XUNA AI Terms of Service

1. Definitions

For purposes of these Terms:

“Services” means all products, software, platforms, websites, APIs, dashboards, applications, communication tools, automation systems, workflows, integrations, professional services, support services, and related offerings provided by XUNA AI, including but not limited to XUNA Voice, iMessage and SMS, Chat, WhatsApp, Ringless Voicemail, CRM, AI agents, workflow automation, analytics, reporting, integrations, and any future XUNA AI products or services.

“XUNA Voice” means XUNA AI’s voice-based AI agent, call automation, voice communication, call handling, voice workflow, call routing, transcription, analytics, and related voice technology services.

“Messaging Services” means any communication services provided by XUNA AI through iMessage, SMS, Chat, WhatsApp, Ringless Voicemail, email, or other messaging channels.

“Customer Data” means content, data, records, files, contacts, prompts, messages, call audio, call recordings, transcripts, CRM data, phone numbers, workflows, integrations, instructions, or other materials submitted to, uploaded to, processed by, or generated through the Services by or on behalf of Customer.

“AI Output” means text, audio, recommendations, summaries, classifications, workflows, responses, messages, call scripts, transcripts, insights, analytics, predictions, or other content generated by the Services.

“Users” means employees, contractors, agents, representatives, customers, end users, or other persons who access or use the Services under Customer’s account or interact with Customer’s use of the Services.

2. The XUNA AI Services

XUNA AI provides a patent-pending AI platform designed to help businesses automate, manage, analyze, and improve customer and operational workflows across multiple communication and business channels.

The Services may include, without limitation:

1. XUNA Voice: AI-powered voice agents, inbound and outbound call automation, call handling, call routing, transcription, call analytics, voice workflows, voice-based customer support, voice sales workflows, appointment handling, information collection, and other voice-enabled automation.
2. iMessage & SMS: Business messaging automation, customer engagement, reminders, follow-ups, support workflows, transactional messaging, marketing messaging where legally permitted, and related analytics.
3. Chat: AI-powered website chat, app chat, support chat, internal chat workflows, customer-facing AI assistants, and related automation.
4. Whatsapp: Business messaging workflows, customer support, notifications, follow-ups, and AI-assisted communication through WhatsApp or WhatsApp Business integrations.
5. Ringless VM: Voicemail drop campaigns, customer notifications, follow-ups, and related communication workflows, subject to applicable laws and carrier rules.
6. Reviews: Customer review collection, feedback workflows, reputation management tools, and related automation and analytics.
7. CRM: Customer relationship management tools, contact management, pipeline management, lead management, customer profiles, notes, activity tracking, automations, analytics, and integrations.
8. Integrations and APIs: Connections to third-party platforms, software systems, databases, CRMs, communication providers, calendars, payment systems, marketing platforms, and other external tools.
9. Professional Services: Implementation, customization, onboarding, training, consulting, workflow design, optimization, technical support, and other services provided by XUNA AI.

XUNA AI may add, modify, suspend, or discontinue any feature, product, integration, or Service at any time, subject to any separate written agreement between the parties.

3. Accounts, Access, and Authority

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account, including activity by your Users. You must promptly notify XUNA AI of any unauthorized access, security incident, or suspected misuse of your account.

You agree that all information you provide to XUNA AI is accurate, complete, and current, and you will promptly update such information as needed.

You are responsible for ensuring that all Users comply with these Terms. Any breach of these Terms by a User will be deemed a breach by Customer.

XUNA AI may suspend or terminate access to the Services if we reasonably believe that your account has been compromised, is being used unlawfully, or poses a risk to XUNA AI, other customers, third parties, telecommunications providers, platform providers, or the public.

4. Customer Responsibilities

Customer is solely responsible for:

1. Its use of the Services and all activity under its account.
2. The accuracy, legality, quality, and integrity of Customer Data.
3. Obtaining all required consents, permissions, licenses, authorizations, and legal bases required to collect, upload, store, process, transmit, record, message, call, or otherwise use Customer Data through the Services.
4. Compliance with all applicable laws, rules, regulations, industry standards, platform policies, carrier rules, telecommunications rules, privacy laws, consumer protection laws, and marketing laws.
5. Ensuring that AI Output is reviewed, validated, and used appropriately before relying on it.
6. Ensuring that its workflows, campaigns, prompts, scripts, call flows, messages, automations, and integrations comply with applicable laws and these Terms.
7. Maintaining security of its systems, credentials, integrations, and access permissions.
8. Responding to requests from individuals regarding privacy, consent, opt-out, deletion, access, correction, or other legal rights.

XUNA AI is not responsible for Customer’s legal compliance, business decisions, communications, campaigns, or use of AI Output.

5. Acceptable Use Policy

You may use the Services only for lawful, authorized, and legitimate business purposes. You must not use the Services in any manner that:

1. Violates any applicable law, regulation, court order, contractual obligation, platform policy, telecommunications rule, carrier rule, or third-party right.
2. Is fraudulent, deceptive, misleading, abusive, harassing, defamatory, obscene, invasive of privacy, discriminatory, threatening, or harmful.
3. Involves phishing, pharming, spoofing, impersonation, identity theft, unauthorized data collection, credential harvesting, or other deceptive practices.
4. Sends or facilitates spam, unlawful telemarketing, unlawful robocalls, unlawful text messages, unlawful ringless voicemail, or unlawful marketing communications.
5. Violates Do-Not-Call, opt-out, consent, caller ID, call recording, AI disclosure, or messaging compliance obligations.
6. Uses false, misleading, altered, or deceptive caller ID, sender ID, business identity, message origin, or communication source.
7. Infringes, misappropriates, or violates intellectual property, publicity, privacy, or other proprietary rights.
8. Uses the voice, likeness, name, identity, image, or persona of any person without all required rights and consents.
9. Creates or distributes deepfakes, synthetic voices, synthetic media, or AI-generated content in a misleading, unauthorized, harmful, or unlawful manner.
10. Attempts to reverse engineer, decompile, disassemble, copy, scrape, benchmark, crawl, or extract the Services, models, source code, systems, architecture, data, or underlying technology.
11. Uses the Services or AI Output to train, develop, improve, or compete with XUNA AI or any similar AI, automation, communication, CRM, messaging, or workflow platform.
12. Interferes with, disrupts, damages, overloads, or compromises the Services or any network, carrier, vendor, platform, integration, system, or third-party service.
13. Uploads viruses, malware, malicious code, or harmful content.
14. Attempts to bypass usage limits, security controls, authentication, rate limits, billing systems, monitoring systems, or compliance protections.
15. Uses the Services for high-risk, emergency, life-safety, medical diagnosis, aviation, nuclear, critical infrastructure, or other safety-critical purposes unless expressly authorized in a separate written agreement.

XUNA AI may monitor usage for compliance, investigate suspected violations, suspend or terminate Services, block campaigns, restrict phone numbers or messaging channels, remove content, report unlawful activity, and cooperate with law enforcement, regulators, carriers, platform providers, or other authorities where appropriate.

6. Communications, Calling, Messaging, and Telemarketing Compliance

Because XUNA AI may support voice, SMS, iMessage, Chat, WhatsApp, Ringless Voicemail, and other communication channels, Customer must comply with all laws and rules applicable to its communications.

Such laws and rules may include, without limitation:

1. The Telephone Consumer Protection Act, or TCPA.
2. The Telemarketing Sales Rule, or TSR.
3. Federal Trade Commission rules.
4. Federal Communications Commission rules.
5. The CAN-SPAM Act.
6. State telemarketing, marketing, consumer protection, privacy, call recording, wiretapping, and eavesdropping laws.
7. Federal, state, and company-specific Do-Not-Call rules.
8. Carrier, messaging provider, WhatsApp, Apple, Meta, telecom, app store, platform, and channel-specific policies.
9. International communications, privacy, marketing, and consumer protection laws where applicable.

Customer is solely responsible for ensuring that it has all required consents and legal bases before using the Services to call, text, message, record, transcribe, analyze, or otherwise communicate with any person.

Customer agrees to:

1. Obtain all required prior express consent, prior express written consent, opt-in consent, contractual consent, or other legally required permission before initiating calls, messages, ringless voicemail, automated communications, AI communications, marketing communications, or recorded communications.
2. Maintain legally sufficient proof of consent for the period required by applicable law and, in any event, for no less than five years unless a longer period is required.
3. Honor opt-outs, STOP requests, unsubscribe requests, revocations of consent, Do-Not-Call requests, and channel-specific suppression requirements promptly.
4. Scrub applicable campaigns and contact lists against federal, state, internal, and applicable third-party Do-Not-Call lists as required by law and, where applicable, no less frequently than every 31 days.
5. Avoid calling or messaging outside legally permitted hours.
6. Provide required disclosures, including business identity, purpose of communication, AI usage disclosures, recording disclosures, and opt-out mechanisms.
7. Ensure any AI voice, AI chat, messaging, or automated agent clearly complies with applicable AI disclosure laws and consumer protection requirements.
8. Use accurate caller ID, sender ID, business identity, and message origin information.
9. Comply with all rules for iMessage, SMS, WhatsApp, Ringless Voicemail, chat widgets, voice calls, and any other communication channel used through the Services.

XUNA AI does not provide legal advice and does not guarantee that Customer’s use of the Services complies with any law, rule, or regulation. Customer should consult qualified legal counsel before launching any communication, marketing, calling, messaging, voicemail, AI agent, or automation campaign.

XUNA AI may suspend or restrict communications, numbers, campaigns, integrations, messages, calls, or accounts if we believe they may violate law, platform rules, carrier rules, these Terms, or pose reputational, legal, technical, or operational risk.

7. AI Voice, Synthetic Media, and Publicity Rights

Customer is solely responsible for ensuring that any voice, image, name, likeness, persona, script, prompt, identity, or content used with the Services is authorized and lawful.

You must not use XUNA AI to:

1. Clone, simulate, imitate, replicate, or create a voice or likeness of any real person without all required rights, licenses, and consents.
2. Use any AI-generated or synthetic voice in a deceptive, misleading, harmful, or unauthorized way.
3. Impersonate any person, business, government agency, public official, professional, or organization.
4. Misrepresent that an AI agent is a human where disclosure is required by law or where the communication would otherwise be deceptive.
5. Use AI voice, synthetic media, or generated content to commit fraud, manipulate individuals, obtain unauthorized information, or harm any person.

Customer agrees to defend, indemnify, and hold XUNA AI harmless from any claim arising out of Customer’s use of AI voice, synthetic media, likeness, identity, or generated content.

8. Ringless Voicemail Compliance

If Customer uses XUNA AI’s Ringless Voicemail features, Customer is solely responsible for determining whether such use is permitted under applicable law and for obtaining all required consent.

Customer agrees that it will not use Ringless Voicemail to deliver unlawful marketing, spam, deceptive communications, communications to persons who have opted out, communications to numbers on applicable Do-Not-Call lists, or communications without legally required consent.

XUNA AI may suspend, block, throttle, or terminate Ringless Voicemail usage that we believe may create legal, carrier, platform, consumer protection, or reputational risk.

9. Customer Data

As between Customer and XUNA AI, Customer retains ownership of Customer Data. Customer grants XUNA AI a worldwide, non-exclusive, royalty-free license to host, use, process, transmit, reproduce, display, modify, analyze, and create derivative technical works from Customer Data solely as necessary to provide, secure, support, maintain, improve, and develop the Services, comply with law, enforce these Terms, and as otherwise permitted by these Terms or a written agreement.

Customer represents and warrants that it has all rights, permissions, consents, notices, and legal bases necessary for XUNA AI to process Customer Data as contemplated by these Terms.

Customer is solely responsible for backing up Customer Data. XUNA AI is not responsible for loss, deletion, corruption, or failure to store Customer Data except as expressly stated in a separate written agreement.

10. AI Output

AI Output may be inaccurate, incomplete, offensive, biased, unexpected, or unsuitable for Customer’s intended use. Customer is responsible for reviewing, testing, validating, and approving AI Output before relying on it or sending it to any third party.

Subject to Customer’s compliance with these Terms, XUNA AI grants Customer a limited right to use AI Output generated for Customer through the Services for Customer’s lawful internal business purposes and customer-facing communications, where permitted by applicable law.

XUNA AI does not guarantee that AI Output is unique, error-free, legally compliant, non-infringing, appropriate, or fit for any particular purpose. Similar or identical output may be generated for other customers.

Customer must not use AI Output to train, develop, improve, benchmark, or create any competing AI model, automation platform, CRM, communication platform, messaging platform, voice agent platform, or similar service.

11. Data Usage, Service Improvement, and AI Training

Unless otherwise agreed in writing, XUNA AI may collect and use usage data, telemetry, metadata, diagnostics, performance data, aggregated data, and de-identified data derived from Customer’s use of the Services to operate, secure, analyze, improve, and develop the Services, including AI models, automation systems, communication workflows, analytics, and platform features.

XUNA AI will not use Customer Data to identify Customer in public materials without Customer’s permission. Where XUNA AI uses aggregated or de-identified data, it will do so in a manner that does not reasonably identify Customer or individual end users.

Enterprise customers may request additional data usage restrictions, model training restrictions, or data processing terms through a separate written agreement.

12. Call Recording, Transcription, and Communications Data

The Services may enable recording, transcription, analysis, storage, and processing of calls, voicemails, messages, chats, and other communications. Customer is solely responsible for determining whether recording, transcription, monitoring, analytics, AI processing, and third-party processing are lawful and for obtaining all required consents and providing all required notices.

Customer must not enable or use recording, transcription, monitoring, analytics, or AI processing unless it has complied with all applicable consent, notice, privacy, wiretapping, eavesdropping, call recording, and communications laws.

XUNA AI may process communications data to provide the Services, generate AI Output, perform analytics, troubleshoot issues, improve quality, ensure compliance, detect abuse, and protect the Services.

13. Privacy and Security

XUNA AI will implement commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, use, disclosure, loss, or alteration.

Customer remains responsible for securing its own systems, devices, credentials, integrations, user permissions, workflows, and connected third-party services.

XUNA AI will provide notice of a confirmed security incident involving Customer Data as required by applicable law or any separate written agreement.

Use of the Services is also subject to XUNA AI’s Privacy Policy, which is incorporated by reference into these Terms.

14. HIPAA, Healthcare, Financial, and Regulated Data

Unless XUNA AI expressly signs a separate Business Associate Agreement with Customer, XUNA AI is not acting as a “Business Associate” under HIPAA and the Services are not intended to process protected health information.

Customer must not submit protected health information, payment card data, government identification numbers, sensitive financial data, children’s data, biometric data, or other highly regulated data to the Services unless expressly authorized in writing by XUNA AI and subject to any required additional agreement.

Customer is solely responsible for determining whether its use of the Services is appropriate for regulated industries and for complying with all applicable obligations.

15. Intellectual Property Rights

XUNA AI and its licensors own all rights, title, and interest in and to the Services, including the patent-pending XUNA AI platform, software, source code, object code, APIs, dashboards, user interfaces, workflows, templates, designs, models, algorithms, AI systems, machine learning systems, analytics, databases, documentation, inventions, processes, methods, improvements, derivative works, know-how, trade secrets, trademarks, service marks, logos, and all related intellectual property.

Except for the limited rights expressly granted in these Terms, no rights are granted to Customer by implication, estoppel, or otherwise.

Customer must not:

1. Copy, modify, adapt, translate, or create derivative works of the Services.
2. Reverse engineer, decompile, disassemble, or attempt to discover source code, models, algorithms, architecture, or underlying technology.
3. Sell, resell, rent, lease, sublicense, distribute, or make the Services available to unauthorized third parties.
4. Remove proprietary notices or branding.
5. Use the Services to build, train, improve, benchmark, or support a competing product or service.
6. Use XUNA AI’s name, trademarks, logos, branding, or materials without prior written consent.

Customer grants XUNA AI a limited license to use Customer’s name, logo, and trademarks to identify Customer as a customer of XUNA AI in marketing materials, customer lists, websites, and presentations.

Customer may revoke this permission by providing written notice, after which XUNA AI will use commercially reasonable efforts to remove such use within 30 days.

16. Feedback

If Customer provides suggestions, ideas, requests, comments, improvements, or other feedback regarding the Services, Customer grants XUNA AI a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, commercialize, and incorporate such feedback into the Services without restriction or compensation.

17. Third-Party Services and Integrations

The Services may integrate with or depend on third-party services, platforms, carriers, messaging providers, telecom providers, AI providers, CRMs, payment processors, app stores, cloud providers, WhatsApp, Apple services, Meta services, Google services, Twilio or similar providers, and other third-party systems.

Customer’s use of third-party services may be subject to separate terms, policies, fees, rate limits, restrictions, and availability. XUNA AI is not responsible for third-party services, changes, outages, errors, data loss, suspensions, policy enforcement, or discontinuation.

XUNA AI may suspend or modify integrations where required by third-party providers, law, security concerns, carrier rules, platform rules, or operational needs.

18. Fees, Billing, and Payment

Customer agrees to pay all fees associated with its use of the Services as set forth in the applicable order form, pricing page, subscription plan, invoice, statement of work, or other written agreement.

Unless otherwise agreed in writing:

1. Fees are due in advance or according to the billing schedule presented at purchase.
2. Usage-based fees, communication fees, phone number fees, messaging fees, call fees, voicemail fees, carrier fees, integration fees, overage fees, and other variable charges may be billed in arrears.
3. Fees are non-refundable except as required by law or expressly stated in writing.
4. Customer authorizes XUNA AI and its payment processors to charge all applicable fees, taxes, and usage charges using Customer’s payment method on file.
5. Customer is responsible for all taxes, duties, levies, and governmental assessments, excluding taxes based on XUNA AI’s net income.
6. Failure to pay may result in suspension, termination, late fees, collection activity, and recovery of collection costs, including attorneys’ fees.

XUNA AI may change pricing, plans, usage rates, communication rates, and fees by posting updated pricing or providing notice. Updated pricing will apply as stated in the applicable notice, order form, or pricing page.

19. Subscription Renewal and Cancellation

Subscriptions renew automatically unless canceled before the end of the then-current subscription period, unless otherwise stated in a written agreement.

Customer is responsible for canceling subscriptions, removing paid resources, releasing phone numbers, disabling usage-based features, and terminating paid add-ons before renewal. Continued use after renewal will result in applicable charges.

Cancellation does not relieve Customer of payment obligations incurred before cancellation.

20. Beta, Trial, Pilot, and Evaluation Services

XUNA AI may offer beta, trial, pilot, experimental, pre-release, or evaluation Services. Such Services are provided “as is,” without warranties, service levels, support commitments, indemnities, or liability of any kind to the maximum extent permitted by law.

XUNA AI may modify, suspend, or discontinue beta, trial, pilot, experimental, pre-release, or evaluation Services at any time.

21. Service Availability and Support

XUNA AI will use commercially reasonable efforts to make the Services available, subject to maintenance, outages, third-party failures, carrier issues, telecommunications interruptions, platform restrictions, security incidents, force majeure events, and other circumstances beyond XUNA AI’s reasonable control.

Any specific uptime commitment, support response time, service credit, or service level must be set forth in a separate written SLA signed or accepted by XUNA AI.

22. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, INCLUDING ALL AI OUTPUT, COMMUNICATIONS, AUTOMATIONS, ANALYTICS, RECOMMENDATIONS, INTEGRATIONS, BETA FEATURES, TRIAL FEATURES, AND PROFESSIONAL SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

XUNA AI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT.

XUNA AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPLIANT WITH CUSTOMER’S LEGAL OBLIGATIONS, OR THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, APPROPRIATE, NON-INFRINGING, OR SUITABLE FOR CUSTOMER’S PURPOSES.

CUSTOMER IS SOLELY RESPONSIBLE FOR REVIEWING AND VALIDATING AI OUTPUT, COMMUNICATIONS, WORKFLOWS, CAMPAIGNS, AUTOMATIONS, AND DECISIONS MADE USING THE SERVICES.

23. High-Risk Use Disclaimer

The Services are not designed or intended for emergency services, life-safety systems, medical diagnosis, medical treatment, aviation, nuclear facilities, critical infrastructure, weapons systems, law enforcement decisions, credit eligibility decisions, employment eligibility decisions, housing eligibility decisions, or other high-risk uses where failure, delay, error, or inaccurate output could result in death, personal injury, severe financial harm, legal harm, or significant property damage.

Customer must not use the Services for high-risk uses unless expressly authorized in a separate written agreement with XUNA AI.

24. Indemnification by Customer

Customer will defend, indemnify, and hold harmless XUNA AI and its affiliates, officers, directors, employees, contractors, agents, licensors, vendors, and partners from and against any claims, demands, investigations, actions, damages, liabilities, fines, penalties, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

1. Customer’s use or misuse of the Services.
2. Customer Data.
3. Customer’s communications, calls, messages, ringless voicemail, campaigns, recordings, transcripts, automations, workflows, or CRM activities.
4. Customer’s violation of these Terms.
5. Customer’s violation of law, including TCPA, TSR, Do-Not-Call, privacy, call recording, wiretapping, consumer protection, marketing, messaging, AI disclosure, or telecommunications laws.
6. Customer’s failure to obtain required consents or honor opt-outs.
7. Customer’s use of AI voice, synthetic media, names, likenesses, or publicity rights.
8. Customer’s infringement or misappropriation of third-party rights.
9. Customer’s products, services, business operations, or interactions with end users.
10. Any regulatory investigation, carrier complaint, platform enforcement action, consumer complaint, or third-party claim relating to Customer’s use of the Services.

XUNA AI may participate in the defense of any claim with counsel of its choice. Customer may not settle any claim in a manner that imposes liability or obligations on XUNA AI without XUNA AI’s prior written consent.

25. Indemnification by XUNA AI

Subject to these Terms, XUNA AI will defend Customer against a third-party claim alleging that the Services, as provided by XUNA AI and used in accordance with these Terms, directly infringe a United States patent, copyright, or trademark, and will pay damages finally awarded against Customer or settlement amounts approved by XUNA AI.

XUNA AI has no obligation for claims arising from:

1. Customer Data.
2. AI Output.
3. Customer’s use of the Services in violation of these Terms.
4. Customer’s modifications, workflows, prompts, scripts, campaigns, or integrations.
5. Combination of the Services with products, services, data, or systems not provided by XUNA AI.
6. Use of an outdated version where a newer version would have avoided the claim.
7. Customer’s continued use after XUNA AI provides notice to stop.
8. Third-party services or open-source software.

If the Services become or may become subject to an infringement claim, XUNA AI may, at its option, procure the right for Customer to continue using the Services, modify the Services, replace the Services, or terminate the affected Services and provide a prorated refund of prepaid unused fees for the affected Services.

This section states Customer’s exclusive remedy and XUNA AI’s entire liability for intellectual property claims.

26. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XUNA AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST GOODWILL, LOST DATA, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR LOSS ARISING FROM AI OUTPUT, COMMUNICATIONS, CAMPAIGNS, CALLS, MESSAGES, VOICEMAILS, RECORDINGS, TRANSCRIPTS, INTEGRATIONS, THIRD-PARTY SERVICES, OR CUSTOMER’S BUSINESS DECISIONS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XUNA AI’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY CUSTOMER TO XUNA AI FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY, WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE, EVEN IF XUNA AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitations in this section do not limit Customer’s payment obligations, indemnification obligations, violation of intellectual property rights, breach of confidentiality obligations, or violation of the Acceptable Use Policy.

27. Confidentiality

Each party may receive non-public information from the other party that is marked confidential or should reasonably be understood to be confidential. The receiving party will use reasonable care to protect confidential information and will use it only to perform obligations or exercise rights under these Terms.

Confidential information does not include information that is publicly available, already known without restriction, independently developed without use of confidential information, or rightfully received from a third party without confidentiality obligations.

The receiving party may disclose confidential information where required by law, provided it gives reasonable notice where legally permitted.

28. Export Control and Sanctions

Customer represents and warrants that it is not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and is not listed on any restricted party list.

Customer must not use, export, re-export, transfer, or permit access to the Services in violation of U.S. export control laws, sanctions laws, or other applicable trade restrictions.

29. DMCA and Intellectual Property Complaints

XUNA AI respects intellectual property rights. If you believe content available through the Services infringes your copyright, you may send a notice containing:

1. A physical or electronic signature of the copyright owner or authorized representative.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the allegedly infringing material and information reasonably sufficient to locate it.
4. Your contact information.
5. A statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law.
6. A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.

Notices should be sent to: legal@xuna.ai

30. Suspension and Termination

XUNA AI may suspend or terminate Customer’s access to the Services immediately if:

1. Customer breaches these Terms.
2. Customer fails to pay amounts due.
3. Customer’s use creates legal, regulatory, security, reputational, platform, carrier, vendor, or operational risk.
4. Customer violates applicable law, carrier rules, platform policies, or the Acceptable Use Policy.
5. Customer’s account is compromised or suspected of unauthorized use.
6. XUNA AI is required to do so by law, court order, regulator, carrier, platform provider, or third-party provider.

Upon termination, Customer’s right to use the Services ends immediately. Customer remains responsible for all fees incurred before termination.

Sections that by their nature should survive termination will survive, including payment obligations, intellectual property, confidentiality, data usage rights, disclaimers, indemnification, limitations of liability, dispute resolution, and miscellaneous provisions.

31. Modifications to Terms

XUNA AI may update these Terms from time to time. Updated Terms will be posted on XUNA AI’s website or made available through the Services. Unless otherwise stated, updates are effective when posted.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.

32. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

33. Dispute Resolution

Before filing any lawsuit, the party seeking to bring a claim must provide written notice describing the dispute and allow the other party 60 days to attempt to resolve the dispute in good faith.

If the dispute is not resolved within 60 days, either party may bring an action in the state or federal courts located in Florida. Each party consents to the exclusive jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

Nothing in this section prevents either party from seeking injunctive or equitable relief for misuse of intellectual property, confidentiality breaches, unauthorized access, security violations, or misuse of the Services.

Before filing any lawsuit, the party seeking to bring a claim must provide written notice describing the dispute and allow the other party 60 days to attempt to resolve the dispute in good faith.

If the dispute is not resolved within 60 days, either party may bring an action in the state or federal courts located in Florida. Each party consents to the exclusive jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

Nothing in this section prevents either party from seeking injunctive or equitable relief for misuse of intellectual property, confidentiality breaches, unauthorized access, security violations, or misuse of the Services.

34. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER AND XUNA AI AGREE THAT ANY DISPUTE WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

35. Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER AND XUNA AI EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

36. Assignment

Customer may not assign or transfer these Terms or any rights or obligations under these Terms without XUNA AI’s prior written consent. XUNA AI may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, sale of assets, financing, or by operation of law.

37. Force Majeure

Neither party will be liable for delay or failure to perform due to events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, epidemics, pandemics, governmental actions, telecommunications failures, carrier failures, internet failures, cloud provider failures, power outages, cyberattacks, platform outages, or third-party service failures. This section does not excuse payment obligations.

38. Severability

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

39. No Waiver

Failure by XUNA AI to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by XUNA AI.

40. Order of Precedence

If there is a conflict between these Terms and an order form, statement of work, data processing agreement, business associate agreement, or other written agreement, the order of precedence will be:

1. Business associate agreement, if applicable.
2. Data processing agreement, if applicable.
3. Signed order form or statement of work.
4. These Terms.
5. Privacy Policy.
6. Documentation or website materials.

Any exception to these Terms must be expressly stated in a written agreement signed or accepted by XUNA AI.

41. Entire Agreement

These Terms, together with any referenced policies and applicable written agreements, constitute the entire agreement between Customer and XUNA AI regarding the Services and supersede all prior or contemporaneous agreements, communications, proposals, or understandings regarding the Services.

42. Contact Information

Questions about these Terms may be sent to: