Terms of Use | XOi

XOi Terms of Use Overview

These Terms of Use govern access to and use of the XOi platform, applications, and related services. By executing an order or using the XOi platform, customers agree to comply with the terms outlined in the agreement.

The agreement applies to:

Key Definitions

The agreement defines several important terms used throughout the document.

Customer Data

Customer-owned information, documents, media, and electronic files uploaded or accessed through the XOi platform.

Resultant Data

Aggregated, anonymized, or de-identified information derived from platform usage and analytics.

Users

Authorized employees, contractors, consultants, or agents permitted to access the platform on behalf of a customer organization.

XOi Platform

XOi’s proprietary cloud-hosted platform, including related mobile applications, APIs, tools, updates, and associated technologies.

Services and Subscription Access

XOi grants customers a limited, non-exclusive, non-transferable license to access and use the platform for internal business purposes only.

Services may include:

The agreement also notes that:

Platform Support and Service Levels

XOi provides support during standard business hours:

The company also maintains uptime and support commitments through its Service Level Agreement (SLA).

Uptime Commitment

XOi commits to maintaining:

If uptime falls below the agreed threshold, customers may receive:

Support Priority Levels

Support requests are categorized by severity:

Response times range from:

Intellectual Property and Ownership

Customer Ownership

Customers retain ownership of all Customer Data uploaded to the platform.

XOi Ownership

XOi retains ownership of:

Restrictions on Platform Usage

Customers and users may not:

Violations may result in suspension or termination of services.

Subscription Fees and Billing

Subscription fees and contract durations are defined within customer order forms.

Billing terms may include:

The agreement also allows XOi to validate customer asset counts when pricing is tied to Assets Under Management (AUM).

Term and Renewal

Unless terminated earlier:

Annual renewal increases for existing services are capped at:

Termination Rights

Either party may terminate the agreement for:

Following termination:

After the 30-day period, XOi may permanently delete Customer Data unless legally required to retain it.

Confidentiality

Both parties agree to protect confidential information shared during the relationship.

Confidential information may only be used for purposes related to the agreement and must be protected using reasonable care. These obligations survive termination for three years, except for trade secrets, which remain protected indefinitely while qualifying as trade secrets under applicable law.

Data Privacy and Security

The agreement incorporates a Data Processing Addendum (DPA) covering:

Security Measures

XOi states it maintains:

Security Breach Notifications

XOi agrees to notify customers of qualifying security breaches within:

Acceptable Use Policy

The Terms of Use include an Acceptable Use Policy outlining prohibited behavior.

Users may not:

Accounts violating these restrictions may be suspended or terminated immediately.

Marketing and Promotional Rights

Customers agree that XOi may publicly identify them as customers and use:

In accordance with customer branding guidelines where applicable.

Warranty Disclaimer and Limitation of Liability

Except as specifically stated in the agreement:

The agreement also limits liability for:

Total liability is generally capped at fees paid during the preceding 12-month period.

Governing Law

The agreement is governed by the laws of the State of Tennessee.

Any disputes must be resolved in courts located in: