Terms of Service

Last Updated: October 26, 2023

Welcome to xactly.top. These Terms of Service ("Terms") govern your access to and use of the xactly.top website and any related services, features, content, or applications offered by xactly.top (collectively, the "Service"). Please read these Terms carefully.

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

1. Acceptance of Terms

The Service is provided by xactly.top ("we," "us," "our," or "the Company"). By using the Service, you represent that you are at least the age of majority in your jurisdiction of residence, or that you have given us your consent to allow any of your minor dependents to use the Service.

We reserve the right to update, change, or replace any part of these Terms at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

2. Use of Service

xactly.top grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes, subject to these Terms.

2.1 Account Registration

Certain features of the Service may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for safeguarding your account password and for all activities that occur under your account.

2.2 Prohibited Uses

You agree not to use the Service:

• For any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• To submit false or misleading information.
• To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service.
• To collect or track the personal information of others.
• To spam, phish, pharm, pretext, spider, crawl, or scrape.
• For any obscene or immoral purpose.
• To interfere with or circumvent the security features of the Service.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, information, or other materials that you submit, post, or display on or via the Service.

3.1 Content

You retain ownership of any intellectual property rights that you hold in content you submit. By submitting content, you grant xactly.top a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, and communicate that content solely for the purpose of providing and improving the Service.

3.2 Accuracy of Information

You are responsible for ensuring the accuracy of any information you provide to the Service. We are not responsible for any errors or omissions in content you provide, or for any loss or damage incurred as a result of the use of such content.

3.3 Third-Party Links

The Service may contain links to third-party websites or services that are not owned or controlled by xactly.top. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites. You acknowledge and agree that xactly.top shall not be responsible or liable for any damage or loss caused by your use of any such third-party resource.

4. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of xactly.top and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States 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 xactly.top.

You may not duplicate, copy, reproduce, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission from us.

5. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XACTLY.TOP, 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:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
• ANY CONTENT OBTAINED FROM THE SERVICE; AND
• 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.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED UNITED STATES DOLLARS (USD $100) OR THE AMOUNT YOU HAVE PAID TO XACTLY.TOP IN THE PAST SIX MONTHS, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XACTLY.TOP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

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