Terms of Service

These Terms of Service outline the rights and obligations of the user and the vendor in relation to the service, forming a legal agreement. By using Xprt on your device, either as a guest or a registered user, you agree to the terms in accordance with this document.

This document was last updated and made effective on: 2024-04-05.

Definitions

For the purposes of these Terms of Service:

"We", "our" or "us" refers to 0x234 Pty Ltd, an Australian proprietary limited company.
"You" or "your" refers to the person or entity accessing or using the service.
"Service" or "platform" refers to our website, content, application and infrastructure which power Xprt.
"Account" refers to a unique account created for you to access the service or parts of the service.
"Device" refers to any electronic device that can access the service, including but not limited to a computer, a cell/mobile phone or a tablet.
"Personal data" refers to any information that relates to an identified or identifiable individual.
"Third-party social media service" refers to any website or any social network website through which a user can log in or create an account to use the service.
"Usage data" refers to data collected automatically, either generated by the use of the service or from the service infrastructure itself (for example, the duration of a page visit).
"User" refers to any person or entity accessing the service, with or without an account.
"Community" refers to the collective of users who interact, share information, and connect on the service.

Requirements

To use the service, and own an account, you agree to meet the following requirements:

You are at least 18 years of age.
You are a person or an entity with full legal capacity.
You must provide current and accurate information.
You are responsible for all content you provide.
You will not use the service to solicit the performance of any activity which infringes our rights or the rights of others.
You will not use the service to upload, transmit or otherwise distribute any objectionable content.

If you do not meet these requirements and/or any failure to do so may result in account termination as the service is not for you.

Proper Use

When creating an account with the service, it's imperative that your usage aligns with the guidelines and intended purposes set forth by the service. The service is designed to accommodate a variety of users, each with different needs and expectations.

You agree to use your account in a manner that is consistent with its intended purpose and in compliance with these Terms of Service. We reserve the right to review and monitor account activities to ensure compliance with our usage policies.

Should we determine that an account is being used inappropriately, or in a manner that is not consistent with its intended purpose or these Terms, we reserve the right to take appropriate action, which may include suspending or discontinuing your account.

Usage Outside of Australia

The service is designed to cater to a global audience and, as such, we welcome users from around the world. However, it's important to note that while the service is accessible globally, our operations are based in Australia, and we are subject to Australian laws and regulations.

Users accessing the service from outside Australia do so on their own initiative and are responsible for compliance with their local laws regarding online conduct and acceptable content. It's crucial for users to ensure that their use of the service aligns with the legal requirements within their own jurisdictions, especially in areas concerning data privacy, content standards, and online conduct.

Please be aware that the information you provide or the content you share on the service is stored and processed in Australia, and by using our service, you consent to this transfer, storage, and processing in accordance with Australian laws, which may differ from those in your country.

Intellectual Property

You represent and warrant that you are the creator and owner of the content you provide, and this content is solely owned by you. We do not own, represent or claim any intellectual property rights over the content that you provide.

You may not copy, modify, reverse engineer, disassemble, decompile, remove, reproduce, resell, mirror or create derivative works or updates of, or attempt to derive the source code of the service, except with prior written consent.

Violations of the obligations above, as well as the attempt of such infringement may be subject to immediate account termination and/or legal consequences.

Account Security

You are responsible for keeping your linked third-party social media service(s) secure, as well as keeping your credentials to those services secure. While two-factor authentication is not required, we highly recommend it in protecting your account from unauthorised access through your third-party social media service(s). Should your account(s) become compromised, used or in control by an unauthorised party, you agree to notify us immediately.

The service does not store any access tokens nor maintains any continuous access to your third-party social media service(s), except to provide authorisation on login for you to access your account. Any tokens to said service are discarded from this point.

Your access to the service will continue even if you log out of your third-party social media service which was used to log in. You are advised to explicitly log out of the service at the end of your session on any device which is not for your personal use only.

Custom Profile Aliases

The platform allows users to customise their alias which forms their profile URL, such as xprt.dev/p/youralias. This feature enables you to personalise your presence on the platform. However, with this capability comes the responsibility to adhere to the following guidelines:

Prohibited Language: Users must not use any language in their aliases that is prohibited. This includes, but is not limited to, racist, derogatory, abusive, or swear words.
Intellectual Property: Users must avoid terms or phrases that infringe on intellectual property or copyright. Your chosen alias must not violate the rights of individuals or entities.

We reserve the right to redact or require modification of an alias if it does not adhere to these guidelines. In cases where an alias is deemed inappropriate, we may intervene to ensure the alias aligns with our community standards and legal obligations.

Links to Other Websites

The service may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third-party site. While we strive to maintain the integrity of our service, we cannot guarantee the safety of all external links posted by users. We will make a reasonable effort to remove or block any harmful links that are identified, but we cannot assure that all such links will be found or removed before they are accessed.

We have no control over and assume no responsibility for the content, products, or services on or available from those websites or resources. You are solely responsible for and assume all risks arising from your use of any third-party websites or resources.

We strongly encourage you to review the privacy policy and terms of service of every site you visit, especially before sharing any personal information or engaging in any transactions. Your vigilance is a critical component of safeguarding your online security and privacy.

Termination

The agreement of these terms can be terminated at any time by closing your account and ceasing to access the service in its entirety.

We reserve the right to terminate the account if these terms have been violated, and you reserve the right to terminate the account should you wish to discontinue using the service.

Account termination can be performed by the account owner within the service (if applicable), or otherwise by contacting us with the details outlined in this document from the registered email address. We reserve the right to request further identification in relation to the personal data stored within your account to protect any wrongful or unauthorised termination requests.

Refusal of Service

At our discretion, we reserve the right to refuse service to any user, to terminate any accounts owned by the user, and if applicable, to disallow any devices associated with the user.

Modifications to the Service

We continually strive to improve our service and may add, modify or remove features or functionality to the service at our discretion. In case of removal or modification of certain features, those changes may affect your ability to use those features or the service in the same way as prior to the change. We will attempt to notify you of any significant changes to features that could affect your use of the service, but we are under no obligation to do so.

By continuing to use the service after those changes become effective, you agree to be bound by the revised service. However, if a modification to the service materially reduces functionality you have paid for, you may be eligible for a partial refund or credit at our discretion.

Discontinuance to the Service

At our discretion, we reserve the right to discontinue the service and cease further operation with no less than 30 days prior notice. This notice will be provided on the service. Any active subscriptions at the time of discontinuation will be cancelled and refunds will be issued on a pro-rated basis with respect to the amount of time remaining on the subscription.

Data Loss

We will not be responsible under any circumstances for any data that is lost, corrupted or rendered unreadable due to:

Communication and/or transmission errors, or other related failures.
Equipment failures (including but not limited to silent hardware corruption-related issues).
Our failure to backup or secure data, or the loss or damage to backup media or facilities.
Failure or neglect to synchronise data to the service servers by logging in.

Indemnification

You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including legal fees) made against us by any third-party due to or arising out of or in connection with your use of the service, including but not limited to:

A breach of any obligation, representation or warranty hereunder.
Misuse of any feature or relative system within the service.
Infringement of anyone's intellectual property or proprietary or personal rights.

You acknowledge and agree that it is your sole responsibility to accurately utilise the platform, adhere to its community guidelines, respect other users' rights, and comply with all applicable laws. We shall not be held liable for any consequences, financial or otherwise, arising from misuse, community engagement discrepancies, or disputes that may occur with other users or third parties.

Representations and Warranties

The service is provided to you on an "as is" and "as available" basis, which means we do not provide warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose to any warranties that:

The service will meet your specific requirements.
The service will be uninterrupted, timely, secure or error-free.
The results that may be obtained from the use of the service will be accurate or reliable.
The quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations.
Any errors in the service will be corrected.
Any requested enhancements will be delivered.

Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for, and we disclaim liability to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.

Unlawful Activities

We do not condone, under any circumstances, the use of the service for unlawful activities, harassment of other users, or the distribution of harmful or inappropriate content. You agree not to use the service for any such purpose.

Any activities suspected of being unlawful, harassing, harmful or inappropriate will result in the immediate suspension or termination of service, at our discretion. These actions may also lead to legal consequences. We reserve the right to report any suspected unlawful activities to law enforcement authorities.

Governing Law and Dispute Resolution

You agree that all matters relating to your access to or use of the service, including all disputes, will be governed by the law of South Australia, Australia, and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.

You must not commence any arbitration or court proceedings relating to a dispute unless it has complied with the provisions of this clause, except where you seek urgent injunctive relief. If there is a dispute arising out of or in relation with these terms, then the following dispute resolution steps are to be taken:

The party raising the dispute must first notify the other party in writing of the dispute, and provide sufficient detail to enable the dispute to be considered.
Both parties must discuss or enter into correspondence about the dispute and attempt to resolve it.
If the dispute is not resolved within 30 days of when the dispute was first notified, then the dispute shall be submitted to arbitration in accordance with, and subject to the Institute of Arbitrators and Mediators Australia Fast Track Arbitration Rules.

Severability

In the event that any provision of these Terms of Service is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions are deemed to conflict with each other's operation, we shall have the sole right to elect which provision remains in force.

Changes to the Terms of Service

You acknowledge that, from time to time, circumstances may arise that make it necessary or desirable to vary certain provisions of these terms, in which we reserve the right to do so at any time. Unless explicitly stated, any new features that modify or enhance the service shall be subject to these terms.

Any changes will become effective when posted and made available on this page. We will let you know via a prominent notice on the service, prior to the change becoming effective and update the "Last updated" date at the top of these Terms of Service.

You are advised to review these Terms of Service periodically for any changes, and any continued use of the service following the posting of changes constitutes your acceptance of the updated Terms of Service.

Contact Us

If you have any questions, concerns, or suggestions regarding our Terms of Service, we encourage you to reach out to us. We are dedicated to providing you with the support and clarity you need to fully enjoy and utilise the platform.

For any inquiries, please contact us via email at: [email protected]

We are committed to addressing your concerns as swiftly as possible. If you have any urgent issues, especially those concerning the Terms of Service, kindly indicate 'Urgent: Terms of Service Inquiry' in the email subject line to ensure your query receives prompt attention.