Terms of Use

Acceptance of Terms

By accessing or using Axom Devcom (the "Portal"), you agree to be bound by these Terms of Use ("Terms"). The Portal is owned and operated by Axom LLC ("Axom," "we," "us," or "our") and is provided exclusively to active clients for project collaboration, communication, and file management.

If you do not agree to these Terms, you must not access or use the Portal. These Terms supplement—and do not replace—any Master Services Agreement (MSA), Statement of Work (SOW), or other written agreement between you and Axom LLC.

Important: Axom Devcom is a client-only platform. Access is provided at Axom's sole discretion and may be revoked at any time.

Access and Account Security

Eligibility

Access to the Portal is restricted to authorized users designated by active Axom clients. You represent that you are authorized to access the Portal on behalf of your organization and that you are at least 18 years of age.

Account Credentials

You are responsible for maintaining the confidentiality of your login credentials, including your username and password. You agree to:

• Use strong, unique passwords and enable multi-factor authentication (MFA) if available.
• Immediately notify Axom if you suspect unauthorized access to your account.
• Not share your credentials with unauthorized individuals.
• Accept full responsibility for all activity that occurs under your account.

Access Restrictions

Axom reserves the right to limit, suspend, or terminate your access to the Portal at any time, with or without notice, including but not limited to situations involving:

• Violation of these Terms or any applicable agreement.
• Completion or termination of your service engagement with Axom.
• Suspected security threats or unauthorized use.
• Non-payment of invoices or other financial obligations.

Acceptable Use Policy

You agree to use the Portal solely for its intended purpose: collaboration on active Axom projects. You must not:

• Use the Portal for any unlawful, fraudulent, or unauthorized purpose.
• Upload, share, or transmit any content that is defamatory, harassing, abusive, threatening, hateful, discriminatory, or otherwise objectionable.
• Introduce malware, viruses, trojans, ransomware, or any malicious code.
• Attempt to gain unauthorized access to the Portal, other user accounts, or Axom's systems.
• Reverse-engineer, decompile, or attempt to extract source code from the Portal.
• Use automated tools (bots, scrapers, crawlers) to access or extract data from the Portal.
• Excessively burden the Portal's infrastructure through denial-of-service attacks, stress testing, or resource abuse.
• Impersonate Axom staff, other users, or any third party.
• Use the Portal to distribute spam, phishing attempts, or commercial solicitations.
• Violate any applicable local, state, national, or international law.

Content and Intellectual Property

Your Content

You retain ownership of any content, files, documents, images, or other materials you upload to the Portal ("Your Content"). By uploading Your Content, you grant Axom a limited, non-exclusive, worldwide license to:

• Store, display, and transmit Your Content as necessary to provide Portal services.
• Make backup copies for disaster recovery and business continuity.
• Use Your Content strictly for the purpose of fulfilling our contractual obligations to you.

You represent and warrant that you have all necessary rights to upload Your Content and that it does not infringe on any third-party intellectual property rights.

Axom's Intellectual Property

All software, design, code, branding, trademarks, logos, and other intellectual property related to the Portal remain the exclusive property of Axom LLC. You may not use, reproduce, or distribute Axom's intellectual property without prior written consent.

Project Deliverables

Ownership and licensing terms for project deliverables (websites, code, designs, documentation) are governed by your Master Services Agreement or applicable SOW. Deliverables made available through the Portal do not automatically transfer ownership unless explicitly stated in a signed agreement.

Data Usage and Privacy

Data Collection

Axom collects and processes certain data to operate the Portal and deliver services, including:

• Account information: Name, email address, company affiliation, and role.
• Usage data: Login activity, file uploads/downloads, page views, and feature interactions.
• Technical data: IP addresses, browser type, device information, and session metadata.
• Project data: Files, messages, comments, and other content you submit through the Portal.

How We Use Your Data

We use data collected through the Portal for the following purposes:

• Service delivery: To provide Portal functionality, manage projects, and communicate project updates.
• Support and troubleshooting: To respond to technical issues, account inquiries, and service requests.
• Security and compliance: To detect and prevent unauthorized access, fraud, or malicious activity.
• Product improvement: To analyze usage patterns and improve Portal features and performance.
• Internal communications: To send project-related updates, scheduling reminders, milestone notifications, and service announcements.
• Internal promotional purposes: With your consent, we may reference your organization or project outcomes in case studies, portfolio showcases, or marketing materials. We will seek explicit permission before publicly sharing identifying client information.

Data Sharing

We do not sell your personal data. We may share data with:

• Service providers: Trusted third-party vendors who assist with hosting, email delivery, analytics, and infrastructure management (e.g., Replit, Google Workspace, Airtable).
• Legal authorities: If required by law, regulation, court order, or government request.
• Business transfers: In the event of a merger, acquisition, or sale of assets, user data may be transferred as part of the transaction.

Data Retention

We retain your data for as long as your account is active or as needed to provide services. Following account deletion or contract termination, we may retain certain data for legal, tax, security, or operational purposes as required by law or our internal policies.

Your Rights

Depending on your jurisdiction, you may have rights to access, correct, delete, or restrict processing of your personal data. To exercise these rights, contact us at info@axomusa.com.

Security and Liability

Security Measures

Axom implements industry-standard security practices to protect the Portal and user data, including:

• Encrypted data transmission using HTTPS/TLS protocols.
• Secure storage of sensitive information with access controls and authentication mechanisms.
• Regular security assessments, monitoring, and updates to address vulnerabilities.
• Restricted access to production systems, limited to authorized personnel only.

Release of Liability for Security Issues

You hereby release and hold harmless Axom LLC, its officers, directors, employees, contractors, and affiliates from any and all liability arising from:

• Unauthorized access to your account or data resulting from compromised credentials, phishing attacks, social engineering, or user error.
• Security breaches, data breaches, or cyberattacks affecting the Portal or its underlying infrastructure, including those caused by third-party service providers.
• Loss, corruption, or unauthorized disclosure of data stored on or transmitted through the Portal.
• Service interruptions, downtime, or technical failures affecting availability or functionality.
• Vulnerabilities, exploits, or zero-day attacks that bypass existing security measures.

This release applies to the maximum extent permitted by law, even if such issues arise from negligence or failure to implement adequate safeguards. If your jurisdiction does not permit such releases, this provision shall be enforceable to the fullest extent allowed.

Your Security Responsibilities

Security is a shared responsibility. You agree to:

• Use strong, unique passwords and enable multi-factor authentication (MFA) when available.
• Protect your login credentials and not share them with unauthorized individuals.
• Promptly report any suspected security incidents or unauthorized access.
• Avoid uploading sensitive information (e.g., unencrypted passwords, financial data, health records) unless explicitly necessary for project work.
• Keep your devices and software up to date with the latest security patches.

Third-Party Platforms

The Portal may integrate with or rely on third-party services (e.g., Replit, Google Drive, Airtable). Axom is not responsible for the security, privacy practices, or availability of these third-party platforms. Your use of such services is governed by their respective terms and privacy policies.

Disclaimers and Limitations of Liability

No Warranty

THE PORTAL IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED ACCESS.

Axom does not warrant that:

• The Portal will be error-free, secure, or free from viruses or other harmful components.
• Access will be uninterrupted or available at all times.
• Defects or vulnerabilities will be identified or corrected promptly.
• Data stored on the Portal will be preserved indefinitely or remain accessible after account termination.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AXOM LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM:

• Your use of or inability to use the Portal.
• Unauthorized access to or alteration of your data.
• Loss of data, revenue, profits, or business opportunities.
• Service interruptions, downtime, or technical failures.
• Errors, bugs, or inaccuracies in Portal functionality.
• Third-party content, services, or integrations.

IN NO EVENT SHALL AXOM'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU (IF ANY) FOR ACCESS TO THE PORTAL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Force Majeure

Axom is not liable for delays or failures in performance resulting from events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, cyberattacks, infrastructure failures, or third-party service disruptions.

Termination and Suspension

Termination by Axom

Axom reserves the right to suspend or terminate your access to the Portal at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or any applicable agreement.
• Completion or termination of your service engagement with Axom.
• Non-payment of invoices or breach of contract.
• Disrespectful, abusive, or harassing conduct toward Axom team members (as outlined in our Communications Policy).
• Suspected security threats, fraud, or illegal activity.

Termination by You

You may request termination of your Portal access by contacting Axom at info@axomusa.com. Account deletion does not automatically terminate any outstanding contractual obligations or payment responsibilities.

Effect of Termination

Upon termination or suspension:

• Your access to the Portal will be immediately revoked.
• Axom may delete or archive Your Content in accordance with our data retention policies.
• You remain responsible for any outstanding fees, obligations, or liabilities incurred prior to termination.
• Provisions of these Terms that by their nature should survive (e.g., disclaimers, indemnification, intellectual property) will remain in effect.

Data Retrieval

You are responsible for exporting or backing up Your Content prior to account termination. Axom is not obligated to provide access to deleted accounts or restore data after termination.

General Provisions

Modifications to Terms

Axom reserves the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised "Effective Date." Continued use of the Portal after changes are posted constitutes acceptance of the revised Terms.

Governing Law

These Terms are governed by the laws of the State of Kentucky, United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Portal shall be resolved in the state or federal courts located in Fayette County, Kentucky.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with any applicable Master Services Agreement, Statement of Work, or other written agreement, constitute the entire agreement between you and Axom LLC regarding your use of the Portal.

No Waiver

Axom's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer your rights or obligations under these Terms without Axom's prior written consent. Axom may assign its rights and obligations at its discretion.