If you are using the Service for the purpose of your trade, business, craft or profession (a “Business User”), then the additional section below called “Business User Terms” will also apply to your use of the Service. If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement.
In order to use the Service, you must first register by providing your name, e-mail and password, and agree to these Terms. Depending on legal requirements we may ask that you provide additional documentation confirming your identity, your place of residence, and your source of funds before we allow you to trade or upon reaching certain thresholds of revenue. You agree to not enable anyone to use your account. You are solely responsible for protecting and safeguarding any keys, certificates, passwords, access codes, user IDs that have been provided to you or that are generated in connection with your use of the Service. If you lose your password, you may not be able to access your account. You agree to notify X Calibra immediately of any attempt of or unauthorized use of your account.
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with these Terms and the law. You must not: access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service except as specifically permitted by the Service;
- circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features;
- access the Service using any automated means (such as robots, botnets or scrapers) except as permitted by applicable law;
- collect or use any information that might identify a person (for example, harvesting usernames), unless permitted by that person or allowed under section (3) above;
Any rights not expressly granted to you in these Terms remain the rights of Xcalibra or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights exhibited in the platform you access.
Changes to the Service
Xcalibra is constantly improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, there will be times when we need to make such changes without notice, such as where we need to take action to improve the security and operability of our Service, prevent abuse, or meet our legal requirements.
Account Suspension & Termination
You may stop using the Service and terminate your account at any time. Xcalibra is allowed to suspend or terminate your access and/or your Xcalibra account if you materially or repeatedly breach these Terms or we are legally required to do so or we reasonably believe there has been conduct that creates liability or harm to any user, other third party, X Calibra or our Affiliates. We will notify you with the reason for termination or suspension unless we reasonably believe that doing so would violate the law or cause harm to any user, other third party, Xcalibra or our Affiliates. If your Xcalibra account is terminated or access to the Service restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use.
When the Service requires or includes downloadable software we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you as part of the Service. This licence is for the sole purpose of enabling you to use the Service as provided by us, in the manner permitted by these Terms. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software. Some software used in our Service may be offered under an open source licence with some provisions in an open source licence that expressly override some of these Terms.
We provide the Service with reasonable care and skill. We do not make any specific promises about the Service.
By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in these Terms affects those rights you may have as a consumer.
Limitation of Liability
Nothing in these Terms is intended to exclude or limit any party’s liability for (a) death or personal injury; (b) fraud; (c) fraudulent misrepresentation; or (d) any liability that cannot be excluded or limited by law. To the extent permitted by applicable law, Xcalibra and its Affiliates will not accept responsibility for:
- losses that were not caused by us or our Affiliates’ breach of these Terms;
- any loss or damage that was not, at the time that you created Xcalibra account a reasonably foreseeable consequence of us or our Affiliates breaching these Terms; or
If you are using the Service for the purpose of your trade, business, craft or profession, (a “Business User”), to the extent permitted by applicable law, the following limitations of liability will also apply:
- we and our Affiliates will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not); and
- Xcalibra and its Affiliates’ total liability for any claims arising from or relating to the Service is limited to €500.
The Service may contain links to third-party websites and online services that are not owned or controlled by us. Xcalibra has no control over, and assumes no responsibility for such websites and online services.
Modifying this Agreement
We may modify these Terms and will provide reasonable advance notice of any material modifications to these Terms and the opportunity to review and accept any changes. The changes addressing newly available features of the Service or changes made for legal reasons may be effective immediately. Any changes will only apply going forward. If you do not agree to the modified Terms, you should discontinue your use of the Service. If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms. We may transfer all or part of these Terms to an Affiliate or to a third party.
If you do not comply with these Terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).
If you live in the European Economic Area or Switzerland, these Terms, and your relationship with Xcalibra under these Terms, will be governed by the laws of your country of residence, and legal proceedings may be brought in your local courts, unless you are a Business User in which case the terms below will apply. If you live outside of the European Economic Area and Switzerland, these Terms, and your relationship with Xcalibra under these Terms, will be governed by the laws of England and Wales, and legal proceedings may be brought in the courts in London, United Kingdom. Business User Terms If you are a Business User, the following additional terms apply:
- Xcalibra will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not);
- We and our Affiliates’ total liability for any claims arising from or relating to the Service is limited to €500;
- You will indemnify Xcalibra, its Affiliates, directors, officers, employees, and users against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising out of or related to: (a) your access to and use of the Service; (b) your breach of these Terms; or (c) your breach of any third-party right, including any intellectual property, confidentiality, or privacy right;
- These Terms are governed by the laws of England and Wales, and you and Xcalibra submit to the exclusive jurisdiction of the London, UK courts in relation to any dispute (contractual or non-contractual) concerning these terms, but we will still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction;
- To the extent these Business User terms conflict with any other provision of these Terms, these Business User Terms will apply; and
- You and Xcalibra agree that written notice of any legal claim arising out of or related to the Service must be provided to the other party, and the claim filed within one year from the date of the event or occurrence from which the claim arose. Otherwise, such legal claim is permanently barred.