Terms of Service

1. Company information

Xenqor Systems LLC is a limited liability company organized in the United States.

• Principal address: 1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110, USA
• Support: [email protected]
• Billing: [email protected]
• Website: https://xenqorsystems.com

2. Description of Services

Xenqor provides a B2B developer infrastructure platform for real-time incident alerting, monitoring-related APIs, webhook and channel delivery (including email, SMS where enabled, Slack, Discord, Telegram, and custom webhooks), dashboards, documentation, and related tooling. Features available to you depend on your selected plan and account configuration. We may modify, add, or discontinue features with reasonable notice where material to paying customers, except for urgent security or legal changes.

3. Eligibility and accounts

You represent that you are at least 18 years old, have legal capacity, and (if acting for a company) have authority to bind that company. You must provide accurate registration and billing information and keep it current. You are solely responsible for safeguarding passwords, API keys, session tokens, and 2FA credentials, and for all activity under your account. Notify us promptly of any suspected unauthorized access.

4. Plans, subscriptions, and free or trial access

A new account has no plan and no credits until you choose one. Paid plans (Starter, Developer, Growth, Business, and Enterprise Scale, or successor plans) are offered on a subscription basis as described on our pricing pages or a written order form. Credits, rate limits, and channel entitlements are plan-specific. Unused credits typically do not roll over unless we expressly state otherwise.

5. Fees, taxes, and payment processing

Fees are stated in United States dollars (USD) unless otherwise indicated and are exclusive of applicable taxes. You are responsible for sales, use, VAT/GST, or similar taxes where required, except taxes based on Xenqor’s net income.

Current path: paid upgrades and subscriptions may be fulfilled by invoice or other written arrangement with [email protected].

When online card billing is enabled (intended payment partner: Stripe, Inc. and its affiliates, subject to account approval), payments for subscriptions, upgrades, renewals, and eligible add-ons are processed by that partner. By providing a payment method, you authorize Xenqor (via the processor) to charge that method for amounts you agree to purchase. Card data is collected and processed by the processor; Xenqor does not store full payment card numbers on its servers. If a different processor is used, these Terms apply the same way to that processor.

When a paid subscription is active, it renews automatically at the end of each billing period until canceled under our Refund & Cancellation Policy. Failed or overdue payments may result in dunning notices, suspension of API access, or termination. Plan upgrades/downgrades take effect according to the rules shown at checkout, on an invoice, or in your billing dashboard (including proration when enabled).

6. Acceptable use

You agree not to misuse the Services. Without limitation, you may not:

• Send unlawful, harmful, deceptive, harassing, or fraudulent content through any channel
• Use the Services to spam, phish, spoof brands, or send unsolicited bulk messages
• Violate anti-spam, telemarketing, TCPA, CAN-SPAM, GDPR ePrivacy, or similar rules when routing alerts to end recipients
• Use the Services for illegal gambling, adult sexual content distribution, weapons trafficking, or other unlawful commerce
• Attempt unauthorized access to Xenqor systems, other customers’ data, or third-party services
• Probe, scan, or overload the Services beyond fair-use and published rate limits
• Resell, white-label, or sublicense the Services without our prior written consent
• Use the Services for high-risk activities where failure could cause death, personal injury, or severe environmental damage as a sole safety system
• Upload malware or interfere with Service integrity or security

We may investigate violations and suspend or terminate accounts to protect the platform, customers, or third parties.

7. Customer content and alert payloads

You retain ownership of content you submit to the Services (including alert messages, metadata, webhook URLs, and channel destinations) (“Customer Content”). You grant Xenqor a worldwide, non-exclusive license to host, process, transmit, and display Customer Content solely to provide, secure, troubleshoot, and improve the Services. You represent that you have all rights needed to submit Customer Content and that it does not infringe third-party rights or applicable law. Do not include unnecessary sensitive personal data in alert bodies.

8. Third-party services and channels

The Services may integrate with third-party platforms (for example Stripe, email/SMS carriers, Slack, Discord, Telegram, or your webhook receivers). Your use of those platforms is governed by their terms. Xenqor is not responsible for third-party outages, delivery failures outside our control, or your misconfiguration of destinations.

9. Service levels and support

Any availability targets or support response goals for Enterprise Scale customers apply only when stated in a signed order form or written SLA. Unless an express written SLA states otherwise, remedies for downtime are limited to those documented credits (if any). Scheduled maintenance, beta features, third-party failures, and force majeure are excluded from SLA calculations. Marketing statements about latency or availability are design goals, not warranties.

10. Intellectual property

Xenqor and its licensors own all right, title, and interest in the Services, software, APIs, documentation, logos, and branding. Except for the limited right to use the Services under these Terms, no license is granted. Feedback you provide may be used by Xenqor without obligation to you.

11. Confidentiality

Each party will protect the other’s non-public information with reasonable care and use it only to perform under these Terms. Confidentiality obligations do not apply to information that is public, independently developed, or rightfully received from a third party without duty of confidentiality.

12. Privacy

Our collection and use of personal information is described in the Privacy Policy, which is incorporated by reference. Payment data is handled in accordance with Stripe’s privacy and security practices and applicable card network rules.

13. Disclaimer of warranties

Except as expressly stated in a written SLA or order form, the Services are provided “as is” and “as available.” To the maximum extent permitted by law, Xenqor disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted or error-free operation, or that alerts will always be delivered within a specific latency under all network conditions.

14. Limitation of liability

To the maximum extent permitted by law: (a) Xenqor will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenue, goodwill, or data, even if advised of the possibility; and (b) Xenqor’s aggregate liability arising out of or related to the Services or these Terms will not exceed the amounts you paid to Xenqor for the Services in the twelve (12) months before the event giving rise to liability. Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted.

15. Indemnification

You will defend, indemnify, and hold harmless Xenqor and its officers, directors, employees, and agents from and against claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your Customer Content or alert destinations; (b) your violation of these Terms or law; or (c) your misuse of the Services.

16. Suspension and termination

You may cancel as described in the Refund & Cancellation Policy. We may suspend or terminate access for non-payment, legal risk, security incidents, or material breach. Upon termination, your right to use the Services ends. We may retain records as required by law, tax, fraud prevention, or legitimate business needs as described in the Privacy Policy.

17. Export and sanctions

You may not use the Services in violation of U.S. export control or sanctions laws. You represent that you are not located in a sanctioned jurisdiction and are not a prohibited party.

18. Governing law and disputes

These Terms are governed by the laws of the State of New Mexico, USA, without regard to conflict-of-law rules. Exclusive venue for disputes is the state or federal courts in Bernalillo County, New Mexico, unless applicable law requires otherwise. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date will change when we post revisions. For material changes affecting paid customers, we will provide reasonable notice (for example by email or dashboard notice) where practicable. Continued use after the effective date constitutes acceptance.

20. General

These Terms are the entire agreement regarding the Services and supersede prior agreements on the same subject, except a signed enterprise order form which prevails on conflicting commercial terms. If any provision is unenforceable, the remainder stays in effect. You may not assign these Terms without our consent; we may assign to an affiliate or successor. Failure to enforce a provision is not a waiver. Notices may be sent to your account email and to the addresses in Section 1.

21. Contact

Legal or terms questions: [email protected] · Billing: [email protected] · Contact form.