These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with
https://xyrra.ai website (the “Service”) operated by Xyrra
Ltd (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service. Your access to
and use of the Service is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who access or use the Service. By
accessing or using the Service you agree to be bound by these Terms. If you disagree with
any part of the terms then you may not access the Service.
Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will
be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are
set either on a monthly or annual basis, depending on the type of subscription plan you
select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription
will automatically renew under the exact same conditions unless you cancel it or Xyrra
cancels it. You may cancel your Subscription renewal either through your online account
management page or by contacting Xyrra customer support team. A valid payment method,
including credit or debit card, is required to process the payment for your Subscription.
You shall provide Xyrra with accurate and complete billing information including full name,
address, state, zip code, telephone number, and a valid payment method information. By
submitting such payment information, you automatically authorise Xyrra to charge all
Subscription fees incurred through your account to any such payment instruments. Should
automatic billing fail to occur for any reason, Xyrra will issue an electronic invoice
indicating that you must proceed manually, within a certain deadline date, with the full
payment corresponding to the billing period as indicated on the invoice.
Free Trial
Xyrra may, at its sole discretion, offer a Subscription with a free trial for a limited
period of time (“Free Trial”). You may be required to enter your billing information in
order to sign up for the Free Trial. If you do enter your billing information when signing
up for the Free Trial, you will not be charged by Xyrra until the Free Trial has expired. On
the last day of the Free Trial period, unless you cancelled your Subscription, you will be
automatically charged the applicable Subscription fees for the type of Subscription you have
selected. At any time and without notice, Xyrra reserves the right to (i) modify the terms
and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes
Xyrra, in its sole discretion and at any time, may modify the Subscription fees for the
Subscriptions. Any Subscription fee change will become effective at the end of the
then-current Billing Cycle. Xyrra will provide you with a reasonable prior notice of any
change in Subscription fees to give you an opportunity to terminate your Subscription before
such change becomes effective. Your continued use of the Service after the Subscription fee
change comes into effect constitutes your agreement to pay the modified Subscription fee
amount.
Refunds
Certain refund requests for Subscriptions may be considered by Xyrra on a case-by-case basis
and granted in sole discretion of Xyrra.
Content
Our Service allows you to post, link, store, share and otherwise make available certain
information, text, graphics, videos, or other material (“Content”). You are responsible for
the Content that you post to the Service, including its legality, reliability, and
appropriateness. By posting Content to the Service, you grant us the right and license to
use, modify, publicly perform, publicly display, reproduce, and distribute such Content on
and through the Service. You retain any and all of your rights to any Content you submit,
post or display on or through the Service and you are responsible for protecting those
rights. You agree that this license includes the right for us to make your Content available
to other users of the Service, who may also use your Content subject to these Terms. You
represent and warrant that: (i) the Content is yours (you own it) or you have the right to
use it and grant us the rights and license as provided in these Terms, and (ii) the posting
of your Content on or through the Service does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person.
Accounts
When you create an account with us, you must provide us information that is accurate,
complete, and current at all times. Failure to do so constitutes a breach of the Terms,
which may result in immediate termination of your account on our Service. You are
responsible for safeguarding the password that you use to access the Service and for any
activities or actions under your password, whether your password is with our Service or a
third-party service. You agree not to disclose your password to any third party. You must
notify us immediately upon becoming aware of any breach of security or unauthorized use of
your account. You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trade mark that is subject to any rights of another
person or entity other than you without appropriate authorisation, or a name that is
otherwise offensive, vulgar or obscene.
Whitelabel
Subject to the terms and conditions of this Agreement, Xyrra hereby grants you permission to
access and use the Service and the Website in accordance with this Agreement and the
limitations of the Subscription Plan that you select when subscribing to the Service, which
may be found at https://xyrra.ai or another URL that we
designate. You may not, directly or indirectly, (a) sublicense, resell, rent, lease,
transfer, assign, time share or otherwise commercially exploit or make the Service or any
portion thereof available to any third party; (b) use the Service for any purpose or in any
manner that is unlawful (including without limitation in violation of any data, privacy,
anti-bribery or export control laws) or is prohibited by this Agreement; (c) read or attempt
to read or derive the source code of the Service or the software underlying the Service
(except as permitted by law); (d) work around any technical limitations in the Service; (e)
interfere or attempt to interfere with or disrupt the integrity, security, functionality or
performance of the Service or its components; (f) use the Service in any manner that damages
or impairs the Website or interferes with any other party’s use of the Service; (g) modify,
translate, adapt, create or attempt to create any derivative works of the Service; (h) access
the Service if you are a competitor of ours or use the Service to build a similar or
competitive work; (i) hack or otherwise attempt to gain unauthorised access to the Service or
its related systems or networks; or (j) use or launch any automated system, including,
“robots,” “spiders,” or “offline readers,” that sends more request messages to our servers
in a given period of time than a human can reasonably produce in the same period by using a
conventional browser. You will promptly notify Xyrra if you learn of any unauthorised use or
breach of security related to the Service.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any
claim that Content posted on the Service infringes the copyright or other intellectual
property infringement (“Infringement”) of any person. If you are a copyright owner, or
authorised on behalf of one, and you believe that the copyrighted work has been copied in a
way that constitutes copyright infringement that is taking place through the Service, you
must submit your notice in writing to the attention of “Copyright Infringement” of
support@xyrraai.com and include in your notice a
detailed description of the alleged Infringement. You may be held accountable for damages
(including costs and attorneys' fees) for misrepresenting that any Content is infringing
your copyright.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and
functionality are and will remain the exclusive property of Xyrra and its licensors. The
Service is protected by copyright, trademark, and other laws of both the UK and foreign
countries. Our trademarks and trade dress may not be used in connection with any product or
service without the prior written consent of Xyrra.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or
controlled by Xyrra. Xyrra has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or services. You further
acknowledge and agree that Xyrra shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through any such web sites or
services. We strongly advise you to read the terms and conditions and privacy policies of any
third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for
any reason whatsoever, including without limitation if you breach the Terms. Upon
termination, your right to use the Service will immediately cease. If you wish to terminate
your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall Xyrra, nor its directors, employees, partners, agents, suppliers, or
affiliates, be liable for any indirect, incidental, special, consequential or punitive
damages, including without limitation, loss of profits, data, use, goodwill, or other
intangible losses, resulting from (i) your access to or use of or inability to access or use
the Service; (ii) any conduct or content of any third party on the Service; (iii) any content
obtained from the Service; and (iv) unauthorised access, use or alteration of your
transmissions or content, whether based on warranty, contract, tort (including negligence) or
any other legal theory, whether or not we have been informed of the possibility of such
damage, and even if a remedy set forth herein is found to have failed of its essential
purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS
AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or
implied, including, but not limited to, implied warranties of merchantability, fitness for a
particular purpose, non-infringement or course of performance. Xyrra its subsidiaries,
affiliates, and its licensors do not warrant that a) the Service will function uninterrupted,
secure or available at any particular time or location; b) any errors or defects will be
corrected; c) the Service is free of viruses or other harmful components; or d) the results
of using the Service will meet your requirements.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales,
without regard to its conflict of law provisions. Our failure to enforce any right or
provision of these Terms will not be considered a waiver of those rights. If any provision of
these Terms is held to be invalid or unenforceable by a court, the remaining provisions of
these Terms will remain in effect. These Terms constitute the entire agreement between us
regarding our Service, and supersede and replace any prior agreements we might have between
us regarding the Service.
Access to your personal data
You have the right to request access to your personal data. If you would like a copy of the
information held on you, please contact us (see details below)
Changes
We reserve the right, at our sole discretion, 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 Service after those revisions become
effective, you agree to be bound by the revised terms. If you do not agree to the new terms,
please stop using the Service.
