TERMS AND CONDITIONS

Welcome to Xaller!

These are the terms and conditions for:

• Xaller web application (https://www.xaller.com)

The following terms and conditions apply to your use of the Xaller web application and the features and content available on the web application. By using the web application, you agree to these terms and conditions and our privacy policy.

In these terms and conditions, the words "platform" refers to the Xaller web application, "we", "us", "our", and "Xaller", refers to Xaller, and "you", and "user", refers to you, the Xaller user. 

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THE SERVICES AND FUNCTIONALITIES AVAILABLE ON THE PLATFORM.

1. ACCEPTANCE OF TERMS

By using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use our services and our platform. We may modify this agreement from time to time, and such modification will be effective upon posting on the platform. You agree to be bound by any modifications to these terms and conditions when you use Xaller following the posting of such modification; therefore, it is important that you review this agreement regularly.

By using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. PLATFORM CONTENT

Xaller offers its users a wide variety of carefully selected tips and resources to improve their performance as creators on TikTok. These resources include guides on creating engaging content, audience growth strategies, profile optimization, and the use of popular tools and trends on the platform. Our goal is to provide valuable information that can help users stand out and succeed on TikTok.

It is important to note that while we strive to ensure that the information provided on Xaller is accurate and useful, we cannot guarantee the results of its implementation. Xaller assumes no responsibility for users' use of the content available on the platform. Each user or visitor is responsible for evaluating and applying the information according to his or her own judgment and needs. Success or failure in implementing the tips and strategies presented depends on numerous individual factors, including creativity, consistency, and adaptation to changing platform and market conditions.

Xaller makes no guarantees as to the results that may be obtained by following our recommendations. Any action taken based on the information provided is at the sole responsibility of the user. In addition, it is important that users stay informed about TikTok's policies and regulations, as these may influence the success and acceptance of the content posted. Xaller is not responsible for any damage, loss or harm that may arise from the use of the information contained on the platform. By using our services, users agree to these terms and acknowledge that the ultimate responsibility for their success on TikTok rests with themselves.

3. TIKTOK API

Xaller uses the TikTok API to integrate content from TikTok creator profiles into our platform. This integration allows us to display videos and other creative content directly from TikTok, providing our users with a dynamic and engaging experience. It is important to note that while we rely on the TikTok API for this functionality, Xaller is not endorsed or certified by TikTok.

All TikTok™ logos and trademarks appearing on our platform are the sole property of TikTok and its licensors. Xaller does not own or control any of the TikTok content displayed on our platform; all such content is hosted exclusively on TikTok's servers and is subject to its terms of use and privacy policies. Furthermore, all rights to these contents belong to their respective owners, and their use in Xaller is solely for purposes of inspiration for our users, without any intention of appropriation or infringement of intellectual property rights.

Xaller users should be aware that any interaction with TikTok content, including but not limited to playing videos and viewing profile information, is governed by TikTok's policies and terms. We recommend that users review these terms to understand how their data and rights are handled on the TikTok platform.

4. LIMITATION OF LIABILITY

Xaller provides information and resources in order to support users in their development as content creators on digital platforms such as TikTok. However, it is critical to note that all information and resources available on Xaller are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. Xaller does not warrant the accuracy, completeness, timeliness, suitability or reliability of the information contained on the platform.

In no event shall Xaller, its officers, employees, agents, affiliates or partners be liable for any direct, indirect, incidental, consequential, special or punitive damages, including but not limited to economic loss, loss of data, loss of use, loss of revenue or profits, or any other damages, whether in an action in contract, tort (including negligence), strict liability or otherwise, arising out of or in connection with the use of the platform or the information provided on it. This includes, but is not limited to, damages resulting from errors, omissions, interruptions, defects, delays in operation or stream, communication line failure, or theft, destruction or unauthorized access to Xaller's records, programs or services.

Xaller assumes no responsibility for any decision made or action taken by users based on information contained on the platform. Users are solely responsible for evaluating and utilizing the information provided and should consider obtaining independent professional advice before taking any action based on such information. Xaller is not responsible for misinterpretation or misuse of the information by users.

Use of Xaller and its content is at the users' own risk. Xaller does not warrant that the platform is free of errors, or other harmful components. In case of dissatisfaction with the platform or its contents, the only remedy available to the user is to cease using the platform.

5. LICENSE TO USE THE PLATFORM

Xaller grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Xaller platform, including but not limited to modified versions, updates, upgrades, enhancements, improvements, additions, additions and copies, if any. This license is for the sole purpose of allowing you to use the features available on the platform in the manner permitted by these terms.

The user agrees not to use the platform negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests, or rights of the Xaller platform or third parties.

Xaller reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Xaller believes that you have violated any provision contained in these terms.

6. COPYRIGHT

All the content available on the platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Xaller or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all materials on Xaller are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Xaller prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Xaller or any part of the material for any purpose other than its intended purposes is strictly prohibited.

7. COPYRIGHT INFRINGEMENT

Xaller will respond to all inquiries, complaints and claims related to alleged infringements for non-compliance or violation of the provisions contained in Italian and international laws and regulations on copyright and intellectual property. Xaller respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the platform (does not apply to TikTok content) infringes your copyright or other intellectual property rights, please submit your request through our contact information, including the following information: 

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.

• A statement specifically identifying the location of the infringing material.
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

8. PROHIBITED ACTIVITIES

The following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the services for any purpose without our express written permission.
• "Frame", "mirror" or otherwise incorporate any part of the platform into any other platform or service without our prior written authorization.
• Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program used by Xaller.
• Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content.

9. DISCLAIMER OF WARRANTIES

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Xaller for any loss or damage caused as a result.

Xaller shall not be liable for any amount for failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or any uncontrollable act of nature.

Subject as aforesaid, to the maximum extent permitted by law, Xaller excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Xaller and Xaller shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the platform.
• The infringement by any person of any Intellectual property rights of any third party caused by their use of the platform.
• Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• All representations, warranties, conditions and other terms which but for this notice would have effect.

10. ELECTRONIC COMMUNICATIONS

Xaller will not accept any responsibility for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for Internet accessibility or availability or traffic congestion or for any unauthorized human acts, including any errors or mistakes.

11. INDEMNIFICATION

You agree to defend and indemnify Xaller from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the Xaller platform.

12. CHANGES

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect.

13. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Xaller, shall constitute the entire agreement between you and Xaller concerning and governs your use of the platform.

14. SEVERABILITY

If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.

15. FORCE MAJEURE

Xaller shall not be liable for any failure due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

16. TERMINATION

Both the user and Xaller acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.

In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, Xaller reserves the right to unilaterally terminate the user's access to and use of the platform. Xaller may take this action without prior notice, and the user will automatically lose all rights to access and use the platform. Furthermore, Xaller shall not be liable for any loss of data or information associated with the user's account.

In case of non-compliance by Xaller: If Xaller fails to comply with its obligations under the agreed terms and conditions, the user shall be entitled to terminate the agreement and stop using the platform. The user shall notify Xaller in writing of the breach and allow a reasonable time for Xaller to remedy the situation. If Xaller does not remedy the breach within the set period, the user may proceed with the termination of the agreement.

Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination. 

Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.

17. DISPUTES

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, enforcement, interpretation or validity, as well as any aspect of the use of the platform, shall preferably be resolved by binding arbitration between you and Xaller. However, the right of both parties to bring individual claims before a court of competent jurisdiction if deemed necessary remains.

In the event of any dispute arising in connection with the use of the platform or breach of these terms and conditions, both parties agree to seek a solution through an arbitration process. This process will be carried out before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.

In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the platform. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over collective proceedings.

18. GOVERNING LAW AND JURISDICTION

Although the platform will be available internationally, these terms and conditions shall be governed by and construed in accordance with the laws of Italy. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the court of Udine. This applies unless binding arbitration is agreed to in the applicable section.

19. FINAL PROVISIONS

The use of our platform is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our platform does not extend to jurisdictions where these provisions are not respected or enforced.

Our commitment to the enforcement of these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including, but not limited to, those related to law enforcement and the use of our platform. Information provided or collected in connection with the use of the platform will be subject to these requirements.

In the event that any provision of these terms is held invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while maintaining the protection of and respect for our intellectual property rights and prerogatives at all times.

20. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us using the contact information below:

Xaller

Email: [email protected]