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Xerabyte's Terms of Service

1.
Intellectual Property

1.1 All content, logos, trademarks, and materials on our website are the property of Xerabyte unless otherwise stated. You may not use, reproduce, or distribute any content without our express permission.

1.2 All details including a request of full control of the website, app, game and/or software has to be informed beforehand.

1.3 If the client want to make changes to the app, website, game and/or software the client has to inform us beforehand.

1.4 If the client want's to have all files of the developed app, website, game and/or software the client must inform this beforehand to avoid any fees or license(s) fees for a given time.

1.5 The client may be able to request changes to the developed app, website, game and/or software unless there is a specific agreement between the parties to grand access to the app, website, game and/or software, if the client has access to it or can access files through a way of granting permission or has limited control or has requested to access all data of the developed topic, than there may be a fee or payment involved.

1.6 If the client want's to make changes to the agreement or want's to end the service such as the app, website, game and/or software the client has to inform this before the end of the license year and must still pay the monthly fee till the end of the licensed year. If the client has requested it just after the start of the new licensed year the monthly fee will still continue till the end of the new licensed year.

2.1 You agree not to engage in any unlawful, abusive, or harmful behavior while using our services.

2.2 You are solely responsible for any content you submit or upload to our website/app and must ensure it complies with our community guidelines and applicable laws.

2.3 It is your responsibility to fill all details correctly and complete any invoice within the time period shown in your invoice.

2.4 Xerabyte will send emails, messages and details through post, therefor it is your responsibility to make sure you've filled in any details correctly, additionaly it is your responsibility to make sure you cheack your emails, posts, messages, etc.

2.5 Any website, app, or platform that operates under or references Xerabyte's Terms of Service and/or Privacy Policy, and includes a guest mode (i.e., access without account creation, or similar functionality), will be considered as having automatically agreed to Xerabyte’s Terms of Service and Privacy Policy.

By continuing in guest mode, users are deemed to have accepted all applicable conditions.
Furthermore, any individual or entity using or operating under Xerabyte’s policies agrees that these terms will fully apply in all forms of guest access, without exception.

2.
User Conduct

3. Limitation of Liability

3.1 We strive to provide accurate and reliable information and services, but we do not guarantee their completeness or accuracy.

3.2 Xerabyte shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of our website or services.

4.
Changes to Terms

4.1 We reserve the right to update or modify these Terms of Service at any time without prior notice. Your continued use of our services after such changes constitutes acceptance of the updated terms.

5.
Payments

5.1 Payment Terms:
Clients are required to make payments in accordance with the pricing and payment schedules outlined in their individual agreements or invoices. By default, anyone using or intending to use Xerabyte's services automatically agrees to these terms, especially when using the Xerabyte app. Clients can request a contract or a separate agreement, which must be agreed upon with Mehmet Demir, the owner and founder of Xerabyte. This request can also be denied.

5.2 Payment Methods:
The payment methods accepted by Xerabyte are detailed within the Xerabyte app and specified in the invoice. These methods include iDEAL, Google Pay, Apple Pay, Klarna (note: Klarna cannot be used for monthly payment subscriptions), and other available payment options. Clients can refer to the Xerabyte app for a comprehensive list of accepted payment methods and their availability.

5.3 Late Payments:
Any overdue payments or failure to make payments after the due date may result in additional actions. Xerabyte reserves the right to send a formal notice via post to the client's provided address, informing them of the overdue payment. An email will also be sent if penalties are involved. Before penalties are applied (which include a fee for late payments after the due date), an informative reminder will be sent through post to the client’s address. The client must make the payment within 24 hours of receiving this reminder. If the payment is made within the 24-hour period, no penalty will be applied. However, if the payment is not received within 24 hours, the penalty will take effect, calculated from the moment the due date ended. Once Xerabyte has sent the notification informing the client that penalties are involved, it is not the responsibility of Xerabyte to inform the client each time an additional penalty is added. The client is clearly informed beforehand, and it is up to the client to manage their payments thereafter.

5.4 Refund Policy:
Typically, Xerabyte does not offer refunds, as our services involve networks and servers that incur ongoing operational costs. This policy primarily applies to manual bank transfers. Initial startup and monthly fees are non-refundable. However, clients are encouraged to inquire if a refund is possible in specific cases. For example, if an overpayment has occurred, Xerabyte may refund the excess amount. Clients can always request a calculation to confirm payment details. If a payment is refundable, Xerabyte will clearly inform the client. If no statement is made regarding a refund, it should be assumed that the payment is non-refundable. It is not Xerabyte’s responsibility to re-calculate every time a payment is made; however, if a client calculates their payments and finds a discrepancy, they may request a re-calculation.

5.5 Taxes and Additional Charges:
All payments may be subject to applicable taxes, fees, or additional charges as required by local or international laws. Clients are responsible for any such charges unless otherwise agreed upon in writing.

5.6 Recurring Payments:
For services with recurring fees, such as maintenance or hosting, clients will be billed on a regular schedule as outlined in the service agreement. Failure to make recurring payments may lead to service suspension.

5.7 Payment Plans:
If a flexible payment plan has been agreed upon, the terms of that plan will be detailed in the agreement. Any default in payment may lead to the re-evaluation of the plan or termination of the service.

5.8 Cancellation Policy:
Clients who wish to cancel their services must clearly inform Xerabyte before the 28th day of the month in which they wish to stop the service. This notice does not guarantee that the service will be stopped within the same month, but it increases the likelihood of a smoother transition and is beneficial for the client. Depending on the service agreement, cancellation fees may apply.

5.9 Payment Obligation for Started Services:
If Xerabyte has begun work on a requested service, the initial (startup) payment must be paid in full, even if the client decides not to continue with the service. Additionally, if the service has been worked for at least 60%  and if the requested service involves a monthly fee (which has been activated or payed upfront by Xerabyte), such as for website, webshop, app, or software development, the client is responsible for paying the monthly fee aslong as it stayed online. Xerabyte reserves the right to demand payment and may take legal action if the payment is denied. However, to avoid this course of action, Xerabyte offers a flexible payment plan to accommodate clients in such situations.

5.10 E-invoices (E-Factuur):
All our invoices are made through the Xerabyte app which is a semi-automated to automated system where the invoices are being made, send and payed however, you have the right to request a paper invoice.

5.11 Invoice due dates / deadlines:
All invoices has their own due dates / deadlines, this means that the client must pay within the given timeline. This given timeline may (but doesn't has to) be agreed between both parties, if not then a default invoice deadline should be added by 14 days unless it goes agianst licenses, fees or the agreement of the contract if applicable, The client can always request to have a shorter/longer deadlines however this must be agreed by Mehmet Demir and a flexible payment plan will be made which may (but doesn't have to) include a contract.

5.12 Accidental Damage During Service
In the rare event that accidental damage occurs to the Client's equipment (e.g., PC, laptop, or related hardware) during the execution of a service provided by Xerabyte, the Client will be informed immediately. Xerabyte will document the incident and notify its insurance provider to initiate any applicable claims or resolutions.

While the Client's cooperation during the resolution process (e.g., providing receipts, damage photos, or serial numbers) is appreciated and may expedite the process, it remains entirely optional.

Should the damage require full replacement or repair of the affected equipment, and the incident qualifies for coverage under Xerabyte’s insurance, the Client agrees to pay a fixed deductible (eigen risico) of €125,-. This amount must be paid prior to the finalization of any replacement, repair, or reimbursement.

6. Transport & Delivery Disclaimer

6.1 By using our services, the client acknowledges and agrees that any damage, loss, or theft that may occur during or after transport, delivery, or transfer of goods — whether completed personally or through customer-approved drop-off (e.g., leaving at a specified location) — is entirely at the client’s own risk and responsibility.

6.2 Once an item has been repaired, sold, or otherwise handed over for delivery, any incidents occurring during transportation, including but not limited to cosmetic damage (scratches, dents), internal damage, or environmental exposure, are not covered by our liability and will not be eligible for reimbursement, replacement, or repair.

6.3 All service documentation, including these Terms of Service, is provided in English. The English version is legally binding, and it is the client's own responsibility to seek translation or clarification. The use of English is chosen as an international standard and does not place any obligation on our part to provide translations in any other language.

7. Dataleaks

7.1 Notification of Data Breaches
In the event of a data breach involving Xerabyte’s systems or services, the Client will be promptly informed. Notification will occur without undue delay upon discovery of the breach and will include the nature and scope of the breach, to the extent known at the time.

7.2 Scope of Disclosure
Xerabyte will provide the Client with all available and relevant information concerning the nature of the breach, the types of data potentially compromised, and any remedial steps taken or to be taken. Xerabyte will continue to update the Client as additional information becomes available.

7.3 Prohibition of Unauthorized Disclosure
It is strictly prohibited for any party, including Clients, to disclose, share, distribute, or publicize any confidential or private information belonging to Xerabyte, its systems, or its users without explicit written permission. Unauthorized disclosure may result in legal action.

7.4 Prohibition of Malicious Use of Data
Any use, sharing, or publication of Xerabyte-related data or information — including user data — in a defamatory, harmful, or unlawful manner is strictly forbidden and will be prosecuted to the fullest extent of the law.

7.5 Duty to Report
If a Client or third party becomes aware of any data breach, data leak, or unauthorized access to Xerabyte's systems or data, they are legally and ethically obligated to report the incident to Xerabyte immediately. Failure to disclose such information may constitute an unlawful act and will be treated seriously, potentially resulting in legal consequences.

7.6 Data Integrity and Responsibility
Xerabyte shall take reasonable measures to ensure the security and integrity of all stored data. However, the Client acknowledges that no system is completely immune from breaches, and Xerabyte shall not be held liable for damages resulting from breaches caused by external malicious attacks beyond Xerabyte’s reasonable control.

7.7 Cooperation During Investigation
The Client agrees to fully cooperate with Xerabyte and any appointed cybersecurity or legal professionals during the investigation of a breach, including providing relevant logs, communication, or other necessary information.

7.8 Indemnification
The Client agrees to indemnify and hold harmless Xerabyte, its affiliates, and employees from any claims, losses, or damages (including legal fees) arising out of the Client’s breach of these terms, including but not limited to the mishandling or unauthorized disclosure of data.

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7.9 Logging and Retention of CommunicationsTo ensure transparency, accountability, and legal compliance, all communications with Xerabyte — including but not limited to emails, messages, support chats, and phone calls — may be logged, recorded, and retained. These records may be used as evidence in the event of disputes, abuse, fraud, or any potentially unlawful behavior.By communicating with Xerabyte or by using any of its services, the Client expressly agrees and provides consent to the documentation and retention of such communications, and acknowledges that such data may be submitted to legal authorities or used in legal proceedings if necessary.

8. Data Breach Protocols

8.1 Client Protocol in the Event of a Data Breach or Data Leak

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In the event that a Client becomes aware of or suspects a data breach or data leak involving Xerabyte services or data, the Client is required to follow the steps below immediately:

  1. Immediate Notification
    The Client must notify Xerabyte within 24 hours of discovering or suspecting a breach or leak. Notification must be sent to:
    Email: support@xerabyte.com
    Phone: +31 648 225 835

  2. Include Detailed Information
    The notification should include:

    • The date and time the breach or suspicion was discovered.

    • The nature of the breach (e.g., unauthorized access, data loss, leak).

    • Systems, services, or data potentially affected.

    • Any evidence (e.g., logs, screenshots, suspicious behavior).

  3. Cease Suspicious Activity
    If applicable, the Client must immediately cease any use of affected systems or services until Xerabyte gives clearance to continue.

  4. Preserve Evidence
    The Client must avoid deleting, altering, or tampering with any evidence related to the breach.

  5. Full Cooperation
    The Client must cooperate fully with Xerabyte’s investigation, including answering follow-up questions and allowing access to necessary information or systems.

8.2 Xerabyte Protocol in the Event of a Data Breach or Data Leak

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When Xerabyte becomes aware of a potential or confirmed breach or leak, the following steps will be taken to contain, investigate, and respond appropriately:

  1. Immediate Containment

    • Isolate affected systems to prevent further unauthorized access or data loss.

    • Suspend compromised services temporarily if needed.

  2. Internal Investigation

    • Initiate a full internal investigation led by Xerabyte’s security and legal teams.

    • Review logs, audit trails, and system activity to determine the scope and source of the breach.

  3. Client Notification

    • Notify affected Clients within 72 hours, or earlier if required by law or if significant harm is likely.

    • Provide an initial summary and follow up with detailed findings as they become available.

  4. Legal and Regulatory Compliance

    • Report the incident to the relevant data protection authority (e.g., Dutch Autoriteit Persoonsgegevens or other EU body) if the breach meets the threshold for mandatory reporting under the GDPR (AVG).

    • Document the breach according to GDPR Article 33 and 34 obligations.

  5. Remediation Measures

    • Patch vulnerabilities or weaknesses.

    • Re-secure affected systems.

    • Implement any necessary technical or procedural updates to prevent recurrence.

  6. Final Report and Follow-Up

    • Deliver a full report to all affected parties detailing:

      • The cause and timeline of the breach.

      • Data types compromised.

      • Remediation and protection measures taken.

    • Offer support or recommendations to the Client on securing their end systems if applicable.

Privacy Policy

Information We Collect

a. Personal Information:
Name, Email address, Phone number, Payment information (if applicable)

b. Usage Data:
IP address, Browser type, Device type and operating system, Pages visited within the app, Time and date of usage

c. Cookies and Tracking Technologies:
We use cookies and similar tracking technologies to track activity on our app and store certain information.

3. How We Use Your Information
We use the collected information to:
Provide and maintain our services
Improve and personalize your experience
Process transactions and send notifications
Communicate with you about updates, promotions, and service-related information
Analyze usage and trends to improve the app

4. Sharing Your Information
We may share your information with:
Service providers who assist in our operations
Legal authorities if required by law
In connection with any merger, sale, or transfer of our business assets

5. Security of Your Information
We implement a variety of security measures to maintain the safety of your personal information. However, no method of transmission over the internet or electronic storage is 100% secure. Therefore, we cannot guarantee its absolute security.

6. Your Data Protection Rights
Depending on your location, you may have the following rights regarding your personal information:
Access: Request a copy of the data we hold about you.
Rectification: Request correction of inaccurate or incomplete data.
Erasure: Request deletion of your personal data.
Restrict Processing: Request to limit the processing of your data.
Data Portability: Request to transfer your data to another service.

7. Account Deletion
If you wish to delete your account, you can do so by:
- going to your profile and pressing the "Delete Account" button in our app.
- Sending an email to support@xerabyte.com with the subject "Delete Account" including your username/email used for the account.
- After a minimum of 6 years time your account (wihtout any activity) and all archives (passing the 6 years time) will be deleted/destroyed.
- Opening a support ticket through the app or our website, which will take time to process your request (within 30 days) and confirm once your account has been deleted.

8. Children's Privacy
Our services are not directed to children under 13. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal data from a child under 13, we will take steps to delete such information.

9. Changes to This Privacy Policy
We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes.

10. Contact Us
If you have any questions about this Privacy Policy, please contact us:
By email: support@xerabyte.com

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