Terms of Service
The “service” of making API requests to various third party services on your behalf is provided by IT
General
These Terms of Service are construed under the laws of New South Wales, Australia. Both parties agree that these Terms of Service constitute the entire agreement between the parties.
Our accounts are intended for individuals. If your organization requires multiple accounts, please email us at support@xosync.it or contact us.
Availability of Service
Planned or unplanned maintenance may occur on the site at any time. In the case of planned maintenance, we will give all our users one week’s notice via our homepage and the email address linked to your account. In the case of unplanned maintenance, we will post a notice to our homepage within a reasonable time period as to the cause and resolution of the unplanned maintenance. We DO NOT guarantee 100% up time.
Disclaimer of Warranty and Limitation of Liability
User agrees that use of XOSync is at the user’s sole risk. XOSync DOES NOT warrant that the use of XOSync will be uninterrupted or error free, nor does XOSync make any warranty as to the accuracy or reliability of API calls made on the user’s behalf.
The user is solely responsible for adequate protection and backing up data. Possible causes of lost data are, without limitation, API errors, password loss, hardware failure, communication failure, and acts of God. In the case of lost password, the user should contact us if the user has irrevocably lost their password. The user assumes all responsibility for backing up their data.
Use of Service and Documentation
Although we make every effort to ensure the accuracy of our service XOSync‘ services is provided “as is”. XOSync is provided without warranty and without any guarantee of fitness for a particular purpose. We also make no guarantees as to the quality, suitability, truth, or completeness of any of the information contained on this site, including help materials, resources, and other documentation.
Account Information
User shall provide current, complete, accurate information upon registration. User shall further update and keep such information current as needed in the “Account” section. The user is solely responsible for maintaining the confidentiality of user’s password and account information. User shall immediately notify XOSync of any unauthorized account activity, or any unauthorized use of user’s email list(s) or any other breach of security known to the user.
Restrictions on Use
You may only use XOSync for lawful purposes. In addition, XOSync users may not:
- violate or infringe in any way the rights of others
- violate others’ copyright
- send a communication to XOSync that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, racist, obscene, profane, or otherwise objectionable as determined by XOSync staff
- reverse engineer XOSync
- impersonate XOSync administrators
- use XOSync to create a Denial of Service (DoS) attack
Termination of Account
If a user is found to be in violation of this Terms of Service XOSync, at its sole discretion, may suspend the user’s account. Notice will be given to the account’s primary e-mail address. The user is responsible for providing a working and current primary e-mail address. The user has one week to appeal the account revocation. If no appeal is filed within one-week XOSync may, at its sole discretion, delete the user’s data and the user.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.
Trademarks
Third Party Services
XOSync uses many third party services in its service. The user acknowledges that XOSync does not control the content, resources, or policies of any third party service. Any claims against a third party service while using XOSync are between the user and the third party service, and you agree that XOSync is not liable for any loss or claim you have against a third party.
Indemnification
You agree to defend, indemnify, and hold harmless XOSync and its affiliates and their respective directors, officers, employees, agents, from and against any and all damages, claims, actions, demands, suits, costs, liabilities, losses, and expenses (including reasonable attorney fees and disbursements and court costs) arising out of your use of XOSync or from breach of this Terms of Service agreement, or your violation of any law or the rights of a third party.
Jurisdiction
The Terms of Service and the relationship between the user and XOSync shall be treated as if entered into and executed in the State of New South Wales and shall be governed and construed in accordance with the laws of the State of New South Wales, without regard to conflict of law principles. User agrees to submit to personal and exclusive jurisdiction and venue of the courts in Sydney, NSW, Australia. The failure of XOSync to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such a right or provision XOSync makes no representation that the materials and content on the XOSync site or related services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the Services or the XOSync website from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Payment Terms
Should the user choose to use any paid version of our service, the user is responsible for providing and updating a valid payment method. The user represents and warrants to XOSync that the user is authorized to use the payment method. Should the user choose a monthly subscription, the user further authorizes XOSync to make charges at regular intervals (hereinafter “renewals”) using their previously provided payment method.
Monthly renewals will be processed on the same day of the month as the initial order. In the event that the current month has fewer days than necessary, the renewal will be processed on the last day of that month.
XOSync reserves the right to change its prices. If we do change our prices, all users using our paid service on the date of the price change have the option of remaining at their current price level.
The user may dispute any payment with 30 days of the billing date. Please contact us at
Questions?
Please feel free to Contact Us!
Changes
These terms of service are effective June 1, 2017. We may periodically update the Terms of Service. If we do so, we will post a notice on our homepage.