Terms of Service

1. Introduction

Welcome to Xogo, a product of Bansen Labs. These Terms of Service ("Terms") govern your use of our website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Definitions

"Bansen Labs" refers to Bansen Labs, located at 6024 Broad Street, Pittsburgh, PA 15206.

"Xogo" refers to the hardware device, software, and related services provided by Bansen Labs.

"User" refers to any individual or entity that accesses or uses our Services.

3. Use of Services

3.1 Eligibility

You must be at least 13 years old to use our Services. If you are under 18, you must have permission from a parent or guardian to use our Services, and they must agree to these Terms on your behalf.

3.2 Account Registration

Some of our Services may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.3 Prohibited Activities

You agree not to:

• Use our Services in any way that violates any applicable law or regulation
• Attempt to interfere with the proper functioning of our Services
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our Services
• Attempt to gain unauthorized access to our servers or any part of our Services
• Use our Services for any unauthorized commercial purpose
• Modify, adapt, or hack our Services or modify another website to falsely imply that it is associated with Xogo

4. Intellectual Property

4.1 Ownership

All content, features, and functionality of our Services, including but not limited to design, text, graphics, logos, icons, images, audio clips, software, and the selection, arrangement, and combination thereof, are owned by Bansen Labs, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 License

Subject to these Terms, Bansen Labs grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services for their intended purposes.

5. Hardware and Software

5.1 Xogo Device

The Xogo device is sold subject to these Terms and any additional terms provided with the device. Bansen Labs warrants that the Xogo device will be free from defects in materials and workmanship under normal use for one year from the date of purchase.

5.2 Software

The software provided with Xogo is licensed, not sold, to you. Your use of the software is subject to these Terms and any End User License Agreement (EULA) provided with the software.

6. User Content

You retain ownership of any content you submit, post, or display on or through our Services ("User Content"). By submitting User Content, you grant Bansen Labs a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with providing and promoting our Services.

7. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" 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. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANSEN LABS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

9. Indemnification

You agree to indemnify, defend, and hold harmless Bansen Labs and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms.

10. Modifications to Terms

Bansen Labs reserves the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

11. Termination

Bansen Labs may terminate or suspend your access to all or part of our Services, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of our Services, us, or third parties, or for any other reason.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions.

13. Dispute Resolution

Any dispute arising out of or relating to these Terms or our Services shall first be resolved through good-faith negotiations. If such negotiations fail, the dispute shall be submitted to binding arbitration in Pittsburgh, Pennsylvania, in accordance with the rules of the American Arbitration Association.

14. Contact Information

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

Bansen Labs
6024 Broad Street
Pittsburgh, PA 15206