Terms of Use

Last updated: January 11, 2024

These Terms of Use govern your access to and use of the services, platform, and website operated by Xylexthord ("we," "us," or "our") at xylexthord.com. By accessing or using our services, you confirm that you have read, understood, and agree to be bound by these terms. If you do not agree, you must not use our services.

The following terms have the meanings assigned to them below throughout this document:

• Service — the platform, tools, APIs, and related offerings made available by Xylexthord.
• User — any individual or entity that accesses or uses the Service.
• Account — a registered profile created by a User to access the Service.
• Content — any data, text, files, or other materials submitted, uploaded, or processed through the Service.
• Agreement — these Terms of Use together with any applicable supplementary policies.

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use our Service. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

To access certain features, you may be required to register an Account. You agree to:

• Provide accurate, complete, and current registration information.
• Maintain the security of your credentials and not share them with third parties.
• Notify us immediately of any unauthorized access to or use of your Account.
• Accept responsibility for all activity that occurs under your Account.

You may close your Account at any time by contacting us at contact@xylexthord.com. Closure does not entitle you to any refunds unless otherwise stated in a separate service agreement.

Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your lawful internal business or personal purposes related to data migration and integration.

You agree to use the Service only in ways that are lawful and consistent with its intended purpose. Permitted activities include:

• Migrating, transforming, and integrating data sets through the provided tools.
• Configuring workflows and data pipelines as supported by the platform.
• Accessing documentation and support resources.

You must not engage in any of the following:

• Using the Service for any unlawful, fraudulent, or harmful purpose.
• Attempting to gain unauthorized access to any system, network, or data.
• Reverse engineering, decompiling, or disassembling any part of the Service.
• Uploading or transmitting malware, viruses, or other malicious code.
• Scraping, crawling, or harvesting data from the Service without authorization.
• Reselling, sublicensing, or otherwise commercializing the Service without our written consent.
• Interfering with or disrupting the integrity or performance of the Service.
• Impersonating any person or entity or misrepresenting your affiliation.
• Violating the intellectual property rights of Xylexthord or any third party.

You retain ownership of all Content you submit through the Service. By using the Service, you grant us a limited, non-exclusive license to process, store, and transmit your Content solely as necessary to provide the Service to you.

You are solely responsible for the accuracy, legality, and integrity of your Content. You represent and warrant that:

• You have all necessary rights to submit your Content to the Service.
• Your Content does not violate any applicable law or third-party rights.
• You will not submit Content that is unlawful, defamatory, or otherwise objectionable.

Our collection and use of personal data in connection with the Service is governed by our Privacy Policy, which is incorporated into these terms by reference. You should review the Privacy Policy before using the Service.

All rights, title, and interest in and to the Service, including its software, design, architecture, documentation, and trademarks, are and remain the exclusive property of Xylexthord. Nothing in these terms transfers any intellectual property rights to you.

If you provide suggestions, ideas, or feedback regarding the Service, you grant us an irrevocable, royalty-free, worldwide license to use and incorporate such feedback without any obligation or compensation to you.

Certain features of the Service may require payment of fees. All applicable fees will be disclosed prior to your commitment to purchase. We reserve the right to modify pricing with reasonable advance notice.

By providing payment information, you authorize us to charge applicable fees in accordance with the selected plan. All fees are non-refundable unless expressly stated otherwise or required by applicable law.

You are responsible for all applicable taxes, duties, or levies arising from your use of the Service, except for taxes on our net income.

The Service may integrate with or link to third-party platforms, tools, or services. These third parties operate under their own terms and privacy policies. We are not responsible for the content, practices, or availability of any third-party service. Your use of third-party services is at your own risk.

We strive to maintain reliable access to the Service but do not guarantee uninterrupted or error-free availability. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will endeavor to provide reasonable notice of significant changes where practicable.

We may update these Terms of Use from time to time. The revised version will be effective upon posting with an updated date. Your continued use of the Service after changes are posted constitutes acceptance of the revised terms. If you do not agree to the updated terms, you must discontinue use of the Service.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, XYLEXTHORD DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
• WARRANTIES THAT THE SERVICE WILL BE SECURE, ACCURATE, COMPLETE, OR FREE FROM ERRORS.

NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XYLEXTHORD AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES.
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA.
• DAMAGES RESULTING FROM THIRD-PARTY CONDUCT OR SERVICES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF THE AMOUNT YOU PAID TO US IN THE THREE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED (100) USD.

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend, and hold harmless Xylexthord and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of or inability to use the Service.
• Your violation of these Terms of Use.
• Your Content or the processing thereof.
• Your infringement of any third-party rights.

We may suspend or restrict your access to the Service at any time, with or without notice, if we reasonably believe you have violated these terms or if required to do so for security or legal reasons.

We may terminate your Account and access to the Service if you materially breach these terms and fail to remedy the breach within a reasonable period after notification, or immediately where the breach is severe or irreparable.

Upon termination, your license to use the Service ceases immediately. Provisions of these terms that by their nature should survive termination — including intellectual property rights, disclaimers, limitation of liability, and indemnification — shall remain in effect.

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

These Terms of Use, together with our Privacy Policy and any applicable service-specific agreements, constitute the entire agreement between you and Xylexthord regarding the Service and supersede all prior agreements or understandings.

If any provision of these terms is found to be invalid or 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 that right or provision. Any waiver must be in writing and signed by an authorized representative of Xylexthord.

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

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, acts of government, network failures, or third-party service disruptions.

Nothing in these terms creates any partnership, joint venture, agency, franchise, or employment relationship between you and Xylexthord.

If you have any questions, concerns, or requests regarding these Terms of Use, you may contact us through the following channels:

By continuing to use the Service, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them.