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Terms of Use 3.2 Each User grants XFA a worldwide, non-exclusive,
transferable, sub-licensable, royalty-free, limited license to
IMPORTANT – READ CAREFULLY BEFORE YOU INSTALL OR upload, download, store, use, combine, edit, reproduce and
USE THIS APPLICATION: these Terms of Use (as defined in otherwise process information and data that you show, upload,
clause 1) are a legal agreement between you and XFA. send or receive in any form on the Application to the extent
reasonably required for the performance of XFA’s obligations and
the exercise of XFA’s rights under these Terms of Use.
By clicking the “I agree” button for accessing, installing or
downloading the Application, you agree to be bound by these 4 Ownership of the Application
Terms of Use. If you do not agree to these Terms of Use, then
you are not allowed to download or access the Application. 4.1 The Application is licensed (as described above), not
sold , to you by XFA for the use in accordance with these Terms
of Use.
1 Definitions
4.2 All Intellectual Property Rights vested in the Application
The following definitions shall apply in these Terms of Use are the sole and exclusive property of XFA and are protected by
regardless of whether they are used in their plural or singular the applicable copyrights and other applicable rights in
form: accordance with local, national and international legislation. XFA
"Application" means the XFA application developed and does not grant any other rights to the Application than granted
managed by XFA, consisting of the (i) XFA Web Extension; (ii) pursuant to these Terms of Use.
XFA Native Client; (iii) XFA Dashboard; (iv) related back-end
services; and (v) related front-end services . 5 User obligations and restrictions
"Device" means the personally owned electronic device of the
5.1 While using the Application, you are obliged to comply
User, such as but not limited to laptops, smartphones and
with any applicable local, national or international laws and
tablets.
regulations.
"XFA", "our", "we" or "us" means XFA BV, a company organized
5.2 The following actions may not be performed by you
and existing under the laws of Belgium having its registered
directly or indirectly:
office at Vredestraat 75, 2600 Antwerp (Berchem) and registered
with company number 0738.739.528. (i) using the Application in any way that (i) would violate
"Intellectual Property Rights" means all intellectual or industrial Intellectual Property Rights of any (third) party; (ii) is
property right or equivalent, whether registered or unregistered, otherwise unlawful, illegal, fraudulent or harmful; or (iii) is in
including but not limited to: (i) copyright (including moral rights), connection with any unlawful, illegal, fraudulent or harmful
patents, database rights and rights in trademarks, logos, purpose or activity;
designs, other artwork, know-how and trade secrets and other (ii) using the Application to distribute any form of spam or
protected undisclosed information; and (ii) applications for unwanted commercial information;
registration, and the right to apply for registration, renewals, (iii) violating privacy and data protection rights of other Users or
extensions, continuations, divisions, reissues, or improvements trying to collect personal data of other persons either
for or relating to any of these rights. manually or automatically by using a ‘robot’, ‘spider’,
"Terms of Use" means these terms of use, as may be amended ‘crawler’, search or retrieval applications, or by using any
from time to time by XFA and available via https://xfa.tech. other (automatic) tools, processes or methods to access the
"User", "you" or "your" means the individual accessing and/or Application and any data or information;
using the Application. (iv) hindering or disturbing the Application, the servers or
"XFA Dashboard" means the online web application where the networks hosting the Application;
User can register,create, and manage their organization and gain (v) impersonating as another person or entity;
security insights from all invited Devices. (vi) breaching or otherwise circumventing any technical limitation
"XFA Native Client" means the desktop application which or security or authentication measures;
requests the settings and status of the Device, such as but not
limited to disk encryption and operating system updates.
(vii) modifying the Application or develop any derivative
works based on the Application;
"XFA Web Extension" means the desktop & mobile browser
add-on extension through which a user can request their (viii) using the Application in any other way than expressly
personal insights and advice. authorized in these Terms of Use;
(ix) decompiling, disassembling, translating, reverse engineering
2 Scope or attempting to reconstruct, identifying or discovering,
copying, creating derivative works based upon the source
2.1 These Terms of Use are applicable to the access to and
code of the Application, underlying ideas, underlying user
the use of the Application by any User.
interface techniques or algorithms of the Application by any
2.2 The Application currently includes: (i) features and means whatsoever (except to the extent such restriction is
services that are provided free of charge for your personal use prohibited under applicable law), or disclose any of the
and (ii) features and services that are available for purchase for foregoing;
your personal or internal business use, which is governed by a
separate legal agreement. (x) taking any action that would cause the Application, or the
source code to be placed in the public domain,
2.3 You represent that you have reached the age of
majority in your jurisdiction and that you are fully able and (xi) removing proprietary notices (including copyright notices) of
competent to understand and agree to these Terms of Use. Application; and/or
(xii)distributing, selling, leasing, commercializing, renting,
3 License displaying, licensing, sublicensing, transferring, providing,
3.1 Subject to the Terms of Use, XFA grants you a disclosing, or otherwise making available to, or permit the
restricted, non-exclusive, non-transferrable, non-sublicensable, use of, or access to, the Application, in whole or in part, to
non-assignable, revocable license to download, install, access any third party, except as expressly permitted in the these
and use the Application for your own personal or internal Terms of Use.
business use.
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6 Support and availability remaining provisions of these Terms of Use, and the remaining
6.1 XFA shall make commercially reasonable efforts to portion of these Terms of Use will remain in full force and effect.
ensure a continued availability of the Application. However, XFA
does not guarantee that the Application shall be accessible or 13 Choice of law and forum
available at any time, any place or on any User device. If you 13.1 These Terms of Use are governed by the Laws of
encounter issues in accessing the Application or have questions Belgium, without regard to its choice of law provisions. All
about availability, please contact XFA through the following email disputes concerning the validity, interpretation, enforcement and
address: contact@xfa.tech termination of these Terms of Use will be subject to the exclusive
jurisdiction of the courts of Antwerp (Belgium), division Antwerp.
7 Modifications to the Application
7.1 XFA reserves the right to make any modifications,
adaptations, corrections or any other alterations to the
Application (including, but not limited to, adding or removing
certain functionalities) at any time and without notice.
7.2 XFA shall not be held liable for any loss or damage
arising out of aforementioned modifications.
8 Indemnification
8.1 You agree to indemnify and hold harmless XFA and its
employees, managers, officers and agents from and against any
claims, liabilities, damages, losses, and expenses, including
without limitation, reasonable attorney's fees and costs, arising
out of or in any way connected with any of the following:
(i) your access to or use of the Application;
(ii) your breach or alleged breach of these Terms of Use;
(iii) your violation of any third-party right, including without
limitation, any Intellectual Property Right, publicity,
confidentiality, property or privacy right;
(iv) your violation of any laws, rules, regulations, codes, statutes,
ordinances or orders of any governmental and
quasi-governmental authorities, including, without limitation,
all regulatory, administrative and legislative authorities;
and/or any misrepresentation made by you.
9 Warranties
9.1 The Application is made available to you “as is”. XFA
disclaims all warranties of any kind, either express or implied,
including but not limited to implied warranties of merchantability
and fitness for a particular purpose, with respect to the
Application.
10 Limitation of liability
10.1 You acknowledge that to the extent permitted by
applicable law, XFA shall not be liable to you for any damages
incurred due to the use of the Application.
11 Termination
11.1 XFA reserves the right to immediately terminate or
suspend your access to the Application, if you do not comply
with these Terms of Use.
12 Other
12.1 Unless a mutually executed agreement between you
and XFA states otherwise, these Terms of Use make up the
entire agreement between you and XFA regarding the
Application and supersede any prior agreements.
12.2 Nothing in these Terms of Use will prevent XFA from
complying with the law. The Application is not intended for
distribution to, or use in, any country where such distribution or
use would violate local law. XFA reserves the right to limit the
Application in any country, including for, but not limited to,
regulatory reasons.
12.3 Any amendment to or waiver of these Terms of Use
requires the express consent of XFA.
12.4 If any provision of these Terms of Use is found to be
unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these Terms of Use
and shall not affect the validity and enforceability of the
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