1. Introduction
Welcome to XXELL (“we”, “us”, “our”). These Terms of Use (“Terms”) govern your access to and use of our website (xxell.ai) and any services, features, or content made available through it (collectively, the “Service”). By using or accessing the Service, you agree to these Terms. If you disagree with any part, you should not use the Service.
2. Eligibility
You must be at least 18 years old and able to enter into a binding contract to use the Service. If you represent a company, you warrant you have authority to bind that entity to these Terms.
3. Account Registration
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To use certain parts of the Service (e.g. your dashboard, AI coaching), you must register an account.
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You agree to provide accurate, current, and complete information.
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You are responsible for safeguarding your password and account.
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You agree to notify us immediately of any unauthorized use of your account.
4. Service Use & License
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We grant you a limited, non-exclusive, non-transferable license to access and use the Service per these Terms.
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You may use the Service only for lawful business purposes consistent with these Terms.
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You shall not reverse engineer, decompile or attempt to derive source code from our Service.
5. Payment, Subscription, & Billing
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Certain features are provided under paid subscription plans; you agree to pay the applicable fees.
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Fees may be billed monthly or annually, as selected.
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You authorize us to charge your payment method on file.
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Late or failed payments may result in suspension or termination of access.
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All fees are non-refundable, except as required by law or as explicitly stated.
6. Content & Intellectual Property
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All content, software, materials, trademarks, and intellectual property in the Service are owned by or licensed to XXELL.
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You retain ownership of data you upload or input. We may use aggregated anonymized data for improving our services.
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You may not reproduce, distribute, or create derivative works from our content without permission.
7. Acceptable Use / Prohibited Activities
You agree not to:
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Use the Service for illegal purposes
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Upload viruses, malware, or malicious code
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Bypass security or disrupt integrity of the Service
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Harass, defame, or infringe on rights of others
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Use automated scripts or scraping tools
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Interfere with another user’s use of the Service
8. Suspension, Termination & Access Restriction
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We may suspend or terminate your access (partially or entirely) if you breach these Terms.
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Upon termination, your rights under this license immediately cease.
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Sections that by nature should survive termination will survive (e.g. intellectual property, liability, data).
9. Disclaimers & Limitation of Liability
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The Service is provided “as is” and “as available,” without warranties of any kind (express or implied).
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We do not guarantee error-free, uninterrupted operation.
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To the fullest extent allowed by law, XXELL, its officers, employees, or agents will not be liable for damages (including indirect, incidental, punitive) arising from your use of the Service.
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Our total liability shall not exceed the amount you have paid us in the preceding 12 months.
10. Indemnification
You agree to defend, indemnify, and hold harmless XXELL and its affiliates against any claims, losses, liabilities, damages, and expenses (including legal fees) arising from your use of the Service or violation of these Terms.
11. Governing Law & Dispute Resolution
These Terms are governed by the laws of Malaysia (or specify your jurisdiction). Any dispute shall be resolved by binding arbitration or courts in Malaysia (or your agreed jurisdiction).
12. Changes to Terms
We may modify these Terms at any time. We will post updated Terms, including a “Last updated” date. Your continued use after changes constitutes acceptance.
13. Contact Information
If you have questions or concerns about these Terms, email us at: tlee@xxell.ai
XXELL Sdn. Bhd.
