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Terms of Service

Last updated: August 30, 2025

1. Acceptance of Terms

By accessing and using XPickr.app, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

XPickr.app is a web-based service that allows users to download GIFs from public Twitter posts. The service is provided free of charge for personal, non-commercial use.

3. Acceptable Use

You agree to use XPickr.app only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the service for any commercial purposes without our prior written consent
  • Attempt to download content from private or protected Twitter accounts
  • Use the service to infringe upon intellectual property rights or violate copyright laws
  • Attempt to reverse engineer, hack, compromise, or otherwise interfere with the service
  • Use automated tools, bots, or scripts to make excessive requests to our service
  • Distribute malware, viruses, or engage in any harmful or illegal activities
  • Violate any applicable local, state, national, or international laws or regulations
  • Impersonate any person or entity or falsely state or misrepresent your affiliation

4. Intellectual Property and Copyright

XPickr.app respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). The GIFs downloaded through our service belong to their original creators. Users are solely responsible for ensuring they have the legal right to download and use any content they obtain through our service.

We do not claim ownership of any content accessed through our service. All intellectual property rights remain with the original creators and copyright holders.

If you believe that content available through XPickr.app infringes your copyright, please submit a DMCA takedown notice to [email protected] with the following information: (a) identification of the copyrighted work, (b) identification of the allegedly infringing material, (c) your contact information, (d) a statement of good faith belief that the use is not authorized, and (e) a statement of accuracy and authority to act on behalf of the copyright owner.

We will process valid DMCA notices and may terminate accounts of repeat infringers in accordance with applicable law.

5. Service Availability and Third-Party Dependencies

We strive to maintain high service availability, but we do not guarantee uninterrupted access to XPickr.app. The service may be temporarily unavailable due to:

  • Scheduled maintenance and system updates
  • Technical issues or server outages
  • Changes to Twitter's API, terms of service, or access policies
  • Network connectivity issues or internet service provider problems
  • Circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, or force majeure events

Our service depends on third-party platforms, particularly Twitter/X. We are not responsible for any service interruptions caused by changes to third-party services or their policies.

6. Disclaimers

XPickr.app is provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Accuracy, reliability, or completeness of content
  • Uninterrupted or error-free service
  • Security of data transmission

7. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall XPickr.app, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of or inability to use the service.

Our total liability to you for all claims arising out of or relating to these Terms or the service shall not exceed the amount you paid us, if any, for use of the service during the twelve (12) months preceding the event giving rise to the liability.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

8. Termination

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

Upon termination, your right to use the service will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect by posting the updated Terms on our website and/or sending notice to your email address if provided.

Your continued use of the service after the effective date of any changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the service.

10. Data Protection and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our service, you consent to the collection and use of information in accordance with our Privacy Policy. Please review our Privacy Policy to understand our practices regarding your personal data.

We implement appropriate technical and organizational measures to protect your data against unauthorized access, alteration, disclosure, or destruction.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the service shall first be resolved through good faith negotiations. If such negotiations fail, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or confidential information.

If you are a consumer residing in the European Union, you may also bring any dispute before the courts of your country of residence, and nothing in these Terms affects your rights as a consumer under applicable EU law.

12. Contact Information

If you have any questions about these Terms of Service, please contact us through the following methods:

  • Email: [email protected] (primary contact for legal matters)
  • General inquiries: [email protected]
  • DMCA notices: [email protected] with 'DMCA Notice' in the subject line

We typically respond to legal inquiries within 5-7 business days.

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