Bubo Defense Terms of Service (TOS)

Bubo Assist / BuboDefense Inc. (“Bubo”), a Texas incorporated company located in Orlando, FL, provides users with an AI enhancement service (the “Service”) pursuant to the terms and conditions set forth below (the “ToS”). By accepting these ToS, you enter into a legally binding agreement with Bubo Defense Inc. (“Agreement”) and agree to respect the ToS and be bound by the Agreement.

Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Texas, as if the Agreement was a contract wholly entered into and wholly performed within the State of Texas. You agree that any action to enforce this agreement or any matter relating to Your use of the Service must be brought exclusively in the United States District Court for the Northern District of Texas, or if there is no jurisdiction in such court, then in a state court in Collin County, State of Texas.

DESCRIPTION OF SERVICE

Bubo Defense provides an AI enhancement service (the “Service”). Depending on your domain’s configuration, this service can be used to process inbound, outbound and internal emails. Processing includes but is not limited to: blocking, deleting, altering emails and their content, and filing them intelligently in the customer-defined selected cloud storage service. The intention is to provide clients with a tool that may be useful in enabling security, monitoring, policy and enhancement of client organization email services. mxHERO shall not access, use or copy any client data, but will keep a log of accesses and attempted accesses for audit, compliance and/or cloud-assurance needs.

PERFORMANCE AND UP-TIME

Given Bubo Defense is the North American distributor for mxHERO, the product leverages Amazon Web Services (AWS) EC2 cloud Platform as a Service (PaaS) for hosting architecture supported by Amazon Web Services (AWS) infrastructure including redundancy instances. As such, mxHERO will use commercially reasonable efforts to ensure up-time performance available with an Instance-Level Uptime Percentage of at least 99.5%, in each case during any monthly billing cycle (the “Instance-Level SLA”). Historical averages regarding uptime performance indicate greater than 99.5% up-time performance (e.g. 99.99% performance) based on historical performance. mxHERO is not-responsible for AWS infrastructure outages or outages which may be the result of force majeure events outside of mxHERO control. To preclude client email processing impacts, mxHERO is designed to ‘repeat’ email processing for a period of n=10 minutes during any processing event failure. If after ten (10) minutes mxHERO is unable to invoke processing rules against an inbound, at-rest or outbound email payload, mxHERO revokes the rule-based processing via Mail2Cloud allowing email to flow uninterrupted for mxHERO customers. Upon service restoration, mxHERO then pre-processes any emails for the event period and continues with normal processing. This ‘failover’ approach ensures that mxHERO will not cause an email processing outage for customers. mxHERO maintenance windows and up-time performance are available in real-time for customers via: status.mxhero.com

Customers may ‘subscribe’ to the above status.mxhero.com link to receive proactive notifications in the event of scheduled maintenance and/or outages as may apply.

CHANGES TO ToS

Bubo Defense and our partners may from time to time change the ToS and will make any updated or additional terms available to you through the Service. A notice of change to ToS will be posted on the Bubo Defense web site at least 30 days before new ToS will become effective. You agree that your continued use of the Service after the date on which the new ToS has become effective is to be regarded as an acceptance of the new ToS.

CHANGES TO SERVICE

Bubo Defense may at any time augment or enhance the Service with new features, with or without prior notice, provided that this will not adversely affect your use of the service.

TERM AND TERMINATION

If you have acquired services through an authorized reseller, please refer to the term and termination conditions provided by your reseller. The following text applies to you only if you are receiving service directly from Bubo Defense.

The Service is provided as a subscription based service. The initial length of the subscription period is chosen after the Trial Period and represents the term of the Agreement (“Term”). You may terminate the Agreement during the Trial Period, as described in “TRIAL PERIOD, FEE, AND PAYMENT”.

In order to maintain access to the Service, the subscription must be renewed before the expiry of the then-current subscription period, in which case the Term shall be extended accordingly. You may terminate the Agreement by not renewing the subscription to the Service. You shall not be entitled to claim any refund or compensation upon the expiry of the Term.

You may terminate the Agreement and claim refund of the subscription fee for the remainder of the then-current subscription period if Bubo Defense materially breaches its obligations pursuant to this Agreement and fails to remedy such breach within 30 days after you notify Bubo Defense of such material breach.

Additionally, you may terminate the Agreement if Bubo Defense materially changes the Service or the ToS according to “CHANGES TO ToS”. Your notice of termination in such cases shall be sent to mxHERO within 30 days of the notice of changes of ToS or Privacy Policy. Bubo Defense will provide you with a refund in respect of the remaining period of the term.

Bubo Defense may terminate the Agreement with 30 days prior notice. Upon such termination, you may be entitled to a refund corresponding to the then-remaining period of the Term. Whether you are entitled to a refund or not will be stated in the termination notice.

Bubo Defense may terminate the Agreement immediately with written notice if you materially breach the provisions of this Agreement. You shall not be entitled to claim any refund or compensation if Bubo Defense terminates the Agreement as a result of your material breach of the terms of the Agreement. Additionally, Bubo Defense is entitled to seek compensation for any damages as a result of your breach of the provisions of the Agreement, provided that Bubo Defense has mitigated its loss and produces evidence of such damages.

Upon termination of the Agreement or upon non-renewal of the subscription your access to the Service will be closed and all stored data will be subject to deletion.

FEE, AND PAYMENT

If you have acquired Bubo Defense services through an authorized reseller, please refer to the fees and payment conditions provided by your reseller. The following text applies to you only if you are receiving service directly from Bubo Defense.

The subscription fee for the Service is provided on the Bubo Defense website. Bubo Defense may at any time modify the subscription fees by updating the price plans on the Bubo Defense website. The modified fees shall only apply to you if you decide to renew the subscription to the Service.

LIMIT; STORAGE SPACE; OUTAGES

mxHERO has set no fixed upper limit on the number of messages you may send or receive through its Service. However, mxHERO retains the right, at mxHERO’s sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our Service and to protect our computer systems. If this is the case, mxHERO shall provide 30 days notice in writing, and you shall have the right to terminate in accordance with “TERM AND TERMINATION”.

mxHERO’s electronic mail service is subject to scheduled and unscheduled maintenance with indications available via subscription at: status.mxhero.com

MONITORING; RESTRICTION OF TRANSMISSIONS

You agree not to resell the Service, without the prior express written consent of Bubo Defense. Bubo Defense will not monitor, edit or disclose the contents of your private communications with third parties unless required to do so by law or in the good faith belief that such action is necessary, following an opinion from Bubo Defense’s legal advisors, to: (i) conform to the law or comply with legal process served on Bubo Defense; (ii) protect and defend the rights or property of Bubo Defense or its customers; or (iii) act under exigent circumstances to protect the personal safety of our customers or the public. You agree that Bubo Defense shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict the transmission of material that it or any user of Service considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

USER CONDUCT

You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Bubo Defense, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Bubo Defense does not access nor store any content except to the extent necessary to provide the service. Furthermore, Bubo Defense does not endorse or control the Content transmitted or posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You agree not to use the Service to violate these Terms of Use or to otherwise engage in or assist or encourage others to engage in improper, questionable, infringing, illegal, harassing or abusive conduct, including, without limitation, using the Service to:

upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, in our sole discretion;

harm minors in any way;

transmit the same message multiple times, or to an overly large number of recipients;

use “robots” or otherwise gaining access to any person’s email address for the purposes of sending unsolicited or unauthorized material;

upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary rights of any party;

upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas of the Service that are designated for such purpose;

upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

intentionally or unintentionally, violate any applicable local, state, national or international law, including, but not limited to, the CAN SPAM Act and any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites;

Distribute or otherwise publish approval, any material containing any solicitation of funds, promotion, advertising or solicitation of goods or service; or

engage in any other questionable marketing or promotional behavior.

Bubo Defense may investigate any and all suspected violations of the above, including reviewing your account activity. You acknowledge and agree that Bubo Defense without notice, in its sole discretion, may suspend, modify or terminate your Service if your conduct is found, in Bubo Defense’s sole estimation, to be unlawful, inconsistent with, or in violation of, these Terms of Use or any other Bubo Defense terms, conditions, rules and/or policies. Bubo Defense may also engage in legal action against you and may cooperate with law enforcement agencies, including international agencies, to prosecute users involved in violations of the above, whereby such violations may constitute a violation of certain federal and state laws, including, but not limited to the Federal Computer Fraud and Abuse Act.

Bubo Defense may also engage in the following to stop spam activity:

Allow our users to flag messages as spam, and using that data to block certain senders from our network;

Scanning incoming and outgoing messages through an anti-spam engine;

Limiting the number of outgoing messages that a user can send in a fixed period of time; and

Employing a number of global filters that block spam at the perimeter.

You acknowledge that any Content contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to you through use of the Service by Bubo Defense, Bubo Defense’s advertisers, or other Bubo Defense users may be protected by copyrights, trademarks, patents or other proprietary rights and laws; therefore, you are only permitted to use this protected Content as expressly authorized by the owner of the Content (the “Owner”), Bubo Defense or the advertiser. You may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Owner, the Bubo Defense or the advertiser.

Bubo Defense welcomes and appreciates assistance in addressing the problem of spam. This will result in our investigation and potential blocking of the sender of the offending message. Anyone that has received an unwanted spam message from an address that appears to be originating from Bubo Defense should report the situation to Bubo Defense immediately at: contact@bubodefense.com

Bubo Defense will investigate and immediately suspend the sender’s account if we determine the complaint to be legitimate at customer request.