Terms of Service

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: Georgia, United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Xenium, LLC, 3343 Peachtree Rd NE Ste 145-2038, Atlanta, GA 30326.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

  • Service refers to the Website, as well as all services, products, features, and functionalities offered by the Company either directly or indirectly, through the Website or any other platform or medium.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Xenium and/or Hybrid.app, accessible from https://xenium.app and https://hybrid.app

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current and complete. You agree that all information You provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.

If You choose, or are provided with, a username, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and will disclose that confidential information solely at Your own risk and discretion. Should You, at Your discretion, choose to share Your username, password, or other security information with any other person or entity in order to share access, we disclaim all liability for anything that person or entity may do to compromise the security of Your account. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

No one under the age of 13 is allowed to create an account or use the Website. If You are under 18 or otherwise under the legal age to form a binding contract in Your jurisdiction, You may only use the Website with the prior consent of Your parent or other legal guardian. You must promptly provide to us credible evidence of such consent if we request it. By using this Website, You represent and warrant that You are of legal age, or You have sufficient consent from Your legal guardian, to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Website. Registering on behalf of another who does not meet this age requirement is itself a violation of these Terms. We reserve the right to suspend or terminate accounts of users who do not comply with these terms.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Intellectual Property

The Service, which includes both Xenium and Hybrid.app, its "look and feel" (e.g., text, graphics, images, logos, page headers, button icons, scripts), proprietary content, information, and other materials, are the exclusive property of the Company or our affiliates, licensors, or users, as applicable. This extends to Xenium, as well as the Hybrid.app service, its features, and logo, as well as all content and other materials contained therein. You agree not to take any actions inconsistent with such ownership interests, including but not limited to reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the material on our Website.

The Service and its original content, including but not limited to the Xenium brand, logo, and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof, are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

We, along with our affiliates and licensors, reserve all rights in connection with the Service and its content. This includes, without limitation, the exclusive right to create derivative works. Any use of the Company’s copyrights, trademarks, and trade dress, including the use of Xenium and Hybrid.app logos, designs, slogans and service marks, may not be used in connection with any product or service without our prior written consent.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If You print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, Your right to use the Website will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Unauthorized use of any metatags or any other "hidden text" utilizing the Company’s name, the Hybrid.app name, the Xenium name, or any other name, trademark, or product or service name of the Company without our prior written consent is strictly prohibited.

Third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any tokens displayed on the Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property rights holder.

Usage Data Analytics

We may collect usage information that allows us to collect information regarding how users access and use the Services (“Usage Data”). We use this information to analyze trends, administer the Services, troubleshoot any user problems, and to enhance and update the Services. We may do this Usage Data collection by using third parties.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Prohibited Activities

You are expressly prohibited from engaging in any of the following activities:

  • Illegal Activities: Using the Service for activities that are illegal or prohibited by law.

  • Reselling and Redistribution: Any act of reselling, redistributing, or otherwise offering the Company’s services for sale without express written permission.

  • Intellectual Property Violations: Uploading, distributing, or otherwise using any content in a manner that infringes upon third-party or the Company’s intellectual property rights.

  • Unauthorized Use and Access: Accessing accounts or data that are not Your own, bypassing security measures, or using the Service in a way that disrupts or interferes with its normal operation.

  • Security Bypass: Circumventing measures used to prevent or restrict access to the Service.

  • Malicious Software: Uploading viruses, worms, or other harmful software agents.

  • Data Harvesting: Collecting personally identifiable information without consent.

  • Resource Overuse: Actions that impose an unreasonable or disproportionately large load on our infrastructure.

  • Impersonation and Fraud: Pretending to be another user or entity, misrepresenting Your affiliation, or conducting fraud.

  • Harassment and Harm: Actions that harass, stalk, or otherwise violate the legal rights of others.

  • Objectionable Material: Posting material that is discriminatory, hateful, or otherwise objectionable, as determined by the Company.

  • Commercial Solicitation: Using the Service for unauthorized commercial purposes.

  • Spamming: Sending unsolicited messages, typically advertising or other promotional material, through the Service.

  • Automated and Manual Monitoring: Using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. Using any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

We have the right to disable any username, password or other identifier, whether chosen by You or provided by Us, at any time if, in Our opinion, You have violated any provision of these Terms of Service.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Indemnification

To the fullest extent permitted by applicable law, You agree to indemnify, defend, and hold harmless the Company, its subsidiaries, affiliates, and their respective officers, directors, agents, partners, and employees (collectively, the “Company Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or in connection with:

  • (i) Your use of or reliance upon any of the services provided by Xenium, including Hybrid.app and any freelance or contracting services;
  • (ii) Your violation of these Terms;
  • (iii) Your violation or infringement of any third-party rights, including intellectual property, privacy, or contractual rights;
  • (iv) any content or data You provide or upload to Xenium;
  • (v) Your interaction with any other user;
  • (vi) any other party’s access and use of the Service with Your unique username, password, or other appropriate security code.

You agree to promptly notify the Company Parties of any third-party Claims, cooperate with the Company Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You further agree that the Company Parties will have control over the defense or settlement, at Xenium’s sole discretion, of any third-party Claims.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. The Company may not be able foresee or anticipate technical or other difficulties which may result in failure to obtain data, personalization settings or other service interruptions. The Company assumes no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, loss of user data, communications or personalization settings.

Without limiting the foregoing, neither the Company nor any of the Company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Furthermore, the Company is not responsible for any damage or loss related to unauthorized access, hacks, DDoS attacks, or any other malicious activities that compromise the security, integrity, or availability of the Service. We make no warranty, express or implied, that Your use of the Service will be uninterrupted, secure, or free from such risks. Users should exercise caution in their use of the Service and take all necessary security precautions.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. We also reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If You have any questions about these Terms and Conditions, You can contact us by email: contact@xenium.app.

Last updated: November 14, 2023

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