Terms and Conditions of Use:
Effective Date: January 31, 2024
a. No Warranty:
i. The App is provided “as is” without any warranties, expressed or implied.
6. Disclaimers and Limitations of Liability
b. License:
i. Users are granted a limited, non-exclusive, revocable license to access and use the App for personal, non-commercial purposes.
a. Ownership:
i. The App, including all content, features, and functionality, is the exclusive property of Xrossover Sports and is protected by intellectual property laws.
5. Intellectual Property
b. Prohibited Conduct:
i. Users are prohibited from engaging in any activity that may disrupt the functioning of the App, compromise security, or violate the rights of others.
a. Permitted Use:
i. Users agree to use the App only for lawful purposes and in compliance with all applicable laws and regulations.
4. Use of the App
b. Account Termination:
i. Xrossover Sports reserves the right to terminate or suspend user accounts at its discretion, without prior notice, for any reason.
ii. Users will be notified via email or in-app notification of account termination or suspension, along with the reasons for such action when possible.
a. Account Creation:
i. Users may be required to create an account to access certain features of the App. You are responsible for maintaining the confidentiality of your account information.
3. User Accounts
b. Privacy Policy:
i. Our Privacy Policy, available on our website at Privacy Policy, explains how we collect, use, and safeguard your personal information. By using the App, you consent to the terms of our Privacy Policy.
a. User Data:
i. By using the App, you acknowledge and agree that Xrossover Sports may collect and process personal data, including but not limited to, name, email, and performance metrics, as outlined in our Privacy Policy.
2. Data Collection and Privacy
1. Acceptance of Terms
By accessing or using the XOver Trainer App (“the App”), you agree to comply with and be bound by the following terms and conditions (“Terms”). If you do not agree to these Terms, please do not use the App.
b. Limitation of Liability:
i. Xrossover Sports shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.
7. Amendments toTerms
a. Changes:
i. Xrossover Sports reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting. Users will be notified of these changes through email or in-app notifications.
8. Governing Law
a. Jurisdiction:
i. These Terms and Conditions shall be governed by and construed in accordance with the laws applicable anywhere in the world.
ii. Users from any location globally agree to adhere to these Terms and Conditions.
iii. Any disputes arising out of or related to these Terms and Conditions shall be resolved through arbitration or other appropriate means, irrespective of the user’s location.
9. Contact Information
a. Questions:
i. For any questions or concerns regarding these Terms and Conditions, please contact us at support@xrossoversports.com.
10. User Conduct and Responsibilities
a. Acceptable Use:
i. Users agree to use the App only for lawful and appropriate purposes, adhering to all applicable laws and regulations.
b. User Responsibilities:
i. Users are responsible for maintaining the security and confidentiality of their account information.
ii. Xrossover Sports reserves the right to terminate or suspend user accounts without prior notice for any violation of the Terms of Service.
11. Notification of Changes
a. Updates to Terms:
i. Xrossover Sports reserves the right to modify these Terms at any time, with changes taking effect immediately upon posting.
ii. Users will be notified of these changes through email or in-app notifications.
12. Additional Legal Considerations
a. Entire Agreement:
i. These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Xrossover Website or linked there from from time to time:
– Privacy Policy
– Delivery Guarantee
ii. In the event of a conflict between any policies posted or linked on the Xrossover Website and these Terms, these Terms will control. These Terms represent the entire understanding between Xrossover Sports, Inc. (“Xrossover”) and you regarding the Xrossover Services and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
d. Severability:
i. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
c. Waiver:
i. Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
b. Assignment:
i. You may not assign any of your rights or obligations under these Terms without prior written consent from Xrossover. Xrossover may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.