1. DEFINITIONS
1.1 "Site"
Refers to xosend.com, including all associated websites, subdomains, and mobile applications operated by or on behalf of the owners of xosend.com.
1.2 "We," "Us," or "Our"
Refers to the owner(s) and operator(s) of the Site, including their affiliates and any legal successors engaged in offering the Site’s services.
1.3 "You"
Means any individual, company, organization, or other entity that accesses or uses the Site, regardless of whether such access is for personal, professional, or commercial purposes.
1.4 "Services"
Encompasses all functionalities provided through the Site, including but not limited to the WebRTC-based interface for negotiating peer-to-peer connections, and any other features, applications, or functionalities offered.
1.5 "User-Generated Content"
Refers to any data, information, text, images, audio, or other content that You transmit, upload, submit, or otherwise make available through the Site’s Services.
1.6 "Third-Party Content"
Includes any content, links, materials, or information that are provided by or originate from parties other than Us and may be accessible on or through the Site.
2. ACCEPTANCE OF TERMS
2.1 General Agreement: By accessing or using xosend.com (the "Site"), you affirm that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to all portions of these Terms, you are prohibited from accessing or using the Site.
2.2 Binding Nature: Your use of the Site constitutes your irrevocable acceptance of these Terms in their entirety. Continued use of the Site following any amendments or modifications to these Terms will be deemed acceptance of those changes.
2.3 No Implied Consent: Neither your silence nor your failure to explicitly affirm your acceptance of updated Terms shall be taken as a waiver of your continued compliance with the Terms or as consent to any modifications.
2.4 Separate Agreements: In the event that there are any additional policies, guidelines, or notices posted on or within the Site, such documents shall be read in conjunction with these Terms. However, in case of any conflict between them, these Terms shall govern the use of the Site unless a separate, written agreement is expressly provided.
3. MODIFICATIONS TO TERMS
3.1 Right to Update: We reserve the right, at our sole discretion, to modify, update, or amend these Terms at any time without prior notice. Any modifications will be effective immediately upon posting the updated Terms on the Site, with the new "Effective Date" clearly indicated.
3.2 Acceptance of Terms: Access to the Site's core functionality is conditional upon your acceptance of these Terms. By checking the "I agree" box on the main page, you affirm that you have read, understood, and agree to be bound by the current version of these Terms, as indicated by the "Effective Date" at the top of this page.
3.3 Modifications and Future Acceptance: We reserve the right to modify these Terms at any time. When we do, we will update the "Effective Date" on this page and on the main page's consent checkbox. It is your responsibility to review the Terms periodically. If you do not agree to the modified Terms, you should not check the box and should cease using the Site.
4. USE LICENSE AND PERMITTED USE
4.1 License Grant:
Subject to your full compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use xosend.com (the "Site") and its content solely for your personal, non-commercial purposes or as otherwise expressly authorized by us in writing.
4.2 Permitted Use:
You may use the Site to:
- Access and view content and information made available on the Site.
- Utilize any public features or functionalities provided through the Site.
- Engage in activities that are expressly permitted by these Terms or by separate written agreements with us.
4.3 Restrictions:
You agree that you will not:
- Use the Site in any manner that violates any applicable law or regulation.
- Copy, reproduce, modify, distribute, publicly display, or create derivative works of any part of the Site or its content, except as expressly permitted by us.
- Use automated systems or tools (e.g., robots, spiders) to access, scrape, or monitor the Site’s content without our prior written consent.
- Engage in any conduct that would interfere with or disrupt the operation or security of the Site or its associated services.
4.4 Intellectual Property Rights:
All content, trademarks, service marks, trade names, logos, and other intellectual property displayed on the Site are the property of xosend.com or its licensors. This license does not grant you any ownership rights with respect to any intellectual property displayed or made available through the Site.
4.5 Suspension or Termination:
We reserve the right to suspend or terminate your license and access to the Site immediately, at our sole discretion, if we determine that you have breached any of these Terms or if your use of the Site is found to be contrary to the permitted uses described herein.
5. USER ACCOUNT & SECURITY
5.1 Account Registration:
If you choose to register for an account on the Site, you agree to provide accurate, current, and complete information as requested. You are responsible for updating this information promptly to reflect any changes.
5.2 Account Security:
You are solely responsible for maintaining the confidentiality of your login credentials, including your password, and for restricting access to your account. All activities that occur under your account are your responsibility. You agree to immediately notify us of any unauthorized use or suspected breach of security regarding your account.
5.3 Liability for Account Activity:
By using the Site, you acknowledge that you are fully responsible for any and all actions taken under your account. In the event of any unauthorized use or breach of security, you agree to indemnify and hold harmless xosend.com for any resulting losses or damages.
5.4 Monitoring and Enforcement:
We reserve the right to monitor account usage and, without prior notice, suspend or terminate any account at our sole discretion if we determine that the account activity violates these Terms or poses a security risk.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Ownership of Content:
All materials and Content provided on and via the Site, including, but not limited to, text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software (collectively, the "Content"), are the exclusive property of xosend.com, its affiliates, or its licensors and are protected by applicable intellectual property laws. All rights not expressly granted herein are reserved.
6.2 Limited License:
Subject to your compliance with these Terms, xosend.com grants you a limited, non-exclusive, non-transferable, and revocable license to access and view the Content solely for your personal, non-commercial use. You agree that you will not use, reproduce, modify, distribute, or create derivative works from any Content except as expressly permitted under these Terms or with prior written consent from the appropriate party.
6.3 Trademark Notice:
All trademarks, service marks, trade names, logos, and domain names displayed on the Site are the property of xosend.com or its respective owners. Nothing in these Terms grants you a right or license to reproduce or use any such marks without the express written permission of xosend.com or the respective trademark owner.
6.4 Restrictions on Use:
You agree not to engage in any activity that infringes, misappropriates, or otherwise violates or interferes with the intellectual property or other proprietary rights of xosend.com or any third party. This includes, without limitation, unauthorized copying, performing, transmitting, or otherwise distributing any Content available on the Site.
6.5 No Implied Rights:
Except as expressly provided herein, no license or right, whether by implication, estoppel, or otherwise, is granted to you with respect to any intellectual property or other proprietary rights of xosend.com or any third party.
6.6 Infringement Claims:
If you believe that any Content or other materials available on the Site infringe upon any intellectual property rights, please notify xosend.com with a description of the alleged infringement. We will review such notifications and take appropriate action in accordance with applicable law.
7. DISCLAIMER OF WARRANTIES
7.1 As-Is Basis:
xosend.com and its content are provided on an "as is" and "as available" basis without any warranties or representations of any kind, whether express, implied, statutory, or otherwise. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
7.2 No Guarantee of Operation:
We do not warrant that the Site will meet your requirements, or that the Site will be uninterrupted, secure, free of errors, or completely reliable. Neither do we guarantee the accuracy, completeness, or usefulness of any content, information, or materials available on or through the Site.
7.3 No Liability for Interference or Access Issues:
xosend.com is not responsible for any delays, failures, or interruptions in the operation of the Site, including those resulting from maintenance, unforeseen interruptions, or force majeure events. You acknowledge that access and use of the Site are entirely at your own risk.
7.4 User Responsibility for Communications:
As the Site facilitates a WebRTC interface for negotiating peer-to-peer connections, we expressly disclaim any responsibility for the content transmitted between users. You are solely responsible for the conduct, communications, and any actions taken during and as a result of such interactions.
7.5 Third-Party Content and Links:
The Site may include content or links provided by third parties. We do not endorse, guarantee, or assume responsibility for the accuracy, reliability, or suitability of any such external content. Use of external links is at your own discretion and risk.
7.6 No Warranty on Updates:
Any updates, upgrades, or enhancements to the Site are provided without any warranty as to their continued operation or compatibility with your systems or devices.
8. LIMITATION OF LIABILITY
8.1 Exclusion of Certain Damages:
In no event shall xosend.com, its affiliates, licensors, officers, directors, employees, or agents be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages (including, but not limited to, loss of profits, revenue, data, or other intangible losses) arising out of or in connection with your access to or use of the Site. The Site is provided free-of-charge on an "as is" and "as available" basis without any warranties, whether express, implied, statutory, or otherwise.
8.2 Aggregate Liability:
Notwithstanding any damages that you might incur, the total aggregate liability of xosend.com for any claim, whether in contract, tort (including negligence), or otherwise, arising out of or relating to these Terms or your use of the Site shall not exceed £100. This limitation applies to all claims, including claims based on breach of contract, warranty, statute, or any other legal theory, and reflects that the service is provided entirely free-of-charge.
8.3 Exclusions and Jurisdictional Limitations:
Some jurisdictions do not allow limitations on the exclusion or liability for incidental or consequential damages, so the above limitations may not apply to you. In such cases, xosend.com's liability will be limited to the fullest extent permitted by applicable law.
8.4 Force Majeure:
xosend.com shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, civil unrest, governmental actions, natural disasters, or any other events deemed by applicable law to be beyond the control of xosend.com.
8.5 Peer-to-Peer Communications:
Given that the Site facilitates a WebRTC-based platform for peer-to-peer communications, you acknowledge and agree that xosend.com is solely providing an interface for such interactions. xosend.com is not responsible for, and shall have no liability for, any content, communications, or transactions between users. All risks associated with interactions between users are assumed solely by the parties involved.
9. ARBITRATION AND DISPUTE RESOLUTION
9.1 Mandatory Arbitration:
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site, including any claim regarding its existence, validity, breach, termination, or interpretation, shall be exclusively and finally resolved by binding arbitration, rather than in court, except as provided in Section 9.2 below. The arbitration shall be conducted in accordance with the applicable rules of arbitration in effect at the time the dispute arises and shall be held in [specify location, e.g., London, England]. The arbitration proceedings shall be conducted in English.
9.2 Class Action Waiver:
You and xosend.com agree that any arbitration or litigation shall be conducted solely on an individual basis. You hereby waive your right to pursue or participate in any class, consolidated, or representative action, and you agree not to join with any other person or party in any such proceeding.
9.3 Notice and Opportunity to Resolve Disputes:
Prior to initiating arbitration, the party asserting a claim (the "Claimant") must provide written notice to the other party (the "Respondent") outlining the nature of the dispute and the specific relief sought. The parties agree to engage in good faith negotiations for a period of at least 30 days from the date of such notice in an effort to resolve the dispute amicably.
9.4 Arbitration Procedure and Award:
If the dispute is not resolved through negotiation, the proceeding shall be submitted to arbitration administered by an agreed-upon arbitration organization. The arbitrator’s decision shall be final and binding, and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have the authority to award any remedy or relief that a court of law could order or grant, provided that the award is limited to the extent necessary to provide relief actually suffered.
9.5 Waiver of Jury Trial:
By agreeing to these Terms, you expressly waive your right to a trial by jury in any dispute or proceeding arising out of or relating to these Terms or your use of the Site.
9.6 Interim Relief:
Notwithstanding the foregoing, either party may seek interim or provisional relief from a court of competent jurisdiction where necessary to protect its rights or prevent irreparable harm pending the resolution of any dispute by arbitration.
9.7 Severability:
If any provision of this section is found to be invalid or unenforceable in any jurisdiction, the remaining provisions shall continue in full force and effect and shall be construed to reflect the original intent as closely as possible.
10. PEER-TO-PEER COMMUNICATIONS AND CONTENT RESPONSIBILITY
10.1 Platform Role:
xosend.com is provided solely as a digital platform to facilitate peer-to-peer communications and the negotiation of direct connections through WebRTC technology. We do not control, monitor, or endorse any communications, content, or interactions that take place between users via the Site. The Site merely serves as an interface to enable such communications.
10.2 User Responsibility:
By using the Site, you acknowledge and agree that all media streams are transmitted directly between you and the other party, except when relayed through our TURN servers as a connectivity fallback. Session-setup data, including ICE candidates, passes through our signalling servers where it will be used to provide the site's services and may be logged for troubleshooting or service improvement. You are solely responsible for the accuracy, legality, and appropriateness of any information you send, receive, or store. You assume all risks associated with peer-to-peer communications, including potential data loss, breach of confidentiality, or transmission of harmful or inappropriate content. You are also responsible for any carrier-imposed fees, data caps, throttling, or other usage restrictions that apply to these connections.
10.3 Assumption of Risk and Indemnity:
By engaging in peer-to-peer communications via the Site, you expressly assume any and all risks associated with such interactions. You agree to indemnify, defend, and hold harmless xosend.com, its affiliates, and its owners from any claims, damages, or losses arising out of or relating to any communication or content exchanged between you and other users, regardless of the legal theory on which such claims are based.
10.4 No Endorsement or Verification:
Nothing contained in these Terms shall be construed as an endorsement by xosend.com of any user or of the content transmitted between users. We do not verify the authenticity, legality, or quality of any peer-to-peer communication facilitated by the Site. Any reliance on or use of such content is entirely at your own risk.
10.5 Carrier Data Charges and Limits:
By using the Site’s peer-to-peer communications features, you acknowledge that all data transferred through these connections is carried over your network provider’s infrastructure and may incur usage-based fees, overage charges, or be subject to data caps and throttling under your mobile or broadband plan. You are solely responsible for any such charges or limits, and should review and understand the terms of your carrier’s service agreement before using these features.
10.6 No Guarantee of Peer Privacy:
While we do not store or monitor the content of your peer-to-peer communications, you acknowledge that any data you transmit is delivered, either directly or via a relay (TURN) server, to the other user's device. We have no control over the actions of the other peer or the security of their device. The other user may be able to record, store, or otherwise misuse the content you transmit. By using the Service, you accept this inherent risk and agree that we are not responsible for any actions taken by the other party in your communication.
11. INDEMNIFICATION
11.1 General Indemnification:
You agree to indemnify, defend, and hold harmless xosend.com, its affiliates, officers, directors, employees, agents, licensors, and partners (collectively, the “Indemnified Parties”) from and against any and all claims, demands, losses, liabilities, expenses, or damages (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Site or any Content available on it;
- Any breach or violation of these Terms by you;
- Any claim that your conduct or any content you submit, transmit, or make available through the Site infringes upon or misappropriates any intellectual property or other rights of a third party.
11.2 Notification and Cooperation:
In the event that any claim or demand is made against any of the Indemnified Parties for which you are obligated to indemnify under these Terms, you agree to promptly notify xosend.com in writing. You further agree to provide reasonable cooperation, at our expense, in the defense or settlement of such claim. xosend.com reserves the right, at its discretion and expense, to assume the exclusive defense and control of any claim for which you are required to indemnify us.
11.3 Survival:
The obligations set forth in this Section shall survive any termination or expiration of these Terms.
12. TERMINATION
12.1 Termination by You:
You may terminate your use of the Site at any time by discontinuing access and, if applicable, by following the procedures set out for account termination. Termination does not absolve you of your obligations incurred prior to the termination date.
12.2 Termination by xosend.com:
We reserve the right, in our sole discretion, to suspend or terminate your access to the Site immediately and without prior notice for any reason, including, but not limited to, (i) your violation of these Terms, (ii) any conduct that may harm or adversely affect the Site, its users, or our business interests, or (iii) compliance with any applicable laws or regulatory requirements.
12.3 Immediate Suspension:
Without limiting the foregoing, we may immediately suspend your account and access to the Site if we suspect or determine that your activities pose a security risk, demonstrate fraudulent behavior, or otherwise breach these Terms. In such events, no liability shall attach to xosend.com regarding such suspension or termination.
12.4 Effects of Termination:
Upon termination, your right to access or use the Site will immediately cease, and you must promptly destroy any materials or content obtained from the Site. Notwithstanding termination of your access, all provisions of these Terms that by their nature should survive termination (including but not limited to Sections on Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law) shall continue to apply. Any accrued rights or obligations shall survive termination.
12.5 No Liability for Termination:
xosend.com shall not be liable to you or any third party for any termination or suspension of access to the Site in connection with any breach of these Terms or for any other reasons as provided herein.
13. GOVERNING LAW AND JURISDICTION
13.1 Governing Law:
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. Notwithstanding the foregoing, the Privacy Policy, incorporated herein by reference, shall be governed exclusively by the laws of the European Union and Finland.
13.2 Exclusive Jurisdiction:
Subject to the arbitration provisions set forth in Section 9, any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be exclusively brought in the courts residing within England. You hereby consent to the personal jurisdiction of such courts and waive any objection based on venue or forum non conveniens.
13.3 Interim Relief:
Notwithstanding the foregoing, either party may seek injunctive or temporary relief from any court of competent jurisdiction to prevent irreparable harm pending the resolution of any dispute in arbitration.
13.4 Severability:
If any portion of this Section is held invalid or unenforceable, the remaining portions shall continue in full force and effect, and the invalid or unenforceable portion shall be deemed modified so that it is enforceable to the maximum extent permitted under applicable law.
14. SEVERABILITY
14.1 General:
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or other competent authority, such finding shall not affect the validity or enforceability of any other provision herein. In such event, the affected provision shall be deemed modified to the minimum extent necessary to render it enforceable while preserving the intent of these Terms to the fullest extent permitted by law.
14.2 Interpretation in Multiple Jurisdictions:
In case any provision is held to be invalid or unenforceable in any jurisdiction, the parties agree that the provision shall be reformed or severed to the extent necessary to comply with the law of such jurisdiction without affecting the enforceability of the remaining provisions.
14.3 Whole Agreement:
Even if one or more provisions are severed or rendered unenforceable, the remaining provisions shall remain in full force and effect in accordance with their terms.
15. ENTIRE AGREEMENT
15.1 Complete Agreement:
These Terms, along with any documents expressly incorporated by reference (including any posted policies or additional guidelines), constitute the entire agreement between you and xosend.com regarding your use of the Site. They supersede all prior or contemporaneous communications, representations, agreements, or understandings, whether oral or written, related to the subject matter herein.
15.2 No Reliance on External Representations:
By accessing the Site, you acknowledge that, in entering into this agreement, you have not relied on any statements, promises, representations, or understandings other than those expressly set forth in these Terms. Any terms or conditions provided outside of these Terms are of no force or effect unless expressly agreed to in writing by xosend.com.
15.3 Amendments:
Any modifications or amendments to these Terms must be made in writing and duly posted on the Site or otherwise communicated to you. Your continued use of the Site following any such changes shall be deemed acceptance of the revised Terms.
16. PRIVACY POLICY INCORPORATION
16.1 Incorporation by Reference:
Your use of the Site is also governed by our Privacy Policy, which is hereby incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, store, and disclose your personal information. By using the Site, you acknowledge that you have reviewed and agree to the terms of our Privacy Policy as an integral part of these Terms.
16.2 Updates to the Privacy Policy:
We reserve the right to modify or update our Privacy Policy at any time, with such changes effective immediately upon posting on the Site. It is your responsibility to review the Privacy Policy periodically. Your continued use of the Site after any modifications constitutes your acceptance of the revised Privacy Policy.
16.3 Consent to Data Practices:
By accessing and using the Site, you consent to the collection, use, and disclosure of your personal data as described in our Privacy Policy. If you do not agree with our Privacy Policy or any of its practices, you should discontinue using the Site immediately.
16.4 Contact:
Should you have any questions or concerns about our Privacy Policy or the handling of your data, please contact us through the contact details provided on the Site.
17. CONTACT AND COMMUNICATION
17.1 General Inquiries:
For any questions, concerns, or feedback regarding these Terms or other policies, you may contact us at:
- Email: contact@xosend.com
17.3 Official Notices:
We may also communicate with you by posting notices on the Site or by sending email messages. Such communications shall be deemed effective upon posting or dispatch, provided that any change to your contact details is promptly updated on your account.
17.4 Reference Information:
If you reference any specific communications regarding disputes or claims under these Terms, please include your relevant account information or any reference number provided to facilitate our response.