1. Acceptance of Terms

By accessing, browsing, subscribing to, licensing, purchasing, implementing, or using any Services, you represent that you have read, understood, and agree to these Terms. If you are using the Services on behalf of a business, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms.

2. Scope of Services

These Terms apply broadly to current and future Xware Innovations offerings, including public websites, hosted platforms, customer portals, mobile applications, desktop software, APIs, automation systems, professional services, consulting engagements, subscription services, and managed or co-managed technology solutions.

Additional service-specific terms, statements of work, order forms, or licensing terms may apply to certain Services. Where a separate signed agreement conflicts with these Terms, the signed agreement controls to the extent of that conflict for the applicable Service.

3. User Responsibilities

You agree to use the Services only for lawful, authorized, and legitimate business or personal purposes. You are responsible for the accuracy of information you submit, the legality of your use of the Services, and ensuring that your employees, contractors, agents, and end users comply with these Terms.

4. Acceptable Use

You may not use the Services to:

• Violate applicable law, regulation, court order, or third-party rights.
• Transmit malicious code, interfere with operations, or attempt unauthorized access.
• Probe, scan, reverse engineer, or exploit systems except where expressly permitted by law or written authorization.
• Use the Services in a way that disrupts networks, infrastructure, users, or service performance.
• Store, process, or distribute unlawful, infringing, defamatory, fraudulent, or harmful content.
• Bypass security, rate limits, licensing terms, monitoring controls, or account restrictions.

5. Accounts

Certain Services may require an account, credentials, API keys, or organization-managed access. You are responsible for maintaining the confidentiality of your credentials, restricting access to authorized users, and promptly notifying Xware Innovations of suspected unauthorized use or compromise.

Xware Innovations may rely on credentials and administrative instructions submitted through authorized accounts as valid and binding.

6. Intellectual Property

All rights, title, and interest in the Services, including software, source materials, written content, designs, logos, trade names, workflows, documentation, and underlying technology, remain the property of Xware Innovations or its licensors unless expressly stated otherwise in writing.

Except for limited rights expressly granted under these Terms or a separate written agreement, no license or ownership interest is transferred to you.

7. Software Licensing

Any software, scripts, agents, installers, firmware tools, or downloadable applications made available through the Services are licensed, not sold. Subject to these Terms and any applicable order or subscription, Xware Innovations grants a limited, non-exclusive, non-transferable, revocable license to use the applicable software solely in connection with the authorized Services.

You may not copy, resell, sublicense, modify, distribute, decompile, disassemble, or create derivative works from software provided by Xware Innovations except as expressly permitted by written agreement or applicable law.

8. API Usage

If Xware Innovations provides APIs, webhooks, or developer interfaces, you may use them only in accordance with published documentation, security requirements, usage limits, and any applicable license or service terms. Xware Innovations may suspend, throttle, rotate, or revoke API credentials at its discretion to protect the Services, customers, and infrastructure.

9. Mobile Applications

Mobile applications may require device permissions, network access, system services, or background operation to deliver intended functionality. You are responsible for deploying applications in compliance with applicable laws, workplace policies, mobile platform rules, and any notice or consent obligations relevant to your use case.

10. Customer Responsibilities

Customers are responsible for their own environment, data governance, user administration, endpoint management, compliance obligations, backup validation, change approvals, and service configuration decisions unless a written agreement states otherwise. Customers must ensure that users are properly authorized and that their use of the Services complies with industry, contractual, regulatory, and employment requirements.

11. Third-Party Services

The Services may interoperate with third-party products, cloud platforms, telecom providers, payment processors, hosting providers, directory services, security tools, mapping providers, or external APIs. Xware Innovations is not responsible for third-party services, their availability, security, terms, or privacy practices. Your use of third-party services remains subject to the third party's own agreements and policies.

12. Payments

Some Services may require fees, subscription charges, project payments, usage-based charges, renewal charges, taxes, or reimbursement of approved costs. Unless otherwise stated in a written agreement, invoices are due according to the payment terms stated on the applicable order, quote, invoice, or statement of work.

Xware Innovations may suspend or limit Services for overdue balances where permitted by law or contract. Fees already paid are non-refundable except as required by law or expressly stated in writing.

13. Service Availability

Xware Innovations works to provide reliable Services, but availability may be affected by maintenance, upgrades, incidents, customer environments, connectivity issues, third-party providers, force majeure events, or other factors beyond reasonable control. Service levels, response targets, and maintenance windows may be governed by separate written agreements where applicable.

14. Security

Xware Innovations uses commercially reasonable administrative, technical, and organizational measures to protect the Services and associated systems. You acknowledge that no environment, software, or transmission method can be guaranteed to be fully secure or uninterrupted, and you share responsibility for securing your devices, accounts, networks, integrations, and administrative workflows.

15. Privacy

Your use of the Services may involve the collection, storage, or processing of information as described in the Xware Innovations Privacy Policy. By using the Services, you acknowledge that privacy practices may vary depending on the specific Service, deployment model, customer configuration, and applicable legal requirements.

Review the Privacy Policy for additional information.

16. Limitation of Liability

To the maximum extent permitted by law, Xware Innovations and its affiliates, licensors, suppliers, contractors, and representatives will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of revenue, data, goodwill, profits, business opportunities, or business interruption arising from or related to the Services, even if advised of the possibility of such damages.

To the maximum extent permitted by law, the aggregate liability of Xware Innovations arising out of or related to the Services will not exceed the amounts paid to Xware Innovations for the specific Service giving rise to the claim during the twelve months preceding the event giving rise to liability, unless a separate written agreement states otherwise.

17. Disclaimer of Warranties

Except to the extent expressly stated in a written agreement, the Services are provided on an "as is" and "as available" basis. Xware Innovations disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, and error-free operation.

18. Indemnification

You agree to defend, indemnify, and hold harmless Xware Innovations, its affiliates, personnel, contractors, licensors, and agents from and against claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or related to your use of the Services, your content or data, your breach of these Terms, or your violation of applicable law or third-party rights.

19. Suspension and Termination

Xware Innovations may suspend, disable, or terminate access to any portion of the Services if necessary to address security threats, misuse, legal requirements, policy violations, nonpayment, excessive risk, or operational concerns. You may stop using the Services at any time, subject to any contract, subscription, or payment obligations that survive termination.

20. Changes to Services

Xware Innovations may modify, enhance, replace, deprecate, or discontinue any part of the Services at any time, including features, interfaces, integrations, pricing structures, deployment models, or support methods. We may also release new Services that become subject to these Terms unless separate terms are provided.

21. Changes to Terms

Xware Innovations may update these Terms from time to time. When updates are made, the Last Updated date on this page will be revised. Continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms.

22. Governing Law

These Terms are governed by and construed in accordance with the applicable laws governing Xware Innovations contractual relationships, without regard to conflict of law principles, unless a separate written agreement specifies a different governing law or venue.

23. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect to the maximum extent permitted by law.

24. Entire Agreement

These Terms, together with any applicable order forms, statements of work, service-specific terms, privacy notices, and written agreements incorporated by reference, constitute the entire agreement between you and Xware Innovations regarding the applicable Services unless superseded by a separate executed agreement.