Terms of Service

By using Xamun through app.xamun.com (”Xamun”, “Service” or “Services”) and all content, services, and products available at or through the blog, websites, and apps owned by BlastAsia Inc. (”we”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Any new features to current Service, including the release of new content or apps, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

BlastAsia Inc. reserves the right to modify the Terms of Service from time to time and you will be informed of these changes. Continued use of the Service after notice of any change in to the Terms shall constitute your consent to such changes. You will be given notice through electronic mail or by publishing the changes on www.xamun.com/termsofservice


I.           General Terms and Conditions

        i.           You must be at least 13 years old to use this Service.

        ii.           Xamun user accounts (”Account” or ”Xamun Account”) registered by “bots” or other automated methods are not allowed.

      iii.           You must provide a valid email address to complete the sign up process.

      iv.           We only allow a 1:1 relationship between login credentials and people for each Account. This means a single login cannot be used by multiple people. You may create separate logins for as many people as deemed necessary.

      v.           You have sole responsibility for ensuring the security of your Account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. For more details, see section on “Personal and Organizational Information Privacy”.

      vi.           You are responsible for all information posted and activity that occurs under your Account (“Content” or “Contents”). This applies to Content posted by you or by other users under your Account. For more details, see sections on “Copyright and Content Ownership” and “User Generated Content”

    vii.           You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). For more details, see section on “Spamming and Illegal Activities”

  viii.           You understand that BlastAsia Inc. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

      ix.           You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, BlastAsia Inc., or any BlastAsia Inc. other. On the other hand, any integrations authorized by BlastAsia Inc. that involve modifying another website is allowed.

      x.           You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by BlastAsia Inc..

      xi.           BlastAsia Inc. may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

    xii.           Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Xamun user or employee of BlastAsia Inc. will result in immediate account termination.

  xiii.           You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  xiv.           The failure of BlastAsia Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and BlastAsia Inc. and govern your use of the Service, superceding any prior agreements between you and BlastAsia Inc. (including, but not limited to, any prior versions of the Terms of Service).

  

II.           Description of the Service

Xamun is a SaaS product that has applications for project management, customer relationship management (CRM), human resource management, and collaboration.

Xamun has the following features inside:

1.       Project Management

Task Board and Gantt Chart, Task List, Time Tracking

2.       CRM

Account Management, Contract Management, Deployment Management, Sales Pipeline, Invoicing

3.       Human Resource Management

Personnel Records, Management Approvals

4.       Collaboration

Chat, Discussion Threads

Aside from these features available on the web application, Xamun also has extension mobile applications.

 

III.           User Sign Up

To sign up for an Account, you need to provide all required information in order to access or use the Services. We strongly recommend that if you represent an organization and intend to use the Services for organizational use, you and all other users from your organization should sign up for Accounts by providing your organizational contact information. This includes using your organizationalemail address. You agree to: a) provide true, accurate, current and complete information about yourself as required during the sign up process; and b) maintain and update the information to keep it true, accurate, current, and complete. If you fail to do so, or if BlastAsia Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we reserve the right to terminate your Account and refuse current or future use of any or all of the Services.

 

IV.           Personal and Organizational Information Privacy

Personal and organizational information you provide to BlastAsia Inc. through the Service are governed by the Xamun Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Xamun Privacy Policy. As mentioned in the General Terms and Conditions above, you are responsible for ensuring the security of your account and password. BlastAsia Inc. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You also agree to inform us immediately of any unauthorized use of your user account by email to team@xamun.com

 

V.           Communications from BlastAsia Inc.

The Service may include certain communications from BlastAsia Inc., such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Service. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

  

VI.           Fees and Payments

        i.           General Terms

1.       The Company Administrator is, by default, the individual from a company who first registers an Account. The Company Administrator holds the responsibility of settling subscription fees that the organization may incur. Whoever takes on the role of the the Company Administrator can be updated in Account Settings > Company Setup.

2.       The use of the Service is free for the first 15 days. This serves as a trial period for the users. Should there be a need to extend the trial period, the Company Administrator should send an email to team@xamun.com to request for another 15-day trial. If no request has been sent to extend the trial period, the account will be deactivated until the organization has subscribed to the Service and become a paid Account.

3.       To become a paid Account, you need to subscribe to Xamun. The monthly or annual subscription fee for paid Accounts is calculated based on the number users registered under the business. The monthly subscription fee is $12 per user and is applicable to any user count under each Account. Annual subscription fees is $144 per user.

4.       Payments are accepted through Paypal or by check or directly to an assigned bank account. For Paypal payments, payment settings are managed inside PayPal and not Xamun. Contact team@xamun.com should you need to have payments processed outside PayPal.

 

      ii.           Billing

1.       The billing period starts on the 1st day after the Account has moved from free to paid status.

2.       The billing period lasts for 30 days. The Company Administrator will receive the bill via email 10 days before the beginning of the next billing period.

3.       There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made.

4.       If users are added to an Account within the first 15 days of the current billing period, those users will be included in the calculation of the current bill.

5.       If users are added to an Account beyond the first 15 days of the current billing period up to the last day of the billing period, those users will not be included in the calculation of the current bill. Instead, they will be included in the calculation of the next bill.

6.       If the Company Administrator fails to settle the subscription fees on or before the due date (10th day) of the new billing period, Xamun reserves the right to deactivate the Account until the fees have been settled. All Content created during the use of the Service will still be available should the Account be reactivated.

 

    iii.           Miscellaneous Terms

1.       If you would like the subscription fee payment be made through a different credit card or if you wish to cancel your subscription, you can do so inside PayPal.

2.       Xamun will not have access to any credit card information and your use of PayPal is governed by its own terms and conditions that are not included in this Terms of Service.

3.       All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

 

 

VII.           Closing an Account and Account Deactivation & Termination

        i.           Closing an Account

1.       To close a Xamun Account, the Company Administrator can click on Close Account on the Account Settings menu. This will close not only the individual user’s account, but also all users under that company. Users who are not Company Administrators can also close their Accounts, but his will only affect their Account and not of the other users in the same company.

2.       All Content created inside the Account will be stored for a maximum of 180 days before the account is terminated and all Content will be permanently removed.

3.       A closed Account cannot be reopened and closing a Account cannot be undone.

 

      ii.           Account Deactivation & Termination

1.       An Account can be deactivated if the bill for the subscription fee was not settled on or before the due date. Accounts can also be deactivated if there are any breaches in either the Terms of Service or Privacy Policy made by any user from the Account.

2.       Deactivated Accounts may be reactivated if the grounds for deactivation have been resolved. Reactivation due to a breach in the Terms of Service or Privacy Policy is solely at the discretion of BlastAsia Inc..

3.       BlastAsia Inc. reserves the right to terminate an Account if it has been deactivated for a continuous period of 180 days, regardless of the reason for deactivation.

4.       We will provide 30 days prior notice of such termination and Content backup options by email. Content backup is only applicable to paid Accounts. Upon termination, all Content will be permanently deleted.

5.       BlastAsia Inc. reserves the right to terminate your account and refuse any and all current or future use of the Service, for any reason at any time. We also reserve the right to refuse the Service to anyone for any reason at any time.


VIII.           Changes to the Service and Prices

        i.           BlastAsia Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

        ii.           Prices of all the Services, including but not limited to monthly subscription fees, are subject to change upon 30 days notice from Xamun by email. Such notice may also be available at any time on www.xamun.com, the Xamun social media accounts, or the Service itself.

      iii.           BlastAsia Inc. not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

  

 IX.           Copyright and Content Ownership

We claim no intellectual property rights over the Content created in your Account. Your profile and materials uploaded remain yours. Unless specifically permitted by you, your use of the Service does not grant BlastAsia Inc. the right to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your Account for commercial purposes. This Terms of Service also grants BlastAsia Inc. permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the Content of your user account solely as required for the purpose of providing the Service to you and as requested by BlastAsia Inc.. Any request for permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the Content of your user account from any third-party integration is outside this Terms of Service. Please refer to the Xamun Privacy Policy for other concerns regarding copyright and content ownership.

  

X.           User Generated Content

You may transmit or publish Content created by you using the Service. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Service, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using of the Service, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on the Service you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that BlastAsia Inc. will have the right to block access to or remove such content made available by you, if BlastAsia Inc. receives complaints concerning any illegality or infringement of third party rights in such content. By using the Service and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by BlastAsia Inc. for this purpose.

 

XI.           Spamming and Illegal Activities

You agree to be solely responsible for the Content of your transmissions through the Service. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. BlastAsia Inc. reserves the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

 

XII.           Sample Files and Applications

For the purpose of demonstrating the use of the Service, BlastAsia Inc. may provide sample files such as screenshots and applications. The information contained in any such sample files and applications consists of random data. BlastAsia Inc. makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.


XIII.           Trademark

Xamun, Xamun logo, the names of individual Services and their logos are trademarks of BlastAsia Inc. You agree not to display or use, in any manner, these trademarks without BlastAsia Inc.’s prior consent.

 

XIV.           Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. XAMUN INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XAMUN INC. MAKES NO WARRANTY THAT: 1) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; 2) THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE; 3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, 4) THE QUALITY OF ANY PRODUCTS, ERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS; AND 5) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM XAMUN INC., ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

XV.           Limitation of Liability

YOU AGREE THAT XAMUN INC. SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF XAMUN INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH XAMUN INC. RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL XAMUN INC.’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

 

XVI.           Indemnification

You agree to indemnify and hold harmless BlastAsia Inc., its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Service, except where such use is authorized by BlastAsia Inc..

 

XVII.           Governing Law

These Terms of Service shall be governed by, and construed in accordance with the laws of Philippines and you hereby submit to the exclusive jurisdiction of the Courts of Pasig in the Philippines.

  

 XVIII.           Arbitration

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Philippine Dispute Resolution Center, Inc (PDRCI). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the PDRCI. The place of arbitration shall be Pasig City. Any award by the arbitration tribunal shall be final and binding upon the parties.

 

XIX.           END OF TERMS OF SERVICE

If you have any questions or concerns regarding BlastAsia Inc.’s Terms of Service for Xamun, please contact BlastAsia Inc. at team@xamun.com or at 35F The Orient Square Building, F. Ortigas Jr. Road, Ortigas Center, Pasig City 1605 Philippines. We will respond to all inquiries within 30 days of receipt upon ascertaining your identity.

 

Last updated on: 20 November 2015.

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