Xertilox Terms & Conditions

For using the Xertilox mobile app (iOS and Android)

Introduction

Welcome to the Xertilox mobile app (“the App”). These terms and conditions (“Terms”) govern your use of the App. By downloading, installing, or using the App, you agree to these Terms. If you do not agree, you must not use the App.

Definitions

• The App: The Xertilox mobile application available for iOS and Android platforms.

• User: Any individual who downloads, installs, or uses the App.

• Data: Information inputted by the User into the App, including personal information and identification data.

• Biometric Template: A unique digital representation of a User’s biometric data created during the account setup process.

• Fraud: Any attempt to deceive or manipulate the App’s functionality for unlawful purposes.

• Client: Entities partnered with Xertilox to receive data from Users for verification purposes.

• Suspension: Temporary or permanent restriction of a User’s access to the App.

• Premium Services: Optional paid features or functionalities offered within the App.

1. Use of the App

1. The App is free to use and is intended solely for lawful purposes, specifically for sharing your data with Xertilox’s clients.

2. You must not use the App for any purpose other than its intended use.

3. Users are responsible for all data they input into the App and must ensure its accuracy.

4. Users must only upload their own data and must not input data belonging to others. It is forbidden to impersonate anyone or misrepresent your identity.

2. User Accounts

1. Each individual may create only one account on the App.

2. To create an account, you must:

   1. Be 18 years or older.

   2. Provide at least one form of identification and a selfie, including a liveness check.

   3. Consent to Xertilox creating a biometric template in its systems.

3. Xertilox reserves the right to suspend or delete accounts without notice in cases of suspected fraud, misuse, or breach of these Terms.

3. Data Responsibility and Security

1. Users are solely responsible for accepting or declining in-app requests to share their data.

2. Xertilox will perform checks against various databases to ensure the accuracy of the data provided.

3. User data may be shared with law enforcement, regulatory bodies, government agencies, courts, or other third parties when necessary and lawful.

4. Xertilox will take commercially reasonable technical and organisational measures to safeguard user data against unauthorised access, loss, or alteration. However, no system is completely secure, and users share their data at their own risk.

5. Xertilox is not responsible for any loss of user data.

6. Xertilox is not responsible for any outcomes resulting from the use of the App, including but not limited to being refused a job, denied a loan, or any similar consequences.

4. User Obligations

1. Users must:

   1. Keep their mobile devices secure and locked.

   2. Ensure that they are the only user of the mobile device and their password / biometric authentication data is not compromised or shared with anyone.

   3. Ensure their mobile phone’s operating system is up to date.

2. Xertilox is not liable for:

   1. Issues caused by outdated operating systems or unsecured devices.

   2. Unauthorised access to the App due to device compromise.

3. The App is the sole official method for accessing Xertilox services. Users must not use unauthorised platforms.

5. Usage Restrictions

Users are prohibited from:

1. Attempting to hack, exploit, or reverse-engineer the App or its systems.

2. Using automated tools, bots, or scrapers to interact with the App.

3. Uploading malicious software, viruses, or other harmful content.

4. Interfering with the normal operation of the App or attempting to bypass security measures.

5. Using the App in any way that violates applicable laws or regulations.
   
   

6. Content Standards

Users must ensure that any data or content uploaded to the App:

• Is accurate and complies with applicable laws.

• Does not contain defamatory, obscene, discriminatory, or inflammatory material.

• Does not promote violence, illegal activities, or sexually explicit material.

• Does not infringe on any intellectual property rights.

• Does not mislead, harass, or cause undue anxiety to others.

7. No Resale of Services

1. Users are prohibited from reselling, redistributing, or otherwise exploiting any part of the App’s services for commercial purposes without Xertilox’s explicit written consent.

2. Any attempt to sublicense, transfer, or provide unauthorised access to the App’s services is strictly forbidden and may result in account suspension or legal action.

8. Suspension and Termination

If Xertilox determines a breach of these Terms, it may:

1. Issue a warning.

2. Temporarily or permanently suspend your account.

3. Terminate your access to the App without notice.

4. Take legal action to recover costs incurred as a result of the breach.

5. Disclose relevant information to law enforcement as necessary.

6. All decisions from Xertilox are final.

9. Closing Your Account

1. Users may close their account by contacting info@xertilox.com.

2. Upon account closure, users must delete the App from their device.

3. Xertilox may retain certain data for regulatory purposes but will delete all other pieces of data from its servers.

4. If the account is closed by Xertilox, all access to services and data will terminate immediately.

10. Liability

1. The App is provided "as is" and "as available" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

2. Xertilox does not warrant that the App will be uninterrupted, error-free, or secure.

3. Xertilox is not liable for:

   1. Direct or indirect consequences of the App not working or functioning improperly.

   2. Data inaccuracy in 3rd party databases used for verification.

   3. Compatibility issues with specific devices.

   4. Unauthorised access to a user’s account due to compromised devices.

4. In no event shall Xertilox’s total liability exceed the amount, if any, paid by the user for services rendered by the App in the last 3 months.

11. Force Majeure

Xertilox shall not be held liable for any failure to perform or delay in the performance of its obligations under these Terms due to events beyond its reasonable control. Such events include but are not limited to:

• Natural disasters (e.g., earthquakes, floods, fires);

• Acts of terrorism or war;

• Cyber-attacks or other malicious activities;

• Government restrictions, laws, or regulations;

• Power outages or telecommunication failures.

In such circumstances, Xertilox’s obligations are deemed suspended for the duration of the event, and Xertilox will make reasonable efforts to resume services as soon as possible.

12. Intellectual Property

1. All content, features, and functionality within the App (excluding user-provided data) are owned by Xertilox and protected by copyright, trademark, and other intellectual property laws.

2. Users must not copy, modify, distribute, or reverse-engineer any part of the App.

13. Updates and Premium Features

1. Xertilox may introduce additional features or premium services that may carry a cost. Users will be notified of any charges before agreeing to use these services.

2. These Terms may be updated to reflect changes in the App’s features, services, or applicable laws.

14. Governing Law and Dispute Resolution

1. These Terms are governed by the laws of England and Wales.

2. Any disputes arising from these Terms shall first be resolved through arbitration or mediation before proceeding to court.

Contact Us

If you have any questions about these Terms, please contact us at info@xertilox.com.