These Terms of Use (“Terms”) govern your access to and use of the Xendio Studio website, software-related online services, and other services made available under the Xendio Studio name.
Xendio Studio is operated by Castro Group LLC (“Xendio Studio,” “we,” “us,” or “our”).
By accessing or using Xendio Studio, you agree to these Terms. If you do not agree to these Terms, do not use Xendio Studio.
1. Eligibility
You may use Xendio Studio only if you are legally capable of entering into a binding agreement and your use of the service is permitted by applicable law.
If you use Xendio Studio on behalf of a business or other organization, you represent that you have authority to accept these Terms on its behalf.
2. Accounts and Account Security
Certain Xendio Studio features may require an account, authentication, or authorization to connect with a supported third-party service.
You are responsible for providing accurate information, maintaining the confidentiality of your credentials, and taking reasonable steps to protect accounts and services that you connect to Xendio Studio.
You are responsible for activity performed through your account or through connections that you authorize, except to the extent otherwise required by applicable law.
3. Permitted Use
You may use Xendio Studio for lawful website creation, management, importing, editing, and related activities supported by the service.
You may not use Xendio Studio to:
- violate applicable law or another person's legal rights;
- upload, distribute, or facilitate malicious software or harmful code;
- gain unauthorized access to systems, accounts, networks, or data;
- probe, attack, disrupt, or interfere with Xendio Studio or another service;
- circumvent authentication, security, licensing, access, or payment controls;
- impersonate another person or organization;
- submit content or website materials that you do not have authority to use; or
- use Xendio Studio for fraudulent, deceptive, abusive, or unlawful activity.
4. Your Content and Website Materials
You retain ownership of content, website files, images, text, and other materials that you lawfully provide to Xendio Studio.
You grant Xendio Studio a limited right to host, copy, process, analyze, transform, display, and otherwise use those materials only as reasonably necessary to provide, secure, maintain, and support the services you request.
You represent that you have all rights and permissions necessary to provide those materials to Xendio Studio and to authorize the requested processing.
5. Intellectual Property
Xendio Studio, including its software, website, branding, interfaces, documentation, designs, and other first-party materials, is owned by Castro Group LLC or its licensors and is protected by applicable intellectual-property laws.
Except for rights expressly granted under these Terms or another applicable written agreement, no ownership rights in Xendio Studio are transferred to you.
6. Third-Party Services
Xendio Studio may connect with or rely upon third-party services, including hosting, infrastructure, authentication, payment, domain, and other service providers.
Your use of a third-party service may also be governed by that provider's own terms, policies, fees, and requirements.
Xendio Studio does not control and is not responsible for the independent acts, outages, policies, security practices, or service changes of third-party providers.
7. Payments and Optional Services
Certain Xendio Studio services or features may require payment. Any applicable price and material purchase information will be presented before you authorize the transaction.
Payments may be processed by a third-party payment processor such as Stripe. Payment processors may collect and process payment information under their own terms and privacy policies.
You are responsible for charges that you knowingly authorize, subject to applicable law and any purchase-specific terms presented at the time of the transaction.
8. Service Availability and Changes
Xendio Studio is under active development. Features and services may be introduced, modified, improved, suspended, or discontinued over time.
We may make changes when reasonably necessary to improve security, reliability, compatibility, performance, or functionality.
We do not guarantee that every website, file, provider, browser, integration, or third-party service will be compatible with Xendio Studio.
9. Suspension and Termination
We may restrict, suspend, or terminate access to Xendio Studio when reasonably necessary to address fraud, unlawful activity, security risk, abuse, nonpayment, material violation of these Terms, or risk to Xendio Studio, our users, or third parties.
Where appropriate and legally required, we may provide notice or an opportunity to address the issue before termination.
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XENDIO STUDIO AND ITS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
WE DISCLAIM IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR COMPATIBLE WITH EVERY WEBSITE OR THIRD-PARTY SERVICE.
NOTHING IN THESE TERMS LIMITS OR EXCLUDES A WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XENDIO STUDIO AND CASTRO GROUP LLC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY ARISING FROM OR RELATED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO XENDIO STUDIO WILL NOT EXCEED THE GREATER OF:
- the amount you paid to Xendio Studio for the service giving rise to the claim during the twelve months preceding the event giving rise to liability; or
- US $100.
These limitations do not apply where prohibited by applicable law.
12. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Castro Group LLC and its officers, employees, and agents from third-party claims, liabilities, damages, and reasonable costs arising from your unlawful use of Xendio Studio, your content, your violation of these Terms, or your infringement of another person's rights.
13. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
Unless applicable law requires otherwise, legal proceedings arising from these Terms or Xendio Studio will be brought in a state or federal court of competent jurisdiction in California.
14. Changes to These Terms
We may update these Terms when our services, practices, or legal requirements change.
When we make changes, we will update the effective date displayed on this page. If a change materially affects your rights, we may provide additional notice when required by law.
15. General Terms
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.
Our failure to enforce a provision is not a waiver of our right to enforce it later.
These Terms, together with any applicable product-specific agreement or purchase terms presented to you, constitute the applicable agreement governing your use of Xendio Studio.
16. Contact
Questions about these Terms may be submitted through the official contact or support method published on xendiostudio.com.