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Terms of Service

(Version: 4.3 – Effective November 25th, 2025)
Welcome to Weavix! These Terms of Service govern each Order Form (each an “Approved Order”) that is issued by Weavix and your use of our Service, Resources and Accessories contained in each Order Form so please read them carefully.

The following capitalized terms are used frequently in this document and are defined below for your convenience:

“Accessories” means devices offered by Weavix that integrate with or compliment Weavix Hardware but are not included in the Service.

“Accounts” means the administrator accounts Customer creates to access the Hosted Software.

“Analytics Data” means Usage Data and Message Data extracted, collected, submitted, stored, uploaded, or captured by the Service as well as analysis, reports, visualizations and alerts generated by the Service containing such data.

“API” means the ability to integrate software data from the Weavix Apps or Hosted Software with other Customer systems.

“Apps” means the software application installed on the Walt Smart Radio or software applications distributed by Weavix though Google Play or the Apple App Store to be used on iOS and Android mobile devices.

“App User” means employees of Customer and Affiliates and/or contractors whom Customer authorizes to use the Apps strictly on its behalf.

“Customer” means the legal entity, together with its Subsidiaries and Affiliates, that is accepting these Terms and entering into Approved Orders.

“Customer Data” means Customer-specific data captured by Customer’s use of the Service (Message Content, Message Data and Usage Data), data submitted by, or on behalf of Customer into the Service, and the analysis, reports and alerts generated by the Service containing such data. For the avoidance of doubt Customer Data shall not be construed to contain Analytics Data.

“Firmware” means software embedded in or otherwise running on Weavix Hardware.

“Hardware” means Weavix hardware devices such as the Walt Smart Radio, Wrangler Mass-Charging Cradle, and any improvements, developments, modifications, patches, updates and upgrades thereto that Weavix develops or provides.

“Hosted Software” means the Weavix cloud-hosted software platform including the administrator tools and consoles accessed by Accounts via the Weavix web-interface.

“Initial Term” means the length of the initial subscription period as recorded in the Approved Order.

“Message Content” means the audio messages, images, videos, transcriptions and translations generated by App Users while using the Service.

“Message Data” means the information created by the Service when a message is sent or received including date/time stamps, user and location information, message size, and message type.

“Order Form” means the applicable Quote or Purchase Order that contains the record of the Service, Resources and Accessories purchased by Customer. By entering into an Order Form hereunder, Customer agrees to be bound by these Terms.

“Purchase Order” means a purchase order or similar ordering document issued by Customer to Weavix and accepted by Weavix that records the purchase of Weavix Service, Resources and Accessories.

“Renewal Term” means any renewal term of the applicable Subscription following completion of the Initial Term.

“Resources” means the solution design, training, implementation, helpdesk support or other services that are provided by Weavix to Customer either at Customer’s location or remotely.

“Software” means collectively the Weavix Firmware, Apps and Hosted Software.

“Subscription” means the supply of Weavix Hardware and Software (collectively the Weavix “Service”) under a single subscription business model.

“Subscription End Date” means the later of (i) the date on which the Initial Term ends as recorded in the invoice related to the Approved Order and (ii) the end of the then-active Renewal Term.

“Subscription Start Date” means the date on which the Initial Term begins as recorded in the invoice related to the Approved Order.

“Terms” means these Terms of Service, together with any amendments, referenced policies or addenda that add to or modify these Terms of Service.

“Usage Data” means data generated by the Service as it is used by App Users, including login and logout date and time stamps of App Users and location information.

“WeCare” means the full lifecycle support service provided by Weavix for Hardware. WeCare™ is an integral part of the Service including warranty and RMA policies as set forth at https:///

These Terms shall govern the delivery, servicing and licensing of any Service, Resources or Accessories specified in an Approved Order. By ‘clicking a box’ indicating your acceptance of these Terms, or by executing an Approved Order or other contract that references these Terms you accept and agree to be bound by these Terms. Any capitalized terms not defined in these Terms shall be defined as set forth in the applicable Approved Order. To the extent that there is an inconsistency between these Terms and any Approved Order, the Approved Order shall control with respect to the specific Service, Resources or Accessories listed in that Approved Order. These Terms, together with the applicable Approved Order, supersede any prior agreements, proposals, or other communications, oral or written, between the parties with respect to the Service, Resources and Accessories specified in that Approved Order. These Terms, together with the applicable Approved Order, supersede all documents, including any purchase orders issued by Customer with respect to Service, Resources and Accessories to be provided by Weavix and any additional or different terms or conditions included on any such documentation are hereby expressly rejected by Weavix.

Weavix provides all Hardware and Software as a Subscription model. Ownership of all Hardware remains with Weavix throughout the duration of the Subscription. Weavix grants to Customer for the duration of the Subscription, a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Software limited to the number of users specified in the Approved Order.

Customer shall not: (i) resell, sublicense, “white label”, lease, time-share or otherwise make the Service available to any third party; (ii) use the Service to send or store infringing or unlawful material; (iii) use the Service to send or store viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (iv) attempt to gain unauthorized access to, or disrupt the integrity or performance of the Service or the data contained therein (including third party data, if any); (v) modify, copy or create derivative works based on the Service; (vi) reverse engineer decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service; (vii) access the Service for the purpose of building a competitive product or service or copying its features or user interface; (viii) use the Service, or permit it to be used, for purposes of product evaluation, benchmarking or other comparative analysis intended for publication without prior written consent from Weavix; or (ix) permit access to the Service by a direct competitor of Weavix.

WEAVIX RESERVES THE RIGHT, WITHOUT ANY LIABILITY, TO DISABLE CUSTOMER’S ACCESS TO THE SERVICE IN THE EVENT OF ANY MATERIAL BREACH BY CUSTOMER OR ITS USERS, OR ANYONE ACTING ON CUSTOMER’S BEHALF, OF THE PROVISIONS OF THIS LIMITED LICENSE GRANT.

Weavix reserves the right to make changes to its hosting and technical infrastructure during the Order Term as deemed reasonably necessary by Weavix provided such changes will not materially degrade the performance or functionality of the Service or materially alter the security of the Service. Customer will be advised of changes to the Service via release notes following any material changes/updates.

The Service is subscribed and licensed for the Initial Term specified in any Approved Order and is non-cancelable during that period. The Initial Term shall automatically renew at the end of the Initial Term, for recurring annual periods, unless Customer gives Weavix written notice of non-renewal at least sixty (60) days prior to the end of the Initial Term or any Renewal Term.

Upon renewal Weavix and Customer may agree to enter into a new Approved Order including additional quantities of Hardware, number of App Users or new Software to the extent mutually agreed. Weavix reserves the right to amend the pricing of the Service for any new Approved Orders or Renewal Terms.

Following receipt of any notice of non-renewal Weavix will advise the Hardware that must be returned, deadlines for returns and charges associated with Hardware that is not returned by Customer.

Weavix may terminate these Terms, any Approved Order, and your access to and use of the Service at its sole discretion, at any time upon notice to you. If Weavix terminates for its convenience and not as otherwise set forth in these Terms or the applicable Approved Order or due to your breach thereof, then Weavix shall refund Customer for any portion of the Subscription term paid for by Customer for which the Service will not be available.

Upon termination or expiration of these Terms, the following sections of the Terms will survive:

Weavix shall use commercially reasonable efforts to make the Service available for access and use by the Customer over the Internet and subject to those factors which are within the scope of control of Weavix, as defined below. Customer access to the Service via the Internet is available 24 hours each day and 365 days per year. The meaning of “available” is defined as the Customer and/or authorized users can successfully access the Weavix web portal running the Hosted Software specific to the Customer via a standard Internet connection. Weavix is not responsible for the inability of Customer to access the same web portal if the circumstance is not within the Weavix scope of control.

Items or events which are not within the scope of control of Weavix, include but are not limited to:

i. hardware and related software owned by Customer or its agent and located in facilities not under Weavix operational control (e.g., servers, operating systems, storage, wireless access points, firewalls);

ii. connections over the Internet or other communication channels from the systems of Customer to the point of connection with Weavix;

iii. connections over public cellular networks to the point of connection with Weavix;

iv. failure by Customer, as applicable, to implement any patches or updates notified to Customer by Weavix if implementation would have avoided the issue;

v. problems caused by activities taken by Customer or its authorized users with respect to networks or systems unless such activities were formally agreed to in writing and in advance with Weavix;

vi. changes made by Customer or its users to Hardware, Apps or Hosted Software without following requirements specified by Weavix in any documentation;

vii. use of the Service other than in the manner specified in any documentation, including failure to use any APIs specified by Weavix;

viii. failure of critical infrastructure relating to Customer including but not limited to electrical systems, internet connections or other utility failures.

Weavix provides a warranty for Hardware as set forth in the WeCare agreement.

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OR THE APPLICABLE APPROVED ORDER, WEAVIX MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH ANY HARDWARE AND ACCESSORIES (WHETHER MANUFACTURED BY OR ON BEHALF OF WEAVIX OR OTHERWISE), SOFTWARE (WHETHER PROVIDED BY WEAVIX OR OTHERWISE) OR RESOURCES PROVIDED UNDER THAT APPROVED ORDER. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL HARDWARE, ACCESSORIES AND RESOURCES ARE PROVIDED TO CUSTOMER ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WEAVIX DOES NOT REPRESENT THAT THE USE OF THE SERVICE, ACCESSORIES AND RESOURCES WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED.

Weavix continuously improves the Service and may from time to time (i) update the Software and cause Firmware updates to be automatically installed onto Hardware; (ii) update the Apps; (iii) upgrade Hardware to newer models. Weavix may change or discontinue all or any part of the Service, including changing, discontinuing, or removing features included in Software at any time and without notice, at Weavix’s sole discretion. If Weavix discontinues the support of a Hardware model without offering to replace with an updated or comparable version or model, either party may terminate the applicable Approved Order. Updates or upgrades may include security or bug fixes, performance enhancements, or new functionality, and may be issued with or without prior notification to Customer. Customer hereby consents to such automatic updates.

Customer shall be solely responsible for administering and protecting Accounts and API tokens. Customer agrees to provide access to the Hosted Software only to authorized users and to require such users to keep account login information, including names and passwords, strictly confidential and not provide such Account login information to any unauthorized parties. Customer is responsible for maintaining the confidentiality of passwords and is responsible for all activities that occur using the passwords. Customer agrees not to share passwords, let others access or use passwords or do anything else that might jeopardize the security of passwords. Customer agrees to notify Weavix if a password is lost, stolen, if the user is aware of any unauthorized use of a password, or if Customer knows of any other breach of security in relation to the Hosted Software.

Customer shall retain all ownership rights in any Customer Data gathered and stored by the Service, provided that Customer grants Weavix a non-exclusive, worldwide royalty-free, fully paid-up license (including the right to sublicense through multiple tiers) to use, reproduce, distribute and modify any Customer Data, in whole or in part, as necessary to provide the Service and to evaluate Service performance by way of Analytics Data.

Analytics Data is used to optimize and enhance use of the Service with relevant predictive data, analytics, and reports and can be collected and stored in whole or in part on the Service. For the avoidance of doubt, Analytics Data does not include any part of the Service which may be licensed under these Terms. Weavix retains the rights, title, and interest in the Analytics Data that is submitted, collected, extracted, stored, posted, or otherwise transmitted, in the course of use of the Service by Customer under an Approved Order. Weavix has the right to use the Analytics Data (a) to extract, collect, use, copy, reproduce, store, host, maintain, transmit, modify, process, analyze, conduct machine learning and/or predictive analytics on, disclose, and create derivative works of Analytics Data to the extent necessary to provide the applicable Service to Customer; and (b) to extract, collect, use, copy, reproduce, store, host, maintain, transmit, modify, process, analyze, conduct machine learning and/or predictive analytics on, disclose, and create derivative works from Analytics Data (i) to improve, optimize, and enhance the experience of the Service, and (ii) for other development, diagnostic, corrective, and quality-assurance purposes in connection with the Service. When Analytics Data is disclosed to third parties, Weavix agrees that such data shall be provided only in anonymized and aggregated form, and that Weavix will not reveal the name of Customer as the source of the data to a third-party unless required by law or with consent from Customer. Weavix also agrees to take appropriate action to ensure that Analytics Data will not be accessed by unauthorized third parties or collected, used, or disseminated in a manner inconsistent with applicable law or these Terms.

Weavix warrants that it has the right and authority to provide the Service made available to Customer by Weavix. Customer acknowledges and agrees, as between Weavix and Customer, Weavix will own all right, title and interest in the Service and any other materials furnished or made available by Weavix hereunder, including all modifications and enhancements thereof, including, but not limited to, all rights under copyright and patent and other intellectual property rights. There are no implied rights or licenses granted under these Terms, except as explicitly provided to Customer herein, and nothing in these Terms transfers any ownership interest in any intellectual property embodied in any Service hereunder. Customer grants to Weavix a nonexclusive, royalty-free, worldwide license to use the Customer Data and perform all acts with respect to the Customer Data as may be necessary for Weavix to provide the Service to Customer, and a non-exclusive, transferable, sub-licensable, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, distribute, perform and display the Customer Data as a part of Weavix Analytics Data. Weavix may monitor Customer’s use of the Service and use data and information related to such use including to compile statistical and performance information related to the provision and operation of the Service to monitor compliance by Customer and Customer users with the Terms.

Weavix does not control, verify, or endorse any Message Content that Customer or any App User provides in connection with the Service. App Users may not submit, upload, post or otherwise make available content protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on Customer. Customer shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, patents, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Message Content. Customer agrees to not provide, make available or transmit content for use with the Service that: (i) is in breach of confidentiality or privacy obligations, or those of a third party; (ii) encourages or constitutes conduct that would be deemed a criminal offense, gives rise to a civil liability, or otherwise is contrary to the law in any jurisdiction; (iii) is harmful to any software or hardware, including, and without limitation, computer viruses, Trojan horses, corrupted data, or other technology, code or data; or (iv) violates the intellectual property rights of others.

Customer payment and billing terms are set forth in the Approved Order. Unless otherwise stated in the Approved Order all Weavix invoices are payable by electronic transfer in United States dollars. Late payments may be assessed and will be calculated as one and one-half percent (1.5%) of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date payment was due until the date paid. Customer shall reimburse Weavix for all reasonable costs, including all court cost and attorney fees, incurred by Weavix in collection of delinquent amounts not subject to a reasonable and good faith dispute. Weavix reserves the right to suspend all Services related to invoices that remain unpaid by Customer more than 30 days past the invoice due date.

Customer is responsible for any direct or indirect local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, sales, use or withholding taxes related to any Approved Order (collectively, “Taxes”). Customer is responsible for providing to Weavix any applicable tax exemption documentation at the time an Approved Order is signed. If Weavix has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, Weavix shall invoice Customer and Customer shall reimburse Weavix for any Taxes paid or payable on behalf of Customer. Unless required by applicable law, Weavix will not provide retroactive refunds of Taxes paid by Customer if tax exemption documentation was not provided to Weavix prior to invoicing.

All shipments of Hardware and Accessories are made FOB origin, freight prepaid and charged back under Incoterms (2020). Customer is responsible for confirming that each “Ship To” delivery address specified in the Approved Order is accurate and that any individual accepting delivery at that address is authorized to do so on Customer’s behalf.

“Confidential Information” means any information that the receiving party knows or has reason to know (either because such information is marked or otherwise identified by the disclosing party orally or in writing as confidential or proprietary, has commercial value, or because it is not generally known in the relevant trade or industry) is being provided by the disclosing party with an expectation that it be treated as confidential and not disclosed to others. The existence and terms and conditions of these Terms, all Order Forms and all Approved Orders shall be treated as Confidential Information of Weavix. Each party agrees that it will not use, copy or reproduce such Confidential Information other than to fulfill its duties and obligations under these Terms. The prohibitions contained in this Section will not apply to information (i) already lawfully known by the receiving party without restriction on disclosure prior to disclosure by the disclosing party, (ii) generally known to the public without the receiving party’s breach of any confidentiality obligations to the disclosing party, or (iii) lawfully obtained by the receiving party without restriction on disclosure from a third party who is not violating any confidentiality obligations to the disclosing party by making such disclosure. Neither party may disclose to third parties, other than its agents and representatives on a need-to-know basis in order to fulfill the receiving party’s duties and obligations under these Terms, any Confidential Information of the other party, without the prior written consent of the other party. Notwithstanding the foregoing, each party will be entitled to disclose the Confidential Information of the other party (a) to the extent required by applicable law or (b) the order of a court of competent jurisdiction, government agency or other legal process, provided that the disclosing party will, to the extent not prohibited, provide notice of such required disclosure and allow the non-disclosing party to object prior to the disclosure of the Confidential Information.

Weavix Indemnification. Weavix shall defend Customer against any claims, demands, suits, or proceedings made or brought against Customer by a third party (a “Claim”) alleging that any Service, Resources or Accessories provided by Weavix in the its original form, without modification, and used by Customer in accordance with applicable usage instructions from Weavix, infringes or misappropriates any intellectual property rights of a third party enforceable in the United States. Upon notice of a claim of intellectual property infringement or if, in the opinion of Weavix, a claim of intellectual property infringement is likely, Weavix shall have the right, at its sole option and expense, to: (a) procure for Customer the right to continue using the affected Service, Resources or Accessories under the terms of these Terms; (b) replace or modify the affected Service, Resources or Accessories claimed to be non-infringing without material decrease in functionality; or (c) if the foregoing options are not commercially reasonable, terminate these Terms and if applicable, refund Customer all prepaid fees for the remainder of its Subscription term after the date of termination. Weavix will pay any damages, losses, attorneys’ fees and costs awarded against Customer as a result of any Claim. The remedy set forth in this Section states the sole and exclusive obligation and liability of Weavix for intellectual property rights infringement or misappropriation of any kind.

Customer Indemnification. Customer shall defend Weavix against any Claim alleging that the Customer Data, or Customer’s use of any Service, Resources or Accessories in contradiction of usage instructions from Weavix or in violation of these Terms, infringes or misappropriates the intellectual property rights of, or has otherwise harmed, such third party. Customer will pay any damages, losses, attorneys’ fees and costs awarded against Weavix as a result of any such Claim.

Indemnification Procedure. The indemnified party will (i) promptly notify the indemnifying party in writing of any Claim for which indemnity is claimed, provided that failure to so notify will not remove the indemnifying party’s obligation except to the extent it is prejudiced thereby, (ii) allow the indemnifying party to solely control the defense of any Claim and all negotiations for settlement (provided that in no event may either party enter into any third-party agreements which would in any manner whatsoever affect the rights of, or bind the other party in any manner to such third party, without the prior written consent of the other party) and (iii) provide reasonable cooperation to the indemnifying party, at the indemnifying party’s sole expense, in defending the Claim.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM CUSTOMER’S USE OR RELIANCE ON THE SERVICE, RESOURCES OR ACCESSORIES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, BUSINESS INTERRUPTION, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR RELATED TO THESE TERMS AND/OR CUSTOMER’S USE OF THE SERVICE, RESOURCES OR ACCESSORIES, HOWEVER ARISING, EVEN IF A PARTY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

EXCEPT FOR THE PARTIES’ INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE DIRECT LIABILITY ARISING OUT OF AN APPROVED ORDER, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED A SUM EQUAL TO THE AMOUNTS ACTUALLY PAID BY CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY LESS ANY AMOUNTS PAID FOR PRIOR CLAIMS. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CUSTOMER AND WEAVIX AND WEAVIX WOULD NOT PROVIDE THE SERVICE, RESOURCES OR ACCESSORIES TO CUSTOMER ABSENT SUCH LIMITATIONS.

Customer acknowledges and agrees that Weavix retains all of its right, title, and interest in and to the worldwide intellectual property rights in the any Hardware or Software provided as part of the Service, except to the extent that such Hardware or Software which is provided as part of the Service are provided by a third party, which in such a case, the right, title, and interest in and to the worldwide intellectual property rights are retained by such third party. Without written consent, neither party may use the other party’s trademarks or logos (including any above referenced third party). However, either party may refer to the other party in its customer or vendor lists.

The parties are independent contractors, and no partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties is created hereby. There are no third-party beneficiaries to these Terms or any Approved Order.

Any notice required or permitted hereunder will be given in writing and delivered: (a) in the case of Customer, to the contact person listed on the relevant or latest Approved Order and (b) in the case of Weavix, to the contact person listed below, by either personal delivery, established overnight courier, facsimile transmission, certified or registered mail, or electronic delivery, receipt confirmed.

Weavix, Inc.
10811 E Harry
Wichita, Kansas 67207
Attn: General Counsel

Customer may not assign these Terms or any Approved Order or any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Weavix, and any such attempted assignment in violation of the foregoing will be void. These Terms and the corresponding Approved Order shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

In any action to enforce these Terms or an Approved Order, the prevailing party shall be awarded all court costs and reasonable attorneys’ fees incurred, including such costs and attorneys’ fees incurred in enforcing and collecting any judgment.

Neither Customer or any user may use the Service to: (i) harm others, engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) damage, disable, overburden, or impair the Service or any other software or service with which the Service interacts; (iii) resell or redistribute the Service; (v) use any unauthorized means to modify, reroute, or gain access to the Service; (vi) use any automated process or service to access or use the Service; or (vii) share passwords or other access information or devices or otherwise authorize, allow or enable any third party to access or use the Service.

Both parties shall strictly comply with all applicable laws and regulations relating in any manner to the distribution of Service, Resources and Accessories, including all applicable import and export laws, rules and regulations.

Weavix is not liable, responsible, nor shall be deemed to have defaulted under or breached these Terms for any failure to perform or delay in performing its obligations under these Terms due to an event of force majeure. An event of force majeure is any event or circumstance beyond Weavix’s control, such as war, terrorist attack, hostilities, act of God, earthquake, flood, fire, or other natural disaster, strike or labor conditions, material shortage, epidemic, disease, government action, or failure of utilities, transportation facilities, or communication systems.

No waiver of any provision of these Terms shall be effective unless in writing and signed by the party against whom the waiver is to be asserted. If any of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining terms shall remain in effect. Except as otherwise provided, remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. Except for Customer’s payment obligations, neither party shall be liable to the other for any delay or failure to perform hereunder (excluding payment obligations) due to circumstances beyond such party’s reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (excluding those involving such party’s employees), service disruptions involving hardware, software or power systems not within such party’s possession or reasonable control, and denial of service attacks.

These Terms and all Approved Orders shall be governed exclusively by the internal laws of the State of Kansas, without regard to its conflicts of laws rules, and all disputes hereunder shall be subject to the exclusive jurisdiction of the courts located in Sedgwick County, Kansas. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. No modification of any of these Terms shall be effective unless in writing and either signed or accepted electronically by an authorized representative of the party against whom the modification is to be asserted.