Terms and Conditions of

These Terms govern

• the use of this Application, and,
• any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where this Application has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

This Application is provided by:

Xtoune

Owner contact email: xtoune@163.com

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Application, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;

• Users must be recognized as adult by applicable law;

• Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
• Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

Content on this Application

Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Application - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

In particular, on this Application Users may see advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed via this Application. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement.

The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.

Acceptable use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms;
• infringe any third-party rights;
• considerably impair the Owner’s legitimate interests;
• offend the Owner or any third party.

Contract duration

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

Subscriptions handled via Apple ID

Users may subscribe to a Product using the Apple ID associated with their Apple App Store account by using the relevant process on this Application. When doing so, Users acknowledge and accept that

• any payment due shall be charged to their Apple ID account;
• subscriptions are automatically renewed for the same duration unless the User cancels at least 24 hours before the current period expires;
• any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;
• subscriptions can be managed or cancelled in the Users’ Apple App Store account settings.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a annual basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it . You may cancel your Subscription renewal either through your online account management page or by contacting xwavlive customer support team.
• Pro Professional Members:
• A. Privacy Agreement: https://www.ia800.com/xwavx/live/privacy/
• B. User Agreement: https://www.ia800.com/xwavx/live/terms/
• Auto-renewing subscriptions service description:
• 1. Subscription services:
• Pro Professional Membership Continuous Year Package (1 year)
• Pro Professional Membership Continuous Year Package (1 month)
• 2. Subscription price:
• The price of the Pro continuous annual package (1 year) is $14.99 USD
• The price of the Pro continuous annual package (1 month) is $2.99 USD
• 3. Pro benefits: Free use of professional plugins during membership period.
• Membership automatic renewal subscription instructions:
• 4. Payment: After the user confirms the purchase and makes the payment, it will be credited to their iTunes account
• 5. Automatic renewal: The Apple iTunes account will be charged within 24 hours before expiration, and the subscription cycle will be extended by one subscription cycle after successful deduction.
• 6. Turn off service: You can go to the iTunes Store and App Store in "Settings" on your Apple phone, click on "Apple ID", select "View Apple ID", enter the "Account Settings" page, click "Subscription", and manage the automatic subscription service. If you need to cancel, you can turn off the service 24 hours before the end of each billing cycle, and no fees will be charged within 24 hours before the expiration
• 7. Privacy Policy: https://www.ia800.com/xwavx/live/privacy/
• 8. User Agreement (EULA): https://www.ia800.com/xwavx/live/terms/

The above shall prevail upon any conflicting or diverging provision of these Terms.

standard Apple Terms of Use (EULA)