// Terms of use

TERMS OF USE & LICENCE AGREEMENT

These terms of use and license agreement create a contract between You and TYXIT SA (the “Agreement”).

Publication Date: March 18, 2022 – Effective Date: March 18, 2022 – These Terms and Conditions supersede all previous versions.

PLEASE READ THIS TERMS OF USE CAREFULLY BEFORE USING THE TYXIT SOFTWARE. BY USING THE TYXIT SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF USE.
 
THIS ALPHA VERSION IS STRICTLY PERSONAL AND SHOULD NOT BE SHARED. 
 
IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT INSTALL AND/OR USE THE SOFTWARE.
 
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.
 

TABLE OF CONTENT

  1. Scope of the Agreement
  2. Grant of the Agreement
  3. Account
  4. User conduct
  5. Chat and video chat
  6. Children accessibility
  7. Restrictions on use
  8. Limitation of liability
  9. Warrants and representation
  10. Intellectual property and copyright
  11. Terms and terminations
  12. Breach of these terms
  13. Privacy
  14. Force majeure
  15. Governing law
  16. Miscellaneous
  17. Changes of these terms
  18. Acceptance
  19. Notice

1 – SCOPE OF THE AGREEMENT

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.

2 – GRANT OF THIS AGREEMENT

2.1. 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 – ACCOUNT

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 – USER CONDUCT 

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:

  1. that is or could reasonably be considered unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
  2. 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;
  3. that is likely to incite violence, racial or ethnic hatred, or is viewed as such;
  4. 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);
  5. which infringes any intellectual property right or other proprietary right of others;
  6. which consists of any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation;
  7. 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:

  1. use our Services to harm anyone, cause offense or to harass any person;
  2. use our Services to show or suggest any nudity, sexual, sexual violation, sexual games, or sexual exploitation Content;
  3. use another person or entity’s email address in order to sign up to use our Services;
  4. 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);
  5. use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
  6. remove or amend any proprietary notices or other ownership information from our Software or any other part of our Services;
  7. interfere with or disrupt our Services, servers, or networks that provide our Services;
  8. 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;
  9. ‘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;
  10. disrupt the normal flow of a video session;
  11. 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: moderation@tyxit.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 – CHAT AND VIDEO CHAT

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:

  1. content that is transmitted or viewed while using the Services,
  2. 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.

5.2. Our Software includes functionality that may allow You to participate in text and/or video chat with other users. You may be able to:

  1. participate in video chat with Your contacts through the Software;
  2. participate in text chat with other players;
  3. 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.

5.3. 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.

6 – CHILDREN ACCESSIBILITY

6.1. 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.

7 – RESTRICTION ON USE 

User  shall :

  1. not copy the Software in any way possible,
  2. not reverse engineer, decompile or disassemble the Software,
  3. 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 – LIMITATION OF LIABILITY

 

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 – WARRANTS AND REPRESENTATION 

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 – INTELLECTUAL PROPERTY AND COPYRIGHT

10.1. Title and intellectual property rights in and to any Content displayed by or accessed through the Software belongs to the respective Content owner. This Content may be protected by copyright or other intellectual property laws, and may be subject to the terms of use of the third party providing the Content.

10.2. 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.

10.3. 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 iprights@tyxit.com

11 – TERMS AND TERMINATION

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.

12 – BREACH OF THESE TERMS 

12.1. 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.

13 – PRIVACY

13.1. Use of the Services is also subject to Tyxit’s Privacy Policy, a link to which can be found by selecting “Privacy Policy” in the footer of the Tyxit website. The Privacy Policy, and any policies noted on www.tyxit.com are incorporated into this Agreement by this reference.

14 – FORCE MAJEURE

 14.1. 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.

15 – GOVERNING LAW

15.1. 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 – MISCELLANEOUS

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 – CHANGE TO THESE TERMS

17.1. You can find these terms at any time by visiting https://tyxit.com/terms-of-use.

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.

18 – ACCEPTANCE

18.1. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the User (“Acceptance”) upon execution of this Agreement.