Terms Of Service
Effective Date: June 2, 2025
This agreement is between Xyphercore and You and governs your use of Xyphercore’s services. By creating an account, purchasing services, or using Xyphercore, you confirm that you are legally authorized to enter this agreement, accept all terms and conditions, and, if acting on behalf of a business or entity, have the authority to bind them to this agreement. If you do not accept these terms or lack authorization, you may not create an account or use our services. Customers must register an account with accurate information and provide identity or payment verification if required, as failure to do so may result in order cancellation or account termination. Customers are responsible for securing login credentials and ensuring they are not shared, with any unauthorized access reported immediately. Xyphercore may modify, add, or discontinue services at any time, including urgent changes due to security or compliance updates. If a service reaches end-of-life, customers will be notified 30 days in advance and offered a comparable replacement if available. Support is provided under Xyphercore’s current policies, and Xyphercore is not responsible for technical issues beyond its services. Harassment or threats toward Xyphercore staff will result in immediate account termination without notice.
Customers can access Xyphercore services by either completing an official Xyphercore Order Form or creating an online account, which requires acknowledging acceptance of these Terms of Service. When purchasing services through an account, customers will select the applicable service, the duration of their subscription, and their preferred payment plan. Xyphercore reserves the right to update or modify these terms at any time. Continued use of Xyphercore services after updates take effect implies acceptance of the revised terms.
Access & Use of Xyphercore Services
Customers can access Xyphercore services by registering through our site, requiring acceptance of these Terms of Service. Customers must provide accurate account details, including identity and payment verification if requested, as failure to comply may result in order cancellation or account termination. Customers are solely responsible for securing their login credentials and ensuring they are not shared, with any unauthorized access reported immediately. Xyphercore may modify, add, or discontinue services at any time, including urgent changes due to security risks or compliance requirements. If a service reaches end-of-life, customers will be notified 30 days in advance and offered a comparable replacement if available. Support is provided based on Xyphercore’s current policies, but we are not responsible for technical issues beyond our services. Harassment or threats toward Xyphercore staff will result in immediate account termination without notice.
Ordering & Payments
Customers may purchase access to Xyphercore services by registering through their account. Pricing varies based on service type, billing period, and usage model, with applicable support included during the service term. Some services may require payment before activation. Customers must ensure ordered services meet their delivery expectations. Payments are made through credit card, or third-party providers like PayPal, Stripe, and automatic payments require agreement to electronic authorization. Customers must keep payment details accurate and maintain sufficient funds to prevent failed transactions. Delinquent payments may result in service suspension, termination, interest charges, or collection efforts. Xyphercore reserves the right to adjust pricing with 30 days’ notice, with changes applying at service renewal. Refunds are generally not provided, except as required by law or outlined in this agreement. Billing disputes must be raised within 60 days of invoicing. EU consumers have the right to cancel within 14 days of purchase, with refunds processed promptly, unless services have already commenced.
Confidentiality
Confidential Information refers to any data or materials disclosed by Xyphercore or the Customer that are designated as confidential or proprietary, including business strategies, technology, customer records, and services, even if not explicitly marked. Xyphercore’s Confidential Information includes, but is not limited to, its services, associated data, and login credentials. Information is not considered confidential if it was already known to the receiving party, becomes publicly available, or is independently developed without reliance on disclosed data. Both parties agree to use Confidential Information solely to fulfill their contractual obligations, and neither may disclose it without prior written consent. Xyphercore and the Customer must implement reasonable safeguards to protect Confidential Information, and disclosure is permitted only to authorized personnel or as required by law, with efforts made to minimize exposure. If confidentiality is breached, the affected party may seek legal remedies, including injunctive relief. Additionally, security compliance documents, certifications, audit reports, and Business Associate Agreements are considered Confidential Information. Customers may share Compliance Reports with auditors or clients under strict confidentiality terms, and upon request, must provide Xyphercore with a list of recipients.
Intellectual Property & Usage Restrictions
Customers receive a limited right to access and use Xyphercore services, but all intellectual property rights remain exclusively owned by Xyphercore and its licensors. This includes proprietary software, platform technologies, branding, and service-related innovations. Customers do not gain ownership of any Xyphercore assets or technology beyond what is explicitly granted. Customers may not modify, reverse engineer, create derivative works, or attempt to bypass protections on Xyphercore services. Unauthorized disclosure of trade secrets, disruption of operations, or engagement in malicious activities such as spam, malware, denial-of-service attacks, or unauthorized crypto mining is strictly prohibited. Customers may use proof-of-stake mechanisms for blockchain transactions, provided they do not violate security policies. Additionally, if certain Xyphercore services rely on third-party infrastructure or datacenter hosting, those elements remain under the ownership and operational control of their respective providers. Any attempt to gain unauthorized access, disrupt services, or infringe on intellectual property rights may result in immediate service termination.
Data Security
Xyphercore’s privacy and data storage practices follow the guidelines outlined in its Data Processing Agreement and Privacy Policy, which detail how user data is managed and protected. Xyphercore reserves the right to monitor service performance and stability to ensure compliance with this agreement. Customers must cooperate with any compliance verification requests and may not interfere with monitoring efforts. If service disruptions are suspected to be linked to customer data usage, Xyphercore may request assistance to resolve the issue. Customers must not submit unencrypted protected health information or personally identifiable data that is subject to regulatory protection unless a Business Associate Agreement (BAA) is in place. Any unauthorized submission of such data is strictly prohibited, and Xyphercore is not liable for violations of these policies. Customers agree to indemnify Xyphercore against claims arising from non-compliance.
Content Data
Customers retain full ownership of their content data, but by using Xyphercore services, they grant Xyphercore a limited, non-transferable license to process and store this data as necessary for service delivery. Xyphercore may collect and anonymize usage data for statistical analysis and service improvement. Customers must ensure they have proper rights to all data they upload and that their use complies with all applicable laws, including privacy and data security regulations. Content that is illegal, harmful, infringing, or violates third-party rights is strictly prohibited, and customers are responsible for promptly removing any content that does not comply with these terms. Customers are also required to secure their data, including encryption and backup measures, and must notify users about data processing where legally required. Providing a phone number to Xyphercore constitutes consent to receive non-marketing communications related to service operations. Additionally, Xyphercore respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). Copyright holders may report alleged infringements, and Xyphercore will take appropriate action, including forwarding valid DMCA notices to affected customers and enforcing policies against repeat offenders.
Third-Party Products
Customers are responsible for any third-party products they install or use with Xyphercore services. These products are governed by separate agreements between the customer and the third party, and Xyphercore is not a party to or bound by those terms. Customers must cover all associated fees, including usage-based charges, price increases, or overage costs imposed by third-party providers. If Xyphercore facilitates access to a third-party product, any applicable manufacturer warranties will be passed through to the customer. However, Xyphercore is not responsible for product availability, warranty fulfillment, or any issues arising from third-party usage. All third-party products are provided "as is," and customers must review, accept, and comply with the provider’s terms. Xyphercore retains the right to suspend or terminate access to third-party products at any time.
Term & Termination
This agreement begins when a customer creates an account or completes an official Xyphercore order form and remains in effect for the initial service term selected. Unless otherwise stated, services automatically renew for equal durations unless either party provides non-renewal notice at least 30 days in advance or, for month-to-month terms, at any time before renewal. Customers can cancel automatic renewal through their product dashboard or by submitting a support request.
Customers may terminate the agreement for convenience with 30 days' advance notice, but early termination fees apply based on remaining service term costs. Xyphercore may terminate immediately if a customer violates key terms, becomes insolvent, fails to resolve breaches within a designated period, or does not complete payment within two days of the due date. After two days of non-payment, customers will lose access to their services. All files and servers will be permanently deleted after seven days of non-payment, and renewal will not occur if the service has been removed due to missed payments. Upon termination, all affected Xyphercore services will cease functioning, and customers will lose access to all stored content data. Customers should back up data before expiration.
If termination is due to legal requests or violations, immediate action may be taken without an option for data retrieval. Certain contractual obligations and liabilities may continue beyond termination, including outstanding payments and other obligations outlined in the agreement.
Suspension & Liability
Xyphercore reserves the right to suspend service access if a customer violates this agreement, poses a security risk, fails to address compliance concerns, or if suspension is required due to a legal request or administrative necessity. Xyphercore may provide notice before suspension, but in cases of severe violations, service may be suspended without prior notice to prevent harm to systems or other users. Customers remain responsible for fees incurred before or during suspension, and no service credits will be issued during this period.
Xyphercore establishes its pricing and terms based on liability limitations and disclaimers, ensuring risk is fairly allocated between the company and the customer. Unless required by law, customers may not indemnify Xyphercore beyond the scope of this agreement.
All services are provided “as is” without warranties regarding performance, uninterrupted access, compatibility, or suitability for specific needs. Customers assume all risks related to service quality and regulatory obligations regarding their stored data.
Xyphercore is not liable for lost profits, corrupted data, unauthorized access, business interruption, or indirect damages arising from service use. Except in cases where Xyphercore is required to provide indemnification, total liability is strictly limited to the amount paid by the customer for services within the previous 12 months, unless a higher minimum liability is required by law.
Third-party service providers linked to Xyphercore’s infrastructure hold no liability, and claims must be raised within 18 months of occurrence. German customers retain specific rights regarding damages related to injury or gross negligence, in compliance with local laws.
Intellectual Property Indemnity
Xyphercore will defend customers against claims of copyright, patent, trade secret, or trademark infringement and indemnify them for any legally awarded damages, provided the customer promptly notifies Xyphercore, grants full control over the defense, and cooperates as needed. Customers may not settle or compromise any claims without Xyphercore’s consent. This indemnification does not apply to claims arising from third-party integrations, unauthorized modifications, or misuse of Xyphercore services beyond their intended purpose.
For third-party products used alongside Xyphercore services, any applicable indemnities will be passed through from the original provider. However, Xyphercore is not responsible for enforcing third-party indemnities or addressing issues caused by external products.
If a Xyphercore service component becomes the subject of an infringement claim, Xyphercore may secure rights for continued use, modify or replace the component, or terminate the service with a pro-rated refund.
Customers must indemnify Xyphercore against legal claims, expenses, and damages arising from violations of third-party intellectual property rights, ensuring full compliance with applicable laws.
Indemnification & Legal Compliance
Customers must indemnify Xyphercore and its affiliates against any claims, liabilities, damages, or legal expenses arising from acts or omissions that result in third-party claims against Xyphercore. Settlements requiring specific actions from Xyphercore must receive prior approval. Xyphercore also reserves the right to participate in legal defense at its own expense. Additionally, customers must cover costs related to subpoenas, search warrants, or court orders requiring the production of information. Xyphercore will notify customers about such requests unless prohibited by law.
Xyphercore services, including software, are provided as "Commercial Items" under applicable U.S. regulations and may only be used under the terms of this agreement. If government agencies require expanded rights, a separate negotiation and written agreement are necessary.
Both Xyphercore and customers must comply with anti-corruption laws, including the U.S. Foreign Corrupt Practices Act (FCPA), ensuring no payments, gifts, or favors are used to influence government officials or secure business deals.
Customers must use Xyphercore services lawfully and in full compliance with privacy and data security regulations. Xyphercore may publicly disclose customers as users of its services but written consent is required for the use of Xyphercore branding, except for promotional purposes.
If any portion of this agreement is found unenforceable, the remaining provisions will remain valid. This agreement is governed by applicable laws based on jurisdiction, and in the U.S., disputes are handled in Virginia courts, with both parties waiving jury trial rights. For international users, local laws may apply where U.S. law is excluded.
Customers must comply with local laws that may override standard governing law and venue provisions. If applicable, customers must notify Xyphercore within 30 days to identify relevant legal modifications.
Xyphercore provides information electronically through account portals, email, or support channels, which satisfies any legal requirement for written communication. Customers may request paper copies when required by law and confirm their ability to receive electronic notices.
This agreement represents the entire understanding between Xyphercore and the customer, superseding any previous discussions. If conflicts arise between these Terms of Service and an order form, the Terms of Service will govern unless amended.
Failure to enforce provisions does not constitute a waiver of rights. Section headings serve only as reference and do not impact the meaning of terms. The agreement does not establish a joint venture or agency relationship between Xyphercore and its customers.
Xyphercore may freely assign or transfer rights, but customers must obtain prior consent before doing so. No third-party beneficiaries are intended or created under this agreement. Legal notices will be delivered via email or account notifications, and customers must direct inquiries to the appropriate Xyphercore contact channels.
Xyphercore is not liable for delays or failures due to events beyond its control, such as natural disasters, government actions, or cyberattacks. If such events persist for 30 days, either party may terminate the agreement.
Customers must comply with export laws, ensuring Xyphercore services are not used in restricted regions or by sanctioned individuals. Customers are solely responsible for following all applicable trade and security regulations.
For any questions regarding this agreement, customers should contact Xyphercore through official support channels.
📧 Email: [email protected]
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