1. Acceptance of Terms
By accessing, using, purchasing, or registering for the Services, you agree to be bound by these Terms, our Privacy Policy, Acceptable Use Policy, Refund Policy, and any additional service agreement or order confirmation that may apply to your account.
If you do not agree with these Terms, you must not access or use the Services.
2. Description of Services
Xelnovia provides hosted infrastructure services on a subscription basis. The specific features, capacity, and functionality included with your account depend on the plan you select, as described on our website at the time of purchase.
We may add, modify, or discontinue features of the Services from time to time. We will make reasonable efforts to notify customers of material changes that affect active subscriptions.
3. Eligibility and Account Responsibility
You must be at least 18 years old, or the age of legal majority in your jurisdiction, and have the authority to enter into these Terms on behalf of yourself or the business you represent.
You are responsible for maintaining accurate account information, safeguarding your login credentials, and ensuring that all activity conducted through your account complies with these Terms. You remain responsible for actions taken by employees, contractors, or other authorized users operating under your account.
4. Fees and Payment
Fees for the Services are set out on our website or in your order confirmation at the time of purchase. Unless stated otherwise, subscriptions are billed in advance on a recurring monthly basis and renew automatically until cancelled.
Some plans may include usage-based components (for example, metered minutes or bandwidth) in addition to a base subscription fee. Usage beyond any included allowance is billed at the rate disclosed for that plan. Applicable taxes are added where required by law.
Failure to pay fees when due may result in suspension or termination of the Services as described in Section 9. Our Refund Policy governs eligibility for refunds and is incorporated into these Terms by reference.
5. Acceptable Use
The Services may only be used for lawful purposes. Our full Acceptable Use Policy, which is incorporated into these Terms by reference, sets out detailed rules governing use of the Services. Without limiting that policy, you agree not to use the Services to:
- Transmit unlawful, fraudulent, abusive, or deceptive content or communications
- Distribute malware, conduct unauthorized scanning, or otherwise compromise system security
- Send spam, unsolicited bulk messaging, or engage in phishing
- Infringe the intellectual property or other rights of any third party
- Interfere with the integrity or performance of our infrastructure or other customers' use of the Services
- Violate any applicable law, regulation, or third-party policy, including carrier or platform policies relevant to the Services you use
6. Customer Content and Responsibility
You are solely responsible for any content, data, configuration, or communications you create, upload, store, or transmit using the Services ("Customer Content"). You represent that you have all rights necessary to use and store Customer Content through the Services and that doing so does not violate any law or third-party right.
You are responsible for maintaining your own backup copies of Customer Content. While we take reasonable measures to protect data on our infrastructure, we do not guarantee against data loss and recommend customers keep independent backups of anything they cannot afford to lose.
7. Service Availability
We aim for high reliability and use commercially reasonable efforts to keep the Services available, but uninterrupted or error-free operation is not guaranteed. The Services may be unavailable from time to time due to:
- Scheduled or emergency maintenance
- Upstream provider, carrier, or third-party infrastructure outages
- Internet connectivity disruptions outside our control
- Security incidents or actions taken to protect the Services
- Force majeure events or other circumstances beyond our reasonable control
We will make reasonable efforts to provide advance notice of planned maintenance where practical.
8. Privacy and Data Use
Our collection, use, and handling of information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you acknowledge and agree to the practices described in our Privacy Policy.
9. Suspension and Termination
We may suspend or terminate your access to the Services, with or without prior notice, for reasons including:
- Violation of these Terms, our Acceptable Use Policy, or any incorporated policy
- Non-payment or failed billing
- Fraudulent, unlawful, or abusive activity
- Complaints from carriers, infrastructure providers, or regulators
- Conduct that we reasonably believe threatens the security, integrity, or availability of our infrastructure or other customers
You may cancel your subscription at any time as described in our Refund Policy. Certain provisions of these Terms — including those relating to liability, indemnification, and intellectual property — survive termination of your account.
10. Intellectual Property
All software, branding, infrastructure design, documentation, and related materials provided as part of the Services remain the property of Xelnovia or its licensors. No ownership rights are transferred to you through your use of the Services, except as expressly agreed in writing.
You retain ownership of your Customer Content, subject to the limited rights you grant us to host, process, and transmit it as necessary to provide the Services to you.
11. Third-Party Services
The Services may depend on or integrate with third-party providers, including cloud infrastructure vendors, telecommunications carriers, payment processors, and other external services. We are not responsible for outages, limitations, policy changes, or failures originating from third-party providers outside our direct control.
12. Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Xelnovia disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
13. Limitation of Liability
To the maximum extent permitted by applicable law, Xelnovia shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of revenue, profits, business opportunities, or data, arising from your use of the Services.
Our total liability arising out of or relating to the Services shall not exceed the amount you paid to us for the Services during the three months preceding the event giving rise to the claim.
14. Indemnification
You agree to defend, indemnify, and hold harmless Xelnovia, its affiliates, employees, and contractors from any claims, liabilities, damages, losses, and expenses arising from your use of the Services, your Customer Content, or your violation of these Terms or any applicable law.
15. Governing Law
These Terms are governed by applicable law without regard to conflict-of-law principles. Any disputes arising under these Terms shall be resolved in a manner consistent with applicable jurisdictional requirements.
16. Changes to These Terms
We may revise these Terms from time to time. Updated versions become effective upon publication on this page. Continued use of the Services after an update constitutes acceptance of the revised Terms.
17. Contact Information
Questions regarding these Terms may be directed to:
Xelnovia
Phone: +1 (313) 666-3124
Email: support@xelnovia.com