These Terms and Conditions ("Terms", "Agreement") are an agreement between redsolution OÜ ("Xabber Developer", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of our applications and any our products or services (collectively, "Applications", "Software" or "Services") made by redsolution OÜ and its affiliates, including https://www.xabber.com (the "Xabber Website"), Xabber applications for Android, iOS, Web and Xabber server.
Xabber Account is required to subscribe to communication services provided by redsolution OÜ. Is is created via pre-existing XMPP account and is tied to it. Alternatively, it can be registered with a new XMPP account hosted by redsolution OÜ. In this case Xabber Account is tied to this new XMPP account.
Owners of Xabber Account registered with us are entitled to a free XMPP account hosted on our servers. Free XMPP accounts are subjects of limitations on stored files and chat history, described in corresponding section of Xabber Website.
If you create a Xabber Account, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
redsolution OÜ provides commercial services to owners of Xabber Accounts. Services are billed daily on continuous basis, their costs are deducted from a customer’s balance. Services are suspended once customer’s balance reaches zero and are resumed once it is replenished. Provided services are described in detail in corresponding sections of Xabber Website.
We do not own any data, information or material ("Content") that you submit in Applications in the course of using our Services. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content in the Applications submitted or created using our Services by you. Unless specifically permitted by you, your use of the Applications does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
We perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Links to other applications
Although our Applications or Services may link to other applications, services or websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from our Applications or Services. Your linking to any other off-site applications, services or websites is at your own risk.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will redsolution OÜ, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if redsolution OÜ has been advised as to the possibility of such damages or could have foreseen such damages.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement on https://www.xabber.com website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Application and Services after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Application, Software or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Applications, Software or our Services.
If you have any questions about this Agreement, please contact us.This document was last updated on July 15, 2019