Effective Date: April 14, 2026
The following Terms of Service Agreement (“TOS”) is a legally binding agreement between you and XPAL.com Inc. (“XPAL,” “we,” “us,” or “our”) governing your access to and use of the XPAL applications, website, and related services (collectively, the “Services”).
By accessing, downloading, installing, or using the Services, you agree to be bound by these Terms and all applicable laws and regulations.
If you do not agree to these Terms, you must immediately discontinue use of the Services.
XPAL provides communication tools that allow users to send messages, share content, and engage in voice and video communications using proprietary xID® identifiers and encryption technologies designed to enhance privacy and secure communications.
The Services may be made available across mobile applications, websites, and other platforms.
XPAL reserves the right to modify, update, suspend, or discontinue any part of the Services at any time, with or without notice.
While XPAL is designed to provide strong privacy protections, you acknowledge that no system can guarantee absolute security. Risks may arise from factors outside XPAL’s control, including compromised devices, user actions, or third-party interference.
All Services are provided on an “AS IS” and “AS AVAILABLE” basis.
Your use of the Services is also subject to our Privacy Policy, which describes how we collect, use, and protect information.
XPAL may process limited technical or operational data necessary to operate, maintain, and improve the Services.
You are solely responsible for maintaining the confidentiality of your PIN, device, and access credentials.
You are responsible for all activities that occur under your account.
XPAL is not responsible for any unauthorized access or loss resulting from your failure to secure your device or credentials.
You agree to use the Services only for lawful purposes and in compliance with all applicable laws.
You may not use XPAL to:
XPAL maintains a zero-tolerance policy for misuse and reserves the right to suspend or terminate accounts at its sole discretion.
You agree to comply with all applicable export and import laws and regulations of the United States and other applicable jurisdictions.
You represent that you are not located in a restricted country or on any prohibited persons list and will not use the Services in violation of export control laws.
xIDs are issued by XPAL as a limited, revocable license for use within the XPAL ecosystem, including XPAL and Xave.
XPAL retains all rights, title, and interest in and to xIDs.
XPAL reserves the right, at its sole discretion, to suspend, revoke, reassign, or terminate any xID at any time, with or without notice, including for violations of these Terms or to protect the integrity and security of the platform.
To the maximum extent permitted by law, XPAL shall not be liable for any loss resulting from such actions, except for applicable refunds of unused paid services where required.
XPAL is designed to utilize end-to-end encryption for user communications. Under this model, message content is encrypted on the sender’s device and intended to be decrypted only on the recipient’s device.
However, XPAL does not guarantee absolute security or confidentiality, and security may be affected by factors outside of XPAL’s control, including device compromise, user behavior, or external threats.
XPAL does not claim ownership of content submitted by users in publicly accessible areas. By submitting content to such areas, you grant XPAL a limited license to use, display, and distribute that content solely for the purpose of operating and promoting the Services.
Any ideas, suggestions, or feedback submitted to XPAL may be used by XPAL without obligation of compensation or confidentiality.
You agree not to copy, duplicate, sell, resell, or exploit any portion of the Services without express written permission from XPAL.
XPAL may modify, suspend, or discontinue any aspect of the Services at any time without liability.
XPAL may include links or integrations with third-party services. XPAL is not responsible for any third-party content, services, or transactions.
All XPAL Services, software, and branding are protected by intellectual property laws.
You may not copy, modify, distribute, reverse engineer, or create derivative works from any part of the Services without prior written consent.
The Services are provided on an “AS IS” and “AS AVAILABLE” basis.
XPAL disclaims all warranties, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
XPAL does not guarantee that the Services will be uninterrupted, secure, or error-free.
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 aggregate liability shall not exceed the amount paid by you to XPAL in the twelve (12) months preceding the claim, or one hundred U.S. dollars (USD $100), whichever is greater.
You agree to indemnify, defend, and hold harmless XPAL and its affiliates, officers, employees, and partners from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration on an individual basis.
You agree to waive any right to a jury trial and any right to participate in a class action lawsuit or class-wide arbitration.
Arbitration shall be conducted in the State of California under the rules of the American Arbitration Association.
These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles.
XPAL shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including natural disasters, cyberattacks, infrastructure failures, or government actions.
XPAL provides features that allow users to permanently delete messages, media, and conversations. These actions may be irreversible and may affect both sender and recipient devices depending on the feature used.
By using these features, you acknowledge and accept full responsibility for their use.
XPAL reserves the right to update or modify these Terms at any time.
Continued use of the Services after changes constitutes acceptance of the updated Terms.
XPAL.com Corp.
6475 Camden Ave
San Jose, CA 95120
USA
Email: [email protected]