XTSNA Terms of Service

These Terms of Service ("Terms") govern your use of XTSNA’s websites, applications, and services (collectively, the "Services"). By using our Services, you agree to these Terms. Please read them carefully.

01 / Eligibility and Acceptance

You must be at least 18 years old (or the minimum age of digital consent in your country) to use the Services. If you are under the age of majority in your jurisdiction, you may only use the Services with the involvement and consent of a parent or legal guardian. By using the Services, you represent that you meet these requirements and have the legal capacity to enter into these Terms.

If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and "you" will refer to that organization.

02 / Complaints and Dispute Resolution

We are committed to maintaining the highest standards of service. If you have concerns, complaints, or feedback regarding the Services, we provide a centralized channel for resolution.

Reporting Mechanism: Please contact our dedicated compliance team at complaints@xtsna.com. Our team will review your submission and coordinate a thorough investigation and appropriate resolution.

03 / Your Use of Our Services

You may use our Services only as permitted by these Terms and any applicable laws. Some of our Services allow you to download client software which may update automatically. So long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, revocable license to use the software, solely to access the Services.

You must not misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations.

04 / Your XTSNA ID

You may need an XTSNA ID to use some of our Services. You are responsible for maintaining the confidentiality of your XTSNA ID and password, and for all activity that occurs under your XTSNA ID. We recommend that you use a strong password and enable two-factor authentication for your account.

No Renting, Selling, or Transferring Accounts: Your XTSNA ID is personal to you and may not be rented, sold, leased, traded, gifted, or otherwise transferred to any other person or entity without XTSNA's prior written consent. You may not create or use an account on behalf of someone else, or maintain more than one account for the purpose of circumventing these Terms. Accounts found to be rented, sold, or transferred in violation of this section may be suspended or terminated without notice.

XTSNA reserves the right to suspend or terminate your account if you violate these Terms or if we are required to do so by law.

05 / Content and Intellectual Property

All content on our Services, including text, graphics, icons, images, and software, is the property of XTSNA Inc. or its content suppliers and is protected by applicable copyright laws. The compilation of all content on our Services is the exclusive property of XTSNA.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding used in our Services.

06 / User Content and Licensing

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give XTSNA (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones.

07 / Third-Party Services and Content

The Services may contain links to third-party websites, products, or services that are not owned or controlled by XTSNA. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that XTSNA is not liable for any damage or loss caused by your use of any such third-party content, goods, or services.

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

08 / Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. XTSNA may also stop providing Services to you, or add or create new limits to our Services at any time.

Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

09 / Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER XTSNA NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".

10 / Liability for our Services

WHEN PERMITTED BY LAW, XTSNA, AND XTSNA’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF XTSNA, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

11 / Force Majeure

XTSNA shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

12 / Indemnification

You agree to defend, indemnify, and hold harmless XTSNA Inc., its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of a third party.

13 / Governing Law

These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the jurisdiction in which XTSNA Inc. is incorporated, without regard to its conflict of law principles.

14 / Arbitration Agreement and Class Action Waiver

You and XTSNA agree to first attempt to resolve any dispute informally by contacting legal@xtsna.com. If a dispute is not resolved within 60 days, you and XTSNA agree that any claim or controversy arising out of or relating to these Terms or the Services shall be resolved through final and binding arbitration, except that either party may bring an individual action in small claims court.

YOU AND XTSNA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Where arbitration is not permitted by applicable law, disputes shall be subject to the exclusive jurisdiction of the competent courts.

15 / Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.

16 / Assignment

You may not assign or transfer any rights or obligations under these Terms without XTSNA’s prior written consent. XTSNA may assign these Terms, in whole or in part, at any time without notice or consent, including in connection with a merger, acquisition, reorganization, or sale of assets.

17 / Communications and Notices

By creating an XTSNA ID or otherwise using the Services, you consent to receive electronic communications from us, including notices about these Terms, service announcements, and security alerts. You agree that any notices, agreements, disclosures, or other communications sent electronically satisfy any legal requirement that such communication be in writing.

18 / Copyright Complaints (DMCA and Equivalent)

XTSNA respects the intellectual property rights of others. If you believe content available through the Services infringes your copyright, please send a notice identifying the material and your contact information to legal@xtsna.com. We will respond to valid notices in accordance with applicable law and may remove or disable access to the allegedly infringing material.

19 / Entire Agreement

These Terms, together with our Privacy Policy and any additional terms, guidelines, or policies referenced herein or otherwise agreed to in writing, constitute the entire agreement between you and XTSNA Inc. regarding your use of the Services. They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and XTSNA relating to the Services.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and XTSNA’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

20 / About These Terms

We may modify these Terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to these Terms on this page.

If you have any questions about these Terms, please contact our legal department at legal@xtsna.com.