These Terms of Service ("Terms") govern your use of the XCloudPhone Cloud Phone software platform ("Service"), provided by XCLOUDPHONE TECHNOLOGY AND SOLUTIONS COMPANY LIMITED ("XCloudPhone," "we," "us," or "our"). Please read these Terms carefully. By registering for an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions set forth in this agreement.
1. Acceptance of Terms
This agreement is a legally binding contract between you and XCloudPhone. If you do not agree with any part of these Terms, you must cease using the Service immediately. Your continued use of the Service will be deemed as your unconditional acceptance of these Terms and any updates thereof.
2. Description of Service
XCloudPhone is a software platform that provides virtualized Android instances in the cloud ("Cloud Phone"). The Service is designed to allow users to install and operate mobile applications remotely for lawful purposes. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee that the Service will always be available, uninterrupted, or error-free.
3. User Accounts
A. Registration and Responsibility
You must provide accurate and complete information when registering for an account. You are solely responsible for maintaining the confidentiality of your login credentials (email, password) and for all activities that occur under your account. You must notify us immediately of any unauthorized use. XCloudPhone is not liable for any loss arising from your failure to secure your account information.
B. Age Requirement
Our Service is not intended for individuals under the age of 16. By creating an account, you confirm that you are 16 years of age or older.
4. Acceptable Use and Strictly Prohibited Conduct
You are obligated to use the Service responsibly and in compliance with the law. Any violation of the rules below will result in immediate account suspension or termination without prior notice and without any refund.
A. Unlawful Purposes
It is strictly forbidden to use the Service to perform, assist, or conceal any act that violates the laws of the Socialist Republic of Vietnam and/or international law, including but not limited to: fraud, money laundering, cyber-attacks, terrorism, spreading false information, or anti-state activities.
B. System and Network Abuse
The following activities are strictly prohibited:
- Using the Service to conduct Denial-of-Service (DDoS) attacks, port scanning, or any form of harm to our systems or those of a third party.
- Distributing viruses, trojans, malware, or any other malicious software.
- Engaging in email spamming or mass messaging activities.
- Using the Service for the purpose of cryptocurrency mining.
C. Violation of Intellectual Property and Third-Party Terms
You may not use the Service to:
- Store, distribute, or transmit any content that infringes on copyright, trademark, or other intellectual property rights.
- Use cheating tools, hacks, or modified applications (modded APKs) that violate the terms of service of game publishers or other application providers. You are solely responsible to the application publisher for any of your violations.
XCloudPhone reserves the right to cooperate and provide necessary information to law enforcement authorities upon a lawful request to investigate user violations.
5. Service Fees, Payment, and No-Refund Policy
A. Service Fees
Fees for using the Service are based on a Pay-As-You-Go model. You add funds to your account, and the system deducts charges based on actual usage time. The price list is publicly available on our website.
B. No-Refund Policy
All funds deposited into an XCloudPhone account are non-refundable under any circumstances. We encourage users to deposit a small amount to experience and evaluate the suitability of the Service before deciding to deposit a larger sum. Your act of depositing funds signifies your acceptance of this no-refund policy.
6. Intellectual Property Rights
The XCloudPhone software platform, including its source code, interface, design, logos, and trademarks, is our exclusive intellectual property. You are granted a limited, non-exclusive, non-transferable license to use the Service. You are not permitted to reverse engineer, decompile, or attempt to extract the source code of the software.
7. Suspension and Termination
We reserve the absolute right to suspend or permanently terminate your account without prior notice and without any obligation to refund any remaining account balance if we have reason to believe you have violated any term of this Agreement. Upon termination, all your data on the Service may be permanently deleted.
8. Disclaimer of Warranties
The Service is provided "AS IS". We make no warranties, express or implied, regarding the suitability, reliability, availability, or accuracy of the Service. You agree that your use of the Service is at your sole risk.
9. Limitation of Liability
In no event shall XCloudPhone be liable for any indirect, incidental, special, or consequential damages (including loss of data, loss of profits, or business interruption) arising out of the use or inability to use the Service, even if we have been advised of the possibility of such damages. Our maximum liability to you for any and all claims shall not exceed the total amount you have paid to us within the three (3) months preceding the claim.
10. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Socialist Republic of Vietnam. Any dispute or claim arising out of or in connection with this Agreement shall be resolved in the competent People's Court in Ho Chi Minh City.