Legal

Terms of Service

Last Updated: November 2024

1. Agreement to Terms

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between InstantXS Inc ("InstantXS Inc", "Company", "we", "our", or "us") and you ("User", "Client", "you" or "your"). This Agreement governs your use of the www.instant-xs.com website and all related services, including but not limited to AI consulting, chatbot development, social media integration, cloud migration, demand forecasting, and managed cloud services (collectively, "Website" or "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 13 years of age to use our Services. If you are under 18 years of age, you must have permission from a parent or legal guardian to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.

2.2 Business Clients

If you are using our Services on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" in these Terms refer to that entity.

2.3 Account Creation

To access certain features of our Services, you may need to create an account or connect your social media accounts (Instagram Business Account, Facebook Page, WhatsApp Business). You agree to:

3. Description of Services

InstantXS Inc provides a range of technology consulting and cloud-based services, including:

3.1 AI Consulting and Chatbot Development

3.2 Social Media Integration Services

3.3 Cloud Services and Infrastructure

3.4 Demand Forecasting and Machine Learning

3.5 Salesforce and Zuora Integration

4. Acceptable Use Policy

4.1 Prohibited Activities

You agree NOT to use our Services to:

4.2 Social Media Platform Compliance

When using our social media integration services, you agree to comply with the terms of service, policies, and guidelines of all integrated platforms, including but not limited to:

5. AI Services and Chatbot Usage

5.1 AI-Generated Content

Our Services utilize artificial intelligence and machine learning technologies to generate automated responses. You acknowledge and agree that:

5.2 Service Limitations

You acknowledge that our AI services:

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content, features, functionality, software, code, algorithms, designs, graphics, logos, trademarks, and other materials available through our Services are owned by InstantXS Inc or our licensors and are protected by United States and international intellectual property laws.

6.2 Your Content and Data

You retain ownership of any content, data, or information you submit through our Services ("Your Content"). By using our Services, you grant InstantXS Inc a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and analyze Your Content to provide our Services.

7. Third-Party Services and Integrations

Our Services integrate with third-party platforms and services, including:

Your use of these third-party services is subject to their respective terms of service, privacy policies, and usage guidelines.

8. Payment Terms

8.1 Service Fees

Certain Services require payment of fees. All fees are:

8.2 Refund Policy

9. Service Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted, error-free, or secure access. Our Services may be unavailable due to:

10. Disclaimers and Limitations of Liability

10.1 No Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

10.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INSTANTXS INC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused.

10.3 Maximum Liability Cap

THE AGGREGATE LIABILITY OF INSTANTXS INC RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF: One hundred dollars ($100), OR the total amount actually paid by you to InstantXS Inc for the Services during the twelve (12) months immediately preceding the event giving rise to such liability.

11. Indemnification

You agree to indemnify, defend, and hold harmless InstantXS Inc, its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any and all liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising from:

12. Privacy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy carefully to understand how we collect, use, disclose, and protect your information.

13. Termination

13.1 Termination by You

You may terminate your use of our Services at any time by:

13.2 Termination by Us

We may suspend or terminate your access to the Services immediately, with or without prior notice, for any reason, including violation of these Terms, fraudulent activity, non-payment of fees, or actions that harm our Services or other users.

13.3 Effect of Termination

Upon termination, your right to access and use the Services ceases immediately. Sections of these Terms that by their nature should survive termination will remain in effect.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a formal claim, you agree to contact us at info@instant-xs.com and attempt to resolve the dispute informally for at least thirty (30) days.

14.2 Governing Law

The formation, interpretation, and performance of this Agreement shall be governed by the substantive and procedural laws of the State of Maryland, United States, without regard to its rules on conflicts or choice of law.

14.3 Jurisdiction and Venue

The exclusive jurisdiction and venue for any legal actions related to this Agreement shall be the state and federal courts located in Maryland, United States, and you hereby submit to the personal jurisdiction of such courts.

15. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

Your continued use of our Services after the effective date of the revised Terms constitutes your acceptance of the changes.

16. Contact Us

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

These Terms of Service were last updated on November 3, 2024