Terms of Use

These Terms of Use contain the rules and regulations for the use of the Chain Development SRL (“Chain Development,” “we”, or “us”) SXV application (“SXV”).

By utilizing SXV, including without limitation, to record, edit, and store videos, you accept these Terms of Use in full; you may not use SXV if you do not accept all the terms and conditions stated herein.

Furthermore, usage of the music made available in SXV (“SXV Music”) is subject to the License and SXV usage is subject to the Privacy Policy.

You agree that we can download and install updates to SXV on your device in keeping with your device’s settings and the applicable application store’s update policies.

Content

SXV provides you with the ability to create text, files, images, photos, video, works of authorship, and other content (“Content”). Chain Development does NOT claim ANY ownership rights in your Content. As between you and Chain Development, you own all rights in and to your Content.

You represent and warrant that you have independently created the Content or that you otherwise have the rights to use the Content in connection with SXV. You are solely responsible for all the Content you create using SXV.

You grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to reproduce, prepare derivative works based upon and digitally transmit your Content, and to otherwise use your Content to provide the functionality available in SXV, in each case, in keeping with your privacy and application settings.

We retain the right remove any Content or information you share on SXV for any reason or no reason, including, without limitation, if we believe that it violates these Terms of Use or any of our other policies.

Your Responsibilities

It is your responsibility to make sure your use of SXV is legal where you use it. If you use any music other than SXV Music, you are solely responsible for acquiring the appropriate rights to both the underlying musical composition and the sound recording.

Modifications to These Terms

Chain Development reserves the right to alter these Terms of Use at any time in its sole discretion. When we make material changes to these terms, we will provide you with prominent notice in SXV. Please check the date at the top of these Terms of Use to see when they were last revised.

Your continued use of SXV after such notification of changes to the Terms of Use will constitute your agreement with and acceptance of such changes. You may stop using SXV under the new version if you object to the changes.

Intellectual Property

SXV and the SXV Music (collectively, “SXV Intellectual Property”) is or maybe protected by copyright, trademark, patent, trade secret and other laws. Chain Development owns and retains all rights in the SXV Intellectual Property. We reserve all rights not expressly granted herein.

Disclaimer of Warranty

SXV IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. YOU USE SXV AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER CHAIN DEVELOPMENT NOR ANY OF ITS LICENSORS MAKES ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND SXV AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitations of Liability

Chain Developments’ liability for anything that happens in connection with SXV is limited as much as the law will allow. In particular, in no event shall Chain Development be liable for any loss or damages, including, without limitation, any direct, indirect, punitive, special, incidental or consequential loss or damage, lost profits, revenues, information, or data (even if we are aware such losses are possible), arising out of or related to:

  • • Your access to or inability to access SXV and/or your use of SXV;
  • • Any third party's conduct, content, information or data;
  • • Personal injury or property damage, of any nature whatsoever, resulting from your access to and/or use of (or your inability to access or use) SXV, including, without limitation, any damage caused to your computer or software or information stored thereon;
  • • Any content that is made public through SXV; and/or
  • • Any unauthorized access to or use SXV and/or all personal, private,and/or other information stored therein.

Chain Developments’ maximum aggregate liability arising out of or related to these Terms of Use will not exceed the greater of $100 and the amount you’ve actually paid us over the past year.

Indemnity

You agree to indemnify, hold harmless and at Chain Development’s request, defend Chain Development, its officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or in any way connected with your breach of these Terms of Use or your posting of Content, including, without limitation, any claim that the Content infringes the rights of a third party or defames a third party.

Governing Law and Disputes

These Terms of Use shall be construed in accordance with and governed by the laws of England and Wales, without reference to rules regarding conflicts of law that would cause the application of the laws of any other jurisdiction to the rights and duties of the parties.

All disputes arising out of or in connection with these Terms will be settled by binding arbitration conducted before a single arbitrator in Amsterdam, The Netherlands in the English language, administered by the International Centre for Dispute Resolution under its International Arbitration Rules.

Any award issued as a result of such arbitration shall be binding and enforceable in courts of applicable jurisdiction. Notwithstanding the foregoing, you agree that Chain Development may seek injunctive remedies (or an equivalent type of urgent legal relief) in the courts of any jurisdiction.

Language

These Terms were originally written in English. To the extent any translated version of these Terms conflicts with the English version, the English version controls.

Miscellaneous

These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Chain Development.

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision.

You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction.

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire agreement between you and Chain Development relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Chain Development relating to such subject matter.

Notices to you may be made through SXV or by other reasonable means, in Chain Development’s discretion.

Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Chain Development will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Support and Contact

If you have any questions concerning SXV or these Terms of Use, the Privacy Policy, or the License, please contact us by email at contact@sxv.app.

Last Updated: 19 November 2020

©2022 SXV, Chain Development SRL.