Terms of Service

Updated: February 2025
This Terms of Service Agreement (“Agreement”) is entered into between Xaply AI (“Company”, “Xaply AI”, “us” and “our”) and the users (“User” or “you”) of Xaply AI.

Acceptance of Terms

By accessing or using our Site or the Services (as defined herein), you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement. Read these terms carefully, as your use of Xaply AI indicates to us that you have both read and agree to all terms. If you do not agree to these terms, do not use Xaply AI.

If you are using the Services, in whole or in part, on behalf of any business, organization, or other third party, then you hereby represent and warrant that (a) you have the full right, power, and authority to enter into this Agreement (“Authorized User”).

Description of the Services

Xaply AI is an AI scheduling agent that helps you coordinate and schedule meetings with other people. Xaply AI can be added to Gmail & WhatsApp messages to find mutual availability between you and another person or persons. These terms govern your use of the Services, including, but not limited to, the process in which your Invitees (as defined herein) may communicate directly with Xaply AI to book time on your calendar.

Definitions

This is a list of some commonly used terms throughout the Agreement and their meaning.

• Invitee: Any person who a User initiates a meeting with but is not a registered User of Xaply AI.
• Services: Any and all of the services we provide, including, but not limited to, scheduling services, account management, customer support, analytics, etc.
• Site: Any website, email, text, graphics, videos, and photographs that we make available to you through any of our website properties, apps, plug-ins, or APIs.
• User: Any registered user of Xaply AI.

Account Setup and User Registration

In order to use Xaply AI and access the Services, we require that you register on the Site and have a unique username and password combination (“User Credentials”) or create an account using one of our built-in integrations (such as Google) and provide certain additional information, which may include, without limitation, your email address, name, company name, date of birth, country of residence, zip code, physical address, telephone number(s), applicable payment data, and related information (collectively, a “User Account”). You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and update the accuracy of such information.

Data Privacy, Security & EU Users

Privacy Policy: By using the Services, you agree that you have reviewed our Privacy Policy (xaply.ai/privacy-policy/) and confirm that you understand and agree to the collection and use of personal and/or other Information collected by Xaply AI as outlined in the terms.

Data Security: Xaply AI takes all measures to protect your personal and sensitive data. In the case of any data breaches or other issues, we will immediately notify you regarding your account.

EU Users: If you are located in the European Economic Area, Switzerland, or the United Kingdom, the Data Processing Addendum applies and sets forth additional terms of the agreement related to the processing of personal data.

Pricing and Subscriptions

Paid Subscription: To access all features of Xaply AI, a paid subscription is required which can be purchased for a monthly fee as described on our pricing page. Users are responsible for paying the applicable fees for their chosen subscription plan in order to continue to access the Services.

Subscription Term and Renewal

Subscription Term: Paid subscriptions may be purchased on a monthly basis, and the term starts upon your initial payment and continues until canceled by you or us.

Automatic Renewal: Unless you cancel your subscription prior to the end of the current term, all paid subscriptions will automatically renew for subsequent terms of the same duration.

Payment and Refunds

Payment Authorization: By subscribing and providing your payment information, you authorize the Company to charge the applicable recurring fees for your chosen subscription plan, as detailed on our pricing page, including any applicable taxes and additional fees.

No Refunds: Except as otherwise stated in this Agreement, no refunds or credits will be granted.

Cancellation

Cancellation by User: Monthly and annual subscription Users may cancel their subscription at any time, and their subscription will be canceled at the end of the then-current term.

Cancellation by the Company: The Company reserves the right to terminate or suspend a User’s subscription in the event of a violation of this Agreement, such as non-payment, or for any other reason deemed necessary.

Changes to Pricing, Features, and Payment Terms

The Company may modify the pricing, available features, or payment terms for the Services at any time. Such changes will be communicated to you in advance, and your continued use of the Services after the price change constitutes acceptance of the terms.

Notices and Messages

By using the Services, you consent to receive emails from Xaply AI, including notifications about fees, charges, and transactional information. If you schedule a meeting as an Invitee, you consent to receive transactional emails and other messaging notifications related to the scheduled meeting. Electronic communication from Xaply AI satisfies legal requirements, and it’s your responsibility to keep your contact information up to date.

Prohibited Conduct

Users agree not to:

• Violate any terms of this agreement, any applicable laws, regulations, or third-party rights.
• Interfere with or disrupt the Services or its associated systems.
• Attempt to gain unauthorized access to any part of the Services.
• Copy, modify, distribute, reverse engineer, or attempt to derive the source code of the Services.
• Resell, broker, or create a competing service to any third party.
• Use bots, automated scripts, or any other form of automation to excessively or inappropriately access, utilize, or interact with the Services.

Licenses; Intellectual Property

Ownership: The Company retains all rights, title, and interest in and to the Services, including all intellectual property rights such as trademarks, and copyrights. This Agreement does not grant the User any ownership rights to the Services.

License: The Company grants the User a limited, non-exclusive, non-transferable license to use the Services for personal or internal business purposes, subject to the terms and conditions of this Agreement.

Third-Party Links

Xaply AI may contain links to third-party websites or services. We are not responsible for their content, security, or policies.

Disclaimers and Limitations of Liability

• No Warranties: The Services are provided “as is” without guarantees.
• Limitation of Liability: Xaply AI is not responsible for indirect, incidental, or consequential damages.

Dispute Resolution and Arbitration; Class Action Waiver

All disputes must first be addressed directly with Xaply AI. If unresolved, disputes will be settled through binding arbitration under JAMS rules. Users waive the right to class-action lawsuits.

Indemnification

Users agree to indemnify and hold harmless Xaply AI from claims, damages, and legal fees arising from their use of the Services or violations of this Agreement.

Age Restrictions

Users must be at least 18 years old to register and use the Services.

Assignment

Xaply AI may assign this Agreement at its discretion. Users may not assign their rights without prior consent.

Modifications

Xaply AI reserves the right to modify, suspend, or terminate this Agreement at any time. Users will be notified of significant changes.

Force Majeure

Xaply AI is not liable for failures or delays caused by circumstances beyond our control (e.g., natural disasters, government actions, strikes).

Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of New York. Disputes must be resolved in New York courts.

Severability

If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions remain in effect.

Entire Agreement

This Agreement constitutes the entire agreement between you and Xaply AI, superseding prior agreements.