Agent Terms of Use

Kodex, Inc. (referred to as “Kodex”, “we”, “our”, or “us”) offers a proprietary web-based software-as-a-service application and other services (“Kodex Platform”) to registered users who are employed by or acting on behalf of a government agency or office, law enforcement entity, or other third party who accesses the Services to submit or respond to legal requests (“Agents”). Kodex verifies Agent identities, prevents fraud, and facilitates trusted exchanges of legal process between Agents and Providers. These Terms of Use (referred to as “Terms of Use” or “Agreement”) also govern your access and use of the Kodex website located at kodexglobal.com, kodex.us, and certain other sites operated by Kodex and your use of the Kodex Platform (collectively, the “Services”). You and Kodex are each sometimes referred to herein as a “Party.”

Use of the Services by U.S. Government Users shall also be governed by the terms of the U.S. Government-Specific Terms section, which terms shall prevail in the event of any conflict with any other section in this Agreement for such U.S. Government Users.

• “Agent Data” means all data and information relating to an Agent in their professional or personal capacity that may be collected in order to verify an Agent or as part of your use of the Services, including any information, documents, questions, notes, plans, drawings, proposals, graphics, text, information, links, profiles, personal information, name, likeness, audio, photos, software, music, sounds, video, comments, messages, posts, tags or similar materials (including all such metadata and derived data) you provide to Kodex as part of your use of the Kodex Platform, excluding Productions or Legal Process Data. Agent Data includes “Agent Verification Data” and “Usage Data.”
• “Agent Services” means current or future offerings that Kodex makes available through the Services to Agents, excluding direct transmission of Legal Process Data to a Provider.
• “Agent Verification Data” means government identification, credentials, affiliations, or other data used to establish and verify your affiliation and use of the Services.
• “Direct Submissions” means the Services feature that enables an Agent to submit Legal Process Data directly to a single Provider.
• “Legal Process Data” includes the content contained within or associated with legal process (including but not limited to subpoenas, summons, warrants, orders, etc.).
• “Productions” means: Any and all responses thereto submitted by Providers through the Services.
• “Provider” means (i) Kodex’s enterprise customer(s) or (ii) authorized recipient of Legal Process Data, and in the cases of both (i) and (ii), their authorized users to whom Agents may submit Legal Process Data and who may respond with Productions through the Services.
• “U.S. Government” means a U.S. federal, U.S. state, or U.S. local government entity.
• “U.S. Government User” means an Agent operating on behalf of the U.S. Government.
• “Usage Data” means logs, metrics, analytics, statistics, or other data related to an Agent’s use of the Services.

2.1 Your use of the Services constitutes your acceptance of these Terms of Use. Kodex reserves the right to change, modify, add to, or remove portions of these Terms of Use in its sole discretion. Any modification shall be effective immediately upon the uploading of a modified Terms of Use as reflected in the “Last Updated” date contained above. Kodex will use reasonable efforts to provide you with notice of any material change to these Terms of Use, which may include notifying you via email or by posting a notice on the Services. Your continued use of the Services after modified Terms of Use have been posted constitute your acceptance. If the modified Terms of Use are not acceptable to you, your sole recourse is to discontinue your use of the Services.

2.2 Use of the Service does not alter, impact, or abrogate the rights of Kodex Providers to seek reimbursement, directly or through an authorized third party (including Kodex), for costs to respond to a Production to the extent permitted by law. Reimbursement requests or invoices presented through the Services are submitted on behalf of, and at the sole direction of, the applicable Provider. Kodex does not independently determine reimbursement rates, fees, or eligibility. Use of the Service does not independently create an obligation or commitment to reimburse for these costs.

2.3 BY USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND ACKNOWLEDGE THE KODEX PRIVACY POLICY (“PRIVACY POLICY”).

3.1 The Services are available to verified, registered users. We may impose and amend eligibility and verification requirements and rules from time to time.

3.2 By using the Services, you represent and warrant that you are presently employed by and authorized to engage with Kodex on behalf of a government agency or office, law enforcement entity, or other third party who accesses the Services to submit or respond to legal requests.

3.3 You are not eligible to use the Services if doing so would violate any law or regulation, including but not limited to U.S. criminal evidence statutes, the Privacy Act, export controls, sanctions, or other restrictions. It is your sole responsibility to determine your eligibility to use the Services.

3.4 You must be over the age of 18 to register an account or use the Services. By registering an account, you represent that you meet this minimum age requirement.

4.1 Subject to the terms of this Agreement, we hereby grant you a limited, terminable, non-sublicensable, non-transferable, non-exclusive right to: (1) access and use the features of Services that is intended for public display; and/or (2) access and use the Services as a registered Agent or user. Any rights not explicitly granted in this Agreement are strictly withheld and reserved by us. Any access or attempt to access or use the Services for any unauthorized or illegal purpose, including any purposes not expressly granted by this Agreement, is strictly prohibited.

4.2 You agree that (i) you will not copy or distribute any part of the Services in any medium without our prior written authorization; (ii) you will not alter or modify any part of the Services other than as is necessary to use Services for their intended purposes; and (iii) you will at all times comply with (a) this Agreement and (b) all applicable laws, regulations, directives, orders, and other legal requirements.

4.3 We shall have no obligation to support your use of the Services in the event that: (i) you modify the Services (or any component thereof) without our prior written consent; (ii) you experience any error caused in whole or in part by persons other than us (including without limitation, your failure to properly enter, transmit or receive data); (iii) you experience any error caused in whole or in part by your use of Services in association with operating environments and platforms other than those that we support; or (iv) you use the Services in a manner that violates applicable laws, regulations, directives, orders, and other legal requirements.

4.4 To the extent that the Services incorporate any third-party products or links, then, in addition to the terms set forth herein, you must comply with any additional terms, restrictions or limitations applicable to such third-party products. We have the right to subcontract performance of hosting and other services, in which event the service levels provided by the applicable third-party providers will be incorporated herein by reference.

4.5 You shall procure, install and maintain all client-side equipment, data plans, internet connections and other hardware necessary for you to connect to and access the Services. We are not responsible for equipment defects, lack of service, or other issues arising from third party services or equipment. You are responsible for all applicable data plan fees, subscription charges or other fees of any kind whatsoever that may be required by your carrier in order to access the Services.

4.6 You must not use any part of the content on our Services for commercial purposes without obtaining a license to do so from us.

4.7 Kodex does not guarantee any response by relevant Providers, nor is Kodex responsible for any communications between you and Providers. You are solely responsible for communicating with relevant Providers to ensure completion of any legal process.

4.8 Please note that we make commercially reasonable efforts to transmit encrypted data through the Services, but no method of transmission is 100% secure.

4.9 You understand that the Services are not intended to provide legal advice and should NOT be construed as offering such advice.

5.1 In connection with your use of the site or the Services, you agree that you will not violate any law, regulation, directives, orders, and other legal requirements which may be applicable to you or to the data or Productions you request, provide, transmit, or receive through the Services.

5.2 You agree that you will not distribute, upload, make available or otherwise publish through Services any Legal Process Data, Productions or Agent Data that: (i) are unlawful or encourage or induce another to engage in anything unlawful; (ii) contain a virus or any other similar malicious software that may damage the operation of our or another’s computers (iii) infringe upon any copyright, patent, trademark, trade secret, right of privacy, right of publicity or other right of any person or entity; (iv) are false, inaccurate, fraudulent or misleading; or (v) are libelous, defamatory, obscene, inappropriate, abusing, harassing, threatening or bullying.

5.3 You agree that you will not: (i) modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Services; (ii) interfere with or disrupt the operation of the Services, including restricting or inhibiting any other person from using the same by means of hacking or defacing; (iii) transmit to or make available in connection with the Services any denial-of-service attack, virus, worm, Trojan horse or other harmful code or activity; (iv) attempt to probe, scan or test the vulnerability of the Services, or breach our security or authentication measures; (v) take any action that imposes an unreasonable or disproportionately large load on our infrastructure, as determined in our sole discretion; (vi) harvest or collect the email addresses or other personal data of other users of the Services without written permission from Kodex; (vii) submit or post false, incomplete, or misleading information, or otherwise provide such information to us; or (viii) impersonate any other person, entity, business, or governmental entity.

5.4 You will not engage in text or data mining, or web scraping. This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us. You shall not conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to our Services. This includes using (or permitting, authorizing or attempting the use of): (i) any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same; (ii) any automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations; and (iii) the provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

5.5 You agree that you are not licensed or permitted to access any portion of the Services that we have not made public or the Services that is not accessible to Agents (whether registered or not), and you may not attempt to override any security measures we have in place.

5.6 Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Services shall not be limited to violations of this Restrictions section.

6.1 Rights. By providing or transmitting any Legal Process Data, Productions, or Agent Data to us, you hereby agree, warrant and represent that: (a) your provision of all such data does not violate any third party’s rights (including without limitation, any target of any investigation); (b) you have the appropriate rights and authority under all applicable laws and regulations to provide, transmit, and receive any such data via the Services; (c) all such data are accurate and true; and (d) you are not entitled to compensation or attribution from us.

6.2 Licenses.

a) Direct Submissions. To the extent your use of the Services is limited solely to Direct Submissions, you hereby (i) acknowledge that you have all rights and authorities to direct Kodex in any processing of Legal Process Data in accordance with the Terms of this Agreement that you maintain, upload, submit, or transmit through the Services; and (ii) grant us a limited non-exclusive, worldwide, royalty-free license solely for the purpose of transmitting, reproducing, performing security screening (e.g., malware or virus scanning), or displaying Legal Process Data to the relevant Provider(s).

b) Additional Agent Services. To the extent an Agent uses any Agent Services beyond Direct Submissions, whether currently offered or offered in the future, whereby Kodex provides services directly to an Agent, you hereby grant us an additional limited, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, display, perform, distribute, transmit, and translate Legal Process Data and/or Productions to provide, secure, and improve the Services.

c) Agent Data. You acknowledge that we and our service providers may use Agent Verification Data for purposes of verifying your identity, securing the Services, and operating and maintaining the Services. Therefore, you hereby grant to us a limited, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, distribute, transmit, and analyze Agent Verification Data. You further understand that your Credentials are governed by Section 8 of these Terms. You further acknowledge that we and our service providers may use Usage Data for purposes of securing the Services, and operating, maintaining, and improving the Services. Therefore, you hereby grant to us an unlimited, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, distribute, transmit, analyze, and create derivative works from Usage Data.

6.3 You understand that by transmitting or receiving information through the Services, and by requesting information to be sent through the Services, you may be revealing information about yourself, your governmental affiliation, or the target of law enforcement or investigative activities. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such information, and you agree that we are not responsible or liable in any way in connection with such transmission or sharing.

6.4 You are solely responsible for any data submitted to or received through the Services, including the content, accuracy and integrity of such data and for correcting errors and omissions in such data. You acknowledge that you have the necessary rights and authorities to direct Kodex in the processing of data submitted through the Services consistent with the licenses described in this Section 6.

6.5 To the extent we use automation, machine learning, or artificial intelligence (including third-party AI services) in connection with processing information in connection with the Services, any such third-party AI providers are contractually prohibited by Kodex from using such information to train their models or for their own independent purposes.

6.6 You acknowledge that Kodex is not responsible for the accuracy, completeness, appropriateness, or legality of Legal Process Data or Productions.

6.7 You acknowledge that Kodex is not responsible for the accuracy, completeness, appropriateness, or legality of information processed via the Services. Your reliance upon Productions is at your own risk. You, and not Kodex, are solely responsible for downloading, storing, securing, and maintaining copies of Productions made available by Providers. Kodex is not responsible for Provider-directed removals of Productions that you receive from a Provider through the Services, provided that nothing herein is intended to limit Agents’ ability to meet applicable preservation or retention requirements or to use additional Agent Services. Kodex shall have no liability for the loss of access to data resulting from Provider directed modifications or removal of Productions, nor any obligation to recover or recreate Productions once removed.

7.1 For your convenience, the Services may contain links to the websites of third parties from which you may be able to obtain information or use services. Except as otherwise noted, such third-party websites, and such information and services are provided by organizations that are independent of us. We do not make any representations or warranties concerning such websites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we cannot censor or edit the content of any third-party site. Therefore, we make no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers. Any linking to or from any such off-site pages or other websites by you is at your own risk. By using the Services, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Services and to read the agreements and privacy policy of each other website that you visit.

8.1 Agents will be required to register an account with us, and we will ask you to provide us with a username and password or other access codes, technical specifications, connectivity standards or protocols, or other relevant procedures (“Credentials”) and other information about yourself and your employment affiliation necessary to verify your identity. In doing so, you agree that you will provide accurate and complete information.

8.2 We may refuse to allow you to use the Services if we believe that you may be: (i) impersonating another person or falsely claiming association with a government agency; (ii) violating the intellectual property or other rights of any entity; (iii) violating the rights of any person or entity through unauthorized Legal Process Data or Productions or other use of the Services; (iv) providing any information that we may otherwise believe to be false; or (v) for any or no reason in our sole discretion.

8.3 You are under no obligation to provide Credentials to us, however, if you do, you represent and warrant that you are authorized to provide these Credentials for use with the Services, and that the Credentials are and will be true and accurate throughout your use of the Services. By providing your Credentials, you understand that we may store and use the Credentials in accordance with our Privacy Policy.

8.4 Once you are a registered Agent, you agree to keep your Credentials needed to login to the Services confidential and secure. You are solely responsible for controlling the access to and use of your Credentials and account. You understand and agree that we assume that instructions we receive from your account are authoritative, and that we should act upon such instructions. We are not responsible for any unauthorized access to your account or profile or the ramifications of such access, and we are not required to take action to disable any account. You agree that you will not bring any action against us arising out of or related to any claimed unauthorized access using your account Credentials.

8.5 Notwithstanding the foregoing, if we believe that there has been unauthorized access to your Kodex account, we may take reasonable actions to disable or lock your account, or otherwise address your situation. You will not be able to access information sent to you by other registered users if you lose access to your account for any reason whatsoever.

9.1 UNLESS OTHERWISE STATED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KODEX DOES NOT REPRESENT OR WARRANT THAT THE SERVICES (I) WILL BE UNINTERRUPTED, TIMELY OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE. EXCEPT WHERE PROHIBITED BY LAW, KODEX EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. IN PARTICULAR, KODEX IS NOT RESPONSIBLE FOR YOUR USE OF, RELIANCE UPON, OR ANY ADVERSE CONSEQUENCES RELATED TO YOUR TRANSMISSION OF OR USE OF LEGAL PROCESS DATA OR PRODUCTIONS.

10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WE SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT A COURT SHALL FIND THAT ANY OF THE ABOVE DISCLAIMERS ARE NOT ENFORCEABLE, THEN YOU AGREE THAT NEITHER WE NOR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR DIRECTORS SHALL BE LIABLE FOR (I) ANY DAMAGES IN EXCESS OF THE GREATER OF THE AMOUNTS YOU HAVE PAID TO US DURING THE MOST RECENT TWELVE (12) MONTH PERIOD OR $100.00, OR (II) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, LOST REVENUE, LOST PROFITS OR DATA TO YOU OR ANY THIRD PARTY FROM YOUR USE OF THE SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE BASIS OF YOUR CLAIM OR WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

10.3 SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.

11.1 The term “Confidential Information” means the Services, associated documentation, our pricing, and all other information we disclose to you that is designated as confidential or that by its nature would reasonably be expected to be kept confidential.

11.2 Notwithstanding the previous paragraph, our Confidential Information shall not include information that (i) is or becomes publicly available through no act or omission of yours; (ii) was in your lawful possession prior to the disclosure and had not been obtained by you either directly or indirectly from us; (iii) is lawfully disclosed to you by a third party not bound by a duty of non-disclosure; or (iv) is independently developed by you without access to or use of our Confidential Information.

11.3 You agree to hold all Confidential Information in confidence. You agree not to make the Confidential Information available in any form to any third party or to use the Confidential Information for any purpose other than performing your obligations or enjoying your rights under these Terms of Service. You agree to use the same degree of care in protecting the Confidential Information that you use to protect confidential information of your own of a similar nature and value, but in no event less than a reasonable standard of care to ensure that Confidential Information is not disclosed or distributed by your employees or agents in violation of the provisions of these Terms of Service. You represent that you have, with each of your employees who may have access to any Confidential Information, an appropriate agreement sufficient to enable you to comply with all of the confidentiality terms hereof.

11.4 Notwithstanding the foregoing, you may disclose the Confidential Information to the extent that such disclosure is required by law or court order, provided, however, that you provide us with prior written notice of such disclosure and reasonable assistance in obtaining an order protecting the Confidential Information from public disclosure.

11.5 After termination or expiration of these Terms of Service, you shall return any Confidential Information in your possession or control to us.

12.1 You shall indemnify, defend, and hold harmless Kodex and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, attorneys, and each of their respective successors and assigns (the “Kodex Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, reasonable attorneys’ fees and costs) incurred in connection with your breach of these Terms of Service.

Notwithstanding the foregoing, the indemnity obligations in this paragraph are hereby subject to the Government-Specific Terms for any U.S Government or U.S. Government User accessing the Services.

13.1 We consider any suggestions, ideas, proposals, content or other material or information submitted by you, whether solicited or unsolicited, (collectively, the “Feedback”) to be non-confidential and non-proprietary. We shall not be liable for the disclosure, use or exploitation of such Feedback. You hereby grant to Kodex a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Feedback for any purpose whatsoever, commercial or otherwise, without compensation or accounting.

14.1 Kodex has and shall retain all right, title and interest in and to the Services, and all content made available through the Services, including, but not limited to, all logos, trademarks, design, text, graphics, images, audio, visual or audiovisual combinations, page headers, buttons, scripts, code, software and other files, and the selection arrangement and organization thereof (collectively “Kodex Intellectual Property”). Except for the limited right to access the Services for informational purposes, nothing in these Terms of Use or your use of the Services grants you a right or license to use any of Kodex Intellectual Property. © 2025 Kodex, Inc. All Rights Reserved.

14.2 Our graphics, logos, names, designs, page headers, button icons, scripts and service names are our trademarks, trade names and/or trade dress. The “look and feel” of the Services Site (including color combinations, button shapes, layout, design and all other graphical elements) are protected by international copyright and trademark laws. All product names, services names, trademarks and service marks within the Services (“Marks”) are either our property or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms of Service.

14.3 You acknowledge that (i) the software used to provide the Services, and all enhancements, updates, upgrades, corrections and modifications to such software (the “Software”), (ii) all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the Software (or any enhancements, corrections or modifications) and (iii) all documentation therefor, are the sole and exclusive property of us and/or our licensors. This Agreement does not convey title or ownership to you, but instead gives you only the limited use rights set forth herein. To the extent that you gain access to or receive any copies of the Software, you agree that you will delete such copies of the Software upon any termination of this Agreement, termination of your use of the Services, or at our request.

14.4 You acknowledge our proprietary rights in the Services and associated documentation and materials, and shall protect the proprietary nature thereof. If you suggest any new features, functionality or performance for the Services that we subsequently incorporate into the Services (or any other software or service), you hereby acknowledge that (i) we shall own, and have all rights to use such suggestions and the Services incorporating such new features, functionality or performance; and (ii) all such suggestions shall be free from any confidentiality restrictions that might otherwise be imposed upon us. You shall not sell, lease, or otherwise transfer or distribute the Services or associated documentation, in whole or in part, without prior authorization in writing from us. In the event of any breach of this paragraph, you agree that we will suffer irreparable harm and shall therefore be entitled to obtain injunctive relief against you.

15.1 The laws of the state of Delaware shall govern these Terms of Service. Any legal proceeding or arbitration shall be held in Wilmington, Delaware (the “Dispute Resolution Location”). To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Services may only be brought by you in a state or federal court located in the Dispute Resolution Location. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN THE DISPUTE RESOLUTION LOCATION.

You agree that any claim or dispute arising out of or relating in any way to your use of the Services will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Service. YOU UNDERSTAND AND AGREE TO SUBMIT TO ARBITRATION PROCEEDINGS TO SETTLE ANY DISPUTES HEREUNDER, THAT SUCH ARBITRATION WILL BE IN LIEU OF LITIGATION, AND EACH PARTY HEREBY WAIVES THE RIGHT TO SUE IN COURT IN FAVOR OF THE ARBITRATION PROCEEDING EXCEPT AS PERMITTED UNDER THESE TERMS OF SERVICE.

15.2 There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, may award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.

15.3 To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address specified below. You consent to our delivery to you of any communications or notices we send to any email address you have registered with us or, at our discretion, to whatever mailing address we have been provided by you.

15.4 Arbitration under these Terms of Service will be conducted by the American Arbitration Association (“AAA”) under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

15.5 You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we both agree that we have each waived any right to a jury trial.

15.6 Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

15.7 Any dispute or alleged claim you may have with respect to your access or use of the Services must be commenced within one (1) year after the occurrence of the events leading to the dispute or alleged claim.

15.8 Nothing in the foregoing shall exclude or restrict rights you have under local law that cannot be excluded or restricted. If you are a consumer, you may be entitled under law to bring claims against Kodex in the courts and pursuant to the governing law of your residence.

16.1 These Terms of Service shall not be construed as creating any agency, partnership, joint venture, or other similar legal relationship between the Parties; nor will either Party hold itself out as an agent, partner, or joint venture party of the other Party.

16.2 Each Party shall comply with all applicable laws and regulations of governmental bodies or agencies in its performance under these Terms of Service.

16.3 No waiver shall be implied from conduct or failure to enforce rights. No waiver shall be effective unless in a writing signed by both Parties.

16.4 If any provision of these Terms of Service is held to be invalid, void or unenforceable, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and the remaining provisions of these Terms of Service shall remain in full force and effect.

16.5 Neither Party may assign any of its rights or obligations under these Terms of Service, whether by operation of law or otherwise, without the other Party’s prior written consent, not to be unreasonably withheld; except, however, either Party may assign these Terms of Service in its entirety, without the other Party’s consent, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the restrictions in this Section, these Terms of Service will be binding upon and inure to the benefit of the parties and their respective successors and assigns. Any other attempt to transfer or assign is void. If a Party is acquired by, sells substantially all of its assets to, or undergoes a change of control in favor of a direct competitor of the other Party, then the other Party may terminate this Agreement upon written notice.

16.6 Kodex shall not be in default or otherwise liable for any delay in or failure of our performance these Terms of Service where such delay or failure arises by reason of any Act of God, or any government or any governmental body, war, insurrection, acts of terrorism, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond our control. You acknowledge that the performance of certain of our obligations may require the cooperation of third parties designated by you and outside our control. In the event such third parties fail to cooperate with us in a manner that reasonably permits us to perform our obligations, such failures shall be considered as causes beyond our reasonable control for the purposes of this paragraph, and shall not be the basis for a determination that we are in breach of any of our obligations under these Terms of Service or are otherwise liable.

16.7 Any provision of these Terms of Service that may reasonably be interpreted as being intended by the Parties to survive termination or expiration of these Terms of Service, shall survive any such termination or expiration.

16.8 All legal notices given by you or required under these Terms of Service shall be in writing and addressed to: Kodex Inc. 68 Harrison Ave Ste 605 PMB 52241 Boston, Massachusetts 02111-1929, USA, and by email to info@kodexglobal.com.

17.1 If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.

18.1 This Section 18 shall apply solely to U.S. Government Users’ use of the Services, and shall prevail in the event of any conflict with any other Section of these Terms of Service.

18.2 Commercial Items: The Services, including all software, documentation, and related technical data, are “commercial items” as defined at 48 C.F.R. § 2.101. For U.S. Government Users, the Services are "commercial computer software" and the documentation is "commercial computer software documentation" pursuant to 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, the Services are provided to the U.S. Government and U.S. Government User with only those rights as are granted to the general public as set forth in this Agreement. If applicable, technical data is licensed to the U.S. Government consistent with 48 C.F.R. § 252.227-7015.

18.3 Liability and Disputes: Claims and liabilities will be determined under the Contract Disputes Act, the Federal Tort Claims Act, or equivalent governing state or local legal authority. Federal or state statute of limitations provisions apply to any breach or claim, notwithstanding any shorter period stated in this Agreement. Any provisions regarding choice of law, venue, and jurisdiction in this Agreement are waived to the extent they are prohibited by the laws applicable to the applicable entity of the U.S. Government. In the absence of applicable law, the laws of the state of Delaware shall apply.

18.4 Indemnification and Injunctions: The “Indemnification” section and any provisions entitling Kodex to equitable relief or injunctions apply to U.S. Government only to the extent authorized by applicable law (e.g., the Anti-Deficiency Act or equivalent state/local statutes). The Parties agree that any liability for infringement or unauthorized use of Intellectual Property by the U.S. Government shall be governed by 28 U.S.C. § 1498 or applicable governing U.S. state or local law, otherwise the Intellectual Property provisions in the body of this Agreement shall apply.

18.5 No Endorsement; Professional Sharing: The U.S. Government does not endorse or recommend specific commercial products, nothing in these Terms of Service shall restrict U.S. Government Users from sharing their professional experiences or Feedback with the Services to other governmental or law enforcement agencies. Any use of Kodex logos or trademarks in formal public-facing advertisements requires prior written consent.

18.6 Severability: If any term of these Agent Terms of Service is prohibited by law, such term will be deemed modified only to the extent necessary to conform to such law, and the remainder these Terms of Service shall remain in full force and effect.

18.7 Governmental Authority and Conduct: U.S. Government Users are responsible for ensuring that their use of the Services, including the sharing or requesting of any information, Agent Data, Legal Process Data, or Productions, is conducted in compliance with all applicable federal, state, and local laws, regulations, and internal agency policies or Standard Operating Procedures (SOPs). Kodex provides the Services as a tool for the transmission of data, and the U.S. Government Users acknowledges that the U.S. Government maintains sole responsibility for determining the lawfulness and appropriateness of any data shared or requested by U.S. Government Users.

18.8 Security of Government Environments, Connections, and Accounts: The U.S. Government remains responsible for the security of the hardware, local networks, user accounts, and internet connections used to access Services. This includes maintaining up-to-date security patches, firewall configurations, and endpoint protection on any government-furnished equipment. While Kodex is responsible for the security of the Services itself, it is not liable for breaches or data loss resulting from vulnerabilities within the U.S. Government’s own technical environment, compromised government connections, or the unauthorized use of valid Credentials.

18.9 Data Retention, Retrieval, and Independent Logging: The U.S. Government and U.S. Government User acknowledges that the Services is intended to facilitate the secure transmission and management of legal process, and unless expressly agreed in writing, is not the U.S. Government’s official system of record, or long-term archival repository. Accordingly:

(a) Government Recordkeeping. The U.S. Government is solely responsible for exporting, retaining and maintaining records as necessary to satisfy its own evidentiary and record-keeping obligations.

(b) Customer-Controlled Content. Productions provided by Kodex Providers may be modified or removed in accordance with Kodex Provider instructions and applicable agreements. Kodex is not responsible for Provider-directed removals, provided that nothing herein is intended to limit the U.S. Government’s ability to meet applicable preservation or retention requirements. Kodex shall have no liability for the loss of access to data resulting from customer directed modifications or removal of Productions, nor any obligation to recover or recreate Productions once removed.

(c) Logs and Audit Trails. Kodex may make available certain transmission logs or audit features for administrative convenience; however, the U.S. Government remains responsible for maintaining its own internal procedures and records to satisfy applicable legal and compliance obligations.