Terms of Use

Please Read Carefully Before Using This Website: The following terms of service ("Terms of Use") govern your use of the xSQL Software Website (the "Site") and any web-based hosted services downloaded or accessed through the Site (collectively referred to herein as "Service(s)"), all of which are operated by Bright Minds Group, Inc., DBA xSQL Software, ("xSQL Software" or "we"). By using the Site and/or the Service, you irrevocably agree that such use is subject to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site or the Service. If you are entering into these Terms of Use on behalf of an entity, you are binding such entity to these Terms of Use, you represent that you have the actual authority to bind such entity to these Terms of Use, and references to “you” mean such entity.

xSQL Software expressly reserves the right to modify the Terms of Use at any time in its sole discretion by including such alteration and/or modification in these Terms of Use, along with a notice of the effective date of such modified Terms of Use. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (by, for example, sending an email to the billing contact you designate in your User Account (as defined below), through your User Account or in the Service itself). To the extent you have purchased a subscription to the Service, the modified terms will be effective as to such subscription Service upon your next subscription renewal. In this case, if you object to the updated terms, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew. In all other cases, any continued use by you of the Site or the Service after the posting of such modified Terms of Use shall be deemed to indicate your irrevocable agreement to such modified Terms of Use. Accordingly, if at any time you do not agree to be subject to any modified Terms of Use, you may no longer use the Site or Service.

User Account Registration, Passwords

Site Content

Your Use of the Site and Service

Linked Websites and Services

The Site and Service contains links to and integrations with third party websites and services, and you agree that xSQL Software provides links to and integrations with such websites and services solely as a convenience and has no responsibility for the content or availability of such websites or services, and that xSQL Software does not endorse such websites or services (or any products or other services associated therewith). Your use of such websites and services will be subject to the terms applicable to each such website and service.

LIMITATION OF LIABILITY

Privacy Policy

You acknowledge that you have read, understand and agree to xSQL Software's Privacy Policy located at https://www.xsql.com/privacy.aspx, which is hereby incorporated into and made a part of these Terms of Use by this reference.

Location of the Site and your Use

xSQL Software operates or controls the operation of this Site and the Service from offices in the United States. In addition, the Site and the Service may be mirrored, and other websites operated or controlled by xSQL Software may be located, at various locations in and outside of the United States. xSQL Software makes no representation or warranty that all of the features of this Site or Service will be available to you outside of the United States, or that they are permitted to be accessed outside of the United States. You acknowledge that you are solely responsible for any decision by you to use of this Site and/or the Service from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.

Notices

xSQL Software may give notice applicable to xSQL Software's general Service customer base by means of a general notice on the Service portal, and notices specific to you by electronic mail to your e-mail address on record in your User Account or by written communication sent by first class mail or pre-paid post to your address on record in your User Account. If you have a dispute with xSQL Software, wish to provide a notice under these Terms of Use, or become subject to insolvency or other similar legal proceedings, you must promptly send written notice to xSQL Software at xSQL Software, Inc., 10 Glenlake Pkwy, Ste 130, Atlanta, GA 30328; Attn: Legal.

General

These Terms of Use constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. You may not assign these Terms of Use without the prior written approval of xSQL Software, such approval not to be unreasonably withheld or delayed. These Terms of Use supersede all prior or contemporaneous discussions, proposals and agreements between you and xSQL Software relating to the subject matter hereof. No amendment, modification or waiver of any provision of these Terms of Use will be effective unless in writing and signed by an authorized representative of both parties. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under these Terms of Use. These Terms of Use are intended to be and are solely for the benefit of xSQL Software and you and do not create any right in favor of any third party. These Terms of Use will be governed by and construed in accordance with the laws of the State of Georgia, without reference to its conflict of laws principles. The Uniform Computer Information Transactions Act will not apply to this Agreement. All disputes arising out of or relating to these Terms of Use will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Georgia, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.