These Terms of Use ("Terms") govern your access to and use of the website, products, and services provided by Myxabl LLC ("MyXABL"). By accessing or using MyXABL’s website, products, or services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are accessing or using MyXABL on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and you agree to these Terms on behalf of the organization.
If you have any questions regarding these Terms, please contact us before using our services.
All content available on the MyXABL platform is protected under applicable intellectual property laws. The Service encompasses various categories of content, each subject to distinct intellectual property protections. Unauthorized use, reproduction, distribution, or modification of any content without explicit written permission from respective owners is prohibited and may result in legal action.
You may use the MyXABL platform to back up, host, store, and share files that you own. All materials you upload to MyXABL remain your sole property. By uploading materials to MyXABL, you grant us a limited, non-exclusive license to store, display, reproduce, and distribute your materials solely to the extent necessary to provide our services.
MyXABL will not sell your stored files to third parties nor use them for advertising purposes. Your files will only be disclosed in the limited circumstances specified in our Privacy Policy.
Your use of MyXABL’s services must comply with these Terms, applicable MyXABL policies, and all relevant laws, including, but not limited to, export control laws and regulations, privacy laws, intellectual property laws, and third-party legal rights. You are solely responsible for the creation, content, and use of the files you upload to MyXABL and assume all associated risks, including any potential intellectual property or other legal claims.
By storing files with MyXABL, you represent and warrant that you possess all necessary rights to store, use, and, where applicable, publicize those materials. You further confirm that your actions do not conflict with, infringe upon, or misappropriate third-party legal rights, violate any licenses you may have granted to others, contravene any applicable laws or regulations, or breach MyXABL’s Terms or policies.
Our services allow you to share and/or distribute files with/to others; this capability is under your sole control and discretion. You are responsible for implementing appropriate measures to secure and protect your account and files. This includes, but is not limited to, properly configuring our services and using encryption to prevent unauthorized access to your files when applicable. Exercise caution in selecting which files to share.
MyXABL does not actively monitor the files you upload, download, or share. However, we reserve the right, at our sole discretion, to remove any files stored on MyXABL and/or suspend your account access if we become aware that your use of our services or any stored files violate MyXABL’s Terms, policies, or applicable law, such as through copyright infringement, unlawful content, or malware-related issues.
MyXABL assumes no liability for any content stored by you or any other users. Additionally, you represent and warrant that all information provided during account registration, setup, and ongoing use is accurate, complete, and authorized by the account holder.
MyXABL’s content, software, and brand features are protected by copyright, trademark, and other intellectual property laws. MyXABL grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided by MyXABL solely for the purpose of accessing and using the service in accordance with these Terms. This license may be revoked if you violate any of these Terms.
All rights to MyXABL’s content, excluding third-party content, are the exclusive property of MyXABL and its licensors. Nothing in these Terms grants you any rights to use MyXABL’s trademarks, logos, domain names, or other distinctive brand features, except as otherwise permitted by law.
To maintain the integrity and quality of MyXABL’s services, we require users to comply with the following restrictions. MyXABL reserves the right to suspend or permanently terminate your account without prior notice if you engage in activities that violate these Terms or any applicable policies, including, but not limited to:
In the event that MyXABL suspends or terminates your account due to a violation of these Terms, any fees paid up to that point shall be non-refundable. Furthermore, you remain fully responsible for any outstanding fees or charges associated with your account at the time of closure. MyXABL reserves the right to delete any data associated with your account upon termination. All fees paid for MyXABL’s services are unequivocally non-refundable, irrespective of the circumstances surrounding the termination of your account.
MyXABL is committed to continually enhancing our services and, as such, reserves certain rights. In our sole discretion, we may, at any time and with or without prior notice, modify, restrict, suspend, or terminate access to our services, as well as modify, suspend, or terminate any user account.
If you fail to make timely payments for our services or violate any of these Terms or applicable policies, we reserve the right to suspend or terminate your account and may delete your data without further notice. MyXABL shall not be liable for any damages arising from such actions.
MyXABL may occasionally release products and features that are still in the testing and evaluation phase (“Early Access Software and Services”). Early Access Software and Services may be labeled as “alpha,” “beta,” “preview,” “early access,” “evaluation,” or other similar terms, and may not possess the same level of reliability as MyXABL’s standard services. Users should be aware that Early Access Software and Services may not work as described or expected and could potentially lead to data loss. The provision of Early Access Software and Services is, in part, for the purpose of collecting user feedback; by utilizing our Early Access Software and Services, you consent to being contacted by MyXABL for feedback purposes.
All information related to Early Access Software and Services is deemed confidential until such time as the services are officially launched. By using any Early Access Software and Services, you agree not to disclose any information regarding these services to any third party without the explicit prior permission of MyXABL.
MyXABL shall not be held responsible and/or liable for any issues, damages, or losses arising from your use of Early Access Software and Services, including but not limited to, any data loss, service interruptions, or any other consequences that may result from the use of these services.
MyXABL may contain links to websites, services, and advertisements that are not owned or controlled by MyXABL. We do not endorse, nor do we assume any responsibility for, any third-party websites, information, materials, products, or services. Your access to and use of such third-party sites and services are at your own risk, and MyXABL shall not be liable for any damages or losses arising from your interactions with these third parties.
Our Privacy Policy governs the collection and use of your personal information. We encourage you to review those provisions carefully. By using our services, you represent that you have provided all necessary privacy notices and obtained all requisite consents from relevant parties. You are solely responsible for the storage and use of your files in compliance with all applicable data privacy laws and regulations.
MyXABL is committed to maintaining the security of its services and takes this matter very seriously. For further information regarding our security measures, please refer to our Privacy Policy.
You may receive messages for the purpose of verifying your phone number and authenticating your login, should you choose to utilize this feature. Messages may be sent from a designated short code for U.S. numbers and from standard numbers for international customers, as well as in response to requests for code resends. Please be advised that standard message and data rates may apply to these communications.
MyXABL is designed exclusively for users who are 13 years of age or older. In the event that we discover an account has been created by an individual under the age of 13, we will take immediate action to terminate that account in compliance with applicable laws and regulations. We encourage parents and guardians to monitor their children's online activities and ensure that they comply with our age requirements.
MyXABL's Copyright Policy is designed to comply with the provisions of the Digital Millennium Copyright Act (DMCA). For additional information regarding our policies and procedures related to copyright infringement, please refer to our Copyright Policy.
If you use MyXABL for a business, organization, or any other collective entity, you are obligated to manage your account in compliance with your group's internal policies and procedures. Should you be utilizing a MyXABL service set up by a designated group administrator, please be aware that this administrator may have the authority to access, restrict, terminate, or remove information from your MyXABL account as they deem necessary to uphold organizational standards and security protocols. MyXABL shall not be held liable or responsible for any actions taken by the group administrator in the course of managing your account.
Upon creating a MyXABL account, you are required to establish your account credentials, which consist of an email address and a password that you select. Additionally, you may choose to configure an extra layer of security for your account, such as Text messaging, a Private Encryption Key, security questions, biometric authentication, or backup codes.
You bear sole responsibility for accurately maintaining and safeguarding your account credentials. This includes the protection of any devices, keys, codes, or other authentication methods associated with the second factor if you choose to enable such features. To log in to your account and gain access to your files, you must provide valid account credentials, including any second factor you have previously configured. MyXABL is under no obligation to grant you access to your account or your files if you are unable to present the appropriate account credentials, including any configured second factor.
It is essential to exercise caution in managing your account information to prevent unauthorized access and to ensure the security of your data.
You may cancel your MyXABL service and subsequently delete your MyXABL account at any time by signing in to your account. To initiate the cancellation of your MyXABL service, you must log in to your account and remove all files stored within our system. Upon cancellation of your MyXABL service, you will no longer incur charges for the canceled service, except for any outstanding amounts due.
Please be advised that your canceled service information will remain accessible until you choose to delete your account. Once you proceed with the deletion of your account, all associated information, including your email address, any other personal details, and all stored data, will be permanently removed from our active systems. This account deletion is permanent and cannot be reversed. As a result, you will no longer have access to your account or any of its contents.
MyXABL services are provided on an "as is" basis, without any warranties of any kind, whether express or implied. This means that while we strive to provide high-quality services, we do not guarantee that our services will be error-free, uninterrupted, or meet your specific needs or expectations.
To the fullest extent permitted by applicable law, MyXABL expressly disclaims all warranties and conditions, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. This includes any implied warranties that may arise from your use of the services or any related materials.
Please be aware that some jurisdictions do not permit the exclusion of certain warranties or conditions, which may limit the applicability of this disclaimer to you. In such cases, MyXABL's liability will be limited to the greatest extent allowed by law.
By using MyXABL services, you acknowledge that you understand and accept these disclaimers, and that you assume all risks associated with your use of the services. We encourage you to review our terms and conditions and to reach out with any questions or concerns regarding our services.
To the fullest extent permitted by applicable law, MyXABL shall not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, any loss of profits or revenues, whether incurred directly or indirectly, as well as any loss of data, use, goodwill, or other intangible losses arising from or related to:
(A) Your access to, use of, or inability to access or use MyXABL services;
(B) Any third-party conduct or content on MyXABL, including, but not limited to, any defamatory, offensive, or illegal actions by third parties; or
(C) Any unauthorized access to or use of your content, or any unauthorized alteration of such content.
This limitation of liability applies regardless of the theory of liability, whether in contract, tort (including negligence), or any other legal theory, even if MyXABL has been advised of the possibility of such damages.
Please note that some jurisdictions do not allow the exclusion or limitation of certain damages, so this provision may not apply to you. In jurisdictions where such limitations are not permitted, MyXABL’s liability shall be limited to the maximum extent permitted by law.
By using MyXABL services, you acknowledge and agree to these limitations of liability, and you assume all risks associated with your use of the services.
In our commitment to resolving disputes fairly and efficiently, we encourage you to reach out to us directly with any issues you may encounter with MyXABL. We will engage in good faith efforts to address and resolve your concerns promptly.
If we are unable to reach an informal resolution and you are a resident of or have your principal place of business in the United States or Canada, you and MyXABL agree to resolve any claims or disputes exclusively through final and binding arbitration. This agreement extends to claims against MyXABL's affiliates, as well as its officers, directors, employees, and agents.
You and MyXABL will submit any dispute to a single arbitrator, who will conduct the arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA), including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes. Alternatively, the parties may mutually agree to utilize a different arbitration institution. Detailed information about the AAA's rules and the arbitration process can be found at www.adr.org.
The location of the arbitration and the allocation of fees and costs will be governed by the AAA rules. However, MyXABL agrees to reimburse you for all AAA administrative fees in disputes that fall under the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a claim or counterclaim was filed for the purpose of harassment or is deemed patently frivolous. The arbitrator’s award shall include costs of arbitration, reasonable attorneys’ fees, and reasonable expenses for expert witnesses and other necessary witnesses.
In cases where your claim for damages does not exceed $10,000, MyXABL will cover all reasonable filing, administrative, and arbitrator fees, provided that the arbitrator determines your claim to be non-frivolous. The decision rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction.
The Federal Arbitration Act governs all disputes arising between you and MyXABL. The arbitrator will determine the arbitrability of any dispute. If you choose to opt out of this arbitration agreement (as described below), or if this arbitration agreement is found to be unenforceable, or if you are neither a resident nor do you have a principal place of business in the United States or Canada, you agree that any claims you have against MyXABL must be resolved exclusively in the courts located in the state of Wyoming. You further consent to the personal jurisdiction of such courts for the purposes of litigating all disputes.
This provision does not restrict either party from seeking injunctive or other equitable relief from the courts in matters related to data security, intellectual property rights, or unauthorized access to MyXABL's services.
To the fullest extent permitted by law, you agree to file any claims against MyXABL within 3 months after the claim arises. Failure to do so will result in your claim being permanently barred.
You and MyXABL mutually agree that any disputes arising between the parties shall be handled exclusively on an individual basis. Neither party shall bring claims on behalf of a class or in a representative capacity, nor shall either party engage in a class action, class-wide arbitration, or any consolidated claims involving another individual's account. Furthermore, you and MyXABL acknowledge and agree that claims subject to arbitration under this agreement cannot be combined with claims that are ineligible for arbitration.
Additionally, both you and MyXABL expressly waive the right to a trial by jury for all disputes arising from or related to this agreement. This waiver is intended to ensure that all matters are resolved in a manner that promotes efficiency and expediency, reflecting our commitment to a streamlined dispute resolution process.
You have the right to opt out of the arbitration agreement described herein. If you choose to exercise this right, neither you nor MyXABL shall have the obligation to engage in arbitration proceedings concerning any disputes arising under this agreement. To successfully opt out, you must provide written notice to MyXABL within 90 days from the date you first accepted these Terms.
Your written notice must include the following information:
You may submit your opt-out notice electronically by sending an email containing all the required information to: [email protected]. Please ensure that your notice is complete and submitted within the specified time frame to be considered valid.
You agree to indemnify, defend, and hold harmless MyXABL, its affiliates, and their respective officers, directors, employees, and agents from and against any and all liabilities, damages, losses, claims, and costs (including but not limited to settlement costs and reasonable attorneys’ fees) arising from any claim brought by a third party due to or arising out of:
(A) Files or data that you or your users store with MyXABL, including any claims related to the infringement of intellectual property rights, privacy rights, or any other legal rights;
(B) Any domains you own or operate that are associated with your use of MyXABL; or
(C) Your or your users’ use of MyXABL in a manner that violates these Terms, applicable laws, or regulations.
This indemnification obligation shall survive the termination of your account and these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws principles. In the event of any claims that are not subject to arbitration as outlined herein, both you and MyXABL agree to submit to the personal jurisdiction of the state courts located in the State of Wyoming or the United States District Court for the State of Wyoming. You and MyXABL further agree that any legal action or proceeding arising out of or relating to these Terms or your use of MyXABL shall be brought exclusively in such courts, and you waive any objection to the laying of venue in such courts.
These Terms, along with our Privacy Policy and Copyright Policy, constitute the complete and exclusive agreement between you and MyXABL regarding your use of our services. This agreement supersedes all prior agreements, understandings, and representations, whether written or oral, concerning the subject matter herein. If any provision of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, maintaining the integrity and enforceability of the overall agreement.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. The failure of MyXABL to enforce any right or provision of these Terms at any time shall not be construed as a waiver of that right or provision in any subsequent situation. Any waiver must be in writing and signed by an authorized representative of MyXABL to be effective.
The Terms may be updated or modified periodically to reflect changes in our practices, legal requirements, or service enhancements. The date of the most recent revisions will always be indicated at https://www.myxabl.com/terms-of-use. If we make changes that we believe will substantially affect your rights or obligations, we will provide you with notice of such changes. Your continued use of MyXABL following any modifications to the Terms constitutes your acceptance of those changes. It is your responsibility to review the Terms regularly to stay informed of any updates.
We value your questions, concerns, and feedback regarding these Terms and our services at MyXABL. Your input is important to us, as it helps us improve our offerings and address any issues you may encounter. If you have any inquiries, suggestions, or need clarification about any aspect of these Terms, please do not hesitate to reach out.
You can contact us at [email protected]. When reaching out, please provide as much detail as possible about your inquiry or suggestion, including your contact information, so we can respond to you promptly.
Our dedicated legal team is committed to reviewing and addressing all communications in a timely manner. We appreciate your engagement and look forward to assisting you to ensure that your experience with MyXABL is positive, secure, and compliant with our policies.