Terms of Service

Last Updated – 1 January 2025

These Terms of Service (the "Terms") govern your use of the websites, products, and services (collectively, the "Service") provided by xBesh AI, Inc. ("xBesh", "we", "us", or "our"). By accessing or using the Service you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements.

2. Accounts & Security

• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
• We reserve the right to suspend or terminate your account if we suspect any unauthorised activity or violation of these Terms.

3. Subscriptions, Fees & Payments

• Certain features require a paid subscription ("Plan"). Prices and inclusions are described on our pricing page (or in-app).
• All fees are in U.S. dollars unless stated otherwise and are exclusive of applicable taxes.
• Payments are processed by our third-party payment processor (e.g., Stripe). By subscribing, you authorise xBesh to charge your selected payment method on a recurring basis until you cancel.
• You can cancel at any time via your account settings. Cancelling stops future renewals; payments already processed are non-refundable except as required by law.

4. Acceptable Use

You agree not to misuse the Service or help anyone else do so. For example, you will not:

• Upload or generate content that is unlawful, harmful, harassing, defamatory, obscene, or otherwise objectionable;
• Violate or infringe intellectual-property or privacy rights of others;
• Reverse-engineer, decompile, or otherwise attempt to discover the source code of the Service;
• Interfere with or disrupt the integrity or performance of the Service; or
• Use automated means (bots, scrapers) to access the Service without prior written consent.

5. Intellectual Property

All rights, title, and interest in and to the Service, including software, text, images, trademarks, and logos, are owned by xBesh or its licensors. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service.

6. AI-Generated Output

The Service may generate software code, text, or other content ("Output") based on your prompts. You are solely responsible for reviewing Output before using it in production and ensuring that its use complies with applicable laws, third-party licences, and intellectual-property rights.

7. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms or if we reasonably believe suspension is necessary to protect the Service or other users.

8. Disclaimer of Warranties

The Service and all content are provided "AS IS" and "AS AVAILABLE." xBesh disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free.

9. Limitation of Liability

To the fullest extent permitted by law, in no event will xBesh or its affiliates, directors, employees, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from or related to your use of (or inability to use) the Service, even if advised of the possibility of such damages. Our total liability will not exceed the greater of (i) the amount you paid to xBesh in the 12 months preceding the event or (ii) USD 100.

10. Indemnification

You agree to defend, indemnify, and hold harmless xBesh and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service or violation of these Terms.

11. Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict-of-law rules. Any dispute arising out of or in connection with these Terms or the Service shall be submitted to the exclusive jurisdiction of the state or federal courts located in San Francisco County, California.

12. Changes to Terms

We may update these Terms from time to time. Material changes will be notified via the Service or email. Continued use of the Service after the effective date of revised Terms constitutes acceptance of the changes.

13. Contact Us

If you have questions about these Terms or the Service, contact us:

• Email: support@xbesh.ai
• Mail: xBesh AI, 123 Innovation Drive, San Francisco, CA 94105, USA

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