Terms of Service

By accessing or using Xylence's services, website, or applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

These Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity) and Xylence Inc. ("Xylence," "we," "us," or "our").

We reserve the right to modify these Terms at any time. We will notify you of any changes by updating the "Last Updated" date at the top of this page. Your continued use of the Services after such modifications constitutes your acceptance of the revised Terms.

To use our Services, you must:

• Be at least 18 years of age
• Be an accredited investor or represent an institutional investor (venture capital firm, family office, or similar entity)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable law

By using our Services, you represent and warrant that you meet all eligibility requirements.

To access certain features of our Services, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, not current, or incomplete.

Xylence provides a predictive intelligence platform for venture capital investors. Our Services include:

• PULSE: Data ingestion and startup analysis
• WHISPER: Predictive scoring and success probability modeling
• ECHO: Founder feedback collection and model training
• SOUNDBOARD: Natural language queries and analytics
• XAILENCE: Explainable AI and transparent predictions

Our Services are provided "as is" and are intended to assist, not replace, your investment decision-making process. Xylence does not provide investment advice, and our predictions should not be construed as recommendations to invest or not invest in any particular company.

Access to our Services requires a paid subscription. By subscribing, you agree to:

• Pay all applicable fees as described in your subscription plan
• Provide valid payment information and authorize us to charge your payment method
• Pay any applicable taxes associated with your subscription

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. All fees are non-refundable except as expressly set forth in these Terms or required by law.

We reserve the right to change our pricing at any time. Price changes will take effect at the start of your next billing cycle following notice of the change.

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

You retain ownership of all data you upload to our platform ("Your Data"). By uploading data, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and analyze Your Data solely for the purpose of providing and improving our Services.

We implement industry-standard security measures to protect Your Data. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, algorithms, and software, are the exclusive property of Xylence and are protected by intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your internal business purposes.

You may not:

• Copy, modify, or distribute our Services or any part thereof
• Reverse engineer, decompile, or disassemble our software
• Remove any proprietary notices from our Services
• Use our Services to develop a competing product

You agree not to:

• Use our Services for any unlawful purpose or in violation of any applicable law
• Upload any content that is defamatory, obscene, or infringes on third-party rights
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our Services
• Use automated means to access our Services without our written consent
• Share your account credentials with third parties
• Resell or redistribute our Services without authorization

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• Our Services will be uninterrupted, timely, secure, or error-free
• The results obtained from our Services will be accurate or reliable
• Any predictions or analyses will result in successful investments
• Any defects in our Services will be corrected

Investment decisions based on our Services are made at your own risk. Past performance is not indicative of future results.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XYLENCE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or goodwill
• Investment losses based on our predictions or analyses
• Cost of procurement of substitute services

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend, and hold harmless Xylence and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any data you upload to our platform

Either party may terminate this agreement at any time for any reason. Upon termination:

• Your right to access and use our Services will immediately cease
• You must pay any outstanding fees owed
• We may delete Your Data after a reasonable retention period
• Provisions that by their nature should survive termination will remain in effect

We reserve the right to suspend or terminate your access to our Services immediately, without prior notice, if we believe you have violated these Terms.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of our Services shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Xylence regarding your use of our Services.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

If you have any questions about these Terms, please contact us at:

Xylence Inc.
Email: legal@xylence.ai
Address: Mexico City, Mexico