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XTM On Demand End-user Licence Agreement

PLEASE READ THESE LICENCE TERMS CAREFULLY

XTM ON DEMAND (XOD) IS FREE OF CHARGE TO USERS WHO ARE APPROVED USE BY US AND HAVE AGREED TO THE TERMS BELOW BY ACCESSING XOD.

AGREEMENT TERMS AND DETAILS

XOD PUBLISHER

XTM International Limited (“we/us”) of Ponders, Hedgerley Lane, Gerrards Cross, SL9 8SY license you to use:

XOD DETAILS

  1. XOD application software, the data supplied with the software, and any updates or supplements to it.
  2. The related online or electronic documentation (Documentation).
  3. The service you connect to via XOD and the content we provide to you through it (Service).

as permitted in these terms.

YOUR PRIVACY

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our XOD Privacy Policy which is available to view on our website and it is important that you read that information.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using XOD or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

EULA’S TERMS ALSO APPLY

The ways in which you can use XOD may also be controlled by the EULA’s rules and policies (such as Apple, Google, etc) rules and policies will apply instead of these terms where there are differences between the two.

SUPPORT FOR XOD AND HOW TO REPORT PROBLEMS

Support. If you have any problems using XOD please take a look at our support resources or contact support via email at marketing@xtm.cloud.

Contacting us (including with complaints). If you think XOD is faulty or misdescribed or wish to contact us for any other reason please email our support team at marketing@xtm.cloud.

How we will communicate with you. If we have to contact you, we will do so by email, or by the support platform. using the contact details you have provided to us.

HOW YOU MAY USE XOD, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

In return for your agreeing to comply with these terms you may:

  • View, use and display XOD on such devices for your personal purposes.
  • Use any Documentation to support your permitted use of XOD; and
  • Receive and use any free supplementary software code or update of XOD incorporating “patches” and corrections of errors as we may provide to you.

YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE XOD

YOU MAY NOT TRANSFER USE TO SOMEONE ELSE

We are giving you personally the right to use XOD as set out. Whilst you may have sharing rights as set out above, you may not otherwise transfer XOD to someone else, whether for money, for anything else or for free. If you sell any device on which XOD is installed, you must remove XOD from it.

CHANGES TO THESE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 10 days’ notice of any change by notifying you of a change when you next use XOD.

If you do not accept the notified changes you will not be permitted to continue to use XOD.

UPDATE TO XOD AND CHANGES TO THE SERVICE

From time to time, we may automatically update XOD and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

You will not be able to continue using the XOD on the previous version.

XOD will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you accessed it.

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download or stream XOD onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using XOD or any of the Services, you agree to us collecting and using technical information about the devices you use the XOD on and related software, hardware and peripherals to improve our products and to provide any Services to you.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

XOD or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

LICENCE RESTRICTIONS

You agree that you will:

  • Not rent, lease, sub-license, loan, provide, or otherwise make available, XOD or the Services in any form, in whole or in part to any person without prior written consent from us;
  • Not copy XOD, Documentation or Services, except as part of the normal use of XOD or where it is necessary for the purpose of back-up or operational security;
  • Not translate, merge, adapt, vary, alter or modify, the whole or any part of XOD, Documentation or Services nor permit the XOD or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use XOD and the Services on devices as permitted in these terms;
  • Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of XOD or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile XOD to obtain the information necessary to create an independent program that can be operated with XOD or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • Is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • Is not used to create any software that is substantially similar in its expression to XOD;
  • Is kept secure; and
  • Is used only for the Permitted Objective;
  • Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by XOD or any Service.

ACCEPTABLE USE RESTRICTIONS

You must:

  • Not use XOD or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into XOD, any Service or any operating system;
  • Not infringe our intellectual property rights or those of any third party in relation to your use of XOD or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
  • Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of XOD or any Service;
  • Not use XOD or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • Not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in XOD, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in XOD and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, XOD, the Documentation or the Services other than the right to use them in accordance with these terms.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for direct loss or direct damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. XOD is for domestic and private use. If you use XOD for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to XOD and the Services. XOD and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from XOD or the Service. Although we make reasonable efforts to update the information provided by XOD and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with XOD. We recommend that you back up any content and data used in connection with XOD, to protect yourself in case of problems with XOD or the Service.

Check that XOD and the Services are suitable for you. XOD and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of XOD and the Services (as described on the appstore site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for XOD or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.

WE MAY END YOUR RIGHTS TO USE XOD AND THE SERVICES IF YOU BREAK THESE TERMS

We may end your rights to use XOD and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use XOD and Services you must stop all activities authorised by these terms, including your use of XOD and any Services.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

NO RIGHTS FOR THIRD PARTIES

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.