Terms of Service

XCome Terms of Service

 

Effective Date: Aug 31, 2018

 

This is an agreement between you or the entity that you represent ("you" and "your") and XCome Technology Ltd. ("XCome", "we", "us" and "our") governing your use of XCome EMM solution covers the on-demand plan from SaaS, On-premise to Customized and other collaboration software (“Service(s)”). Please read the following terms of service (the “terms”) carefully before you are using the services.

 

Acceptance of Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. Your use of the Services will signify your agreement to be bound by the Terms. If you do not agree to these Terms and conditions, do not proceed. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the Terms or by actually using the Services.

 

Description of Service
We provide a series of services for cloud computing services to enable enterprise customers to secure the connection, manage and automate their mobility devices/equipment behavior. ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services by your on-demand plan. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.

 

Member Registration Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. We recommend that you use your corporate email address. You agree to: 
a) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and 
b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. 
If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if XCome has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, XCome may terminate your user account and refuse current or future use of any or all of the Services.

 

Subscription to Free Trial and Beta Service
We may offer certain Services as closed or open free trial, and beta services ("Free Trial & Beta Services”) for testing and evaluation. You agree that we have the sole authority and discretion to determine the period for testing and evaluation of Free Trial & Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Free Trial & Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service because of your subscription to any Free Trial & Beta Services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Free Trial & Beta Services with or without notice to you. You agree that XCome will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Free Trial & Beta Services for any reason.

 

Modification of Terms of Service
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing XCome notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with the use of the Services. In the event of such termination, you will be entitled to the prorated refund of the unused portion of any prepaid fees (if any). Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your full and complete agreement to the modified Terms.

 

Personal Information and Privacy
Personal information you provide to XCome through the Services is governed by Privacy Policy for all of XCome services. Your election to use the Services indicates your acceptance of the terms of the Privacy Policy. You are responsible for maintaining the confidentiality of your username, password, and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to contact@xcome.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

 

Communications from XCome
The Service may include certain communications from XCome, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

 

Customer Interactions
If you use the Services for providing services to your customers, you are entirely responsible for all interactions with them. XCome will not interact with your customers directly. You are solely responsible for providing the services requested by your customers and for providing all necessary technical assistance to them. You agree to enter into a suitable agreement with your customers clearly specifying the scope of services offered by you and to ensure your customers in agreeing communicate to them that XCome will not be responsible to them for any service offered by you using the Services. You also agree to indemnify and hold XCome harmless against any claim by your customers relating to any service offered by you using the Services.

 

Fees and Payments
Paid Subscriptions are available under subscription plans of various durations. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. If you would like the payment for the renewal to be made through a different Credit Card or if you do not wish to renew the subscription, you agree to inform us at least seven days prior to the renewal date. If you do not inform us, you will be presumed to have authorized XCome to charge the subscription fee to the Credit Card last used by you.

You will not have the option of requesting the refund of any payment made by you. XCome reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge. You will not be charged for using any Service unless you have opted for a paid subscription plan. Information on the subscription options and charges for all paid Services is available at the webpage to Select your EMM plan.

 

Usage Restrictions
XCome may also prescribe usage limits based on the subscription plan chosen by you. You must make sure that your usage is within the prescribed usage limit in order to avail uninterrupted service. You understand that XCome may restrict an activity if you reach the usage limit corresponding to such activity.

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make the Services available to any third party (access of the Services by Customers to whom you provide services based on the Services will not be considered “third parties”) (ii) use the links to third party sites without agreeing to their website terms & conditions; (iii) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.

 

Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

 

Inactive User Account Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 180 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you with prior notice of such termination and backup of your data by email. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

 

Data Ownership
We respect your right to ownership of your user account data. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant XCome the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for XCome’s commercial, marketing or any similar purpose. But you grant XCome permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you. As applicable, XCome will at all times abide by requirements of General Data Protection Regulations of EU (GDPR).

 

Trademark
XCome, XCome logo, the names of individual Services and their logos are trademarks of XCome Technology Ltd. You agree not to display, use, modify, remove or apply registration in any manner, and in any countries and jurisdictions, the XCome trademarks or any other trademarks similar to XCome trademarks, without XCome’s prior permission.

 

Disclaimer of Warranties
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. XCome expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. XCome makes no warranty that the services will be uninterrupted or timely. Use of any material downloaded or obtained through use of the services shall be at your own risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information whether written or oral, obtained by you from XCome, its employees or representatives shall create any warranty not expressly stated in the terms.

 

Limitation of Liability
You agree that XCome shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information or business opportunity, or other loss arising out of or caused by your use of or inability to use the service, even if XCome has been advised of the possibility of such damage. In no event shall XCome’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.

 

Indemnification
You agree to indemnify and hold harmless XCome, its officers, directors, supervisors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is expressly authorized by XCome in writing.

 

XCome agrees to indemnify and defend you, your officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that the Services infringe or violate any valid Taiwan patent, copyright or trade secret right of any third party; so long as you provide; (i) prompt written notice to XCome of such claim; (ii) cooperate with XCome in the defense and/or settlement thereof, at our expense; and, (iii) allow XCome to control the defense and all related settlement negotiations.

 

Suspension and Termination of User Account

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal or improper activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to contact@xcome.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.

 

In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Free Trial & Beta Services in case of unexpected technical issues or discontinuation of the Beta Service. Similarly, you have the right to terminate your user account if XCome breaches its obligations under these Terms and in such event, you will be refunded the subscription fee for the unused portion of the subscription period. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.

 

Governing Law and Jurisdiction
This Terms of Service is governed and interpreted by the laws of Taiwan regardless of its laws of conflict. If any dispute shall arise relating to hereto, you agree that the Taipei District Court of Taiwan shall have the sole and exclusive jurisdiction.

 

End of Terms of Service
If you have any questions or concerns regarding this agreement, please contact us at contact@xcome.com.