Last updated: November 20th 2023
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between XETA Ventures, an individual business (entreprise individuelle) registered in France with the SIREN number 91331357300028 (“XETA Ventures”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Xeta Ventures’ executive and consulting services.
This Agreement specifies the terms under which Clients may access and use the services offered by Xeta Ventures. Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of Xeta Ventures' services, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Xeta Ventures shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Xeta Ventures for services rendered shall remain and continue to be an ongoing obligation owed by Client to Xeta Ventures.
1. Intellectual Property Rights
Unless otherwise indicated, the executive and consulting services provided by Xeta Ventures, as well as all related materials and resources, are the property of Xeta Ventures. This includes all methodologies, strategies, plans, documents, presentations, audio, video, text, photographs, graphics, and any other materials used or provided in the course of providing these services (herein, collectively or individually referred to as the “Content”). Additionally, any trademarks, service marks, logos, or branding used in association with Xeta Ventures' services (the “Marks”) are owned and controlled by Xeta Ventures and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of France, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of Xeta Ventures' services and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Xeta Ventures’ express prior written permission. Xeta Ventures reserves all rights in its services, Content, and Marks.
2. Ownership of Materials
Notwithstanding Xeta Ventures' ownership of Submissions, as described in Paragraph 5 (“Client Feedback”), all executive strategies, consulting plans, and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Xeta Ventures to become the owner of a Project, in whole or in part, rather than Client, Xeta Ventures irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Xeta Ventures as examples or as material to be incorporated into a project during the consulting process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Xeta Ventures always reserves the right to share the Client's project work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
3. User Representations
By engaging with the services provided by Xeta Ventures, Client represents and warrants that:
4. Prohibited Activities
Client shall not access or use Xeta Ventures' services for any purpose other than that for which these services are made available to the Client. The services provided by Xeta Ventures may not be used in connection with any commercial endeavors except those directly related to the work performed by Xeta Ventures on behalf of the Client. Further, Client agrees to refrain from the following:
5. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a “Submission”) related to the executive and consulting services of Xeta Ventures shall be the sole property of Xeta Ventures, and Xeta Ventures is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Xeta Ventures shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Xeta Ventures for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
6. Management and Oversight
Xeta Ventures reserves the right to monitor its service interactions for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. Xeta Ventures further reserves the right to restrict or deny access to its services or disable the Client’s use of its services. Such decision shall be in the sole discretion of Xeta Ventures, without notice or liability to the Client. All decisions regarding the management of the service and client interactions shall be at the sole discretion of Xeta Ventures and shall be designed to protect Xeta Ventures’ rights and property.
7. Privacy Policy
By engaging with the services provided by Xeta Ventures, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. Xeta Ventures' services are provided from France. Access to these services from the EU, Asia, the United States of America, or other regions of the world may result in the applicability of laws, statutes, or regulations differing from those of France which govern personal data collection, use, or disclosure. Client’s continued use of Xeta Ventures' services and the transfer of data to France constitutes express consent of Client to the transfer and processing of data in France. Xeta Ventures does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the relevant data protection regulations, upon the receipt of actual knowledge that an individual under the age of 16 (or a lower age if permitted by the laws of the Client's country) has provided personally identifiable information to Xeta Ventures without appropriate consent, Xeta Ventures shall delete that information as soon as reasonably practical.