Last updated: February 1, 2024
Welcome to xPage.ai! These Terms of Use ("Terms") govern your access to and use of our website, platform, and services (collectively, the "Service"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you are not authorized to use the Service.
1. AGREEMENT TO TERMS
These Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity) and xPage.ai ("xPage", "we", "us", or "our") governing your access to and use of the Service. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you are not authorized to use the Service.
2. INTELLECTUAL PROPERTY RIGHTS
All content and materials available on the Service, including but not limited to text, images, graphics, logos, audio clips, videos, data compilations, and software, are the property of xPage or its licensors and are protected by copyright and other intellectual property laws. You are granted a limited license to access and use the Service for personal, non-commercial purposes, subject to these Terms.
3. USER REPRESENTATIONS
By using the Service, you represent and warrant that all information you provide is accurate, current, and complete, and that you have the legal capacity to enter into these Terms. You agree not to use the Service for any illegal or unauthorized purpose and to comply with all applicable laws and regulations.
4. USER REGISTRATION
Certain features of the Service may require you to register for an account. You agree to provide accurate and complete registration information and to keep your account password confidential. We reserve the right to suspend or terminate your account if any information provided is found to be untrue, inaccurate, or incomplete.
5. FEES AND PAYMENT
Some features of the Service may require payment of fees (The payments are handled by Stripe) . You agree to pay all fees and charges associated with your use of the Service in accordance with the pricing and payment terms provided to you. We reserve the right to change prices and billing methods at any time.
6. FREE PLAN & BRANDING
We offer a free plan to new users, which may have certain limitations or restrictions. By signing up for the free plan, you acknowledge and agree to these limitations.
For users on the free plan, we reserve the right to include our logo in the footer of any landing page imported to your stores. This branding is solely for promotional purposes. However, if you upgrade to a paid subscription, any subsequent products created will not feature our branding.
7. CANCELLATION & REFUND
You may cancel your subscription at any time. All purchases made on the Service are non-refundable.
8. PROHIBITED ACTIVITIES
You agree not to engage in any prohibited activities, including but not limited to accessing the Service for unauthorized purposes, interfering with the operation of the Service, or violating the rights of others.
9. USER GENERATED CONTRIBUTIONS
You may have the opportunity to submit content to the Service. By submitting content, you represent and warrant that you have the necessary rights to do so and that your content does not violate any laws or regulations.
10. CONTRIBUTION LICENSE
By submitting content to the Service, you grant xPage a perpetual, worldwide, royalty-free license to use, modify, adapt, publish, distribute, and display such content for any purpose.
11. SOCIAL MEDIA
The Service may include features that allow you to interact with social media platforms. You agree to comply with the terms of service of any social media platforms you use in connection with the Service.
12. SUBMISSIONS
Any questions, comments, suggestions, or other feedback you provide to xPage shall become the property of xPage, and we may use such feedback for any purpose without compensation to you.
13. U.S. GOVERNMENT RIGHTS
Our services are considered "commercial items" as defined in Federal Acquisition Regulation ("FAR") 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense ("DOD"), our services are subject to the terms of these Terms and Conditions in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms and Conditions in accordance with Defense Federal Acquisition Regulation ("DFARS") 227.7202-3.
14. SITE MANAGEMENT
We reserve the right to monitor the Service for violations of these Terms, take appropriate legal action against violators, and manage the Service in a manner designed to protect our rights and property and facilitate its proper functioning.
15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.xpage.ai/privacy. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.
16. TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Service. We reserve the right to deny access to and use of the Service to any person for any reason or for no reason, including without limitation for breach of these Terms or any applicable law or regulation. We may terminate your use or participation in the Service at any time, without warning, in our sole discretion.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
18. GOVERNING LAW
These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
19. DISPUTE RESOLUTION
Any legal action brought by either party shall be commenced or prosecuted in the state and federal courts located in Delaware, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
20. CORRECTIONS
There may be information on the Service that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.
21. DISCLAIMER
THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
22. LIMITATIONS OF LIABILITY
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from and against any and all claims, damages, liabilities, costs, and expenses, including attorney's fees, arising out of or related to your use of the Service or any violation of these Terms.
24. USER DATA
We may collect and use certain information about you in accordance with our Privacy Policy. By using the Service, you consent to our collection and use of your information as described therein.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By using the Service, you consent to receive electronic communications from us, including but not limited to emails, texts, and notifications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
26. CALIFORNIA USERS AND RESIDENTS
If you are a California resident, you may have certain rights under the California Consumer Privacy Act ("CCPA"). Please see our Privacy Policy for more information about your rights under the CCPA.
27. MISCELLANEOUS
These Terms constitute the entire agreement between you and xPage regarding your use of the Service. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be deemed severable from the rest of the Terms and shall not affect the validity or enforceability of the remaining provisions. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
28. CONTACT US
If you have any questions or concerns about these Terms, please contact us at contant@xpage.ai.
Thank you for choosing xPage!
