6. Intellectual Property

6.1 The Service and all content, features, and functionality are owned by Xaris Technology, Inc. or its licensors and protected by U.S. and international intellectual property laws. 6.2 We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for personal or internal business purposes only.

7. User Content (If Applicable)

7.1 You retain ownership of content you submit (“User Content”). 7.2 By submitting User Content, you grant us a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, distribute, display, and create derivative works of it in connection with the Service and our business.

8. Prohibited Conduct

You agree not to (among other things):

• Violate any law or regulation

• Infringe intellectual property or other rights

• Transmit malware or harmful code

• Scrape, crawl, or use automated systems without written permission

• Interfere with the Service

• Impersonate others or engage in competitive data gathering

9. Third-Party Links and Services

We are not responsible for third-party websites or services linked from the Service. You access them at your own risk.

10. Termination

We may suspend or terminate your access at any time, without notice or liability, for any reason.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XARIS TECHNOLOGY, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR DATA). OUR TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF (A) US$100 OR (B) AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. These limitations do not apply to liability that cannot be limited or excluded under applicable law (e.g., gross negligence, willful misconduct, fraud, or death/personal injury).

13. Indemnification

You agree to defend, indemnify, and hold harmless Xaris Technology, Inc., its affiliates, officers, directors, employees, and agents from any claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your User Content, or your violation of these Terms.

14. Dispute Resolution and Arbitration

14.1 Governing Law These Terms are governed by the laws of the State of New Jersey, without regard to conflict of law principles.

14.2 Mandatory Individual Arbitration Except for disputes that qualify for small-claims court, all disputes arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect.

14.3 No Class Actions You and Xaris Technology, Inc. agree that disputes may only be brought on an individual basis and not as a plaintiff or class member in any class, consolidated, or representative action.

14.4 Location Arbitration will be conducted in Bonner County, Idaho (closest venue to our principal place of business), or by video/telephone if the AAA rules and parties agree.

14.5 30-Day Opt-Out Right You may opt out of arbitration by sending written notice within 30 days of first accepting these Terms to: Xaris Technology, Inc. Legal Department P.O. Box 1234, Sandpoint, ID 83864 or [email protected]

15. Miscellaneous

• Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement.

• Severability, No Waiver, Assignment (we may assign; you may not without consent), Force Majeure, and Export Compliance clauses apply as standard.

16. DMCA / Copyright Policy

To report copyright infringement, follow our DMCA policy at https://xaris.io/dmca.

17. Contact Information

Xaris Technology, Inc. P.O. Box 1307 Sandpoint, ID 83864 Email: [email protected]

© 2025 Xaris Technology, Inc. All rights reserved.