xrilion|2024
Terms of Service
THESE TERMS OF SERVICE (THE “AGREEMENT”) GOVERN THE RECEIPT, ACCESS, AND USE OF SERVICES PROVIDED BY XRILION (THE “COMPANY”). BY ACCEPTING THIS AGREEMENT, WHETHER THROUGH (A) PURCHASING ACCESS TO THE SERVICE VIA AN ONLINE ORDERING PROCESS REFERENCING THIS AGREEMENT, (B) SIGNING UP FOR A FREE ACCESS PLAN THROUGH A SCREEN REFERENCING THIS AGREEMENT, OR (C) CLICKING A BOX INDICATING ACCEPTANCE, THE CUSTOMER AGREES TO BE BOUND BY THESE TERMS.
IF ACCEPTING ON BEHALF OF A COMPANY, BUSINESS, OR OTHER LEGAL ENTITY (“CUSTOMER”), THE INDIVIDUAL REPRESENTS AND WARRANTS THEY HAVE THE AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT. IF THE INDIVIDUAL LACKS SUCH AUTHORITY, OR IF THE ENTITY DOES NOT AGREE WITH THESE TERMS, THE INDIVIDUAL MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE OR RECEIVE THE SERVICE.
Last Updated On: Sep 22, 2024
1. The Service
1.1. Service Description. The website contains various elements such as text, images, opinions, suggestions, and links (collectively, “Content”). As outlined in our About Page, our primary mission is to help you discover high growth trends and product ideas. While we strive to deliver dependable and trustworthy information, we cannot guarantee the absolute accuracy or completeness of all content presented. To improve the quality of data, Xrilion reserves the right to update or modify website content, including product information, at any time and without prior notice.
1.2. Ownership Rights. Intellectual property rights to the software and technical components featured on our website, including code, APIs, documentation, and other proprietary elements (collectively, “Software Content”), are retained by Xrilion and/or its partners. Our revenue model is based on affiliate marketing, where we may earn commissions on purchases made through affiliate links featured on our website. We take pride in the fact that all of our content is carefully researched and created by human experts.
1.3. User Subscription. Subject to the terms of this Agreement, the Customer may purchase a subscription to, and is granted the right to access and use, the Service as specified in one or more ordering screens on Xrilion’s website that reference this Agreement and outline the business terms related to the Customer’s subscription (“Order(s)”). Subscriptions will be for the period specified in the applicable Order (“Subscription Period”). Access to the Service is granted solely to individuals authorized by the Customer and is for the Customer’s internal business purposes only, not for the benefit of any third party (“Users”).
1.4. Temporary License. During the authorized period and subject to compliance with this Agreement, you are granted a personal, non-sublicensable, non-exclusive, non-transferable, limited license to use the Services for your internal business purposes according to your account’s service capacity. Any rights not expressly granted herein are reserved, and no license or right to use any trademark of Xrilion or any third party is granted in connection with the Services.
2. User Eligibility
2.1. Use Restrictions. The Services may only be accessed or used on an electronic device that you control at all times. A valid Xrilion account can only be created and maintained if you provide accurate information during the signup process and regularly update it to ensure its correctness. You are responsible for maintaining the confidentiality of your account’s login information. Each user must have unique login credentials, and these credentials must not be shared. You are responsible for all activities occurring under your account. Customer agrees not to, and will not allow Users or third parties to: (a) modify, translate, copy, or create derivative works based on the Service (b) reverse engineer, decompile, or attempt to uncover the object code, source code, or underlying algorithms of the Service, except as prohibited by law; (c) sublicense, sell, rent, lease, transfer, assign, distribute, or commercially exploit the Service, except to Authorized Customers; (d) remove or obscure any proprietary notices or branding; (e) use the Service in violation of any applicable law or regulation; (f) attempt to gain unauthorized access, disrupt, or damage the Service through harmful code or denial-of-service attacks; (g) use the Service to support or assist third parties in building competitive products; or (h) probe or test the vulnerability of the Service or Xrilion’s systems. Without limiting any terms of this Agreement, you shall not use the Services for, or in conjunction with, any website (including links from a website) that contains objectionable content (as determined at Xrilion’s sole discretion), including but not limited to abusive, profane, or hate speech, or content that violates any applicable law. You agree to indemnify and hold Xrilion harmless against any damages, losses, liabilities, settlements, and expenses (including but not limited to costs and attorneys’ fees) arising from any third-party claim or action related to an alleged violation of this provision or your use of the Services in a manner not authorized by this Agreement.
2.2. Refund Policy. Once purchased, digital products are non-refundable. However, if you experience issues with delivery or downloading, contact us within 3 days, and we’ll assist you. After 3 days, we’ll assume everything is fine and you won’t be able to make further complaints. If there’s an issue with the product itself, we’ll work to resolve it promptly. We’re not responsible for compatibility issues with software not explicitly supported, and we do not provide refunds or support for such issues.
2.3. API Access. As part of providing its Service, Xrilion may grant Customer access to one or more application program interfaces (“API(s)”). Xrilion reserves the right to set and enforce usage limits on the API, and Customer agrees to adhere to these limits. Xrilion may also suspend or terminate Customer’s access to the API at its discretion, at any time. Xrilion does not endorse any Third-Party Applications, and this Agreement does not apply to Customer’s use of these Third-Party Applications. Customer may be required to enter into separate agreements with the providers of such Third-Party Applications. (More on that below).
2.4. User Content. You are solely responsible for all software, code, data, information, feedback, suggestions, text, content, and other materials that you upload, post, deliver, provide, or otherwise transmit or store (collectively, “User Content”) in connection with or relating to the Services. You are also responsible for maintaining the confidentiality of your account’s usernames and passwords, and for all activities that occur under your account. Xrilion reserves the right to access your account to respond to requests for technical support. Xrilion will remove, disable, or restrict Your Content in accordance with applicable laws, including if it is illegal, infringes third-party rights, or violates this Agreement; (ii) if Your Content is removed, blocked, or restricted, you or any third party who reported the issue may contact Xrilion at hello@xrilion.com for review and resolution.
3. Payment Of Fees
3.1. Payment Plans. Xrilion will deliver Services according to the plan level you choose. Any additional Services or domain registrations beyond your selected plan will be subject to extra fees, plus applicable taxes. These charges will be automatically billed to your saved payment method, unless specifically marked as free. Fees are charged in advance for the selected subscription and any additional services. Subscriptions and additional services will automatically renew for the same term unless canceled. You confirm that all payment details provided are accurate and that you are authorized to use the payment method. You are responsible for promptly updating any account information, such as billing address or credit card details. If payment cannot be processed, Xrilion reserves the right to suspend or terminate access to the Services. All fees are non-refundable, except as otherwise stated in this Agreement.
3.2. Payment Curreny. All payments must be made in U.S. dollars and within the United States. You are responsible for paying all applicable taxes, duties, withholdings, and other related charges. If Xrilion is required to collect such taxes, you shall pay the appropriate amount directly to Xrilion. If any payment owed to Xrilion is subject to withholding due to tax laws or treaties, the amount of the payment will be increased to ensure Xrilion receives the full net amount owed under this Agreement. You will also reimburse Xrilion for any pre-approved costs. Xrilion may adjust its fees and payment terms at its discretion, with changes taking effect at the start of the next payment period. Xrilion will notify you in writing of any fee changes that impact your purchased Services. Continued use of the Services after the price change constitutes your agreement to the new payment terms.
4. Term And Termination
4.1. Agreement Term. The term of this Agreement will begin upon your acceptance and continue for as long as the Services are provided to you. You may terminate or downgrade your account at any time by directly canceling your subscription or submitting a cancellation request to Xrilion Support, effective at the start of the next renewal period. Xrilion may terminate this Agreement at any time with thirty (30) days’ notice, or immediately with ten (10) days’ notice (or two (2) days for nonpayment), in the event of a breach of this Agreement. Xrilion reserves the right to terminate inactive accounts and modify or discontinue the Services. Upon termination, all of your content may be permanently deleted. If Xrilion terminates your account without cause, you will be refunded the pro-rated, unearned portion of any prepaid fees for self-service subscriptions. If you cancel or fail to renew your subscription, your access to the Services will downgrade to a free version with limited features.
4.2. Effect of Termination. Upon termination of this Agreement, for any reason: (i) all licenses granted under this Agreement will immediately terminate, and you and your users will cease using the Services; (ii) Xrilion will cease providing Support Services; (iii) you must pay any outstanding fees for the remainder of the Subscription Period; and (iv) within thirty (30) days, each party must return or destroy all proprietary information of the other party, retaining no copies, except one archival copy for compliance purposes. If Xrilion terminates this Agreement due to your breach, you will be responsible for any unpaid fees for the remaining Subscription Period. If you terminate due to Xrilion’s uncured breach, Xrilion will refund any unused, prepaid fees for the remainder of the Subscription Period. All rights granted by Xrilion will immediately terminate upon Agreement termination, and Xrilion will delete your User Information, including passwords and related data, unless otherwise requested.
4.3. Survival. Any sections that, by their nature, should survive termination, including accrued rights to payment and data-related provisions will survive the termination or expiration of this Agreement.
5. Warranties And Liability
5.1. Disclaimer. THE SERVICES AND SUPPORT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND. XRILION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. XRILION DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, AND IN SUCH CASES, THESE DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
5.2. Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, XRILION WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOST REVENUES, PROFITS, BUSINESS, GOODWILL, OR SYSTEM FAILURE, INTERRUPTIONS, DELAYS, OR MALFUNCTIONS. XRILION’S TOTAL LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU FOR THE SPECIFIC SERVICE OR PROFESSIONAL SERVICES THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY EVEN IF XRILION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WILL NOT APPLY WHERE PROHIBITED BY LAW.
6. Copyright & Trademarks
6.1. Brand Material. All logos, brand names, slogans, and other intellectual property featured on the Website are the exclusive property of Xrilion and are protected by applicable laws in the U.S. and other jurisdictions. Viewing these materials on the Website does not grant you permission to use them in any form, unless explicitly authorized by Xrilion in writing. All content on the Website is copyrighted by Xrilion or its licensors.
6.2. Confidential Information. The Receiving Party agrees to (a) protect the Disclosing Party’s Confidential Information with at least a reasonable degree of care, (b) limit access to Confidential Information to authorized Representatives who are bound by confidentiality obligations, (c) refrain from disclosing Confidential Information to third parties without prior written consent, and (d) use Confidential Information solely to fulfill its obligations under this Agreement. Nothing in this clause prohibits sharing the terms of the Agreement or the other party’s name with prospective investors or acquirers, provided they are bound by standard confidentiality obligations.
6.3. Media. For any media-related inquiries or partnership opportunities, feel free to reach out to us at hello@xrilion.com. We are eager to engage and collaborate with new partners.
6.4. Feedback. Customer may, from time to time, provide suggestions, comments, or other feedback regarding the Service (“Feedback”). For clarity, Feedback refers specifically to input provided about the Service and does not include User Information or User Submissions. Xrilion may choose to incorporate Feedback into its Service, and this clause grants Xrilion the necessary rights to do so. Customer hereby grants Xrilion and its affiliates a royalty-free, worldwide, perpetual, irrevocable, fully transferable, and sublicensable license to use, disclose, reproduce, modify, create derivative works from, distribute, display, and otherwise exploit any Feedback, without obligation or restriction, except that Xrilion will not identify Customer as the provider of such Feedback.
7. Use Of Data
7.1. User Data. Customer and its Users must provide certain information, including but not limited to name, email address, username, IP address, browser, and operating system (“User Information”) when logging into the Service. Customer grants Xrilion and its subcontractors the right to store, process, and retrieve the User Information in connection with Customer’s use of the Service. Customer warrants that it has obtained all necessary rights to transfer and process the User Information as outlined in this Agreement. Customer is responsible for all User Information and for any resulting liability if usernames, passwords, tokens, or keys in its possession are used by unauthorized parties. Customer grants Xrilion the right to access, use, process, copy, distribute (to Users), perform (for Users), export (to Users), and display (for Users) User Information, solely as necessary to (a) provide the Service, (b) address service, security, or technical issues, (c) comply with legal requirements, and (d) as otherwise expressly authorized by Customer in writing.
7.2. Service Data. As Customer interacts with the Service, data regarding the performance and operation of the Service (“Service Data”) is collected. Xrilion owns all right, title, and interest in such Service Data. Provided that the Service Data is aggregated and anonymized, and no personal identifying information is shared with third parties, Xrilion may use the Service Data as it sees fit. For clarity, Xrilion is not permitted to identify Customer or its Users as the source of any Service Data.
8. Miscellaneous
8.1. General. You may not assign or transfer this Agreement without Xrilion’s prior written consent. Xrilion, however, may assign or transfer this Agreement at its discretion. This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or understandings, written or oral. Amendments must be in writing and signed by both parties, except as otherwise stated herein. Failure to enforce any provision does not waive Xrilion’s right to enforce that provision in the future. No agency, partnership, joint venture, or employment relationship is created by this Agreement, and neither party has authority to bind the other. Xrilion shall not be held liable for delays or failures in performance due to events beyond its reasonable control, or damage caused by such events.
8.2. Governing Law. This Agreement shall be governed by the laws of the State of Wyoming, without regard to its conflict of laws provisions. You acknowledge that this Agreement constitutes a contract between you and Xrilion, even if electronic and unsigned, and it governs your use of the Services.
8.3. Unsubscribe. You have the right to opt out of the arbitration provisions outlined above by sending written notice of your decision to opt out to: hello@xrilion.com with the subject line “COMPANY ARBITRATION OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Services; otherwise, you will be bound to arbitrate any disputes in accordance with this Agreement, which provides for binding arbitration. If you opt out of the arbitration provisions, Xrilion will also not be bound by them. Additionally, by using the Services, you may receive email newsletters or marketing communications from Xrilion. You can opt out of these communications at any time by clicking the “unsubscribe” link in any email we send or by contacting us directly at hello@xrilion.com.
8.4. Changes. Xrilion may update this Agreement from time to time, with or without notice. You can review the most current version of this Agreement at any time on Xrilion’s legal page. Any changes will take effect immediately upon being posted, and your continued use of the Services after such updates constitutes your acceptance of the revised terms. If you do not accept the changes, your only remedy is to stop using the Services and request cancellation via Xrilion Support. Should any provision of this Agreement be deemed unenforceable, it will be modified or removed to the minimum extent necessary, and the remaining provisions will remain in full force.