TERMS OF SERVICE

1. Acceptance and Contract Formation

These Terms of Service and End User License Agreement (the "Terms") govern access to and use of pns.io, Zexci.ai, the Zexci mobile applications, Zexci scanners, code verification services, Zexci Scan-Shield, rewards and wallet features, Zexci Pulse, advertiser and campaign tools, dashboards, APIs, analytics, software, beta programs, and all related products, content, communications, and services offered by PNS Communications, LLC (collectively, the "Services").

These Terms form a legally binding agreement between PNS Communications, LLC ("PNS," "Zexci," "we," "us," or "our") and the person or entity accessing or using the Services ("you" or "your"). If you use the Services for a company or other organization, "you" also includes that organization, and you represent that you have authority to bind it.

You accept these Terms by clicking "Agree," "Accept," or a similar button; creating or using an account; downloading, installing, accessing, or using an application or website; scanning or verifying a code; participating in a campaign, survey, rewards program, or beta test; or otherwise using the Services after being given access to these Terms. Electronic acceptance has the same effect as a handwritten signature to the extent permitted by law.

If you do not agree to these Terms, do not access or use the Services.

2. Eligibility and Authority

2.1 General eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to create a Zexci account, participate in Zexci Pulse, earn or redeem rewards, or use any advertiser, business, developer, or administrative feature. PNS may establish additional eligibility requirements for particular campaigns, rewards, jurisdictions, or features.

2.2 Business authority

If you use the Services for an advertiser, agency, merchant, publisher, brand, employer, or other organization, you represent and warrant that you are authorized to act for that organization, provide all submitted materials and instructions, incur charges, grant the licenses in these Terms, and bind the organization to these Terms and any applicable order form or supplemental agreement.

2.3 United States availability

Unless PNS expressly states otherwise, accounts, rewards, and Zexci Pulse are intended for eligible residents of the United States. PNS may restrict access based on location, residency, age, sanctions, fraud risk, legal requirements, or operational availability. You may not use the Services where prohibited by law.

3. Scope of the Services and Supplemental Terms

The Services may include consumer scanning and verification, security notices, advertiser campaigns, code generation, QR, DRV, QRV and hybrid code technologies, rewards, surveys, campaign analytics, blockchain-based integrity proofs, APIs, creative tools, artificial intelligence features, and beta or experimental functionality.

Certain Services are subject to additional terms, including the Privacy Policy, Rewards Program Terms, Zexci Pulse notices and consent terms, campaign rules, advertiser terms, API terms, subscription terms, order forms, statements of work, insurance or protection-program terms, and promotion rules (collectively, "Supplemental Terms"). Supplemental Terms are incorporated into these Terms by reference.

If a conflict exists, the following order controls unless the applicable document states otherwise: (1) a signed order form or negotiated written agreement; (2) feature-specific Supplemental Terms; (3) these Terms; and (4) general website notices.

PNS may decide which features are available, impose usage limits, require additional verification, and modify eligibility at any time, subject to applicable law and any signed agreement.

4. Accounts and Credentials

4.1 Account information

You must provide accurate, current, and complete information and keep it updated. You may not create an account using false information, impersonate another person or entity, create accounts for persons without authorization, or conceal your identity to evade restrictions.

4.2 Account security

You are responsible for maintaining the confidentiality and security of your email account, devices, authentication links, access tokens, API keys, and other credentials. You must promptly notify PNS of suspected unauthorized access. PNS may treat activity performed through your credentials as authorized until we receive and process notice of compromise.

4.3 One person, one consumer account

Unless PNS expressly authorizes otherwise, each individual may maintain only one consumer account. Business organizations may maintain authorized staff accounts under one business account. Accounts, rewards, credentials, and access rights may not be sold, rented, transferred, shared, or assigned.

4.4 Verification

PNS may require email verification, device attestation, identity confirmation, residency confirmation, tax documentation, payment verification, or other information reasonably necessary to protect the Services, comply with law, or administer rewards. Failure to complete verification may delay or prevent access, payments, redemptions, or rewards.

5. Limited License and Mobile Application Use

Subject to these Terms, PNS grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for their intended purposes and in accordance with documentation, usage limits, and applicable law.

You may not copy, modify, distribute, sell, lease, sublicense, publicly display, create derivative works from, or commercially exploit any Service except as expressly authorized in writing. You may not reverse engineer, decompile, disassemble, decode, extract, discover, or attempt to discover source code, models, algorithms, cryptographic methods, security controls, decoder logic, proprietary code formats, or trade secrets, except to the limited extent a prohibition is not permitted by applicable law.

You may install a mobile application only on devices you own or control and only as permitted by the applicable app-store usage rules. All rights not expressly granted are reserved by PNS and its licensors.

6. Beta, Test, and Experimental Features

Some or all Services may be designated beta, preview, pilot, test, early access, experimental, or pre-release ("Beta Services"). Beta Services are provided for evaluation and may contain defects, errors, incomplete functionality, interruptions, or data loss. They may change materially or be discontinued without notice.

You use Beta Services at your own risk. Unless PNS agrees otherwise in writing, Beta Services are provided without service-level commitments, warranties, support obligations, or guarantees of continued availability. You should not rely on Beta Services for emergency, life-safety, mission-critical, legal-compliance, financial-control, or other high-risk purposes.

PNS may request feedback, testing information, logs, or diagnostic details relating to Beta Services. Beta status does not authorize you to disclose confidential or nonpublic information about the Services.

7. Acceptable Use and Prohibited Conduct

You may use the Services only for lawful, authorized purposes. You must not, directly or indirectly:

• Violate any law, regulation, court order, contractual obligation, intellectual-property right, privacy right, publicity right, or other right.
• Use the Services for phishing, malware, spyware, credential theft, fraud, deceptive advertising, impersonation, harassment, threats, exploitation, or unlawful surveillance.
• Create, distribute, alter, replace, overlay, redirect, clone, counterfeit, or tamper with codes, serials, destinations, verification records, security marks, reward records, or cryptographic proofs without authorization.
• Circumvent or interfere with authentication, device attestation, fraud controls, rate limits, access controls, code revocation, destination binding, encryption, monitoring, or other security measures.
• Use bots, scripts, emulators, device farms, automation, repeated reinstallations, fabricated accounts, location spoofing, copied responses, coordinated activity, or other methods to obtain rewards or analytics credit improperly.
• Scrape, crawl, harvest, index, monitor, benchmark, extract, copy, or collect data from the Services through unauthorized automated means.
• Access another person's account, campaign, data, code, API, dashboard, or administrative function without authorization.
• Upload or transmit viruses, malicious code, excessive traffic, denial-of-service activity, or material that disrupts or burdens the Services.
• Use the Services to develop, train, validate, or improve a competing product, scanner, code system, security service, artificial intelligence model, analytics platform, or rewards platform without written permission.
• Resell, white-label, sublicense, or provide service-bureau access to the Services without a written agreement.
• Misrepresent verification, safety, insurance, reward eligibility, campaign results, analytics, authorship, sponsorship, or affiliation with PNS or Zexci.
• Use any Zexci mark, verification badge, shield, certification, or trust statement except as expressly authorized and in the approved form.
• Conduct penetration testing, vulnerability scanning, security research, or disclosure outside PNS's written responsible-disclosure process.
• Encourage, assist, or enable another person to do any prohibited act.

PNS may investigate suspected violations, preserve evidence, cooperate with authorities, remove content, revoke codes, withhold rewards, suspend access, or take other protective action. PNS is not required to disclose confidential detection methods or fraud thresholds.

8. Code Scanning, Verification, and Scan-Shield

8.1 Scope of verification

Zexci may evaluate whether a supported code or serial is registered, issued or recognized by Zexci, cryptographically valid, active, expired, revoked, altered, or associated with a designated destination. Results may depend on network availability, campaign configuration, data supplied by advertisers, third-party risk services, and the condition or presentation of the code.

8.2 Verification is not a guarantee

A verification result confirms only the specific checks expressly displayed at the time of the scan. It does not guarantee that a destination, advertiser, merchant, product, service, promotion, statement, transaction, file, device, or network is lawful, accurate, trustworthy, available, free of defects, free of malware, or suitable for you. A destination may change after verification, and third parties may act outside PNS's control.

8.3 User responsibility

You remain responsible for reviewing destination information, permissions, transaction terms, privacy notices, product claims, and security indicators before providing personal information, making a purchase, downloading content, or taking other action. Do not treat Zexci as a substitute for ordinary caution, device security, or independent evaluation.

8.4 Code and campaign controls

PNS may refuse, block, suspend, revoke, quarantine, or redirect any code, campaign, serial, or destination when reasonably necessary for security, legal compliance, fraud prevention, platform integrity, or protection of users. PNS is not liable for losses resulting from good-faith protective action.

9. Third-Party Content, Destinations, Merchants, and Advertisers

The Services may display, verify, link to, or interact with third-party advertisements, websites, applications, merchants, products, services, promotions, gift cards, payment providers, and content. Third parties are independent from PNS unless expressly stated otherwise.

PNS does not control and is not responsible for third-party content, privacy practices, cybersecurity, accessibility, availability, pricing, quality, legality, fulfillment, refunds, warranties, representations, or conduct. A link, verification result, campaign placement, or technical integration does not constitute endorsement, guarantee, agency, partnership, or assumption of liability by PNS.

Transactions with third parties are solely between you and the third party. Any dispute concerning a product, service, advertisement, destination, gift card, merchant, or transaction must be resolved with that third party, subject to any separate written protection program expressly applicable to the transaction.

10. Protection, Insurance, and Security Programs

PNS may offer, arrange, sponsor, or describe protection, reimbursement, security, warranty, or insurance-related programs. No such program applies unless you are separately provided with written program terms, eligibility requirements, coverage limits, exclusions, claim procedures, and the identity of any insurer, administrator, or obligor.

PNS is not an insurer unless expressly identified as one in a written policy issued in accordance with applicable law. Marketing statements, verification screens, security badges, or references to a maximum coverage amount do not expand, modify, or replace the controlling insurance policy or protection-program terms.

Coverage may be limited to specified events, verified scans, approved transactions, geographic areas, time periods, or losses occurring before or at a defined handoff point. Coverage does not necessarily extend to conduct, content, purchases, or events occurring after a user reaches a third-party destination. All claims are subject to the controlling written terms and proof requirements.

11. Rewards Program

11.1 Promotional nature of points

Zexci points and other reward units are promotional, revocable, limited-use program benefits. They are not cash, currency, stored value, a bank account, a security, property, or a vested right. Points have no cash value and cannot be transferred, sold, assigned, inherited, pledged, bartered, or exchanged except through an authorized redemption method.

11.2 Earning and validation

Points may be offered for verified scans, campaign selections, surveys, referrals, account activities, purchases, or other qualifying actions. An displayed point amount is provisional until PNS validates the activity. PNS may impose daily, weekly, campaign, device, account, geographic, or lifetime limits; diminishing reward values; holding periods; and eligibility requirements.

11.3 Corrections, holds, and forfeiture

PNS may delay, deny, reverse, correct, cancel, expire, or forfeit points or rewards resulting from error, duplicate credit, invalid activity, fraud, abuse, chargeback, cancellation, returned merchandise, campaign changes, violation of these Terms, account inactivity, account deletion, legal requirements, or termination of the program. PNS records control in the event of a discrepancy, subject to applicable law.

11.4 Redemption

Redemptions are subject to availability, minimum thresholds, verification, processing time, third-party terms, and fraud review. Gift cards and third-party rewards are issued by third parties and may be subject to expiration, fees, exclusions, geographic limits, merchant restrictions, and separate terms. PNS is not responsible for a third party's refusal, insolvency, discontinuation, or unauthorized use after delivery.

11.5 Taxes

You are solely responsible for determining and paying taxes associated with rewards. PNS may request tax documentation, withhold amounts, delay delivery, or report rewards when required by law.

11.6 Program changes

PNS may modify, suspend, or terminate a rewards program, point value, earning rule, redemption method, or participating campaign. Where required by law, PNS will provide notice or an opportunity to redeem eligible points before a material adverse change takes effect. Additional Rewards Program Terms may apply.

12. Zexci Pulse Surveys and Research

12.1 Voluntary participation

Participation in Zexci Pulse is voluntary. Before a sponsored survey begins, Zexci may identify the advertiser or sponsor, describe the information to be collected, state the offered reward, and present a campaign-specific notice and consent.

12.2 Who receives your response

You must affirmatively choose to participate before responses are provided to the identified advertiser. Declining a survey does not prevent use of unrelated Zexci features, but you will not earn a reward offered specifically for that survey.

12.3 Survey conduct

You agree to provide truthful, independent, and good-faith responses. You may not copy responses, coordinate answers, use automation, misstate eligibility, submit confidential information belonging to another person, or include Social Security numbers, account credentials, medical records, or other unnecessary sensitive information.

12.4 Research limitations

Survey results, estimates, co-viewing information, demographic summaries, and analytics are informational and may be affected by sample size, selection bias, self-reporting, device availability, fraud filtering, timing, and other methodological limits. PNS does not guarantee that results are statistically representative, error-free, suitable for a particular decision, or predictive of future behavior.

12.5 Advertiser restrictions

Advertisers may use Pulse information only for authorized campaign, research, measurement, or related business purposes. They may not attempt to identify pseudonymous participants, combine Zexci identifiers with outside identity data, sell the data, submit it to data brokers or advertising audiences, use it for legally significant eligibility decisions, or infer protected sensitive characteristics for targeting.

13. Advertiser and Business Services

13.1 Business accounts

Business accounts are for authorized commercial use. The organization identified in an account or order form is responsible for all users, campaigns, destinations, surveys, codes, content, fees, data handling, and activity under its account.

13.2 Advertiser responsibilities

Advertisers represent, warrant, and covenant that all campaign materials, claims, offers, destinations, products, services, surveys, instructions, data, and promotions:

• Are accurate, lawful, substantiated, nondeceptive, and not misleading.
• Do not infringe intellectual-property, privacy, publicity, contractual, or other rights.
• Comply with advertising, consumer-protection, promotions, accessibility, privacy, data-protection, telemarketing, email, text-message, sweepstakes, and industry-specific laws.
• Contain all notices, disclosures, rules, consents, and qualifications required by law.
• Do not contain malware, prohibited products, unsafe instructions, discriminatory criteria, or unlawful sensitive-data requests.
• Will not be used to reidentify users or combine pseudonymous information with outside identity data.
• Will be fulfilled as represented, including rewards, discounts, products, services, and customer support.

13.3 Review and removal

PNS may review, reject, condition, pause, remove, or require modification of any campaign, question, code, destination, or material. Review does not transfer responsibility to PNS or constitute legal approval. Advertisers remain solely responsible for their content and compliance.

13.4 Analytics and decisions

Business users are responsible for evaluating analytics and determining whether they are appropriate for any business decision. Zexci analytics may not be used as the sole basis for employment, credit, housing, insurance, medical, educational, or other legally significant decisions about an individual.

13.5 Separate agreements

Paid business Services may require an order form, subscription agreement, data-processing addendum, service-level agreement, or other signed contract. Those terms control where they expressly conflict with these Terms.

14. User Content, Campaign Materials, and Submissions

14.1 Ownership

You retain ownership of content you lawfully submit, including campaign materials, logos, advertisements, survey text, feedback, images, audio, video, destination information, reports, and support communications ("User Content"), subject to the licenses in these Terms.

14.2 License to PNS

You grant PNS and its service providers a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, adapt, format, transmit, display, distribute, analyze, and otherwise use User Content as reasonably necessary to provide, secure, support, improve, and administer the Services; fulfill campaigns and rewards; comply with law; and exercise PNS's rights under these Terms. This license continues for as long as necessary for those purposes and for retained backups, legal records, and previously generated aggregate or deidentified information.

14.3 Your representations

You represent and warrant that you own or control all rights necessary to submit User Content and grant the license above; that User Content is accurate and lawful; and that PNS's permitted use will not violate any right, law, contract, or duty.

14.4 No confidentiality for unsolicited submissions

Unless a separate written confidentiality agreement applies, unsolicited ideas, proposals, concepts, or materials are not confidential, and PNS may use them without restriction or compensation. Do not submit trade secrets or confidential information unless PNS has agreed in writing to receive them.

14.5 Moderation and preservation

PNS may remove, preserve, disclose, or restrict User Content when reasonably necessary to operate the Services, enforce these Terms, investigate violations, comply with law, or protect rights and safety. PNS is not obligated to monitor all content and does not guarantee storage or backup of User Content.

15. Artificial Intelligence and Automated Features

The Services may use artificial intelligence, machine learning, automated analysis, web search, transcription, image processing, or generative tools to support brand identification, campaign design, code design, palette development, transcription, fraud prevention, moderation, analytics, support, and other functions.

AI-generated or automated outputs may be inaccurate, incomplete, nonexclusive, inappropriate, or similar to content generated for others. They may not reflect current law, facts, market conditions, or third-party rights. You are responsible for reviewing, validating, editing, and approving outputs before use or publication.

PNS does not guarantee that an output is original, protectable, noninfringing, fit for a particular purpose, or eligible for intellectual-property protection. You may not rely on AI output as legal, medical, financial, accounting, safety, or other professional advice.

Unless separately disclosed and authorized, Zexci does not send consumer Pulse responses to third-party generative-AI providers. PNS may use contracted providers to process advertiser-side creative materials, audio, video, transcripts, logos, brand information, and instructions.

16. Analytics, Measurement, and Blockchain Integrity

16.1 Analytics limitations

Analytics, scan counts, verification rates, engagement metrics, conversion estimates, location summaries, survey results, fraud classifications, and other reports may contain delays, exclusions, estimates, technical errors, incomplete data, or methodological assumptions. PNS does not guarantee exact counts, commercial results, return on investment, audience size, sales, attribution, or future performance.

16.2 Tamper-evident commitments

When enabled, Zexci may record limited aggregate cryptographic commitments, such as a Merkle root, an opaque batch reference, and a record count, to a blockchain or other tamper-resistant system. The underlying analytics and personal information remain in controlled off-chain systems.

16.3 What blockchain proves

A cryptographic commitment may help demonstrate that a defined data batch existed in a particular form at a particular time and has not been altered. It does not independently prove that source information was true, complete, lawfully obtained, representative, or free from input error.

16.4 Blockchain risks

Blockchain networks and related services may experience congestion, delays, outages, forks, reorganizations, protocol changes, third-party attacks, transaction failures, or other events outside PNS's control. PNS does not guarantee permanent availability of a particular network, explorer, proof interface, or transaction confirmation time.

16.5 No digital asset

Unless expressly stated in separate written terms, Zexci does not issue cryptocurrency, tokens, securities, or ownership interests. Points and rewards are not blockchain assets and are governed solely by the Rewards Program Terms.

17. Fees, Billing, Subscriptions, and Taxes

17.1 Fees

Certain Services may require fees stated in an order form, subscription page, purchase screen, or other checkout process. You authorize PNS and its payment providers to charge the applicable amounts, taxes, and disclosed fees using your selected payment method.

17.2 Subscriptions and renewal

If a subscription renews automatically, the renewal terms, price, billing frequency, cancellation method, and any trial terms will be disclosed before purchase. Unless you cancel as instructed before the renewal date, you authorize recurring charges at the then-applicable disclosed rate. PNS will provide notices and cancellation rights required by law.

17.3 Cancellation and refunds

You may cancel a subscription through the method described at purchase or in account settings. Cancellation generally stops future renewal and does not create a refund for a current billing period, except as required by law or stated in an order form. Purchases made through Apple or Google may be subject to the app store's billing and refund procedures.

17.4 Business payment terms

Unless an order form states otherwise, business fees are due when invoiced, are nonrefundable, and exclude taxes. Late amounts may accrue the lesser of 1.5% per month or the maximum lawful rate, plus reasonable collection costs. PNS may suspend paid Services for nonpayment.

17.5 Taxes

You are responsible for sales, use, excise, value-added, withholding, and similar taxes arising from your purchases or business use, excluding taxes based on PNS's net income. If a withholding is required, you must gross up the payment unless prohibited by law.

18. Referrals, Promotions, and Sweepstakes

Referral programs, contests, sweepstakes, giveaways, promotions, and limited offers may be subject to separate official rules. If separate rules conflict with these Terms, the official rules control for that promotion.

You may share a referral link only with persons you are authorized to contact and may not use spam, automated messaging, misleading claims, paid search bidding on PNS marks, public coupon sites, self-referrals, fabricated accounts, or other abusive methods. Referral eligibility may depend on verified milestones and fraud review.

PNS may disqualify entries, withhold rewards, or cancel a promotion for fraud, technical failure, legal requirements, insufficient participation, force majeure, or other circumstances affecting fairness or integrity. No purchase is necessary where prohibited by law.

19. Intellectual Property and Proprietary Rights

The Services and all associated software, source and object code, interfaces, databases, designs, graphics, text, audio, video, documentation, analytics methods, code formats, scanning and verification methods, cryptographic systems, security features, models, workflows, patents, patent applications, trademarks, service marks, trade dress, domain names, and trade secrets are owned by PNS or its licensors and protected by law.

PNS, Zexci, Zexci Pulse, Zexci Scan-Shield, QRV, DRV, related logos, verification marks, and other identifiers are trademarks or proprietary marks of PNS or its licensors. No license to use a mark is granted except as expressly authorized in writing.

You may not remove proprietary notices; register confusingly similar names or domains; challenge ownership; copy the appearance or function of the Services; or use PNS intellectual property to imply sponsorship, certification, verification, or endorsement without permission.

No rights are granted by implication, estoppel, exhaustion, or otherwise beyond the limited license expressly stated in these Terms.

20. Feedback and Product Suggestions

If you provide suggestions, ideas, corrections, improvements, feature requests, evaluations, or other feedback ("Feedback"), you assign to PNS all right, title, and interest in the Feedback to the extent permitted by law. To the extent an assignment is ineffective, you grant PNS a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use and exploit the Feedback for any purpose without restriction, attribution, or compensation.

You waive and agree not to assert moral rights or similar rights in Feedback to the extent permitted by law. Feedback is not confidential unless PNS expressly agrees otherwise in writing.

21. Copyright Complaints and DMCA Procedure

PNS respects intellectual-property rights. If you believe material available through the Services infringes copyright, submit a notice containing the information required by 17 U.S.C. Section 512(c)(3), including identification of the copyrighted work, identification and location of the allegedly infringing material, your contact information, a good-faith statement, an accuracy and authority statement under penalty of perjury, and a physical or electronic signature.

Send notices to PNS's designated copyright agent:

• DMCA Agent:
• PNS Communications, LLC: 255 Primera Blvd Suite 160 Lake Mary, Fl 32746
• Email: [email protected]

PNS may remove or restrict allegedly infringing material and may terminate repeat infringers. A counter-notice must satisfy applicable law. Knowingly submitting a materially false notice or counter-notice may result in liability. Listing an agent in these Terms does not substitute for any registration required with the U.S. Copyright Office.

22. Privacy and Data Practices

PNS's Privacy Policy explains how PNS collects, uses, discloses, retains, and protects personal information. The Privacy Policy is incorporated into these Terms by reference. By using the Services, you acknowledge the Privacy Policy and any just-in-time or campaign-specific notices presented to you.

Where you knowingly submit information directly to an advertiser or other third party, that third party's privacy policy governs its independent use. Business users must provide legally required notices and obtain legally required consents for information they collect or direct PNS to process.

PNS may use aggregated, deidentified, or appropriately pseudonymous information as described in the Privacy Policy. No provision of these Terms authorizes PNS to disregard nonwaivable privacy rights.

23. Security and Responsible Disclosure

PNS uses safeguards designed to protect the Services, but no system is completely secure. You are responsible for securing your devices, networks, email, credentials, destinations, campaign materials, and third-party accounts.

If you discover a suspected vulnerability, do not access, modify, retain, destroy, or disclose data; do not degrade the Services; and do not exploit the issue. Promptly report it to [email protected] and follow any responsible-disclosure instructions provided by PNS.

PNS may investigate security events, preserve logs and evidence, require credential resets, invalidate tokens, suspend accounts, revoke codes, block destinations, or take other protective measures. Good-faith protective action does not create liability merely because it interrupts access or a campaign.

24. Availability, Changes, and Service Maintenance

PNS may modify, update, maintain, replace, limit, suspend, or discontinue any Service, feature, integration, code format, model, reward, campaign, or support channel. PNS does not guarantee uninterrupted, timely, secure, or error-free availability.

The Services may be affected by maintenance, internet or cloud failures, app-store action, telecommunications outages, third-party services, advertiser conduct, security incidents, force majeure, legal requirements, or events outside PNS's control.

Unless required by law or a signed agreement, PNS has no obligation to preserve any specific feature, compatibility, API version, historical report, campaign, code, or data format. You are responsible for maintaining appropriate copies of information you need.

25. Suspension and Termination

25.1 By you

You may stop using the Services at any time and may request account deletion through the available account or privacy process. Subscription cancellation, account deletion, and reward treatment are subject to applicable Supplemental Terms.

25.2 By PNS

PNS may suspend, restrict, or terminate access; remove content; revoke codes; withhold rewards; or close an account immediately if PNS reasonably believes that you violated these Terms, created risk or liability, engaged in fraud or abuse, failed to pay, compromised security, infringed rights, became legally ineligible, or if suspension is necessary to protect PNS, users, advertisers, third parties, or the integrity of the Services.

PNS may also discontinue an account or Service for business reasons upon reasonable notice where practical. PNS is not required to provide advance notice when immediate action is reasonably necessary for security, fraud prevention, legal compliance, or protection of others.

25.3 Effect of termination

Upon termination, your license ends and you must stop using the affected Services. PNS may delete, restrict, or dissociate account information as described in the Privacy Policy and may retain records needed for fraud prevention, transactions, tax, accounting, consent, legal obligations, claims, and enforcement. Sections intended by their nature to survive will survive, including intellectual property, payment obligations, disclaimers, limitations, indemnity, dispute resolution, and general contract terms.

26. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PNS AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, ADVERTISERS, AND PARTNERS (COLLECTIVELY, THE "PNS PARTIES") DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, COURSE OF DEALING, USAGE OF TRADE, SECURITY, AVAILABILITY, AND RESULTS.

WITHOUT LIMITING THE FOREGOING, THE PNS PARTIES DO NOT WARRANT THAT:

• The Services will be uninterrupted, error-free, secure, current, accurate, complete, compatible, or available in every location or on every device.
• A code, destination, advertiser, merchant, product, service, promotion, reward, or transaction is safe, lawful, authentic, available, or suitable.
• Verification, risk checks, fraud detection, device attestation, analytics, blockchain commitments, or security measures will identify every threat, error, or fraudulent act.
• Rewards will always be available, retain a particular value, be delivered by a particular date, or be accepted by a third party.
• Analytics, surveys, campaign metrics, conversions, audience estimates, or AI outputs will produce any business, advertising, financial, or other result.
• Data, content, reports, points, campaigns, or account information will never be lost, delayed, corrupted, or altered.
• Third-party services, app stores, networks, payment providers, insurers, reward providers, or destinations will perform as expected.

NO ORAL OR WRITTEN INFORMATION OR ADVICE FROM A PNS PARTY CREATES A WARRANTY UNLESS EXPRESSLY INCLUDED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED PNS REPRESENTATIVE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

27. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO PNS PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, DATA, CONTENT, POINTS, REWARDS, OPPORTUNITY, OR ANTICIPATED SAVINGS; COST OF SUBSTITUTE SERVICES; BUSINESS INTERRUPTION; PERSONAL OR PROPERTY LOSS CAUSED BY A THIRD PARTY; OR DAMAGES ARISING FROM UNAUTHORIZED ACCESS, MALWARE, THIRD-PARTY DESTINATIONS, ADVERTISERS, MERCHANTS, GIFT CARDS, CAMPAIGNS, ANALYTICS, AI OUTPUTS, BLOCKCHAIN NETWORKS, OR SECURITY EVENTS, EVEN IF ADVISED OF THE POSSIBILITY.

FOR CONSUMERS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ALL PNS PARTIES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT YOU ACTUALLY PAID DIRECTLY TO PNS FOR THE SPECIFIC CONSUMER SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT.

FOR BUSINESS USERS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ALL PNS PARTIES ARISING OUT OF OR RELATING TO THE SERVICES, A CAMPAIGN, OR THESE TERMS WILL NOT EXCEED THE FEES ACTUALLY PAID TO PNS FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT, UNLESS A SIGNED ORDER FORM EXPRESSLY STATES A DIFFERENT CAP.

THE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, MISREPRESENTATION, RESTITUTION, OR OTHERWISE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT LIABILITY THAT CANNOT LAWFULLY BE LIMITED, INCLUDING LIABILITY FOR INTENTIONAL MISCONDUCT OR OTHER NONWAIVABLE MATTERS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME MAY NOT APPLY TO YOU.

28. Indemnification and Release

28.1 Indemnification by all users

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless the PNS Parties from claims, demands, proceedings, investigations, liabilities, damages, judgments, settlements, penalties, fines, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your use or misuse of the Services; (b) your breach of these Terms; (c) your violation of law or another person's rights; (d) your fraud, negligence, willful misconduct, or unauthorized activity; or (e) User Content you submit.

28.2 Additional indemnification by business users

Business users will additionally defend, indemnify, and hold harmless the PNS Parties from claims arising from campaigns, advertisements, products, services, destinations, offers, survey questions, promotions, messages, data collection, privacy practices, intellectual-property infringement, regulatory noncompliance, reward promises, customer disputes, taxes, or instructions supplied by or on behalf of the business user.

28.3 Procedure

PNS may control the defense and settlement of an indemnified matter. You must cooperate and may not settle a matter in a way that admits fault by, imposes obligations on, or fails to fully release a PNS Party without PNS's written consent. PNS may participate with counsel of its choice at its own expense.

28.4 Release

To the maximum extent permitted by law, you release the PNS Parties from claims arising from disputes between you and advertisers, merchants, reward providers, app stores, destination operators, other users, or other third parties. If you are a California resident, you waive California Civil Code Section 1542 and any similar law, which generally limits release of unknown claims, to the extent permitted by law.

29. Dispute Resolution, Arbitration, and Class Action Waiver

29.1 Informal dispute process

Before filing arbitration or a court action, the complaining party must send a written Notice of Dispute describing the name and contact information of the claimant, account email, facts, legal basis, requested relief, and a good-faith settlement demand. Notices to PNS must be sent by email to [email protected] and by certified mail to the address in Section 36. PNS may send notice to your account email.

The parties will attempt in good faith to resolve the dispute for 60 days after receipt. During that period, either party may request an individual telephone or video settlement conference. Limitations periods are tolled during the 60-day process to the extent permitted by law.

29.2 Agreement to arbitrate

Except for claims excluded below, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, Supplemental Terms, the Services, a campaign, rewards, Pulse, an account, communications, or the relationship between you and PNS will be resolved by final and binding individual arbitration under the Federal Arbitration Act.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules for consumer disputes or Commercial Arbitration Rules for business disputes, together with any applicable Mass Arbitration Supplementary Rules, as modified by these Terms. If AAA is unavailable or declines administration, the parties will select another nationally recognized administrator; if they cannot agree, a court may appoint one under applicable law.

29.3 Arbitration procedure

A single neutral arbitrator will decide the dispute. The arbitrator may award any individual remedy available in court, including attorneys' fees when authorized by law, but may not award relief for persons other than the individual claimant. Consumer hearings may occur by video, telephone, documents, or in the county where the consumer resides, unless the parties agree otherwise. Business hearings may occur remotely or in Palm Beach County, Florida, unless an order form states otherwise.

The arbitrator will issue a reasoned written decision. Judgment may be entered in any court with jurisdiction. Arbitration proceedings and materials must be treated as confidential except as needed to enforce an award, comply with law, consult professional advisers, or exercise a legal right.

29.4 Fees

Consumer arbitration fees will be allocated under the AAA Consumer Rules and applicable law. PNS will pay amounts the company is required to pay. If the arbitrator finds that a consumer claim was frivolous or brought for an improper purpose, fees may be allocated as permitted by applicable rules and law. Business arbitration fees will be allocated under the applicable commercial rules or order form.

29.5 Claims not subject to arbitration

Either party may bring an individual claim in small claims court if it qualifies and remains individual. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, accounts, systems, security, or prevent unauthorized access or misuse while arbitration is pending. Claims that cannot lawfully be arbitrated, including any nonwaivable right to public injunctive relief, may proceed in a court of competent jurisdiction only to the extent required by law.

29.6 Authority to decide enforceability

The arbitrator will decide issues concerning interpretation, scope, applicability, or enforceability of this arbitration agreement, except that a court will decide disputes concerning contract formation, whether a party validly opted out, and enforceability of the class action waiver.

29.7 Individual proceedings; class action waiver

YOU AND PNS AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING, EXCEPT THAT THE AAA MAY ADMINISTER INDIVIDUALLY FILED CASES UNDER ITS MASS ARBITRATION SUPPLEMENTARY RULES WHEN THOSE RULES APPLY. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR AWARD CLASS-WIDE OR NON-INDIVIDUAL RELIEF WITHOUT THE WRITTEN AGREEMENT OF ALL PARTIES.

29.8 Coordinated filings

If 25 or more similar demands are filed or threatened by the same or coordinated counsel or organizations, the parties agree that the AAA Mass Arbitration Supplementary Rules apply. Each claimant must satisfy the informal process and submit an individualized, signed demand containing claimant-specific facts. The parties will cooperate with the administrator's process arbitrator and procedures intended to ensure fair and efficient administration. Nothing in this subsection converts an individual arbitration into a class or representative action.

29.9 Jury trial waiver

FOR ANY DISPUTE THAT PROCEEDS IN COURT, YOU AND PNS KNOWINGLY AND VOLUNTARILY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY.

29.10 Opt-out right

You may opt out of arbitration by sending a written notice within 30 days after first accepting these Terms. The notice must include your full name, account email, mailing address, a clear statement that you opt out of arbitration, and your signature. Send it to [email protected] and by mail to PNS Communications, LLC, Attn: Arbitration Opt-Out, 255 Primera Blvd Suite 160 Lake Mary, Fl 32746. Opting out will not affect your ability to use the Services, but all other Terms remain effective. An opt-out applies only to the person who timely submits it and not to later accounts or organizations unless expressly identified.

29.11 Time limit for claims

To the maximum extent permitted by law, any claim must be filed within one year after the claimant knew or reasonably should have known of the facts giving rise to it, or it is permanently barred. This does not shorten a limitations period that cannot lawfully be shortened.

29.12 Changes to arbitration terms

If PNS materially changes this Section after you accepted it, PNS will provide notice. The change will not apply to a dispute for which PNS received a valid Notice of Dispute before the change. You may reject a material arbitration change by following the opt-out instructions in the notice within the stated period; rejection will not affect the remainder of the Terms.

30. Governing Law and Court Venue

These Terms and any dispute are governed by the Federal Arbitration Act and, to the extent state law applies, the laws of the State of Florida, without regard to conflict-of-law rules, except that nonwaivable consumer-protection rights of your state of residence remain applicable.

For claims not subject to arbitration or properly brought in court, you and PNS consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Palm Beach County, Florida, except that an eligible individual small-claims action may be filed in a court of proper jurisdiction. You waive objections based on venue, inconvenience, or lack of personal jurisdiction to the extent permitted by law.

31. Electronic Communications and Notices

You consent to receive agreements, disclosures, notices, records, security messages, account communications, reward information, and other communications electronically through email, the Services, push notification, or another electronic method. Electronic communications satisfy legal writing requirements to the extent permitted by law.

You are responsible for maintaining a valid email address and checking communications. Notices are effective when sent to the email associated with your account, posted conspicuously in the Services, or delivered through another method reasonably calculated to provide notice.

Marketing messages are subject to applicable consent and opt-out rights. Opting out of marketing does not stop transactional, security, legal, account, or reward communications.

32. Additional Mobile App Store Terms

32.1 Apple App Store

If you obtained a Zexci application through Apple's App Store, these additional terms apply:

• These Terms are between you and PNS, not Apple. PNS, not Apple, is solely responsible for the application and its content, subject to these Terms.
• The license is limited to a non-transferable license to use the application on Apple-branded products that you own or control, as permitted by the Apple Media Services Usage Rules, including applicable Family Sharing or volume-purchase rights.
• Apple has no obligation to provide maintenance or support. PNS is responsible for maintenance and support only to the extent required by these Terms or applicable law.
• If the application fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation.
• PNS, not Apple, is responsible for addressing claims relating to the application, including product-liability, regulatory, consumer-protection, and intellectual-property claims, subject to these Terms.
• You represent that you are not located in a country subject to a U.S. government embargo and are not listed on a U.S. government restricted-party list.
• You must comply with applicable third-party terms when using the application.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the Apple-specific provisions upon your acceptance.

32.2 Google Play

If you obtained a Zexci application through Google Play, these Terms are between you and PNS, not Google. Google is not responsible for the application, support, warranties, claims, or content. Your use is also subject to applicable Google Play terms and policies. Google may be a third-party beneficiary only to the extent required by applicable Google Play terms.

32.3 App-store billing and account rules

App-store purchases, refunds, family sharing, subscriptions, and device usage may be subject to the app store's rules. If an app-store requirement conflicts with these Terms, the app-store requirement controls only to the extent necessary for distribution through that store.

33. Export Controls, Sanctions, and Legal Compliance

You must comply with U.S. export-control, sanctions, anti-boycott, anti-corruption, and trade laws. You may not access or use the Services if you are located in, ordinarily resident in, or controlled by a comprehensively sanctioned jurisdiction, or if you are listed on a U.S. restricted-party list, except as authorized by law.

You may not export, re-export, transfer, release, or use the Services, software, encryption, technical information, or related materials in violation of applicable law. You represent that your use will not support prohibited weapons, terrorism, unlawful surveillance, or other prohibited end uses.

34. Changes to These Terms

PNS may update these Terms to reflect changes in law, Services, technology, security, business operations, or risk. The updated Terms will state a new "Last Updated" date.

For material changes, PNS will provide reasonable notice through email, the Services, or another appropriate method. Unless a notice states otherwise, changes become effective on the stated effective date. Your continued use after the effective date constitutes acceptance, except where law requires affirmative consent.

If you do not agree to updated Terms, you must stop using the Services and may close your account. Changes do not retroactively alter accrued payment obligations, completed transactions, or a dispute already subject to a valid Notice of Dispute, except as required by law or agreed in writing.

35. General Contract Terms

35.1 Entire agreement

These Terms, the Privacy Policy, applicable Supplemental Terms, and any signed order form constitute the entire agreement concerning the Services and supersede prior or contemporaneous communications on the same subject, except for a separately signed agreement that expressly survives.

35.2 Assignment

You may not assign or transfer these Terms, an account, rewards, or rights without PNS's prior written consent. PNS may assign these Terms, in whole or part, to an affiliate or in connection with a merger, financing, reorganization, sale of assets, operation transfer, or similar transaction. An unauthorized assignment is void.

35.3 Severability

If a provision is held invalid or unenforceable, it will be enforced to the maximum permissible extent and the remaining provisions will remain effective, except as specifically stated in the arbitration section regarding the class waiver.

35.4 No waiver

Failure to enforce a provision is not a waiver. A waiver must be in writing and signed by an authorized PNS representative. A waiver on one occasion does not waive later enforcement.

35.5 Force majeure

PNS is not liable for delay or failure caused by events beyond reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, utility or network failures, cyberattacks, blockchain or cloud failures, app-store actions, governmental orders, sanctions, supply shortages, or third-party service interruption.

35.6 Relationship

These Terms do not create an employment, agency, fiduciary, partnership, joint venture, franchise, or exclusive relationship. Neither party may bind the other except as expressly authorized in writing.

35.7 No third-party beneficiaries

Except for the PNS Parties, indemnified persons, Apple and its subsidiaries as stated in Section 32, and any other expressly identified beneficiary, these Terms create no third-party beneficiary rights.

35.8 Interpretation

Headings are for convenience only. "Including" means "including without limitation." Singular includes plural and vice versa. These Terms will be interpreted fairly and not against a party merely because that party drafted them. English controls over any translation unless required otherwise by law.

35.9 Survival

Provisions that by their nature should survive termination will survive, including payment, intellectual property, licenses necessary for retained content, disclaimers, limitations of liability, indemnification, releases, dispute resolution, governing law, and general contract terms.

36. Contact Information

Questions about these Terms, legal notices, and formal communications may be directed to: