The website located at https://xygeni.io (the “Site”) is a copyrighted work belonging to Xygeni Security, S.L. (“Xygeni”, “Company”, “we”, “our”, or “us”), a company registered in Calle Pasión 4, 2 Planta, 47001 Valladolid, Spain (VAT: B09620287).
These Website Terms of Use (“Terms”) set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you accept these Terms on behalf of yourself or the entity you represent. If you do not agree with all provisions of these Terms, do not access or use the Site.
These Terms apply solely to the public website at xygeni.io. Use of the Xygeni platform and services is governed by the Platform Terms of Use, which constitute a separate agreement.
The Site and its entire contents, features and functionality — including but not limited to all information, text, displays, images, video, audio, and the design, selection and arrangement thereof — are owned by Xygeni, its licensors or other providers and are protected by Spanish and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may access and use the Site for your personal, non-commercial informational purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site without the prior written consent of Xygeni, except as follows:
You acknowledge and agree that Xygeni will have no obligation to provide you with any support or maintenance in connection with the Site.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
The Site may contain features that allow you to submit content, including contact forms, newsletter sign-ups, demo requests or other communications (“User Submissions”). By making a User Submission, you represent and warrant that:
If you provide Xygeni with any feedback, ideas or suggestions regarding the Site (“Feedback”), you hereby assign to Xygeni all rights in such Feedback and agree that Xygeni shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate without restriction or obligation to you. Xygeni will treat any Feedback as non-confidential and non-proprietary. You agree not to submit to Xygeni any information or ideas that you consider to be confidential or proprietary.
For all other User Submissions (contact forms, demo requests, newsletter sign-ups), Xygeni may use, reproduce and distribute such submissions solely for the purpose of responding to your request and improving our services. Xygeni is not obligated to publish or retain any User Submission.
XYGENI WILL PAY NO COMPENSATION OF ANY KIND FOR ANY USER SUBMISSION OR FEEDBACK. YOU WAIVE ANY RIGHTS YOU MAY HAVE TO PAYMENT OR COMPENSATION IN CONNECTION WITH ANY USER SUBMISSION.
The Site may contain links to third-party websites or services that are not owned or controlled by Xygeni. Xygeni has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites. We strongly advise you to read the terms and conditions and privacy policy of any third-party website that you visit.
Xygeni does not warrant the accuracy or completeness of information provided on third-party sites and does not endorse any third-party website or the content, products or services offered thereon.
If you wish to link to the Site, you may do so provided that: (a) the link is to the main page of the Site; (b) the link does not imply Xygeni’s endorsement, affiliation or sponsorship; and (c) the linking site does not contain illegal, defamatory or obscene content. Xygeni reserves the right to require removal of any link to the Site at any time.
Xygeni’s collection and use of personal data through the Site is governed by our Privacy Policy, available at https://xygeni.io/legal/privacy-policy. By using the Site, you consent to the collection and use of your personal data as described in the Privacy Policy.
The Site uses cookies and similar tracking technologies. Our use of cookies is governed by our Cookie Policy, available at https://xygeni.io/legal/cookie-policy. By continuing to use the Site, you consent to the use of cookies as described in that policy. You may withdraw consent at any time through your browser settings or the cookie preference centre on the Site.
THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. XYGENI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
XYGENI DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XYGENI DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS OR SUITABILITY OF ANY CONTENT ON THE SITE.
Xygeni reserves the right to modify, suspend or discontinue the Site at any time without notice and without liability to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XYGENI OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF XYGENI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, XYGENI’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY EUROS (€50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT XYGENI’S SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to defend, indemnify and hold harmless Xygeni, its affiliates, officers, directors, employees, contractors, agents, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or in connection with: (a) your violation of these Terms; (b) your use of the Site or its content other than as permitted under these Terms; (c) any User Submission you make; or (d) your infringement of any third-party rights.
Xygeni reserves the right to revise and update these Terms at any time at its sole discretion. All changes are effective immediately when posted on the Site and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
For material changes, Xygeni will use reasonable efforts to provide notice by posting a notice on the Site prior to the change becoming effective. It is your responsibility to check the Site periodically for changes.
These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Any dispute arising out of or in connection with these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts of Madrid, Spain. Nothing in this clause limits Xygeni’s right to seek injunctive or other emergency relief in any jurisdiction.
By using the Site or sending Xygeni emails, you consent to receive communications from Xygeni in electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that Xygeni provides to you electronically satisfy any legal requirement that such communications would satisfy if provided in hardcopy writing. Xygeni will send notices of material changes to these Terms to the email address you provided when registering or contacting us. You are responsible for keeping your email address current.
Entire Agreement. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Xygeni with respect to your use of the Site.
Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver. No failure by Xygeni to exercise any right or provision of these Terms will constitute a waiver of such right or provision.
No Relationship. Nothing in these Terms creates any partnership, joint venture, employment or agency relationship between you and Xygeni.
Contact. For questions about these Terms, contact Xygeni at: Xygeni Security, S.L., Calle Pasión 4, 2 Planta, 47001 Valladolid, Spain. Email: legal@xygeni.io.
