Terms and Conditions of XAPS

XAPS TERMS AND CONDITIONS

Effective Date: September 15, 2024

1. ACCEPTANCE OF TERMS

These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you (the “User”) and BNTM Technologies Inc. (the “Company”) governing the use of the XAPS digital NFC business card platform (the “Platform”). By accessing, registering for, or utilizing the Platform, you expressly acknowledge and agree to comply with these Terms and the Company’s Privacy Policy. If you do not agree to these Terms, you must immediately cease all use of the Platform.

2. USER REGISTRATION AND INFORMATION STORAGE

2.1. Upon registration, the User shall provide certain personal and professional information, including but not limited to name, email address, phone number, and professional details, for the purpose of creating an NFC digital business card (the “User Information”).

2.2. The User acknowledges and agrees that:

(a) User Information shall be securely stored on the Platform;

(b) The User may elect to make certain portions of their User Information publicly accessible;

(c) The Company shall not be liable for any third-party access, use, or misuse of User Information that has been voluntarily made public by the User; and

(d) The accuracy, completeness, and lawfulness of the User Information provided is the sole responsibility of the User.

3. PUBLIC INFORMATION AND LIABILITY DISCLAIMER

3.1. The User retains full control over what portions of their User Information are made publicly available through the Platform. However, once such information is made public, it may be accessed, stored, shared, or used by any third party that interacts with the digital business card.

3.2. The Company expressly disclaims any and all liability for the misuse, unauthorized access, or third-party actions resulting from the public disclosure of User Information. By choosing to make User Information publicly available, the User unconditionally waives any claims against the Company arising from third-party use of such information.

3.3. The User assumes full responsibility for any interactions, communications, or relationships that result from publicly shared User Information.

4. GUIDELINES FOR INFORMATION AND CONTENT SUBMISSION

4.1. The User agrees that all content and information submitted to the Platform shall adhere to the following Content Guidelines:

(a) Accuracy – All submitted information must be truthful, accurate, and not misleading;

(b) Legality – No content may violate any applicable local, national, or international laws or regulations;

Infringes upon the intellectual property rights of third parties;
Is defamatory, obscene, offensive, or discriminatory in nature;
Promotes harassment, violence, or unlawful conduct;
Contains malicious software, viruses, or any other harmful components;
Is inappropriate for a professional networking environment.

4.2. Any violation of these Content Guidelines may result in the removal of the User’s information and/or suspension or termination of their account, at the Company’s sole discretion.

5. RIGHT TO MODIFY OR REMOVE CONTENT

5.1. The Company reserves the right, without prior notice, to review, remove, or modify any content or information that:

(a) Violates these Terms or applicable law; (b) Is deemed harmful to the integrity of the Platform or its users; or (c) May adversely impact the Company’s reputation or legal standing.

5.2. The Company is under no obligation to notify the User prior to content removal and shall not be liable for any damages arising from such removal or modification.

6. USER CONSENT AND RESPONSIBILITY

6.1. By using the Platform, the User consents to the collection, processing, and storage of their User Information in accordance with these Terms and the Privacy Policy.

6.2. The User remains solely responsible for the accuracy, lawfulness, and compliance of the information they provide and acknowledges that they may update or modify their information at any time through their account settings.

6.3. The User expressly assumes all risk associated with making their User Information publicly available and waives any claims against the Company for any resulting consequences.

7. PRIVACY POLICY

7.1. The Company is committed to protecting the User’s personal information in accordance with the Philippine Data Privacy Act of 2012 (Republic Act No. 10173).

7.2. The User’s personal data shall be used solely for the purposes outlined in these Terms and the Privacy Policy and shall not be shared with third parties without explicit User consent, except as required by law.

7.3. Additional details regarding data collection, retention, and usage can be found in the Privacy Policy.

8. LIMITATION OF LIABILITY

8.1. To the maximum extent permitted by applicable law, the Company disclaims all liability for any:

(a) Direct, indirect, incidental, or consequential damages arising from the User’s use of the Platform; (b) Loss of data, business opportunities, revenue, or profits; (c) Issues or disputes arising from the User’s decision to make their information publicly accessible; (d) Third-party interactions or damages resulting from the use of the Platform.

8.2. The User agrees to utilize the Platform at their own risk.

9. INTELLECTUAL PROPERTY

9.1. All proprietary rights, including but not limited to trademarks, service marks, software, and design elements associated with the Platform, remain the exclusive intellectual property of the Company.

9.2. The User shall not copy, distribute, modify, or create derivative works of any portion of the Platform without prior written consent from the Company.

10. MODIFICATION OF TERMS

10.1. The Company reserves the right, at its sole discretion, to modify or update these Terms at any time without prior notice. Such modifications shall become effective immediately upon being posted on the Platform.

10.2. Continued use of the Platform following such modifications constitutes the User’s acceptance of the revised Terms.

11. TERMINATION OF SERVICE

11.1. The Company may, at its sole discretion, suspend or terminate a User’s account and access to the Platform, with or without prior notice, for any reason, including but not limited to:

(a) Violation of these Terms; (b) Actions that may compromise the security or integrity of the Platform; (c) Any unlawful, fraudulent, or abusive use of the Platform.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

12.2. Any disputes arising from or relating to these Terms shall be exclusively submitted to the competent courts of the Philippines.

13. CONTACT INFORMATION

13.1. For any questions, concerns, or legal inquiries regarding these Terms, the User may contact the Company at contact@xaps.me.

By using the XAPS Platform, the User acknowledges that they have read, understood, and agreed to these Terms and Conditions in their entirety.