Xaoo.com reserves the right to change this Agreement at any time at its absolute discretion without prior notice to the Customer, and such changes will be made available on the Website. Such changes will be binding on the Customer, and it is the Customer’s obligation to ensure that they have read and agree to the most recent Agreement.
Use of Software
Subject to the Terms and Conditions of this Agreement, xaoo.com hereby grants to the Customer an exclusive right to access and use the Software via the Website.
Xaoo.com reserves the right, at its sole discretion, to refuse an application to use the Software or Website. This may be due to technical constraints because the Customer or the Customer’s business has been banned by xaoo.com from using the Software or Website or for any other reason. No charge will be made by xaoo.com to the Customer for refused applications.
Proprietary Rights
Xaoo.com retains all right, title and interest in and to the Software and the Website, including without limitation all intellectual property rights therein. The Customer shall keep the Software and the Website free of all security interests, liens, or other encumbrances and the Customer may not sell, lease, license, a loan or otherwise transfer or dispose of the Software or the Website.
Xaoo.com will be the sole owner of any improvements or enhancements it makes to the Software or the Website, even if such improvements or enhancements are based on feedback provided by the Customer, and the Customer hereby assigns to xaoo.com all rights and title to such improvements or enhancements and will execute all documents necessary to effect such ownership.
Usage Restrictions
As a condition of this Agreement, the Customer agrees:
Ownership of data
Title to and ownership of the Data remains with the Customer. However, the Customer’s access to the Data is contingent on full payment of the Subscription Fee. The Customer must maintain copies of all Data inputted into the Software and Splendid Accounts is not liable for any loss of such data howsoever arising.
Payment
the Customer will be required to pay the Subscription Fee xaoo.com to continue to access the Software. Unless otherwise stated, Customer will not be able to use this software.
By subscribing to the Software, the Customer authorizes xaoo.com to charge the Customer’s credit/debit card on a monthly/yearly basis. The first Subscription Fee payment shall be made on or after the Effective Date and each subsequent payment shall be made on the same day of each subsequent month/ year.
Termination
If the Customer fails to abide by the Terms and Conditions of this Agreement, or if the Subscription Fees are not paid on time, xaoo.com reserves the right to terminate this Agreement. xaoo.com also reserves the right to permanently terminate this Agreement (including during any ‘Free trial’ or ‘beta trial’ period) without cause by giving one months’ notice to the Customer at any time.
Upon termination of this Agreement, whether with or without cause and howsoever arising, xaoo.com will immediately suspend and/or permanently terminate the Customer’s use of and access to the Software and the Website.
Xaoo.com may permanently delete the Customer’s Data 90 days after this Agreement has been terminated.
Confidentiality
“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including, without limitation, the Software but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party. Unless the relevant party has the prior written consent of the other or unless required to do so by law, each party will preserve the confidentiality of all confidential information of the other obtained in connection with this Agreement. Neither party will, without the prior written consent of the other, disclose or make any confidential information available to any person, or use the same for its own benefit, other than as contemplated by this Agreement.
The provisions of this clause shall survive the termination of this Agreement.
Acknowledgments by Customer
The Customer acknowledges that:
Limitation of Liability
Xaoo.com gives no warranty about the Software or the Website and does not warrant that the Software or the Website will be error-free, timely, reliable, entirely secure, virus-free, and available or that it will be suitable for the Customer’s purposes or requirements to the maximum extent permitted by law.
Severability
If any part or provision of the Terms and Conditions of this Agreement is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Entire Agreement
These Terms and Conditions and the Privacy Policy supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between the Customer and Splendid Accounts.
Acceptance
By selecting the “I have read and accept the Terms and Conditions” option upon Registration, the Customer agrees to be bound by all of the above-listed clauses.