Terms of Service

1. Agreement

These terms are an agreement between you and Xybernetex Systems LLC, a Utah limited liability company ("Xybernetex", "we", "us") for your use of xybernetex.com and app.xybernetex.com (the "Service"). If you use the Service for an organisation, you agree for that organisation and confirm you're allowed to. In that case, "you" includes the organisation. If you don't agree, don't use the Service. Our Privacy Policy explains how we handle personal information.

2. Early access

Anyone can create an account while we develop the Service. Each account has a daily allowance for AI features, and AI features may also pause for everyone when a shared daily limit is reached; everything else keeps working. We may change these limits, and we may suspend accounts that misuse the Service. Features may change, appear or go away, and it may sometimes be unavailable. We don't currently promise any particular uptime. The Service is free during early access. If we introduce fees, we'll tell you in advance, and you'll be able to decide whether to continue before you're charged.

3. Your account

• You must be at least 18 and able to enter into a contract.
• You sign in with your email address. Keep access to that email secure: anyone who can read it can sign in as you.
• Give accurate information, especially your name, because it appears on the decisions you propose, declare and sign.
• You're responsible for what happens under your account. Tell us at once at chris@xybernetex.com if you think someone else has used it.

4. Your content

"Your content" is what you put into the Service: decisions, writing, files, numbers, people's details, declarations and sign-offs. You keep all rights to it.

You give us permission to host, copy, process and transmit your content only as needed to provide and secure the Service for you. This includes sending it to our service providers, such as our AI provider, as described in the Privacy Policy. We don't use your content to train AI models, and we don't use it for any other purpose without your permission.

You're responsible for your content. You confirm you have the right to upload it, including other parties' proposals and documents, and to name people on decisions and invite them. You're also responsible for meeting any confidentiality obligations that apply to it.

5. Acceptable use

Don't:

• break the law, infringe others' rights, or upload content you have no right to share;
• try to get into accounts, decisions or systems you aren't authorised to access, or probe, scan or test the Service's security without our written permission;
• interfere with the Service: overloading it, getting around its limits, or using automated means to access it, except through an API we provide for that;
• use the Service to harass anyone, or put people's information into it without a lawful reason;
• misrepresent who you are, or sign, declare or approve on someone else's behalf without their authority;
• copy, resell or reverse engineer the Service, except where the law allows despite this restriction.

6. What Xybernetex is, and isn't

Xybernetex helps you structure and analyse decisions. AI models draft the structure and extract numbers; you review and approve them; our code does the calculations.

• AI output can be wrong. Drafts, extracted figures, research summaries and analyses can be inaccurate or incomplete, even when they quote a source. Check anything that matters.
• It isn't professional advice. Nothing in the Service is legal, financial, investment, tax, accounting, medical or other professional advice. Get qualified advice where you need it.
• You decide. You're solely responsible for your decisions, for how you use the Service's output, and for the consequences.
• The record shows integrity, not truth. Sealing, the audit trail and evidence packs let anyone check that a record wasn't altered after the fact. They don't certify that what it contains is true, complete or compliant with any law or rule. They don't replace your own governance, procurement or record-keeping obligations.

7. Our intellectual property

The Service, including its software, design and documentation, belongs to us and our licensors. These terms don't give you any rights in it except the right to use the Service under these terms. If you send us feedback, we may use it freely without any obligation to you.

8. Third-party services

The Service relies on third parties, such as hosting, email, AI and web search providers, and may link to other websites. We aren't responsible for third-party services or websites, and your use of them may be governed by their own terms.

9. Suspension and ending

You can stop using the Service at any time and ask us to delete your account. We may suspend or end your access if you break these terms, if your use creates a risk for us or others, if the law requires it, or if we stop offering the Service. Where reasonable, we'll give notice and a chance to export your content first. Sections 4 (your responsibility for content), 6, 7 and 10 to 14 continue after your access ends.

10. Disclaimer

To the extent the law allows, the Service is provided "as is" and "as available", without warranties of any kind, express or implied. That includes warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We don't promise that the Service will be uninterrupted, error-free or secure, or that its output will be accurate or suitable for your purposes.

11. Limitation of liability

To the extent the law allows:

• we won't be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business opportunities, arising from these terms or the Service. This includes losses from decisions made with the Service.
• our total liability for all claims relating to these terms or the Service is limited to the greater of the amount you paid us for the Service in the 12 months before the claim, and US $100.

Some places don't allow these exclusions or limits, so some of them may not apply to you. Nothing in these terms limits liability that can't be limited by law.

12. Indemnity

If someone brings a claim against us arising from your content, or from your breach of these terms or the law, you'll cover our reasonable costs and losses from that claim.

13. Governing law and disputes

These terms are governed by the laws of the State of Utah, USA, without regard to its conflict-of-laws rules. Disputes go to the state courts located in Weber County, Utah, or the United States District Court for the District of Utah, and you and we both consent to their jurisdiction. If you're a consumer in a country whose law gives you the right to bring a claim in your local courts, or gives you other mandatory protections, these terms don't take those rights away.

14. General

• Changes: we may update these terms. We'll post the new version here with a new date, and email account holders about significant changes before they take effect. If you keep using the Service after that, the new terms apply.
• Entire agreement: these terms and the Privacy Policy are the whole agreement between us about the Service, unless we've signed a separate written agreement with your organisation, which takes priority.
• Severability: if any part of these terms can't be enforced, the rest still applies.
• No waiver: if we don't enforce a term, we can still enforce it later.
• Assignment: you can't transfer these terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.

15. Contact

Xybernetex Systems LLC
2427 Jefferson Ave, Apt C104
Ogden, UT 84401, USA
chris@xybernetex.com