Terms of Service

1. Agreement to these Terms

Axiom ("Axiom," the "Service," "we," "us," or "our") is a remote-access and remote-display software product based in the State of New York, United States. Throughout these documents, "you" and "your" refer to the individual or entity that accesses or uses Axiom.

These Terms of Service (the "Terms") are a legally binding agreement between you and Axiom and govern your access to and use of the Axiom software, applications, websites, and related services (collectively, the "Service"). By downloading, installing, accessing, or using the Service — or by clicking "I agree," creating an account, or joining the waitlist — you agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and our Cookie Policy, each of which is incorporated here by reference.

If you do not agree to these Terms, do not download, install, access, or use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

2. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Service. The Service is not directed to, and may not be used by, anyone under 18. By using the Service, you represent and warrant that you meet these requirements and that your use of the Service does not violate any applicable law or regulation.

3. What the Service is

Axiom is a general-purpose tool that lets you view and control a computer or device remotely, and that streams video, audio, input, and related data between devices you connect. The Service can be used for productivity, remote work, remote gaming, IT support, and similar purposes.

Axiom is a neutral technology tool. Like a telephone, a web browser, or any general-purpose networking software, it can be used for many purposes. We do not control, monitor, direct, or take responsibility for how you or anyone else uses the Service, or for the devices, networks, content, or data you access through it. Section 8 (Authorized Access Only) and Section 13 (Disclaimer of Usage) describe your responsibilities and the limits of ours.

4. Early access and changes to the Service

The Service is currently offered on an early-access / beta basis. It may contain bugs, errors, and instabilities, may change substantially, and may be modified, suspended, or discontinued (in whole or in part) at any time, with or without notice. Early-access features are provided "as is" and may be less reliable than a general-availability release.

5. Your account and security

Some features require an account, which is provided through our authentication provider. You are responsible for (a) providing accurate account information, (b) safeguarding your credentials, device IDs, connection passwords, and authentication factors, and (c) all activity that occurs under your account or your devices. You must notify us promptly at Showersafes@gmail.com if you suspect any unauthorized access or use. We are not liable for any loss arising from your failure to keep your credentials secure.

6. License to use the software

Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use the Axiom software for your personal or internal business use. All rights not expressly granted are reserved.

You shall not, and shall not permit any third party to:

• rent, lease, lend, sell, redistribute, host as a service, or sublicense the Service or any part of it, except as we expressly permit in writing;
• modify, adapt, translate, or create derivative works of the Service;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the extent this restriction is prohibited by applicable law;
• remove, alter, or obscure any copyright, trademark, or other proprietary-rights notice;
• circumvent, disable, or interfere with security, licensing, rate-limiting, or authentication features; or
• use the Service in any manner that violates these Terms, the Acceptable Use Policy, or any applicable law or regulation.

7. Third-party services

The Service relies on third-party providers for functions such as authentication, payment processing, analytics, hosting, and network relay (for example, TURN/STUN relay servers). Your use of those functions may also be subject to the providers' own terms and privacy policies. We are not responsible for third-party services, and their availability is outside our control.

8. Authorized access only — your core responsibility

This is the most important obligation in these Terms. Read it carefully.

You may use the Service only to access or control (a) devices that you own or lawfully possess, or (b) devices for which you have the express, informed, and current authorization of the device's owner and of any person whose data or privacy may be affected. You are solely responsible for obtaining and maintaining all necessary rights, consents, licenses, and permissions before connecting to any device.

You must not use the Service to gain or attempt to gain unauthorized access to any device, account, network, or data; to conduct hidden or covert surveillance; to install or operate the Service on a person's device without their knowledge and consent; or in any way that violates the privacy, security, or legal rights of others. Your use of the Service must at all times comply with our Acceptable Use Policy, which is incorporated into these Terms, and with all applicable laws, including computer-misuse, wiretapping, surveillance, consumer-protection, and data-protection laws.

We may, but are not obligated to, investigate and take action (including suspension or termination and cooperation with law enforcement) in response to suspected violations. You are responsible for your use of the Service even if we do not act.

9. Payments, subscriptions, and refunds

Some parts of the Service are or may become paid. If you purchase a paid plan, you authorize us and our payment processor to charge the payment method you provide for all applicable fees and taxes. Unless required by law or expressly stated otherwise at the point of sale, fees are non-refundable. Subscriptions renew automatically for successive periods until cancelled; you may cancel at any time, effective at the end of the then-current billing period. We may change prices prospectively; changes do not affect the current paid period. You are responsible for all taxes other than taxes based on our net income.

10. Intellectual property

The Service, including all software, code, designs, text, graphics, logos, and the Axiom name and marks, is owned by Axiom and its licensors and is protected by intellectual-property laws. These Terms do not transfer any ownership rights to you. You retain ownership of the data and content you transmit through the Service; you grant us only the limited rights necessary to operate, secure, and provide the Service to you.

11. Feedback

If you send us suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation or compensation to you.

12. Privacy

Our Privacy Policy explains what information we collect and how we handle it, and our Cookie Policy explains our use of cookies and similar technologies. By using the Service you acknowledge those practices.

13. Disclaimer of usage — the Service is a tool

Axiom, being remote-access and remote-control software, can facilitate a wide range of activities, both legitimate and otherwise. It is a tool and does not inherently endorse, encourage, or condone any specific use. We do not monitor, screen, or exercise editorial control over the sessions, devices, content, or conduct of users. To the maximum extent permitted by law, we expressly disclaim any responsibility or liability for any damages, losses, or consequences arising from any use or misuse of the Service by you or any third party, including any unauthorized access, surveillance, data loss, or unlawful activity. You are solely responsible for your use of the Service and for ensuring that your use is lawful and authorized. This Section is in addition to, and does not limit, Sections 14 (Disclaimers), 15 (Limitation of Liability), and 16 (Indemnification).

14. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by law, we and our licensors and suppliers disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components, that defects will be corrected, or that the Service will meet your requirements. Any material downloaded or otherwise obtained through the Service is accessed at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AXIOM OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). These limitations apply even if a remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. In such cases our liability is limited to the maximum extent permitted by law.

16. Indemnification

You will defend, indemnify, and hold harmless Axiom and its affiliates, licensors, and their respective officers, agents, and employees from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms or the Acceptable Use Policy; (c) your violation of any law or the rights of any third party, including any unauthorized access to, surveillance of, or interference with any device, person, or data; or (d) any content or data you transmit through the Service.

17. Suspension and termination

These Terms remain in effect while you use the Service. We may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms or the Acceptable Use Policy, if required to protect the Service or others, or to comply with law. You may stop using the Service at any time. Upon termination, your license ends and you must cease all use and destroy any copies of the software in your control. Sections that by their nature should survive termination (including Sections 10, 13, 14, 15, 16, 18, 20, and 21) will survive.

18. Export controls and sanctions

The Service may be subject to U.S. and other export-control and sanctions laws. You represent that you are not located in, and are not a national or resident of, any country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list. You will not export, re-export, or use the Service in violation of applicable export-control or sanctions laws.

19. High-risk uses excluded

The Service is not designed or intended for use in hazardous or high-risk environments requiring fail-safe performance, such as the operation of nuclear facilities, aircraft navigation or communication systems, air-traffic control, life-support or medical devices, or weapons systems, in which the failure of the Service could lead directly to death, personal injury, or severe physical or environmental damage. You must not use the Service for any such purpose.

20. Copyright / DMCA

We respond to notices of alleged copyright infringement as described in our DMCA & Copyright Policy. If you believe content transmitted through the Service infringes your copyright, please follow the process described there.

21. Governing law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of New York, United States of America, without regard to its conflict-of-laws principles, and (subject to the arbitration provision below) the state and federal courts located in New York County, New York have exclusive jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

22. Dispute resolution — binding arbitration and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Informal resolution first

Before starting any arbitration, you agree to first try to resolve the dispute informally by contacting us at Showersafes@gmail.com and giving us at least 30 days to resolve it. If we cannot resolve it, either party may begin arbitration as described below.

Binding arbitration

Except for the matters listed below, any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration administered by a nationally recognized arbitration provider under its consumer arbitration rules, rather than in court. The arbitration will take place in New York County, New York, or by video or telephone, or (for claims under the applicable small-claims threshold) may be brought in small-claims court. The arbitrator will decide the dispute and may award the same damages and relief as a court, subject to these Terms. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action and jury-trial waiver

You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You and we waive any right to a jury trial. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in court.

Exceptions

Nothing in this Section prevents either party from (a) bringing an individual claim in small-claims court, or (b) seeking injunctive or equitable relief in court to stop unauthorized use, or infringement or misuse of intellectual property.

30-day right to opt out

You may opt out of this arbitration agreement by emailing Showersafes@gmail.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

23. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service.

24. Miscellaneous

• Entire agreement. These Terms, together with the policies incorporated by reference, are the entire agreement between you and us regarding the Service and supersede all prior understandings.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be enforced to the maximum extent permitted.
• No waiver. Our failure to enforce any right or provision is not a waiver of it.
• Assignment. You may not assign these Terms without our prior written consent; we may assign them freely, including in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.
• No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.
• Relationship. These Terms do not create any partnership, joint venture, agency, or employment relationship.
• Notices. We may provide notices to you by email, through the Service, or by posting on the website; you may contact us at the email below.

25. Contact

Questions about these Terms? Contact us at Showersafes@gmail.com. General information about Axiom is available at https://www.axiomremote.com.