Terms of Service

1. Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Account Registration

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.

• Maintain the security of your account credentials and not share them with others.

• Notify us immediately at info@xymbia.com if you suspect unauthorized access to your account.

You are responsible for all activity that occurs under your account.

3. Use of the Service

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. Your use of the Service is also subject to our Acceptable Use Policy.

4. Subscriptions and Payments

Certain features of the Service require a paid subscription. If you purchase a subscription:

• You agree to pay all applicable fees and taxes as described at the time of purchase.

• Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge the applicable renewal fee to your payment method on file.

• Payments processed through the Apple App Store or Google Play Store are subject to the terms and refund policies of the respective platform. Payments processed through our website are subject to the terms of our payment processor.

• We may change subscription pricing with at least 30 days' advance notice. Price changes take effect at the start of your next billing period following the notice.

• If payment fails or your account becomes delinquent, we may suspend access to paid features until payment is resolved.

5. Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to provide advance notice of material changes that affect paid subscribers. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

6. Intellectual Property

The Service and its original content, features, and functionality are owned by Xymbia Ventures Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

7. User Content

You retain ownership of content you create or upload through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your User Content solely for the purpose of providing, maintaining, and improving the Service. We will not use your User Content for advertising purposes without your consent.

You represent that you have all necessary rights to submit your User Content and that it does not violate any third-party rights or applicable laws.

8. Copyright and DMCA

We respect the intellectual property rights of others. If you believe that content on the Service infringes your copyright, please send a notice to our designated agent at info@xymbia.com with the following information:

• A description of the copyrighted work you claim has been infringed.

• A description of where the infringing material is located on the Service.

• Your contact information (name, address, telephone number, and email).

• A statement that you have a good faith belief that the use is not authorized by the copyright owner.

• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

• Your physical or electronic signature.

We may terminate the accounts of users who are repeat infringers.

9. Scheduling and Calendar Services

The Service includes scheduling, calendar, and task management features. You acknowledge and agree that:

• We are not responsible for missed appointments, scheduling conflicts, or errors arising from notification delivery failures, time zone conversions, or daylight saving time transitions.

• If you connect third-party calendar services (such as Google Calendar or Apple Calendar) to the Service, we are not responsible for data loss, sync failures, or errors originating from those third-party services.

• If you use public booking or scheduling links, you acknowledge that your availability information may be visible to invitees and other participants.

10. Beta and Preview Features

We may offer beta or preview features that are still under development. These features are provided "as is" without any warranties. We may collect additional usage data from beta features and may modify or discontinue them at any time without notice.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including for violations of these Terms or our Acceptable Use Policy. Upon termination:

• Your right to use the Service ceases immediately.

• You are responsible for exporting any User Content you wish to retain before your account is closed.

• We may delete your account and associated data in accordance with our Privacy Policy.

You may delete your account at any time through the Service or by visiting our account deactivation page.

Sections 6, 7, 8, 13, 14, 15, 16, and 17 survive termination of these Terms.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XYMBIA VENTURES INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use of or inability to use the Service.

• Any unauthorized access to or alteration of your data.

• Any third-party conduct on the Service.

• Any missed appointments, scheduling errors, or notification failures.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Indemnification

You agree to indemnify and hold harmless Xymbia Ventures Inc. and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of your use of the Service, your User Content, or your violation of these Terms.

16. Dispute Resolution and Arbitration

a. Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at info@xymbia.com and attempt to resolve the dispute informally for at least 60 days.

b. Binding Arbitration

If we cannot resolve the dispute informally, you and Xymbia Ventures Inc. agree to resolve any claims relating to these Terms or the Service through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in Wilmington, Delaware, or at another mutually agreed location. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

c. Class Action Waiver

YOU AND XYMBIA VENTURES INC. AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

d. Opt-Out

You may opt out of this arbitration provision by sending written notice to info@xymbia.com within 30 days of creating your account. Your notice must include your name, account email address, and a clear statement that you wish to opt out of arbitration.

e. Exceptions

Either party may bring claims in small claims court if the claims qualify. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware.

18. Notice Regarding Apple

If you access the Service through an application downloaded from the Apple App Store, you acknowledge and agree that:

• These Terms are between you and Xymbia Ventures Inc. only, and not with Apple Inc. ("Apple"). Xymbia Ventures Inc., not Apple, is solely responsible for the Service and its content.

• Apple has no obligation to provide any maintenance or support services for the Service.

• In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Service.

• Apple is not responsible for addressing any claims by you or any third party relating to the Service, including product liability claims, regulatory compliance, or intellectual property infringement claims.

• In the event of any third-party claim that the Service or your use of the Service infringes a third party's intellectual property rights, Xymbia Ventures Inc., not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.

• Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

• You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

19. Notice Regarding Google Play

If you access the Service through an application downloaded from the Google Play Store, you acknowledge that these Terms are between you and Xymbia Ventures Inc. only, and not with Google LLC. Google has no obligation or liability to you with respect to the Service or these Terms. Purchases made through Google Play are subject to Google Play's terms of service, including its refund policies.

20. California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210, in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

21. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Service or via email at least 14 days before the changes take effect. Your continued use of the Service after the effective date of the changes constitutes your acceptance of the updated Terms.

22. General Provisions

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Xymbia Ventures Inc. regarding the Service.

23. Contact Us

If you have any questions about these Terms of Service, please contact us at:

Xymbia Ventures Inc.
Email: info@xymbia.com
Website: www.xymbia.com