Terms and Conditions of Service

Introduction

Welcome, these are the Terms and Conditions of Service (the “Terms”) for the website located at www.xtra-app.com (the “Site”), including its sub-domains and its mobile optimized versions, along with the mobile application known as Xtra App (the “App”) (hereinafter, the Site and the App shall all be collectively referred to as “Xtra ”).  These Terms shall supplement our Privacy Policy (the “Policy”) incorporated herein by reference.

Xtra is proudly operated by Xtra Apps Inc., hereinafter referred to as “Xtra Apps.  The terms us’, ‘its’, ‘oursand/or we’, as used herein, refer to us, Xtra Apps and/or our affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your, and/or yourself’ refer to you, a user/visitor/browser of our Xtra, whether registered under an account or not.

Acceptance

If you continue to browse and use Xtra, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern Xtra Apps’ relationship with you in relation to the Site and the App, along with any products and services offered thereby (collectively, the “Service(s)”). 

You hereby acknowledge and agree that these Terms are concluded between you and Xtra Apps only, and not with Google Inc. or Apple Inc.  Henceforth, Xtra Apps is solely responsible for the Site and the App and the content thereof.  These Terms may not provide for usage rules for the App that are less restrictive than the usage rules set forth for licensed applications in, or otherwise be in conflict with, Google Inc.’s or Apple Inc.’s app stores terms of service.

Updates

Xtra Apps reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services, at any time and without notice.  Any changes to these Terms will be displayed in the Site, and we may notify you through the App or by email.  Please refer to the last effective date where changes were last undertaken by us.  Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Services

Xtra allows anonymous communication among our users via text, photo and video messages in a chat interface.  You must open an account with us in order to use the App, though your user profile will be anonymous by default.  Any chat messages you receive are not intended to purport any identifiable person. For example, if you receive a message in a chat from the username “jenny”, such chat message is not representing to be anyone, and you will not be able to infer the actual location, address, telephone or personal information of any user unless the user elects to disclose it to you.

The App is free to download and use, and we offer a free trial of our Services where you can receive chat messages.  In order to use the full functionalities of Xtra, you can upgrade to a paid subscription.  We offer VIP subscription packages, where you receive a set number of virtual items as one-time items, where you receive them recurrently and where you can also receive other items and benefits to be displayed in your account.  Your subscription will automatically renew until before the end of the then current monthly period.  Your account will be charged for renewal within prior to the end of the current period.

You can elect to cancel your subscription at any time, by accessing your account in Google Inc.’s or Apple Inc.’s app stores and following the necessary steps.  If you cancel your current subscription during the active period, you will be able to use the paid functionalities of the App until the period ends.  We do not offer refunds.

Virtual Goods

In order to communicate among our users and via the App, we offer the functionality of purchasing virtual goods, namely “coins” (the “Coin(s)”) and other kind virtual goods (the “Goodies”).  Coins and/or Goodies that are purchased (or received by you) within our Services will be displayed in your account.  The purchase of any virtual items must be made lawfully, under legitimate means, and with actual currency. Notwithstanding anything mentioned herein, your purchase and possession of any such virtual items does not entail ownership in any manner, nor actual monetary value or currency exchange capability, instead the Coins and Goodies are functionality granted to you by Xtra Apps under the limited license for use within the Services.

You hereby acknowledge and agree that your purchase, use and distribution of any virtual items in your account will result in revenue to the recipient user, as determined by Xtra Apps from time to time, in its sole and final discretion.  The virtual goods system is made available solely for your convenience, at your own discretion, and you further understand that once you have confirmed a transfer of any virtual item to another user's account, such action will be final and you will lose the ability to withdrawn or cancel the operation.  Notwithstanding the foregoing, Xtra Apps cannot make any guarantee that the amount or value of any such virtual items you may receive or give to a user will cause any revenue to such user, or to you, or that any value will be generated.

The purchase of virtual items will be undertaken via Google Inc.’s or Apple Inc.’s app stores.  You will not be able to sell virtual items in exchange for physical goods, crypto currencies or real currency.  The actual value of any such virtual items will be determined by Xtra Apps, in its sole and final discretion, based on various factors and Xtra Apps further reserves the right to modify the ultimate purchase exchange rate between actual currency from the app stores and the virtual items licensed via the Service, with or without reason, in its sole discretion.

We will use third-party payment processors in order to bill you for any Services provided through Xtra.  The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors.  Xtra Apps is not responsible for any and all fees, delays and errors by the payment processors.

We will monitor the App and the Services for any fraudulent activities.  We reserve the right to permanently sequester any virtual items from any account that we determine, in our sole discretion, were purchased or acquired using fraudulent means (e.g. cloned credit cards) or that otherwise are in breach of our Terms.  Upon such case, any right and license to your virtual items will be terminated and any rights forever barred.

Prohibited Activities

As our user, you agree to not undertake, motivate, or facilitate the use or access of Xtra in order to:

  1. Infringe these Terms, or allow, encourage or facilitate others to do so.
  2. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
  3. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
  4. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
  5. Solicit money from other users.
  6. Ask other users to conceal the identity, source, or destination of any illegally gained money or products.
  7. Upload infringing, false, duplicated, altered or otherwise misleading purchase information.
  8. Use any automated or manual process to obtain, copy, process, access and/or use our Services or any part therefrom to capture unauthorized data or content, for any purpose.
  9. Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from Xtra or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software robots and spiders and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
  10. Use Xtra to disseminate any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
  11. Undertake any action that will or may cause an unreasonable load on Xtra Apps’ and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from Xtra.
  12. Intercept or monitor activity via our Services without our express authorization.
  13. Otherwise reverse engineer, decompile or extract the proprietary code of Xtra.

You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to Xtra and our Services, without refund or reimbursement on our part.  We may terminate or suspend your subscription and/or membership for our Service, at any time, for any reason, without prior notice, and at our sole and final discretion.

Parental Notice

Xtra Apps does not provide its Services to persons under the age of eighteen (18).  Users under the age of eighteen (18) may not use Xtra, even with the consent of their legal guardians.  All of our users are otherwise prohibited from providing us with personally identifiable information of persons under the age of thirteen (13).

Ownership

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on Xtra are the property of –or otherwise are licensed to– Xtra Apps or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world.  Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.  No section hereof shall be construed as intent to grant to you any right transfer or interest in Xtra or our Services, in whole or in part.

For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States of America and other applicable jurisdictions. 

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in Xtra and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

You hereby acknowledge and agree that, in the event of any third party claim that the App infringes any third party’s intellectual property rights, Xtra Apps, and not Google Inc. or Apple Inc., will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

Licenses

Use License.  In order to use the App and Services, we grant you a limited, revocable, worldwide license to use, the App and Services.

User Generated Content License.  You hereby grant Xtra Apps an unlimited, non-exclusive, royalty-free, for all the world, right and license to download, use, reproduce, distribute, analyze and exploit any and all content, texts, data and any components therefrom that you or your affiliates, agents, employees or representatives introduce, upload or otherwise deliver to Xtra .  You represent and warrant to Xtra Apps that you have all rights, authorizations or otherwise hold sufficient title for all content submitted to Xtra Apps as set forth herein.

App Store Terms.

You hereby acknowledge and agree that these Terms are executed between Xtra App and you, and not between Google, Inc. or Apple, Inc. (hereinafter, Apple” and “Google”).  Henceforth, the license granted to you for the App is also limited to a non-transferable license to use the App an authorized third party device activated product that you own or control, and as permitted by the terms of use set forth in the applicable app store.

These Terms may not provide for usage rules for the App that are less restrictive than the usage rules set forth for licensed applications in, or that otherwise are in conflict with, Google’s or Apple’s app stores terms of service.

Xtra App, and not any such third party app store provider, shall be solely responsible for the App and any and all content thereof.  Xtra App is solely responsible for the App, the Services and the content thereof.

To the extent these Terms provides for terms of use or licenses for the App that are less restrictive than the terms of use set forth in the applicable app store, or that otherwise are in conflict with their respective of use, the more restrictive term shall govern. 

Xtra App is solely responsible for providing any maintenance and support services with respect to the App, and neither Apple nor Google have any obligation whatsoever to furnish any maintenance and support services thereof.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, and they may refund you the purchase price for the App only (if any); and, to the maximum extent permitted by applicable law, neither Apple nor Google will have other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Xtra App’s responsibility.

You hereby acknowledge and agree that Apple and Google (and their affiliates), are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third party beneficiaries thereof.

Third party links

From time to time, the Site, the App and/or the Services may contain hyperlinks to other websites.  These links are for your personal convenience and to provide you with further information, which may be of interest to you.  The provision of such links does not imply any endorsement of such third party websites (or their products and services).  

From time to time, we may place ads and promotions from third party sources in the Site, the App and/or the Services.  Accordingly, your participation or undertakings in promotions of third parties other than Xtra Apps, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party.  Xtra Apps is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers.

User Privacy

By disclosing any information to us, you agree to the terms of our Policy, including the terms for the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients.  We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups.  For more information, please read our Policy.

Digital Millennium Copyright Act (‘DMCA’) Notice

For DMCA Takedown Notices and alleged intellectual property rights infringement within Xtra, you can get in touch with us as indicated in our contact section.  Under federal United States law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney's fees.

You must notify us of your claim with subject: "Takedown Request".  Once received, Xtra Apps will study and consider your claim and, if it believes or has reason to believe any content on Xtra that infringes on another’s copyright, Xtra Apps may delete it, disable or otherwise stop displaying it.  Please note that this procedure is exclusively for notifying Xtra Apps and its affiliates that your copyrighted material has been infringed.

Your DMCA notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.  The preceding requirements are intended to comply with Xtra Apps’ rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice.

No Warranty

Neither Xtra Apps, nor its affiliates, subsidiaries, officers, employees and agents warrantee that Xtra will be error-free, uninterrupted, secure, or produce any particular results.  No advice or information given by Xtra Apps or its employees, affiliates, contractors and/or agents shall create a guarantee.  Xtra has not been completely tested in all situations or devices, and that Xtra may or will contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects. 

Neither Xtra Apps nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry.  The functionalities and results displayed within Xtra may or will vary, without prior notice or without any notice at all, and you may receive messages and chat, or not, depending in the availability of other users and/or functionalities of Xtra, and any results will depend on a variety of factors out of the ultimate control of Xtra Apps.  Your use of any information and/or materials on Xtra is entirely at your own risk, for which we shall not be held liable.

To the fullest extent permissible under applicable law, Xtra is provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk.  No oral or written advice provided by Xtra Apps, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty. The entire risk of satisfactory quality and performance resides with you.  Xtra Apps, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment. 

Disclaimer of Damages

In no event shall Xtra Apps, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of Xtra , including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related to Xtra , whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Xtra Apps, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.  For purposes of this limitation of liability, Xtra Apps’ affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.

Limitation of Liability

In no event, shall Xtra Apps’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$50.00 (Fifty United States Dollars); and henceforth any award for direct, provable damages shall not to exceed such total amount.  These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.  Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.  This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.

As our user, you hereby acknowledge and agree that Google Inc. and Apple Inc., and their affiliates and subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions hereof, they will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Indemnification

You shall indemnify, hold harmless, and defend Xtra Apps, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Xtra Apps’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Xtra Apps’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Xtra Apps); and/or (ii) any third party claim arising out of or in relation to Xtra or use thereof in combination with your business platform, including without limitation, any claim that Xtra violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.

Generals

Advertisements and Promotions.  From time to time, we may place ads and promotions from third party sources in Xtra.  Accordingly, your participation or undertakings in promotions of third parties other than Xtra Apps, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party.  We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on Xtra.

Assignment.  These terms will inure to the benefit of any successors of the parties.

Content Moderation.  Xtra Apps hereby reserves the right, at its sole and final discretion, to review any and all content delivered into Xtra, and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.

Equitable remedies:  You hereby acknowledge and agree that if these Terms are not specifically enforced, Xtra Apps will be irreparably damaged, and therefore you agree that Xtra Apps shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Force Majeure. Xtra Apps shall not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Xtra Apps' reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.

No Embargo.  You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A. government’s embargo, or that has been designated by the U.S.A. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S.A. government list of prohibited or restricted parties or activities.

No Waiver. Failure by Xtra Apps to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and Xtra Apps are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Product claims.  You acknowledge and agree that Xtra Apps, and, not Google Inc. or Apple Inc., is responsible for addressing any claims of you or any third party relating to the App in your use or possession, including, but not limited to: (i) product liability claims; (ii) any maintenance and support services; (iii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention.  All remaining provisions of these Terms will remain in full force and effect.

Applicable Law, Waiver, Dispute Resolution

Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Xtra App shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding.  Unless otherwise agreed by you and Xtra App, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.

Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of Florida, United States of America, without regard to conflict of law principles.

Arbitration Procedure.  In the event of any dispute or difference between the parties in relation to or arising from these Terms, including but not limited to the formation, performance, interpretation, nullification, termination or invalidation thereof, the matter shall be referred to arbitration procedure.

Any arbitration shall be managed by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Mediation Procedures.  The arbitration shall be conducted in the English language in the City of Fort Lauderdale, State of Florida, United States of America in accordance with the provisions set forth in the Rules of the AAA.  The arbitral tribunal shall comprise of one (1) arbitrator, appointed by the AAA, who shall preside the arbitral tribunal.  The arbitrator’s decision will follow the terms of this Agreement and will be final and binding.

The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.  The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120 days) following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.  You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.  You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

Contact

If you have any questions or queries about us, the Site, the App, our Services or these Terms, please contact us as indicated in our contact page: www.xtra-app.com/contact.html

Date of last effective update is September 14, 2017.