XOKAMI TERMS OF SERVICE

Last updated: April 5, 2026

Xokami (together with any affiliates, the “Company,” “Xokami,” “we,” “us” or “our”) owns and operates mobile apps, games, websites, and interactive services (collectively, the “Apps”). These Terms of Service (“Terms”) apply to the Apps and to all of the features, mobile applications, emails, online services and other functionalities available via or related to the Apps (collectively, the “Services”). These Terms constitute a binding contract between you, an individual user (“you”) and the Company governing your use of the Services.

BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MUST NOT ACCESS OR USE THE SERVICES.

1. Acknowledgment

These Terms govern the use of the Services and the agreement that operates between you and the Company. These Terms set out the rights and obligations of all Users (“Users”) regarding the use of the Services.

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms and Conditions apply to all Users and others who access or use the Services.

By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of these Terms and Conditions then You may not access the Services.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when You use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read Our Privacy Policy carefully before using Our Service.

2. License

Subject to your complete and ongoing compliance with these Terms, Xokami hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free license to access and use the Services, solely for your non-commercial use and strictly in the manner set forth in these Terms. Unless otherwise specified in writing, the Services are solely for your personal use and not for resale. Xokami reserves the right at all times and without notice to: (i) restrict and/or terminate your access to the Services (or any portion thereof); and (ii) modify or discontinue providing the Services (or any portion, features or functionalities thereof). You acknowledge and agree that, except as required by law, Xokami will not be liable to you or to any third party for any modification, suspension or discontinuance of all or any portion of the Services. If you are dissatisfied with any changes to the Services, then your sole option is to discontinue or terminate your use of the Services as described herein.

3. Your Responsibilities

You may use the Services solely for lawful purposes and solely as intended through the provided functionality of the Services. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services, the accounts of other Users, or computer systems or networks, through hacking, password mining, or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):

  1. use, copy, install, transfer, or distribute the Services, except as specifically permitted by these Terms;
  2. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services or its content;
  3. remove or alter any copyright, trademark, or other proprietary rights notices contained in or on the Services or in or on any content (including Content) or other material obtained through the Services or the use of the Services;
  4. use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process, or means to access, retrieve, or index any portion of the Services or any Content available through the Services;
  5. probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  6. transmit (i) any content or information that is abusive, defamatory, libelous, fraudulent, obscene, threatening, unlawful, or otherwise objectionable (“Objectionable Content”), or infringes on our or any third party’s intellectual property or other rights; (ii) any material, non-public information about individuals or companies without the authorization to do so; (iii) any trade secret of any third party; and/or (iv) any advertisements, chain letters, investment opportunities, pyramid schemes, solicitations, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
  7. transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
  8. undertake, cause, permit, or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Services, including content, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the Services’ authorized features, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by Xokami;
  9. access, tamper with, or use non-public areas of the Services, Xokami’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Xokami’s providers;
  10. harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Xokami employees and other Users, through Objectionable Content or otherwise;
  11. create a new Account with Xokami, without Xokami’s express written consent, if Xokami previously disabled an Account of yours;
  12. solicit, or attempt to solicit, personal information from other Users, except as permitted through the Services’ functionality;
  13. gain unauthorized access to the Services, to other Users’ Accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Services;
  14. use the Services for any commercial purpose, except with Xokami’s prior express written consent;
  15. violate any applicable federal, state, or local laws, applicable regulations or these Terms;
  16. use the Services for any illegal, inappropriate, and/or unauthorized conduct, including without limitation, using the Services to contact other Xokami Users for sexual or other inappropriate purposes, or using the Services in violation of Xokami’s or any third party’s intellectual property or other proprietary or legal rights; or
  17. assist, encourage, or permit any person in engaging in any of the activities described above.

We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms. We may disclose violations of these Terms to governmental authorities in our sole discretion in order to enforce our rights, the rights of third parties, or to prevent injury or harm to any person.

4. Eligibility

IN THE UNITED STATES, THE SERVICES ARE NOT FOR PERSONS UNDER THE AGE OF 13. FOR USERS OUTSIDE OF THE UNITED STATES, THE SERVICES ARE NOT FOR PERSONS UNDER THE AGE FOR WHICH RULES APPLY ON AN AGE-BASED BASIS FOR THE COLLECTION OF DATA (“Restricted Age”). IN ALL CASES, THE SERVICES ARE NOT FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY XOKAMI. IF YOU ARE UNDER 13 YEARS OF AGE IN THE UNITED STATES OR THE RESTRICTED AGE IN THE TERRITORY WHERE YOU RESIDE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by using the Service, you affirm that either you are at least 18 years of age or have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age and entered into these Terms on your behalf.

5. Billing and Payments

To the extent that you are using one of our Apps that requires payment, you shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange between the Mobile Application and its Users happens over an SSL-secured communication channel and is encrypted and protected with digital signatures. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

6. Links to Other Websites

We are not responsible for any products and offers from third parties provided to you when using any of our Apps. We do not endorse, warrant or guarantee the products or services that are displayed through offers and other advertised links to third-party websites. We are not an agent, distributor, re-seller, broker or otherwise responsible for third-party merchants or the activities or policies of those merchant websites, or the products or services available on them. We do not promise or guarantee that the product details, prices, or other service terms, rates or rewards offered by any particular advertiser or other third party are the best prices, best terms or lowest rates available in the market.

When you access third-party websites through us, you accept that there are risks in doing so, and that we are not responsible for such risks. We encourage you to be aware when you are on a third-party merchant website and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices or opinions expressed in any third-party websites or by any third-party. In addition, we will not and cannot monitor, verify, censor or edit the content of any third-party site or service.

7. Consent to Electronic Communications

By using the Services or providing personal information to us, you agree that we may communicate with you electronically (e.g., by posting a notice on the Services or sending an email to you) regarding security, privacy, and administrative issues relating to your use of the Services as well as to keep you informed about the Services. If we learn of a security system’s breach, then we may attempt to notify you electronically by posting a notice on the Services or sending an email to you, if we have your email address. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please contact us at .

SMS Text Messages and Push Notifications. When you register on one of our Apps, we may send you an SMS text message containing a code in order to verify your phone number and may send SMS text messages and push notifications (“Messages and Notifications”) in order to keep you informed about the Services. By using the Services, you agree to receive Messages and Notifications regarding your use of the Services. SMS text messages are for informational purposes only. While Messages and Notifications are intended to enhance your use of the Services, you may (i) disable push notifications on your device; and/or (ii) reply to the message “STOP” to remove yourself from our text message database.

  1. If you wish to remove yourself from any list (other than as set forth in the preceding paragraph), then please follow the unsubscribe instructions provided in any of our communications.
  2. Depending on your phone carrier plan, you may incur charges for these Messages and Notifications and agree to not hold Xokami liable for any charges incurred. You acknowledge that any terms between you and any third-party provider (such as, for example, Apple®, Android™, or Verizon) create no obligation or responsibility on the part of Xokami, and we are not responsible for any failure of warranty by any such third party.
  3. We cannot control certain factors relating to message delivery. You acknowledge that, depending on your phone carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.

8. Term and Termination

  1. Term. The term of these Terms (the “Term”) will commence on the date on which you first access or utilize the Services in any way (the “Effective Date”) and will continue so long as you continue to access or utilize the Services; provided that Xokami reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms including, without limitation, the suspension or termination of the User’s access and/or Account, or blocking the User from access to the Service. Xokami may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Xokami reserves the right at all times to disclose any information as Xokami deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to Post, or remove any information or materials, in whole or in part, in Xokami’s sole discretion.
  2. Termination. Xokami may terminate your access to the Services at any time without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

9. Intellectual Property

All trademarks, service marks, product names, and trade names of the Company appearing on or through the Services are exclusively owned by the Company. All other trademarks, service marks, product names, copyrights and logos appearing on or through the Services are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Services without the owner’s prior written consent. The Company is the exclusive owner of the Services and any software component or technology incorporated therein. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. All content included in the Services is the property of the Company or its respective licensors or content suppliers and is protected by United States and international copyright laws.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

EACH USER IS SOLELY RESPONSIBLE FOR (I) HIS OR HER USE OF THE SERVICES; AND (II) ANY DAMAGES INCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE SERVICES. THE AGGREGATE LIABILITY OF THE XOKAMI PARTIES (AS DEFINED IN SECTION 12 BELOW) FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, WILL BE LIMITED TO ACTUAL DAMAGES PROVED, AND WILL NOT EXCEED THE AMOUNT PAID BY YOU TO XOKAMI FOR THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, NONE OF THE XOKAMI PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, EVEN IF XOKAMI OR ITS CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SERVICES AND THE POSSIBLE RISKS INVOLVED IN USING THE SERVICES. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW:

THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, THE SERVICES MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO, AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD PARTY INTERCEPTION AND MODIFICATION. XOKAMI DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR NON-INFRINGEMENT; AND ANY WARRANTY ARISING OUT OF A COURSE OF DEALING, USAGE, OR TRADE. XOKAMI DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES OR ANY CONTENT OFFERED THROUGH THE SERVICES, WILL BE SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND XOKAMI DOES NOT WARRANT THAT ANY OF THOSE WILL BE CORRECTED. NONE OF THE XOKAMI PARTIES (AS DEFINED IN SECTION 12 BELOW) WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICES. XOKAMI CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE OR THE INTERNET, OR FOR YOUR MISUSE OF ANY OF CONTENT AND INFORMATION ACCESSED THROUGH THE SERVICES. XOKAMI IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SERVICES AND YOUR DEALING WITH ANY OTHER USER. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND YOUR RELIANCE UPON ANY OF THE PROPRIETARY MATERIALS, THE SERVICES, OR THE CONTENTS THEREOF IS AT YOUR SOLE RISK AND THAT XOKAMI IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

12. Third Party Disputes

XOKAMI IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE, OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE XOKAMI AND ITS AFFILIATES AND XOKAMI’S AND ITS AFFILIATES’ OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND ASSIGNS (THE “XOKAMI PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

13. Dispute Resolution

  1. Generally. In the interest of resolving disputes between you and Xokami in the most expedient and cost effective manner, you and Xokami agree that any dispute arising out of or in any way related to these Terms or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND XOKAMI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
  2. Exceptions. Despite the provisions of Section 13.1 above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of law; or (iv) file suit in a court of law to address an intellectual property infringement claim.
  3. Arbitrator. Any arbitration between you and Xokami will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Xokami. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
  4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by email within the applicable statute of limitations period (“Notice”). Xokami’s contact for Notice is: Raphael G., email , telephone +1 925 231 5059. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Xokami may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Xokami must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by Xokami prior to selection of an arbitrator, then Xokami will pay you the highest of the following: (X) the amount awarded by the arbitrator, if any; (Y) the last written settlement amount offered by Xokami in settlement of the dispute prior to the arbitrator’s award; or (Z) $15,000.
  5. Fee. If you commence arbitration in accordance with these Terms, then Xokami will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon between you and Xokami or as the AAA Rules otherwise provide, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Xokami for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
  6. No Class Actions. YOU AND XOKAMI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN CLAIMS WHICH ARE NOT COVERED BY THIS SECTION). Further, unless both you and Xokami agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  7. Modifications to this Arbitration Provision. Except as otherwise provided in these Terms, if Xokami makes any future change to this arbitration provision, other than a change to Xokami’s contact information for Notice, then you may reject the change by sending us written notice within 30 days of the change to , in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Xokami. If you do not send such written notice, then your continued use of the Service following any such change means that you have consented to such change.
  8. Enforceability. If the subsection above titled “No Class Actions” is found to be unenforceable or if the entirety of this Section is found to be unenforceable, then the entirety of this Section 13 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to these Terms or your use of the Service.

14. Governing Law; Choice of Forum

The laws of the State of California, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in the State of California and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.

15. Indemnification and Release

  1. To the fullest extent permitted by law, you will defend, indemnify, and hold the Xokami Parties harmless against any loss or damage of any kind (including, without limitation, reasonable accounting and attorneys’ fees and lost revenues) arising from: (i) any and all breaches by you of these Terms or any representation, warranty, or covenant contained herein; (ii) any and all use of the Services; and (iii) any and all claims and actions against Xokami by other parties to whom you allow access to the Service.
  2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.

16. Feedback

While we are continually working to develop and evaluate our own product ideas and features, we know we don’t have all the answers. We therefore welcome your feedback, comments, and suggestions. If you choose to contribute by sending Xokami or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Xokami, you agree that:

  1. Xokami has no obligation to review, consider or implement your Feedback, or to return to you all or part of any Feedback for any reason;
  2. Feedback is provided on a non-confidential basis, and Xokami is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
  3. You irrevocably grant Xokami perpetual and unlimited permission to Use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

17. Miscellaneous

  1. Entire Agreement; Variation. These Terms set forth the entire agreement between Xokami and you with respect to the Services. These Terms supersede and govern all previous oral and written communications regarding these matters, all of which are merged into these Terms. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these Terms.
  2. Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, then such provisions will be modified, or, if not possible, severed, to reflect the fullest valid, legal, and enforceable expression of the intent of the parties and the remainder of these Terms will not be affected thereby.
  3. Relationship of Parties. Nothing herein will be deemed to create an employer-employee relationship between Xokami and you, nor any agency, joint venture, or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.
  4. Waiver. No delay, omission, or failure to exercise any right or remedy provided herein will be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.
  5. Assignment. Neither these Terms nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of Xokami and any attempt to do so will be null and void. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your device prior to such disposition. However, Xokami may assign or transfer these Terms at any time without your permission. These Terms will inure to the benefit of our successors and assigns.
  6. Contact Us. If you would like to contact us in connection with your use of the Services, please contact Raphael G. by email at or by telephone at +1 925 231 5059.

18. Open Source Software

The Apps may contain certain open source software. Each item of open source software is subject to its own applicable license terms.

19. Notice Regarding Apple

If you access the Services on an iOS device, you acknowledge that these Terms are between you and Xokami only, not with Apple, and Apple is not responsible for the Services or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Service to you; and, to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Xokami provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.

20. Force Majeure

Xokami will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond Xokami’s reasonable control, such as, by way of example and not limitation, strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action, in so far as such an event prevents or delays Xokami in fulfilling its obligations hereunder.