These Terms of Service ("Terms") govern your access to and use of the Xtend One platform, website, and related services (collectively, the "Services") provided by Xtend One. By accessing or using our Services, you agree to be bound by these Terms.

Please read these Terms carefully before using Xtend One. If you do not agree, you must not access or use the Services.

1. Definitions

"Customer" or "you" means the individual or organization that registers for and uses the Services
"Account" means your registered account on the Xtend One platform
"Customer Data" means all data, files, or content you upload, process, or generate through the Services
"Platform" means the Xtend One software-as-a-service application accessible at xtend.one
"Authorized Users" means employees or contractors you permit to access the platform under your Account

2. Acceptance of Terms

By creating an Account, clicking "I agree", or using the Services in any way, you confirm that:

You are at least 18 years of age
You have the authority to enter into these Terms on behalf of yourself or your organization
You have read and understood these Terms and agree to be bound by them

If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Account Registration & Security

3.1 Registration

You must provide accurate, current, and complete information during registration
You are responsible for maintaining the accuracy of your account details
Each Account is for a single organization. You may not resell or sublicense access without written permission

3.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials
You are responsible for all activities that occur under your Account
You must notify us immediately at hello@xtend.one of any unauthorized access or suspected breach
We are not liable for any loss resulting from unauthorized use of your Account credentials

4. Use of Services

4.1 Permitted Use

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes.

4.2 Prohibited Use

You must not use the Services to:

Violate any applicable law, regulation, or third-party rights
Upload, transmit, or process illegal, harmful, or abusive content
Attempt to gain unauthorized access to our systems or other users' accounts
Reverse engineer, decompile, or disassemble any part of the platform
Use the platform to build a competing product or service
Scrape, mine, or harvest data from the platform without written authorization
Introduce viruses, malware, or any other harmful code
Overload, disrupt, or impair the platform's infrastructure

We reserve the right to suspend or terminate your access immediately if we detect violations of this section.

5. Customer Data

5.1 Ownership

You retain full ownership of all Customer Data. These Terms do not grant us any ownership rights over your data.

5.2 License to Operate

By using the Services, you grant Xtend One a limited, non-exclusive, royalty-free license to process, store, and transmit Customer Data solely to the extent necessary to provide and operate the Services.

5.3 Your Responsibilities

You are responsible for ensuring you have the right to upload and process all Customer Data
You are responsible for obtaining all necessary consents from your end users
You warrant that your use of Customer Data complies with applicable privacy laws

5.4 No Use for Training

We will not use Customer Data to train machine learning models, build advertising profiles, or derive insights for sale to third parties.

6. Fees & Payment

6.1 Pricing

Fees for the Services are as set out on our pricing page at xtend.one or in a separate Order Form. We reserve the right to change our pricing with 30 days' written notice.

6.2 Payment Terms

Fees are due in advance for the applicable billing period (monthly or annual)
All fees are non-refundable except as expressly set out in these Terms or required by law
You authorize us to charge your payment method on file automatically

6.3 Late Payment

Overdue amounts accrue interest at 1.5% per month (or the maximum rate permitted by law, whichever is lower)
We reserve the right to suspend access for accounts that remain overdue after a 7-day notice period

6.4 Taxes

All fees are exclusive of applicable taxes (GST, VAT, etc.), which you are responsible for paying.

7. Intellectual Property

7.1 Our IP

Xtend One and its licensors own all rights, title, and interest in the platform, software, branding, and documentation. These Terms do not grant you any rights to our intellectual property except as expressly set out herein.

7.2 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us an irrevocable, royalty-free, worldwide license to use that feedback in any way without obligation to you.

7.3 Your Marks

We will not use your company name or logo in any public-facing materials without your prior written consent.

8. Confidentiality

Each party may receive confidential information from the other party. Each party agrees to:

Keep confidential information strictly confidential
Not disclose it to third parties without prior written consent
Use it only for the purposes of these Terms

This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

9. Availability & Support

9.1 Platform Availability

We aim to provide continuous access to the platform. However, we do not currently offer a formal Service Level Agreement (SLA). Availability is provided on a best-effort basis.

9.2 Scheduled Maintenance

We may carry out planned maintenance with reasonable advance notice. We will endeavour to schedule maintenance during off-peak hours.

9.3 Support

Support is available via email at hello@xtend.one. We aim to respond to all queries within 2 business days. Enterprise support arrangements are available on request.

10. Warranties & Disclaimers

10.1 Our Warranties

We warrant that we will provide the Services with reasonable skill and care and substantially in accordance with our documentation.

10.2 Disclaimers

To the maximum extent permitted by law, the Services are provided "as is" and "as available". We expressly disclaim all other warranties, whether express or implied, including:

Warranties of merchantability or fitness for a particular purpose
Warranties that the platform will be uninterrupted, error-free, or free of harmful components
Warranties regarding the accuracy or completeness of any data or results

11. Limitation of Liability

11.1 Exclusion of Consequential Loss

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

11.2 Aggregate Cap

Our total aggregate liability to you in connection with these Terms will not exceed the greater of: (a) the total fees paid by you in the 12 months preceding the claim, or (b) USD $500.

11.3 Exceptions

Nothing in these Terms limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded by applicable law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Xtend One and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

Your use of the Services in violation of these Terms
Your Customer Data, including any claims that it infringes third-party rights
Your end users' use of applications or workflows you build on the platform

13. Term & Termination

13.1 Term

These Terms commence when you create an Account and continue until terminated in accordance with this section.

13.2 Termination by You

You may cancel your Account at any time via your account settings or by contacting us. Cancellation takes effect at the end of the current billing period.

13.3 Termination by Us

We may suspend or terminate your access immediately for breach of these Terms
We may terminate for convenience with 30 days' written notice
We may suspend access without notice if we detect a security threat or illegal activity

13.4 Effect of Termination

Upon termination, your right to access the Services ceases immediately
We will delete your Customer Data within 30 days of termination (unless legally required to retain it)
Provisions that by nature should survive termination (e.g., IP, confidentiality, liability) will do so

14. Modifications to These Terms

We may update these Terms from time to time. When we make material changes, we will:

Notify you by email at least 14 days before the changes take effect
Update the "Last Updated" date at the top of this document

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

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of the jurisdiction in which Xtend One is incorporated. Any disputes will be subject to the exclusive jurisdiction of the courts of that jurisdiction.

15.2 Entire Agreement

These Terms, together with our Privacy Policy and any Order Forms, constitute the entire agreement between the parties relating to the Services and supersede all prior agreements.

15.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.4 Waiver

Failure to enforce any provision of these Terms will not be deemed a waiver of our right to do so in the future.

15.5 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights to a successor entity in the event of a merger or acquisition.

15.6 Force Majeure

Neither party will be liable for delays or failures in performance resulting from events beyond their reasonable control, including natural disasters, acts of government, internet disruptions, or third-party service failures.

16. Contact Us

For questions about these Terms, please contact us:

Email: hello@xtend.one
Website: www.xtend.one
We aim to respond within 2 business days