Terms of Service

Welcome to Xusmo. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Xusmo ("we," "our," or "us") governing your access to and use of the Xusmo website at xusmo.ai, the AI-powered website builder, managed WordPress hosting, and all related services (collectively, the "Services").

By creating an account, using our Services, or clicking "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Services.

You represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are using the Services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

To access certain features of the Services, you must create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information during the registration process and keep your account information up to date.
• Maintain the security and confidentiality of your login credentials, including your password.
• Immediately notify us of any unauthorized access to or use of your account.
• Accept responsibility for all activities that occur under your account, whether or not authorized by you.

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that your account has been compromised.

You may create an account using email and password or through supported third-party authentication providers (such as Google). Use of third-party authentication is also subject to the applicable provider's terms of service.

Xusmo provides a FREE website build using our AI-powered interview and generation system. The free website build includes:

• A guided AI interview to gather information about your business, industry, services, and branding preferences.
• Automated generation of a complete website blueprint including page layouts, written content, color schemes, and design elements tailored to your business.
• A preview of your generated website that you can review and approve before committing to a hosting subscription.

The free website build does not include hosting, a custom domain, or a publicly accessible website. To make your AI-generated website live on the internet, you must subscribe to one of our hosting plans as described in Section 4.

We reserve the right to limit the number of free website builds per account or IP address to prevent abuse. Website blueprints generated through the free build are stored for 90 days, after which they may be deleted if no hosting subscription is activated.

Xusmo offers managed WordPress hosting to make your AI-generated website live on the internet. Our service model is:

4.1 Subscription Plans

We offer multiple subscription tiers (Basic, Pro, and Agency) with varying features, page limits, and support levels. Current pricing and feature details are available on our Pricing page. The Basic plan begins at $11.99 per month when billed monthly. Annual billing is available at a discounted rate and includes a free custom domain for the first year.

4.2 Billing and Payment

• Subscriptions are billed in advance on a monthly or annual recurring basis depending on the billing cycle you select at checkout.
• All prices are listed in United States Dollars (USD) and are exclusive of applicable taxes, which will be added at checkout where required by law.
• Payment is processed securely through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis for the applicable subscription fees until you cancel.
• If a payment fails, we will attempt to charge your payment method up to three additional times over a 14-day period. If all attempts fail, your subscription may be suspended.

4.3 Price Changes

We reserve the right to modify our pricing at any time. Price changes for existing subscribers will take effect at the start of the next billing cycle following at least 30 days' written notice. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.

5.1 Cancellation by You

You may cancel your hosting subscription at any time through your account portal or by contacting our support team. Upon cancellation:

• Your subscription will remain active until the end of your current billing period. You will not be charged for subsequent billing periods.
• Your website will remain live and accessible until the end of the paid billing period.
• After the billing period ends, your website will be taken offline and moved to a suspended state. You will have 30 days to reactivate your subscription or export your data before it is permanently deleted.

5.2 Cancellation by Us

We reserve the right to suspend or terminate your subscription and access to the Services at any time if you violate these Terms, engage in Prohibited Conduct (Section 9), fail to pay subscription fees, or for any other reason at our sole discretion with reasonable notice. In the event of termination by us without cause, we will provide a pro-rata refund for any prepaid, unused subscription period.

5.3 Refund Policy

Monthly subscriptions are generally non-refundable. Annual subscriptions are eligible for a pro-rata refund if cancelled within the first 30 days of the subscription term. After 30 days, annual subscriptions are non-refundable but will remain active until the end of the annual term. Refund requests should be submitted to billing@xusmo.ai.

We believe you should own your data. The following ownership principles apply:

• Your Content: You retain full ownership of all content you provide to us, including but not limited to business information, text, images, logos, and other media uploaded during the interview process or added to your website after generation.
• AI-Generated Content: All website content generated by our AI system specifically for your website (including written copy, layout configurations, and design choices) is assigned to you upon generation. You own this content and may use, modify, distribute, or delete it as you see fit.
• Website Data: All data stored within your WordPress installation, including posts, pages, media, database records, and configuration files, belongs to you.
• License to Xusmo: By using our Services, you grant us a limited, non-exclusive, royalty-free license to host, store, transmit, display, and process your content solely for the purpose of providing the Services to you. This license terminates when you delete your content or close your account.

We are committed to ensuring you are never locked into our platform. You have the following export rights:

• Full WordPress Export: At any time during your active subscription, you may export your complete WordPress website using the standard WordPress export tools available in your admin dashboard. This includes all pages, posts, media files, comments, and metadata.
• Database Backup: You may request a complete copy of your WordPress database at any time through your account portal or by contacting support.
• File Download: You may download all files associated with your website, including themes, plugins, media uploads, and configuration files.
• Post-Cancellation Export: After cancellation, you have a 30-day grace period during which you can still access your admin dashboard and export your data. After this grace period, your data will be permanently deleted.
• Migration Assistance: While we do not provide direct migration services, your exported WordPress data is compatible with any standard WordPress hosting provider, enabling you to move your website to another host at any time.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services to:

8.1 Prohibited Content

• Host, display, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Host content that infringes upon the intellectual property rights, trademarks, trade secrets, or other proprietary rights of any third party.
• Host content that promotes discrimination, bigotry, racism, hatred, or harm against any individual or group.
• Host phishing pages, malware, or any content designed to deceive or defraud others.
• Host content that violates any applicable law, regulation, or governmental order.

8.2 Prohibited Conduct

• Attempt to gain unauthorized access to the Services, other accounts, or computer systems or networks connected to the Services.
• Use the Services to send spam, unsolicited commercial communications, or bulk messages.
• Use the Services for cryptocurrency mining or other resource-intensive activities that impair server performance.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of Xusmo's proprietary software or AI systems.
• Use automated tools, bots, or scripts to access the Services in a manner that exceeds reasonable usage or circumvents rate limits.
• Resell, sublicense, or redistribute the Services without our prior written consent (except under the Agency plan's white-label provisions).
• Interfere with or disrupt the integrity or performance of the Services or the servers and networks that host them.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without notice or refund.

9.1 Xusmo's Intellectual Property

The Services, including but not limited to the Xusmo platform, AI algorithms, website templates, design systems, interview engine, software code, user interface, documentation, trademarks, logos, and all associated intellectual property, are and shall remain the exclusive property of Xusmo and its licensors. These Terms do not grant you any right, title, or interest in our intellectual property except for the limited right to use the Services as expressly permitted by these Terms.

9.2 WordPress and Open Source

Your hosted website is built on WordPress, which is open-source software licensed under the GNU General Public License (GPL) version 2. Your use of WordPress is subject to the GPL. Third-party plugins and themes installed on your website are subject to their respective licenses.

9.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us an irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and incorporate such Feedback into the Services without any obligation to you.

10.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

10.2 AI-Generated Content Disclaimer

While we strive for accuracy, AI-generated content may contain errors, inaccuracies, or omissions. You are solely responsible for reviewing, verifying, and editing all AI-generated content before publishing it on your website. Xusmo is not liable for any claims, damages, or losses arising from the use of AI-generated content, including but not limited to inaccuracies, copyright concerns, or misrepresentation of your business.

10.3 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XUSMO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

10.4 Uptime

We target 99.9% uptime for hosted websites but do not guarantee uninterrupted service. Scheduled maintenance windows will be communicated in advance when possible. We are not liable for any downtime or data loss resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, cyberattacks, or third-party service failures.

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

• Your use of the Services or any violation of these Terms.
• Any content you provide, publish, or make available through the Services.
• Your violation of any third-party rights, including intellectual property rights.
• Your violation of any applicable law, rule, or regulation.
• Any data collected from visitors to your hosted website and your handling of that data.

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page.
• Provide notice through the Services (e.g., a banner or notification in your account portal) or via email to the address associated with your account.
• For material changes that adversely affect your rights, provide at least 30 days' notice before the changes take effect.

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and cancel your subscription.

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 dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation between the parties for a period of 30 days. If the dispute cannot be resolved through negotiation, either party may submit the dispute to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against Xusmo.

• Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and Xusmo concerning the Services.
• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, or failures of third-party services.
• Notices: We may provide notices to you by email, through the Services, or by posting on our website. Notices to us should be sent to legal@xusmo.ai.

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