Terms of Service

Effective Date: October 26, 2023

Welcome to achingly.xyz. These Terms of Service ("Terms") govern your access to and use of the website located at https://achingly.xyz (the "Service"), operated by achingly.xyz ("we," "us," or "our").

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and achingly.xyz.

We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms on the Service. Your continued use of the Service after the posting of changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for updates.

2. Use of Service

The Service provides [Insert a brief, general description of your service's purpose, e.g., "creative content, digital tools, and community resources"]. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms.

2.1 Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract in your jurisdiction and meet all eligibility requirements.

2.2 Account Registration

Certain features may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2.3 Prohibited Activities

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• Harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• Submit false or misleading information or engage in fraudulent activity.
• Upload or transmit viruses, malware, or any other type of malicious code that will or may be used to disrupt the Service.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• Use the Service in any manner that could disable, overburden, damage, or impair the site.

We reserve the right to terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, information, or other materials ("User Content") that you submit, post, or display on or via the Service.

3.1 User Content

By submitting User Content, you represent and warrant that you own or have the necessary rights to such Content and that it does not violate these Terms or the rights of any third party. You retain any ownership rights you hold in your User Content, but you grant achingly.xyz a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business.

3.2 Third-Party Links & Services

The Service may contain links to third-party websites or services that are not owned or controlled by achingly.xyz. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that achingly.xyz shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of any such content or services.

4. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of achingly.xyz and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of achingly.xyz.

You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except for temporary copies made incidentally to accessing and viewing the Service, or as otherwise expressly permitted by us in writing.

5. Limitation of Liability

5.1 Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACHINGLY.XYZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that (i) the Service will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACHINGLY.XYZ, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF