Terms of Service

By accessing or using any service, application, or website of the XPXO Network (including but not limited to xpxo.tv, xpxo.me, xpxo.io, xpxo.cloud, xpxo.info, xpxo.tech, xpxo.site, xpxo.online, and all associated subdomains; collectively "XPXO", "the Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, do not access or use the Services. These Terms constitute a legally binding agreement between you ("User") and: Alexander Sadomsky c/o IP-Management #42121 Ludwig-Erhard-Str. 18, 20459 Hamburg, Germany Email: [email protected] ("we", "us", "our", "XPXO").

We reserve the right to modify these Terms at any time. Material changes will be communicated via a prominent notice on the website or by email to registered users at least 14 days before the change takes effect. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Services.

You must be at least 16 years of age to create an account or use the Services. This minimum age is set pursuant to Art. 8 GDPR, which requires parental consent for the processing of personal data of children under 16 in Germany and many EU member states. By creating an account, you represent and warrant that:

• You are at least 16 years old
• You have the legal capacity to enter into a binding agreement
• You will provide accurate, current, and complete information during registration
• You will maintain the accuracy of your account information

If we discover that an account belongs to a person under 16, we will terminate that account and delete all associated personal data without notice.

To access certain features, you must create an account by linking one or more OAuth providers (Discord, Google, GitHub, or Twitch). You are responsible for:

• Maintaining the confidentiality of your account and login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account at [email protected]
• Keeping your linked OAuth provider accounts secure

We reserve the right to terminate accounts that we reasonably suspect have been compromised or are being misused. You may link multiple OAuth providers to a single XPXO account. You may disconnect providers at any time via Settings, provided at least one authentication method remains active.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable local, national, or international law or regulation
• Transmit any unsolicited or unauthorized advertising or promotional material ("spam")
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
• Upload, transmit, or distribute any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
• Attempt to gain unauthorized access to the Services, related systems, or networks
• Introduce any virus, trojan horse, worm, logic bomb, or other malicious code
• Use automated means (bots, scrapers, crawlers) to access or collect data from the Services without our written consent
• Engage in any activity that disrupts the normal functioning of the Services
• Use the Services to store, transmit, or process content that is illegal under German or EU law, including but not limited to content that incites hatred (§130 StGB), glorifies violence, or constitutes child exploitation material

We reserve the right to suspend or terminate access to the Services for violations of these rules without prior notice.

You retain ownership of any content you submit, post, or display through the Services ("User Content"). By submitting User Content, you grant XPXO a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, and display such content solely for the purpose of operating and improving the Services. You represent and warrant that:

• You own or have the necessary rights to submit the User Content
• The User Content does not violate any third-party rights
• The User Content complies with applicable laws

We do not pre-screen User Content but reserve the right to remove any content that violates these Terms or applicable law.

The XPXO Network includes a virtual points system ("X-Coins") and gamification features (XP, Levels, Quests, Leaderboards). The following rules apply:

• X-Coins are virtual points with no monetary value and cannot be exchanged for real money, gift cards, or any other item of value outside the XPXO platform
• X-Coins are non-transferable between user accounts except where an explicit transfer feature is provided
• X-Coins and other gamification data are tied to your XPXO account and will be lost upon account deletion
• We reserve the right to modify, reset, or discontinue the virtual currency system at any time with reasonable notice
• We do not guarantee the continued availability of any virtual goods, levels, or achievements
• X-Coins are not a financial instrument and are not regulated as such

Any attempt to exploit, hack, or manipulate the X-Coins or XP systems (e.g. through cheating, automation, or exploiting bugs) will result in account suspension and may result in permanent termination.

The Services and their original content (excluding User Content), features, and functionality are and will remain the exclusive property of XPXO and its licensors. Our trademarks, logos, and service names may not be used in connection with any product or service without our prior written consent. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes.

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the data practices described in the Privacy Policy. Please review our Privacy Policy to understand our practices.

The Services may contain links to third-party websites or integrate with third-party services (Discord, Google, GitHub, Twitch, Cloudflare). These third parties have their own independent privacy policies and terms of service. We have no responsibility or liability for their content, practices, or policies. Your use of third-party services is at your own risk.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT WARRANT THAT:

• The Services will be uninterrupted, error-free, or secure
• Any errors or defects will be corrected
• The Services or the server that makes them available are free of viruses or harmful components
• The results of using the Services will meet your requirements

Nothing in this section excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under German law (§ 309 Nr. 7 BGB).

To the maximum extent permitted by applicable German and EU law, XPXO shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from:

• Your access to or use of (or inability to access or use) the Services
• Any conduct or content of any third party in connection with the Services
• Unauthorized access, use, or alteration of your data
• Any interruption or cessation of transmission to or from the Services

Our total liability to you for all claims arising from or related to these Terms or the Services shall not exceed the amounts you paid to XPXO in the twelve months prior to the event giving rise to the claim, or €100, whichever is greater. This limitation does not apply to liability for intentional misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit), or to any liability that cannot be limited under mandatory German law.

You agree to defend, indemnify, and hold harmless XPXO and its operators from and against any claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) any content you submit to the Services.

We may suspend or terminate your account and access to the Services at any time, with or without cause and with or without notice, including for violation of these Terms. You may terminate your account at any time by contacting us at [email protected] or by using the account deletion feature in Settings. Upon termination, your right to use the Services will immediately cease. Sections that by their nature should survive termination (including but not limited to Sections 7, 8, 11, 12, 13, 15, and 16) shall survive.

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of law provisions. For consumers in the EU: Nothing in these Terms affects your statutory rights under the law of the EU member state in which you reside. Mandatory consumer protection provisions applicable in your country of residence shall prevail over conflicting provisions of these Terms. The courts of Hamburg, Germany shall have exclusive jurisdiction over any disputes arising from or relating to these Terms or the Services, except where mandatory consumer law provisions in your country of residence provide for a different jurisdiction. EU Dispute Resolution: The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr/. We do not participate in consumer arbitration proceedings.

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and XPXO with respect to the Services and supersede all prior agreements. If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions will continue in full force and effect.

For questions, concerns, or notices under these Terms: Alexander Sadomsky c/o IP-Management #42121 Ludwig-Erhard-Str. 18, 20459 Hamburg, Germany Email: [email protected]