Terms of Service

By accessing or using XYLEX websites, applications, APIs, hosted services, or related materials, you agree to these Terms of Service. If you are using the services on behalf of an organization, you represent that you have authority to bind that organization.

If you or your organization sign an order form, master services agreement, statement of work, or other written contract with XYLEX, that signed agreement controls to the extent it conflicts with these public Terms.

• We may update features, functionality, documentation, and service limits in order to improve reliability, security, and product fit.
• Some features may be identified as pilot, beta, preview, or early access. Those features may change more frequently and may be offered with limited support or without production commitments.
• We may suspend or remove functionality where necessary to address security, legal, operational, or commercial requirements.

• You must provide accurate account and contact information and keep it current.
• You are responsible for all activity that occurs under your accounts, API keys, tokens, or credentials, except to the extent caused by XYLEX's breach of these Terms.
• You must promptly notify us of suspected unauthorized access, credential compromise, or other security incidents affecting your use of the services.

You agree not to:

• violate applicable laws, sanctions regimes, export controls, or the rights of others;
• interfere with the integrity, security, or performance of the services;
• attempt unauthorized access, reverse engineer protected service components beyond what applicable law permits, or bypass technical restrictions;
• use the services to store or transmit malicious code, spam, deceptive content, or unlawful material; or
• misuse the services in a way that creates unreasonable operational, reputational, or legal risk for XYLEX, its customers, or third parties.

• As between the parties, you retain ownership of the data, content, prompts, files, and materials you submit to the services.
• You grant XYLEX the limited rights needed to host, process, transmit, back up, secure, and otherwise operate the services for you.
• XYLEX and its licensors retain all rights in the services, software, models, documentation, interfaces, designs, and related intellectual property.
• We may use aggregated, de-identified, or otherwise non-personal service analytics for product improvement, capacity planning, benchmarking, and security operations.

Our Privacy Policy, Security page, Data Processing Addendum and Data Recovery Policy describe important operational standards and responsibilities. Those materials may be supplemented by a customer's signed order form, security schedule, or support SLA.

• Unless otherwise agreed in writing, quoted fees are exclusive of taxes, duties, levies, and similar governmental assessments.
• Support is provided according to the plan, statement of work, or other service description purchased by the customer.
• If a customer has a signed SLA, that SLA controls over any general support information published on the site.

General support process information is available on our Support page.

If you enable or rely on third-party services, their separate terms and privacy policies apply. XYLEX is not responsible for failures, availability issues, or security incidents caused by systems outside our reasonable control.

We may change or discontinue third-party integrations where required by the provider, by law, by security considerations, or by product strategy.

Except as expressly stated in a signed agreement, the services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, XYLEX disclaims implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, or data, even if advised of the possibility of such damages. Any direct damage cap that applies to a customer relationship will be the cap stated in the governing signed agreement, or if none exists, the amount paid by the customer to XYLEX for the affected services during the twelve months before the event giving rise to the claim.

• We may suspend access immediately if reasonably necessary to prevent harm, stop abuse, respond to a security threat, or comply with a legal obligation.
• Either party may terminate a customer relationship as permitted by the governing agreement.
• Upon termination, access rights end and post-termination handling of customer data will follow the applicable contract, law, and published retention or deletion procedures.

Failure to enforce a provision is not a waiver. If any provision is found unenforceable, the remaining provisions remain in effect to the maximum extent permitted by law. Neither party is liable for delay or failure caused by events beyond its reasonable control.

Questions about these Terms can be sent through our contact page.