Terms of Use

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and xGenie LLC ("xGenie," "we," "us," or "our"), governing your access to and use of our websites, AI-powered applications, integrations, APIs, and all related products and services (collectively, the "Services").

By accessing or using our Services, 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 our Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

2. Description of Services

xGenie is an AI products company that develops and provides intelligent software solutions, including but not limited to:

• AI-powered applications and tools
• Third-party platform integrations (e.g., Zoom, Slack, Microsoft Teams)
• APIs and developer tools
• Automation and workflow solutions
• Related support and documentation

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

3. Eligibility

To use our Services, you must:

• Be at least 16 years of age (or the age of majority in your jurisdiction, whichever is greater)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable law
• Not have been previously suspended or removed from our Services

If you are under 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

4. Account Registration and Security

4.1 Account Creation

To access certain features, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Not create accounts using false or misleading information
• Not create multiple accounts without our permission

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account information is current and accurate

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised.

4.3 Account Termination by User

You may terminate your account at any time by contacting us at [email protected] or through your account settings. Upon termination, your right to use the Services will immediately cease.

5. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not:

5.1 Prohibited Content

• Upload, transmit, or distribute content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Share content that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights
• Distribute malware, viruses, or other malicious code
• Share content that promotes illegal activities or violence
• Post content that constitutes spam, phishing, or deceptive practices

5.2 Prohibited Activities

• Attempt to gain unauthorized access to any part of the Services, other accounts, or computer systems
• Use the Services to violate any applicable laws, regulations, or third-party rights
• Interfere with or disrupt the Services, servers, or networks
• Use automated systems (bots, scrapers, crawlers) without our express permission
• Attempt to reverse engineer, decompile, or disassemble the Services
• Circumvent any access controls, rate limits, or usage restrictions
• Use the Services for competitive analysis or to build competing products
• Impersonate any person or entity or misrepresent your affiliation
• Resell, sublicense, or redistribute the Services without authorization

5.3 AI-Specific Restrictions

When using our AI-powered features, you shall not:

• Use AI outputs to generate content that violates these Terms or applicable law
• Attempt to extract training data or model weights from our AI systems
• Use the Services to develop AI models that compete with xGenie
• Rely on AI outputs for critical decisions without appropriate human oversight
• Misrepresent AI-generated content as human-created where disclosure is required
• Use the Services to generate harmful, misleading, or deceptive content

6. Intellectual Property Rights

6.1 xGenie's Intellectual Property

The Services, including all content, features, functionality, software, text, graphics, logos, trademarks, and other materials, are owned by xGenie or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business or personal purposes. This license does not include the right to:

• Modify, copy, or create derivative works of the Services
• Sublicense, sell, resell, or transfer the Services
• Use the Services for any purpose not expressly permitted by these Terms
• Remove or alter any proprietary notices or labels

6.2 Your Content

You retain all ownership rights to content you submit, upload, or transmit through the Services ("Your Content"). By providing Your Content, you grant xGenie a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, and distribute Your Content solely for the purpose of providing and improving the Services.

You represent and warrant that:

• You own or have the necessary rights to Your Content
• Your Content does not infringe any third-party rights
• Your Content complies with these Terms and applicable law

6.3 AI-Generated Output

Subject to applicable law and these Terms, you may use AI-generated outputs from the Services for your own purposes. However, you acknowledge that:

• Similar outputs may be generated for other users
• AI outputs may not be accurate, complete, or suitable for your purposes
• You are responsible for reviewing and verifying AI outputs before use
• Certain uses of AI outputs may be subject to additional restrictions or disclosure requirements

6.4 Feedback

If you provide suggestions, ideas, or feedback about the Services ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into our products and services without any obligation to you.

7. Third-Party Services and Integrations

7.1 Third-Party Integrations

Our Services may integrate with third-party platforms and services (e.g., Zoom, Slack, Microsoft Teams). Your use of such integrations is subject to the terms and privacy policies of those third-party services. We are not responsible for the practices of third-party services.

7.2 Third-Party Links

The Services may contain links to third-party websites or resources. We provide these links for convenience only and are not responsible for the content, products, or services available through such links. Your use of third-party websites is at your own risk.

7.3 Third-Party Terms

By using third-party integrations through our Services, you agree to comply with the applicable third-party terms of service and authorize us to access and use information from those services as necessary to provide the integration functionality.

8. Payment Terms

8.1 Fees and Billing

Certain Services may require payment of fees. You agree to pay all applicable fees as described on our website or in your service agreement. All fees are non-refundable unless otherwise stated or required by law.

8.2 Payment Methods

You authorize us to charge your designated payment method for all fees. You are responsible for providing accurate billing information and maintaining valid payment methods.

8.3 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Services, except for taxes based on xGenie's net income.

8.4 Price Changes

We may change our fees at any time. For subscription services, price changes will take effect at the start of your next billing cycle. We will provide advance notice of price changes.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in the Privacy Policy.

For enterprise customers, additional data processing terms may apply as set forth in a separate Data Processing Agreement.

10. Disclaimers

10.1 "As Is" Basis

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

10.2 No Guarantee

We do not warrant that:

• The Services will meet your requirements or expectations
• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from the Services will be accurate or reliable
• Any errors in the Services will be corrected
• The Services will be compatible with your systems or third-party services

10.3 AI Disclaimers

AI-generated outputs are provided for informational purposes only. You acknowledge that AI outputs may contain errors, inaccuracies, or biases. AI outputs should not be relied upon as professional advice (legal, medical, financial, or otherwise). You are solely responsible for evaluating and verifying AI outputs before use.

11. Limitation of Liability

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XGENIE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability

IN NO EVENT SHALL XGENIE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO XGENIE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).

11.3 Basis of the Bargain

The limitations of liability in this section reflect the allocation of risk between the parties and are an essential element of the basis of the bargain between us. The Services would not be provided without these limitations.

11.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless xGenie and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Services
• Your Content or any content you submit through the Services
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Any dispute between you and a third party related to your use of the Services

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

13. Termination

13.1 Termination by xGenie

We may suspend or terminate your access to the Services at any time, with or without cause or notice, including if we reasonably believe you have violated these Terms. Upon termination, your license to use the Services immediately ceases.

13.2 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases
• We may delete your account and associated data (subject to our data retention policies)
• You remain liable for all fees incurred prior to termination
• Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, limitation of liability, and indemnification

13.3 Data Export

Prior to termination, you may request an export of Your Content in accordance with our data export procedures. We are not obligated to retain Your Content after termination.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.

14.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute, claim, or controversy arising from or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules. The arbitration shall be conducted in English, and the seat of arbitration shall be San Francisco, California.

14.3 Class Action Waiver

YOU AND XGENIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

15. Governing Law

These Terms and any dispute arising from or relating to them shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and xGenie regarding the Services and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by xGenie.

16.4 Assignment

You may not assign or transfer these Terms or your rights without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.

16.5 Force Majeure

xGenie shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet or infrastructure failures.

16.6 Notices

We may provide notices to you via email, posting on the Services, or other reasonable means. You may provide notices to us at [email protected]. Notices are deemed received when sent via email or upon posting on the Services.

16.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations, including the U.S. Export Administration Regulations. You shall not use, export, or re-export the Services in violation of such laws.

16.8 Government Users

If you are a U.S. government user, the Services are provided as "commercial computer software" and "commercial computer software documentation" pursuant to FAR 12.212 and DFARS 227.7202.

17. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Effective Date" at the top of these Terms
• Notify you via email or prominent notice within the Services
• Provide at least 30 days' notice before material changes take effect

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

18. Contact Information

If you have questions about these Terms, please contact us: