The following XCITY Terms of Use and End User License Agreement is an agreement between you and XCITY.guide – “XCITY” (the “Agreement”), and shall govern your use of XCITY’s services and tools including the XCITY client software for mobile or other platforms as may be made available by XCITY located 229 rue saint honoré 75001 Paris, the XCITY website, products, the tools and any other XCITY application, service, software, component, functionality, program provided by XCITY.fun (collectively, the “XCITY Services”).Xcity App is run by Digital Interactive group Sasu. Ceo: Jean Jacques Palut, 229 rue saint honoré 75001 Paris RCS Paris 880 351 754

Your use of XCITY Services is governed by XCITY TERMS OF SERVICE placed on the Internet athttps://www.XCITY.guide(hereinafter the “General Terms”), by this Agreement, as well as Privacy Policy placed on the Internet at XCITY.guide portal (hereinafter the “Privacy Policy”). In case of contradiction between any provision of this Agreement and any provision in any of the General Terms, the provision of this Agreement shall prevail. By using the XCITY Services, you expressly agree with General Terms, this Agreement and Privacy Policy.

Any reference made in this Agreement to “XCITY” shall be deemed to have been made to XCITY, its subsidiaries, successors, assignees, and affiliates, as well as any company that controls XCITY, directly or indirectly, and any other subsidiary of that controlling company.

By registering at the XCITY Services, the User confirms that his age is sufficient for such registration under the applicable laws and/or he has all necessary consents (e.g. parental consents) in full compliance with the applicable laws, including for purposes of data protection laws, otherwise the registration at the XCITY Services and its using is prohibited.

By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.

XCITY license grants you a revocable, non-exclusive, non-transferable, limited access to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

By clicking the “I Agree” button you accept to provide the necessary information requested by the XCITY application pertaining to your personal information such as your first name, name and alias and any other future information that might be necessary to allow you to properly use the XCITY application.

Restrictions: You agree not to, and you will not permit others third party or commercial company (including yours) to: a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit or use the XCITY application on their behalf.

Limited License

XCITY is operating under Google License. Terms and conditions of using the Google Maps license are available athttps://cloud.google.com/maps-platform/terms/.

XCITY hereby provides you with a non-exclusive, non-transferable, limited license to use the XCITY client software (including, any mobile applications) provided to you by XCITY (the “Software”) basis subject to the terms and conditions of this Agreement, Privacy Policy and the General Terms. You are allowed to use the XCITY Services for personal non-commercial use only

XCITY Services

When using the Software on certain mobile devices XCITY may need to access and collect certain details and data from your mobile device including details of your location (shall include, but not be limited to country, state, city/town/locality, street).

XCITY collects and stores such information:

• to inform you about your location;

• to send you notifications or content according to your location;

• to show you content (e.g. images) according to your location;

• to inform you about certain points of interest (e.g. restaurants, hotels, etc.);

• to inform you about other user’s comments on certain points of interest;

• to improve XCITY Services.

Also, please note that XCITY may offer you functionality in which your log-in credentials are stored on your mobile device so that you can be automatically logged in to XCITY. If someone obtains access to your mobile device (e.g., through theft), the automatic log-in feature will enable such person to have access to your XCITY account. Therefore, in the event your mobile device is lost or stolen, it is your responsibility to contact your wireless carrier immediately to prevent the unauthorized use of your mobile device. In no case XCITY will be liable for your losses caused by any unauthorized use of your account in XCITY Services.

Also, by syncing your contacts, you will be able to find people you already know on XCITY. We upload and store your contacts on our server to improve your experience in XCITY application by suggesting new connections from people you already know.

Updates

The XCITY Services or any part thereof including, without limitation, any version of the Software installed on your mobile device may be changed, updated, added to, limited or terminated, at any time, temporarily or permanently, without notice, for any reason or no reason by XCITY in its sole discretion (“Updates''). You agree to bear the risks of and hold XCITY harmless for any and all effects that the Updates may have on you and your ability to use the Software and the XCITY Services, in whole or in part, as a vehicle navigation system or for any appropriate information searching.

Restrictions on Use

You may use the XCITY Services’ features, offerings and content for lawful purposes only. You may not (1) enter any information for the purpose of impersonating another person, (2) violate the intellectual property rights of any person, (3) enter offensive details, or (4) use XCITY for any illegal purposes.

Moreover, you agree not to block, disable or otherwise affect any advertising, or other features that constitute an integral part of the Software and XCITY Services, unless you purchase an additional service to disable advertising. In addition, you may not create any software or incorporate into any software any portion of the XCITY Services or enable communication between the XCITY Services and any other service except as specifically permitted by XCITY.

Proprietary Rights

XCITY and its licensors own all intellectual property in the XCITY Services and the proprietary XCITY databases, including but not limited to XCITY components and algorithms, and access to the XCITY Services’ server complex, except intellectual property granted to XCITY under google maps license.

You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works or in any way exploit the content of the XCITY or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material owned by XCITY without the express permission of XCITY.

No license is granted to you in this Agreement, either expressly or implicitly, to use any trademarks, service marks, names, or logos of XCITY.

Privacy Policy

In order for you to feel comfortable in communicating using the XCITY Services, XCITY has adopted a privacy policy that governs how XCITY processes and treats the information it collects from you. By your use of any of the XCITY Services, you authorize the collection, use, and disclosure of information by XCITY as provided for under XCITY’s then-current Privacy Policy and this
Agreement.

Monitoring

Unless produced by XCITY, the information you access or receive by using the XCITY Services, is provided by the users, is entered or posted by them, and is not controlled, verified or endorsed by XCITY in any way. XCITY has the right, but not the obligation, to monitor content made available on or through the XCITY Services, to determine compliance with this Agreement and any other operating rules that may be established by XCITY from time to time. With respect to user’s content/information, XCITY employees do not monitor such content/information but XCITY may employ certain automatic computer systems and filters to scan such messages for the purpose of limiting the sending of spam or other unsolicited commercial content through the XCITY systems. Users shall remain solely responsible for their content/information. You acknowledge and agree that XCITY shall not assume or have any liability for any action or inaction by XCITY with respect to any conduct within the XCITY Services.

Additional services

At the wish of the User XCITY shall provide the User with the paid Additional service such as the refusing to display advertising in the mobile application XCITY (hereinafter the “Additional service”). Additional service can be ordered in the settings of the mobile application XCITY. The terms and procedure for purchasing an Additional service are set out in Section of the General Terms. Additional service can be provided for a week, month, year – at the User’s choice. Any and all fees payable for the Additional service are non-refundable.

Other Services

The XCITY Services may contain features, functionalities and/or third party offerings that may link you or provide you with certain reference, functionality or products of third parties (“Other Services”). These Other Services are provided by XCITY only as a convenience. The Other Services are not controlled by XCITY in any way and XCITY is not responsible for the content of any such Other Services, any link contained therein or for the performance, availability, or quality, of any Other Service. If you choose to install and/or use any such Other Services then your use is subject to such Other Services license agreement, terms of use and privacy policy. XCITY does not warrant or guarantee that the information sent through the network of Other Services will reach its destination or that the details of the recipient or sender are correct or accurate. In addition, the offering of these features does not imply endorsement of the Other Services by XCITY. Furthermore, XCITY does not endorse any service or product that may be offered by any third party advertising through the XCITY Services. In no event shall XCITY be liable to anyone for any damage arising from or occasioned by the creation or use of the Other Services or the information or material accessed or delivered through the Other Services.

Disclaimer of Warranties

The XCITY Services and Software are provided on an “as is, as available” basis. XCITY makes no and hereby specifically disclaims all warranties, express or implied, including, without limitation, those of merchantability, non-infringement, title, accuracy and fitness for a particular purpose unless such warranties are legally incapable of exclusion. XCITY does not warrant, guarantee or make any representations regarding the use, availability or reliability of the Software, or the XCITY Services, unless such warranties are legally incapable of exclusion. The entire risk as to the results and performance of the Software, and the XCITY Services is assumed by you.

XCITY does not warrant or guarantee that all Software versions shall be provided with similar grades and level of service, features, functionality and the ability to use the XCITY Services. XCITY does not warrant or guarantee (1) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; (2) that the XCITY Services and the functions or services performed by XCITY will be uninterrupted or error-free; or (3) that defects in the XCITY Services will be corrected. You are solely responsible to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system.

Security and Privacy Limitations

Please note that the XCITY Services, as with most Internet applications, are vulnerable to various security issues and hence should be considered unsecured. By using the XCITY Services and the Internet in general, you may be subject to various risks, including among others:

1. Exposure to objectionable material and/or parties, including without limitation, contaminated files.

2. Unauthorized invasion of your privacy during, or as a result of, your use or another’s use of the system.

3. Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, “imposturing”, electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer (or any other device) and other forms of activity that may even be considered unlawful.

4. Unauthorized exposure of information and material you listed or sent, on or through the XCITY system to other users, the general public or any other specific entities for which the information and material was not intended by you.

5. That information, data or messages may not reach their destination or may reach an erroneous address or recipient and may be viewed by such recipients.

6. Downloading viruses or other files from other users that may cause damage to your device.

7. Others may be able to view your IP address or location.

You acknowledge that you are aware of the risks and limitations of the XCITY Services and that while XCITY may provide you with certain security and privacy features that such features are provided to you as a convenience only and may not operate according to their description or may not operate at all. If you do not wish to be subjected to these risks, you are advised not to use the XCITY Services. Furthermore, please do not use the XCITY Services for “Mission Critical” or “Content Sensitive” applications and purposes. For the purpose of this section “Mission Critical” applications and purposes shall mean applications and use that may result in damage; “Content Sensitive” shall mean any information or data you do not wish to be freely accessible and generally available to Internet users.

Charging Policies

Unless expressly stated to you by XCITY, the XCITY Services are provided to you free of charge. However, XCITY may charge fees for some advanced features in the XCITY Services. If any payments were made for any materials, equipment, products or services that bundle or offer any part of the XCITY Services, or for accessing the XCITY Services through any platform or network (including any telephone or communication charges), you acknowledge, that such payments were made for the equipment, products, services or access offered, and not for the actual XCITY Services.

While XCITY does not currently charge for use of XCITY Services on mobile devices, please note that when using XCITY Services on mobile devices you may be charged by your cellular operator for data or access to the Internet. Therefore, please check with your cellular provider of any charges that will apply when using the XCITY Services through your mobile device.

There may be extra charges to use or access certain premium or subscription content, products or services (“Premium Services”) on or through the XCITY Services. The Premium Services may be subject to additional terms and conditions, which will supplement this Agreement. You will need to agree to such additional terms and conditions in order to access any Premium Services.

Communications from XCITY

XCITY may send (i) notices about your use of the XCITY Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information, to your XCITY account or to a mobile phone number provided by you on or through any of the XCITY Services.

Termination

XCITY may at any time terminate your access to the XCITY Services, cancel, change, introduce different options and features to different users or refrain from publishing any other details of the users on the various XCITY directories and listings for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of this Agreement or the XCITY Terms of Service. XCITY has no obligation to provide you a warning prior to termination of your use of the XCITY Services.

Support

You understand that your use of the XCITY Services is at your own risk and that XCITY is not obliged to provide you with any assistance. XCITY is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software or any XCITY Service.

Changes to Agreement

XCITY may change, from time to time, the terms of this Agreement with or without prior notice to you, and it’s your responsibility to review this Agreement for any changes. By continuing to use the XCITY Services, you signify your consent to the new or revised Agreement. If you do not agree to the revised Agreement you shall discontinue the use of the XCITY Services. Subject to the foregoing, you further agree to be bound by the provisions of the Agreement available on the XCITY portal, if such license is marked with a more recent date than that on the license agreement that accompanies your Software.

Electronic Notices

By using any of the XCITY Services, you consent to receive legally required communications, including notices, agreements, disclosures or other information in connection with any of the XCITY Services electronically from XCITY (collectively, “Notices”). You agree that XCITY generally can send you electronic Notices by (i) by SMS (text message) to your mobile device (ii) “System” notice, or any other form of notice, on any of the XCITY Services and/or by (iii) posting the Notices on a main or other page of XCITY portal. You agree that certain supplemental or enhanced services made available to XCITY users may also have their own Notice procedures.

The delivery of any Notice from XCITY is effective when sent by XCITY, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the XCITY Services.

Transfer of Rights

XCITY may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, successor thereof or to any third party whatsever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement.

On all issues related to this Agreement, please use the e-mail addresshello@xcity.guide