Terms and conditions

XOLBY LLC – TERMS OF SERVICE

Effective Date: October 25, 2024Welcome to XOLBY LLC (“XOLBY,” “we,” “our,” or “us”). By accessing or using our platform, you agree to be legally bound by the terms and conditions set forth in this Terms of Service agreement (the “Agreement”). Please read this document carefully.

1. OVERVIEW AND ACCEPTANCE

By accessing or using the xolby.com website (the “Site”) and any products, materials, or services provided through the Site (collectively, the “Services”), you confirm your acceptance of these Terms, as well as our Privacy Policy located at xolby.com/privacy-policy. We reserve the right to modify these Terms at any time. Any changes to these Terms will be effective immediately for new users, and for existing users, continued use of the Services after notice of any changes will constitute acceptance of the revised Terms.

2. ELIGIBILITY REQUIREMENTS

You must be at least 18 years of age and a legal resident of the United States or another jurisdiction where use of the Services is allowed. You also warrant that you are not using the Services in competition with XOLBY and that you have the authority to enter into this Agreement on behalf of yourself or the entity you represent.

3. SERVICES OFFERED

XOLBY provides a variety of digital tools, including but not limited to CRM solutions, marketing automation, social media management, and website hosting. Access to these Services is subscription-based, and certain features may incur additional costs.

Extra Features: Some advanced features, such as integrations or bolt-ons, may carry additional charges, which are non-refundable. Micro Charges: XOLBY may generate micro charges for certain transactions or features. All such micro charges are non-refundable, and users are responsible for paying these fees as incurred. Free Trials: Any free trials offered are applicable only to basic subscription plans and do not apply to any additional fees or micro charges.

4. ACCOUNT REGISTRATION AND RESPONSIBILITIES

To access certain features, you may be required to register for an account and provide accurate and complete information. You are responsible for maintaining the confidentiality of your account login credentials and for all activities conducted through your account. XOLBY is not responsible for unauthorized access or any damages resulting from your failure to secure your account. In case of unauthorized access or breach of security, you must notify XOLBY immediately. XOLBY reserves the right to suspend or terminate accounts at its sole discretion.

5. PAYMENT TERMS

Subscription Fees: By subscribing to XOLBY, you agree to pay the fees associated with your selected plan. Certain advanced features and services, such as bolt-ons or integrations, may require additional fees. Billing and Payment: Payment for subscription fees and micro charges is processed in advance for each billing cycle. Users are responsible for keeping billing information accurate and up-to-date. Non-Payment: In the event of failed payments, XOLBY reserves the right to suspend or terminate your access to the Services. Non-payment may also result in the suspension of any additional services, such as website hosting or integrations. Automatic Renewals: Subscriptions renew automatically unless you cancel in accordance with our cancellation policy. You will be notified in advance of upcoming renewals, and any changes to fees will be communicated prior to renewal. Refund Policy: All payments to XOLBY are non-refundable. No refunds or credits will be issued for unused portions of your subscription.

6. USER OBLIGATIONS AND PROHIBITED USES

You agree to use the Services for lawful purposes only. Prohibited uses include, but are not limited to:

Engaging in any activity that violates applicable laws, regulations, or contractual obligations. Uploading, transmitting, or distributing harmful materials, such as viruses, worms, or malware. Attempting to gain unauthorized access to our systems or engaging in any activity that disrupts the Services. Collecting or harvesting personal data from other users without their consent.

Violation of these obligations may result in the immediate termination of your account.

7. INTELLECTUAL PROPERTY RIGHTS

All intellectual property associated with XOLBY, including but not limited to software, code, designs, and proprietary content, remains the property of XOLBY. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services in accordance with this Agreement.

User-Generated Content: You retain ownership of any content you generate through the platform. However, by using XOLBY, you grant us a non-exclusive, royalty-free license to display and use your content within the platform for operational purposes. Restrictions: You may not copy, modify, reverse-engineer, or otherwise exploit XOLBY’s proprietary content without explicit authorization.

8. THIRD-PARTY SERVICES

XOLBY integrates with various third-party services. XOLBY is not responsible for the content, reliability, or actions of these third-party providers. You are solely responsible for ensuring compliance with their terms and conditions.

9. TERMINATION OF SERVICES

User Termination: You may cancel your subscription at any time. Upon termination, access to XOLBY Services will be immediately revoked, and no refunds will be issued for any unused services. Cancellation of Additional Services: If you cancel your subscription, it is your responsibility to cancel any related third-party services or bolt-ons. XOLBY is not liable for any continued fees charged by third-party providers after termination of your subscription. XOLBY Termination: XOLBY reserves the right to suspend or terminate your account without prior notice for violations of these Terms or any illegal or unauthorized use of the Services.

10. WARRANTY DISCLAIMER

XOLBY provides the Services “AS IS” and makes no representations or warranties regarding the Services' performance, availability, or fitness for a particular purpose. You use the Services at your own risk, and XOLBY is not liable for any interruptions, errors, or loss of data.

11. LIMITATION OF LIABILITY

In no event shall XOLBY be liable for any direct, indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunity, arising from your use of the Services. XOLBY's liability is limited to the total amount paid by you for the Services in the three (3) months preceding the incident giving rise to the claim.

12. INDEMNIFICATION

You agree to indemnify and hold harmless XOLBY, its officers, directors, employees, and affiliates from any claims, losses, or damages arising out of your use of the Services, violation of this Agreement, or violation of any third-party rights.

13. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement is governed by the laws of the State of Wyoming, without regard to its conflict of law principles. Any disputes arising under this Agreement shall be resolved through arbitration in accordance with the American Arbitration Association's rules, and the arbitration shall take place in Casper, Wyoming.

14. PRIVACY AND DATA SECURITY

Your use of the Services is subject to XOLBY’s Privacy Policy. By using the platform, you consent to the collection and use of your data as outlined in the Privacy Policy. For more details, visit xolby.com/privacy-policy.

15. CHANGES TO THIS AGREEMENT

XOLBY reserves the right to amend these Terms at any time. Changes will be posted on the Site, and your continued use of the Services after such changes will constitute your acceptance of the modified Terms.

16. MISCELLANEOUS

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Force Majeure: XOLBY will not be liable for any delays or failures to perform due to circumstances beyond its control, including natural disasters, government actions, or third-party service disruptions. Entire Agreement: These Terms, along with any additional policies referenced herein, constitute the entire agreement between you and Xolby. No Waiver: Failure by XOLBY to enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision.

17. CONTACT INFORMATION

For any questions or concerns regarding these Terms or the Services, you may contact us at Email: info@xolby.com

Mailing Address: 5830 E 2ND ST, STE 7000 #7649, Casper, WY 82609