WE BRING NATURAl AUDIO SPEED
In the digital world
In the digital world
TYXIT masters studio quality audio communication at ultra low latency
Publication Date: 21.06.2022. Effective Date: 21.06.2022
These terms and Conditions supersede all previous versions.
THIS ALPHA VERSION IS STRICTLY PERSONAL AND SHOULD NOT BE SHARED.
Use of the Services requires one or more compatible devices and Internet access. Because use of the Services involves Software and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High-speed Internet access is recommended. You acknowledge and agree that system requirements, which may change from time to time, are Your responsibility.
In these terms references to “Tyxit SA ", "We", "Us" and "Our" are references to the Licensor.
In these terms references to “User",” You", and "Your" are references to the Licensee.
This Software is an Alpha version. Access to and use of Alpha versions may be subject to additional agreements. Tyxit SA does not assert that an Alpha version will ever be made generally available and reserves the right to discontinue or modify an Alpha version at any time without notice. Alpha versions are provided AS IS, may contain bugs, errors or other defects, and Your use of an Alpha version is at Your sole risk. The Software is intended for personal use only.
This Agreement (the “Agreement”) is between You and Tyxit SA, the company that owns the Software that You are accessing or using listed here.
1.1. This Agreement governs Your download of the Software. We do not provide any support and maintenance for the Software.
1.2. The License refers to a non-exclusive, non-transferable, personal, revocable limited license to access and/or use our services (but not the associated object and source codes) for Your personal and private use, in each case provided that such use is in accordance with these terms.
1.3. Tyxit SA has developed, and is entitled to license to the User, a computer program called : Tyxit (the “Software”), capable of running on Microsoft and Macintosh.
1.4. We refer to our website, Software and any other products or services offered by Tyxit SA and other services collectively as the "Services" in these terms.
1.5. The Software (including the source code) interfaces, Content, fonts and any data accompanying this Agreement, on disk, in read only memory, on any other media or in any other form are licensed, not sold, to You by Tyxit SA for use only under the terms of this Agreement. Tyxit SA retains ownership of the Software itself and reserves all rights not expressly granted to You. You agree that the terms of this Agreement will apply to this Software.
1.6. “Content” means any text, graphics, images, audio, video, and any other form of information.
1.7. “Account” means a unique Account created for You to access our Service or parts of our Service.
Tyxit SA hereby grants to the User, for the private and domestic use only, a revocable limited Agreement, non-transferable and non-exclusive Agreement to use the Software.
3.1. Your Account is personal to You and You are not entitled to transfer Your Account to any other person.
3.2. In some instances, You may be required to create an Account with Us when You use our Services. Creating an Account with Us means that You agree to take all steps necessary to protect Your log in details and keep them confidential.
3.3. Keeping Your Account and password confidential and restricting access to Your computer are solely Your responsibility. The use of Your Account login information by others means You agree to this Agreement on behalf of all those who use the Services with Your Account or password, and You are responsible for all activities that occur under that Account or password. Tyxit SA requires You to ensure that any information You provide to them during registration and at any other time is true, accurate, current, and complete to the best of Your knowledge.
3.4. Tyxit SA is not responsible to You for any loss that You suffer as a result of an unauthorized person accessing Your Account and/or using our Services and We accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
3.5. We reserve the right to delete Your Account (and all Your data) if no activity is conducted by You in relation to the Account for three (3) years. You will be noticed one (1) month before deletion.
3.6. You understand that if You delete Your Account, or if We delete Your Account in accordance with these terms, You may lose access to any data previously associated with Your Account.
3.7. Tyxit SA has the right to delete Your Account at any time and without notice and explanation. Your data will be deleted when Tyxit SA no longer needs it.
4.1. As a User of the Services in any capacity, You agree not to communicate, transmit or otherwise make accessible any Content or otherwise use the Services in any way:
a) that is or could reasonably be considered unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
b) that is or could reasonably be viewed as invasive of another's privacy or as violating any privacy rights, such as the registration of the voice or the image;
c) that is likely to incite violence, racial or ethnic hatred, or is viewed as such;
d) If it contains information that You are not legally allowed to share (such as insider information, information that belongs to someone else, or sensitive information);
e) which infringes any intellectual property right or other proprietary right of others;
f) which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation;
g) any Software or hardware that contains Software viruses or any other computer code, files, or programs designed to disrupt, destroy, or limit its functionality.
4.2. You agree that You will not:
a) use our Services to harm anyone, cause offense or to harass any person;
b) use our Services to show or suggest any nudity, sexual, sexual violation, sexual games, or sexual exploitation Content;
c) use another person or entity’s email address in order to sign up to use our Services;
d) use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent Your affiliation with a person, entity or our Services);
e) use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
f) remove or amend any proprietary notices or other ownership information from our Software or any other part of our Services;
g) interfere with or disrupt our Services, servers, or networks that provide our Services;
h) attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies, security measures or data transmitted, processed or stored by Us;
i) 'harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information;
j) disrupt the normal flow of a video session;
k) disobey any requirements or regulations of any network connected to our Services;
If You are concerned that Another User is not complying with any part of these terms, please contact Us here: email@example.com.
4.3. We do not control Content posted on our Services by other people and therefore We do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, You may be exposed to Content that You may consider offensive, indecent or objectionable. Under no circumstances will We be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
4.4. If We determine, at our sole discretion, that uploaded Content violates any of these terms or may bring Us or our Services into disrepute, We may remove it from our Services. However, You acknowledge that We do not actively monitor Content that is contributed by people that use our Services and We make no undertaking to do so.
4.5. The Content that You contribute will be used solely at Your own risk. Tyxit SA will not be liable for any loss or damage resulting from Content (Yours or another user's), including but not limited to defamation, harassment, or false endorsement claims.
5.1. Using the service, You agree that You are solely responsible for the Content displayed by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights.
Under no circumstances will TYXIT SA be liable in any way for any:
a) Content that is transmitted or viewed while using the Services,
b) Errors or omissions in the Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content.
We reserve the right to delete Content, at any time, without prior notice to You, if We consider that it violates this Agreement or any law. Content You submit, post, or display on or through the Services remains Your property, including any copyrights You hold.
Our Software includes functionality that may allow You to participate in text and/or video chat with other users. You may be able to:
a) participate in video chat with Your contacts through the Software;
b) participate in text chat with other players;
c) invite Your personal contacts to join a video chat through the Software. You must only invite people that have consented to receive such an invitation from You and who do not consider such messages unwanted or unsolicited.
5.2. You are responsible for compliance with all recording laws. You must not record any video chats if You don’t have the express consent of the User/Users.
You affirm that You are at least 16 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if We believe that You are under the age of 16 or are otherwise ineligible.
User shall :
a) not copy the Software in any way possible;
b) not reverse engineer, decompile or disassemble the Software
c) take all necessary and reasonable precautions to prevent others from using the Software in a manner that
would constitute a breach of this Agreement, including, without limitation, those precautions that User would otherwise take to protect its own software.
8.1. The Software is provided by Tyxit SA and accepted by the user “as is”. In no event will Tyxit SA be liable for any general, special, incidental, or consequential damages, including, but not limited to loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the user as a result of the use or inability to use the Software.
8.2. Tyxit SA makes no express or implied warranty that the Software is suitable or appropriate for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the user.
8.3. Tyxit SA does not warrant that use of the Software will be uninterrupted or error-free. The User accepts that Software in general is prone to bugs.
9.1. Tyxit SA warrants and represents that it is the copyright holder of the Software.
9.2. The user warrants and represents that granting this Agreement to use this Software is not in violation of any other agreement, copyright or applicable statute.
10.2. Tyxit SA does not grant You any rights to use such Content nor does it guarantee that such Content will continue to be available to you.
10.3. We grant You a non-exclusive, non-transferable, personal, revocable limited license to access and/or use our services (but not the associated object and source codes) for Your personal and private use, in each case provided that such use is in accordance with these terms. You agree not to use our services for any other purpose. These Terms also apply to any update or patch that We may release or make available for any of the Services and such update or patch shall be considered part of the Services for purposes of these Terms.
10.4. You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other Users of our Services. If You believe that Your intellectual property rights have been infringed by someone else over the internet, You may contact Us by emailing to firstname.lastname@example.org .
11.1. This Agreement shall be effective as of the Effective Date and shall continue until the expiration of all license terms, unless earlier terminated as provided herein.
11.2. Either party may terminate this Agreement promptly and unconditionally.
11.3. Upon expiration or termination of this Agreement, the license to the Software shall terminate (even if the License Term is identified as "perpetual.") The User must cease use and delete the Software. You will certify such removal upon our request.
Without limiting any other remedies or any other paragraph of this Agreement, if We reasonably believe that You are in material breach of this Agreement (including by repeated minor breaches), We reserve the right to take any of the following actions, individually or in combination, and with or without notice to delete or suspend Your Account.
It is agreed that neither party will be liable to the other if a delay or failure to perform an obligation under this Agreement is caused by an event beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or deterioration of power, telecommunications or data networks or services, or refusal of a license by a government agency.
This agreement shall be governed by and construed in accordance with Swiss law and each of the parties hereto submits to the non-exclusive jurisdiction of the Swiss courts.
16.1. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
16.2. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
16.3. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
17.2. Tyxit reserves the right to update these terms from time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because We change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if You do not accept any amendment to our terms then You shall immediately stop accessing and/or using our Services.
All terms, conditions and obligations of this Agreement will be deemed to be accepted by the User (“Acceptance”) upon execution of this Agreement.
Effective Date: February 11, 2022
TYXIT SA. (“us”, “we”, or “our”) operates the https://www.tyxit.com website (hereinafter referred to as the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
Why do We collect Your personal data ?
We collect several different types of information for various purposes to provide and improve Our Services to You.
While using our Service, in compliance with Article 13 of the GDPR, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You (“Personal Data”). Personally identifiable information may include, but is not limited to :
How can Tyxit contact you?
Tyxit will not send you personalized solicitations by email if you have not consented to them. There is an exception, the User without having given their prior consent, may however be contacted if they are already a customer of Tyxit and the purpose of the prospecting is to suggest similar products or services.
The User may in any case, can oppose the receipt of such solicitations by taking the following actions:
When creating the account, tick the boxes related to prospecting to “no”
By following the unsubscribe link in the footer of the emails We send.
By contacting us by email: email@example.com
We may also collect information on how the Service is accessed and used (“Usage Data”).
For what purpose do We collect this data?
We want to give you the best experience ! And to do so, We need to know, for example your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. This data allows us to improve the quality of our service.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a Website and stored on your device. Other tracking technologies can be also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.
The cookies are indicated by the banner that appears when the User connects to the site.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. HoWever, some cookies are essential. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Examples of Cookies we use:
TYXIT relies on legal justifications (each called a legal basis) to process your personal information to the extent permitted by data protection law. In order to help you understand the table, here is a general description of each “legal basis”:
Contractual execution: When Tyxit (or a third party) is required to process your personal data in order to: perform its contractual obligations to you. For example: To provide customer support.
Legitimate interest: When TYXIT (or a third party) wishes to use your Personal Data in a specific way, which is necessary and justified, taking into account any possible risks for you or other TYXIT users. For example, using your Usage Data to improve the TYXIT Service for all users.
Consent: When TYXIT requests your explicit consent to allow us to use your personal data for a certain purpose(s). For example, allowing us to send you our newsletter.
|Why do we use your personal data ?||What are our reasons and what are the legal bases|
|To provide and maintain our Service||Contractual execution|
|To notify You about changes to our Service||Contractual execution|
|To allow You to participatein interactive feature of our Service when You choose to do so||Contractual execution|
|To provide customer support||Contractual execution|
|To gather analysis or valuable information so that We can improve our Service||Legitimate interest of TYXIT in order to improve the quality of the service|
|To monitor the usage of our Service||Legitimate interest of TYXIT in order to improve the quality of the service|
|To detect, prevent and address technical issues||Legitimate interest of TYXIT in order to improve the quality of the service|
|To provide You with news, special offers and general information about other goods, services, events which We offer that are similar to those that You have already purchased or enquired about unless You have opted not to receive such information||Consent and Legitimate interest of TYXIT in order to improve the quality of the service|
We may also ask for your consent to process your personal information for a specific purpose that We communicate to you. When You consent to our processing your personal information for a specified purpose, You may withdraw your consent at any time and We will stop the processing of your data for that purpose.
TYXIT will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or We are legally obligated to retain this data for longer periods.
The Company processes your information, including Personal Data, at its operating offices and any other location where the parties involved in the processing are located. As a result, this information is likely to be transferred to and maintained on computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in Your jurisdiction.
In accordance with the regulations, TYXIT implements all the procedures required to obtain the necessary guarantees for the security of such transfers. The transfer of data outside the EU is governed by standard contractual clauses. You can access these clauses by contacting Us at the following address: firstname.lastname@example.org.
BUSINESS TRANSACTION S
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
OTHER LEGAL REQUIREMENTS
TYXIT may disclose your Personal Data in the good faith belief that such action is necessary to:
The security of your data is important to Us, We take all useful precautions to preserve the security and confidentiality of data and in particular to prevent them from being distorted, damaged, or accessed by unauthorized third parties. However, no method of transmission over the Internet or method of electronic storage is 100% secure. We cannot guarantee its absolute security.
Good online security requires a combination of practices by companies using Internet services and informed behavior by users. Below are some tips to follow to maximize your security when using our Services.
If You are a resident of the European Economic Area (EEA), You have certain data protection rights. TYXIT aims to take reasonable steps to allow You to correct, amend, delete or limit the use of your Personal Data.
In certain circumstances, You have the following data protection rights:
The deletion of your account and your data is done directly on your account or by contacting us at email@example.com.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist Us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 16.
Protecting the privacy of young Children is especially important. For that reason, TYXIT does not knowingly collect or maintain personal information from persons under 16 years-of-age. TYXIT will take appropriate steps to delete any personal information collected on or through Our Services if TYXIT learns that it has been collected by persons under 16 years of age.
IF YOU ARE UNDER 16 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE TYXIT SERVICES AT ANY TIME OR IN ANY MANNER.
If You are the parent or legal guardian of a Child under 16 who has become a TYXIT member, then please contact Us at firstname.lastname@example.org to have that child’s account terminated and personal information deleted.