1. General Provisions
- 1.1. As the Xabo Network Ecosystem is a common space for the interaction of users, Services and specialized tools designed to improve the usability of Services that are familiar to Users, Xabo Network hereinafter also referred to as the "Company", "we", "our" or "us", has developed and posted this User Agreement (hereinafter referred to as this Agreement), which applies to all persons using any of the Xabo Network Ecosystem Services and/or Xabo Network Ecosystem tools.
- 1.2. This Agreement may be amended and/or supplemented by the Company unilaterally. This Agreement is an open and public document. The current version of this Agreement is available at https://xabosocial.com/policies/terms. The company recommends that Users regularly check the terms of this Agreement for amendments and/or additions. Continued use of Xabo Network Ecosystem Services and/or Xabo Network Ecosystem tools by the User after making amendments and/or additions to this Agreement means acceptance and the User’s consent to such amendments and/or additions.
- 1.3. Relations between the Parties are also regulated by the Xabo Network Ecosystem User Information Protection Rules, which are located at https://xabosocial.com/policies/privacy, and the User documentation of the respective Services, in which the User registers using the Xabo Network ID tool.
- 2.1. Under the terms of this Agreement, the Company gratuitously provides the User with the following accesses, opportunities and benefits:
- 2.1.1. Safe management of registration data through the personal account of the single Xabo Network Ecosystem user account;
- 2.1.2. A set of tools that are functionally embedded in the Services through technical integration and allow for the everyday use of familiar Services to be as convenient and safe as possible for the User and his/her data, including but not limited to:
- the Xabo Network ID tool, which is a tool for simplified quick registration and/or authentication of Users in the Xabo Network Ecosystem Services, as well as in other Services/Websites/informational resources of third parties (hereinafter referred to as external Services), collectively referred to as the "Services";
- Xabo Network Mini Apps platform for quick access to the Services;
- Widgets that allow users to receive timely and personalized information;
- 2.1.3. Opportunity to participate in bonus programs of the Xabo Network Ecosystem Services;
- 2.1.4. Single personalized user experience in all Xabo Network Ecosystem Services and its tools;
- 2.1.5. and much more.
- 2.2. The use of any Xabo Network Ecosystem Service and/or its tools, both currently existing and ones that will appear in the future, the terms of use of which refer to this Agreement, means, in accordance with the lows, acceptance by the User of the terms of this Agreement in full, without any reservations or exceptions. The use of any Xabo Network Ecosystem Service and/or its tools, both currently existing and ones that will appear in the future, also means acceptance by the User of the terms of individual user agreements of these Xabo Network Ecosystem Services or Xabo Network Ecosystem tools and their privacy policies (previously and hereinafter referred to as the User documentation of the Service), which are an integral part of this Agreement, in full, without any reservations or exceptions. The list of Xabo Network Ecosystem Services can be found at https://xabosocial.com/ecosystem/services. The list of Ecosystem tools can be found at https://xabosocial.com/ecosystem/tools.
- 2.3. The Company and the Services have the right to establish restrictions on the use of the Services and tools of the Xabo Network Ecosystem, which may be contained in this Agreement and/or in the User documentation of individual Services.
- 2.4. About Xabo Network ID tool.
- 2.4.1. Among other things, the Company provides the User with the Xabo Network ID tool, which is owned by the Company, through the website at https://xabosocial.com, and/or through other web interfaces and/or mobile interfaces and/or applications for websites and/or mobile applications and other tools, with the opportunity to use independently, on an "as is" basis and free of charge.
- 2.4.2. Xabo Network ID is a key tool of the Xabo Network Ecosystem, http://xabosocial.com/policies/terms, which provides the ability to register and/or authorize the User in the Services and performs functions of creating and maintaining a User's account in the Xabo Network Ecosystem. Xabo Network ID provides the User with the functionality of unified secure account data management in the Xabo Network Ecosystem, as well as connecting or disconnecting the Services needed by the user in the User's account in the Xabo Network Ecosystem.
- 2.4.3. Xabo Network ID functionality can also be supported using third-party OAuth providers such as Sber ID, Odnoklassniki, etc. By authorizing and/or registering using third-party OAuth providers, the User agrees to receive data about the User from such third-party OAuth providers on the terms of the Xabo Network Ecosystem User Information Protection Rules, which are posted at http://xabosocial.com/policies/privacy.
- 2.4.4. Upon registration and/or authentication via Xabo Network ID in the Services, each access or actual use of Xabo Network ID, including the case when the Xabo Network ID functionality is maintained using third-party OAuth providers, as specified in clause 2.4.3. hereof, or by independently accepting this Agreement, an individual who uses the Xabo Network ID (hereinafter referred to as the User) agrees to the terms of this Agreement in the version in effect at the time of the Xabo Network ID actual use.
- 2.4.5. Xabo Network ID, independently or through Services, collects information, including information necessary for subsequent simplified authentication and/or registration in other Services, and/or their use, transfer of such data about the Services User and receipt of such data by the Services in order to provide services and/or granting the rights to use the Services while simultaneously creating an account for the User in the Xabo Network Ecosystem and creating a technological connection between the account in the Xabo Network Ecosystem and the account(s)/records of the Service(s).
- 3.1. To provide the User with the functionality of the Xabo Network Ecosystem and Xabo Network Ecosystem Services, an account is created in the Xabo Network Ecosystem using the Xabo Network ID tool.
- 3.2. Such an account is created when registering on the Xabo Network ID website (https://xabosocial.com), or when registering with any Xabo Network Ecosystem Service, or when registering with an external Service using the Xabo Network ID tool.
- 3.3. Creating an account in the Xabo Network Ecosystem is free and is carried out by filling out the Xabo Network ID registration form on the website at https://xabosocial.com, or through the Xabo Network Ecosystem Services, or through an external Service using the Xabo Network ID tool, including by transferring the necessary information from the Service to the Xabo Network ID, including during the registration and/or authentication process in the Service.
- 3.4. A Xabo Network Ecosystem User is an individual registered in accordance with the procedure established by this Agreement, has reached the age permissible in accordance with the legislation to accept this Agreement, and has the relevant authority. Certain Services may establish other age restrictions for their use, which is indicated in the User documentation for such Services.
- 3.5. In the case of self-registration, the User, in the process of filling out the Xabo Network ID registration form, in accordance with clause 3.2 on the website at https://xabosocial.com, specifies the mandatory actual verified data, the minimum required for registration in the Xabo Network Ecosystem, including last name, first name, date of birth, gender, and mobile phone number. Certain Services that use the Xabo Network ID tool for authentication may ask the User for less information; however, such incomplete accounts will be required to be filled in with the necessary data to complete its registration or filled in with additional information necessary for registration in such Services and the Xabo Network Ecosystem. Otherwise, the account can be supplemented in the manner provided for in clause 2.4.5. of this Agreement using the necessary information from the Services.
- 3.6. The User is responsible for the accuracy, relevance, completeness and compliance of the information provided during registration with the legislation, as well as its freedom from third parties claims. The Company does not verify the reliability of the information provided by the Users unless such verification is necessary in order to fulfill the obligations of the Company to Xabo Network Ecosystem Users.
- 3.7. In the case of self-registration, after providing the information necessary for registration, the User needs to go through a series of verification procedures, namely, to confirm their registration by entering a code in the appropriate form on the website at https://xabosocial.com or on the Service. The User receives a code in the form of an SMS message/missed call/call from a robot or a push notification from the Company to the User's mobile phone, the number of which is provided by the User. In the event of the correct sequential completion of all registration actions, a Xabo Network Ecosystem Account is created. In addition to the above, the creation of a Xabo Network Ecosystem Account is also possible the next time the user authenticates through Xabo Network ID on any of the Services or after independent acceptance of this Agreement, if an account in the Xabo Network Ecosystem has not been previously created for the User.
- 3.8. After the successful creation of the User's account, the Company assumes the rights and obligations to the User as outlined in this Agreement.
- 3.9. In order to fulfil this Agreement, as well as the User documentation of the Services used by the User of this Agreement, including for the purpose of developing the Xabo Network Ecosystem tool, its Services and tools, developing and implementing new tools and/or Xabo Network Ecosystem Services, optimizing the quality of tools and/or the Services of the Xabo Network Ecosystem, improving the available functionality of the Xabo Network Ecosystem in order to provide users with personalized functions, the User agrees and instructs the Company to collect, transfer and receive data in full compliance with the current legislation on personal data, including those required for registration, and/or authentication in a specific Service, and/or use the functionality of the Xabo Network ID tool, including for creating and maintaining an account in the Xabo Network Ecosystem, for subsequent collection, storage, accumulation, systematization, extraction, comparison, use, filling in of such data by Services, as well as receiving such data from the Services, collecting and processing the results of the automated processing of such data, including using various models for evaluating information in the form of integers and/or text values and identifiers corresponding to evaluation criteria specified in requests for data processing by the Company and/or by Services.
- 3.10. The processing of Xabo Network Ecosystem User personal data is performed in accordance with the legislation. The Company takes all necessary measures to protect the User’s personal data from unauthorized access, alteration, disclosure or destruction. The Company provides access to the personal data of the User only to those employees, contractors and agents of the Company who need this information to ensure the functioning of the Xabo Network Ecosystem and provide the User with access to the Services and their functionality. The Company has the right to use the information provided by the Xabo Network Ecosystem User, including personal data, as well as transfer this information to third parties in order to ensure compliance with the requirements of the current legislation, protect the rights and interests of Xabo Network Ecosystem Users, the Company and third parties (including for identification, verification/investigation and/or for suppression of unlawful acts). Information provided by the Xabo Network Ecosystem User can be disclosed only in accordance with the current legislation at the request of the court, law enforcement authorities, as well as in other cases provided for by the legislation. Since the Company processes the personal data of the Xabo Network Ecosystem User in order to perform this Agreement, under the provisions of the legislation on personal data, the consent of the User to the processing of their personal data is not required.
- 3.11. To connect the Service to the Xabo Network Ecosystem and/or to use the tools of the Xabo Network Ecosystem, the Partner who owns such a Service integrates the SDK provided by the Company into it. The Partner, by downloading and integrating the SDK into the Service belonging to it, agrees to the terms of this Agreement relating to the Partners.
- 3.12. The Partner undertakes to provide information and technological interaction with the Company in order to connect and maintain the Partner's Service as part of the Xabo Network Ecosystem and/or to use the tools of the Xabo Network Ecosystem, including the exchange of information that is necessary for the interaction of the Partner's Service with the Xabo Network Ecosystem.
- 3.13. The Services undertake to process the data received from the Xabo Network Ecosystem in full compliance with the current legislation, including the legislation on personal data and are solely responsible in event of non-compliance with this obligation.
- 3.14. A Xabo Network Ecosystem ID User does not have the right to provide access to his/her account to other persons and is solely responsible for the safety of data necessary for authentication, independently choosing the method of storage. The User can allow the storage of data on the hardware and software used by the User with the purpose of subsequent automatic authorization in the Xabo Network Ecosystem and/or in the Service.
- 3.15. Unless otherwise proved, any actions performed through his/her Xabo Network Ecosystem Account shall be deemed to have been performed by the User. In the event of unauthorized access to the Xabo Network Ecosystem Account, the User is obliged to immediately inform the Company about this fact through the established procedure.
- 4.1. When using the Services and tools of the Xabo Network Ecosystem, the User is obliged to:
- 4.1.1. comply with the provisions of the current legislation, this Agreement and the User Documentation of those Services in which he\she is registered;
- 4.1.2. when creating an account, provide reliable, complete and relevant data, and keep the data up-to-date;
- 4.1.3. inform the Company of unauthorized access to his/her Xabo Network Ecosystem Account;
- 4.1.4. not provide other persons with access to his/her own Account or to the particular information contained within it if it could violate the laws and/or this Agreement and/or the User documentation of the Services;
- 4.1.5. back up information that is important for the User and stored in the Xabo Network ID and/or in the Services.
- 4.2. Xabo Network Ecosystem User is prohibited from:
- 4.2.1. creating an account as a User on behalf of or instead of another person ("fake account");
- 4.2.2. distorting personal information;
- 4.2.3. using the software and taking actions aimed at disrupting the normal functioning of the Xabo Network Ecosystem and/or the Services, or its tools;
- 4.2.4. uploading, storing, publishing, distributing and providing access or otherwise using viruses, trojans and other malicious programs;
- 4.2.5. attempting to access the login, password and files of other persons in any way, including, but not limited to, by deception, abuse of trust, or hacking;
- 4.3. A Xabo Network Ecosystem User has the right to:
- 4.3.1. have his/her Xabo Network Ecosystem Account deteled by following the deletion instructions available at https://xabosocial.com/help/deletion, which means the User refuses to use all Xabo Network Ecosystem Services in which the User was registered with the Xabo Network ID, all tools of the Xabo Network Ecosystem and from all previously granted rights; at the same time, the User retains the opportunity to restore his/her account in the Xabo Network Ecosystem within 210 days from the date of its deletion process;
- 4.4. In the event that the User disagrees with this Agreement, its amendments and additions, the User is obliged to stop using the Services of the Xabo Network Ecosystem and its tools, after informing the Company about this decision through the established procedure.
- 5.1. The Company performs the current management and development of the Xabo Network Ecosystem, permits or restricts access of Users to the Xabo Network Ecosystem Services and tools in event of the violation of the provisions of this Agreement by such persons, and exercises other rights assigned to it.
- 5.2. The Company has the right to ban/delete the Xabo Network Ecosystem User Account and/or suspend, restrict or terminate the access of the User to any of the Xabo Network Ecosystem Services and tools without reimbursing any costs or losses to the Xabo Network Ecosystem User.
- 5.3. The Company has the right to:
- 5.3.1. provide, within a reasonable time, the technical and informational support for the User necessary to work with the Xabo Network Ecosystem and its tools;
- 5.3.2. make direct contact with the User by means of communication (by phone, e-mail or other means, including the available functionality of the Xabo Network Ecosystem) in order to receive information/comments from the User about the problems/issues encountered when using Ecosystem Services and/or its tools necessary to eliminate errors in the operation of Xabo Network Ecosystem Services and/or tools and their further development/improvement;
- 5.3.3. suspend the provision of access to Xabo Network Ecosystem Services and/or its tools without prior notice to the User in case maintenance operations in the Xabo Network Ecosystem Services and/or tools need to be performed, in the event of force majeure, as well as in the event of an accident or failure in third-party software and hardware systems or actions of third parties aimed at suspending or terminating the functioning of all or part of the functions of the Xabo Network Ecosystem Services and/or tools.
- 5.4. In performing this Agreement, the Company in its activities is guided by the requirements of applicable laws.
- 6.1. The Company is not responsible for the violation of this Agreement by a Xabo Network Ecosystem User and reserves the right at its own discretion, as well as upon receipt of information from other users or third parties about a violation of this Agreement by the User, to ban/delete the Xabo Network Ecosystem User Account and/or suspend, restrict or terminate the User’s access to any of the Xabo Network Ecosystem Services and/or tools at any time for any reason, without explanation of reasons, with or without prior notification. However, the Company will make every possible effort to exclude such situations. Suspension, restriction or termination of access of the User to Xabo Network Ecosystem Services and/or tools may lead to the inability to use the Services, as well as to deletion of the User’s information, including those contained on the Services.
- 6.2. In particular, the Company may exercise the rights listed in Clause 6.1 for the following reasons:
- 6.2.1. if the Company detects in the actions of the User signs of violation of the terms of this Agreement or the User documentation of a particular Service in which the User was registered;
- 6.2.2. at the relevant request of the authorities and the court, subject to all requirements of the legislation;
- 6.2.3. due to the creation of interference and any violations in relation to the Xabo Network Ecosystem Services and/or tools, including the use of any devices, software, etc.
- 7.1. Xabo Network Ecosystem Users are responsible to the Company for compliance with the terms of this Agreement.
- 7.2. Xabo Network Ecosystem Services and/or tools are provided on an "as is" basis. The Company does not provide any guarantees regarding the error-free and smooth operation of the functionality of the Xabo Network Ecosystem Services and/or tools, the compliance of the Xabo Network Ecosystem Services and tools with any purposes and expectations of the User, and also does not provide any other guarantees not expressly outlined in this Agreement.
- 7.3. The Company does not participate in the provision of services by the Services and/or provision of the rights to Xabo Network Ecosystem Users to use such Services.
- 7.4. The Company does not assume any obligations and does not bear any responsibility for any direct or indirect consequences of any use or inability to use the Xabo Network Ecosystem, including as a result of the loss by the User of access to the Xabo Network Ecosystem Account, and/or the accounts of the Services, and/or damage caused to the Xabo Network Ecosystem User and/or third parties as a result of any use, non-use or inability to use Xabo Network Ecosystem Services and/or tools, including due to temporary or permanent loss of access to the Xabo Network Ecosystem Account for any reason, possible errors or malfunctions of Xabo Network Ecosystem Services and tools, except as expressly provided for by the laws
- 7.5. The Company ensures functioning and serviceability of the Xabo Network ID and undertakes to promptly restore its serviceability in event of technical failures and interruptions. The Company is not responsible for temporary failures and interruptions in the operation of Xabo Network ID and the loss of information caused by such events.
- 7.6. Nothing in this Agreement provides the User with the right to use the Company name, trademarks, domain names and other distinguishing marks of the Company. The right to use the Company name, trademarks, domain names and other distinguishing marks of the Company may be granted only on the basis of the written agreement concluded with the Company. The Company has the right to manage statistical information related to the operation of the Xabo Network Ecosystem, as well as information from Xabo Network Ecosystem Users in order to provide targeted display of advertising information to various audiences of Xabo Network Ecosystem Users and/or Xabo Network Ecosystem Services. For the purposes of organizing the operation and technical support of the Xabo Network Ecosystem and the performing of this Agreement, the Company has the technical possibility to access accounts, which it implements only in events specified by this Agreement.
- 7.7. Xabo Network Ecosystem Services and tools have the right to send information to the User on the development of the Xabo Network Ecosystem, Xabo Network Ecosystem Services and tools, their functionality, as well as advertise their own activities. Xabo Network Ecosystem User agrees to receive electronic messages, SMS and other types of newsletters, including materials with advertising and informational content, through Xabo Network Ecosystem Services and tools.
- 8.1. If the court invalidates any provision of this Agreement or declares it as unenforceable, then this does not entail the invalidity or unenforceability of other provisions of this Agreement.
- 8.2. This Agreement is governed and interpreted in accordance with the laws. Issues not settled through this Agreement shall be resolved in accordance with the legislation.
- 8.3. All disputes between the parties under this Agreement shall be subject to resolution through correspondence and negotiations using the mandatory pre-trial (claim) procedure.
- 8.4. Appeals, offers and claims from individuals and legal entities to the Company in connection with this Agreement and all questions regarding the operation of Xabo Network Ecosystem, violations of the rights and interests of third parties when using the Xabo Network Ecosystem, as well as requests of persons authorized under the legislation, can be sent to the mailing address of V Kontakte, LLC specified in Clause 1.1 of this Agreement.