Xtreim Terms of Service (ToS)

Please carefully review these Terms and Conditions (“Terms”) before using the website www.xtreim.com (the “Service”) operated by Qubit Solutions LLC (“we,” “us,” or “our”). Your access to and use of the Service is contingent upon your acceptance of and adherence to these Terms. These Terms apply to all individuals, including visitors, users, and any other parties who access or use the Service. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not meet the eligibility criteria or do not agree with any part of these Terms, you are not authorized to use the Service.

1. You Accept These Terms Of Service

If you do not agree with these Terms of Service and the Privacy Policy, please refrain from using the Services. By using the Services, you are agreeing to these Terms. Certain areas of the Services may have additional terms, which should be reviewed before use. Unless explicitly stated, these additional terms do not modify or replace the main Terms of Service.

2. Account Creation and Security

2.1 Account Registration: To access certain features of the Services, you may be required to create an account. When creating an account, you agree to provide accurate, current, and complete information and to update it as necessary to maintain its accuracy. 2.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials, including your password. You are solely responsible for all activities that occur under your account. If you believe your account has been compromised, you must notify Xtreim immediately. 2.3 Account Termination: We reserve the right to suspend, terminate, or restrict your access to the Services at any time, with or without notice, if we believe that you have violated these ToS or are otherwise engaged in unlawful activity.  

3. Acceptable Use

3.1 User Conduct: You agree not to use the Services for any unlawful or prohibited purpose. You further agree not to:

• Post, upload or distribute any content that is illegal, defamatory, obscene, offensive, or harmful.
• Use the Services to harm, harass, or threaten any person or entity.
• Engage in any fraudulent, deceptive, or misleading activity.
• Interfere with or disrupt the functionality of the Services or any network connected to the Services.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.

3.2 Prohibited Content: You are prohibited from uploading content that:

• Violates any third-party rights, including intellectual property, privacy, or publicity rights.
• Contains viruses, malware, or other harmful software.
• Promotes violence, hatred, discrimination, or illegal activities.

4. Intellectual Property

4.1 Xtreim Ownership: All rights, title, and interest in and to the Services, including all related intellectual property rights, are owned by Xtreim or its licensors. These TOS do not grant you any ownership rights in the Services or any content within them. 4.2 License to Use: Xtreim grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your business, subject to these TOS. 4.3 Trademarks: Xtreim’s name, logo, and any other related trademarks, service marks, or logos are the exclusive property of Xtreim. You are not authorized to use any Xtreim trademarks without prior written permission.  

5. Payment and Fees

Billing: All payments are processed through Stripe, and you agree to provide accurate and complete payment information. Failure to make timely payments may result in the suspension or termination of your account. 5.2 Refunds: Except as required by law or explicitly stated in a separate agreement, all payments made to Xtreim are non-refundable.

6. Termination of Service

6.1 Voluntary Termination: You may terminate your account at any time by following the instructions on the Xtreim platform or contacting our support team. 6.2 Involuntary Termination: Xtreim reserves the right to terminate, suspend, or restrict your access to the Services at our sole discretion, for any reason, including, but not limited to, violations of these ToS, engaging in unlawful activity, or failure to pay applicable fees. 6.3 Effect of Termination: Upon termination, your right to access and use the Services will immediately cease. Xtreim is not obligated to maintain or provide any User Content associated with your account after termination, except as required by law.

7. Privacy

7.1 Privacy Policy: Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your information. You consent to the practices described in our Privacy Policy when using the Services. Additionally, we will keep your phone number and all personal information strictly confidential and will not share it with anyone. To view the opt-in for the Driver App, click here

8. Disclaimers and Limitations of Liability (Review)

8.1 No Warranties: The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 8.2 Limitation of Liability: To the fullest extent permitted by law, Xtreim, its affiliates, officers, directors, employees, agents, licensors, and service providers shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from or in connection with your use or inability to use the Services, including, but not limited to, damages for loss of profits, goodwill, data, or other intangible losses. 8.3 Exceptions: Certain jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, some of the above limitations may not apply to you, but only to the extent such exclusions are prohibited by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Xtreim, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

• Your use of the Services.
• Your violation of these TOS.
• Your violation of any third-party rights, including intellectual property or privacy rights.

10. Changes to the TOS

Xtreim reserves the right to modify these TOS at any time, with or without notice. Any changes will be effective immediately upon posting. Your continued use of the Services after making changes will constitute your acceptance of the revised TOS. It is your responsibility to review these TOS periodically for changes.

11. Governing Law and Dispute Resolution  (Review)

These Terms are governed by and will be interpreted according to the laws of California, United States, without regard to its conflict of law rules. If we do not enforce a right or provision in these Terms, it does not constitute a waiver of that right. If a court finds any part of these Terms to be invalid or unenforceable, the remaining provisions will still apply. These Terms represent the complete agreement between us regarding our Service, superseding any prior agreements about the Service.  

12. Consent and Permission

By signing up for Xtreim, you confirm that you, your team, and your clients fully agree to and give complete permission for all messages sent through the platform, including any required opt-in procedures.

13. Miscellaneous

12.1 Severability: If any provision of these ToS is invalid or unenforceable, the remaining provisions will remain in full force and effect. 12.2 Entire Agreement: These ToS, along with the Privacy Policy, constitute the entire agreement between you and Xtreim regarding the Services and supersede any prior agreements or understandings. 12.3 Waiver: Xtreim’s failure to enforce any right or provision of these ToS will not constitute a waiver of that right or provision. 12.4 Assignment: You may not assign or transfer your rights or obligations under these TOS without Xtreim’s prior written consent. Xtreim may freely assign these ToS in connection with a merger, acquisition, or sale of assets.

14. Contact Us

If you have any questions about these Terms, please contact us.