Xemelgo End-User License Agreement (EULA)
Last Updated: October 3, 2023
Please read this End User License Agreement ("Agreement") carefully before using our software application ("Xemelgo"). This Agreement is a legal contract between you ("User" or "you") and Xemelgo, Inc. ("Company," "we," or "us") for the use of our software application on web, iOS, and Android platforms. By installing, accessing, or using the Xemelgo application, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, please do not use the Xemelgo application.
1. License
1.1 Grant of License: Subject to your compliance with the terms of this Agreement, Xemelgo, Inc. grants you a non-exclusive, non-transferable, revocable license to use the Xemelgo application on web, iOS, and Android devices solely for your personal, non-commercial use.
1.2 Restrictions: You shall not: a. Modify, adapt, translate, reverse engineer, decompile, or disassemble the Xemelgo application. b. Attempt to gain unauthorized access to any part of the Xemelgo application, its systems, or networks. c. Use the Xemelgo application for any illegal or unauthorized purpose. d. Remove or alter any copyright, trademark, or other proprietary notices contained in the Xemelgo application.
2. User-Generated Content
2.1 User Responsibility: The Xemelgo application may allow you to submit, upload, or post content, including text, images, and other materials ("User-Generated Content"). You are solely responsible for your User-Generated Content, and you represent and warrant that you have all necessary rights and permissions to share such content.
2.2 License to User-Generated Content: By submitting User-Generated Content through the Xemelgo application, you grant Xemelgo, Inc. a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, and display your User-Generated Content for the purpose of operating, developing, and improving the Xemelgo application.
2.3 Content Guidelines: You agree not to submit any User-Generated Content that violates any applicable laws or regulations, infringes upon the rights of third parties, or is otherwise inappropriate or harmful. Xemelgo, Inc. may, at its discretion, remove or disable access to any User-Generated Content that violates this Agreement.
3. Legal Compliance in the United States
3.1 Applicability: This Agreement is subject to and governed by the laws of the United States, including federal law and the laws of the state in which Xemelgo, Inc. is registered.
3.2 Compliance: You agree to comply with all applicable U.S. laws, regulations, and export control laws and regulations when using the Xemelgo application.
4. Support
4.1 Scope of Support: Xemelgo, Inc. may, at its discretion, offer technical support and assistance for the Xemelgo application ("Support"). The nature and extent of Support may vary based on the version of the Xemelgo application, subscription level, and availability. Xemelgo, Inc. reserves the right to modify or discontinue Support at any time without notice.
4.2 Availability: Support may be available during regular business hours and via designated support channels, which may include email, online chat, or a dedicated support website. Specific contact information and support hours will be provided on our website or within the Xemelgo application.
4.3 Response Times: Xemelgo, Inc. will make reasonable efforts to respond to support inquiries within a reasonable timeframe. However, response times may vary based on the volume of requests and the complexity of the issue. Xemelgo, Inc. does not guarantee immediate or specific response times.
4.4 Issues Covered: Support may cover technical issues related to the installation, configuration, and basic usage of the Xemelgo application. Xemelgo, Inc. may, at its discretion, provide guidance, troubleshooting steps, and information on known issues. Support does not cover customization, integration with third-party software, or issues caused by user error, improper use, or non-compliance with this Agreement.
4.5 Updates: Xemelgo, Inc. may release updates, patches, and bug fixes for the Xemelgo application to address known issues and improve functionality. It is recommended that users keep their Xemelgo application up to date with the latest available version to access the latest Support and improvements.
4.6 No Obligation: Xemelgo, Inc. is not obligated to provide Support, and the availability and extent of Support are subject to change without notice. Xemelgo, Inc. reserves the right to charge fees for additional or premium Support services, which will be disclosed separately.
4.7 User Responsibilities: To receive Support, users may be required to provide necessary information, including but not limited to Xemelgo application version, operating system, and a description of the issue. Users are responsible for cooperating with Xemelgo, Inc.’s Support team and following their guidance for issue resolution.
4.8 No Guarantee of Issue Resolution: While Xemelgo, Inc. will make reasonable efforts to address and resolve issues, it does not guarantee that all issues will be resolved or that the Xemelgo application will be error-free. Users acknowledge that software, including the Xemelgo application, may have inherent limitations and that Support may not always result in issue resolution.
5. Intellectual Property
5.1 Ownership: The Xemelgo application and all intellectual property rights therein are and shall remain the exclusive property of Xemelgo, Inc. and its licensors, if applicable. Intellectual property rights include, but are not limited to, patents, copyrights, trademarks, trade secrets, and any other proprietary rights associated with the Xemelgo application.
5.2 License Grant: This Agreement grants you a limited, non-exclusive, non-transferable, and revocable license to use the Xemelgo application strictly in accordance with the terms and conditions of this Agreement. The license does not convey to you any ownership interest or rights in the Xemelgo application or its intellectual property.
5.3 User Restrictions: You agree that you shall not and shall not allow any third party to: a. Copy, reproduce, distribute, modify, adapt, create derivative works from, or otherwise attempt to duplicate or reverse engineer the Xemelgo application, in whole or in part. b. Use the Xemelgo application in any manner not expressly authorized by this Agreement or applicable law. c. Remove, alter, or obscure any copyright, trademark, or proprietary notices displayed within the Xemelgo application. d. Circumvent, disable, or interfere with any security features, technical measures, or access controls used in the Xemelgo application. e. Use the Xemelgo application to infringe upon the intellectual property rights, privacy, or other rights of any third party.
5.4 Feedback and Suggestions: Xemelgo, Inc. welcomes your feedback, suggestions, or ideas regarding the Xemelgo application’s features and functionality ("Feedback"). While you retain ownership of any Feedback you provide, you grant Xemelgo, Inc. a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and exploit such Feedback in any way, without compensation or attribution.
5.5 Third-Party Intellectual Property: The Xemelgo application may include third-party software or content that is subject to separate intellectual property rights and licenses. Your use of such third-party software or content is subject to the terms and conditions of those third-party licenses, and you agree to comply with them.
5.6 Enforcement of Intellectual Property Rights: Xemelgo, Inc. reserves the right to take appropriate legal action to enforce its intellectual property rights, including seeking injunctive relief, damages, and attorneys' fees, where applicable, in the event of a breach of this Agreement or unauthorized use of the Xemelgo application.
5.7 Open-Source Software: Portions of the Xemelgo application may be based on open-source software, and their use is subject to the terms of the respective open-source licenses. A list of open-source components used in the Xemelgo application, and their corresponding licenses can be provided upon request.
6. Privacy
6.1 Privacy Policy: Your use of the Xemelgo application is also governed by our Privacy Policy, which can be found at https://xemelgo.com/privacy-policy. By using the Xemelgo application, you consent to the collection and use of your information in accordance with the Privacy Policy.
7. Termination
7.1 Termination: This Agreement is effective until terminated. Xemelgo, Inc. may terminate this Agreement at any time without notice if you breach any term of this Agreement. Upon termination, you must cease all use of the Xemelgo application and delete it from your devices.
8. Disclaimers
8.1 No Warranty: The Xemelgo application is provided "as is" without any warranties, express or implied. Xemelgo, Inc. disclaims all warranties, including but not limited to fitness for a particular purpose and non-infringement.
8.2 User-Initiated Actions: Xemelgo, Inc. shall not be held responsible for any actions taken by users as a result of using the Xemelgo application. Users are solely responsible for their decisions and actions, whether within or outside the scope of the Xemelgo application's functionality.
8.3 Geographic Limitations: Users should be aware that the availability and functionality of the Xemelgo application may vary by geographic location. Xemelgo, Inc. does not guarantee that the Xemelgo application will be accessible or fully functional in all regions.
8.4 Security Disclaimer: Xemelgo, Inc. recognizes the importance of data security but cannot guarantee absolute security. Users are encouraged to take reasonable measures to safeguard their data and devices, including the use of strong passwords and keeping software up to date.
8.5: No Endorsement: The inclusion of third-party content or links to external websites within the Xemelgo application does not constitute an endorsement by Xemelgo, Inc. Xemelgo, Inc. does not guarantee the accuracy, reliability, or quality of such content or websites and is not responsible for any actions or consequences resulting from accessing or using them. Users should exercise caution and discretion when interacting with third-party content or websites.
9. Limitation of Liability
9.1 Limitation of Liability: To the maximum extent permitted by applicable law, Xemelgo, Inc. and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.
10. Governing Law
10.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the United States, including federal law, and the laws of the state in which Xemelgo, Inc. is registered.
11. Updates to this Agreement
11.1 Amendments: Xemelgo, Inc. reserves the right to update or amend this End User License Agreement at its sole discretion. Any changes or modifications to this Agreement will be effective upon their posting on the Xemelgo, Inc.’s website or within the Xemelgo application. Users will be notified of the updated Agreement through the Xemelgo application or by other reasonable means.
11.2 Review of Updates: It is your responsibility to regularly review this Agreement for any changes. Your continued use of the Xemelgo application after the posting of any updates to this Agreement signifies your acceptance of the revised terms. If you do not agree to the updated terms, you may discontinue using the Xemelgo application.
11.3 Notice of Material Changes: In the event of material changes to this Agreement that substantially affect your rights or obligations, Xemelgo, Inc. may provide notice through the Xemelgo application, email, or other means as required by applicable law.
12. Contact Information
12.1 Contact: For questions about this Agreement, please contact us at info@xemelgo.com.
By using the Xemelgo application, you acknowledge that you have read, understood, and agreed to be bound by this Agreement.