Terms of Service
Last updated
These terms set out the rules for using the xsphere.co website — what you may do with the content, what we are and are not responsible for, and which law applies. Work we do for clients is governed by the agreement signed for that engagement, not by this page.
1. Agreement to these terms
These terms are a legal agreement between you and Xsphere Technologies Co., Ltd. (“Xsphere”, “we”, “us”) covering your use of the xsphere.co website.
By using the site you accept these terms. If you do not accept them, please do not use the site.
2. What these terms cover
These terms apply to this website and the information on it. They do not cover:
- Our products Fary and Room, each of which has its own terms presented in the app and on its store listing.
- Client work, which is governed by the signed agreement, statement of work or proposal for that engagement. Where those documents conflict with these terms, those documents take precedence for that work.
3. Using the site
You may view, browse and print pages from this site for your own information or to evaluate working with us. In doing so you agree not to:
- Use the site for any unlawful purpose, or in a way that breaches these terms.
- Attempt to gain unauthorised access to the site, its servers or any connected system.
- Interfere with the site's operation, including by introducing malware or placing unreasonable load on it.
- Scrape, harvest or systematically extract content or contact details, or use automated tools to do so, without our written permission.
- Copy, republish or redistribute substantial parts of the site, or present our content as your own.
- Remove or obscure any copyright, trade mark or other proprietary notice.
We may suspend or restrict access to the site, in whole or in part, if we reasonably believe these terms are being breached.
4. Intellectual property
The site and its contents — including text, design, layout, graphics, logos, illustrations, code and the arrangement of all of it — are owned by Xsphere or licensed to us, and are protected by copyright, trade mark and other laws.
The names and logos of Xsphere, Fary and Room are our trade marks. You may not use them without our prior written consent, except to refer fairly and accurately to us or our products.
Nothing on the site transfers any ownership or licence in our intellectual property to you, other than the limited permission to view and print pages described in section 3.
5. What you send us
When you send us an enquiry, book an appointment or apply for a job, you confirm that the information you provide is accurate, that it is yours to share, and that sharing it does not breach anyone else's rights.
We treat personal information you send according to our Privacy Policy. Please do not send us confidential or proprietary information through the website before we have a confidentiality agreement in place — material sent to us outside such an agreement is not treated as confidential, and we may not be able to protect it.
Where you send us an idea, suggestion or feedback about our site or products, you agree we may use it without restriction or payment to you. This does not affect any rights you hold in your own underlying work, and does not apply to material covered by a signed agreement with us.
6. Links to other sites
The site may link to services we do not control, including app stores and social platforms. We provide those links for convenience. We are not responsible for the content, availability or practices of those services, and a link is not an endorsement.
Your use of a third-party service is governed by that service's own terms and privacy policy.
7. Availability of the site
We aim to keep the site available and the information on it current, but we provide it “as is” and “as available”.
We do not promise that the site will be uninterrupted or error-free, that defects will be corrected, or that the site is free of harmful components. We may change, suspend or withdraw any part of the site, or the whole of it, at any time without notice.
8. Information on the site is not advice
Content on the site — including blog posts, case material and descriptions of our services — is published for general information. It is not technical, legal, financial or professional advice, and you should not act on it without taking advice suited to your circumstances.
We take reasonable care with what we publish, but we do not warrant that it is complete, accurate or current, and we are not obliged to keep it updated.
9. Limitation of liability
Nothing in these terms excludes or limits liability where the law does not allow it to be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.
Subject to that, and to the maximum extent permitted by law:
- We are not liable for any indirect or consequential loss, or for loss of profit, revenue, business, goodwill, anticipated savings or data, arising from your use of the site or your inability to use it.
- Our total liability arising out of or in connection with the site and these terms is limited to one hundred United States dollars (USD 100), or the equivalent in Myanmar kyat.
This section does not limit our liability under a signed agreement for client work, which is governed by the limits set out in that agreement.
10. Indemnity
You agree to indemnify us against reasonable losses, costs and expenses we incur as a result of your breach of these terms, or your unlawful use of the site. We will notify you promptly of any claim and give you a reasonable opportunity to participate in its handling.
11. Governing law and disputes
These terms and any dispute arising from them or from your use of the site are governed by the laws of the Republic of the Union of Myanmar.
The courts of Myanmar have exclusive jurisdiction over any such dispute. If you are a consumer, this does not remove any protection or right to bring proceedings that the law of your country of residence gives you.
Before starting proceedings, we encourage you to contact us so we can try to resolve the matter directly.
12. Changes, severability and contact
We may update these terms. The date at the top of the page shows when they last changed, and your continued use of the site after a change means you accept the updated terms. We suggest reviewing them when you return to the site.
If any provision of these terms is found to be unenforceable, the rest remains in force. A delay in enforcing a provision is not a waiver of it.
For questions about these terms, contact us at legal@xsphere.co, or write to Xsphere Technologies Co., Ltd., Yangon, Myanmar.