Terms of Service

4.1 Access
Upon registration of an account, you hereby grant us access and all necessary permissions to use your Node to provide the Service.

4.2 Safety Information
Nodes should only be used as directed in the safety and use instructions provided with the Nodes and as per instructions available at [https://www.xnet.company/documents].

4.3 Compatibility
Our Nodes require certain network requirements in order to operate the Node properly. The requirements for Nodes are located at [https://www.xnet.company/documents]. You are solely responsible for determining the compatibility of the Nodes with other equipment in your premises, and you accept that lack of compatibility is not a valid claim under any applicable warranty and does not otherwise constitute a basis for receiving a refund.

4.4 Installation
There may be laws in the jurisdiction that you install a particular Node applicable to where and how to install that Node. You should check that you are in compliance with all relevant laws in your jurisdiction. We are not responsible for any injury or damage caused by self-installation. You should do your own diligence of the installers to select one that best fits your needs.

4.5 Returns
You will have a period of 24 hours from the time that you placed your order to modify or cancel your order and get a refund. Once the order is sent to fulfillment for shipping, a refund is no longer guaranteed. If you receive a defective or damaged device, you have the right to request a refund or replacement by contacting us at this email: shopify@xnet.company.

Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms.

5.1 Price
XNET reserves the right to determine pricing for the Nodes. XNET will make reasonable efforts to keep pricing information published on the Nodes up to date. We encourage you to check our pricing page periodically for current pricing information. XNET may change the fees for any feature of the Service, including additional fees or charges, if XNET gives you advance notice of changes before they apply. XNET, at its sole discretion, may make promotional offers with different features and different pricing to any of XNET's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

5.2 Authorization
You authorize XNET to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by XNET, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then XNET may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

6.1 License to Use
When your Node is accessed or used by third parties through the Service, you are eligible to receive rewards as described further on our rewards page [link]. As a reward, we, in our sole discretion, may offer eligible users of the Service the ability to acquire a limited license to use our virtual currency ("$XNET"). If we offer you the ability to acquire a limited license to use XNET Tokens, we hereby grant you a non-exclusive, revocable, personal, limited, non-transferable (except as specifically set out in Section 6.2 below) right and license to use XNET Tokens only for your personal use exclusively in connection with the Service as permitted by us, subject to these Terms.

6.2 Ways to Acquire XNET Tokens
Eligible users of the Service may acquire a limited license to use XNET Tokens: (a) by acquiring XNET Tokens from us; or (b) through such other methods as we may offer from time to time. We will credit your account for any XNET Tokens acquired by you. Your license to use XNET Tokens will terminate upon termination of these Terms or your account and as otherwise provided herein, except as otherwise required by applicable law.

6.3 XNET Tokens Not Redeemable or Exchangeable
XNET Tokens do not: (a) have an equivalent value in fiat currency; (b) act as a substitute for fiat currency; (c) act as consideration for any legally enforceable contract (except where we grant a license to use XNET Tokens); or (d) earn interest. XNET Tokens are not redeemable or exchangeable for fiat currency, monetary value, or convertible virtual currency from us or any other third party, except as expressly provided in these Terms or otherwise required by applicable law.

7.1 Limited License
Subject to your complete and ongoing compliance with these Terms, XNET grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service.

7.2 License Restrictions
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

8.1 Third-Party Services and Linked Websites
XNET may provide tools through the Service that enable you to export information or XNET Tokens to third-party services. By using one of these tools, you hereby authorize XNET to transfer that information or XNET Tokens to the applicable third-party service. Third-party services are not under XNET's control, and, to the fullest extent permitted by law, XNET is not responsible for any third-party service's use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under XNET's control, and XNET is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, XNET will have no control over the information that has been shared.

9.1 Text Messaging
You agree that XNET and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. Text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING TEXT MESSAGES FROM XNET, YOU CAN TEXT THE WORD "STOP" TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL TEXT MESSAGES FROM XNET, YOU CAN TEXT THE WORD "STOPALL" TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing texts is not a condition of any purchase on or use of the Service.

9.2 Email
We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

BY USING THE SERVICE, YOU AGREE NOT TO:

• use the Service for any illegal purpose or in violation of any local, state, national, or international law;
• violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
• access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by XNET;
• interfere with security-related features of the Service;
• interfere with the operation of the Service or any user's enjoyment of the Service;
• perform any fraudulent activity including impersonating any person or entity;
• sell or otherwise transfer the access granted under these Terms;
• attempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts described in this Section 10.

12.1 Term
These Terms are effective beginning when you accept the Terms or first purchase a Node, or otherwise download, install, access, or use the Service, and ending when terminated as described in Section 12.2.

12.2 Termination
If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, XNET may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting customer service at info@xnet.company.

12.3 Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay XNET any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 7.3, 8, 13.3, 14, 15, 16, 17, and 18 will survive. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

THE SERVICE, NODES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. XNET DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. XNET DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND XNET DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR XNET ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR NODES WILL CREATE ANY WARRANTY REGARDING ANY OF THE XNET ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE XNET ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, THE NODES, OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY XNET ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTIONS 17.5 AND 17.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE XNET ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, NODES, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO XNET FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.

16.1 Generally
Except as described in Section 17.2 and 17.3, you and XNET agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

16.2 Exceptions
Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

17.1 General Terms
These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and XNET regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to." If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

17.2 Governing Law
These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and XNET submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Mateo County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

17.3 Privacy Policy
Please read the XNET Privacy Policy [https://www.xnet.company/privacy-policy] (the "Privacy Policy") carefully for information relating to our collection, use, storage, and disclosure of your personal information. The XNET Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

17.4 Additional Terms
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

17.5 Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

17.6 Contact Information
The Service is offered by XNET, Inc., located at 400 Concar Drive, San Mateo, CA 94402. You may contact us by sending correspondence to that address or by emailing us at info@xnet.company.

17.7 Notice to California Residents
If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

17.8 No Support
We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

17.9 International Use
The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.