Terms of Service

Please read these API Service Terms of Use (“Terms of Use”) carefully before accessing or using any API service maintained or operated by Xapion, Inc., incorporated in Delaware (“Service”). If you do not agree to all the terms and conditions contained in these Terms of Use, do not access or use this Service. Unauthorized access and use will be considered a violation of these terms.

Through the Service, you have access to various resources and content. These include: (a) software and software as a service offerings (“Software”); (b) data, messages, text, images, photographs, graphics, and other materials (“Materials”); and (c) forums, discussion groups, chat areas, bulletin boards, blogs, and other services in connection with which you can upload, download, share, post, publish, transmit, or otherwise access or make available content (“Community Services”). Software, Materials, Community Services, and other information are collectively referred to as “Content”.

The following Terms of Use is between you (“You” or “Your”) and Xapion, Inc. By accessing or using the Service or the Content provided on or through the Service, or by merely browsing the Service, you agree to these Terms of Use. Xapion, Inc. reserves the right to change these Terms of Use at any time without notice. Your access and use of the Service will be subject to the most current version of the Terms of Use posted on the main website https://xapion.com/docs/legal/terms at the time of such use. Any rights not expressly granted herein are reserved by Xapion, Inc.

Terms Applicable to Specific Content and Areas of the Service

Some areas of the Service or Content provided on or through the Service may have additional rules, guidelines, license agreements, user agreements, or other terms and conditions that apply to your access or use of that area of the Service or Content. If there is a conflict or inconsistency between these Terms of Use and the rules, guidelines, license agreement, user agreement, or other terms and conditions for a specific area of the Service or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Service or Content.

Notice Specific to Software Available on this Service

Any Software made available to download from this Service is the copyrighted work of Xapion, Inc. or a third-party provider. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement unless they first agree to the License Agreement terms.

Use of Community Services

Community Services are provided as a convenience to users, and Xapion, Inc. is not obligated to provide any technical support for, or participate in, Community Services.

Prohibited Activities

You agree not to engage in any improper, unlawful, or prohibited activities when accessing or using the Service, Services, or Materials.

Use, publish, or disclose the results of any comparative or competitive analyses, benchmark testing, infringement testing, testing or performance specifications of the Services or Materials to any third party.
Use any device, software, or routine to disrupt, inhibit, interfere, or attempt to interfere with the proper working of the Service, any Xapion, Inc. accounts, computer systems, or networks.
Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys, or any other duplicative or unsolicited messages (commercial or otherwise).
Violate any applicable laws or regulations related to the access to or use of the Service, Services, or Materials, or engage in any activity that is, or that Xapion, Inc. deems to be, in violation of the Terms of Use.

Termination of Use

Xapion, Inc. may, in its sole discretion, at any time discontinue providing or limit access to the Service or any areas of the Service or Content provided on or through the Service. You agree that Xapion, Inc. may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Service or any Content. Xapion, Inc. may terminate or limit your access to or use of the Service if Xapion, Inc. determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that Xapion, Inc. shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Service or any Content, including Content that you may have shared.

Indemnity

You agree to indemnify and hold harmless Xapion, Inc., its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, due to or arising out of Content that you share, your violation of these Terms of Use, or your violation or infringement of any third-party rights, including intellectual property rights.

Links to Third Party Sites

The links in this area will let you leave Xapion, Inc.’s site. The linked sites are not under the control of Xapion, Inc. and Xapion, Inc. is not responsible for the contents of any linked site or any link contained in a linked site. Xapion, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Xapion, Inc. of the site.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SERVICE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. XAPION, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE AND ALL CONTENT PROVIDED ON OR THROUGH THE SERVICE.

Applicable Law

The terms of use set forth herein and any claims relating thereto shall be governed and construed in accordance with the laws of the State of Delaware and the United States without regard to the conflict law provisions thereof.

Export Control Laws

Software available on this Service is subject to United States export controls and use contrary to the United States law is prohibited. No Software from this Service may be downloaded or otherwise exported or re-exported to any country or individual in violation of U.S. export laws.

Availability of Products

Information on the Service may reference or cross-reference Xapion, Inc. products, programs, or services that might not be available in your location. Such references do not imply that Xapion, Inc. plans to make such products, programs, or services available in your location.

Please contact Xapion, Inc. for more information.

Accuracy and Completeness

Xapion, Inc. does not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within the Service.

Privacy and Protection of Personal Information

Please see Xapion, Inc.’s Privacy Statement disclosures relating to the collection and use of your information.

Miscellaneous

The Terms of Use and other rules, guidelines, licenses, and disclaimers posted via the Service constitute the entire agreement between Xapion, Inc. and you with respect to your access to or use of the Service and supersede any prior agreements between you and Xapion, Inc. on such subject matter.

For any legal inquiries or concerns, please contact us at [email protected].