XXAI Terms of Service

Last Updated on July 5, 2024

Effective from July 7, 2024

Please read these terms of use (“Agreement”) carefully before using the services offered by Wenpeach LLC (“Company”). By visiting the website and/or computer app or using the services in any manner, you agree that you have read, understood, and accept to be bound by and a party to the terms and conditions of this Agreement to the exclusion of all other terms. If the terms of this Agreement are considered an offer, acceptance is expressly limited to such terms. If you do not unconditionally agree to all the terms and conditions of this Agreement, you have no right to use the apps or services. Use of the Company’s services is expressly conditioned upon your assent to all the terms and conditions of this Agreement to the exclusion of all other terms. If you do not agree to these terms of service, please do not use this website or the app.

Introduction

Welcome to XXAI! XXAI is a service provided by Wenpeach LLC. (https://www.hixx.ai). By downloading, installing, registering with, accessing, or using XXAI (PC APP or Website), these terms and conditions ("Terms and Conditions") will automatically apply to you – you should make sure, therefore, that you read them carefully before using XXAI. XXAI provides services to generate and share visual content with other users through the use of its AI algorithm based on the texts and images inserted by you and the art styles provided by XXAI ("Services"). These Terms and Conditions only grant you the right to use XXAI to benefit from Services within the scope defined herein. You are not allowed to copy or modify XXAI, any part of XXAI, or our trademarks in any way. You are not allowed to attempt to extract the source code of XXAI, and you also should not try to translate XXAI into other languages or make derivative versions. XXAI itself and all the trademarks, copyrights, database rights, and other intellectual property rights related to it still belong to us.

We are committed to ensuring that XXAI is as useful and efficient as possible. For that reason, we reserve the right to make changes to XXAI or to charge for its services at any time and for any reason. We will never charge you for XXAI or its Services without making it very clear to you exactly what you’re paying for.

XXAI processes personal data that you have provided to us in order to provide our Service. It’s your responsibility to keep your computer and access to XXAI secure. We, therefore, recommend that you do not jailbreak or root your computer, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your computer vulnerable to malware/viruses/malicious programs, compromise your computer’s security features, and it could mean that XXAI won’t work properly or at all.

You should be aware that there are certain things that XXAI will not take responsibility for. Certain functions of XXAI will require an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but Wenpeach cannot take responsibility for XXAI not working at full functionality if you don’t have access to Wi-Fi and you don’t have any of your data allowance left.

If you’re using XXAI outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing XXAI or other third-party charges. In using XXAI, you are accepting responsibility for any such charges, including roaming data charges if you use XXAI outside of your home territory without turning off data roaming. If you are not the bill payer for the device on which you are using XXAI, please be aware that we assume that you have received permission from the bill payer to use XXAI.

Wenpeach cannot always take responsibility for the way you use XXAI. For example, you need to make sure that your device stays charged—if it runs out of battery and you can’t turn it on to use the XXAI Service, Wenpeach cannot accept responsibility.

When you’re using XXAI, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you.

At some point, we may wish to update XXAI. XXAI is currently available on Win and MAC – the requirements for the system (and for any additional systems we decide to extend the availability of the app to) may change, and you will need to download the updates if you want to keep using XXAI. We do not promise that it will always update XXAI so that it is relevant to you and/or works with the Win or MAC version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing XXAI and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination (a) the rights and licenses granted to you in these terms will end; (b) you must stop using XXAI and (if needed) delete it from your device.

Who Can Use

The Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to the Company or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at xx@hixx.ai.

You represent and warrant to the Company that: (i) you are of legal age, and you can form a binding contract with us, and you are not prohibited by law from accessing or using the services; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

User Content

Provision of User Content

You may provide, upload, transmit, create, store, use, edit, or share content such as data, information, phrases, entries, text, questions, and materials with or through the Services ("Input"). You may also receive content such as phrases, text, and responses created, generated, or returned by the Services ("Output"). Together Input and Output are referred to as "User Content." You are permitted to upload, transmit, create, store, use, edit, and share User Content only if it complies with these Terms and Conditions, including the XXAI End-User License Agreement and any other applicable laws.

Ownership and Licensing of Input

You represent and warrant that you own the Input and have all necessary consents, permissions, licenses, and rights to provide and license the Input as set forth in these Terms and Conditions. You also affirm that you have the legal capacity to provide and license the Input and to enter into these Terms and Conditions within the relevant jurisdiction.

Grant of License for Input

Upon uploading or transmitting Input, you grant XXAI a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sublicensable, transferable, worldwide license and right to use, broadcast, reproduce, modify, create derivative works of, record, sublicense (at multiple levels), translate, transmit, or otherwise exploit the Input. This is for the limited purpose of operating or improving the existing and future products of XXAI and its affiliates, including but not limited to training XXAI’s AI. This license applies across all formats and media and with any technology now known or hereafter developed without notice, permission, payment, or any additional compensation to you or a third party.

Liability for User Content

You are not allowed to copy or modify XXAI, any part of XXAI, or our trademarks in any way. You are not allowed to attempt to extract the source code of XXAI, and you should not try to translate XXAI into other languages or make derivative versions. XXAI itself and all the trademarks, copyrights, database rights, and other intellectual property rights related to it still belong to Wenpeach LLC ("Wenpeach").

Prohibition of Infringing Content

You shall not upload, transmit, create, store, edit, use, or share any User Content that violates these Terms and Conditions (including the XXAI End-User License Agreement) and other applicable laws. You agree to indemnify and hold harmless the Indemnitees (as defined under the XXAI End-User License Agreement) in accordance with Article 15 "Indemnification" of the XXAI End-User License Agreement from any Claim that alleges directly or indirectly that any User Content provided by you infringes the Intellectual Property Rights of any third person or results from your breach of these Terms and Conditions.

Nature of Output

You understand and agree that:

1. Output is generated by an Artificial Intelligence;
2. Output might be false, inaccurate, or misleading;
3. XXAI does not represent or warrant that Output is accurate, genuine, or true;
4. Output is not advice, guidance, or information provided by XXAI in any way;
5. XXAI shall not have any responsibility or liability whatsoever for Output. Additionally, you understand and agree that Output may not always be unique, as the same or similar input provided by other users might receive the same or similar outputs.

Changes to Terms and Conditions

Amendments to Terms

We may unilaterally amend and update our Terms and Conditions from time to time. You are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These amendments shall be effective on the date when they are published. You are obliged to follow these amendments and updates and shall be deemed to have agreed with these amendments if you continue to use XXAI following their publication.

End-User License Agreement

This Agreement legally binds the User and Wenpeach LLC. By using XXAI, you agree to these Terms, including the End-User License Agreement and Privacy Policy.

1. Agreement Formation

These terms and conditions legally create an agreement between you as the User and XXAI. Please read all terms and conditions and the scope of our services carefully. By using XXAI (as defined under Article 1.1), you agree to these Terms and Conditions, including the XXAI End-User License Agreement and Privacy Policy. If you do not agree, do not use XXAI. Your continued use confirms your acceptance.

Terms of Use

1.1

As a user of XXAI available on the Official Website, you agree to be bound by these terms of service any time you use or access XXAI. These terms and conditions are set forth by XXAI for any of its products or services located on the Official Website and/or any other online platform (each a “XXAI Service”). Your use of XXAI is subject to your acceptance and compliance with these terms. "Use" or "using" means to access, use, install, download, register with, copy, in-app purchase, or otherwise benefit from using the functionality of XXAI as per the documentation.

1.2

Your use or access of XXAI is also subject to XXAI’s Privacy Policy (the “Privacy Policy”). We reserve the right to change these terms at any time and without notice. Your continued use of XXAI after we post amendments or apply changes to this Agreement shall signify your acceptance of such amendments and/or changes.

1.3

All provisions in this Agreement that refer to the XXAI Apps and the XXAI Services are general terms and conditions set forth by XXAI regarding its products and services. These provisions only grant the User the rights specified herein for XXAI.

1.4

NOTICE TO THE USER: This is a legally binding agreement. If you do not understand or agree to be bound by it or the Privacy Policy, you must not use or access XXAI services. You confirm that you are at least 18 years old (or if younger, are using the services with parental or legal guardian approval) and are legally able to enter into this agreement.

1.5

NOTICE TO PARENTS AND LEGAL GUARDIANS: By granting your child approval to use XXAI, you agree to the terms of this agreement on their behalf and are responsible for supervising their activities.

2. PARTIES

2.1

This Agreement is concluded between XXAI and you as the User who downloaded and/or installed through the Official Website.

2.2

By downloading and/or installing XXAI, the User agrees to have read, understood, and approved all terms and provisions.

3. User Responsibilities

3.1

Users must ensure their use of XXAI complies with all applicable laws and regulations. Any misuse of XXAI that violates legal or ethical standards will result in termination of access to the service.

3.2

Users are responsible for maintaining the security of their account information and passwords. XXAI is not liable for any loss or damage arising from unauthorized access to a user’s account due to failure to secure account credentials.

4. GRANT OF LICENSE

4.1

Subject to your compliance with the terms of the Agreement, XXAI grants you a limited, non-exclusive, revocable license to access, download, and install XXAI for personal, non-commercial use.

4.2

XXAI is protected by copyright laws and international treaties. We retain all rights not expressly granted to the User.

5. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

5.1

Restricted Use: Users must not engage in actions contrary to law and morality or that may damage the opportunity to benefit from XXAI Services.

5.2

The User shall not rent, sell, lease, sublicense, distribute, or transfer XXAI or any rights arising from it.

5.3

User cannot copy, adapt, translate, decompile, reverse engineer, disassemble, modify, recode, or create derivative works of XXAI.

5.4

We may restrict or terminate access to XXAI at any time without notice to ensure network security and continuity of access.

5.5

Updates: We reserve the right to update XXAI and may require Users to accept updated terms to continue using the service.

5.6

Access: The User is responsible for providing the equipment and connections needed to access and use XXAI.

5.7

Purchase and Cancellation Rights: The process for cancellation and refunds will be governed by the terms of the platform through which the purchase was made.

5.8

Defective Content: Users are required to check the content and notify us or the Official Website of any errors or defects.

5.9

We may terminate this Agreement if the User fails to comply with its terms.

6. THIRD-PARTY PARTNERS

6.1

XXAI allows you to enjoy various features and services provided by XXAI and third-party suppliers.

6.2

Third-Party Services and Content are subject to the third party’s terms of service and privacy policies.

7. SECURITY

7.1

XXAI may not be 100% secure. Users accept all responsibility for security risks.

7.2

Users are solely responsible for securing their mobile devices from unauthorized access or cyber-attacks.

8. REGISTRATION AND PASSWORDS

8.1

Registration: XXAI may require you to create an account or log in using Apple or Google accounts.

8.2

Passwords: You are responsible for maintaining the confidentiality and security of your passwords and IDs.

8.3

Provided Information: You must provide accurate, complete, and current information.

8.4

Authentications: Users may benefit from basic functions and services of XXAI without registration (APP only).

9. UNINSTALL AND REMOVAL OF XXAI

Uninstallation and removal procedures vary by device. Follow your device’s instructions to uninstall XXAI.

10. CONSENT TO USE OF DATA AND USER REVIEWS

10.1

We may collect and use technical data and related information to facilitate the provision of software updates and services.

10.2

Reviews may be made publicly available. We have the right to monitor messages and communications for security and training purposes.

10.3

Posting reviews through Google is subject to their policies.

11. INTELLECTUAL PROPERTY RIGHTS

11.1

We are the sole proprietor of XXAI and its associated intellectual property rights.

11.2

"Intellectual property rights" include rights under patent, trademark, copyright, and trade secret laws.

11.3

We grant the right to use related XXAI services worldwide, indefinitely, and exclusively.

11.4

Users are solely responsible for the content they contribute and must ensure it does not violate any rights.

11.5

We respect and expect Users to respect the rights of copyright holders and will remove infringing content.

11.6

We also act to remove objectionable content. The decision to remove objectionable content shall be made at our sole discretion. Objectionable content includes, but is not limited to:

• Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous;
• Content that is hateful or advocates hate crimes, hate speech, and all types of discrimination, harm, or violence against a person, group, or minority;
• Content that may harm minors in any way;
• Content that has the aim or effect of stalking or otherwise harassing or bullying another;
• Private information regarding any individual such as phone numbers, addresses, national ID numbers, Social Security numbers, or any other information that is invasive of another’s privacy;
• Content that is vulgar, offensive, discriminative, obscene, or pornographic;
• Unsolicited or unauthorized advertising, promotional materials, junk mail, SPAM, chain letters, pyramid schemes, or any other form of solicitation;
• Material that contains software viruses or any kind of malicious software or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer or mobile device software or hardware, or telecommunications equipment.

In this regard, Users agree, accept, and undertake not to use XXAI:

• In any way that violates any applicable national, federal, state, local, or international law or regulation;
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
• To generate or disseminate verifiably false information and/or content with the purpose of harming others;
• To generate or disseminate personally identifiable information that can be used to harm an individual;
• To defame, disparage, or otherwise harass others;
• For fully automated decision-making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding enforceable obligation;
• For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
• To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical, or mental characteristics in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
• For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
• To provide medical advice and medical results interpretation;
• To generate or disseminate information for the purpose of being used for the administration of justice, law enforcement, immigration, or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate, and arbitrarily-targeted use).

12. RIGHTS INFRINGEMENTS

12.1

We value confidentiality, intellectual property rights, and personal data and require Users to follow the same principles.

12.2

If you believe materials transmitted or created through XXAI infringe your rights, you may send us a notice requesting removal.

13. SUBSCRIPTION AND PAYMENT

13.1

The release and distribution of XXAI will take place in the global market through the Official Website. XXAI will nevertheless offer certain features and certain limits to the User as a paid feature through a subscription. If the User would like to use such paid features under this Agreement, you will first need to make payment before accessing the paid feature.

13.2

Such subscription features are offered on an annual, semi-annual, quarterly, monthly, or a weekly basis and will be re-billed every year or month by the Official Website, depending upon the auto-renewable subscription model until cancelled by the User. App payments will be processed through the Official Website from which you originally downloaded the application. You may access the applicable subscription rules and policies directly from the third-party payment. You acknowledge and agree that you are fully responsible for managing your subscription and the amount you spend on in-app purchases within XXAI.

13.3

If you are under 18, then you are legally required to have your parents’ or legal guardians’ permission to make any in-app purchases. By completing an in-app purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that in-app purchase, provided that you are concerned that your child may make excessive in-app purchases.

Order Cancellation

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:

• Goods availability
• Errors in the description or prices for goods
• Errors in your order

To ensure fairness and protect the normal operation of our services, we pay special attention to and will take measures against abnormal user behavior.

How can I get a refund?

For users who started their subscription via the web: XXAI has a 30-day refund policy. If for any reason you are not satisfied with your purchase, please contact us at Wendy@hixx.ai within 30 days of payment, and we will give you a refund.

Monthly plan: Please cancel your plan by managing your subscription, and we will stop the deduction for the next billing cycle.

Annual plan: Supports refunds within 30 days in proportion to usage.

How to cancel your subscription

Your subscription automatically renews until you cancel. You can cancel your subscription at any time by following these steps:

1. Open the XXAI App and go to the menu on the left
2. Select Settings
3. Go to Manage Plan

If it has been more than 30 days since you made the payment and you wish to request a refund, please contact us anyway at Wendy@hixx.ai and briefly tell us what has happened. We will review your request and let you know if we can process a refund.

To ensure fairness and protect the normal operation of our services, we pay special attention to and will take measures against abnormal user behavior. If a user's conduct violates our terms of use or code of conduct, such as:

• Attempting to manipulate membership status through improper means
• Intentionally making repetitive cancellations to disrupt service operations
• Exploiting system vulnerabilities to obtain or attempt to obtain undue benefits

The policies explained above are currently valid. Please note that we reserve the right to change our refund policy in the future. If you have any questions, please do not hesitate to contact us at Wendy@hixx.ai.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an order. The prices quoted may be revised by the Company subsequent to accepting an order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company. In that event, you will have the right to cancel your order.

Payments

Payment can be made through a valid card (credit cards or debit cards) and is subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.

Subscriptions

Subscription period: The Service or some parts of the Service are available only with a paid subscription. You will be billed in advance on a recurring and periodic basis either monthly or yearly, depending on the type of subscription plan you select when purchasing the subscription. At the end of each period, your subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it.

Subscription cancellations: You may cancel your subscription renewal by contacting us at Wendy@hixx.ai or cancel on the dashboard. You will not receive a refund for the fees you already paid for your current subscription period, and you will be able to access the Service until the end of your current subscription period.

Billing: You shall provide the Company with accurate and complete billing information, including full name, address, state, zip code, telephone number, and a valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually within a certain deadline date with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes: The Company, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription period. The Company will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

Refunds: We have established different refund policies based on subscription type, regional laws, and account status.

EU or Turkey customers: If you reside in the EU or Turkey, you are eligible to cancel your subscription and receive a refund within 14 days of purchase, applicable to both monthly and annual subscriptions. Please specify in your refund request that you are applying for a refund under EU or Turkey regulations. If there are any irregularities with your account, Monica customer service may require you to provide relevant proof when processing the refund request.

All other customers:

• Monthly subscriptions: You can apply for a monthly refund within 24 hours after the initial purchase charge. Please state the reason for your refund request in your application.
• Annual subscriptions: You can apply for a refund within 72 hours after the initial purchase charge. Please state the reason for your refund request in your application. No refunds will be granted for requests made after this period.

Although we strictly adhere to our policies, Monica may not be able to fulfill your refund request if there are irregularities with your account. We strive to make our refund policy as fair as possible.

If you are eligible for a refund, we will process it and get back to you within 7-10 business days. However, please note that if you have previously received a refund for our services, we reserve the right to deny subsequent refund requests, and thus the above policy will not apply to you. This policy is designed to prevent abuse of our refund system and ensure fair use of our services.

Promotions

Any promotions made available through the Service may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable rules as well as our Privacy policy. If the rules for a promotion conflict with these Terms, the promotion rules will apply.

User Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a Third-Party Social Media Service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. We only permit one account per user, and if you try to create multiple accounts or violate our fair usage policy, we reserve the right to remove your data and ban & restrict your access to our service.

Content

Your Right to Create or Post Content

Our Service allows you to generate and post content. You are responsible for the content that you generate using the AI Service, including its legality, reliability, and appropriateness. By generating and posting content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Service. You retain any and all of your rights to any content you create, post, or display on or through the Service, and you are responsible for protecting those rights. You agree that this license includes the right for us to make your content available to other users of the Service who may also use your content subject to these Terms. You represent and warrant that:

1. The content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms; and
2. The posting of your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that you are solely responsible for the content and for all activity that occurs under your account, whether done so by you or any third person using your account. You may not generate or transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Automated article spinning & bot-like content generation
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Restricted verticals such as substance/drugs use, adult services, etc.
• Spam, machine – or randomly-generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
• Impersonating any person or entity, including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

The Company reserves the right, but not the obligation, to in its sole discretion determine whether or not any content or use of the app is appropriate and complies with these Terms, refuse, or remove this content. The Company further reserves the right to make formatting and edits and change the manner of any content. The Company can also limit or revoke the use of the Service if you post such objectionable content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service, you may be exposed to content that you may find offensive, indecent, incorrect, or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit or cause to be posted or transmitted any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But you acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

You may cancel your subscription renewal by contacting us at xx@hixx.ai or cancel on the dashboard.

Billing

You shall provide the Company with accurate and complete billing information, including full name, address, state, zip code, telephone number, and a valid payment method information.

Fee Changes

The Company, in its sole discretion and at any time, may modify the subscription fees.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Grant of License

Subject to compliance with these Terms, Wenpeach LLC grants you a limited, non-exclusive license to access, download, and install XXAI for personal, non-commercial use.

Updates

Wenpeach LLC reserves the right to update XXAI and may require you to accept updated Terms to continue using the service.

Third-Party Partners

XXAI may include services and content from third-party partners which are subject to their respective terms and conditions.

Security

You acknowledge that XXAI and any downloaded information may be exposed to security risks.

Registration and Passwords

XXAI may require account creation and login. You are responsible for maintaining the confidentiality and security of your passwords and account information.

Uninstall and Removal of XXAI

You can uninstall XXAI using your device's application manager or following the device manual's instructions.

Consent to Use of Data and User Reviews

We may collect technical data and use information from reviews for promotional purposes provided you have not requested otherwise.

Disputes Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

United States Federal Government End Use Provisions

If you are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Rights Infringements

Wenpeach LLC respects intellectual property rights and will remove content that infringes upon them.

Limitation of Liability

Wenpeach LLC's liability for any damages or losses related to the use of XXAI is limited.

Force Major Event and Applicable Law

Wenpeach LLC is not liable for failures to perform obligations due to force major events.