Terms of Service.

Terms of Use (EULA)

Your Terms of Use (EULA) on XFlush

1. Terms of Use (EULA) of XFlush

Introduction:

Welcome to XFlush! These Terms of Use (EULA) ("Terms") govern your use of the XFlush mobile application and any related services (collectively, the "Service") provided by Existence ("we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms and any additional Terms of Use (EULA) and policies referenced herein and/or available by hyperlink.

Please read these Terms carefully before using our Service. These Terms outline your legal rights and responsibilities and include important information about your access to and use of the Service, intellectual property rights, privacy rights, and legal disclaimers and limitations.

Acceptance of Terms:

By creating an account, downloading, installing, or using the Service, you confirm that you have read, understood, and agreed to these Terms. If you are using the Service on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these Terms.

If you do not agree with any part of these Terms, you must not use our Service.

Age Requirement:

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

Changes to Terms:

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Service, and you waive any right you may have to receive specific notice of such changes. Your continued use of the Service after such posting will constitute your acceptance of these changes.

2. User Account

Registration and Authentication:

XFlush offers both authenticated and unauthenticated access to users. You may use certain features of XFlush without creating an account. However, access to premium features requires registration and authentication. If you choose to register for an account, you will be required to provide certain personal information.

During the registration process, you must provide accurate, complete, and current information. Failure to do so may result in the inability to access premium features or the termination of your account.

Account Security:

For registered users, account security is paramount. You are responsible for safeguarding the password that you use to access premium features and for any activities or actions under your password. We encourage the use of strong passwords with your account.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. XFlush cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

Data Privacy:

Your privacy is a priority at XFlush. The personal information collected during registration and use of the Service is protected and handled in accordance with our Privacy Policy.

Account Modification and Cancellation:

As a registered user, you can modify your account information or cancel your account at any time through the account settings feature. Upon account cancellation, your profile and other associated information will no longer be accessible. We may retain certain information as required by law or for legitimate business purposes.

We reserve the right to suspend or terminate your account, at our sole discretion, should there be any breach of these Terms or any suspected fraudulent, abusive, or illegal activity.

3. Use of the App

Permitted Uses:

Personal and Non-Commercial Use: XFlush is for your personal and non-commercial use. You may not use XFlush for commercial purposes without obtaining prior written consent from us.

Compliance with Laws: You must use XFlush in compliance with all applicable local, state, national, and international laws and regulations.

Content Interaction: You may interact with the content provided on XFlush in ways that are expressly permitted by the app's functionality and these Terms.

Respectful Communication: When communicating with other users or posting content, you must conduct yourself in a respectful and lawful manner.

Security Practices: You should use standard security practices, such as keeping your login credentials confidential and not sharing them with others.

Accurate Information: If required to provide information, such information must be current, complete, and accurate.

Responsible Use: You must use XFlush responsibly and with consideration for the rights and well-being of other users and the integrity of the app.

Prohibited Uses:

You are prohibited from using XFlush or its content for unlawful purposes, to solicit others to perform or participate in any unlawful acts, to violate intellectual property rights, to harass or abuse others, to upload or transmit viruses or malicious code, to collect or track the personal information of others, or to use any automated system to access the app.

Violation of these prohibitions may lead to immediate termination of your access to XFlush.

4. In-App Subscriptions

Subscription Models:

Existence offers various in-app subscription options: Monthly Subscription (charged monthly), Half-Yearly Subscription (charged every six months), and Yearly Subscription (charged annually). You can manage or cancel your subscriptions at any time through your account settings on the app.

Payment Processing:

Existence does not store any payment details on our databases. All in-app purchases, including subscriptions, are processed through Apple Subscriptions (for Apple devices) and Google Subscriptions (for Android devices). Payment information is encrypted and securely processed by the respective app store platforms. We do not have access to your credit card or payment account details.

5. Intellectual Property Rights

Ownership:

The XFlush app, its original content, features, functionality, and the technology used to provide the app are and will remain the exclusive property of Existence and its licensors. This app is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

XFlush and its associated logos and identifiers are trademarks of Existence. You agree not to use these marks without our prior written permission.

You must not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any part of the app, unless expressly permitted by applicable law or authorized by us in writing.

User-Generated Content:

Users of XFlush may post, upload, or otherwise contribute content to the app. You are solely responsible for your User-Generated Content and the consequences of posting or publishing it.

Your User-Generated Content must be your original creation or you must have all necessary licenses and permissions. It must not infringe any third party's rights, contain defamatory or offensive material, or promote illegal activity.

By submitting User-Generated Content on the app, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the service provided by the app.

6. Modification of Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you of any changes through the app interface, via email, or through other reasonable means of communication. Your continued use of XFlush after any such changes take effect constitutes your acceptance of the new Terms.

7. Termination

By You: You may terminate your account and discontinue your use of XFlush at any time.

By Us: We may suspend or terminate your account and access to XFlush at any time, without notice, in case of your breach of these Terms.

Effect of Termination: Upon termination, your right to use XFlush will immediately cease. If your account is terminated, we may delete your account information and any content associated with your account without any liability to you.

8. Disclaimers and Limitations of Liability

No Warranties:

XFlush and its content are provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that the service will be uninterrupted, secure, or available at any particular time or location, that any defects or errors will be corrected, or that the service is free of viruses or other harmful components.

Limitation of Liability:

To the maximum extent permitted by applicable law, in no event will Existence, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use XFlush.

In no event will Existence's total liability arising out of or in connection with these terms exceed the amounts you have paid to Existence for use of XFlush or one hundred dollars ($100), if you have not had any payment obligations to Existence.

9. Indemnification

You agree to indemnify and hold harmless Existence, its officers, directors, employees, agents, and third parties, from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access and use of XFlush, your violation of these Terms, your violation of any third-party right, any wrongful conduct, your interaction with other users, violation of laws, user-generated content, or unauthorized use of your account.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. Any legal actions or disputes shall be resolved in the competent courts located in South Africa.

11. Dispute Resolution

Initial Resolution Effort: We encourage you to contact us directly at info@existence-klcorp.com if any concerns or disputes arise.

Mandatory Arbitration: If we cannot resolve the dispute informally, you and we agree to resolve any claims through final and binding arbitration conducted by a neutral arbitrator in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration will be conducted in English and take place in Johannesburg, unless otherwise agreed upon.

No Class Actions: You may only resolve disputes with us on an individual basis.

Opt-out: You can decline the arbitration agreement by contacting info@existence-klcorp.com within 30 days of first accepting these Terms.

12. Contact Information

Email: info@existence-klcorp.com

Physical Address: Katherine St & Centex Cl, Strathavon, Johannesburg, 2196

Telephone: +27 65 919 2291

13. Miscellaneous

Severability:

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall remain in full force and effect.

Entire Agreement:

These Terms, together with any additional policies referred to herein, constitute the entire agreement between you and Existence regarding XFlush, and supersede and replace any prior agreements regarding XFlush.

14. Effective Date

These Terms of Use (EULA) become effective as of January 1, 2023. Your continued use of XFlush after the effective date constitutes your acceptance of these Terms.