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Terms of Service

Last Updated: April 18, 2025

1. Introduction

Welcome to xStream. These Terms of Service ("Terms") govern your access to and use of the xStream website, mobile application, and services (collectively, the "Service"). Please read these Terms carefully, as they constitute a binding legal agreement between you and xStream ("we," "our," or "us").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

3. Account Registration

To access certain features of the Service, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update this information to maintain its accuracy.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to disable your account at any time, including if we believe that you have violated these Terms.

4. User Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting User Content on or through the Service, you represent and warrant that:

  • You own or have the necessary rights to use and authorize us to use all intellectual property rights in and to any User Content.
  • The posting and use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity.
  • The User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • The User Content does not promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • The User Content does not violate any applicable law, regulation, or rule.

We reserve the right to remove any User Content from the Service at any time, for any reason, without notice.

5. Intellectual Property Rights

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of xStream and its licensors. The Service is protected by copyright, trademark, and other laws of both the European Union 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 xStream.

By posting User Content on or through the Service, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service.

You understand and agree that you are responsible for any User Content you submit or contribute, and you, not xStream, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

6. Prohibited Uses

You agree not to use the Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate xStream, a xStream employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm xStream or users of the Service or expose them to liability.

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service.
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
  • Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Service.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Service.

7. Payments and Subscriptions

Some aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. xStream may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

We use a third-party payment processor to process payments made to us. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms.

8. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service, or notify us that you wish to delete your account.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. 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.

xStream, 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.

10. Limitation of Liability

In no event shall xStream, 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) unauthorized 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.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the European Union, 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.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will 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 any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Contact Us

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

xStream
Email: legal@xstream.social