Terms

# Terms of Use

**XTWEEP**  
**Effective Date: November 03, 2025**  
**Last Updated: November 03, 2025**

The XTWEEP website and mobile applications (collectively, the **"Site"** or **"Platform"**) located at **https://xtweep.com** are copyrighted works owned and operated by **XTWEEP, Inc.** (hereinafter referred to as **"XTWEEP," "Company," "we," "us,"** or **"our"**).  

Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these **Terms of Use** (the **"Terms"**).

**BY ACCESSING, REGISTERING FOR, OR USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND AGREE TO BE BOUND BY THESE TERMS.** If you do not agree with all provisions of these Terms, you are prohibited from accessing or using the Site.

These Terms require the use of **binding arbitration on an individual basis** to resolve disputes (Section 10.2) and **limit the remedies available to you** in the event of a dispute.

---

## 1. Access to the Site

### 1.1 Limited License
Subject to these Terms, Company grants you a **non-transferable, non-exclusive, revocable, limited license** to access and use the Site solely for your own **personal, non-commercial use**.

### 1.2 Age Requirement
You must be **at least 18 years old** to create an account or use the Site. By registering, you certify that you meet this age requirement. We reserve the right to request proof of age and terminate accounts that violate this rule.

### 1.3 Certain Restrictions
Your license is subject to the following restrictions:
- You shall not sell, rent, lease, transfer, assign, distribute, host, or commercially exploit the Site.
- You shall not modify, create derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site.
- You shall not access the Site to build a similar or competitive platform.
- Except as expressly permitted, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
- All copyright and proprietary notices on the Site must be retained on all copies.

Company reserves the right to **change, suspend, or discontinue** the Site (or any part thereof) with or without notice. You agree that Company will not be liable to you or any third party for any such action.

### 1.4 No Support or Maintenance
Company has **no obligation** to provide support, maintenance, updates, or upgrades for the Site.

### 1.5 Ownership
Excluding your User Content (defined below), all intellectual property rights in the Site—including copyrights, patents, trademarks, and trade secrets—are owned by Company or its licensors. These Terms do **not** grant you any rights in such intellectual property except the limited license in Section 1.1.

---

## 2. User Accounts

### 2.1 Account Creation
To access certain features, you must register for an account. You agree to provide **accurate, current, and complete** information and to update it as needed.

### 2.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your login credentials.
- All activities under your account.
- Immediately notifying us of any unauthorized use.

We reserve the right to disable any account at our sole discretion.

---

## 3. User Content

### 3.1 Definition
**"User Content"** means any information, text, images, videos, audio, links, comments, messages, or other material you post, upload, or transmit via the Site.

### 3.2 Your Responsibility
You are **solely responsible** for your User Content. You represent and warrant that:
- You own or have all necessary rights to post your User Content.
- Your User Content does not violate any third-party rights (including intellectual property, privacy, or publicity).
- Your User Content complies with our **Acceptable Use Policy** (Section 3.4).

### 3.3 License Grant to XTWEEP
By posting User Content, you grant Company an **irrevocable, non-exclusive, royalty-free, fully paid, worldwide license** to:
- Use, copy, store, modify, distribute, reproduce, publish, display, perform, create derivative works of, and aggregate your User Content.
- Sublicense these rights to third parties (e.g., hosting providers, analytics partners).
  
This license is solely for the purpose of **operating, promoting, and improving the Site** and developing new services.

### 3.4 Acceptable Use Policy
You agree **not** to use the Site to:
1. Post content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy, abusive, inflammatory, or otherwise objectionable.
2. Post content that promotes racism, bigotry, hatred, or physical harm against any group or individual.
3. Post content harmful to minors.
4. Impersonate any person or entity or misrepresent your affiliation.
5. Upload viruses, malware, or any code intended to disrupt, damage, or limit functionality.
6. Send spam, phishing, chain letters, or unsolicited messages.
7. Harvest or collect personal data of other users without consent.
8. Interfere with or disrupt the Site, servers, or connected networks.
9. Attempt to gain unauthorized access to the Site or other accounts.
10. Encourage or enable violation of these Terms.

### 3.5 Enforcement
We may (but are not obligated to) monitor, review, or edit User Content. We reserve the right to:
- Remove or disable any User Content for any reason.
- Suspend or terminate your account for violations.
- Report illegal activity to law enforcement.

### 3.6 Feedback
Any suggestions, ideas, or feedback you provide about the Site are assigned to Company without compensation. We may use them freely.

### 3.7 Indemnification
You agree to **indemnify and hold harmless** Company, its officers, employees, and agents from any claims, damages, or costs (including attorneys’ fees) arising from:
- Your User Content.
- Your use of the Site.
- Your violation of these Terms or applicable laws.

---

## 4. Third-Party Links, Ads, and Interactions

### 4.1 Third-Party Content
The Site may contain links to third-party websites, advertisements, or services. We do **not** endorse, control, or assume responsibility for them. You access them at your own risk.

### 4.2 Other Users
You are solely responsible for interactions with other users. We are not liable for any loss or damage from such interactions. Disputes between users are not our responsibility.

### 4.3 Release
You **release and forever discharge** Company and its affiliates from any claims, disputes, or liabilities arising from your use of the Site or interactions with other users.

---

## 5. Cookies and Tracking

We use cookies, web beacons, and similar technologies to:
- Authenticate users.
- Remember preferences.
- Analyze usage.
- Serve personalized ads.

See our **[Privacy Policy](https://xtweep.com/privacy)** for details. You can manage cookies via browser settings, but some features may not work if disabled.

**Advertising Partners:** We may share anonymized data with partners (e.g., Google, Meta). Opt-out links are provided in the Privacy Policy.

---

## 6. Disclaimers

THE SITE IS PROVIDED **"AS-IS"** AND **"AS AVAILABLE"**. COMPANY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- TITLE
- NON-INFRINGEMENT
- ACCURACY
- AVAILABILITY
- SECURITY

We do **not guarantee** the Site will be uninterrupted, error-free, virus-free, or meet your expectations.

Some jurisdictions do not allow exclusion of implied warranties—those exclusions may not apply to you.

---

## 7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOST PROFITS, DATA, OR GOODWILL
- COSTS OF SUBSTITUTE GOODS/SERVICES

**OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50 USD)**.

You access and use the Site at your own risk. You are responsible for any damage to your device or data loss.

Some jurisdictions do not allow limitation of liability—those limitations may not apply.

---

## 8. Term and Termination

These Terms remain in effect while you use the Site. We may **suspend or terminate** your access at any time, for any reason, including violation of these Terms.

Upon termination:
- Your account and access rights end immediately.
- User Content may be deleted (we are not obligated to retain backups).
- Sections 1.5, 3, 4.3, 6, 7, 8, 9, and 10 survive.

---

## 9. Copyright Policy

We respect intellectual property. If you believe your copyright is infringed:

1. Send written notice to our **Copyright Agent**:
   ```
   XTWEEP, Inc.
   Attn: Copyright Agent
   [Insert Address or Email: copyright@xtweep.com]
   ```

2. Include:
   - Your signature.
   - Identification of the copyrighted work.
   - Location of infringing material.
   - Your contact information.
   - Good-faith statement of unauthorized use.
   - Statement under penalty of perjury.

We will respond promptly and may remove content or terminate repeat infringers.

**False claims may result in liability for damages and fees.**

---

## 10. General Provisions

### 10.1 Dispute Resolution & Arbitration Agreement

**READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.**

#### 10.1.1 Applicability
All disputes arising from these Terms or your use of the Site (except small claims or intellectual property disputes) shall be resolved by **binding arbitration on an individual basis**.

#### 10.1.2 Informal Resolution
Before arbitration, you must send a **written Notice of Dispute** to:
```
XTWEEP, Inc.
Attn: Legal Department
[Insert Address or Email: legal@xtweep.com]
```
We will attempt to resolve informally within **30 days**.

#### 10.1.3 Arbitration Rules
- Administered by the **American Arbitration Association (AAA)** under Consumer Arbitration Rules.
- Conducted in English.
- If under $10,000, non-appearance-based (phone/online).
- Hearing (if needed) within 100 miles of your residence (or remotely).
- Each party pays own costs; we pay AAA fees if you prevail.

#### 10.1.4 No Class Actions
**YOU MAY ONLY RESOLVE DISPUTES INDIVIDUALLY.** No class arbitrations or representative actions.

#### 10.1.5 Waiver of Jury Trial
**YOU AND COMPANY WAIVE THE RIGHT TO A JURY TRIAL.**

#### 10.1.6 30-Day Opt-Out
You may opt out of arbitration by mailing written notice within **30 days** of first accepting these Terms to the address above.

#### 10.1.7 Severability
If any part of this arbitration agreement is unenforceable, the remainder remains in effect.

---

### 10.2 Governing Law
These Terms are governed by the laws of the **State of California**, without regard to conflict of laws principles.

---

### 10.3 Changes to Terms
We may revise these Terms. Material changes will be notified via:
- Email (to your registered address).
- Prominent Site notice.

Changes are effective **30 days after posting** (immediately for new users). Continued use = acceptance.

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### 10.4 Electronic Communications
You consent to receive communications electronically. They satisfy any legal requirement for written notice.

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### 10.5 Entire Agreement
These Terms, together with the **[Privacy Policy](https://xtweep.com/privacy)**, constitute the entire agreement between you and Company.

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### 10.6 No Waiver
Our failure to enforce any right does not waive it.

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### 10.7 Assignment
You may not assign these Terms. We may assign them freely.

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### 10.8 Contact Information
**XTWEEP, Inc.**  
Email: legal@xtweep.com  
Support: [https://xtweep.com/contacts](https://xtweep.com/contacts)

---

## 11. Community Guidelines (Summary)

All users must:
- Be 18+.
- Post respectfully.
- Avoid spam, scams, or impersonation.
- Report abuse via in-app tools.

Full guidelines are incorporated into these Terms.

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**Thank you for being part of XTWEEP.**  
We’re building a better social experience—together.

**© 2025 XTWEEP, Inc. All rights reserved.**  
**https://xtweep.com** | [About Us](https://xtweep.com/static/about)

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