Terms of Service

1. Agreement to Terms

By accessing or using the services provided by Xion Tech ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services. These Terms apply to all visitors, users, and others who access or use our services.

2. Description of Services

Xion Tech provides web application development, Software as a Service (SaaS) development, and related technology consulting services. Our services include but are not limited to:

• Custom web application development
• SaaS platform development and architecture
• Software consulting and technical advisory services
• Application maintenance and support services
• Cloud infrastructure setup and management
• API development and integration

3. Client Responsibilities

As a client, you agree to:

• Provide accurate, complete, and timely information necessary for project execution
• Respond to requests for feedback, approvals, and decisions in a timely manner
• Ensure you have the legal right to use any materials, content, or intellectual property you provide
• Comply with all applicable laws and regulations in your use of our services
• Maintain the confidentiality of any access credentials or proprietary information provided

4. Project Scope and Changes

Project scope, deliverables, timelines, and pricing will be defined in a separate project agreement or statement of work. Any changes to the agreed-upon scope may result in adjustments to timelines and costs. All scope changes must be agreed upon in writing by both parties before implementation.

5. Payment Terms

Payment terms will be specified in your project agreement. Generally:

• Invoices are due within the timeframe specified in the agreement (typically 15-30 days)
• Late payments may incur interest charges as permitted by law
• We reserve the right to suspend services for accounts with overdue payments
• All fees are non-refundable unless otherwise specified in writing
• You are responsible for any taxes applicable to the services provided

6. Intellectual Property Rights

Upon full payment for services, you will receive ownership of the custom-developed code, applications, and deliverables as specified in your project agreement. However:

• We retain rights to any pre-existing code, frameworks, libraries, or tools we use
• Third-party software and services are subject to their respective licenses
• We may use anonymized project information for portfolio and marketing purposes unless otherwise agreed
• Any intellectual property you provide remains your property

7. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of our engagement. This includes business plans, technical specifications, source code, user data, and any other information marked as confidential or reasonably understood to be confidential.

8. Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. However:

• We do not guarantee that services will be error-free or uninterrupted
• We are not responsible for third-party services, APIs, or platforms we integrate with
• We do not warrant that applications will meet all possible use cases or requirements not specified in the project agreement
• You are responsible for testing, quality assurance, and compliance with applicable regulations

9. Limitation of Liability

To the maximum extent permitted by law, Xion Tech's total liability for any claims arising from or related to our services shall not exceed the total amount paid by you for the specific project or service giving rise to the claim. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption.

10. Indemnification

You agree to indemnify and hold harmless Xion Tech, its employees, contractors, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the services or deliverables
• Your violation of these Terms
• Your violation of any third-party rights
• Any content or materials you provide to us

11. Termination

Either party may terminate a project agreement with written notice. Upon termination:

• You will pay for all services rendered up to the termination date
• We will deliver any completed work and provide reasonable assistance for transition
• Confidentiality obligations will continue to apply
• Provisions that by their nature should survive termination will remain in effect

12. Data Protection and Privacy

We are committed to protecting your data and privacy. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. We implement appropriate technical and organizational measures to protect data in accordance with applicable data protection laws.

13. Third-Party Services

Our services may integrate with or rely on third-party services, APIs, or platforms. We are not responsible for the availability, functionality, or terms of service of these third-party services. You are responsible for complying with the terms of service of any third-party services used in your application.

14. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, internet failures, or government actions.

15. Dispute Resolution

Any disputes arising from these Terms or our services shall first be addressed through good faith negotiations. If a resolution cannot be reached, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, unless otherwise required by law.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated to active clients. Continued use of our services after changes constitutes acceptance of the modified Terms. The date of the last update is indicated at the top of this page.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with any project agreements or statements of work, constitute the entire agreement between you and Xion Tech regarding the subject matter herein and supersede all prior agreements and understandings.

20. Contact Information

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

Xion Tech
Email: legal@xiontech.com
Phone: +1 (234) 567-890
Address: San Francisco, CA, United States