Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "Client") and Xtream AI ("we", "us", "our", "Xtream AI", or "the Company"), governing your access to and use of the Xtream AI Streaming Engine software ("Software"), the website located at xtreamai.net ("Website"), and all related services.

By creating an account, purchasing or activating a license (whether paid or free), downloading the installer, or installing the Software on any server, you expressly acknowledge that you have read, understood, and agree to be legally bound by these Terms in their entirety. If you do not agree to any provision of these Terms, you must immediately cease all use of the Software and our services.

These Terms apply equally to paid and free licenses. The use of a free license does not exempt the User from any obligation set forth herein.

2. Nature of the Software — Neutral Technology

Xtream AI Streaming Engine is a general-purpose, content-neutral, server-side streaming management software. It enables the processing, transcoding, multiplexing, and delivery of multimedia streams over IP networks. The Software is installed, configured, and operated entirely on infrastructure owned, leased, or controlled by the User.

The Software is designed and marketed exclusively for lawful use. Its capabilities are inherent to any media server technology and do not target, facilitate, encourage, or promote any unlawful activity. The existence of users who may misuse any technology does not alter the lawful nature of the technology itself.

2.1 What the Software Does

• Receives multimedia input streams from sources configured by the User.
• Processes, transcodes, and repackages streams into various delivery formats (HLS, DASH, RTMP, etc.).
• Delivers processed streams to end-user devices through standard network protocols.
• Provides a management interface for the User to configure and monitor their streaming infrastructure.

2.2 What the Software Does NOT Do

• Does NOT provide, supply, generate, produce, aggregate, host, or distribute any audio, video, television, radio, or multimedia content of any kind.
• Does NOT include, contain, or provide any functionality to decode, decrypt, descramble, circumvent, bypass, defeat, or otherwise interfere with any Digital Rights Management (DRM) system, Conditional Access System (CAS), encryption protocol, content scrambling system, or any other technological protection measure.
• Does NOT provide access to, or facilitate the acquisition of, any streaming signals, television channels, radio stations, video-on-demand catalogs, or any other protected or copyrighted content.
• Does NOT store or cache User content on any server owned or controlled by Xtream AI.
• Does NOT act as an intermediary, host, or distributor of any User content at any point.

3. Technical Separation — No Access to User Content

Xtream AI operates under a model of complete technical separation from User operations. This is a fundamental architectural principle of our service:

• The Software runs entirely on servers owned, leased, or controlled by the User. Xtream AI has no access, direct or indirect, to the User's servers, content, databases, configurations, stream sources, or end-user data.
• Our license server validates license keys and delivers software updates. It does not receive, process, transmit, store, or have any visibility into the nature or content of the streams that Users manage with the Software.
• We have no technical mechanism to monitor, inspect, intercept, filter, or identify what content a User is processing through the Software.
• We do not maintain logs, records, or metadata regarding the content that Users process, the stream sources they configure, or the end-users they serve.

4. User Representations and Warranties

By creating an account and/or activating a license, you expressly represent, warrant, and covenant to Xtream AI that:

1. You are of legal age and have the legal capacity to enter into a binding agreement in your jurisdiction.
2. You will only use the Software to process, manage, and deliver content for which you hold all necessary rights, licenses, permits, and authorizations required under applicable law in every jurisdiction where such content is made available.
3. You will not use the Software to retransmit, redistribute, or make available any content protected by copyright, broadcast rights, or other intellectual property rights without the express authorization of the rights holder(s).
4. You will not use the Software to circumvent, defeat, bypass, or interfere with any content protection measure, DRM system, conditional access system, or any other technological protection measure, whether or not such functionality exists in third-party software or hardware used in conjunction with the Software.
5. You are solely responsible for complying with all applicable laws and regulations in your jurisdiction, including but not limited to copyright law, broadcasting and telecommunications regulations, data protection and privacy laws (including GDPR where applicable), consumer protection laws, and any sector-specific regulations applicable to your operations.
6. You understand that Xtream AI has no ability to verify the nature of the content you process and that this responsibility rests entirely and exclusively with you.
7. You will maintain appropriate records of your content licenses and authorizations and will make them available to the relevant authorities upon lawful request.
8. Any information you provide to Xtream AI during registration or at any other time is truthful, accurate, and not misleading.

Any breach of these representations constitutes a breach of these Terms and grounds for immediate license termination without refund. False representations may also expose you to legal liability under applicable law.

5. Disclaimer of Liability for User Content and Conduct

5.1 No Liability for User Content

By using the Software, you acknowledge and agree that:

• Xtream AI has no knowledge of, no control over, and no responsibility for the content that Users process using the Software.
• Xtream AI does not and cannot monitor, review, pre-screen, approve, endorse, verify, or control any User content, as we have no technical access to User servers or their content.
• The User is the sole and exclusive party responsible for all content they process, store, transmit, or distribute using the Software, including its legality, licensing status, copyright compliance, and regulatory conformity in every applicable jurisdiction.
• Xtream AI shall not be held liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from any User's content or their use of the Software, regardless of whether such use is authorized or unauthorized, lawful or unlawful.

5.2 No Liability for Third-Party Actions

Xtream AI shall not be held responsible for:

• Any illegal activity conducted by any User, including but not limited to copyright infringement, unauthorized retransmission of protected content, or violation of broadcasting regulations.
• Any claims, actions, or proceedings brought by third parties (including rights holders, regulatory authorities, or law enforcement) against any User or arising from any User's operations.
• Any downstream use, redistribution, or consumption of content processed by any User through the Software.

5.3 Analogous Legal Position

Xtream AI's legal position is analogous to that of other technology providers that supply general-purpose tools capable of both lawful and unlawful uses. By way of illustration and not limitation:

• A server operating system vendor (e.g., Canonical/Ubuntu, Red Hat) is not liable for content hosted on servers running their OS.
• A web server software provider (e.g., Nginx, Apache) is not liable for websites served through their software.
• A video transcoding tool provider (e.g., FFmpeg) is not liable for content processed by users of their tool.
• A cloud infrastructure provider (e.g., AWS, Google Cloud) is not liable for all workloads running on their infrastructure.

Similarly, Xtream AI, as a provider of streaming management software, is not liable for the content that Users choose to process using the Software.

6. Prohibited Uses

You agree that you will not, and will not permit any third party to, use the Software to:

• Distribute, retransmit, rebroadcast, or make available any content for which you do not hold the necessary licenses, rights, permits, or authorizations from the applicable rights holders.
• Infringe upon any third party's intellectual property rights, including copyrights, trademarks, patents, trade secrets, or neighboring rights.
• Circumvent, bypass, remove, deactivate, descramble, decrypt, or otherwise defeat any content protection technology, Digital Rights Management (DRM) system, Conditional Access System (CAS), or any other technological protection measure.
• Transmit content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable under applicable law.
• Engage in any activity that violates applicable broadcasting, telecommunications, spectrum allocation, or data protection regulations.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software by any means.
• Redistribute, sublicense, rent, lease, resell, or transfer the Software, your license key, or access to the Software to any third party without prior written authorization from Xtream AI.
• Use the Software in a manner that disrupts, overloads, damages, or impairs any server, network, computer system, or service.
• Remove, alter, or obscure any proprietary notices, labels, or marks on or in the Software.
• Use the Software to engage in any form of fraud, money laundering, financing of terrorism, or any other criminal activity.

7. Anti-Piracy Policy

Xtream AI discourages any misuse of its Software and designs, develops, and markets the Software exclusively for lawful purposes.

7.1 Our Position

• The Software is designed, developed, and marketed exclusively for lawful purposes.
• We do not market, advertise, promote, or position the Software as a tool for piracy, unauthorized retransmission, or any form of copyright infringement.
• We do not provide technical support, documentation, tutorials, or assistance for any use of the Software that violates these Terms or applicable law.
• We do not develop, include, or distribute any feature, tool, module, or functionality intended to circumvent content protection technologies.

7.2 No Enforcement Role

Due to the technical architecture described in Section 3, Xtream AI has no ability to monitor, detect, inspect, or identify the content that Users process with the Software. Xtream AI does not operate as a content moderator, enforcement body, or intermediary between rights holders and Users.

Xtream AI reserves the right to revoke any software license at any time, for any reason or no reason, at its sole discretion. However, this right does not create any obligation for Xtream AI to investigate, evaluate, or act upon complaints, reports, or notices from any third party.

Any party with concerns about content being processed by a User of the Software should direct those concerns to the entities that have actual control over the content, as described in Section 19.

8. Cooperation with Law Enforcement and Regulatory Authorities

Xtream AI fully cooperates with law enforcement agencies, judicial authorities, and regulatory bodies in accordance with applicable law:

• We will respond to lawful requests for information (subpoenas, court orders, search warrants, or equivalent legal instruments) in a timely manner and in accordance with the applicable legal framework.
• Upon valid legal process, we may disclose account registration information (email, registration date, IP addresses used for registration, license details, and payment records) to the extent such information is available to us.
• We terminate licenses of Users identified in valid legal orders as engaging in unlawful activity when such orders are brought to our attention.
• We maintain records of license activations, account registrations, and support interactions for a reasonable period to facilitate lawful investigations.

Users acknowledge and agree that Xtream AI may cooperate with authorities without prior notice to the User if required by law or legal process.

9. Indemnification

You agree to fully indemnify, defend, and hold harmless Xtream AI, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings (whether civil, criminal, administrative, or investigatory), damages, judgments, settlements, fines, penalties, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees, expert fees, court costs, and costs of investigation) arising from, related to, or in connection with:

1. Your use of the Software, whether such use is authorized or unauthorized, lawful or unlawful.
2. Any content you process, store, transmit, distribute, or make available using the Software.
3. Any violation or alleged violation of these Terms by you or anyone accessing the Software through your account or license.
4. Any violation or alleged violation of any applicable law, regulation, or third-party right (including intellectual property rights) by you or anyone accessing the Software through your account or license.
5. Any claim by any third party (including rights holders, regulatory authorities, end-users, or other parties) arising from your operations or your use of the Software.
6. Any legal proceedings, investigations, or regulatory actions brought against any Indemnified Party as a result of, or in connection with, your use of the Software or your operations.

This indemnification obligation shall survive the termination or expiration of these Terms, your account, or your license, and shall apply regardless of whether Xtream AI has been negligent or is otherwise at fault.

Xtream AI reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully with our defense of such claims.

10. License Grant

Subject to your compliance with these Terms and payment of applicable fees, Xtream AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on the number of servers specified in your license plan, for the duration of the license period.

• Each license is tied to the specific server IP address(es) registered during installation.
• You may not share, transfer, resell, lease, or sublicense your license key or access to the Software to any third party.
• The license grants you no ownership interest in the Software, its source code, or any associated intellectual property.
• Free licenses are subject to the same Terms and may be revoked at any time at our sole discretion without notice.
• The license is conditioned upon your continued compliance with all provisions of these Terms, including Sections 4 and 6. Any breach automatically terminates the license.

11. Right to Verify Compliance

Xtream AI reserves the right to verify that your use of the Software complies with these Terms. This may include:

• Requesting that you provide written certification of your compliance with these Terms, including confirmation that you hold the necessary content licenses and authorizations for your operations.
• Requesting documentation evidencing your right to distribute content processed through the Software.
• Revoking your license if you fail to provide reasonable compliance certification within thirty (30) days of a written request.

This right is entirely discretionary. It does not impose any obligation on Xtream AI to monitor, audit, or verify User content or operations at any time. The failure or decision not to exercise this right shall not constitute negligence, acquiescence, waiver, or acceptance of any User's activities, and shall not create any liability for Xtream AI under any circumstances.

12. Payment and Refunds

• All payments are processed in cryptocurrency (Bitcoin). Prices are displayed in USD and converted at the market rate at the time of transaction.
• Due to the nature of cryptocurrency transactions, all sales are final and non-refundable once the payment has been confirmed on the blockchain.
• Account balances are non-transferable and non-refundable.
• Xtream AI reserves the right to change pricing at any time. Existing active licenses will not be affected by price changes until renewal.
• Licenses terminated due to violation of these Terms are not eligible for any refund.

13. No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Xtream AI does not warrant that:

• The Software will meet your specific requirements or expectations.
• The Software will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the Software will be accurate, reliable, or complete.
• Any defects or errors in the Software will be corrected.
• The Software will be compatible with any specific third-party hardware, software, or services.
• The Software will not cause data loss, corruption, or damage to your servers, systems, or infrastructure.
• The Software is free from security vulnerabilities or that it will protect your systems from unauthorized access.

YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SOFTWARE. You are solely responsible for maintaining backups of your data and for ensuring the security and integrity of your own infrastructure. Xtream AI shall not be responsible for any damage to your servers, data, systems, or business operations arising from the installation or use of the Software.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XTREAM AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS, LOSS OF USE, COST OF REPLACEMENT SERVICES, SERVER DOWNTIME, DATA CORRUPTION, SECURITY BREACHES, OR INFRASTRUCTURE DAMAGE, ARISING FROM OR RELATED TO:

• Your use of or inability to use the Software.
• Any defects, bugs, errors, vulnerabilities, or security flaws in the Software.
• Any interruption, suspension, or termination of the Software or the license server.
• Any revocation or suspension of your license, whether or not justified.
• Any unauthorized access to or alteration of your data, servers, or systems.
• Any third-party claims arising from your use of the Software.

THE FOREGOING APPLIES REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE) AND WHETHER OR NOT XTREAM AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XTREAM AI'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS, THE SOFTWARE, OR YOUR USE THEREOF — INCLUDING BUT NOT LIMITED TO CLAIMS FOR DIRECT DAMAGES, INDIRECT DAMAGES, OR ANY OTHER FORM OF RELIEF — SHALL BE ZERO (US$0.00). YOU EXPRESSLY WAIVE ANY RIGHT TO MONETARY DAMAGES, COMPENSATION, RESTITUTION, OR REMEDY OF ANY KIND FROM XTREAM AI.

IN JURISDICTIONS THAT DO NOT ALLOW A COMPLETE EXCLUSION OF LIABILITY, XTREAM AI'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE LESSER OF: (A) THE AMOUNT YOU ACTUALLY PAID TO XTREAM AI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) TEN US DOLLARS (US$10.00).

The limitations and exclusions in this Section apply regardless of the theory of liability, even if any remedy provided herein fails of its essential purpose, and even if Xtream AI has been advised of the possibility of such damages. You acknowledge that the fees paid for the Software reflect this allocation of risk and that Xtream AI would not provide the Software without these limitations.

15. Intellectual Property

All intellectual property rights in and to the Software, including but not limited to the source code, object code, algorithms, architecture, user interface, design, documentation, branding, trademarks, logos, and trade secrets, are and shall remain the exclusive property of Xtream AI.

Nothing in these Terms grants you any right, title, or interest in any intellectual property of Xtream AI beyond the limited license expressly granted in Section 10.

16. Privacy and Data

• We collect your email address, name, and server IP address(es) for account management and license enforcement purposes.
• Payment transactions are processed via third-party cryptocurrency payment providers. We do not store your cryptocurrency wallet addresses or private keys.
• We do not collect, access, process, store, or have any visibility into the content you transmit through the Software. The Software operates entirely on your infrastructure, outside of our technical reach.
• Server IP addresses are used solely for license validation and are not shared with third parties except as required by law or legal process.
• We may retain account and license records for a reasonable period after account termination to comply with legal obligations and facilitate lawful investigations.

17. Account Security

You are responsible for maintaining the confidentiality of your account credentials and license keys. You are liable for all activities that occur under your account or through your license, whether or not authorized by you. You must notify us immediately at [email protected] of any unauthorized use of your account or any security breach.

18. Termination

• Xtream AI may terminate or suspend your license and access to the Software immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.
• Upon termination, you must immediately cease all use of the Software and destroy all copies in your possession or control.
• Termination does not relieve you of any obligations incurred prior to termination, including payment obligations and indemnification duties.
• The following Sections shall survive termination of these Terms: 2, 3, 4, 5, 6, 7, 8, 9, 13, 14, 15, 19, 20, and 21.

19. Legal Position and Safe Harbor

19.1 Xtream AI's Legal Position

Xtream AI acts exclusively as a software vendor and licensor. We do not host, store, cache, transmit, relay, control, or have access to any User content at any time. As such:

• Xtream AI's relationship to User content is more remote than that of a hosting provider, an ISP, or a content delivery network. We are a provider of a software tool that Users install on their own infrastructure. We do not operate, manage, or have access to User infrastructure.
• Under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and equivalent safe harbor provisions in other jurisdictions, Xtream AI does not have actual knowledge of infringing material on User-controlled systems and does not receive a financial benefit directly attributable to infringing activity that it has the right and ability to control.
• Under the European Union E-Commerce Directive (2000/31/EC), Articles 12-15, and its implementation in EU Member States (including the Digital Services Act where applicable), Xtream AI does not exercise editorial control over User content, has no general obligation to monitor User activity, and does not have actual knowledge of illegal activity on User-controlled systems.

19.2 Important Limitation — What Xtream AI Can and Cannot Do

Rights holders seeking the removal of infringing content should direct their takedown requests to:

1. The operator of the server (the Xtream AI User who controls the content).
2. The hosting provider or datacenter that provides the server infrastructure to the User.
3. The upstream network provider that provides connectivity to the User's server.

Xtream AI does not voluntarily provide User information to third parties. Account and license information may only be disclosed pursuant to valid legal process (court orders, subpoenas, or equivalent legal instruments) as described in Section 8.

19.3 Misdirected Notices — Xtream AI Is Not the Appropriate Recipient

Xtream AI is not a hosting provider, Internet Service Provider (ISP), content delivery network, or intermediary of any kind. We do not host, store, cache, transmit, relay, or have access to any User content. Therefore:

• Copyright infringement notices, takedown requests, DMCA notices, and similar claims directed at Xtream AI are misdirected. Xtream AI cannot remove, block, disable access to, or otherwise act upon any content because we do not host or control any content.
• Rights holders and their representatives seeking the removal of allegedly infringing content must direct their requests to the appropriate party, which may include:
  1. The operator of the server where the content is hosted (the individual or entity that installed and operates the streaming infrastructure).
  2. The hosting provider or datacenter that provides the server infrastructure.
  3. The Internet Service Provider (ISP) that provides network connectivity to the server.
  4. Any other entity that has actual custody, control, or access to the content in question.

Xtream AI is none of the above. We are a software vendor. We sell a software license. The software is installed and operated entirely by the User on infrastructure that we do not own, control, or have access to.

19.4 Notices Received by Xtream AI

If Xtream AI receives a copyright infringement notice, takedown request, or similar communication despite the above, Xtream AI has no obligation to:

• Forward, relay, or communicate the notice to any User.
• Act as an intermediary or mediator between the reporting party and any User.
• Investigate, verify, or evaluate the claims made in the notice.
• Respond to the reporting party within any specific timeframe, or at all.
• Take any action against any User's license based solely on a third-party notice.

Xtream AI may, at its sole and absolute discretion, choose to revoke a User's software license if Xtream AI independently determines that doing so is appropriate. Such determination, if any, shall be made entirely at Xtream AI's discretion, without any obligation to justify, explain, or communicate its reasoning to any party. The decision to act or not act on any notice shall not create any liability, duty, or obligation towards the reporting party, the User, or any third party.

19.5 No Role as Intermediary

For the avoidance of doubt:

• Xtream AI does not operate a notice-and-takedown system because we are not a hosting provider and have no content to take down.
• Xtream AI does not mediate, arbitrate, or facilitate the resolution of disputes between rights holders and Users, or between any third parties.
• Xtream AI does not act as a communication channel between rights holders and Users. Parties seeking to resolve disputes must do so directly with each other or through the appropriate legal channels and the appropriate service providers (hosting, ISP, datacenter) that have actual control over the content.
• Xtream AI will comply with valid legal process (court orders, subpoenas, or equivalent legal instruments) as described in Section 8, but voluntary third-party notices do not constitute legal process.

19.6 No Obligation to Act

Nothing in this Section creates any obligation for Xtream AI to:

• Investigate or verify the claims made in any notice.
• Act within any specific timeframe.
• Suspend or revoke any User's license based solely on a third-party notice without valid legal process.
• Monitor, filter, or inspect User content or activity at any time.
• Mediate, arbitrate, or resolve disputes between rights holders and Users.

Xtream AI's decision to act or not act on any notice shall be at its sole discretion and shall not create any liability towards any party. Xtream AI is not a court of law and does not adjudicate copyright disputes.

20. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Xtream AI is established, without regard to its conflict of law principles.

Any dispute, claim, or controversy arising from or relating to these Terms, or the breach, termination, or validity thereof, shall be resolved as follows:

1. Negotiation: The parties shall first attempt to resolve any dispute through good-faith negotiation for a period of thirty (30) days following written notice of the dispute.
2. Arbitration: If negotiation fails, the dispute shall be resolved through final and binding arbitration administered in accordance with the rules of an internationally recognized arbitration body, in the jurisdiction where Xtream AI is established. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Each party shall bear its own costs of arbitration. In the event that the User initiates a dispute against Xtream AI and does not prevail, the User shall be responsible for all of Xtream AI's reasonable attorneys' fees, expert fees, and costs incurred in defending such dispute. Under no circumstances shall Xtream AI be required to pay the User's legal fees or costs, regardless of the outcome.

20.1 Individual Disputes Only — Class Action and Jury Waiver

ALL DISPUTES BETWEEN YOU AND XTREAM AI MUST BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. You agree that:

• Class Action Waiver: You waive any right to participate in, initiate, or be a member of any class action, collective action, consolidated action, representative action, or private attorney general action against Xtream AI. All claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
• Jury Trial Waiver: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND XTREAM AI EACH IRREVOCABLY WAIVE THE RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SOFTWARE, OR YOUR USE THEREOF.
• No Consolidation: No arbitration or legal proceeding may be joined, consolidated, or combined with another arbitration or legal proceeding involving any other User or party, unless all parties agree in writing.

If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have NOT agreed to arbitrate disputes. In such event, the dispute shall be resolved by a court of competent jurisdiction in the jurisdiction where Xtream AI is established, and both parties consent to the exclusive jurisdiction of such courts.

21. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties. If such modification is not possible, the provision shall be severed from these Terms. In either case, all remaining provisions shall continue in full force and effect and shall not be affected, impaired, or invalidated in any way.

The invalidity of any provision in one jurisdiction shall not affect the validity of that provision in any other jurisdiction.

22. Entire Agreement

These Terms, together with any policies or documents expressly incorporated by reference herein, constitute the entire agreement between you and Xtream AI with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Xtream AI's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

23. Modifications to These Terms

Xtream AI reserves the right to modify these Terms at any time. Changes will be effective upon posting the updated Terms on the Website with a revised "Last updated" date. Material changes may be communicated to registered Users via email.

Your continued use of the Software after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree with any modification, you must discontinue use of the Software.

24. Contact

For any questions regarding these Terms of Service or your license, please contact us at:

Email: [email protected]
Website: https://xtreamai.net