Terms of Service

Terms of Service

Welcome to XVS APP! These Terms of Service (the "Terms") govern your access to and use of the XVS APP (the "App"), including any content, functionality, and services offered on or through the App.

Please read the Terms carefully before downloading, installing, registering with, accessing, or using the App. By downloading, registering with, or using the App, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not download, register with, or use the App.

Changes to the Terms of Service

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter.

Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

License to Use the App

Subject to your compliance with these Terms and your payment of any applicable fees, XVS APP grants you a personal, non-exclusive, non-transferable, limited license to download, install, register with, access, and use the App solely for your personal, non-commercial use.

Intellectual Property Rights

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by XVS APP, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as follows:

• Your computer may temporarily store copies of App materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the App for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of the Terms, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Any unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes.

Trademarks

The XVS APP name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of XVS APP or its affiliates or licensors. You must not use such marks without the prior written permission of XVS APP. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.

Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• To impersonate or attempt to impersonate XVS APP, a XVS APP employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by XVS APP, may harm XVS APP or users of the App or expose them to liability.

Additionally, you agree not to:

• Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App, including their ability to engage in real time activities through the App.

• Use any robot, spider, or otherautomatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.

• Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the App.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.

• Attack the App via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the App.

Disclaimer of Warranties

YOU UNDERSTAND THAT YOUR USE OF THE APP, INCLUDING ANY CONTENT OR SERVICES AVAILABLE THROUGH THE APP, IS AT YOUR OWN RISK. THE APP, INCLUDING ALL CONTENT AND SERVICES AVAILABLE THROUGH THE APP, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. XVS APP DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. XVS APP DOES NOT WARRANT THAT THE APP OR THE SERVERS THAT MAKE THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XVS APP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP, INCLUDING ANY CONTENT OR SERVICES AVAILABLE THROUGH THE APP, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Limitation of Liability

IN NO EVENT WILL XVS APP, ITS AFFILIATES, OR THEIR LICENSORS,SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, INCLUDING ANY CONTENT OR SERVICES AVAILABLE THROUGH THE APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify, and hold harmless XVS APP, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, any use of the App's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the App.

Governing Law and Jurisdiction

These Terms and your use of the App are governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of San Francisco and County of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by XVS APP of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of XVS APP to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms