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Terms & conditions

Last updated: October 26, 2026

1. Agreement to terms

These Terms and Conditions ("Terms") govern your access to and use of the website located at xpflow.app and any related pages, forms, and content operated by XPFlow, Inc. ("XPFlow," "we," "us," or "our") (collectively, the "Site"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

These Terms apply to all visitors and users of the Site. Additional or separate terms govern any commercial relationship, product access, or paid services, as described in Section 3.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Site. By using the Site, you represent that you meet these requirements. If you use the Site on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

3. Scope, this is a website agreement only

The Site is an informational and marketing property. It describes XPFlow, its family of products (including Alfie, Chief of Chaos, the Advisory Council, and DataXP), and its capabilities.

Nothing on the Site constitutes an offer to provide services, a service level commitment, or a binding contract to deliver any product. Any access to the XPFlow platform, private AI environments, or any paid or trial service is governed exclusively by a separate written agreement, which may include a Master Services Agreement, Order Form, Data Processing Agreement, and product-specific terms. In the event of a conflict between these Terms and such a separate agreement with respect to the subject matter of that agreement, the separate agreement controls.

4. Informational content and forward-looking statements

Content on the Site, including descriptions of product capabilities, roadmap, partnerships, performance figures, and category positioning, is provided for general information. It may include forward-looking or aspirational statements about future functionality. Such statements are not commitments, guarantees, or warranties. We may change, suspend, or discontinue any aspect of the Site or the products it describes at any time without notice.

References to third-party platforms (including but not limited to Impact, Everflow, Awin, and Partnerize) and to technology partners (including Iterate.ai) are for descriptive purposes. They do not imply endorsement by, partnership with, or affiliation with those parties except where a partnership is expressly stated and independently documented.

5. Acceptable use

You agree not to:

  • Use the Site for any unlawful purpose or in violation of these Terms.
  • Attempt to gain unauthorized access to the Site, its servers, or any connected systems or networks.
  • Introduce malware, or interfere with or disrupt the integrity or performance of the Site.
  • Scrape, harvest, or collect information about other users, or scrape Site content by automated means except as permitted by our robots.txt or with our prior written consent.
  • Reverse engineer or attempt to derive source code from any part of the Site except to the extent this restriction is prohibited by applicable law.
  • Use the Site to transmit unsolicited communications, or to impersonate any person or entity.
  • Use any XPFlow content to train a machine learning or AI model without our express written permission.

We may investigate and take appropriate action, including restricting access, against anyone who violates this section.

6. Intellectual property

The Site and its contents, including text, graphics, logos, the XPFlow name and lockup, the Alfie and Chief of Chaos marks, design, layout, and all associated intellectual property, are owned by XPFlow, Inc. or its licensors and are protected by intellectual property laws. Except as expressly permitted, you may not copy, reproduce, distribute, republish, modify, or create derivative works from any Site content without our prior written consent.

Nothing in these Terms grants you any license or right to use any trademark, logo, or brand feature of XPFlow or its affiliates.

7. Third-party names and marks

Product and company names, logos, and marks other than those of XPFlow are the property of their respective owners. Their appearance on the Site does not indicate any relationship, sponsorship, or endorsement unless expressly stated.

8. Submissions and communications

If you submit information through a Site form (for example, a request for access, a contact inquiry, an investor or press inquiry, or an advisory council expression of interest), you represent that the information is accurate and that you have the right to provide it. Handling of personal information you submit is described in our Privacy Policy.

Any non-personal ideas, suggestions, or feedback you send us are provided on a non-confidential basis, and you grant us a perpetual, royalty-free license to use them without restriction or compensation.

9. Links to other sites

The Site may contain links to third-party websites. We do not control and are not responsible for the content, policies, or practices of any third-party site. Links do not imply endorsement. Your use of third-party sites is at your own risk and subject to their terms.

10. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it to understand how we collect and handle information.

11. Disclaimers

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, XPFLOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Site or its servers are free of harmful components. We make no warranty regarding the accuracy, completeness, or reliability of any content on the Site.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, XPFLOW AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE.

OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD 100) OR THE AMOUNT YOU PAID US TO USE THE SITE IN THE TWELVE MONTHS BEFORE THE CLAIM, WHICHEVER IS GREATER.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

13. Indemnification

You agree to indemnify and hold harmless XPFlow, Inc. and its affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Site or your violation of these Terms.

14. Products and services governed separately

For clarity, the XPFlow platform, Alfie, Chief of Chaos services, the Advisory Council program, DataXP, private AI environments, and any related automation or intelligence services are not provided under these Terms. They are governed by their own agreements. Any data processing, security, confidentiality, service level, or partnership commitment relating to those services lives in those agreements, not here.

15. Changes to these Terms

We may update these Terms from time to time. The updated version is indicated by the "Last updated" date and is effective when posted. Your continued use of the Site after changes take effect constitutes acceptance. For material changes, we will take reasonable steps to provide notice.

16. Governing law and dispute resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. You agree to the exclusive jurisdiction and venue of the courts located in Texas for any dispute.

17. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. These Terms, together with any separate agreement referenced here and the Privacy Policy, are the entire agreement between you and us regarding the Site. You may not assign these Terms without our consent; we may assign them freely.