01Agreement to these Terms
These Terms of Service (“Terms”) are an agreement between you and [Company legal name] (“XJPCNM”, “we”, “us”). If you use the Services on behalf of an organization, you agree to these Terms for that organization and confirm you have authority to do so; “you” then refers to that organization.
If you have signed an order form or a separate written agreement with us, that agreement takes precedence over these Terms where they conflict. Your use of personal information is also governed by our Privacy Policy.
02Accounts
- You must be at least 16 years old and able to form a binding contract to use the Services.
- You must provide accurate account information and keep it up to date.
- You are responsible for your credentials, API keys and all activity under your account. Notify us promptly at security@xjpcnm.com if you suspect unauthorized access.
- Administrators of an organization’s workspace can manage users, access and content in that workspace.
03The Services
We will provide the Services in accordance with these Terms and the documentation. We continuously improve the Services and may add, change or remove features. If we remove a material feature you pay for, we will give reasonable advance notice.
Free plans and trials
Free plans and trials are provided “as is”, may have usage limits, and may be changed or discontinued at any time. Data in a trial workspace may be deleted if the trial ends without converting to a paid plan.
Beta features
Features labeled “beta”, “preview” or similar are provided for evaluation, may be less reliable, and are excluded from any service level commitments.
Service levels and support
Support is provided according to your plan. Uptime commitments and service credits apply only if they are set out in your order form or Enterprise agreement.
04Fees and payment
- Subscriptions. Paid plans for One and Flow are billed in advance, per user, monthly or annually, and renew automatically for the same period unless cancelled before the renewal date.
- Usage-based fees. XJPCNM Cloud and usage above plan limits are billed in arrears based on metered usage (for example, requests, tokens and compute seconds) at the rates shown on our pricing page or in your order form.
- Seats. Seats added during a billing period are charged on a pro-rated basis.
- Taxes. Fees exclude taxes, which you are responsible for, except taxes on our net income.
- Late payment. If payment fails or is overdue, we may suspend paid features after giving you notice.
- Refunds. Except where required by law or stated otherwise in these Terms, fees are non-refundable.
- Price changes. We will give at least 30 days’ notice of price changes, which take effect at your next renewal.
05Acceptable use
You agree not to, and not to allow others to:
- Use the Services to break the law or infringe anyone’s rights, including intellectual property and privacy rights;
- Upload malware, or attempt to probe, scan, disrupt or gain unauthorized access to the Services or other systems;
- Circumvent usage limits, rate limits, billing or security controls;
- Use the Services to send spam or unsolicited communications;
- Generate or distribute content that is unlawful, harassing, deceptive or that exploits minors;
- Use outputs to build a competing product by copying the Services, or reverse engineer the Services except where law permits;
- Resell or sublicense the Services unless we agree in writing.
06Customer Content
In shortYou own your content. You give us permission to use it only to provide the Services to you.
“Customer Content” means data you or your users submit to the Services, including files, prompts, workflow inputs and outputs. As between you and us, you retain all rights in Customer Content.
You grant us a worldwide, non-exclusive, limited license to host, copy, process, transmit and display Customer Content only as needed to provide, secure and support the Services, and as required by law. We do not use Customer Content to train AI models.
You are responsible for Customer Content and for having the rights and any required consents to submit it. Our handling of personal information in Customer Content is described in our Privacy Policy and, where applicable, our Data Processing Addendum.
07AI features and Output
- Ownership. As between you and us, you own the output generated for you by AI features (“Output”), to the extent permitted by law.
- Accuracy. AI can make mistakes. Output may be inaccurate, incomplete or similar to output generated for others. You should review Output before relying on it, especially for legal, financial, medical or other high-stakes decisions.
- Model providers. Some AI features rely on third-party models. Your use of those features must also comply with the usage policies we make available in the documentation.
- Automated actions. You are responsible for workflows and agents you configure, including actions they take in connected systems.
08API and developer use
Use of our APIs and SDKs is subject to these Terms and the documentation. Keep API keys confidential and do not embed them in public client-side code. We may apply rate limits and quotas, and we will version the API and give reasonable notice before making breaking changes to generally available endpoints.
09Third-party services
The Services can connect to third-party products such as databases, messaging and CRM tools. When you enable an integration, you authorize us to exchange data with that service on your behalf. Third-party services are governed by their own terms, and we are not responsible for them. Third-party names and logos shown on our website belong to their respective owners and do not imply endorsement.
10Our intellectual property
We and our licensors own the Services, including software, design, documentation and the XJPCNM name and logos. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. No other rights are granted.
If you send us feedback or suggestions, we may use them without restriction or obligation to you.
11Confidentiality
Each party will protect the other’s non-public information that is marked or reasonably understood as confidential, using at least reasonable care, and use it only to perform under these Terms. This does not apply to information that is public, already known, independently developed or rightfully received from a third party. Disclosure required by law is permitted with prompt notice where legally allowed.
12Suspension and termination
- You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period.
- Either party may terminate for material breach that is not cured within 30 days of written notice.
- We may suspend access immediately if needed to prevent harm to the Services or others, to comply with law, or for serious violations of the acceptable use rules. We will tell you why and restore access once the issue is resolved where appropriate.
- After termination, you can export Customer Content for 30 days, after which we will delete it in line with our retention practices.
Sections that by their nature should survive termination — including fees owed, Customer Content, intellectual property, confidentiality, disclaimers, limitation of liability and governing law — will survive.
13Disclaimers
Except as expressly stated in these Terms, the Services are provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Services or Output will be uninterrupted, error-free or accurate.
14Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Each party’s total liability arising out of or relating to these Terms will not exceed the amounts paid or payable by you to us in the twelve months before the event giving rise to the claim, or US $100 if you use only free Services.
These limits do not apply to your payment obligations, a party’s indemnification obligations, or liability that cannot be limited by law.
15Indemnification
You will defend and indemnify us against third-party claims arising from Customer Content or your use of the Services in violation of these Terms. We will defend and indemnify you against third-party claims alleging that the Services, as provided by us, infringe that party’s intellectual property rights. The indemnified party must give prompt notice, reasonable cooperation and control of the defense to the indemnifying party.
16Governing law and disputes
These Terms are governed by the laws of [Governing law jurisdiction], without regard to conflict-of-laws rules. Any dispute will be resolved exclusively by [Courts or arbitration body and seat]. Before starting formal proceedings, both parties will first try in good faith to resolve the dispute informally within 30 days of written notice.
17Changes to these Terms
We may update these Terms from time to time. We will post the updated version on this page and, for material changes, notify you at least 30 days in advance by email or in the Services. If you continue to use the Services after changes take effect, you accept the updated Terms. If you do not agree, you may cancel before they take effect.
18General
- Assignment. Neither party may assign these Terms without the other’s consent, except to an affiliate or in connection with a merger, acquisition or sale of substantially all assets.
- Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
- Export and sanctions. You will comply with applicable export control and sanctions laws.
- Notices. We may send notices to the email address on your account. You may send notices to legal@xjpcnm.com.
- Entire agreement. These Terms, together with any order form and the documents referenced in them, are the entire agreement between the parties on this subject. If any provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver.
19Contact
- Legal: legal@xjpcnm.com
- Support: support@xjpcnm.com
- Post: [Company legal name], [Registered address]
Need a custom agreement?
Enterprise customers can request an order form, DPA and security documentation.