Terms of Service

1. Introduction and Acceptance

Welcome to xWisdoM. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and xWisdoM ("we," "our," "us," or the "Company") governing your access to and use of our website, platform, APIs, applications, and all related services (collectively, the "Services").

BY ACCESSING, BROWSING, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES.

We reserve the right to modify, update, or change these Terms at any time without prior notice. Such modifications shall be effective immediately upon posting on our website. Your continued use of the Services following any modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

These Terms apply to all visitors, users, subscribers, and any other persons who access or use our Services, whether on a free trial, paid subscription, enterprise agreement, or any other basis.

2. Eligibility and Registration

2.1 Eligibility

To use our Services, you must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater. By using our Services, you represent and warrant that you meet all eligibility requirements and have the legal capacity to enter into these Terms.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization.

2.2 Account Registration

To access certain features of our Services, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Immediately notify us of any unauthorized access or security breach
• Not share your account credentials with any third party
• Not create multiple accounts for deceptive or fraudulent purposes

We reserve the right to suspend, disable, or terminate your account at any time for any reason, including if we reasonably believe that you have violated these Terms.

3. Services and Subscription

3.1 Service Description

xWisdoM provides AI visibility intelligence services, including but not limited to website analysis, Answer Rate testing, rule-based optimization scoring, AI citation detection, content recommendations, and related analytics and reporting tools. The specific features, functionality, and scope of Services may vary based on your subscription tier.

3.2 Subscription Plans and Fees

Our Services are offered through various subscription plans with different features, usage limits, and pricing. By selecting a subscription plan, you agree to pay the applicable fees as described at the time of purchase. All fees are:

• Non-refundable except as expressly stated or required by law
• Subject to change with reasonable notice
• Exclusive of applicable taxes, which you are responsible for paying
• Billed in advance on a recurring basis (monthly or annually)

3.3 Free Trials and Promotional Offers

We may offer free trials or promotional pricing at our sole discretion. Free trials will automatically convert to paid subscriptions unless cancelled before the trial period ends. We reserve the right to limit, modify, or terminate free trials at any time without notice.

3.4 Billing and Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method on file for all recurring fees. Failure to pay may result in suspension or termination of your access to the Services.

3.5 Usage Limits

Each subscription tier includes specific usage limits, including but not limited to the number of domain scans, API calls, pages analyzed, and reports generated. Exceeding your usage limits may result in additional charges, throttling, or suspension of Services. We reserve the right to modify usage limits at any time.

4. User Obligations and Restrictions

4.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not, and shall not permit any third party to:

• Use the Services for any illegal, harmful, or fraudulent purpose
• Violate any applicable laws, regulations, or third-party rights
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to any systems or networks
• Transmit any malware, viruses, or other harmful code
• Engage in any activity that could damage, disable, or impair our systems
• Use automated means to access the Services except as permitted by our API
• Scrape, crawl, or collect data from the Services without permission
• Resell, sublicense, or redistribute the Services without authorization
• Impersonate any person or entity or misrepresent your affiliation
• Use the Services to harass, abuse, or harm others
• Circumvent any security features or access controls

4.2 User Content

You retain ownership of any content, data, or materials you submit, upload, or transmit through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing and improving our Services.

You represent and warrant that you own or have the necessary rights to submit User Content and that your User Content does not violate any third-party rights or applicable laws.

4.3 API Usage and Rate Limits

If you use our API, you agree to comply with our API documentation, rate limits, and usage guidelines. We reserve the right to throttle, suspend, or terminate API access for any violations or excessive usage. API access may be subject to additional terms and conditions.

4.4 Website Crawling and Analysis

When using our Services to analyze websites, you represent and warrant that you have the necessary rights and permissions to analyze the submitted URLs. You agree not to use our Services to analyze websites you do not own or have authorization to analyze. You are solely responsible for ensuring compliance with the terms of service and robots.txt directives of any websites you submit for analysis.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Services, including all software, algorithms, designs, text, graphics, logos, icons, images, audio, video, data compilations, and other content, are owned by or licensed to xWisdoM and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes. This license does not include:

• The right to copy, modify, or distribute our proprietary technology
• The right to create derivative works based on our Services
• The right to reverse engineer, decompile, or disassemble our software
• The right to sublicense, sell, or transfer your access rights
• Any ownership interest in our intellectual property

5.2 Feedback

If you provide any feedback, suggestions, ideas, or recommendations regarding our Services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we may use, copy, modify, publish, and distribute the Feedback for any purpose without compensation or attribution to you.

5.3 AI-Generated Content

Content generated by our AI and machine learning systems in connection with providing our Services is provided for informational purposes only. We retain all rights to our AI algorithms, models, training data, and technological infrastructure. You may use AI-generated outputs for your internal purposes, but you may not use them to train competing AI systems or for any purpose that violates these Terms.

6. Confidentiality

You may gain access to confidential information through your use of the Services. Confidential information includes non-public information about our technology, algorithms, business plans, operations, pricing, and any other information marked as confidential or that should reasonably be understood to be confidential. You agree to:

• Maintain the confidentiality of such information using at least the same degree of care you use to protect your own confidential information
• Use confidential information solely for purposes of using our Services as permitted under these Terms
• Not disclose confidential information to any third party without our prior written consent
• Not use confidential information to develop competing products or services
• Promptly notify us of any unauthorized disclosure or use of confidential information

These confidentiality obligations survive the termination of these Terms and continue for as long as the information remains confidential.

7. Disclaimers and Limitations of Liability

7.1 Disclaimers

7.2 Limitation of Liability

8. Indemnification

You agree to indemnify, defend, and hold harmless xWisdoM and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Your User Content or the websites you submit for analysis
• Any claims by third parties arising from your use of the Services
• Your violation of any applicable laws or regulations

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with our defense of any such claims.

9. Term and Termination

9.1 Term

These Terms are effective as of the date you first access or use the Services and continue until terminated in accordance with these Terms.

9.2 Termination by You

You may terminate your account at any time by following the account cancellation procedures in your account settings or by contacting us. Termination does not entitle you to any refund of fees already paid.

9.3 Termination by xWisdoM

We may suspend, disable, or terminate your access to the Services at any time, with or without cause, and with or without notice, including but not limited to if we believe you have violated these Terms or engaged in conduct that could harm us, our users, or third parties.

9.4 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases
• All licenses granted to you under these Terms terminate
• You must immediately stop using the Services
• We may delete your account and all associated data
• You remain liable for any fees or charges incurred before termination
• Provisions intended to survive termination shall continue in effect

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws determined at xWisdoM's sole discretion, without regard to its conflict of law provisions.

10.2 Jurisdiction

10.3 Dispute Resolution

Before filing a claim against xWisdoM, you agree to attempt to resolve the dispute informally by contacting legal@xwisdom.ai. If a dispute is not resolved within 30 days of submission, you may proceed with filing a formal claim.

Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, shall be referred to and finally determined by arbitration in accordance with the rules and procedures determined by xWisdoM at its sole discretion.

The arbitration shall be conducted by one arbitrator selected by xWisdoM, and the language of the arbitration shall be English. The place of arbitration shall be determined solely by xWisdoM.

10.4 Class Action Waiver

11. Miscellaneous

11.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and xWisdoM regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

11.2 Waiver and Severability

Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or any other provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11.3 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any party at any time without notice or consent.

11.4 Notices

We may provide notices to you by email, posting on the Services, or other reasonable means. You may provide notices to us at legal@xwisdom.ai or by mail to an address we designate.

11.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, earthquakes, accidents, pandemics, strikes, shortages of transportation, fuel, energy, labor, or materials, or telecommunications or power failures.

11.6 Export Control

You agree to comply with all applicable export and import control laws and regulations. You represent that you are not located in, or a resident or national of, any country subject to U.S. government embargo or sanctions.

11.7 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and xWisdoM and do not create any third-party beneficiary rights.

11.8 Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and xWisdoM.

12. Contact Information

If you have any questions about these Terms of Service, please contact us at: