1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Xirfad Technologies ("Sheeko", "we", "us", or "our"), governing your access to and use of the Sheeko platform, including the website at sheeko.io, mobile applications, APIs, and all related services (collectively, the "Service").

By creating an account, accessing, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

2. Eligibility

You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

By using the Service, you represent and warrant that: (a) you meet the age requirements stated above; (b) you have the legal capacity and authority to enter into these Terms; (c) you are not prohibited from using the Service under any applicable law; and (d) your account has not been previously suspended or removed by us.

3. Your Account

To use certain features of the Service, you must create an account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information; (c) maintain the security and confidentiality of your login credentials; and (d) accept full responsibility for all activities that occur under your account.

You must not: (a) create more than one account for yourself; (b) create an account using false or misleading information; (c) create an account on behalf of someone else without their permission; or (d) share your account credentials with any third party. You must immediately notify us of any unauthorised use of your account.

We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims, including trademark rights, to those usernames.

4. User Content & License Grant

You retain ownership of the content you create and post on the Service ("User Content"). However, by submitting, posting, or displaying User Content on or through the Service, you grant Xirfad Technologies a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, promoting, and improving the Service and developing new services.

This licence includes the right to make your User Content available to other users of the Service and to third-party partners for syndication, broadcast, distribution, or publication on other media and services, with or without attribution. This licence persists for as long as your User Content is on the Service and for a reasonable period after deletion to allow for removal from backups, caches, and syndication channels.

You represent and warrant that: (a) you own or have the necessary rights, licences, consents, and permissions to grant the licence above; (b) your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other proprietary rights; and (c) your User Content complies with these Terms and all applicable laws.

We are not responsible for any User Content that you or other users post on the Service. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein.

5. Prohibited Conduct

You agree not to use the Service to:

• Violate any applicable local, national, or international law or regulation
• Post content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or invasive of another's privacy
• Post content that exploits, harms, or endangers minors in any way, including child sexual abuse material
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Upload, transmit, or distribute any viruses, worms, trojans, malware, or other harmful code
• Interfere with, disrupt, or place an undue burden on the Service or its infrastructure
• Attempt to gain unauthorised access to any accounts, systems, or networks connected to the Service
• Use any automated means (bots, scrapers, crawlers) to access, collect data from, or interact with the Service without our prior written consent
• Engage in spam, phishing, scams, pyramid schemes, or other deceptive practices
• Stalk, intimidate, threaten, or otherwise harass any user
• Promote terrorism, violence, or violent extremism
• Circumvent, disable, or otherwise interfere with security features of the Service

6. Copyright & Intellectual Property

The Sheeko name, logo, domain names, trademarks, service marks, and all visual design elements of the Service are the exclusive property of Xirfad Technologies. Nothing in these Terms grants you any right to use our intellectual property without prior written consent.

We respect the intellectual property rights of others. If you believe that any content on the Service infringes your copyright, you may submit a notice to [email protected] containing: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the material that is claimed to be infringing and its location on the Service; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorised; and (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorised to act on the owner's behalf.

Upon receipt of a valid notice, we will remove or disable access to the allegedly infringing material. We may terminate the accounts of users who are repeat infringers.

7. Third-Party Content & Services

The Service may contain links to third-party websites, content, or services that are not owned or controlled by Sheeko. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Sheeko shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, XIRFAD TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) ANY CONTENT ON THE SERVICE WILL BE ACCURATE, COMPLETE, OR CURRENT; OR (D) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU USE THE SERVICE AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SHEEKO OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XIRFAD TECHNOLOGIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF XIRFAD TECHNOLOGIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) ONE HUNDRED US DOLLARS (USD $100.00) OR (B) THE AMOUNTS PAID BY YOU TO SHEEKO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHEEKO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to defend, indemnify, and hold harmless Xirfad Technologies, its directors, officers, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and costs) arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of a third party; or (e) your violation of any applicable law or regulation.

Xirfad Technologies reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defence of such claims.

11. Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to conflict of law principles. Xirfad Technologies is an Australian entity based in Melbourne, Victoria.

Any dispute, controversy, or claim arising out of or relating to these Terms, including their validity, invalidity, breach, or termination, shall first be submitted to good faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) under the ACICA Arbitration Rules. The arbitration shall be conducted in the English language, and the seat of arbitration shall be Melbourne, Victoria, Australia.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SHEEKO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and Sheeko agree otherwise, the arbitrator may not consolidate or join more than one person's claims, and may not preside over any form of a consolidated, representative, or class proceeding.

Notwithstanding the above, Xirfad Technologies may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia for any proceedings that are not subject to arbitration.

12. Termination

You may terminate your account at any time by deleting it through the Service settings. Upon termination, your right to use the Service will immediately cease.

We may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice. Grounds for termination include, but are not limited to: (a) violation of these Terms or any applicable policies; (b) conduct that we determine to be harmful to other users, the Service, or third parties; (c) extended periods of inactivity; or (d) requests by law enforcement or government agencies.

Upon termination, sections 4 (User Content & License Grant), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 11 (Dispute Resolution), and this section shall survive.

13. General Provisions

If any provision of these Terms is held to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and Xirfad Technologies regarding the Service and supersede all prior agreements.

We may assign or transfer our rights and obligations under these Terms without restriction. You may not assign or transfer your rights or obligations without our prior written consent.

14. Contact

For questions about these Terms, contact us at [email protected].