Terms of Services

Thank you for choosing XQSeat. As used in this Terms of Services, “XQSeat”, “us” and “we” refers to XQSeat Inc, a US company with head office in New York, NY.

Please read XQSeat’ terms of services carefully as they contain important information regarding your legal rights and obligations as a customer. These include various limitations and exclusions and a binding arbitration agreement and class action waiver.

The following terms govern your use of all XQSeat services irrespective of the format. Please ensure to check regularly for updates to these terms of services. Your use of XQSeat services indicate that you agree to the terms outlined in this legal document. Your continued use of our services also mean you are agreeing to any updates that might be made to these terms of services. If you do not agree with any of these terms, please do not use any of the XQSeat services.

Overview

This website is developed and being run by XQSeat. Therefore, this agreement is between you (“you” or “User” or “Client”) and XQSeat. We provide access to this website, containing all services, information, and tools available to users, conditioned upon the acceptance of all terms and conditions stated below.

By signing up to use the XQSeat app or services, you assent that you have read, are entitled, on behalf of yourself or your organization, to concur on, and do hereby accept on, the terms presented below.

Intellectual Property Right

XQSeat owns all present and future Intellectual Property Rights including, but not limited to, any files, images incorporated in or generated, and data accompanying the services, collectively defined the “Software”. This refers to all non-tangible assets and any corresponding property rights under the laws of any jurisdiction including but not limited to creative works, designs, symbols, literary and artistic works, images, trade secrets, proprietary data, like customer lists and all products developed in whole or in part by XQSeat. We may change the services or delete content or features at any time, in any way, for any or no reason.

Except if we specifically agree in writing, no content from any of our services may be copied, modified, used, reproduced, transmitted, distributed, or otherwise exploited in any way other than as part of the services.

Except if we specifically agree in writing, no content from any of our services may be copied, modified, used, reproduced, transmitted, distributed, or otherwise exploited in any way other than as part of the services. While you are using our services and software, we do not transfer the software title to you. You may not distribute or otherwise exploit the software or decompile, reverse engineer, disassemble or otherwise reduce the software to a human- readable form, sell, rent, distribute, disclose, permit access to, or transfer it to any third party.

Our Services

The registration to any XQSeat plans, either a free plan or a paid plan, will give you access to all the features and functions as outlined in the details of the plan. Any new feature upgrade to the plan will also be accessible to you at our discretion. This agreement only covers the current feature set per plan. XQSeat reserves the right to make changes to its services at any time without any prior information to users. However, users might receive information about any significant changes.

By using our services, you agree that you will not submit, upload, or write any content that:

  1. is defamatory, abusive, harassing, threatening, or an invasion of a privacy right of another person;
  2. is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity;
  3. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including content that is, or represents an attempt of harassment, theft, or conspiracy to commit any criminal activity;
  4. infringes or violates any right of a third party including right of privacy (specifically, you must not distribute another person’s personal information of any kind without their permission) or publicity or any confidentiality obligation;
  5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the services or any connected network, or otherwise interferes with any person or entity’s use;
  6. is not related to the use of our services, and by using our services you send unsolicited or spam messages.

By uploading content, you warrant that the content and your communication thereof conform to the requirements of these terms and that you own or have the necessary rights, licenses, consents, and permissions, without the need for any permission from or payment to any other person or entity, to exploit such content in all manners considered by these terms of services.

We reserve the right, but disclaim any obligation or responsibility, to refuse to post or remove any content from the services that violates these terms of services when we facilitate compliance with laws, including, for example, compliance with a court order, or help to protect the safety or security of any person or property, including our services. Moreover, we retain all rights to remove content at any time for any reason or no reason whatsoever.

We cannot and do not assure that other users are or will be complying with all or any of the provisions of these terms of services.

Access Levels and Fees

The current annual or monthly fees for the XQSeat paid plans are listed on the current pricing schedule. Full details of all subscription fees are available on the XQSeat website. We reserve the right to change these fees from time to time, at which time we will notify users through the XQSeat website, app, or newsletter. Your subscription to our services will be renewed automatically based on the specified payment schedule per calendar month.

We offer all prospective users a free plan. There will be no charges for the use of free plan if this plan exists as an option on the XQSeat platform. However, your free account on the system will be terminated after 3 months of inactivity (usage). We will also delete all data related to the inactive accounts.

XQSeat has a mission to support churches so our free plans are free forever. We may cancel this in the future, but this will only apply to new accounts, not to old active accounts. Your organization will be notified if this happens.

Both the free and paid plans come with a demo account. The demo account is valid for thirty days after which it would no longer be accessible.

Accounts

Our services require you to create an account. You agree to provide, maintain, and update true, accurate, current, and complete information about yourself. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, or image.

On registering for an account, you will be required to provide an email and choose a password for your account. You are entirely responsible for the security and confidentiality of your email and password and agree not to share these details with any person who is not authorized to use your account. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to our services. In addition, you agree to exit from your account at the end of each session.

We may suspend or terminate your account and your ability to use the services for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

Support and maintenance

XQSeat shall, at its discretion, provide you with standard support and maintenance with respect to requests made via appropriate platforms including email, online chat, and telephone only.

Data Processing

XQSeat is processing user’s data in accordance with our Privacy Policy and data privacy and protection applicable laws. If your church or ministry is EU based or subject to GDPR, we have set out a legal framework under which XQSeat processes Personal Data for your church or ministry to be GDPR compliant when transferring user’s data to us. We are providing the Data Processing Addendum (DPA) that covers all Services offered by XQSeat, and it comes in addition to these Terms of Services. Please read our DPA; by continuing to use our services you are agreeing to our DPA on behalf of your church or your ministry.

Security of Services

You acknowledge that XQSeat website, app, services, and software is run over the internet and that the internet is generally an insecure public network, which means that there are inherent risks thereof. However, we will take all possible steps that a responsible and competent provider of services such as XQSeat would be expected to take to maintain the security and integrity of all users’ data. Specifically, we will:

  1. take reasonable steps to ensure that XQSeat is secure from unauthorized access by implementing administrative, physical, and technical safeguards to protect your data in ways that are no less rigorous than accepted industry standards and security best practices.
  2. meet GDPR obligations in relation to data protection impact assessments, security of Processing and notification of Personal Data breaches.
  3. as soon as we become aware of any virus, malware, unauthorized access, or other harmful code that affects the services and software provided to you, immediately notify you and take all reasonable steps to tackle the problem, secure your content, remove the harmful code, as applicable, and take proactive steps to prevent future occurrences.

Disclaimer

The services are provided “as is” and without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including accuracy, completeness, availability, security, compatibility and noninfringement. We do not warrant that the services will be error-free, that access thereto will be uninterrupted, that defects will be corrected, or that any service are free of viruses or other harmful components. You hereby irrevocably waive any claim against us with respect to any information you provide to third party websites (including credit card and other personal information).

The Company will employ credible efforts to guarantee that the website and services are available 24 hours a day, 7 days a week. Upgrades, Maintenances, emergency repairs, and telecommunication failures may prohibit the availability of the website and services. Users agree that we are not going to be responsible for any incident that may happen to you or any other party for any discontinuance, suspension, amendment, or lack of availability of the website and the services.

Using the website through your mobile network means that terms of agreement with your mobile network provider will still apply. As a result, you may be charged for the cost of the connection by your mobile provider or any other third party. By using our app, you accept responsibility for such charges, including roaming data charges, if using our app outside your home country without turning off data roaming. If you are not the bill payer for the device on which you’re using our app, be aware that we assume you have received permission from the bill payer for using the app.

Under no circumstances, including negligence, shall we be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the services, or the conduct or actions, whether online or offline, of any user of the services or any other person or entity. In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you, if any, for accessing or participating in any activity related to the services. Moreover, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control.

Without prejudice to the generality of these terms of services, we:

  • do not warrant that the services or software or the website is/are fit for your purpose;
  • do not warrant that the software, services and website are free from errors;
  • do not warrant that the websites and/or services will be accessible without break downs.

You hereby agree to fully indemnify and hold harmless XQSeat for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to your use of the website or the services.

The limitations, exclusions, and disclaimers in this section and elsewhere in these terms of use apply to the maximum extent permitted by applicable law. We make no claim that website or services are appropriate or available for use in any location. Those who choose to access the services do so on their own initiative, agree to these terms of services and are responsible for compliance with all applicable laws, including any applicable local laws.

If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed dissociated from these terms of services and shall not affect the validity and enforceability of any remaining provisions.

Privacy

At XQSeat, we take your privacy very seriously and respect your data privacy and protection rights and recognize the importance of protecting the personal information we collect about you.

Please refer to our Privacy Policy to find out more about how we collect, use, store and disclose your personal information and what your rights are.

Cookies

We use cookies to provide our services and our software. Our cookies help us provide customer service and support, protect and secure our clients and ourselves, create statistics to improve our services, and offer the user a pleasant experience when accessing our app, by allowing features such as language options, saving registration data, etc.

These cookies are necessary for our services to work properly on our app; if you do not agree with the use of cookies on our app then do not use any of the XQSeat services.

We also use cookies on our website. The use of cookies does not involve personal data request and, in most cases, does not identify the users personally. For further information regarding the use of cookies on our website please read our Cokie Policy.

Changes to Terms and Services

Users can always review the most current version of the Terms of Service posted on this page. We solely have the right, at our own discretion, to change, replace or update any part of these Terms of Services by posting updates and changes to our website, app, or services. It is the responsibility of users to periodically check our terms for amendments. Your continued use of or access to our website, app, or services after the posting of any changes to these Terms of Services means your acceptance of those changes. Any changes to this Terms of Services will apply starting with the date on which it was made available, except the changes where your consent is expressly needed, in which case the changes will apply from the date of your consent.

Contact Information

If you have any questions or suggestions regarding our Terms and Conditions, you can contact us free of charge here. We will respond to your request as soon as possible, but not later than 30 days.