PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THE PRODUCTS AND SERVICES OF THIS APP AND WEBSITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS, OR USE OUR PRODUCTS OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF JUNE 1ST, 2021.
The following Terms and Conditions and Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with XPAL.com Inc. and our subsidiaries and affiliates, in association with the use of the XPAL Apps and XPAL website, which includes all our products and services (the "Site") and its Services, which shall be defined below.
XPAL AND XPAL.COM are online products and services which have the following offering:
Communication tools to allow texting, sharing, calling, and video conferencing between parties, using exclusive xID™ which offer an End-to-End encryption. The products and services allow private and secure communications between users, among other related products and services.
Any and all visitors to our Site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our site and applications, which include mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of XPAL. At its discretion, XPAL may offer additional Services and/or products, or updates, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. XPAL does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user, acknowledge, accept and agree that XPAL shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges, and agrees that the Services offered shall be provided "AS IS" and as such XPAL shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication, or personalization settings.
Due to the global nature of our products and service, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and other countries. Through the use of our network, you thus agree to comply with all applicable laws, including the export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx) . Furthermore, you state and pledge that you:
Those areas which may be deemed "publicly accessible" areas of XPAL's sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.
XPAL shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for XPAL the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
XPAL may in the future provide an area for our users to contribute feedback to our services. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
All users herein agree to insure and hold XPAL and our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of XPAL Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial or personal reason any part, use of, or access to XPAL's sites.
XPAL shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, XPAL shall not be held liable to user or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services “Providers”, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such Providers. Moreover, you herein agree that XPAL shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such Providers on our Sites.
Either XPAL or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that XPAL shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that XPAL's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by XPAL or such applicable licensor, you agree not to alter, modify, lease, rent, loan, copy, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on XPAL Services (e.g. Content or Software), in whole or part.
XPAL herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single device, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by XPAL for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
You explicitly acknowledge, understand and agree that xpal and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:
Furthermore, you explicitly acknowledge, understand and agree that xpal and our subsidiaries, affiliates, officers, employees, agents, partners and licensors maximum liability, if you have paid for the xpal services, is the amount paid and collected directly by XPAL.
In the event you have a dispute, you agree to release XPAL (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. XPAL's content is provided primarily for communication purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. XPAL and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
XPAL may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the XPAL trademarks, copyright, trade name, service marks, and other XPAL logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of XPAL. You herein agree not to display and/or use in any manner the XPAL logo or marks without obtaining XPAL's prior written consent.
XPAL will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, XPAL may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
The XPAL Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
This TOS constitutes the entire agreement between you and XPAL and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to XPAL products and Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other XPAL Services, affiliate Services, third-party content or third-party software.
It is at the mutual agreement of both you and XPAL with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and XPAL shall be filed within the courts having jurisdiction within the County of Santa Clara or the U.S. District Court located in said state. You and XPAL agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
At any time, should XPAL fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services, or the TOS must be filed within one year after said claim or cause of action arose or shall be forever barred.
ANY XPAL MEMBER OR PARTICIPANT IN A ONE-TO-ONE CHAT CAN AND IS ABLE TO PERMANENTLY DELETE: ANY MESSAGE, MEDIA FILE, DOCUMENT OR THE ENTIRE CONVERSATION THAT WAS BETWEEN THE MEMBER AND ANY OTHER XPAL USER, AT ANY TIME.
In the instance or situation of a group chat (3 or more participants), any participant can delete only that user’s messages and shared media files or documents.
IF “REVERSE PIN SECURITY” IS ENABLED: ENTERING THE SECURITY 4-DIGIT PIN IN REVERSE WILL PERMANENTLY DELETE THE ENTIRE CONTENT OF ALL THE TEXTS, CHATS, MEDIA FILES, DOCUMENTS AND CALL LOG HISTORY, AS WELL AS PERMANENTLY DELETE ALL TEXT CONVERSATIONS FROM ALL PARTICIPANTS OF WHOM THE XPAL MEMBER PARTICIPATED IN. ALL CONTACTS WILL BE TEMPORARILY MASKED OR HIDDEN UNTIL THE USER RE-ENTERS THE CORRECT PIN
Please report any and all violations of this TOS to XPAL as follows:
1030 E. El Camino Real Suite 210
Sunnyvale, CA 94087
Or Email: firstname.lastname@example.org