Terms of Use

1. Scope and Contracting Entity

1.1 Scope

These Terms apply to your access to and use of the ximu website and SaaS platform.

1.2 Contracting Entity

The contracting parties under these Terms are:

• Service Provider ("We", "us"): VOCAL MIDDLE COMMUNICATIONS CONSULTANTS INC.
• Registered Address: 7F-10, No. 188, Section 5, Nanjing East Road, Songshan District, Taipei City, Taiwan
• Customer ("you"): Any business, organization, team, or its authorized representative using the Services for commercial or professional purposes.

1.3 Authority

If you register or use ximu on behalf of a company or organization, you represent and warrant that:

• You are authorized to bind such entity to these Terms; and
• These Terms will be binding on that entity.

2. Services and Functionality

2.1 Service Overview

ximu is an AI-driven GEO platform designed for enterprise users, helping brand and marketing teams:

• Monitor brand visibility across major AI models (e.g., mention rate, ranking position, content share)
• Analyze sentiment tendencies and risk signals in model-generated answers
• Track reference sources and semantic distributions
• Generate GEO strategy recommendations and content insights based on data analysis

The exact functionalities are subject to descriptions on our website, product interface, or the specific service agreement executed between the parties.

2.2 Service Changes

We may reasonably modify, update, or improve certain functionalities of the Services to enhance performance, fix issues, or comply with legal requirements. If such changes materially affect core features, pricing, or usage, we will provide notice via our website or email within a reasonable time.

2.3 Third-Party Services and Data Sources

Your use of ximu may involve integrations with or reliance on third-party services (e.g., cloud infrastructure providers, authentication providers, payment processors, LLM model providers, data source partners). Your use of such third-party services is governed by their respective terms and privacy policies. We are not responsible for their availability or actions but will exercise reasonable care in selecting such partners.

3. Account Registration and Security

3.1 Registration Information

To use the Services, you must create an account and provide accurate, complete, and up-to-date information (including but not limited to business email address and company details). You must update such information promptly to avoid disruption of Service access.

3.2 Account Security

You must safeguard your login credentials (including magic links and email verification codes) and not disclose them to third parties.

All activities conducted through your account will be deemed your actions or actions authorized by you.

If you suspect unauthorized use of your account, you must notify us immediately. We will assist in taking necessary security measures.

3.3 Eligibility and Restrictions

We reserve the right to refuse Services or suspend accounts where permitted by law, particularly if:

• Registration information is false, misleading, or fraudulent
• The account is used for illegal activities or violates these Terms
• There is clear abuse of trial programs or unfair exploitation of free resources

4. Customer Obligations and Prohibited Conduct

4.1 Lawful and Compliant Use

You agree to use the Services only for lawful purposes and in compliance with applicable laws, these Terms, and relevant policies. This includes:

• Not storing, transmitting, or processing unlawful, harmful, or rights-infringing content
• Not using the Services to evade regulation, spread misinformation, or conduct illegal activities

4.2 Prohibited Conduct

(including but not limited to):

• Reverse engineering, decompiling, or attempting to derive source code (except where permitted by applicable law)
• Attempting to bypass or compromise security measures, access controls, or usage limits
• Mass scraping, copying, or exporting platform-wide data for competing products or services
• Sharing accounts among multiple users outside the same team or organization
• Using the Services to provide commercial offerings substantially similar to ximu without written authorization

4.3 Remedies for Violations

If you violate these Terms, we may, upon reasonable notice where feasible:

• Temporarily restrict or suspend access to the Services
• Require corrective actions or content removal
• In severe cases, terminate the contract and pursue legal remedies

5. Fees, Subscriptions, and Payment

5.1 Subscription Plans and Pricing

We may offer various subscription plans (e.g., free trial, basic, advanced, enterprise). Features, pricing, and limits are as shown on our website, pricing schedule, or specific order form.

We may adjust pricing or subscription structures with advance notice. Changes take effect in the next billing cycle.

5.2 Billing and Payment

• Unless otherwise agreed, subscriptions are billed monthly or annually in advance
• Payment methods may include credit card, debit card, or third-party providers such as Stripe
• Payments processed through third-party providers are subject to their terms and privacy policies

5.3 Overdue Payments

If payment is overdue, we may:

• Charge lawful or contractually agreed late fees
• After reasonable reminders and a grace period, suspend or restrict access until payment is completed

5.4 Refund Policy

Except as required by law or expressly agreed in writing, fees for commenced billing periods are non-refundable (including early termination). For specific order inquiries, please contact us.

6. Intellectual Property and Data Ownership

6.1 Service IP

The ximu platform, underlying software, algorithms, UI/UX design, documentation, branding, trademarks, and all related intellectual property are owned by VOCAL MIDDLE COMMUNICATIONS CONSULTANTS INC. or its licensors.

Subject to payment of applicable fees and compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services for internal business purposes.

6.2 Customer Data and Analysis Results

• "Customer Data" refers to all data provided, uploaded, configured, or imported by you or your organization (e.g., brand data, competitor data, prompts).
• You retain all rights to Customer Data.
• You grant us a worldwide, non-exclusive, revocable license during the contract term to process Customer Data as necessary to provide the Services, ensure security, and improve the product.
• We may generate aggregated or anonymized statistical information from Customer Data and usage data, provided such information can no longer identify you, your organization, or any individual. All rights in such aggregated/anonymized data belong to us.

6.3 Feedback

If you submit any suggestions, ideas, or feedback, you grant us a worldwide, irrevocable, royalty-free right to use and improve upon such feedback without further obligation (to the extent permitted by law).

7. Data Protection and Privacy

We take data protection and privacy seriously. Please refer to our Privacy Policy, which forms an integral part of these Terms, for details on how we collect, use, and protect personal data. If any conflict arises between these Terms and the Privacy Policy regarding personal data, the Privacy Policy shall prevail.

8. Disclaimer of Warranties

8.1 "As Is" and "As Available"

To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis. We make no express or implied warranties that:

• The Services will meet all your expectations or specific business needs
• The Services will be uninterrupted, error-free, or fully secure at all times (especially where third-party failures, network issues, or force majeure events occur)
• The data or results obtained through the Services are fully accurate, complete, or suitable for your specific decisions

8.2 Third-Party Services and Content

Your use of third-party services, links, or content (including LLM-generated outputs) is subject to their respective terms. We are not responsible for their accuracy, legality, or availability but will exercise reasonable care in partner selection.

8.3 User Conduct

Statements, opinions, or actions arising from your use of the Services are your sole responsibility. We do not guarantee the accuracy of any identity you may claim.

9. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, consequential damages, lost profits, data loss, or business interruption
• For direct damages, our total liability is limited to the fees you paid in the most recent billing cycle prior to the event (unless otherwise required by law)
• These limitations do not apply to personal injury caused by our willful misconduct or gross negligence, or where liability cannot be excluded by law

If your violation of these Terms results in third-party claims, fines, or losses against us, you agree to indemnify us to the extent permitted by law.

10. Term and Termination

10.1 Effective Date and Term

These Terms take effect when you check "Agree" during registration or begin using the Services. The contract term aligns with your subscription plan or specific order (monthly, annual, or ongoing).

10.2 Ordinary Termination

• You may terminate by not renewing or canceling before the renewal date
• We may terminate ongoing or auto-renewing agreements with reasonable prior notice, effective at the end of the current billing cycle

10.3 Termination for Cause

Either party may terminate immediately if the other party materially breaches these Terms (e.g., long-term non-payment, misuse, illegal activities) and fails to cure within a reasonable period.

10.4 Post-Termination

Upon termination:

• We will suspend or restrict account access
• You should export required data before termination. Assistance with data export may incur reasonable fees
• Except where retention is legally required, we will delete or anonymize Customer Data within a reasonable period
• Provisions that should survive termination (e.g., IP, liability, confidentiality, governing law) will remain in effect

11. Governing Law and Dispute Resolution

These Terms and any disputes arising from or relating to them shall be governed by the laws of Hong Kong, excluding conflict-of-law rules.

Parties shall attempt to resolve disputes through friendly negotiations. If unresolved, either party may submit the dispute to the competent courts of Hong Kong, which shall have exclusive jurisdiction.

12. Amendments

We may update or amend these Terms from time to time to reflect Service changes or legal requirements.

• Minor changes or changes not affecting material rights will be notified via updated versions on the website
• Material changes (e.g., pricing, responsibilities, rights) will be communicated in advance via email or in-service notices

Continued use after the effective date constitutes acceptance of the updated Terms. If you do not agree, you may discontinue use and terminate your subscription.

13. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy and specific order forms, constitute the entire agreement between the parties
• Non-Assignment: You may not assign your rights without our written consent. We may assign within a business restructuring or affiliated entity with reasonable notice
• Severability: If any provision is held invalid, the remaining provisions remain effective
• Language: If multiple language versions exist, the English version shall prevail in the event of inconsistency