Terms of Service

1. Acceptance of Terms

By accessing or using Xenbird services, you agree to these Terms. If you use services on behalf of a business, you represent that you are authorized to bind that entity.

2. Service Scope

Xenbird may provide ecommerce engine launches, subscription-based support, custom development projects, implementation consulting, integration assistance, and related technical services.

Exact deliverables, timelines, and fees are defined in proposals, order forms, statements of work, or signed commercial agreements.

3. Client Responsibilities

You agree to provide accurate requirements, timely approvals, authorized access credentials, compliant content, and lawful data. Delays in dependencies or approvals may affect delivery schedules.

4. Fees and Payments

Service fees, billing cycles, and payment terms are specified in commercial agreements. Unless otherwise agreed, invoices are due on receipt and may incur suspension or late charges if unpaid.

Taxes, duties, and third-party charges are your responsibility unless expressly included in writing.

5. Intellectual Property and Licensing

Xenbird retains rights to pre-existing materials, frameworks, tooling, and general know-how. Client-specific deliverables and IP transfer terms are governed by the signed project contract.

You grant Xenbird a limited right to use your trademarks and assets only as needed to deliver contracted services.

6. Acceptable Use

You may not use Xenbird services for unlawful activity, security abuse, malware distribution, rights infringement, fraudulent transactions, or any activity that compromises infrastructure or other users.

7. Confidentiality and Data Handling

Each party agrees to protect confidential information disclosed in connection with services. Data handling practices are further detailed in the Xenbird Privacy Policy and project agreements.

8. Warranties and Disclaimers

Xenbird provides services using commercially reasonable skill and care. Except where explicitly stated in writing, services are provided on an as-available basis, and all implied warranties are disclaimed to the maximum extent permitted by law.

9. Limitation of Liability

To the maximum extent allowed by law, Xenbird is not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption.

Aggregate liability related to services is limited to fees paid to Xenbird for the relevant service period, unless a separate written agreement provides otherwise.

10. Term and Termination

Service terms continue as specified in your agreement. Either party may terminate for material breach if uncured within a reasonable notice period, or as otherwise described in contract documents.

11. Governing Law

These Terms are governed by applicable laws specified in your executed commercial agreement. If no agreement exists, applicable default jurisdiction is determined by Xenbird's principal place of business.

12. Changes to Terms

Xenbird may revise these Terms from time to time. Updated terms are posted on this page and become effective on the published date.

13. Contact

For legal questions regarding these Terms:

Xenbird Legal Team
Email: legal@xenbird.com