Terms of Use

Introduction

Welcome to Xayeca. These Terms of Use ("Terms") govern your use of our website located at xayeca-nixufi.pics (the "Website") and the services we offer (the "Services"). By accessing or using our Website and Services, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, you must not access our Website or use our Services. These Terms constitute a legally binding agreement between you and Xayeca.

Intellectual Property Rights

Unless otherwise indicated, the Website and its content, including but not limited to text, graphics, logos, images, software, and other materials, are the property of Xayeca or its licensors and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

License to Use

Subject to your compliance with these Terms, Xayeca grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for your personal or business purposes.

Restrictions

You agree not to:

• Copy, modify, distribute, sell, or lease any part of the Website or Services
• Reverse engineer, decompile, or disassemble any software or technology used in the Website or Services
• Use any robot, spider, scraper, or other automated means to access the Website or collect information
• Use the Website or Services for any illegal or unauthorized purpose
• Interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services

User Accounts

To access certain features of the Website or Services, you may be required to create a user account. You agree to provide accurate, current, and complete information when creating an account and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify Xayeca immediately of any unauthorized use of your account or any other breach of security.

Account Termination

Xayeca reserves the right to terminate or suspend your account at any time, with or without notice, for any reason, including but not limited to breach of these Terms.

Services and Payments

Xayeca offers various AI solutions for business optimization through subscription-based plans. By subscribing to a plan, you agree to pay the applicable fees in accordance with the payment terms.

Pricing and Payment

• All prices are listed in Canadian dollars and are subject to change without notice
• Payments are processed through secure third-party payment processors
• You agree to provide accurate payment information and authorize Xayeca to charge your payment method for the selected plan
• Subscription fees are billed in advance on a monthly or annual basis, depending on the selected plan

Refunds

Xayeca offers a 30-day money-back guarantee for new subscriptions. If you are not satisfied with our Services within the first 30 days, you may request a full refund. After the 30-day period, all sales are final, and no refunds will be issued.

Acceptable Use

You agree to use the Website and Services in accordance with all applicable laws and regulations. You agree not to use the Website or Services for any purpose that is unlawful or prohibited by these Terms.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Services to transmit any viruses, worms, or other malicious code
• Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity
• Collecting or storing personal information about other users without their express permission
• Using the Services in any manner that could disable, overburden, damage, or impair the Website or Services
• Attempting to gain unauthorized access to any part of the Website or Services

Privacy

Your use of the Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and protect your personal information.

By using the Website and Services, you agree to the collection and use of information in accordance with our Privacy Policy.

Disclaimer of Warranties

The Website and Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Xayeca disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Xayeca does not warrant that the Website or Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

Limitation of Liability

In no event shall Xayeca, its directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, arising out of or in connection with your use of the Website or Services.

Xayeca's total liability for any claims arising out of or in connection with these Terms or your use of the Website or Services shall not exceed the amount you paid to Xayeca for the Services in the six months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Xayeca, its directors, employees, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Website and Services
• Your violation of any term of these Terms
• Your violation of the rights of a third party, including but not limited to intellectual property rights
• Your violation of any applicable law or regulation

Termination

Xayeca may terminate or suspend your access to the Website and Services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to breach of these Terms.

Upon termination, your right to use the Website and Services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

Any legal action of whatever nature brought by either you or Xayeca shall be commenced or prosecuted in the federal and provincial courts located in Toronto, Ontario, and you hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.

Changes to These Terms

Xayeca reserves the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website and Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Website and Services.

Contact Us

If you have any questions about these Terms, please contact us at:

Xayeca
123 Bay Street, Toronto, ON M5H 2Y2, Canada
Email: legal@xayeca-nixufi.pics
Phone: +1 (416) 555-0198

Last Updated

These Terms of Use were last updated on November 15, 2023.