Terms of Service

These Terms of Service ("Terms") govern your access to and use of the XJ1 platform, website, applications, software, application programming interfaces ("APIs"), integrations, and any related products or services provided by XJ1 Technologies ("XJ1", "we", "our", or "us").

These Terms constitute a legally binding agreement between XJ1 and the individual or legal entity accessing or using the Services ("Customer", "you", or "your").

By accessing or using the Services, creating an account, registering a Workspace, or otherwise accepting these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are accepting these Terms on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, references to "Customer," "you," or "your" refer to that entity.

If you do not agree to these Terms, you must not access or use the Services.

For the purposes of these Terms, the following definitions apply.

"Account"

A registered user account providing access to the Services.

"Affiliate"

Any entity that directly or indirectly controls, is controlled by, or is under common control with a party.

"Authorised User"

An individual authorised by a Customer to access and use a Workspace.

"Customer"

The individual or legal entity subscribing to or using the Services.

"Customer Data"

All information, content, documents, files, records, communications, databases, text, images, financial information, employee information, customer information, analytics, reports, configurations, and any other data submitted, uploaded, created, transmitted, or stored within the Services by or on behalf of the Customer.

"Documentation"

Any user guides, help documentation, technical documentation, or other materials provided by XJ1 relating to the Services.

"Fees"

All subscription fees, licence fees, usage fees, taxes (where applicable), and any other charges payable by the Customer.

"Services"

The XJ1 platform, applications, software, APIs, website, integrations, artificial intelligence features, and all related products and services provided by XJ1.

"Workspace"

The Customer's private environment within XJ1.

The Services are intended for business and professional use.

By using the Services, you represent and warrant that:

• you are at least eighteen (18) years of age or the age of legal majority in your jurisdiction;
• you have the legal capacity to enter into binding agreements;
• all information you provide is accurate and complete;
• your use of the Services complies with applicable laws and regulations; and
• if acting on behalf of a company or organisation, you have authority to bind that organisation to these Terms.

XJ1 reserves the right to refuse access to the Services where it reasonably believes these requirements have not been met.

XJ1 provides a cloud-based business operating system designed to assist organisations in managing business operations through a unified platform.

The Services may include, among other features:

• business performance dashboards;
• customer relationship management;
• project and task management;
• workforce and operations management;
• document management;
• calendars and scheduling;
• financial management tools;
• reporting and analytics;
• workflow automation;
• artificial intelligence features;
• APIs and third-party integrations.

The availability, functionality, appearance, or operation of specific features may vary depending on the Customer's subscription plan, geographic location, technical requirements, or the stage of product development.

XJ1 may introduce new features, modify existing functionality, discontinue certain features, or make improvements to the Services at any time. Such changes are intended to improve, maintain, secure, or evolve the platform and do not constitute a breach of these Terms.

Nothing in these Terms shall be interpreted as creating an obligation for XJ1 to continue supporting any particular feature, integration, or functionality indefinitely.

Access to the Services requires the creation of an Account.

Customers are responsible for ensuring that all information provided during registration remains accurate, complete, and up to date.

Each Account is intended for use only by the individual to whom it has been assigned unless otherwise expressly permitted by XJ1.

Customers are responsible for maintaining the confidentiality of login credentials and for all activities occurring under their Accounts.

Customers shall promptly notify XJ1 if they become aware of any unauthorised use of an Account or any actual or suspected security incident affecting the Services.

XJ1 reserves the right to require additional identity verification where reasonably necessary to protect the security of the Services or comply with legal obligations.

Each Workspace must have at least one designated Workspace Owner.

The Workspace Owner acts on behalf of the Customer and is responsible for administering the Workspace, including managing Authorised Users, assigning permissions, configuring settings, and controlling access to Customer Data.

Workspace Owners may delegate administrative permissions to additional users where supported by the Services.

Customers acknowledge that Workspace administrators may have access to information stored within their organisation's Workspace, including user-generated content, activity records, reports, and administrative settings.

XJ1 has no responsibility for decisions made by Workspace administrators regarding user permissions, access rights, or the internal management of a Workspace.

Customers may invite employees, contractors, consultants, or other individuals to access the Services as Authorised Users.

Customers remain responsible for ensuring that all Authorised Users comply with these Terms.

Any act or omission by an Authorised User shall be deemed an act or omission of the Customer.

Customers must promptly remove access for individuals who no longer require access to the Services.

Access to certain features of the Services may require the purchase of a subscription.

Subscription plans, pricing, included features, usage limits, storage allocations, user limits, and other commercial terms are published separately by XJ1 and may be updated from time to time.

Unless expressly agreed otherwise in writing, subscriptions are purchased for organisational use and may not be transferred to unrelated third parties.

Free trials, promotional offers, early access programmes, or beta programmes may be subject to additional terms.

XJ1 reserves the right to modify subscription plans, introduce new plans, discontinue plans, or change available features upon reasonable notice.

The Services enable Customers to upload, create, transmit, store, organise, analyse, and otherwise process Customer Data within their Workspace.

The Customer acknowledges that the nature and volume of Customer Data processed through the Services are determined solely by the Customer and its Authorised Users.

XJ1 does not determine the content, accuracy, legality, completeness, or suitability of Customer Data and is not responsible for reviewing Customer Data except where reasonably necessary to provide the Services, investigate security incidents, comply with applicable law, or respond to valid support requests.

The Customer is solely responsible for ensuring that Customer Data is accurate, lawful, and appropriate for its intended use.

XJ1 implements commercially reasonable measures designed to protect Customer Data and maintain platform availability.

While XJ1 maintains operational backups and disaster recovery processes appropriate to the Services, the Customer acknowledges that no cloud-based service can guarantee against all forms of data loss, corruption, or unavailability.

Accordingly, the Customer remains responsible for determining whether it requires independent backups of critical business information in accordance with its own business continuity policies.

To the maximum extent permitted by applicable law, XJ1 shall not be liable for any loss, corruption, destruction, inaccessibility, or alteration of Customer Data arising from events beyond XJ1's reasonable control, including failures of third-party infrastructure providers, telecommunications networks, internet services, malicious attacks, or force majeure events.

The Services, including all software, source code, object code, algorithms, databases, user interfaces, APIs, documentation, workflows, designs, graphics, trademarks, service marks, logos, trade names, reports, analytics methodologies, artificial intelligence models developed by XJ1, and all related intellectual property rights are and shall remain the exclusive property of XJ1 or its licensors.

These Terms do not transfer ownership of any intellectual property rights to the Customer.

Except as expressly permitted under these Terms, Customers may not copy, modify, distribute, reverse engineer, decompile, disassemble, create derivative works from, or otherwise exploit the Services.

Nothing contained within these Terms grants the Customer any ownership rights in the Services.

Subject to these Terms and payment of applicable Fees, XJ1 grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services solely for the Customer's internal business purposes during the applicable subscription period.

No licence is granted to resell, distribute, lease, commercialise, or otherwise exploit the Services without XJ1's prior written consent.

Each party acknowledges that it may receive confidential information belonging to the other party.

For the purposes of these Terms, "Confidential Information" includes all non-public business, financial, commercial, technical, operational, security, strategic, and customer information disclosed by one party to the other.

Customer Data shall be treated as Confidential Information.

Each party agrees to:

• use Confidential Information solely for the purposes contemplated by these Terms;
• protect Confidential Information using reasonable technical and organisational safeguards;
• restrict disclosure to employees, contractors, and service providers who require access and are bound by appropriate confidentiality obligations.

These obligations shall not apply to information that:

• becomes publicly available through no breach of these Terms;
• was lawfully known before disclosure;
• is independently developed without reference to Confidential Information; or
• must be disclosed by applicable law or court order.

The confidentiality obligations contained within this section survive termination of these Terms.

The Customer agrees not to use the Services in any manner that:

• violates applicable laws or regulations;
• infringes the intellectual property rights of others;
• violates privacy rights;
• distributes malware, ransomware, spyware, viruses, or other harmful code;
• attempts to gain unauthorised access to systems or accounts;
• interferes with the operation, availability, or security of the Services;
• performs denial-of-service attacks;
• conducts automated scraping except where expressly authorised;
• attempts to circumvent usage limitations or security measures;
• uses the Services to store unlawful, fraudulent, defamatory, or infringing content;
• uses the Services to transmit unsolicited commercial communications in violation of applicable anti-spam laws;
• impersonates another individual or organisation;
• uses the Services in any manner likely to damage XJ1's reputation or infrastructure.

XJ1 reserves the right to investigate suspected violations and take any action reasonably necessary to protect the Services, including suspension or termination of access.

The Services may include artificial intelligence ("AI") features designed to assist Customers by generating summaries, recommendations, analyses, automations, reports, or other outputs.

AI-generated content is produced using automated systems and may contain inaccuracies, omissions, outdated information, or other errors.

Customers remain solely responsible for reviewing, validating, and approving any AI-generated output before relying upon it for operational, financial, legal, employment, regulatory, or commercial decisions.

AI outputs are provided for informational and productivity purposes only and do not constitute legal, financial, accounting, tax, employment, investment, medical, or other professional advice.

XJ1 does not warrant the accuracy, completeness, or suitability of AI-generated outputs.

Unless expressly agreed in writing, XJ1 will not use Customer Data to train publicly available artificial intelligence models.

AI features operate subject to the permissions configured within the Customer's Workspace and do not intentionally bypass role-based access controls.

The Services may integrate with or permit connections to third-party applications, websites, APIs, authentication providers, payment providers, communication platforms, cloud storage providers, or other external services.

Such third-party services are governed solely by the terms, conditions, and privacy policies of the applicable provider.

XJ1 does not control and is not responsible for:

• the availability of third-party services;
• the accuracy of third-party data;
• changes to third-party APIs;
• interruptions affecting third-party integrations;
• acts or omissions of third-party providers.

The Customer acknowledges that disabling, modifying, or discontinuing a third-party integration does not constitute a breach of these Terms by XJ1.

Where XJ1 provides APIs or developer tools, Customers must use them in accordance with any applicable documentation and technical requirements.

XJ1 reserves the right to impose usage limits, authentication requirements, rate limits, or security controls necessary to protect the Services.

XJ1 may suspend or revoke API access where continued access would create security risks, excessive system load, or violations of these Terms.

From time to time, XJ1 may provide features designated as beta, preview, early access, experimental, or similar.

Such features are provided for evaluation purposes only and may:

• contain defects;
• change substantially;
• be discontinued without notice;
• operate differently from production features.

Beta features are provided "as is" without any warranty, service commitment, or guarantee of availability.

Customers use beta features entirely at their own risk.

Customers may voluntarily provide suggestions, ideas, comments, feature requests, bug reports, or other feedback relating to the Services.

The Customer grants XJ1 a perpetual, worldwide, irrevocable, royalty-free licence to use, modify, implement, publish, incorporate, and otherwise exploit such feedback without restriction or compensation.

Nothing in this section transfers ownership of Customer Data or Confidential Information.

XJ1 will use commercially reasonable efforts to maintain the availability and performance of the Services.

However, the Customer acknowledges that interruptions may occur as a result of:

• scheduled maintenance;
• emergency maintenance;
• software updates;
• security incidents;
• infrastructure failures;
• internet disruptions;
• third-party service outages;
• events beyond XJ1's reasonable control.

XJ1 may perform maintenance, deploy updates, modify infrastructure, or implement security improvements without prior notice where reasonably necessary to protect the Services.

Except where expressly agreed in a separate written Service Level Agreement, XJ1 does not guarantee uninterrupted or error-free operation of the Services.

XJ1 reserves the right to suspend or restrict access to all or part of the Services immediately, with or without prior notice, where XJ1 reasonably believes that suspension is necessary to:

• protect the security, integrity, or availability of the Services;
• investigate suspected fraud, unlawful activity, or misuse;
• prevent unauthorised access to Customer Data or the Services;
• comply with applicable laws, regulations, or lawful governmental requests;
• address non-payment of Fees;
• protect XJ1, its customers, users, infrastructure, or third-party providers from material harm; or
• enforce these Terms.

Where reasonably practicable, XJ1 will use commercially reasonable efforts to notify the Customer of a suspension and, where appropriate, provide an opportunity to remedy the issue.

Suspension under this section shall not relieve the Customer of its obligation to pay any Fees that remain due under these Terms.

These Terms remain in effect until terminated by either party.

The Customer may terminate its subscription in accordance with the applicable subscription process.

XJ1 may terminate these Terms or suspend or terminate access to the Services immediately where:

• the Customer materially breaches these Terms;
• the Customer fails to pay Fees when due;
• continued provision of the Services would violate applicable law;
• the Customer uses the Services in a manner that presents a material security risk;
• the Customer becomes subject to sanctions or legal restrictions that prevent XJ1 from providing the Services; or
• continued provision of the Services would reasonably expose XJ1 or other customers to significant operational, legal, or security risks.

Upon termination:

• the Customer's right to access and use the Services immediately ceases;
• XJ1 may disable Customer access to the Workspace;
• Customer Data will be handled in accordance with the Privacy Policy and applicable retention obligations; and
• any accrued payment obligations remain payable.

Termination does not affect rights or obligations that by their nature are intended to survive termination.

Except as expressly stated in these Terms or where prohibited by applicable law, the Services are provided on an "as is," "as available," and "with all faults" basis.

To the fullest extent permitted by applicable law, XJ1 disclaims all representations, warranties, guarantees, and conditions, whether express, implied, statutory, or otherwise, including any implied warranties of:

• merchantability;
• satisfactory quality;
• fitness for a particular purpose;
• title;
• non-infringement;
• uninterrupted availability;
• accuracy;
• reliability; or
• compatibility.

XJ1 does not warrant that:

• the Services will always be available;
• the Services will operate without interruption;
• the Services will be free from defects, vulnerabilities, or errors;
• all defects will be corrected;
• the Services will meet every Customer requirement;
• Customer Data will never be lost, corrupted, delayed, or become inaccessible;
• integrations with third-party services will remain available or continue operating without interruption; or
• AI-generated outputs, reports, analytics, recommendations, forecasts, or insights will be complete, accurate, or suitable for any particular purpose.

The Customer acknowledges that cloud-based software inherently depends upon internet connectivity, third-party infrastructure, hardware, telecommunications networks, and external service providers, all of which may experience interruptions beyond XJ1's reasonable control.

The Services may provide dashboards, reports, analytics, Business Health scores, forecasts, automation, artificial intelligence features, recommendations, alerts, and other informational outputs.

Such outputs are intended solely to assist Customers in managing their businesses and should not be interpreted as professional advice.

The Customer remains solely responsible for all business, financial, legal, tax, employment, investment, regulatory, operational, or commercial decisions made using the Services.

XJ1 shall have no liability for any decisions, actions, omissions, losses, or consequences arising from reliance upon information generated by the Services, including AI-generated outputs or automated recommendations.

The Customer is responsible for independently reviewing and validating all information before acting upon it.

To the fullest extent permitted by applicable law, XJ1, its directors, officers, employees, contractors, affiliates, licensors, suppliers, and service providers shall not be liable for any indirect, incidental, consequential, exemplary, punitive, special, or similar damages arising out of or relating to these Terms or the Services.

This exclusion applies regardless of the legal theory asserted and includes, without limitation:

• loss of profits;
• loss of revenue;
• loss of business opportunities;
• loss of anticipated savings;
• business interruption;
• loss of goodwill;
• reputational damage;
• corruption or loss of Customer Data;
• unauthorised access by third parties;
• system downtime;
• interruption of operations;
• replacement costs;
• procurement of substitute services;
• loss arising from third-party integrations;
• cyber incidents beyond XJ1's reasonable control; and
• any indirect or consequential commercial loss.

To the maximum extent permitted by law, XJ1's aggregate liability arising out of or relating to these Terms or the Services shall not exceed the total Fees actually paid by the Customer to XJ1 during the twelve (12) months immediately preceding the event giving rise to the claim.

If the Customer uses the Services free of charge, through a free trial, beta programme, promotional plan, or evaluation environment, XJ1's total liability shall not exceed one hundred United States Dollars (USD $100) or the equivalent amount in the currency paid by the Customer, unless a different minimum liability is required by applicable law.

Nothing in these Terms excludes liability that cannot lawfully be excluded under applicable law.

The Customer agrees to defend, indemnify, and hold harmless XJ1, its affiliates, directors, officers, employees, contractors, licensors, and agents from and against any claims, proceedings, liabilities, damages, judgments, settlements, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• the Customer's use of the Services;
• Customer Data;
• violation of these Terms;
• infringement of any intellectual property rights, privacy rights, or other rights of a third party by Customer Data;
• violation of applicable law by the Customer or its Authorised Users; or
• negligent, fraudulent, or unlawful acts or omissions of the Customer or its Authorised Users.

XJ1 reserves the right to assume exclusive control of the defence of any matter subject to indemnification.

XJ1 shall not be liable for any delay, interruption, or failure to perform its obligations where such delay or failure results from circumstances beyond its reasonable control.

Such circumstances may include, without limitation:

• natural disasters;
• fire;
• flood;
• earthquakes;
• pandemics;
• war;
• terrorism;
• civil unrest;
• labour disputes;
• governmental actions;
• internet outages;
• failures of cloud infrastructure providers;
• telecommunications failures;
• denial-of-service attacks;
• widespread cyber incidents; or
• interruptions affecting third-party service providers.

Performance shall be suspended for the duration of the force majeure event without liability.

The Customer represents and warrants that it will not access or use the Services in violation of applicable export control laws, trade sanctions, or embargoes.

The Customer shall not permit access to the Services by any person or organisation prohibited under applicable sanctions laws.

XJ1 may suspend or terminate access where necessary to comply with applicable export control or sanctions requirements.

The Customer may not assign, transfer, delegate, or otherwise dispose of these Terms or any rights or obligations under these Terms without XJ1's prior written consent.

XJ1 may assign these Terms in connection with a merger, acquisition, corporate restructuring, sale of assets, or other corporate transaction.

These Terms shall be governed by and construed in accordance with the laws specified by XJ1 in the applicable Order Form or, if none is specified, the laws of the jurisdiction in which XJ1 is incorporated, without regard to conflict of law principles.

The parties agree to attempt in good faith to resolve disputes through negotiation before commencing formal legal proceedings.

Unless otherwise required by applicable law or agreed in writing, the courts of the applicable governing jurisdiction shall have exclusive jurisdiction over disputes arising under these Terms.

XJ1 may amend these Terms from time to time to reflect changes in applicable law, regulatory requirements, technology, business operations, security practices, or the Services.

Material changes will become effective upon reasonable notice to Customers through the Services, email, or other appropriate means.

Continued use of the Services following the effective date of revised Terms constitutes acceptance of the updated Terms.

If you have questions regarding these Terms or the Services, please contact: