Terms of Service and End User License Agreement (EULA)

This Terms of Service and End User License Agreement ("Agreement") is a binding legal agreement between you ("End User" or "you") and TENEXAI, LLC ("Company" or "Licensor"). This Agreement governs your use of the TenexAI productivity application (including all related documentation and updates, the "Licensed Application").

1. License Grant

Subject to the terms of this Agreement, Company grants you a limited, non‑exclusive, and non‑transferable license to download, install, and use the Licensed Application for your personal, non‑commercial use on Mac computer(s) owned or controlled by you, strictly in accordance with the Licensed Application's documentation. The Licensed Application is licensed, not sold, to you.

2. License Restrictions

Except as expressly permitted by applicable law or this Agreement, you shall not:

• Copy, modify, translate, adapt, or create derivative works of the Licensed Application.
• Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive the source code of the Licensed Application.
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Licensed Application, or any feature or functionality of the Licensed Application, to any third party for any reason, including by making the Licensed Application available on a network where it is capable of being accessed by more than one device at any time.
• Remove, delete, alter, or obscure any trademark or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Licensed Application, including any copy thereof.
• Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Licensed Application.
• Use the Licensed Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or safety‑critical systems, including medical or life‑support systems, where a failure could lead to death, personal injury, or severe physical or environmental damage.

3. Reservation of Rights

Company reserves and shall retain its entire right, title, and interest in and to the Licensed Application, including all copyrights, trademarks, trade secrets, and other intellectual property rights therein, except as expressly granted to you in this Agreement. The name "10x" is a provisional working title. Company reserves the right to rename or rebrand the Licensed Application at any time. This name grants no implied trademark rights to you or any third party.

4. Future Monetization

The Licensed Application is currently provided to you at no cost. However, Company reserves the right to introduce a subscription fee or other charges for the Licensed Application or certain features at a future date. Company will provide at least thirty (30) days' advance notice to existing End Users prior to implementing any mandatory fees for continued use of the Licensed Application.

Users will never be automatically enrolled in a paid subscription, subjected to a negative option billing plan, or charged without their explicit, affirmative consent. If you do not affirmatively agree to the new fees, your license to use the Licensed Application will terminate, and you must cease all use of and delete the Licensed Application.

5. Privacy and Technical Data Collection

The Licensed Application captures behavioral data locally on your computer, including active application names, window titles, browser domains, and system events. All such behavioral data and AI‑generated insights are stored locally on your device and are not uploaded to Company servers.

However, you agree that Company may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. All information collected is subject to our Privacy Policy, which is incorporated herein by this reference.

6. Geographic Restrictions

The Licensed Application and related services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that access thereto may not be legal by certain persons or in certain countries. If you access the Licensed Application from outside the United States, you are responsible for compliance with local laws.

7. External Services

The Licensed Application may bundle, interface with, or utilize third‑party software, open‑source models (e.g., Ollama), or remote infrastructure services (e.g., Cloudflare, Backblaze) (collectively, "External Services"). Company does not warrant and will not have any liability or responsibility to you or any other person or entity for any External Services. External Services are provided solely as a convenience to you, and you access and use them entirely at your own risk.

The Licensed Application utilizes the Ollama inference engine, which is distributed under the MIT License. When the Licensed Application downloads AI models or other open‑source components, their respective upstream licenses govern your use. You agree to comply with all applicable third‑party agreements.

8. Updates

Company may from time to time in its sole discretion develop and provide Licensed Application updates, which may include upgrades, bug fixes, patches, and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

You shall promptly download and install all Updates and acknowledge and agree that the Licensed Application may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Licensed Application and be subject to all terms and conditions of this Agreement.

9. Remote Configuration and Disablement

The Licensed Application periodically connects to Company infrastructure to retrieve signed configuration data. This data includes minimum version requirements, security notices, and temporary service restrictions.

If your version falls below the required minimum, if we temporarily disable the application for security reasons, or if the application fails to fetch a configuration update for ninety (90) days, the Licensed Application may limit, suspend, or disable its own functionality. You agree that Company is not liable for any disruption or data unavailability caused by these security and configuration measures.

10. Term and Termination

This Agreement commences upon your installation of the Licensed Application and continues until terminated. You may terminate this Agreement at any time by deleting the Licensed Application from your computer. Company may terminate this Agreement immediately and without notice if you violate any terms herein.

Upon termination, all rights granted to you will terminate, and you must cease all use of and delete all copies of the Licensed Application. Termination will not limit any of Company's rights or remedies at law or in equity.

11. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.

BECAUSE THE LICENSED APPLICATION CAPTURES WINDOW TITLES AND BROWSER DOMAINS, IT MAY INCIDENTALLY CAPTURE SENSITIVE INFORMATION (E.G., FINANCIAL, HEALTH, OR LEGAL CONTENT). YOU AGREE TO USE THE LICENSED APPLICATION ONLY IN ENVIRONMENTS WHERE SUCH CAPTURE IS APPROPRIATE.

YOU ACKNOWLEDGE THAT ALL INSIGHTS, SUMMARIES, AND PRODUCTIVITY ANALYSES PROVIDED BY THE LICENSED APPLICATION ARE GENERATED BY A SYNTHETIC SYSTEM. ANY AI‑GENERATED INSIGHTS, SUMMARIES, OR ANALYSES PROVIDED BY THE LICENSED APPLICATION ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL, LEGAL, FINANCIAL, OR MEDICAL ADVICE. YOU SHOULD NOT RELY ON THE LICENSED APPLICATION FOR MAKING CRITICAL BUSINESS, FINANCIAL, OR LEGAL DECISIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR‑FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

In no event shall Licensor's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

13. Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Licensed Application or your breach of this Agreement.

14. Export Regulation

You may not use or otherwise export or re‑export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re‑exported (a) into any U.S.‑embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.

By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

15. U.S. Government Rights

The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202‑1 through 227.7202‑4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished‑rights reserved under the copyright laws of the United States.

16. Apple Ecosystem Terms

If you use the Licensed Application on an Apple‑branded product, you acknowledge this Agreement is between you and Company, not Apple. Apple has no obligation to provide maintenance or support. Apple is not responsible for warranties, product claims, or intellectual property infringement claims related to the Licensed Application. Apple and its subsidiaries are third‑party beneficiaries of this Agreement and can enforce it against you.

17. Miscellaneous

Changes to Terms

Company reserves the right to modify this Agreement at any time in its sole discretion. If we make material changes, we will provide notice. Your continued use of the Licensed Application following the posting of revised Terms means that you accept and agree to the changes.

Governing Law and Jurisdiction

This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the federal or state courts located in New York, New York.

Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE LICENSED APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

Waiver and Conflict

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable other terms, the terms of this Agreement shall govern.

Entire Agreement

This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Licensed Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Licensed Application.

Contact Information

If you have any questions, feedback, or need technical support regarding the Licensed Application, please contact us at support@10exai.com.