1. ACCEPTANCE OF AGREEMENT
This End User License Agreement ("Agreement") is a legally binding agreement between you ("End User," "you," or "your") and XPAL.com Inc. ("XPAL," "Company," "we," "us," or "our").
This Agreement governs your use of the xPal application across all platforms, including mobile (iOS and Android), desktop (macOS and Windows), and web browsers (the "Application"), along with any related documentation and services.
By downloading, installing, accessing, or using the Application, you:
- Acknowledge that you have read and understand this Agreement
- Represent that you are legally capable of entering into a binding agreement
- Agree to be bound by this Agreement
If you do not agree, you must not install or use the Application.
2. LICENSE GRANT
Subject to your compliance with this Agreement, XPAL grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to:
- Download and install the Application
- Use the Application solely for personal, non-commercial purposes
- Use the Application on devices that you own or control
This license is granted solely to enable use of XPAL Services as permitted under this Agreement.
All rights not expressly granted are reserved by XPAL.
3. LICENSE RESTRICTIONS
4. OWNERSHIP AND INTELLECTUAL PROPERTY
The Application is licensed, not sold.
XPAL retains all rights, title, and interest in and to the Application, including all intellectual property rights.
You acquire no ownership rights beyond the limited license granted.
5. ACCEPTABLE USE AND CONTENT POLICY
You agree to use the Application in compliance with all applicable laws.
You must not use the Application to:
- Engage in illegal, fraudulent, or harmful activity
- Transmit abusive, threatening, or unlawful content
- Distribute malware or harmful software
- Violate intellectual property or privacy rights
XPAL maintains a zero-tolerance policy for misuse and may suspend or terminate access at its sole discretion.
6. ENCRYPTION AND CONTENT DISCLAIMER
XPAL is designed to use end-to-end encryption for communications.
Under this model:
- Content is encrypted on the sender’s device
- Intended to be decrypted only on the recipient’s device
However, you acknowledge that:
- XPAL cannot guarantee absolute security
- Security may be impacted by device compromise, user behavior, or external threats
- XPAL does not monitor encrypted content and relies on user reporting for abuse
7. USER REPORTING AND SAFETY
Users may report objectionable content through in-app reporting tools.
XPAL may take action including:
- Blocking users
- Suspending or terminating accounts
XPAL does not actively monitor encrypted communications.
8. COLLECTION AND USE OF INFORMATION
XPAL collects limited information necessary to operate the Application.
All data practices are governed by the XPAL Privacy Policy.
By using the Application, you consent to the collection and use of information as described in the Privacy Policy.
9. UPDATES
XPAL may provide updates, including:
- Bug fixes
- Security patches
- New features
Updates may be installed automatically or require user action.
You agree that:
- Updates are part of the Application
- XPAL is not obligated to provide updates
- Features may be modified or removed
10. TERM AND TERMINATION
This Agreement begins when you install or use the Application and continues until terminated.
You may terminate by deleting the Application.
XPAL may terminate or suspend access at any time, with or without notice, including for violations of this Agreement.
Upon termination:
- Your license ends immediately
- You must stop using the Application
11. DISCLAIMER OF WARRANTIES
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE."
XPAL DISCLAIMS ALL WARRANTIES, INCLUDING:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
XPAL does not guarantee that the Application will:
- Be uninterrupted or error-free
- Meet your expectations
- Be completely secure
12. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
XPAL shall not be liable for any indirect, incidental, consequential, or special damages, including loss of data, profits, or goodwill.
XPAL’s total liability shall not exceed:
- The amount paid by you in the twelve (12) months preceding the claim, or
- $100 USD, whichever is greater
13. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless XPAL and its affiliates from any claims, damages, or expenses arising from:
- Your use of the Application
- Your violation of this Agreement
- Your violation of any third-party rights
14. EXPORT COMPLIANCE
The Application may be subject to U.S. export control laws.
You agree to comply with all applicable laws and not use or export the Application in violation of such laws.
15. FORCE MAJEURE
XPAL shall not be liable for failure or delay caused by events beyond its control, including:
- Cyberattacks
- Infrastructure failures
- Government actions
- Natural disasters
16. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California.
Any disputes shall be resolved through binding arbitration on an individual basis.
You waive:
- The right to a jury trial
- Participation in class actions
Arbitration shall take place in California under applicable arbitration rules.
17. SEVERABILITY
If any provision is found unenforceable, the remaining provisions will remain in full force.
18. ENTIRE AGREEMENT
This Agreement, together with the Privacy Policy and Terms of Service, constitutes the entire agreement between you and XPAL.
19. WAIVER
Failure to enforce any provision shall not constitute a waiver of rights.