Terms of Service
Last update: 01/12/2022
Hi! We are XTENSO Sàrl (“XTENSO”, "XClusters", “We”, “Us”). Thank you for taking the time to read this document.
These Terms of Service govern your use and access to the mobile application XClusters (the “App”) and the website xtenso.com (the “Website”), collectively referred to as the “Services”.
When first accessing the App, you will be prompted to read and accept our Terms of Service and Privacy Policy. The usage of the App and the processing of your data is regulated under those two documents, and you can’t use the App without expressly consenting to those two documents.
1. Privacy
We take your privacy very seriously. The rules that govern your privacy and the use of your data are detailed in the Privacy Policy.
2. Usage of the Service
Account
You can use the App without registering for an account. However, if you want to use certain features (such as synchronizing data between devices), you may be required to sign up for an account, select a password, and provide us with certain personal information, such as your email address. You must provide us with true, accurate, complete, and updated registration information about yourself. You may not enter contact information that you do not have the right to use or another person’s contact information with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Commercial and legal use
You will only use the App for your own personal or commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the App is prohibited by applicable laws, then you aren’t authorized to use it. We can’t and won’t be responsible for you using the App in a way that breaks the law.
Account security
You will not share your account or password with anyone, and you must protect the security of your account, password and any other access tools or credentials. You are responsible for any activity associated with your Xtenso account.
3. Responsibility
Content on the App
Any information or content publicly posted or privately transmitted through the App is the sole responsibility of the person from whom such content originated, and you access, save, publish, share, and use all such information and content at your own risk. We aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content. You hereby release us from all liability for you having acquired or not acquired content through the App. We can’t guarantee the identity of any users with whom you interact in using the App and are not responsible for which users gain access to the App.
Submitted content
You are responsible for all content you contribute, in any manner, to the App, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. In particular, you, in your own capacity, select what you upload, store, delete, publish, and share on the App. You must be fully conscious of any sensitive content that you may upload on the App.
Links to third-party websites or services
Our Services may contain links or connections to third-party websites or services that are not owned or controlled by Xtenso. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Xtenso is not responsible for such risks. Xtenso has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of any third-party websites or by any third party that you interact with through our Services. By using our Services, you release and hold us harmless from any liability arising from your use of any third-party website or service.
Disputes
If there is a dispute between participants using our Services, or between users and any third party, you agree that Xtenso is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Xtenso and its creators from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and / or our Services.
4. Availability and Purchases
You acknowledge and agree that the availability of our App is dependent on the third-party stores (“Stores”) from which you download the application. The Stores have their own terms and conditions to which you must agree before downloading mobile applications from such Stores. You agree to comply with, and your license to use our App is conditioned upon your compliance with, such Stores terms and conditions. To the extent such other terms and conditions from such Stores are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service apply.
You may purchase a Subscription (In-App Purchase) to access certain goods or features in the App. When you make an In-App Purchase, you are doing so through the third-party store from which you downloaded the application, and you agree to the applicable Terms and Conditions. For the iOS Apple App Store, the terms and conditions are available at http://www.apple.com/legal/internet-services/itunes/us/terms.
Subscriptions
When purchasing a Subscription, you will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Xtenso cancels it. You may cancel your Subscription renewal in your device settings, at least 24 hours before the renewal date. After this time, the amount of the subscription is due.
Payment
A valid payment method, including credit card, is required to process the payment for your Subscription. All In-App Purchases, including Subscriptions, are done through the third-party store from which you downloaded the application (Apple iTunes service for iOS). Payment information is managed by these Stores and is neither transmitted to nor stored by Xtenso.
Free trial
Xtenso may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). If you sign up for the Free Trial, you will not be charged by Xtenso until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Xtenso reserves the right to modify the terms and conditions of the Free Trial offer, or cancel such Free Trial offer.
Fee changes
Xtenso may, in its sole discretion and at any time, modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Xtenso will provide you with reasonable prior notice of any change in Subscription fees. If you do not explicitly consent to the new Subscription fees before the renewal date, your Subscription will not renew and will be terminated.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
5. Termination
Termination by you
You may cancel a Subscription at any time. Cancellation is effective at the end of the current Billing Cycle. You may cancel your Subscription renewal either through your account management page or by contacting us at contact@xtenso.com.
Termination by us
We may suspend or terminate your use of the App as a result of your fraud or breach of any obligation under these Terms of Service. Such termination or suspension may be immediate and without notice.
6. Contractual clauses
Limitation of liability
In no event shall Xtenso, nor its creators and developers, 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:
- your access to or use of or inability to access or use the App
- any conduct or content of any third party on the App
- any content obtained from the App; and
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, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the App is at your sole risk. The App is provided on an “AS IS” and “AS AVAILABLE” basis. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Xtenso and its creators do not warrant that a) the App will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the App is free of viruses or other harmful components; or d) the results of using the App will meet your requirements.
Change to terms
We’re constantly trying to improve our services, so we may need to change these Terms of Service from time to time, but we will alert you to any such changes by placing a notice on the Xtenso website, by sending you an email or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your usage of the App, and you are still responsible for reading and understanding them. If you use the App after any changes to the Terms of Service have been posted, that means you agree to all of the changes.
Governing law
These Terms shall be governed and construed in accordance with Swiss law, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our App, and supersede and replace any prior agreements we might have between us regarding the App.
Contact
If you have any question regarding these Terms of Service, do not hesitate to contact us at contact@xtenso.com.
Xtenso is a Swiss brand owned by Xtenso Sarl.