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🎄 Early Christmas Treats
Last Minute Shopping before Xmas
* Products
* Machines
* P Series
P Series View All
The 55W CO2 laser machine, perfect for cutting acrylic in a variety of
colors, offers powerful performance, turning your desktop into a mini
factory.
* NEW
xTool P2S & P2
The Best Desktop CO2 Laser Becomes Better
* xTool P+F Duo
Your Productive Business Duo
* S Series
S Series View All
Get next-level precision with Pinpoint™ tech, switchable modules for any
project, Class 1 safety, safe with kids and pets around, and a spacious
work area.
* xTool S1
Best choice for beginners
* xTool S1 Blue + 1064nm IR Laser Kit
* F Series
F Series View All
Fastest, most versatile xTool engraver. Ideal for store/craft fair
customization, batch engraving production, and 3D in-depth engraving (F1
Ultra only).
* New
xTool F1 Ultra
World First 20W Fiber & 20W Diode Laser Engraver
* xTool F1
Fast Portable IR & Diode Laser Engraver
* On Sale
xTool P+F Series Productive Duo
* M Series
M Series View All
Unlock endless creativity with the first machine that combines laser,
inkjet blade cutting and even printing, turning ideas into reality
effortlessly.
* Loved by DIYers
xTool M1 Ultra
The World's First 4-in-1 Craft Machine
* Up to 60% Off
xTool M1
Your First Craft Making Machine
* D Series
D Series View All
The best budget-friendly diode laser machines for home-use and small
businesses - include 5W, 10W, and 20W versions.
* Up to 58% Off
xTool D1 Pro 20W
5W to 20W Diode Laser
* Only $299
Refurbished xTool D1 Pro
Same Features, Better Price
* DIY Tools
DIY Tools View All
Discover xTool's DIY Tools, including the Screen Printer and Heat Press,
designed for effortless personalization and creative home projects.
* xTool Screen Printer
Bring colors to the laser world.
* NEW
xTool Heat Press
Versatile 3-in-1 Heat Press Machine Kit
* What's New
New Arrivals View All
* NEW
xTool SafetyPro™ AP2
Air Purifier with SuperCyclone System
* New
xTool SafetyPro™ IF2
Hyper Flow Inline Duct Fan
* New
xTool Heat Press
Versatile 3-in-1 Heat Press Machine Kit
* New
xTool F1 Pedal & Button Switch
Tailored for F1 enthusiasts
* New
xTool Screen Printer
Bring colors to the laser world
* New
Refurbished D1 Pro
starting at $299
* New
xTool Flexible Fixture
Boosts engraving productivity for irregular objects
* New
Gold to Black Two-Tone Acrylic Sheet
Holiday decor essentials
* New
40oz Pastel Blue Tumbler
Create stunning tumbler gifts with laser
* New
Colored Cardstock
Craft DIY Essentials
* xTool Accessories
P Series View All
* Automatic Conveyor Feeder for xTool P2S & P2
* Riser Base for xTool P2S & P2
* RA2 Pro for xTool P2S & P2
* Honeycomb Panel for xTool P2S & P2
S Series View All
* xTool S1 1064nm Infrared Laser Module
* xTool S1 40W Laser Module
* Riser Base for xTool S1
* Automatic Conveyor Feeder for xTool S1
* RA2 Pro for xTool S1
F Series View All
* xTool F1 Ultra Conveyor
* xTool F1 Pedal & Button Switch
* RA2 Pro for xTool F1 Ultra
* xTool F1 Slide Extension
* Desktop Air Purifier for xTool F1
M Series View All
* xTool M1 Ultra Ink Module
* Riser Base Kit for xTool M1 Ultra
* xTool M1 Ultra 20W Module Kit
* RA2 Pro for xTool M1 Ultra
D Series View All
* Air Assist Set for xTool D1 Pro
* xTool Extension Kit for D1 Pro
* 1064nm Infrared Laser Module
General Accessories View All
* NEW
xTool SafetyPro™ AP2
* NEW
xTool SafetyPro™ IF2
* xTool Fire Safety Set
* xTool Flexible Fixture
* xTool Materials
Materials View All
* View All
Your one-stop shop of material
* 20% Off Material Card
Maximizing your saving
* Hot
Tumbler
Stunning colors and endless styles
* Best Seller
Plywood
Smooth, durable, rigor-tested plywood
* Acrylic
Vibrant, versatile sheets for creation
* Metal
Enduring selection for engraving
* Jewelry
Exquisite personalized gifts
* PU
Ideal for personalizing decorations
* Material Package
Diverse possibilities in one pack
* Clearance
DIY Kit
Perfect for adding personalized designs
* Comparison
* 🎄 Early Christmas Treats
* Programs
* Deals
* New User Program
Unlock your newbie welcome pack and start your xTool laser journey!
* xTool Trade Up
Enroll your used machine and instantly save up to $500.
* Refurbished Machines
Machines starting at just $299—Your most budget-friendly choice.
* Events
* xTool Safety
Safe Collection - Our continuous efforts to ensure your safety.
* xTool x Creative Fabrica
Our cooperation aims to boost your imagination to creation!
* xTool Creative Hub
Experience our machines and explore upcoming events & demos!
* Small Business Program
Your business is our business. Grab your small business startup kit
here!
* Loyalty & Referral
* xTool Refer a Friend
Refer friends to sign-in or place their first order. Earn Win-Win
rewards!
* xTool Loyalty Program
Become an xTool member today—Rewards gifts, coupons and cashback await!
* Materials
* Software
* DesignFind
* Learn & Explore
* Inspiration
* Woodworking
* Custom Jewelry Making
* Art & Design
* Wedding & Party
* In-store Customization
* Fair and Market
* Customized Branding
* Tutorials
* Machine Guide
* Software Guide
* How-to Articles
* Material Setting
* Platforms
* DesignFind
* Customthings
* xTool Creative Hub
* Support
* Contact Us
* Help Center
* Price Guarantee
* Order Status
Sign in and check your order status in "My Account".
* Return & Refund
0
UNLOCK MEMBERSHIP BENEFITS
* Spend $1, Earn 1 xPoint
* Refer a Friend, Earn Up to 10k xPoints
* Monthly 10% OFF Coupon
Sign Up Sign In
0
UNLOCK MEMBERSHIP BENEFITS
* Spend $1, Earn 1 xPoint
* Refer a Friend, Earn Up to 10k xPoints
* Monthly 10% OFF Coupon
Sign Up Sign In
* Products
* Machines
* P Series
P Series View All
The 55W CO2 laser machine, perfect for cutting acrylic in a variety of
colors, offers powerful performance, turning your desktop into a mini
factory.
* NEW
xTool P2S & P2
The Best Desktop CO2 Laser Becomes Better
* xTool P+F Duo
Your Productive Business Duo
* S Series
S Series View All
Get next-level precision with Pinpoint™ tech, switchable modules for any
project, Class 1 safety, safe with kids and pets around, and a spacious
work area.
* xTool S1
Best choice for beginners
* xTool S1 Blue + 1064nm IR Laser Kit
* F Series
F Series View All
Fastest, most versatile xTool engraver. Ideal for store/craft fair
customization, batch engraving production, and 3D in-depth engraving (F1
Ultra only).
* New
xTool F1 Ultra
World First 20W Fiber & 20W Diode Laser Engraver
* xTool F1
Fast Portable IR & Diode Laser Engraver
* On Sale
xTool P+F Series Productive Duo
* M Series
M Series View All
Unlock endless creativity with the first machine that combines laser,
inkjet blade cutting and even printing, turning ideas into reality
effortlessly.
* Loved by DIYers
xTool M1 Ultra
The World's First 4-in-1 Craft Machine
* Up to 60% Off
xTool M1
Your First Craft Making Machine
* D Series
D Series View All
The best budget-friendly diode laser machines for home-use and small
businesses - include 5W, 10W, and 20W versions.
* Up to 58% Off
xTool D1 Pro 20W
5W to 20W Diode Laser
* Only $299
Refurbished xTool D1 Pro
Same Features, Better Price
* DIY Tools
DIY Tools View All
Discover xTool's DIY Tools, including the Screen Printer and Heat Press,
designed for effortless personalization and creative home projects.
* xTool Screen Printer
Bring colors to the laser world.
* NEW
xTool Heat Press
Versatile 3-in-1 Heat Press Machine Kit
* What's New
New Arrivals View All
* NEW
xTool SafetyPro™ AP2
Air Purifier with SuperCyclone System
* New
xTool SafetyPro™ IF2
Hyper Flow Inline Duct Fan
* New
xTool Heat Press
Versatile 3-in-1 Heat Press Machine Kit
* New
xTool F1 Pedal & Button Switch
Tailored for F1 enthusiasts
* New
xTool Screen Printer
Bring colors to the laser world
* New
Refurbished D1 Pro
starting at $299
* New
xTool Flexible Fixture
Boosts engraving productivity for irregular objects
* New
Gold to Black Two-Tone Acrylic Sheet
Holiday decor essentials
* New
40oz Pastel Blue Tumbler
Create stunning tumbler gifts with laser
* New
Colored Cardstock
Craft DIY Essentials
* xTool Accessories
* P Series
View All
* Automatic Conveyor Feeder for xTool P2S & P2
* Riser Base for xTool P2S & P2
* RA2 Pro for xTool P2S & P2
* Honeycomb Panel for xTool P2S & P2
* S Series
View All
* xTool S1 1064nm Infrared Laser Module
* xTool S1 40W Laser Module
* Riser Base for xTool S1
* Automatic Conveyor Feeder for xTool S1
* RA2 Pro for xTool S1
* F Series
View All
* xTool F1 Ultra Conveyor
* xTool F1 Pedal & Button Switch
* RA2 Pro for xTool F1 Ultra
* xTool F1 Slide Extension
* Desktop Air Purifier for xTool F1
* M Series
View All
* xTool M1 Ultra Ink Module
* Riser Base Kit for xTool M1 Ultra
* xTool M1 Ultra 20W Module Kit
* RA2 Pro for xTool M1 Ultra
* D Series
View All
* Air Assist Set for xTool D1 Pro
* xTool Extension Kit for D1 Pro
* 1064nm Infrared Laser Module
* General Accessories
View All
* NEW
xTool SafetyPro™ AP2
* NEW
xTool SafetyPro™ IF2
* xTool Fire Safety Set
* xTool Flexible Fixture
* xTool Materials
Materials View All
* View All
Your one-stop shop of material
* 20% Off Material Card
Maximizing your saving
* Hot
Tumbler
Stunning colors and endless styles
* Best Seller
Plywood
Smooth, durable, rigor-tested plywood
* Acrylic
Vibrant, versatile sheets for creation
* Metal
Enduring selection for engraving
* Jewelry
Exquisite personalized gifts
* PU
Ideal for personalizing decorations
* Material Package
Diverse possibilities in one pack
* Clearance
DIY Kit
Perfect for adding personalized designs
* Comparison
* 🎄 Early Christmas Treats
* Programs
* Deals
* New User Program
Unlock your newbie welcome pack and start your xTool laser journey!
* xTool Trade Up
Enroll your used machine and instantly save up to $500.
* Refurbished Machines
Machines starting at just $299—Your most budget-friendly choice.
* Events
* xTool Safety
Safe Collection - Our continuous efforts to ensure your safety.
* xTool x Creative Fabrica
Our cooperation aims to boost your imagination to creation!
* xTool Creative Hub
Experience our machines and explore upcoming events & demos!
* Small Business Program
Your business is our business. Grab your small business startup kit
here!
* Loyalty & Referral
* xTool Refer a Friend
Refer friends to sign-in or place their first order. Earn Win-Win
rewards!
* xTool Loyalty Program
Become an xTool member today—Rewards gifts, coupons and cashback await!
* Materials
* Software
* DesignFind
* Learn & Explore
* Inspiration
* Woodworking
* Custom Jewelry Making
* Art & Design
* Wedding & Party
* In-store Customization
* Fair and Market
* Customized Branding
* Tutorials
* Machine Guide
* Software Guide
* How-to Articles
* Material Setting
* Platforms
* DesignFind
* Customthings
* xTool Creative Hub
* Support
* Contact Us
* Help Center
* Price Guarantee
* Order Status
Sign in and check your order status in "My Account".
* Return & Refund
TERMS OF SERVICE
We are pleased to provide to you certain websites, software, applications,
resources, products and services (collectively, the "Service"), which may be
branded xTool, XTL, Customthings, or another brand owned or licensed by us.
PLEASE READ THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND
CONDITIONS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS GOVERN YOUR USE OF
THE SERVICE IN GENERAL. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE
TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS.
References to “xTool”, “we”, “us” or “our” in this Agreement refer to XTL US
INC. and/or its affiliates and subsidiaries as defined in and listed in Schedule
1, as such schedule may be supplemented, modified, and amended from time to
time.
I. CONTRACT BETWEEN YOU AND US
A. Binding Nature. These terms of use ("Agreement") are a binding agreement
between you and xTool. Other than as expressly stated herein, there are no
third-party beneficiaries of this Agreement.
B. Agreement. You represent to us that you have read, understood, and expressly
agree to be bound by this Agreement, and the terms, conditions, and notices
contained or referenced herein, whether you have created an account (and agree
to this Agreement at the time you created that account) or whether you simply
browse, use, or access any of our Service offered directly by xTool or through a
third party (and agree to this Agreement when you browse, use, or access any
aspect of the Service). If you do not agree to the Agreement, you may not use
the Service.
C. Supplemental Terms. This Agreement governs the Service in general. More
specific and/or supplemental terms and conditions may apply to some of the
Service, including but not limited to, a particular promotion, software,
application, service or other activity; availability of certain merchandise,
content, programs, or other activities; conditions or other limitations to the
Service for users under certain ages; and/or specific terms or restrictions that
may accompany certain territories, programs, content, products, websites,
applications or other software. Any supplemental terms and conditions are in
addition to this Agreement and, in the event of a conflict, the supplemental
terms will prevail over this Agreement. If you do not agree to the applicable
supplemental terms and conditions disclosed, you may not use the Service.
D. Amendments. We reserve the right at any time to modify this Agreement and to
impose new or additional terms or conditions on your use of the Service,
provided that we will give you 30 days' advance notice of any material adverse
change to the Service or applicable terms of use, unless it would not be
reasonable to do so due to circumstances arising from legal, regulatory, or
governmental action; to address user security, user privacy, or technical
integrity concerns; to avoid service disruptions to other users; or due to a
natural disaster, catastrophic event, war, or other similar occurrences outside
of our reasonable control. You are responsible for periodically reviewing this
Agreement for updates and amendments. By continuing to use the Service you will
be deemed to have agreed to and accepted any amendments. If you do not agree to
any change to this Agreement, you must discontinue using the Service. xTool
shall not be liable to you for any modifications to the Service or terms of use
made in accordance with this Section ID. Our customer service representatives
are not authorized to modify any provision of this Agreement, either verbally or
in writing.
E. Accounts and Responsibilities. Use of the Service may require compatible
devices, Internet access, and certain software; may require you to create an
account to participate or to secure additional benefits; may require periodic
updates; and may be affected by the performance of these factors. You agree that
meeting these requirements is your responsibility. You further agree that any
information you provide and maintain is accurate, current and complete,
including your contact information for notices. You agree not to impersonate or
misrepresent your affiliation with any person or entity, including using another
person's username, password or other account information, or another person's
name or likeness, or provide false details for a parent or guardian. You agree
that we may take steps to verify the accuracy of information you provide,
including contact information for a parent or guardian. You acknowledge that you
are responsible for all use of the Service, and that this Agreement applies to
any and all usage of your account. You agree to comply with this Agreement and
to defend, indemnify and hold harmless xTool from and against any and all claims
and demands arising from usage of your account, whether or not such usage is
expressly authorized by you.
F. Passwords and Security. You also will choose a password and a username. You
are responsible for taking reasonable steps to maintain the confidentiality of
your username and password, and you are responsible for all activities under
your account that you can reasonably control. You agree to promptly notify us of
any unauthorized use of your username, password or other account information, or
of any other breach of security that you become aware of involving your account
or the Service. We will not be liable for any loss that you may incur as a
result of someone else using your password or account, either with or without
your knowledge. However, you could be held liable for losses incurred by us or
another party due to someone else using your account or password. You may not
use anyone else's account at any time, without the permission of the account
holder.
G. Availability of the Service.
i. The Service, or any feature or part thereof, may not be available in all
languages or in all countries, and we make no representation that the Service,
or any feature or part thereof, is appropriate or available for use in any
particular location. To the extent you choose to access and use the Service, you
do so at your own initiative and are responsible for compliance with any
applicable laws.
ii. Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are subject
to return or exchange only according to our Return Policy. We have made every
effort to display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your computer
monitor's display of any color will be accurate. We reserve the right, but are
not obligated, to limit the sales of our products or Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any products or services
that we offer. All descriptions of products or product pricing are subject to
change at anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product or
service made on this site is void where prohibited. We do not warrant that the
quality or performance of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in
the Service will be corrected.
H. Electronic Notice. xTool may provide you with notices regarding the Service,
including changes to this Agreement, by email to your email address, or by
postings on our website and/or the Service. By creating an account and providing
your email address to us, you expressly consent to receive notices, including
agreements, disclosures, and other communications, electronically from us, over
the short term and periodically, including email communications. You agree that
these electronic notices satisfy any legal requirements that such communications
be in writing. In addition, we may send or display information to you regarding
xTool's Services, upcoming promotions and other information that may be of
interest to you, by using your email address that you have provided to us, or
any other appropriate means, subject always to obtaining your prior opt-in
consent to the extent required under applicable law. You may unsubscribe from
our promotional email list at any time by simply clicking on the unsubscribe
link included in every promotional electronic communication we send. After you
unsubscribe, we will not send you further promotional emails, but in some
circumstances we will continue to contact you to the extent necessary for the
purposes of any Sites, Applications, products, or services you have requested.
I. Eligibility. By accessing and/or using xTool’s Services, you represent and
warrant that you are at least eighteen (18) years of age, and are otherwise
legally qualified to enter into and form contracts under applicable law. If you
are using xTool’s Services on behalf of a business entity, you further represent
and warrant that you are authorized to act and enter into contracts on behalf of
that business entity.
J. Modifications to the Service and Prices. Prices for our products are subject
to change without notice. We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof) without notice at any
time. We shall not be liable to you or to any third-party for any modification,
price change, suspension or discontinuance of the Service.
K. Errors, Inaccuracies and Omissions. Occasionally there may be information on
our site or in the Service that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. We reserve the right
to correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any related
website is inaccurate at any time without prior notice (including after you have
submitted your order). We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including without
limitation, pricing information, except as required by law. No specified update
or refresh date applied in the Service or on any related website, should be
taken to indicate that all information in the Service or on any related website
has been modified or updated.
L. Purchases & Payments
i. If you purchase a Product through xTool’s websites or applications, you will
be required to provide your billing and shipping information as well as
information regarding your credit or debit card (each, a “Payment Card”) so that
we may charge you for the costs and fees associated with your purchase. You
represent and warrant that you are the authorized account holder on all Payment
Cards you submit through xTool’s websites or applications, and acknowledge and
agree that we have the right to charge your Payment Card for the cost of the
Products, and all taxes, shipping, and handling fees communicated to you at the
time of your purchase.
ii. Your order is an offer to us to buy the product(s) in your order. When you
place an order to purchase a product from us, we will send you an email
confirming receipt of your order and containing the details of your order (the
"Order Confirmation Email"). The Order Confirmation Email is acknowledgment that
we have received your order, and does not confirm acceptance of your offer to
buy the product(s) ordered. We only accept your offer, and conclude the contract
of sale for a product ordered by you, when we dispatch the product to you and
send email confirmation to you that we've dispatched the product to you.
iii. If you are not fully satisfied with the Products purchased by you on
xTool’s websites or applications, you may return the Product, in its original
packaging, to us for a refund. Please refer to our Aftersales Policies on our
website for more details: https://www.xtool.com/pages/aftersale-policies. You
can request and arrange for such a refund by contacting us via xTool’s websites
or applications.
iv. At our sole discretion, you may be permitted to purchase certain Products
through Shopify or by using the payment processing services of Shop Pay, Stripe,
Affirm, Afterpay, PayPal, and Google Pay. You understand and agree that such
parties mentioned are Third Parties, as that term is defined below, and that if
you choose to complete any portion of your purchase through these Third Parties,
your purchase may be governed by the terms of service, privacy policies, refund
policies, and other policies and agreements of such Third Parties. It is up to
you to familiarize yourself with the policies and agreements of these Third
Parties.
II. LICENSE GRANT AND RESTRICTIONS
The Service, including, but not limited to, website, software, materials, and
community services, as well as any updates and/or new features, are our
copyrighted, patented or trademarked property or the copyrighted, patented or
trademarked property of our licensors and all copyrights, trademarks, service
marks, trade names, trade dress, patents and other intellectual property rights
in the Service, whether registered or not, and wherever in the world they may
exist, are owned by us or our licensors (who may be third-party beneficiaries of
this contract) and protected by the copyright, trademark, patent and other laws
of the United States and international treaties.
A. User License. If any Service, or third party providing Service subject to
this Agreement, is configured to enable the use of software, content or other
materials owned or licensed by us, we grant you a limited, non-exclusive,
non-sublicensable, non-transferable license to access and use such software,
content or other material, only for as long as that such Service is made
available to you by us, or an authorized third party, and only in accordance
with this Agreement and/or the specific terms that apply to that Service. You
agree that you will not use such proprietary information or materials in any way
whatsoever except for use of the Service in compliance with this Agreement. No
portion of the Service may be reproduced in any form or by any means, except as
expressly permitted in these terms.
B. Not for Sale or Assignment. This is a license agreement and not an agreement
for sale or assignment of any rights in the Service. Except as we expressly
agree in writing, no element of the Service may be used or exploited in any way
other than as part of the authorized Service made available to you. You may own
the physical devices on which elements of the Service are made available to you,
but we retain full and complete ownership of the xTool intellectual property. We
do not transfer titles to any portion of the xTool websites, software,
applications, content, or other materials and/or services to you. Likewise, the
purchase of a license to use any Service does not create an ownership interest
in the xTool websites, software, applications, content or other materials and/or
services.
C. Restrictions on Your Use of the License. You agree that as a condition of
your license, you will not:
i. circumvent or disable any content protection system or digital rights
management technology used in connection with the Service;
ii. create derivative works of the Service or any part thereof, except as and
only to the extent that any foregoing restriction is prohibited by applicable
law;
iii. move, decompile, reverse-engineer, disassemble, or otherwise reduce to
human-readable form the Service, underlying technology, any digital rights
management mechanism, device, or other content protection;
iv. modify the Service, including, but not limited to, by removing
identification, copyright or other proprietary notices from the Service, or by
framing, mirroring, or utilizing similar techniques;
v. access or use the Service in a manner that suggests an association with our
products, services or brands;
vi. use the Service for any commercial or business related use or build a
business utilizing the Service, whether or not for profit, including without
limitation, reproduce, copy, duplicate, sell, resell, rent or trade the Service
(or any part thereof);
vii. access, monitor or copy, or permit another person or entity to access,
monitor or copy, any element of the Service using a robot, spider, scraper or
other automated means or manual process without our express written permission;
viii. damage, disable, overburden or impair the Service;
ix. use the Service in any unlawful manner, for any unlawful purpose, or in any
manner inconsistent with this Agreement; and/or
x. allow third parties to violate the above restrictions.
D. Violation. Any attempt to perform any of the restricted actions listed above
is a violation of the rights of xTool and/or the intellectual property rights
holder. THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS
PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL
PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
VIOLATORS WILL BE PROSECUTED TO THE MAXIMUM EXTENT POSSIBLE.
E. Export Controls. Use of the Service, including transferring, posting, or
uploading data, software or other content via the Service, may be subject to the
export and economic sanctions requirements of the United States and other
countries. You agree to comply with all applicable laws and regulations; for
instance, software may not be exported or re-exported (i) into any U.S.
embargoed countries or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Department of Commerce Denied
Person's List or Entity List. By using the Service, you represent and warrant
that you are not located in any such country or on any such list. You also agree
that you will not use the Service for any purposes prohibited by United States
law, including, without limitation, the development, design, manufacture or
production of missiles, nuclear, chemical or biological weapons. You further
agree not to upload any data that is (i) subject to International Traffic in
Arms Regulations or (ii) that cannot be exported without prior written
government authorization. This assurance and commitment shall survive
termination of this Agreement.
III. YOUR USE OF THE SERVICE
A. Use of Software. Any software that is made available from the Service is the
copyrighted work of xTool. From time to time, we may update the software used by
the Service. In order to continue your use of the Service, such updates may be
automatically downloaded and installed onto your device or computer. These
updates may include bug fixes, feature enhancements or improvements, or entirely
new versions of the Software.
B. Use of Other xTool Products and Services. Particular components or features
of the Service provided by xTool and/or its licensors, require separate software
or other license agreements or terms of use. You must read, accept, and agree to
be bound by any such separate agreement as a condition of using these particular
components or features of the Service.
C. Use of Materials. You may download, store, display on your computer, view,
play and print materials that we publish or make available for download through
the Service subject to the following: (i) the materials may be used solely for
your personal, informational, noncommercial purposes; (ii) the materials may not
be modified or altered in any way (except as expressly permitted by us); and
(iii) the materials may not be redistributed.
D. Community Services. Community Services are provided as a convenience to
users, and we are not obligated to provide any technical support for or
participate in community services. While community services may include
information regarding our Services, including information from our employees,
they are not an official customer support channel for us.
You may use community services subject to the following: (i) community services
may be used solely for your personal, informational, noncommercial purposes;
(ii) content provided on or through community services may not be redistributed
or used in violation, or with the purpose to violate this Agreement; and (iii)
personal data about other users may not be stored or collected except where
expressly authorized by us.
We have no obligation to monitor the communication services. However, we reserve
the right to (i) review materials posted to the communication services and to
remove any materials in its sole discretion; (ii) terminate your access to any
or all of the communication services at any time, without notice, for any reason
whatsoever; and (iii) at all times to disclose any information as xTool deems
necessary to satisfy any applicable law, regulation, legal process or
governmental request.
Always use caution when giving out any personally identifiable information about
yourself or your children in any communication services. We do not control or
endorse the content, messages or information found in any communication services
and, therefore, we specifically disclaim any liability with regard to the
communication services and any actions resulting from your participation in any
communication services. Managers and hosts are not authorized xTool
spokespersons, and their views do not necessarily reflect those of xTool.
Materials uploaded to the communication services may be subject to posted
limitations on usage, reproduction and/or dissemination; you are responsible for
adhering to such limitations if you download the materials.
E. AI Services. "AI services" are services that are labelled or described by
xTool as including, using, powered by, or being an Artificial Intelligence
("AI") system.
i. You may not use the AI services to discover any underlying components of the
models, algorithms, and systems. For example, you may not try to determine and
remove the weights of models.
ii. You may not use web scraping, web harvesting, or web data extraction methods
to extract data from the AI services.
iii. As part of providing the AI services, we will process and store your inputs
to the service as well as output from the service, for purposes of monitoring
for and preventing abusive or harmful uses or outputs of the service.
iv. You are solely responsible for responding to any third-party claims
regarding your use of the AI services in compliance with applicable laws
(including, but not limited to, copyright infringement or other claims relating
to content output during your use of the AI services).
Please note that certain AI Services provided by xTool is designed to offer
information and support based on pre-programmed responses. It does not have the
authority to alter any terms of service or make binding commitments on behalf of
xTool. Any statements made by the AI Services that suggest changes to service
logic, such as pricing or service offerings, are not valid and are not binding
unless explicitly confirmed in writing by an authorized representative of
xTool. Users are responsible for verifying the accuracy of information provided
by the AI Services directly with xTool. xTool disclaims liability for any
inducements by users that lead to AI-generated statements inconsistent with this
Agreement. Users must comply with all applicable laws and regulations when using
the AI Services. xTool reserves the right to terminate the AI Services or user
access at any time.
F. Your Conduct. You agree that you will NOT use the Service to:
i. upload, download, post, email, transmit, store, share, import or otherwise
make available any content that is unlawful, harassing, threatening, harmful,
tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of
another's privacy, hateful, racially or ethnically offensive, or otherwise
objectionable;
ii. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
iii. violate, infringe or promote the violation or infringement of another's
rights, including intellectual property rights;
iv. if you are an adult, request personal or other information from a minor (any
person under the age of 13 or such other age as local law defines as a minor)
who is not personally known to you, including but not limited to any of the
following: full name or last name, home address, postal code, telephone number,
picture, or the names of the minor's school, church, athletic team or friends;
v. falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a file
that is uploaded;
vi. post, send, transmit or otherwise make available any unsolicited or
unauthorized email messages, advertising, promotional materials, junk mail,
spam, or chain letters, including, without limitation, bulk commercial
advertising and informational announcements;
vii. upload, post, email, transmit, store or otherwise make available any
material that contains viruses or any other computer code, files or programs
designed to harm, interfere or limit the normal operation of the Service (or any
part thereof), or any other computer software or hardware;
viii. interfere with or disrupt the Service (including accessing the Service
through any automated means, like scripts or web crawlers), or any servers or
networks connected to the Service, or any policies, requirements or regulations
of networks connected to the Service (including any unauthorized access to, use
or monitoring of data or traffic thereon);
ix. gather and store personal information on any other users of the Service to
be used in connection with any of the foregoing prohibited activities.
x. violate any code of conduct or other guidelines which may be applicable for
any particular Service; and/or
xi. violate or promote the violation of any applicable laws or regulations.
G. Public Beta. From time to time, we may offer new and/or updated features of
the Service (the "Beta Features") as part of a public beta program for the
purpose of providing xTool with feedback on the quality and usability of the
Beta Features. You understand and agree that your participation in the program
is voluntary and does not create a legal partnership, agency, or employment
relationship between you and us, and that xTool is not obligated to provide you
with any Beta Features. We may make such Beta Features available to program
participants by online registration or enrollment via the Service. You
understand and agree that we may collect and use information from your account,
devices and peripherals in order to enroll you in a program and/or determine
your eligibility to participate. Your use of the Beta Features and participation
in the program is governed by this Agreement and any additional terms that may
separately accompany the Beta Features.
IV. CONTENT
A. Content. "Content" means any information that may be generated or encountered
through the use of the Service, such as data files, device characteristics,
written text, graphics, photographs, images, logos, icons and any other like
materials. You understand that all content, whether publicly posted or privately
transmitted on the Service is the sole responsibility of the person from whom
such content originated. This means that you, and not xTool, are solely
responsible for any content you upload, download, post, transmit, store or
otherwise make available through your use of the Service.
B. Removal of Content. You understand and agree that your use of the Service and
any Content is solely at your own risk. You acknowledge that we are not
responsible or liable in any way for any content provided by others and have no
duty to screen such content. However, we reserve the right at all times to
determine whether content is appropriate and in compliance with this Agreement,
and may screen, move, refuse, modify and/or remove content at any time, without
prior notice and in its sole discretion, if such content is found to be in
violation of this Agreement or is otherwise objectionable.
C. Back up Your Content. You are responsible for backing up, to your own
computer or other device, any important documents, images or other content that
you store or access via the Service. We will use reasonable skill and due care
in providing the Service, but we do not guarantee or warrant that any content
you may store or access through the Service will not be subject to inadvertent
damage, corruption or loss.
D. Access to Account and Content. We reserve the right to take steps we believe
are reasonably necessary or appropriate to enforce and verify compliance with
any part of this Agreement. You acknowledge and agree that we may, without
liability to you, access, use, preserve and/or disclose your account information
and any content to law enforcement authorities, government officials, and/or a
third party, as xTool believes is reasonably necessary or appropriate, if
legally required to do so or if xTool has a good faith belief that such access,
use, disclosure, or preservation is reasonably necessary to: (i) comply with
legal process or request; (ii) enforce this Agreement, including investigation
of any potential violation thereof; (iii) detect, prevent or otherwise address
security, fraud or technical issues; or (iv) protect the rights, property or
safety of xTool, its users, a third party, or the public as required or
permitted by law.
You acknowledge that we are not responsible or liable in any way for any content
provided by others and have no duty to screen such content. However, consistent
with xTool's privacy policy, we reserve the right at all times to determine
whether content is appropriate and in compliance with this Agreement, and may
prescreen, move, refuse, modify and/or remove content at any time, without prior
notice and in its sole discretion, if such content is found to be in violation
of this Agreement or is otherwise objectionable. We may terminate your account
and access to the Service if you violate this Agreement, including unlawful
content, without prior notice to you.
E. Confidential Information. We do not want to receive confidential information
from you through or in connection with the Service. Notwithstanding anything
that you may note or state in connection with the content you share with us, it
shall not be considered confidential information and shall be received and
treated by xTool on a non-confidential and unrestricted basis, and xTool shall
not take and shall not be required to take any steps to safeguard the
confidentiality of any information that you share, other than as specified in
our Privacy Policy.
F. Violations. If, while using the Service, you encounter content you find
inappropriate, or otherwise believe to be a violation of this Agreement, or in
which you claim copyright has been infringed, you may report it by sending an
email to vicky@info.xtool.com.
V. SUBMISSIONS, GENERATED CONTENT
A. Submissions. In connection with anything you submit to us, whether or not
solicited by us, you agree that creative ideas, suggestions or other materials
you submit are not being made in confidence or trust and that no confidential or
fiduciary relationship is intended or created between you and us in any way, and
that you have no expectation of review, compensation or consideration of any
type.
B. Generated Content. We may ask for or allow you to communicate, submit, upload
or otherwise make available text, chats, images, video, applications or other
content ("Generated Content"), which may be accessible and viewable by the
public. Access to these features may be subject to age restrictions.
In most instances, we do not claim ownership of your Generated Content; however,
you grant us a non-exclusive, sublicensable, irrevocable and royalty-free
worldwide license under all copyrights, trademarks, patents, trade secrets,
privacy and publicity rights and other intellectual property rights for the full
duration of those rights to use, reproduce, transmit, print, publish, publicly
display, exhibit, distribute, redistribute, copy, index, comment on, modify,
transform, adapt, translate, create derivative works based upon, publicly
perform, publicly communicate, make available, and otherwise exploit such
Generated Content, in whole or in part, in all media formats and channels now
known or hereafter devised (including in connection with the Service and on
third-party websites, services, applications, and/or platforms), in any number
of copies and without limit as to time, manner and frequency of use, without
further notice to you, without attribution (to the extent this is not contrary
to mandatory provisions of applicable law), and without the requirement of
permission from or payment to you or any other person or entity. You agree that
the submission of Generated Content does not establish any relationship of trust
and confidence between you and us.
You represent and warrant that your Generated Content conforms to this Agreement
and that you own or have the necessary rights and permissions including, without
limitation, all copyrights and likeness rights (with respect to any person)
contained in the Generated Content, without the need for payment to any other
person or entity, to use and exploit, and to authorize us to use and exploit,
such Generated Content in all manners contemplated by this Agreement; and you
agree to indemnify and hold us harmless from any claims or expenses (including
attorneys' fees) by any third party arising out of or in connection with our use
and exploitation of your content resulting from your breach of this Agreement.
You also agree to waive and not to enforce any moral rights, ancillary rights or
similar rights in or to the Generated Content against us or our licensees,
agents, representatives and other authorized users, and agree to procure the
same agreement to waive and not to enforce from others who may possess such
rights.
In addition to the warranty and representation set forth above, by submitting a
Generated Content that contains images, photographs, pictures or that are
otherwise graphical in whole or in part ("Images"), you warrant and represent
that (i) you are the copyright owner of such Images, or that the copyright owner
of such Images has granted you permission to use such Images or any content
and/or images contained in such Images consistent with the manner and purpose of
your use and as otherwise permitted by this Agreement and the Service, (ii) you
have the rights necessary to grant the licenses and sublicenses described in
this Agreement, and (iii) that each person depicted in such Images, if any, has
provided consent to the use of the Images as set forth in this Agreement,
including, by way of example, and not as a limitation, the distribution, public
display and reproduction of such Images. By submitting Images, you are granting
to all members of the general public, permission to use your Images in
connection with the use, as permitted by these terms of use, (including, by way
of example, and not as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive, worldwide,
royalty-free license to copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Images without having your
name attached to such Images. The licenses granted in the preceding sentences
for Images will terminate at the time you completely remove such Images from the
Service, provided that, such termination shall not affect any licenses granted
in connection with such Images prior to the time you completely remove such
Images. No compensation will be paid with respect to the use of your Images.
To the extent that we authorize you to create, post, upload, distribute,
publicly display or publicly perform Generated Content that requires the use of
our copyrighted works, we grant you a non-exclusive license to create a
derivative work using the specifically referenced copyrighted works as required
for the sole purpose of creating such a work, provided that such license shall
be conditioned upon your assignment to us of all rights worldwide in the work
you create for the duration of copyright in the Generated Content, in all
formats and media known or unknown to date, including for use in our Service and
on third party sites and platforms. If such rights are not assigned to us, your
license to create derivative works using our copyrighted works shall be null and
void.
We may monitor, screen, post, remove, modify, store and review Generated Content
or communications sent through the Service, at any time and for any reason,
including to ensure that the Generated Content or communication conforms to this
Agreement, without prior notice to you. We may terminate your account and access
to the Service if your Generated Content violates this Agreement, including
unlawful postings or content, without prior notice to you. We are not
responsible for, and do not endorse or guarantee, the opinions, views, advice or
recommendations posted or sent by users.
VI. USAGE RULES
A. Age. The Service is only available to individuals aged 13 years or older (or
equivalent minimum age in the relevant jurisdiction) unless you are under 13
years old and our Service was used with your parent or guardian. We do not
knowingly collect, use or disclose personal information from children under 13,
or equivalent minimum age in the relevant jurisdiction, without verifiable
parental consent. Parents and guardians should also remind any minors that
conversing with strangers on the Internet can be dangerous and take appropriate
precautions to protect children, including monitoring their use of the Service.
B. Changes to the Service. The Service are constantly evolving and will change
over time. We reserve the right to make such changes or, if necessary,
discontinue Service. If required by law, we may also need to suspend, restrict,
or terminate your access to Service.
C. Third-Party Services or Platforms. The Service may integrate, be integrated
into, or be provided in connection with third-party websites, services,
applications, platforms, and/or content. We do not control those third parties
or the products they make available. You should read the terms of use agreements
and privacy policies that apply to such third-party products. You agree that
your access to the Service using these devices also shall be subject to the
usage terms set forth in the applicable third-party beneficiary's terms of
service. You represent to us that you have read and agreed to those terms.
D. Consent to Messages. When you use the Service, you may be given the
opportunity to consent to receive communications from us through email, text,
and/or push notifications. Standard text and calling rates will apply. You agree
that texts, calls or prerecorded messages may be generated by automatic
telephone dialing systems. You can opt out of promotional communications by
following the "Unsubscribe" directions for emails, through the settings of the
Service, or, if via text message, by responding STOP. YOU ACKNOWLEDGE THAT YOU
ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION
OF USING THE SERVICES.
E. App Permissions. When you use the Service, you may grant certain permissions
to us for your device and/or accounts. Most device platforms provide additional
information regarding these permissions and how, if possible, to change your
permission settings. By downloading, installing or using the Service, you agree
to receive automatic software updates (as applicable).
F. Informational and Entertainment Purposes. You understand that the Service is
for your personal, noncommercial use and is intended for informational and
entertainment purposes only; the content available does not constitute legal,
financial, professional, medical or healthcare advice or diagnosis and cannot be
used for such purposes.
G. Commercial, Marketing, or Branding Use Prohibited. Except as expressly
licensed, we do not allow uses of the Service, or other xTool intellectual
property, that are commercial or business-related, including used in marketing
or branding, or that advertise or offer to sell or promote products or services
(whether or not for profit), or that solicit others (including solicitations for
contributions or donations).
H. Limitations on Use. As a condition of your use of the Service, you agree to
use the Service only for purposes permitted by this Agreement, and only to the
extent permitted by any applicable law, regulation, or generally accepted
practice in the applicable jurisdiction. You may not use the Service in any
manner that could damage, disable, overburden, or impair any of our system, or
the network(s) connected to any xTool server, or interfere with any other
party's use and enjoyment of any Service. If your use of the Service or other
behavior intentionally or unintentionally threatens our ability to provide the
Service or other systems, we shall be entitled to take all reasonable steps to
protect the Service and our systems, which may include suspension of your access
to the Service. Repeated violations of the limitations may result in termination
of the Service we provide to you.
To use the Service, you cannot be a person barred from receiving the Service
under the laws of the United States or other applicable jurisdictions, including
the country in which you reside or from where you use the Service. By accepting
this Agreement, you represent that you understand and agree to the foregoing.
VII. TERMINATION
We may, at any time, under certain circumstances and without prior notice,
immediately terminate or suspend all or a portion of the Service. Cause for such
termination shall include: (i) violations of this Agreement or any other
policies or guidelines that are referenced herein and/or posted on the Service;
(ii) a request by you to terminate the Service; (iii) a request and/or order
from law enforcement, a judicial body, or other government agency; (iv) where
provision of the Service to you is or may become unlawful; (v) unexpected
technical or security issues or problems; or (vi) your participation in
fraudulent or illegal activities. Any such termination or suspension shall be
made by us in our sole discretion, and we will not be responsible to you or any
third party for any damages that may result or arise out of such termination or
suspension of your account and/or access to the Service.
Upon termination of the Service, you may lose all access to the Service. In
addition, after a period of time, we will delete information and data stored in
or as a part of your account.
VIII. DISCLAIMERS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO
THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME
OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
XTOOL SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE
FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. XTOOL AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. IN PARTICULAR, XTOOL AND ITS AFFILIATES, SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY
THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE
WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION
OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV)
THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE,
HACKING, OR OTHER SECURITY INTRUSION; AND (V) ANY DEFECTS OR ERRORS IN THE
SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT
INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR
TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION
PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL
OR ENVIRONMENTAL DAMAGE.
IX. LIMITATION OF LIABILITY
It is your responsibility to ensure you follow installation instructions, meet
the minimum system requirements, update software as recommended, and consult our
customer service resources if you encounter a problem with the service.
WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY
PART OF THE SERVICE, ANY LOSS OF CONTENT OR DATA THAT IS DUE TO YOUR EQUIPMENT,
DEVICES, OPERATING SYSTEM OR INTERNET CONNECTION, OR YOUR FAILURE TO COMPLY WITH
SPECIFIED COMPATIBILITY REQUIREMENTS.
We shall not be liable for delay or failure in performance for causes beyond our
control or any other damage which does not result from a breach of our
obligations under this Agreement.
We are not liable for business losses. We only supply the Service for your
personal, noncommercial, and domestic use. If you use the Service for any other
purpose, we will have no liability to you for any loss of profit, loss of
business, business interruption, loss of business opportunity, or similar loss.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR
FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES
OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (U.S. $1,000).
NOTWITHSTANDING ANY OTHER TERMS IN THIS AGREEMENT, IF THE CONSUMER CONTRACT ACT
OF JAPAN APPLIES, TERMS THAT LIMIT XTOOL'S LIABILITY FOR DAMAGES ARISING FROM
BREACH OF CONTRACT OR TORT COMMITTED BY XTOOL SHALL NOT APPLY IF SUCH DAMAGE IS
DUE TO XTOOL'S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.
X. INDEMNIFICATION
To the extent not prohibited by law, you agree to defend, indemnify and hold
xTool, its affiliates, subsidiaries, directors, officers, employees, agents,
partners, contractors, and licensors harmless from any claim or demand,
including reasonable attorney's fees, made by a third party, relating to or
arising from (i) any content you submit, post, transmit, or otherwise make
available through the Service; (ii) your use of the Service; (iii) any violation
by you of this Agreement; (iv) any action taken by xTool, acting reasonably, as
part of its investigation of a suspected violation of this Agreement or as a
result of its finding or decision that a violation of this Agreement has
occurred; or (v) your violation of any rights of another. This means that you
cannot sue xTool, its affiliates, subsidiaries, directors, officers, employees,
agents, partners, contractors, and licensors as a result of its decision, acting
reasonably, to remove or refuse to process any information, to warn you, to
suspend or terminate your access to the Service, or to take any other action
during the investigation of a suspected violation or as a result of xTool's
conclusion that a violation of this Agreement has occurred.
This waiver and indemnity provision applies to all violations described in or
contemplated by this Agreement. This obligation shall survive the termination or
expiration of this Agreement and/or your use of the Service.
XI. GOVERNING LAW AND DISPUTES
This Agreement is governed by and construed in accordance with the laws of the
State of California and the laws of the United States, without giving effect to
any conflict of law principles. Any legal action or proceeding relating to your
use of, the Service shall be instituted in a state or federal court in
Los Angeles, California. You and xTool agree to submit to the jurisdiction of
and agree that the venue is proper in, these courts in any such legal action or
proceeding.
XII. ADDITIONAL PROVISIONS
A. Entire Agreement. This Agreement constitutes the entire agreement between you
and us, governs your use of the Service and completely replaces any prior
agreements between you and xTool in relation to the Service. You may also be
subject to additional terms and conditions that may apply when you use affiliate
services, third-party content, or third-party software.
B. Severability. If any provision of this Agreement shall be unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable from
this Agreement and shall not affect the validity and enforceability of any
remaining provisions. Failure of xTool to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such right or
provision.
C. Survival. The provisions of this Agreement which by their nature should
survive the termination of this Agreement shall survive such termination,
including but not limited to the restrictions, disclaimers, limitations, our
rights to use submitted content, and rules regarding dispute resolution in
Section II, III, VII, VIII and IX as well as the general provisions in this
Section XI.
D. Waiver. No waiver of any provision of this Agreement by us shall be deemed a
further or continuing waiver of such provision or any other provision, and our
failure to assert any right or provision under this Agreement shall not
constitute a waiver of such right or provision.
E. Privacy. Your use of the Service is subject to xTool's Privacy Policy, which
is available at https://www.xtool.com/policies/privacy-policy.
F. Contact Information. If you have any questions regarding these Terms of Use,
please contact us at vicky@info.xtool.com.
Schedule 1: List of Subsidiaries and Affiliated Companies
(as of October, 2024)
Entity
Country/Region
XTL US INC.
The United States of America
ONE LINK SELLING INC.
The United States of America
Makeblock (Hong Kong) Company Limited
Hong Kong SAR
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ABOUT XTOOL
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Telephone
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After-sales: +1 (775) 587-7760
Service Time
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Copyright © 2024 XTL US INC. All Rights Reserved.
US
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