All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services

Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

By submitting any User Content to the Website, excluding privately transmitted User Content, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such User Content in connection with the Website, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Website and/or the Services a non-exclusive, perpetual license to access any of your User Content that is available to such user on the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. By submitting any User Content to the Services other than on the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, and perform such User Content solely for the purpose of providing the Services. For clarity, the foregoing licenses granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that
(i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion,
(ii) you know is false, misleading, untruthful or inaccurate,
(iii) constitutes unauthorized or unsolicited advertising,
(iv) impersonates any person or entity, including any of our employees or representatives, or
(v) includes anyone's identification documents or sensitive financial information. Xongl Cloud may permit, in its sole discretion, adult websites that abide by state and federal law and regulation.

You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
(iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
(iv) run any form of auto-responder or "spam" on the Services;
(v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website;
(vi) harvest or scrape any Content from the Services;
(vii) use the Services for high risk activities including but not limited to the operation of nuclear facilities, air traffic control, life support systems, or any other use where the failure of service could lead to death, personal injury, or environmental damage; or
(viii) otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly):
(i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction,
(ii) modify, translate, or otherwise create derivative works of any part of the Services, or
(iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
(i) satisfy any applicable law, regulation, legal process or governmental request,
(ii) enforce these Terms of Service, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or technical issues,
(iv) respond to user support requests, or
(v) protect the rights, property or safety of us, our users and the public.

Subscribers are restricted from registering multiple Accounts with the same billing details without first notifying Xongl Cloud of that intent. Otherwise, Xongl Cloud shall have the right to automatically flag such Accounts as fraudulent or abusive, and Xongl Cloud may, without notification to the Subscriber of such Account, suspend the service of such Account or any other Account used by such Subscriber. The use of referral codes by multiple Accounts having the same billing profile is not allowed. Xongl Cloud also reserves the right to terminate a Subscriber's Account if it is targeted by malicious activity from other parties.

As a reward for being early adopters of the Services, Subscribers with grandfathered Accounts shall receive free bandwidth for the duration that such Account is operative and conducts its operations in compliance with these Terms of Service ("Grandfathered Accounts"). The free bandwidth may only be used directly by the Subscriber of such Grandfathered Account. Notwithstanding the foregoing, Subscribers of Grandfathered Accounts must NOT:
(i) run Torrents for download or Seed Servers, TOR, or services that include content of an adult or pornographic nature;
(ii) resell services through their Account to provide free bandwidth to other individuals; or
(iii) transfer the Account ownership to another individual or entity, or otherwise circumvent the intended fair usage of free bandwidth by distributing it freely to others. Failure of Subscribers of Grandfathered Accounts to follow these terms will result in the revocation of their Accounts' grandfathered status.

You may not use the Services to obtain information about or make decisions about anyone but yourself. You are solely responsible for any reliance by you on the Services or other use you make of the Services. Comments, suggestions or materials sent or transmitted to Xongl Cloud (collectively "Feedback"), shall be deemed to be non-confidential. Subject to the conditions described in Xongl Cloud's Privacy Policy, Xongl Cloud shall have no obligation of any kind with respect to such Feedback and shall be free to use and distribute the Feedback to others without limitation, including, but not limited to developing and marketing products incorporating such Feedback. Xongl Cloud reserves the right to publish or use any responses, questions or comments emailed to Xongl Cloud for promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions will be the property of Xongl Cloud.

The enumeration of violations in this Section 3 of these Terms of Service is not meant to be exclusive, and Xongl Cloud provides notice hereby that it has and will exercise its authority to take whatever action is necessary to protect the Services, Subscribers, and third parties from acts that would be inimical to the purposes of this Section 3 of these Terms of Service.

Lawful Use of the Network

In using the Services, Subscribers must comply with, and refrain from violations of, any right of any other person, entity, law, or contractual duty, including without limitation the laws of the United States and the laws of New York, and including without limitation those laws forbidding:
(a) distribution of child pornography,
(b) forgery, identity theft, misdirection or interference with electronic communications,
(c) invasion of privacy,
(d) unlawful sending of commercial electronic messages or other marketing or electronic communications,
(e) collection of excessive user data from children, or other improper data collection activities,
(f) securities violations, wire fraud, money laundering, or terrorist activities, or
(f) false advertising, propagating or profiting from frauds and unfair schemes. Subscribers will also comply with the affirmative requirements of law governing use of the Services, including but not limited to:
(i) disclosure requirements, including those regarding notification of security breaches,
(ii) records maintenance for regulated industries, and
(iii) financial institution safeguards.

Agreed Use of Allotted Network Resources

Subscribers shall not use any method to circumvent the provisions of these Terms of Service, or to obtain Services in excess of those for which they contract with Xongl Cloud. Subscribers shall use only those IP addresses that are assigned to them by Xongl Cloud, and shall not use any IP addresses outside of their assigned range. Subscribers shall not use any mechanism to exceed the amount of resources assigned to them through the Services, or to conceal such activities.

Injurious Code

Subscribers may not use the Services to distribute, receive communications or data gleaned from, or execute any action directed by any type of injurious code, including but not limited to:
(i) trojans,
(ii) key loggers,
(iii) viruses,
(iv) malware,
(v) botnets,
(vi) denial of service attacks,
(vii) flood or mail bombs,
(viii) logic bombs, or
(ix) other actions which Xongl Cloud reserves the sole right to determine to be malicious in intent.

Email Violations

Subscribers shall not send bulk email utilizing their resources on the Services unless they maintain a double-authorized list of subscribed members including IP addresses and relevant contact information, along with following guidelines for including removal links with all sent emails according to the such legislation. Subscribers shall comply with all laws regarding the sending of commercial electronic messages or other marketing or electronic communications. Subscribers are forbidden from taking any action that would result in their IP addresses, or any IP address associated with Xongl Cloud or other Subscribers, being placed on the Spamhaus.org blacklist. Xongl Cloud reserves the sole and absolute right to determine whether an email violation has occurred.

Invasion of Privacy, Defamation, or Harassment

Subscribers may not use the Services in a manner that would violate the lawful privacy rights of any person, or to publish or republish defamatory or libelous statements, or to harass or embarrass, which shall be determined in Xongl Cloud's sole and absolute discretion.

Violation of Copyright, Trademark, Patent or Trade Secret

Subscribers may not use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The provisions of the Digital Millennium Copyright Act of 1998 ("DMCA") (as required under 17 U.S.C. §512) and all other applicable international trademark, copyright, patent or other intellectual property laws will apply to issues presented by allegations of copyright violations by third parties. Xongl Cloud will, in appropriate circumstances, terminate the accounts of repeat violators. If a third party believes that a Subscriber of Xongl Cloud is violating its intellectual property rights, it should notify us by email at connect@xongl.com, A notification should include information reasonably sufficient to permit Xongl Cloud to locate the allegedly infringing material, such as the IP address or URL of the specific online location where the alleged infringement is occurring.

Export

Subscriber shall comply with all applicable export and import control laws and regulations in its use of the Services, and, in particular, Subscriber shall not utilize the Services to export or re-export data or software without all required United States and foreign government licenses. Subscriber assumes full legal responsibility for any access and use of the Services from outside the United States, with full understanding that the same may constitute export of technology and technical data that may implicate export regulations and/or require export license. Should such a license be required, it shall be Subscriber's responsibility to obtain the same, at Subscriber's sole cost and expense, and in the event of any breach of this duty resulting in legal claims against Xongl Cloud, Subscriber shall defend, indemnify and hold Xongl Cloud harmless from all claims and damages arising therefrom.

Acts of Sub-Users

Subscribers are responsible for the acts of others utilizing their access to the Services, and will be held responsible for violations of the Services by their sub-users or persons who gain access to the Services using the Subscriber's access codes. Any activity that a Subscriber is prohibited from performing by these Terms of Services is equally prohibited to anyone using the access to the Services of the Subscriber.

Access Code Protection

Subscribers shall utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with account access information.

Notification Regarding these Terms of Service

Subscribers shall notify all persons who receive access to the Services of the provisions of these Terms of Service, and shall inform them that the terms of these Terms of Service are binding upon them.

Remedial Action

Subscribers shall notify Xongl Cloud if and when they learn of any security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by authorities and/or Xongl Cloud to cure the security breach.

We use third-party payment processors (the "Payment Processors") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for use of the paid Services. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for error by the Payment Processors. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment

Billing and Terms

The term of this Agreement shall be monthly, to commence on the date that the Subscriber signs up electronically for the Services by creating an Account with an email address. All invoices are denominated, and Subscriber must pay, in U.S. Dollars. Subscribers are typically billed monthly on or about the first day of each month, with payment due no later than ten (10) days past the invoice date. On rare occasions, a Subscriber may be billed an amount up to the Subscriber's current balance in an effort to verify the authenticity of the Subscriber's account information. This process ensures that Subscribers without a payment history are not subjected to additional scrutiny. Subscribers are entirely responsible for the payment of all taxes. For specific pricing policies, please refer to https://www.xongl.com/pricing. Monthly fees and renewal fees will be billed at the rate agreed to at purchase. At cancellation, your Account will be inactivated and you will no longer be able to log into our site and/or have any access to the Services. Except in the case of subscription commitments you have agreed to, which shall be nonrefundable, as permitted by law, if you cancel, you agree that fees for the first month of Services and any start-up costs associated with setting up your Account ("Start-up Costs") shall be nonrefundable, as permitted by law. With the exception of any subscription commitments agreed by you, if you paid fees in advance for any period longer than one month, then you may, with the exception of fees for the first month of Services and any Start-up Costs, obtain a refund on a pro rata basis for the period remaining after you cancel.

Some of the paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO https://cloud.xongl.com/user_payment_profiles.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT https://cloud.xongl.com/settings. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

Arrearages

Payments not made within ten (10) days of invoicing will be deemed in arrears. For accounts in arrears, if any amount is more than ten (10) days overdue, without the requirement of providing notice of such arrears, Xongl Cloud may suspend service to such account and bring legal action to collect the full amount due, including any attorneys' fees and costs.

Suspension for Nonpayment

If a Subscriber is past due on their balance, Xongl Cloud may send up to three (3) email notifications within a fifteen (15) day period before suspending the Subscriber's account. Servers will be temporarily powered off during the suspension period. Xongl Cloud reserves the right to delete the Subscriber's suspended machines after the final termination notice. In other words, We currently accept payment through major credit cards and PayPal. Virtual credit cards and gift cards will often not be accepted, as we've seen repeated fraud and abuse with these methods of payment. You may, however, reach out to us at support@xongl.com to discuss potential alternate methods of payment. You're typically billed monthly (around the first of the month) for the prior month's usage. And please make sure to keep your billing account profile updated!

Promotional Credit

As of March 6, 2015, redemption of promotional credit is limited to 12 months from the date of issue (unless otherwise stated), at which time the credit will expire. Upon redemption, promotional credit expires after 12 months unless otherwise defined in the terms of the promotion. For instances where promotional credit was issued or redeemed prior to March 6, 2015, that credit will expire on March 6, 2016.

Only one promotional code is permitted per customer, and may be redeemed only by "new users," defined as users who are within 30 days of launching their first instances.

Other Credit

Earned credit from making a referral will expire after 12 consecutive inactive months. An inactive month is a month without an invoice billing event. All referral pay-outs will be paid in Xongl Cloud credit.

Sign-up credit earned via referral will expire in accordance with the terms stated in section 5.8.

Furthermore, sign-up credit earned via referral credit will be counted as the one promotional code permitted, in accordance with the terms stated in section 5.9.

SLA credit will expire after 12 consecutive inactive months. An inactive month is a month without an invoice billing event.

Credits not explicitly stated in 5.10-5.14 are to be considered promotional credit.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE US FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, OR LEGALITY OF MATERIAL OR CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES.

THE SERVICES, INCLUDING WITHOUT LIMITATION ANY INFORMATION DELIVERED AS PART OF THE SERVICES, AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE WITH DATA, AVAILABILITY, ACCURACY, THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR WEBSITE OR THAT THE SERVICES ARE ERROR FREE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:
(I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES CONTAIN INFORMATION PROVIDED BY ONE OR MORE THIRD PARTY DATA PROVIDERS. XONGL CLOUD DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE INFORMATION PROVIDED BY ANY SUCH THIRD PARTY PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT NEITHER XONGL CLOUD NOR ANY SUCH THIRD PARTY PROVIDER HAS ANY OBLIGATION TO CORRECT INFORMATION ABOUT YOU EXCEPT AS REQUIRED BY APPLICABLE LAW. INFORMATION YOU REQUEST MAY NOT BE AVAILABLE OR MAY NOT BE PROVIDED, AND XONGL CLOUD HAS NO LIABILITY FOR SUCH FAILURE. IN NO EVENT WILL XONGL CLOUD WARRANT OR GUARANTEE THE CORRECTNESS, COMPREHENSIVENESS, COMPLETENESS, ACCURACY, TIMELINESS OF ANY INFORMATION, PRODUCTS, OR SERVICES ON THIS WEBSITE. THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR WEBSITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK.

Beta Services

Xongl Cloud may offer "beta" versions or features of the Services (each, a "Beta Service"). Xongl Cloud will determine, at its sole discretion, the availability, duration (the "Trial Period"), features, and components of each Beta Service. For avoidance of doubt, any Beta Service is a form of the Services and the provision and use of any Beta Service is subject to the entirety of this Agreement, unless otherwise provided for in this Section 6.4.
ANY BETA SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. XONGL CLOUD SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY BETA SERVICE. Notwithstanding anything to the contrary in this Agreement, in no event will Xongl Cloud be liable to you or any third party for any damages or liability related to, arising out of, or caused by any Beta Service and/or any modification, suspension, or termination thereof. If Xongl Cloud permits you to use a Beta Service, you agree to provide Xongl Cloud Feedback and respond to Xongl Cloud's questions or other inquiries regarding your use of the Beta Service, if requested and as applicable. If Xongl Cloud permits you to use a Beta Service, you specifically agree, in addition to the requirements set forth in Section 3 of this Agreement, to not:
(i) use the Beta Service for benchmarking or performance testing or publicly disseminate performance information or analysis from any source relating to the Service;
(ii) modify or create derivative works of the Beta Service or remove any product identification, proprietary, copyright or other notices contained in the Beta Service; or
(iii) allow any other individual to access or use the Beta Service. Xongl Cloud at its sole discretion shall determine whether or not to continue to offer any Beta Service, and may cease offering any Beta Service at any time. Upon completion of a Trial Period, you may lose access to the applicable Beta Service, unless or until the features of the Beta Service are incorporated into the Services, and you agree to return or destroy all copies of documentation and confidential information related to the Beta Service. Any production candidate or non-production version of the Services will be considered a Beta Service.
Subscriber grants to Xongl Cloud a limited license to use, reproduce, distribute, and display any data provided to Xongl Cloud by Subscriber and/or any user of a Beta Service solely for facilitating the purposes of this Agreement (such data collectively, "Beta Data")
(i) as required to provide the Beta Service; and
(ii) in de-identified form, to tune, enhance and improve the Service and other Xongl Cloud products and services. Subscriber represents and warrants that it has all necessary rights to grant Xongl Cloud the rights set forth in this Section, and that it will comply with all applicable laws, regulations, and other obligations regarding the collection, use and disclosure of Beta Data. Xongl Cloud may use de-identified or aggregated Beta Data collected through a Beta Service for any purpose, including, without limitation, to enhance and improve the Services.

This Agreement, including all related agreements and policies incorporated by reference herein, constitutes the entire agreement between the parties related to the subject matter hereof and supersedes any prior or contemporaneous agreement between the parties relating to the Services. A valid waiver hereunder shall not be interpreted to be a waiver of that obligation in the future or any other obligation under this Agreement. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. If any provision of this Agreement is prohibited by law or held to be unenforceable, that provision will be severed and the remaining provisions hereof shall not be affected such that this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. This Agreement may be signed electronically or, as set out above, your access and use of the Services will manifest your consent to this Agreement. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. All references to "laws," "rules," or "regulations" references any and all applicable laws, rules and regulations, whether domestic or foreign. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@xongl.com.