Xkaliber OS - Terms of Service

Last Updated: 25. Jan. 2025

1. Acceptance of Terms

By downloading, installing, using, or otherwise accessing Xkaliber OS (hereinafter referred to as "the OS"), you ("User" or "you") agree to be bound by these Terms of Service ("TOS"). If you do not agree to these TOS, you must not download, install, or use the OS.

2. Description of Xkaliber OS

Xkaliber OS is a versatile Linux distribution developed and provided by a group of independent individuals (hereinafter referred to as "the Xkaliber OS Project"). It is designed for various devices and purposes, as described on our website and promotional materials. It is provided as a free and open-source project. Please note that the Xkaliber OS Project is not a registered legal entity.

3. No Warranty and Disclaimer of Liability - IMPORTANT - PLEASE READ CAREFULLY

XKALIBER OS IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE EXPRESSLY DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN PARTICULAR, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND SPECIFICALLY ACKNOWLEDGING THE NATURE OF THE XKALIBER OS PROJECT AS A VOLUNTARY EFFORT BY INDIVIDUALS, WE DO NOT WARRANT THAT:

  • THE OS WILL BE UNINTERRUPTED OR ERROR-FREE. The OS may contain bugs, errors, or other defects.
  • THE OS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. The OS is provided for general use and may not be suitable for your specific needs or purposes.
  • THE USE OF THE OS WILL BE SECURE. Security vulnerabilities may exist, and we are not responsible for any security breaches, data loss, or any harm arising from security issues.
  • ANY AI MODELS, SCRIPTS, OR FEATURES WILL FUNCTION AS INTENDED, ACCURATELY, OR ETHICALLY. AI technologies are complex and rapidly evolving. We make absolutely no guarantees about the accuracy, reliability, ethical implications, or functionality of any AI-related features or scripts provided. Specifically, AI models may be uncensored, generate inappropriate content, hallucinate, exhibit biases, and provide inaccurate information. Use of AI features is entirely at your own risk.
  • THE OS WILL BE COMPATIBLE WITH ALL HARDWARE OR SOFTWARE. Compatibility issues may arise, and we are not responsible for resolving them.
  • THE OS WILL NOT CAUSE DAMAGE TO YOUR HARDWARE, SOFTWARE, OR DATA. Installation and use of any operating system carries inherent risks. You assume all responsibility for any damage or loss that may occur.
  • PRIVACY IS GUARANTEED WHEN USING LOCALLY INSTALLED AI MODELS OR ANY OTHER FEATURES. While local installation is intended to enhance privacy, we cannot provide any guarantees of privacy.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING XKALIBER OS ENTIRELY AT YOUR OWN RISK. THIS INCLUDES, BUT IS NOT LIMITED TO, RISKS ASSOCIATED WITH SOFTWARE ERRORS, SECURITY VULNERABILITIES, DATA LOSS, SYSTEM INSTABILITY, AND THE USE OF AI FEATURES.

4. Limitation of Liability - YOUR SOLE REMEDY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE XKALIBER OS PROJECT, ITS DEVELOPERS, CONTRIBUTORS, OR DISTRIBUTORS, AS INDIVIDUALS OR AS A GROUP, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE OS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TOS OR YOUR USE OF THE OS EXCEED THE MINIMAL AMOUNT PERMITTED BY APPLICABLE LAW. TO BE CLEAR, GIVEN THAT XKALIBER OS IS PROVIDED FREE OF CHARGE, THIS LIABILITY IS INTENDED TO BE AS CLOSE TO ZERO AS LEGALLY POSSIBLE.

THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE OS IS TO STOP USING THE OS.

5. Open Source Nature and Community Support & Third-Party Dependencies

Xkaliber OS is an open-source project built upon the work of many individuals and projects, including Debian, Pop!_Shop, Waydroid, Ollama, Stable Diffusion, Wine, and Docker, among others, as acknowledged on our website.

You acknowledge that Xkaliber OS relies on these and other third-party software components and services ("Third-Party Dependencies"). WE DISCLAIM ALL LIABILITY FOR ANY ISSUES, ERRORS, BUGS, SECURITY VULNERABILITIES, INACCURACIES, OR DAMAGES ARISING FROM OR RELATED TO THESE THIRD-PARTY DEPENDENCIES. Your use of Xkaliber OS is inherently dependent on these Third-Party Dependencies, and you accept the risks associated with them.

Support for Xkaliber OS is primarily provided through community forums, documentation, and contributions. The Xkaliber OS Project is under no obligation to provide direct support or resolve individual user issues.

6. User Responsibilities and Customization Risks

You are solely responsible for:

  • Understanding and accepting all risks associated with installing and using an operating system, including Xkaliber OS.
  • Backing up your important data before installing or using the OS.
  • Ensuring you have the necessary technical skills and knowledge to use the OS.
  • Using the OS in a lawful, ethical, and responsible manner.
  • Complying with all applicable laws and regulations in your jurisdiction.
  • Any modifications you make to the OS. While customization is permitted, you do so entirely at your own risk. Modifications may lead to instability, security vulnerabilities, and malfunction of the OS. The Xkaliber OS Project provides absolutely no warranty or support for modified versions of the OS. We strongly advise caution when modifying the OS and especially against using scripts or instructions from untrusted sources.

7. Third-Party Software and Services (Beyond Dependencies)

Xkaliber OS may enable access to other third-party software, services, and content beyond the core dependencies (e.g., through Pop!_Shop, Wine, Waydroid, or user-installed applications). We are not responsible for the performance, reliability, security, content, or privacy practices of any such third-party software, services, or content. Your use of third-party software and services is subject to their respective terms of service and privacy policies.

8. Governing Law

These TOS shall be governed by and construed in accordance with the laws of [You must choose a jurisdiction - Consider suggesting Delaware, USA, or another jurisdiction common for open-source projects, but legal counsel is essential for this decision], without regard to its conflict of laws principles. Choosing a specific jurisdiction is crucial for legal enforceability.

9. Changes to These Terms

We reserve the right to modify these TOS at any time. We will post any changes on our website and may announce updates via our newsletter (if you choose to subscribe). Your continued use of the OS after the posting of changes constitutes your acceptance of the revised TOS.

10. Contact Us

For questions or concerns regarding these TOS, please contact us through our Contact Page.

By proceeding with the download, installation, or use of Xkaliber OS, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You further acknowledge that you are using Xkaliber OS at your own risk and understand the disclaimers and limitations of liability outlined herein.