Aurora TERMS AND CONDITIONS

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Version 1.0

Last updated: May 23, 2025

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Welcome to the platform ‘Aurora’ (“Platform” or “Aurora”) by Pixxel Space Technologies, Inc. (“Pixxel”, “us” “we” or “our”). The following Terms of Service (the “Terms”) govern your use of our Platform, our application program interfaces (“APIs”), our software development kits (“SDKs”) and our collaboration tools (collectively the “Services”).

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1. Agreement to these Terms

By using the Services, you agree to be bound by the terms laid down herein (“Terms”). If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In which instance, “you” and “your” will include said company or any other legal entity

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2. Changes to the Terms or Services

We reserve the right to modify the Terms at our sole discretion. Any such modifications shall be communicated through an update notification as and when applicable. If you continue to use the Services after said change, you are providing your implied consent to the modified Terms. We may also change or discontinue all or any part of the Services, at any time and without notice or liability, at our sole discretion.

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3. Service Terms

1. Use of Services: You may only use the Services for the purposes permitted hereunder, and in the manner provided herein. In no instance will any such usage of Services be utilised for unlawful acts under any applicable law.
2. Use Restrictions: Except as otherwise expressly authorized in the Terms herein, you agree to ensure your employees, contractors, and other persons associated with your Aurora account (“Authorized Users”) do not, and will not encourage or assist third parties to: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Services (except to the extent that such a restriction is impermissible under applicable law); (ii) provide, sell, resell, transfer, sublicense, lend, distribute, rent, or otherwise allow others to accessor use the Services; (iii) copy, modify, create derivative works of, or remove proprietary notices from the Services; or (iv) circumvent any technical limitations implemented by Pixxel.
3. Authorized Users: As part of the registration process, you will identify an administrative username and password for your Aurora account. You represent and warrant that all registration information you provide is truthful, accurate, and complete, and that you will maintain the accuracy of such information. You are responsible and liable for maintaining control over your account, including the confidentiality of your username and password, and are solely responsible and liable for all activities that occur on or through your account and all Authorized Users’ accounts.
4. Feedback: We welcome your constructive feedback, comments, and suggestions (“Feedback”). As your Feedback enables us to improve our Services, you hereby irrevocably transfer and assign all right, title, and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback. Additionally, Pixxel will have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services, and related systems and technologies, and, during and after the term, to use such data and information to maintain, improve, and enhance any products or services.
5. Reservation of Rights: As between the parties, Pixxel owns all right, title, and interest in the Services, and you own all right, title, and interest in any application(s) and/or material(s) that are developed by you on the Services (“Customer Materials”). Except as expressly set forth in these Terms, each party retains all right, title, and interest in and to its intellectual property rights. All rights not expressly granted are reserved, and no license, covenant, immunity, transfer, authorization, or other right will be implied, by reason of statute, estoppel, or otherwise, under these Terms.

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4. License

License to Services. Unless otherwise agreed to in writing between you and us, and subject to these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, worldwide license to utilize the Services providedon the Platform.

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Your use of the Services is subject to the following restrictions:

1. jurisdictions that are embargoed or designated as supporting terrorist activities by the United States Government;
2. jurisdictions whose laws do not permit engaging in business with Pixxel or use of the Services for you to access and use the Services for your internal business or personal purposes, depending on your account type.

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5. Charges and Payment

1. ‍Pricing: Certain Services are offered in exchange for Credits which can be purchased through the Platform.
2. Payment Terms.
   
   1. Credits: When you purchase Credits for the use of various Services, you expressly authorize us or our third-party payment processor to charge you for suchServices in accordance with the payment mode of your choice.
   2. You represent and warrant that you have the legal right to use, and utilise the funds available from all payment modes that you provide to us.
   3. All fees are stated and solely payable in U.S. Dollars, are non-cancellable, non-refundable and are not subject to setoff.
   4. In the event that you fail to pay the full amount owed to us, we may limit your access to the Services, in addition to any other rights or remedies we may have.
3. Taxes. All fees do not include taxes, and you agree to:
   
   1. pay all sales/use, gross receipts, value-added, personal property, or other tax (including any interest and penalties) with respect to the transactions and payments under these Terms; and
   2. be responsible for any filing of any information or tax returns with respect thereto. If we were required to collect a tax and did not do so at the time of sale, we reservethe right to later charge you for the applicable tax.
4. Withholding. All payments made by you to us under these Terms exclude any deduction or withholding. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required by law, you will pay such additional amounts as are necessary so that the net amount received by us after such deduction or withholding will be equal to the full amount that we would have received if no deduction or withholding had been required. Each party will use commercially reasonable efforts to work with the other party to help obtain, reduce, or eliminate any necessary withholding, deduction, or royalty tax exemptions where applicable.

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6. Confidentiality

1. Confidential Information. We (the “Discloser”) have disclosed or may disclose proprietary or non-public information (“Confidential Information”) to you (the “Recipient”). Our Confidential Information may include information regarding features, functionality, and performance of the Services.
2. Obligations. The Recipient will not disclose the Discloser’s Confidential Information to parties other than the Recipient’s employees, contractors, affiliates, agents, or professional advisors (“Representatives”) who need to know it and who have a legal obligation to keep it confidential. The Recipient will ensure that its Representatives are subject to no less restrictive confidentiality obligations than those herein. Notwithstanding the foregoing, the Recipient may disclose the Discloser’s Confidential Information: (a) if directed by Discloser; or (b) to the extent required by applicable legal process, provided that the Recipient uses commercially reasonable efforts to (i) promptly notify the Discloser in advance, to the extent permitted by law, and (ii) comply with the Discloser’s reasonable requests regarding its efforts to oppose the disclosure. The obligations set forth herein will survive for so long as these Terms are in effect between the parties and for five years thereafter.

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7. Warranties and Disclaimers

1. In the event of any loss or corruption of any data associated with the Services, Pixxel will use commercially reasonable efforts to restore the lost or corrupted data from the latest relevant backup maintained by Pixxel. Except for the foregoing, Pixxel will not be responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of any data on the Platform or any services related thereto.
2. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Services, or data retention and preservation. Except as set forth in sectionn 7.1, the Services are provided on an “as is” basis, and we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose or non-infringement.
3. Non-Pixxel resources. Pixxel does not warrant or support, and will not have any responsibility or liability of any kind for any other application(s) or material(s) that are developed by a party outside of Pixxel, including design files, plugins, widgets, component libraries, and code components (collectively, “Non-Pixxel resources”). Non-Pixxel resources are provided by third parties and any use of Non-Pixxel resources is solely between you and the applicable third-party provider. Pixxel disclaims all responsibility or liability for such third party’s actions or omissions.

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8. Indemnity

You will indemnify and hold harmless Pixxel and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Platform or Services; (ii) your Customer Materials; (iii) your violation of these Terms, or (iv) your use of third party resources.

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9. Limitations of Liability

In no event shall Pixxel, its affiliates, or any supplier of Pixxel be liable to you or any of your Authorized Representatives under this agreement for any consequential, indirect, special, punitive or exemplary damages, including, but not limited to, any loss-of-profit, business interruption, loss of opportunity, loss of goodwill, or other such damages, under any theory of liability. Further, in no event shall Pixxel’s liability to you exceed in the aggregate of the payments actually received by Pixxel from you during the preceding six (6) months of such liability arising.

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10. Termination

1. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice or liability to you, provided that if we freeze your account and the termination is not due to your breach of these Terms, we will provide you a pro rata refund of pre-paid unused fees unless, in our reasonable estimation, we are not legally permitted to do so.
2. Upon any termination, discontinuation, or cancellation of Services or your Aurora account, the following provisions of these Terms will survive: Service Terms, Confidentiality; Warranties and Disclaimers; Indemnity; Limitations of Liability; Termination; and the Miscellaneous provisions under Section 11. Furthermore, we may remove or delete your Customer Materials within a reasonable period of time after the termination or cancellation of Services or your Aurora account.

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11. Miscellaneous

1. Privacy Policy. Our Privacy Policy governs how we collect, use and disclose information with respect to the Platform and Services.
2. Copyright and IP Policy. Pixxel respects copyright law and expects its users to do the same. Pixxel’s Copyright and IP Policy applies to you and is available at www.pixxel.com/copyright-and-ip-policy.
3. Trademark Guidelines. Pixxel’s Trademarks shall not be utilized in any manner whatsoever not permitted under these Terms or expressly permitted inwriting between the Parties. These restrictions shall apply to any use of Pixxel’s Marks by you. If you or your Authorized Users are permitted to use Pixxel’s Marks, you will comply with, and will ensure your Authorized Users comply with all applicable Intellectual property and trademark laws.]
4. Force Majeure. Pixxel will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond its reasonable control, so long as it uses commercially reasonable efforts to avoid or remove those causes of non-performance. If Pixxel believes in good faith that it is legally prohibited from providing you or your Authorized Users with the Services, we may freeze your account and/or cancel your subscription at Pixxel’s sole discretion.
5. Notices. Any notices or other communications provided by Pixxel under these Terms, including those regarding modifications to these Terms, will be given by Pixxel: (i) via e-mail; or (ii) by posting to the Pixxel website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
6. Severability. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision hereof and it is the intent and agreement of the parties that these Terms will be deemed amended by modifying such provision to the extent necessary to render it valid, legal, and enforceable while preserving its intent or, if such modification is not possible, by substituting another provision that is legal, enforceable and achieves the same objective.
7. Assignment. These Terms (and your access to any of the Services on the Platform) are not assignable or transferable by you without our prior written consent. Any purported assignment in violation of this section is null and void.
8. Service Providers. For the avoidance of doubt, Pixxel may engage third parties as service providers to the Services.
9. No Partnership. No agency, partnership, joint venture, or employment is created as a result of these Terms, and neither party has any authority of any kind to bind the other party in any respect whatsoever.
10. Governing Law. These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
11. Dispute Resolution. The parties shall attempt in good faith to promptly resolve disputes arising out of our relating to this Agreement. The parties authorized representative shall attempt to resolve a dispute within thirty (30) business days of such request for dispute resolution being raised. If the dispute is not resolved within the specified time frame and the parties have not agreed to extend the timeline, either party may pursue a judicial remedy. Notwithstanding the foregoing or any other provision of this Agreement, either party may pursue immediate injunctive relief against improper use or disclosure of confidential or proprietary information.

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If you have any questions about these Terms & Conditions, You can contact us via email at legal@pixxel.co.in