Terms of Service

1. About these terms

These Terms of Service ("Terms") govern your access to and use of all products, tools, and services operated by XDMEDIA ("we", "us", "our"), including any web applications, APIs, and related services (collectively, "Services"). By using our Services you agree to these Terms. If you do not agree, do not use our Services.

2. Use of services

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable law or regulation
• Attempt to gain unauthorised access to any part of the Services or their infrastructure
• Use automated scripts, bots, or scrapers to access the Services at a volume that burdens our systems
• Upload or transmit malicious code, viruses, or any content that is harmful, offensive, or infringing
• Resell or sublicense access to the Services without our prior written consent

3. Accounts

Some Services require you to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you suspect unauthorised use of your account.

4. Payments and subscriptions

Certain Services are offered on a paid basis. All payments are processed securely by Stripe, Inc. By providing payment information you authorise us to charge the applicable fees. Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). You may cancel at any time; cancellation takes effect at the end of the current billing period and no partial refunds are issued unless required by applicable law.

We reserve the right to change pricing with 30 days' notice. Continued use of a paid Service after a price change constitutes acceptance of the new pricing.

5. Free tiers and trials

Where a free tier or trial is offered, we reserve the right to modify or discontinue it at any time. Free tiers may have usage limits, rate limits, or feature restrictions.

6. User content

Some Services allow you to upload or submit content (e.g. files, images, text). You retain ownership of your content. By submitting content you grant us a limited, non-exclusive licence to process it solely for the purpose of providing the Service. We do not claim any ownership over your content and will not use it for any other purpose.

You are solely responsible for content you submit. We reserve the right to remove content that violates these Terms or applicable law.

7. Intellectual property

The Services, including all software, design, trademarks, and content produced by XDMEDIA, are owned by XDMEDIA and protected by intellectual property law. Nothing in these Terms transfers ownership of any intellectual property to you. You may not copy, modify, distribute, or create derivative works from our Services without our express written permission.

8. Availability and changes

We aim for high availability but do not guarantee uninterrupted or error-free access to the Services. We may modify, suspend, or discontinue any part of the Services at any time. For paid Services we will provide reasonable advance notice of material changes or discontinuation.

9. Disclaimer of warranties

The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will meet your requirements or that results obtained from use of the Services will be accurate or reliable.

10. Limitation of liability

To the maximum extent permitted by applicable law, XDMEDIA shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising from these Terms or use of the Services shall not exceed the amount you paid us in the twelve months preceding the claim.

11. Indemnification

You agree to indemnify and hold XDMEDIA harmless from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your infringement of any third-party rights.

12. Termination

We may suspend or terminate your access to the Services at any time if we reasonably believe you have violated these Terms. You may terminate your account at any time by contacting us. Upon termination, your right to use the Services ceases immediately.

13. Governing law

These Terms are governed by the laws of the Netherlands. Any disputes shall be subject to the exclusive jurisdiction of the competent courts in the Netherlands.

14. Changes to these terms

We may update these Terms from time to time. We will notify users of material changes by updating the date at the top of this page. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

15. Contact

Questions about these Terms? Contact us at [email protected].