Future Communications or Changes. We reserve the right to change, delete, discontinue, or impose conditions on any feature or aspect of the Products and Services without prior notice.
License for Use
Restrictions. You agree not to make copies of any materials provided by Xyken, LLC ("Documentation") as part of the Products and Services. Except as expressly permitted, you may not modify or adapt the Programs in whole or in part (including but not limited to translating or creating derivative works), reverse engineer, decompile or disassemble the Programs. You shall not remove any copyright notices or other proprietary notices from the Products and Services. Results of any benchmark or other performance tests run regarding the Products and Services may not be disclosed to any third party without Xyken, LLC's prior written consent.
Improvements. We always welcome ideas and suggestions for our products and services. If you submit any ideas or suggestions for improvements of the Products and Services (“Improvements”), you agree that the entirety and any and all portions of your Improvements will immediately upon submission become our sole and exclusive property. Regardless of whether we accept and/or utilize the Improvement in any way or not at all, you acknowledge and agree that you will retain no legal rights to the Improvements or any Intellectual Property Rights contained therein, including any rights that would result in a fiduciary duty or other obligation on our part, including compensation of any kind, and we are free to use the Improvements without any additional compensation to you and/or to disclose the Improvements on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by receiving your Improvements, we do not waive any rights to use similar or related ideas previously known by us, or developed by our employees, or obtained from sources other than you.
Confidential Information. The Products and Services, including all information, data, drawings, specifications, documentation, software listings, source or object code which Xyken, LLC may have imparted and may from time to time impart to you relating to the Products and Services (other than the ideas and principles which underlie the Products and Services), are considered proprietary and confidential to Xyken, LLC. You hereby agree that you shall use the same solely in accordance with these Terms and Conditions and that you shall not at any time during or after expiry or termination of the Products and Services, disclose the same, whether directly or indirectly, to any third party without Xyken, LLC’s prior written consent. The foregoing provisions shall not prevent the disclosure or use by you of any information which is or hereafter becomes public knowledge (unless that is in any way the result of your actions) or to the extent permitted by law.
Registering for the Products and Services
Registration. In some instances, you may need to register with us in order to use the Products and Services or otherwise. In such case, we will provide you with the instructions necessary to register and create your Xyken, LLC account. At the time of registration, we may collect basic information including but not limited to your name, address and email address. If an account is created on your behalf, you are responsible for maintaining the security of your account credentials. If you discover that any of your personalized security features have been lost or stolen or that someone else has used or attempted to use your account without your authorization, you must notify us immediately.
License Charges. You are responsible for payment of any applicable fees (“License Charges”) for use of the Products and Services.
Provision of Products and Services
Use of Third Party Services. In order to enable you to use the Products and Services, we may utilize third party cloud or other services for the provision of our Products and Services to you and/or for our research and development purposes. We reserve the right to require or recommend installation of additional software including updates to enable continued use of the Products and Services.
Additional Products and Services. From time to time we may offer you additional features or services which may be subject to additional or different terms of service. If you use such additional services, you agree to be bound by any additionally applicable terms of service provided at that time.
Restrictions on Use
Security and Data Privacy
Your Security Controls. You are responsible for the security of data on your own site and/or infrastructure, through your application, or otherwise in your possession, and you agree that you will use best efforts to comply with all applicable national or regional laws and rules in connection with your collection, security and dissemination of any personal, financial or transaction information on your site or through your application.
Term and Termination
You are responsible for determining what, if any, taxes apply to the purchase and/or onward sale of the Products and Services, and for any collection, payment or reporting of the correct tax to the proper tax authority.
Access, Correction and Complaints – Contact Us
Last updated March 1, 2019.