Terms of Service

Welcome to Xermius. These Terms of Service ("Terms") govern your access to and use of Xermius's software applications, websites, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not access or use the Services.

1. Acceptance of Terms

By creating an account, downloading, installing, or using Xermius, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

These Terms constitute a legally binding agreement between you and Xermius. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

2. Account Registration and Security

2.1 Account Creation

To access certain features of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

2.2 Account Eligibility

You must be at least 13 years old to use the Services. If you are under 18, you represent that you have your parent's or guardian's permission to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements.

2.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including if we believe you have violated these Terms. You may also terminate your account at any time by contacting our support team.

3. License and Permitted Use

3.1 License Grant

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

3.2 Restrictions

You agree not to:

• Copy, modify, or create derivative works of the Services
• Reverse engineer, decompile, or disassemble the Services
• Rent, lease, lend, sell, sublicense, or transfer the Services
• Remove, alter, or obscure any proprietary notices on the Services
• Use the Services for any illegal or unauthorized purpose
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any portion of the Services
• Use the Services to transmit viruses, malware, or other malicious code
• Violate any applicable laws or regulations

3.3 Acceptable Use

You are responsible for your use of the Services and for any content you transmit through the Services. You agree to use the Services only for lawful purposes and in accordance with these Terms.

4. Subscription and Payment

4.1 Subscription Plans

Xermius offers both free and paid subscription plans. The features available to you depend on your subscription plan. We reserve the right to modify our subscription plans and pricing at any time.

4.2 Payment Terms

If you purchase a paid subscription:

• You agree to pay all fees associated with your subscription
• Payments are processed through third-party payment processors
• Subscriptions automatically renew unless cancelled before the renewal date
• All fees are non-refundable except as required by law or as explicitly stated
• You are responsible for all taxes associated with your purchase

4.3 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations will take effect at the end of your current billing period. We do not provide refunds for partial subscription periods, except as required by applicable law.

4.4 Free Trial

We may offer free trials for certain subscription plans. If you do not cancel before the end of the trial period, you will be automatically charged for the subscription. We reserve the right to modify or cancel free trial offers at any time.

5. User Content and Data

5.1 Your Content

You retain all rights to the data, configurations, and content you store or transmit through the Services ("User Content"). By using the Services, you grant Xermius a limited license to store, process, and transmit your User Content solely to provide the Services to you.

5.2 Data Security

We implement industry-standard security measures to protect your User Content. However, you acknowledge that no method of transmission or storage is completely secure, and you use the Services at your own risk.

5.3 Data Backup

While we take reasonable measures to back up data, you are responsible for maintaining your own backups of important data. We are not liable for any loss or corruption of your User Content.

6. Intellectual Property Rights

6.1 Xermius Property

The Services, including all software, designs, text, graphics, logos, and other content (excluding User Content), are owned by Xermius and are protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted to you are reserved by Xermius.

6.2 Trademarks

"Xermius" and related logos are trademarks of Xermius. You may not use these trademarks without our prior written permission.

6.3 Feedback

If you provide us with any feedback, suggestions, or ideas about the Services, you grant us the right to use such feedback without any obligation to you.

7. Third-Party Services and Links

The Services may contain links to third-party websites or integrate with third-party services. We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Xermius shall not be liable for any damage or loss caused by your use of any third-party services.

Your use of third-party services is subject to their respective terms and conditions and privacy policies.

8. Disclaimers and Warranties

8.1 "As Is" Basis

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

8.2 No Guarantee

Xermius does not warrant that:

• The Services will meet your requirements or expectations
• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• Any errors in the Services will be corrected

8.3 Use at Your Own Risk

You understand and agree that you download, install, and use the Services at your own discretion and risk, and that you will be solely responsible for any damage to your device or loss of data that results from such use.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XERMIUS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO 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 Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL XERMIUS'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID TO XERMIUS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Xermius, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your User Content.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting our support team or through your account settings. Upon termination, your right to use the Services will immediately cease.

11.2 Termination by Xermius

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, we may delete your account and User Content.

11.3 Effect of Termination

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

If you have any dispute with Xermius, you agree to first contact us at legal@xermius.com and attempt to resolve the dispute informally for at least 30 days before initiating any formal proceedings.

12.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

12.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Xermius individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, no dispute shall be arbitrated on a class-action basis, and you waive any right to participate in a class-action lawsuit or class-wide arbitration.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Xermius is registered, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in the jurisdiction where Xermius is registered, and you irrevocably consent to the personal jurisdiction and venue therein.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Xermius regarding the Services and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.

14.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Xermius's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice to you.

14.5 Force Majeure

Xermius shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15. Export Compliance

You agree to comply with all applicable export and import control laws and regulations in your use of the Services. You represent that you are not located in a country that is subject to a government embargo or that has been designated as a "terrorist supporting" country, and that you are not listed on any government list of prohibited or restricted parties.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Services. Your continued use of the Services after such notification constitutes your acceptance of the modified Terms.

We encourage you to review these Terms periodically to stay informed about our terms and conditions.

17. Contact Information

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

• Email: legal@xermius.com
• Email: support@xermius.com
• Website: https://xermius.com/contact