Please Read Carefully Before Using XClub
These Terms of Service ("Terms," "Agreement") govern your access to and use of the XClub mobile application ("App," "Service," "XClub"), provided by XClub ("we," "us," "our"). By downloading, installing, accessing, or using XClub, you agree to be bound by these Terms.
Important: If you do not agree to these Terms, you must not use XClub. Your continued use of the App constitutes acceptance of these Terms and any future modifications.
These Terms constitute a legally binding agreement between you and XClub. Please read them carefully before using our Service.
By accessing or using XClub, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.
You must meet the following requirements to use XClub:
XClub is designed to work without requiring user registration or account creation. You can use all features of the App without providing personal identification information. However, certain features may require device permissions (camera, photo library access).
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use XClub on your personal mobile device solely for your personal, non-commercial use.
You agree NOT to:
XClub is intended for personal, non-commercial use only. You may not use the App or any content created with it for commercial purposes without our express written permission.
XClub provides camera features that allow you to:
The App provides photo editing capabilities including:
All photos captured or edited using XClub are stored locally on your device. We do not upload, store, or have access to your photos on our servers. You are solely responsible for backing up your photos.
You retain all ownership rights to photos you capture or edit using XClub. We claim no ownership or rights to your photos. However, you are responsible for ensuring you have the right to photograph subjects and use any images you import into the App.
XClub uses a virtual currency system ("Coins") that can be purchased through Apple's In-App Purchase system. Coins can be used to unlock premium features within the App, such as saving edited photos.
We reserve the right to modify Coin prices, packages, and availability at any time without prior notice. Price changes will not affect Coins already purchased.
All payments are processed by Apple through the App Store. We do not have access to your payment information. For payment-related issues, please contact Apple Support or refer to Apple's Terms and Conditions.
You are responsible for any applicable taxes related to your purchases. Prices displayed may not include applicable sales tax, VAT, or other taxes, which will be added at checkout.
Your privacy is important to us. Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Please review our Privacy Policy to understand how we handle your information. By using XClub, you consent to our data practices as described in the Privacy Policy.
XClub and all its contents, features, and functionality (including but not limited to software, code, design, graphics, logos, icons, images, audio, video, text, and user interface) are owned by XClub and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The XClub name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of XClub. You may not use these marks without our prior written permission.
You retain all rights to photos and content you create using XClub. We do not claim any ownership rights to your content. However, by using the share feature, you grant us a limited license to facilitate sharing through iOS sharing mechanisms.
If you provide us with feedback, suggestions, or ideas about XClub, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution to you.
You agree not to engage in any of the following prohibited activities:
IMPORTANT: XCLUB IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
We do not warrant that XClub will be compatible with your device or that it will work with any particular hardware or software configuration. Camera features depend on your device's hardware capabilities.
We are not responsible for any loss of photos, data, or content stored on your device. You are solely responsible for backing up your photos and data.
IMPORTANT LEGAL NOTICE: PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XCLUB, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).
You acknowledge that we have set our prices and entered into these Terms in reliance upon the disclaimers of warranty and limitations of liability set forth herein, and that the same form an essential basis of the bargain between you and us.
You agree to defend, indemnify, and hold harmless XClub, its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:
This indemnification obligation will survive termination of these Terms and your use of the App.
We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time, with or without notice, for any reason. We may also impose limits on certain features or restrict access to parts or all of the App without notice or liability.
We may revise these Terms from time to time. The most current version will always be posted in the App. If we make material changes, we will notify you through the App or by other means. Your continued use of the App after changes become effective constitutes acceptance of the revised Terms.
We may add, modify, or remove features at our discretion. We are not obligated to provide any updates, upgrades, or support for the App.
You may stop using the App at any time by uninstalling it from your device. Uninstalling the App will terminate your license to use it.
We reserve the right to suspend or terminate your access to the App at any time, with or without cause, with or without notice, for any reason, including if:
Upon termination:
Before filing a claim, you agree to contact us at xClub8247@outlook.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or we may bring a formal proceeding.
You and XClub agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be held in the United States in the county where you reside or another mutually agreed location.
IMPORTANT: YOU AND XCLUB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Notwithstanding the above, you may assert claims in small claims court if your claims qualify and remain in such court.
These Terms and your use of the App shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions.
Subject to the arbitration provisions above, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in California for resolution of any disputes.
If you access the App from outside the United States, you do so at your own risk and are responsible for compliance with local laws. We make no representation that the App is appropriate or available for use in other locations.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and XClub regarding the App and supersede all prior agreements and understandings.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by us.
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and XClub.
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
We may provide notices to you via email (if provided), in-app notifications, or by posting on the App. You agree that electronic notices satisfy any legal requirement that such communications be in writing.
The App may be subject to U.S. export control laws. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce.
If you download the App from the Apple App Store, you acknowledge and agree that:
If you have any questions, concerns, or complaints about these Terms or the App, please contact us:
Email: xClub8247@outlook.com
Response Time: We aim to respond to all inquiries within 48-72 hours
For technical support, bug reports, or feature requests, please include:
BY USING XCLUB, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE APP.
You further acknowledge that these Terms constitute a binding legal agreement between you and XClub, and that you have had the opportunity to review these Terms and seek independent legal advice if desired.
We're here to help. Contact us anytime:
✉️ xClub8247@outlook.comWe typically respond within 48-72 hours