Terms of Service

Last Updated: October 26, 2023

Welcome to xenith.pro. These Terms of Service ("Terms") govern your access to and use of the xenith.pro website, services, and any related applications (collectively, the "Service"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service. The Service is provided by the team at xenith.pro ("we," "us," or "our").

1. Acceptance of Terms

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" will refer to both you and the organization.

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of significant changes by posting the new Terms on this page and updating the "Last Updated" date. It is your responsibility to review these Terms periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

2. Use of Service

2.1 Eligibility

You must be at least 18 years of age or the age of majority in your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement.

2.2 Account Registration

Access to certain features of the Service may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete. You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2.3 Service Modifications and Availability

We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. We do not guarantee that the Service will be available uninterrupted, secure, or error-free.

2.4 Prohibited Uses

You agree not to use the Service:

• For any illegal purpose or in violation of any local, state, national, or international law.
• To harass, abuse, threaten, or impersonate any person or entity.
• To interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• To attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• To use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• To transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

3. User Responsibilities

3.1 User Content

You are solely responsible for any data, information, text, graphics, or other materials ("User Content") that you upload, post, transmit, or otherwise make available via the Service. You retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such User Content solely to provide and improve the Service.

You represent and warrant that you own or have the necessary rights to all User Content you submit and that such User Content does not violate these Terms or any third-party rights.

3.2 Conduct

You agree to use the Service in a respectful and lawful manner. You are solely responsible for your conduct and your interactions with other users of the Service, if any.

3.3 Compliance

You agree to comply with all applicable laws, regulations, and third-party agreements in connection with your use of the Service.

4. Intellectual Property

The Service and its original content, features, functionality, and design elements (excluding User Content) are and will remain the exclusive property of xenith.pro and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of xenith.pro.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes strictly in accordance with these Terms.

Any feedback, comments, or suggestions you may provide regarding the Service ("Feedback") is entirely voluntary. We will be free to use such Feedback for any purpose without any obligation to you.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XENITH.PRO, ITS TEAM MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED US DOLLARS (USD $100),