Terms of Service

v3.1.0

Welcome to XINK!

These Terms of Service explain how to use our platform and outline your and XINK’s responsibilities.
You agree to these terms by using our services, so please take a moment to review them carefully.
If you have any questions, don’t hesitate to reach out—we’re here to help and excited to welcome you to our community!

Definitions:
“Client”: This term refers to you, including your employees, directors, successors, assignees, agents, and affiliates.
“Service”: Any platform, software, service, product, or feature XINK provides.
“Terms of Service” (TOC): This agreement governs your use of our services.
Acceptance of Terms:
By using XINK, you agree to abide by these Terms of Service.
Service Availability:
XINK strives to provide continuous and reliable Service but cannot guarantee 100% uptime.
XINK shall not be responsible for potential downtimes related to third-party services, such as Microsoft 365, Google Workspace, or other services that XINK integrates with.
License Usage:
Each employee added or synchronized to your account must have a corresponding license.
For example, adding or syncing 200 employees requires 200 licenses.
Additionally, if you do not filter out service accounts, meeting rooms, or similar entities, these will also require a license.
These licenses are non-exclusive and non-transferable to any other party.
Service Payment:
Service fees are billed monthly or yearly in advance.
We accept card and bank wire payments in major currencies.
Your account may be suspended or terminated if payment is not received within 30 days.
Pricing and Adjustments:
We may adjust prices, and the Client always has the option to cancel the subscription if they do not wish to continue under the new terms.
Client Responsibility:
The Client is responsible for maintaining the security of their account and all associated activities.
The Client agrees not to misuse or abuse the platform by engaging in prohibited actions.
Additionally, you must ensure that all content you provide complies with applicable laws and does not infringe on any rights.
Data Ownership:
The Client retains ownership of any data processed through the XINK services but grants XINK permission to use such data to provide the service.
Confidentiality:
XINK will maintain the confidentiality of the Client’s data and will not disclose it to third parties unless required by law.
Modification of Terms:
XINK reserves the right to modify the terms of this agreement at any time.
Service Termination:
The Service may be cancelled anytime, but refunds will not be issued for partial months.
Either party may terminate the Service with written notice at least 30 days before the renewal date.
Termination is effective only upon confirmation by XINK and provided that all outstanding payments are settled.
Failure to give 30 days prior written notice of termination will result in the automatic renewal of the Subscription for the next period. The Client will be responsible for all applicable license fees.
No refunds will be provided for any payments made.
Client access to the Service will be terminated upon termination, and all data may be permanently deleted.
If there is a billing error, please contact us within 30 days to resolve it.
We will promptly investigate any billing disputes and provide a written response within 7 days of receipt.
Liability Limitation and Warranty:
The XINK Service is provided “as is” and only with the warranties expressly stated in this Agreement.
We do not guarantee uninterrupted access, compatibility with your systems, or that the Service will be free of minor errors or defects that do not significantly affect functionality.
Furthermore, XINK disclaims any implied warranties—including fitness for a particular purpose.
Neither party shall be liable for any indirect, incidental, or consequential damages arising from the use of our services.
Dispute Resolution:
If any dispute arises under these Terms of Service, the parties agree to first attempt to resolve it through mediation.
Should mediation fail to settle the dispute, it will then be resolved by binding arbitration.
Governing Law:
These Terms are governed by and interpreted by the laws of Denmark.
Any legal disputes arising from these Terms must be resolved exclusively in the courts of Denmark, ensuring that all proceedings take place under Danish jurisdiction.
Entire Agreement:
This agreement constitutes the entire understanding between the parties and supersedes all prior agreements and understandings, whether written or oral.
Assignment:
The Client may not assign or transfer any rights or obligations under this Agreement without XINK’s explicit written permission.
XINK, however, reserves the right to assign or transfer its rights and obligations, including in connection with any company merger, acquisition, or restructuring.

Major version: Indicates significant changes that might alter core user rights or obligations.
Minor version: Denotes updates or additions that enhance the document without fundamentally changing its legal framework.
Patch version: Reflects minor corrections or clarifications.

Changelog

Version	Effective Date	Description
v3.0.0	Feb 24, 2025	Changelog implemented. 'License Usage' (4) clarified. 'Pricing and Adjustments' added (6).
v3.1.0	Mar 7, 2025	Definitions (1) clarified. Acceptance of Terms (2) clarified. Service Payment (5) clarified. Client Responsibility (7) clarified. Liability Limitation (12) combined with Warranty (13). Liability Warranty (13) removed. Dispute Resolution (14) updated. Governing Law (15) updated. Assignment (17) clarified.

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