Terms of Service
READ
THE TERMS OF SERVICE OF THIS APPLICATION CAREFULLY BEFORE USING ANY SOFTWARE
PROVIDED BY XBACK INC.
These
Terms of Service (the “Agreement”, “These Terms”) for the xBack
software (including any associated documentation, the “Software”, “the Service”),
any other software or service provided through xBack
Inc, and all other online services and websites owned or operated by xBack Inc through which the software is made available is a
legal contract between the individual’s acceptance and agree to this Agreement
(“you”) and xBack Inc (“xBack,”
“we,” “our,” or “us”).
1.
Acceptance
By
using the Services, you are agreeing on behalf of yourself or those you
represent (“you”) to comply with and to be legally bound by the Agreement and
the Privacy Policy, including to be responsible for any charges arising from
your use of the Services. If you are using the Services on behalf of an
organization, you are agreeing to these Terms for that organization and
acknowledging that you have the authority to act on behalf of that organization
and commit to these Terms on behalf of that organization
By
creating an account for using our Services, you affirm that you are eighteen
(18) or more years of age or have the authority to act on behalf of a valid
legal entity, and you are fully able and have all rights and power to enter the
terms, conditions, obligations, affirmations, representations, and warranties
set forth in these Terms, and to abide by and comply with them.
Some
sections of these terms or the Privacy Policy may not apply to your specific
use of the Services. Thus, if you do not agree with any part of the Agreement
applicable to you, you may not use our Services.
2.
Modification
xBack may update the terms
from time to time without notice. Unless it is otherwise stated by us, each
update of the terms comes into force as the amended terms are published. If you
continue to use the services after these changes take effect, then you agree and
consent to our revised terms. The current version of the terms is available on our
website. You understand and agree that it is your obligation to review these terms
from time to time in order to stay informed on current
rules and obligations. Your continued use of the Services
will be deemed acceptance thereof. You can also end
your relationship with us at any time after the effective date of the updated
Terms by deleting your Account and/or not accessing our Services and websites.
3.
Subscriptions
Subscription
service statement for Apple IOS users
A.
Your
Apple ID account will be charged upon your subscription for a period that you
selected. Any unused portion of free trials will be forfeited upon the
subscription.
B.
Subscription
may be managed and cancelled at any time in Apple ID settings.
C.
Subscription
automatically renews unless the auto renew is turned off at least 24 hours
before the end of the period you subscribed.
D.
Account
will be charged for the renewal within 24 hours prior to the end of the current
period. No cancellation of the current subscription is allowed during active
subscription period.
Subscription
service statement for Android users:
A.
Your
account will be charged upon your subscription for a period that you selected.
Any unused portion of free trials will be forfeited upon the subscription.
B.
Subscription
may be managed and cancelled at any time.
C.
Subscription
automatically renews unless the auto renew is turned off at least 24 hours
before the end of the period you subscribed.
D.
Account
will be charged for the renewal within 24 hours prior to the end of the current
period. No cancellation of the current subscription is allowed during active
subscription period.
In
some cases, we or others on our behalf may offer a free trial for the Services
prior to charging your payment method. The duration of the free trial, its use
and other details will be specified during a sign-up and/or in the promotional
materials. We determine your free trial eligibility at our sole discretion, and
to the extent permitted under applicable law we may limit or withdraw the free trial
option at any time without notice. By subscribing to the Services, you agree to
become a subscriber for the period you have elected. xBack
reserves the right to amend subscription fees or institute new fees at any time
upon reasonable advance notice posted on the application, software of websites.
Any changes to the pricing will not affect the subscriber’s current
subscription period and will become effective upon subscription renewal.
Subscription purchases and refunds are handled via multiple third-party payment
companies.Your possibilities
to cancel the Subscription and/or get a refund may differ depending on whether
you purchased Services from or billed through us or a third party (e.g., app
store, service provider, retailer, etc.)
Each
subscription gives you one license to use our Service on up to 3 different
devices any time.
4.
User Policy
Whenever
you use the Services, you must comply with these Terms and applicable laws,
regulations, and policies.
In
order to
protect the Services from being misused or used to harm someone, xBack reserves the right to take appropriate measures when
our Services are being used contrary to these Terms and applicable laws. Your
access to and use of the Services and Websites is subject to the Terms and all
applicable laws and regulations. We reserve the right, at any time, in our sole
discretion, with or without notice, to suspend and/or terminate the Accounts
and/or Services to any users who violate any applicable laws or these Terms. You
agree that xBack may restrict access to any part of
the Services, terminate your Account, or take any other legal measure provided
by law, without providing a refund for Services already paid, if we believe at
our absolute discretion that you have misused the Services.
In
using our Services, you agree not to:
a)
Send
or transmit unsolicited advertisements or content over the Services.
b)
use
any robot, spider, scraper, or other automated means to access our websites or
Services for any purpose without our prior written permission;
c)
Send,
post, or transmit over the Services any content which is illegal, hateful,
threatening, insulting, deceptive or defamatory; infringes xBack
or third parties’ intellectual property rights; invades privacy; or incites
violence or any unlawful behaviours.
d)
exploit
children in any way, including audio, video, photography, digital content, etc.;
e)
Upload,
download, post, reproduce, or distribute any content protected by copyright or
any other proprietary right without first having obtained permission from the
owner / licensor of the proprietary content.
f)
Upload,
download, post, reproduce, or distribute any content that includes sexual or
explicit depictions of minors, or content that is similarly restricted /
prohibited in your country.
g)
Engage
in any conduct that restricts or inhibits any other Subscriber from using or
enjoying the Services.
h)
Attempt
to access, probe, or connect to computing devices without proper authorization
(i.e., any form of “hacking”).
i)
Attempt
to compile, utilize, or distribute a list of IP addresses operated by xBack in conjunction with the Services.
j)
Use
the Services for anything other than lawful purposes.
k)
threaten,
stalk, harm, or harass others, or promote bigotry or discrimination;
5.
Licenses
Subject
to your compliance with these Terms, xBack grants to
you a limited license to download and use the Services. Modifying, distributing
to unauthorized parties, reverse engineering, or otherwise using the Services
in any way not expressly authorized by xBack in these
Terms is strictly prohibited.
Usage
of any material which is subject to xBack’s
intellectual property rights is prohibited unless you have been provided with
explicit written consent by xBack. Nothing contained
within or related to the Services or in these Terms shall be construed as granting,
by implication or otherwise, any license or right to any of xBack’s
intellectual property rights.
6.
Third-Party services
xBack may provide you with
content belonging to third parties or links leading to third-party websites. xBack is not responsible for the availability of the
content provided by third parties as they are not under the control or
supervision of xBack, and they may have different
terms of use and policies. Your access through our Services to any website,
service, or content provided by third parties does not indicate any
relationship between xBack and such third parties.
7.
Disclaimers
We
will strive to prevent interruptions to the Site or the Services. However, we
do not warrant, either expressly or by implication, the accuracy of any
materials or information provided through the Site or the Services, or their
suitability for any particular purpose. To the fullest extent permitted under
the applicable laws, we expressly disclaim all warranties of any kind, whether
express or implied, including but not limited to warranties of merchantability
or fitness for a particular purpose, or non-infringement. We do not make any
warranty that the Services will meet your requirements, or that it will be
uninterrupted, timely, secure, or error-free, or that defects, if any, will be
corrected. You acknowledge that you access the Site and/or the Services at your
sole risk and discretion.
VPN
service coverage, speeds, server locations, and therefore quality may vary at
any time. xBack will attempt to always make the
services available. However, the services may be subject to unavailability for
a variety of factors beyond our control, including but not limited to
emergencies; third-party-service failures;
transmission, equipment, or network problems or limitations, interference, or
signal strength; and may be interrupted, refused, limited, or curtailed. We are
not responsible for data, messages, or pages lost, not delivered, delayed, or
misdirected because of interruptions or performance issues with the Services,
communications services, or networks. We may impose usage or Service limits,
suspend Services, terminate Accounts, or block certain kinds of usage at our
sole discretion to protect xBack, Subscribers or the
Services. The accuracy and timeliness of data received is not guaranteed;
delays or omissions may occur.
xBack reserves the right to
investigate matters we consider to be violations of these Terms. We may, but
are not obligated to, at our sole discretion and without notice, remove, block,
filter, or restrict by any means any materials or information that we consider
to be actual or potential violations of the restrictions set forth in these
Terms, and any other activities that may subject xBack
or our customers to liability. These rights include the right to terminate your
Account or take any other legal measure provided by law. xBack
disclaims any and all liability for any failure on our
part to prevent such materials or information from being transmitted over the
Services and/or into your computing device.
8.
Limitations of Liability
To
the maximum extent permitted by applicable law, XBack
shall not be liable and shall not have responsibility of any kind to any
Subscriber or other individual for any loss or damage incurred in the event of:
A.
any
failure or interruption of the Services;
B.
any
act or omission of any third party involved in making the Services or the data
contained therein available to you;
C.
any
other cause relating to your access or use, or inability to access or use, any
portion of the Site or its Content;
D.
your
interactions on the Services or discussion forums provided by XBack;
E.
your
failure to comply with the Agreement;
F.
the
cost of procurement of substitute goods or services; or
G.
unauthorized
access to or alteration of your transmissions or data, whether
or not the circumstances giving rise to such cause may have been within
the control of xBack or of any third-party vendor
providing software, services, or support for the Site or Services.
In
no event will xBack, its partners, affiliates,
subsidiaries, members, officers, or employees be liable for any direct,
special, indirect, consequential, or incidental damages, or for any other loss
or damages of any kind, even if they have been advised of the possibility
thereof. The foregoing shall not apply to the extent prohibited by applicable
law.
9.
Indemnification
You
agree to indemnify, defend, and hold harmless xBack,
its employees, members, partners, agents, and suppliers, and their respective
affiliates, officers, directors, employees, members, shareholders, partners,
and agents, from any claims and expenses, including attorneys’ fees, arising
out of your use of the Services, including but not limited to your violation of
the Agreement. We may, at our sole discretion, assume the exclusive defense and
control of any matter subject to indemnification by you. The assumption of such
defense or control by us, however, shall not excuse any of your indemnity
obligations.
Your
use of the services and websites is at your own risk. Neither xBack, nor any of its shareholders, subsidiaries or
affiliates, nor any of their employees, officers or directors, shall be liable
for any direct, indirect, punitive, incidental, special, consequential, or
other damages (including, without limitation, loss of data or information of
any kind, loss of business, lost profits, interruption of business, cost of
cover or any other damages) arising out of or in any way related to these terms
or the use or inability to use the services or websites, whether based on
contract, tort, strict liability or otherwise, even if we have been advised of
the possibility of such damages. In any case, the total aggregate liability of xBack arising out of or relating to these terms shall not
exceed what you paid to xBack during twelve (12)
months immediately preceding the event giving rise to such liability and shall
not include attorney fees or court costs irrespective of any laws or statutes
that may prescribe otherwise. You acknowledge that the amount of fees payable
by you to xBack hereunder reflect the allocation of
risk set forth in the terms and that xBack would not
have entered into the agreement with you without the limitations on its
liability.
10.
Chargebacks
We
reserve the right to immediately suspend access to the Services, without prior
notice, in the event we receive notice of a Chargeback (as defined below).
Contacting your bank or credit / debit card provider and rejecting, cancelling or contesting the charge of any fees payable in
connection with your use of the Services (a “Chargeback”) will be considered a
breach of your payment obligations under these Terms. We also reserve the right
(although we are not obliged) to dispute any Chargeback received in connection
with your Account. We may choose to delete your Account and take reasonable
steps to restrict your future access to our Services if we believe at our sole
discretion that you have maliciously requested a Chargeback.
11.
Dispute Resolution
These Terms of Use will
be governed by the laws of the State of California, without reference to its
choice of laws rules. The exclusive jurisdiction and venue for any action under
these Terms of Use will be in the state and federal courts of Los Angeles, California.
You hereby accept the personal jurisdiction of such courts. You may not assign
any rights granted to you or delegate any of your duties hereunder and any
attempt to do so is void and of no effect. xBack may
assign its rights and delegate its duties under this Agreement in their
entirety in connection with a merger, reorganization, or sale of all, or
substantially all, of its assets relating to this Terms of Use. Nothing in this
Agreement constitutes a partnership or joint venture between you and xBack. xBack does not guarantee
continuous, uninterrupted or secure access to this
Site or the Services, and operation of the Site may be interfered with by
numerous factors outside of its control. xBack’s
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
12. Contact Us.
If you have questions about these
Terms or the Services, you may contact xBack at x@xBack.io.