Terms of Service.

Overview

These Terms of Service ("Terms") are a binding agreement between you and Xaron LLC, a Delaware limited liability company ("Xaron," "we," "us," or "our"), located at 131 Continental Dr, Suite 305, Newark, Delaware 19713, United States. They govern your access to and use of the Xaron gaming community platform, our website at xaron.co, and all related applications, features, and services (collectively, the "Service"). Please read them carefully.

Acceptance of terms

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, do not access or use the Service.

You represent that you are able to form a legally binding contract with us and that you are not barred from using the Service under any applicable law. If you use the Service on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf, and "you" refers to that organization.

Eligibility & age

You must be at least 13 years old to use the Service. Where the law of your country or region requires a higher minimum age to use an online service or to consent to the processing of your personal data (for example, 16 in parts of the European Union), you must meet that higher age, or you must have the consent of a parent or legal guardian who agrees to these Terms on your behalf.

By using the Service, you confirm that you meet these requirements. We may suspend or terminate any account that we reasonably believe belongs to a person who does not.

Accounts & security

You sign in to the Service using Google authentication, and you may optionally link a Steam account to your profile. You are responsible for maintaining the security of your sign-in credentials and connected accounts and for all activity that occurs under your account.

• Each account is for a single human being. You may not share an account or create accounts on behalf of others without authorization.
• Provide accurate information and keep it current.
• Do not let anyone else use your account, and do not use anyone else's account without permission.
• Notify us promptly at legal@xaron.co if you suspect any unauthorized access to or use of your account.

We are not liable for any loss arising from unauthorized use of your account that results from your failure to safeguard your credentials.

Acceptable use

You agree to use the Service lawfully and respectfully. You may not, and may not permit anyone else to:

• Use the Service for any illegal purpose or in violation of any applicable law or regulation.
• Harass, threaten, bully, defame, or stalk others, or post hateful content or content that incites violence.
• Upload, share, or transmit child sexual abuse material (CSAM) or any content that sexually exploits or endangers minors. We have zero tolerance for such content: we will remove it, terminate the responsible accounts, and report it to the National Center for Missing & Exploited Children and/or law enforcement as required by law.
• Send spam, chain messages, or other unsolicited or bulk communications.
• Distribute malware, viruses, or other harmful code, or engage in phishing or fraud.
• Scrape, crawl, or harvest data from the Service, or access it through automated means except as we expressly permit.
• Reverse engineer, decompile, or disassemble any part of the Service, except to the extent this restriction is prohibited by law.
• Circumvent, disable, or interfere with security features, rate limits, or access controls.
• Infringe or misappropriate the intellectual property or privacy rights of others, or impersonate any person or entity.

We may remove content, and may suspend or terminate accounts, that violate these Terms or that we reasonably believe pose a risk to the Service or to others.

User content & license

You retain ownership of the content you create, upload, or share through the Service ("User Content"). You are solely responsible for your User Content and for the consequences of sharing it.

You grant Xaron a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, and otherwise process your User Content solely as necessary to operate, provide, secure, and improve the Service. This license exists only to make the Service work and ends when your User Content is deleted from our active systems, except for content retained in backups or as required by law. Because direct messages and DM calls are end-to-end encrypted and we cannot access their contents, this license cannot and does not extend to the readable contents of those encrypted communications.

You represent and warrant that you own or have all rights necessary to your User Content and to grant the license above, and that your User Content does not violate these Terms or the rights of any third party.

Communities & moderation

The Service lets you join and create communities containing text and voice/video channels, and exchange direct messages, including one-to-one and group messages and calls.

Direct messages and DM calls are end-to-end encrypted. Xaron cannot read your direct messages or hear your DM calls.

Community channel messages are not end-to-end encrypted. They are encrypted at rest, but they are readable by Xaron and by the owners and moderators of the community in which they are posted. This access exists to operate the Service and to enable moderation. Do not post anything in a community channel that you expect Xaron or community staff to be unable to see.

Community owners and moderators operate and moderate their own communities and are responsible for them, including the conduct that takes place within them and the rules they choose to enforce. Xaron may, but is not obligated to, monitor communities or User Content. We may act on content, channels, or entire communities that violate these Terms or applicable law, including by removing content or suspending or terminating communities or accounts.

Plans, creators & referrals

The core of the Service — joining communities, exchanging end-to-end encrypted direct messages, and making voice and video calls — is free. The following paid features are also available.

Premium. A Premium subscription costs $5 per month or $48 per year (save approximately 20% with annual billing) and allows you to create and own your own communities. Listed prices are exclusive of applicable taxes; any sales, use, value-added, or similar taxes are added at checkout based on your location.

Creator membership tiers. If you own a community, you may offer paid membership tiers within it. For each such payment, the creator keeps 99% and Xaron retains a flat 1% platform commission. Creator payouts are processed through Stripe Connect. To receive payouts, you must onboard with Stripe as a connected account and accept Stripe's Connected Account Agreement. You are responsible for delivering the benefits you offer to your paying members and for your own tax obligations on amounts you receive.

Referral program. When a person you referred becomes a paying subscriber, you earn 20% of that subscriber's subscription amount for as long as they remain continuously subscribed. Referral earnings are paid via Stripe. We may modify, suspend, or end the referral program at any time, and we may withhold or claw back referral earnings in cases of fraud, abuse, or violation of these Terms, or where the underlying payment is refunded or charged back.

Billing, renewal & taxes

Payments and payouts are handled by Stripe. By making or receiving payments through the Service, you also agree to Stripe's applicable terms. We do not store full payment card numbers.

Subscriptions are billed in advance and automatically renew at the then-current rate for your plan until you cancel. You may cancel at any time; your access to paid features continues until the end of the current paid period, and cancellation stops future renewals. Except where required by law, payments are non-refundable, including for the current period after cancellation.

• Grandfathered pricing. If you maintain a continuously active subscription, you keep the price you originally signed up at, even if we later change prices for that plan. If your subscription lapses, a new subscription is subject to the prices then in effect.
• Failed payments. If a renewal payment fails, we may retry it over a grace and dunning period. If payment remains unsuccessful after that period, we may suspend or downgrade your paid features until payment is resolved.

Intellectual property

The Service, including its software, design, text, graphics, logos, trademarks, and other content we provide (excluding User Content), is owned by Xaron or its licensors and is protected by intellectual property and other laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose.

Xaron and our logos and branding are our trademarks. You may not use them without our prior written permission. If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate them for any purpose, without any obligation to you.

Copyright & DMCA

We respect intellectual property rights and respond to valid notices of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA"). We also maintain a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.

If you believe content on the Service infringes your copyright, send a written notice to our designated agent that includes the information the DMCA requires: your signature; identification of the copyrighted work and of the allegedly infringing material and its location; your contact information; a statement of good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the copyright owner.

Send notices to legal@xaron.co or to Xaron LLC, Attn: Copyright Agent, 131 Continental Dr, Suite 305, Newark, Delaware 19713, United States.

Third-party services

The Service integrates with or relies on third-party services, including Google, Steam, and Stripe. Your use of those services is governed by their own terms and privacy policies. We are not responsible for, and do not endorse or assume liability for, third-party services, their availability, or their conduct. Your dealings with them are solely between you and the relevant provider.

Termination

You may stop using the Service at any time and may delete your account. We may suspend or terminate your access to the Service, in whole or in part, at any time if you violate these Terms, if your use creates risk or possible legal exposure for us or others, or as otherwise reasonably necessary to operate the Service.

Upon termination, your right to use the Service ends. Provisions that by their nature should survive termination — including ownership, license grants to us, disclaimers, limitations of liability, indemnification, and dispute resolution — will survive. We may retain information associated with banned or terminated accounts to the extent necessary to enforce a ban, comply with law, or protect the Service and its users.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XARON DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOU USE THE SERVICE AT YOUR OWN RISK.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XARON AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XARON'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO XARON IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; nothing in these Terms limits liability that cannot be limited under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Xaron and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your User Content, your use of the Service, your violation of these Terms, or your violation of any law or the rights of any third party.

Governing law & disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.

• Informal resolution first. Before starting a formal proceeding, you agree to try to resolve the dispute informally by contacting us at legal@xaron.co and giving us 30 days to address it.
• Binding arbitration. If we cannot resolve the dispute informally, you and Xaron agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules, seated in Delaware or otherwise conducted under Delaware law. Judgment on the award may be entered in any court of competent jurisdiction.
• Class-action waiver. Disputes may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding.
• Small-claims carve-out. Either party may bring an individual claim in small-claims court if it qualifies.
• Opt-out. You may opt out of this arbitration and class-action-waiver agreement by sending written notice to legal@xaron.co within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the state or federal courts located in Delaware, and you and Xaron consent to their jurisdiction.
• Non-waivable rights. Nothing in this section limits any rights you have that cannot be waived under applicable law, including mandatory consumer-protection rights (for example, those available to consumers in the European Union).

Changes to these terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by posting the updated Terms with a new effective date or by notifying you through the Service. By continuing to use the Service after changes take effect, you accept the updated Terms. If you do not agree, you must stop using the Service.

Miscellaneous

These Terms, together with the Privacy Policy and any terms you accept for specific paid features, are the entire agreement between you and Xaron regarding the Service and supersede any prior agreements on that subject. If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will stay in effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our prior written consent; we may assign them, including in connection with a merger, acquisition, or sale of assets. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.

Contact

Questions about these Terms? Email legal@xaron.co, or write to Xaron LLC, 131 Continental Dr, Suite 305, Newark, Delaware 19713, United States.