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xf.app Platform Terms of Service

Last Updated: May 15, 2026

These Platform Terms of Service (“Terms”) govern your access to and use of the software platform and related managed services (collectively, the “Platform”) provided by Experience Futures Holdings LLC (“we,” “us,” or “our”). By executing a Statement of Work (“SOW”) that references these Terms, or by accessing or using the Platform, you (“Client”) agree to be bound by these Terms and our Privacy Policy.

These Terms govern the Platform and managed services only. They are independent of and operate separately from any other agreement between the parties, including but not limited to any Master Services Agreement or consulting engagement. To the extent any issue arises that relates to the Platform or the services described herein, these Terms shall govern, regardless of the terms of any other agreement between the parties.

Public marketing website (xf.app)

If you only browse or use the public marketing pages at xf.app (for example, informational content, contact or demo request forms, or password-gated marketing demo pages) and you are not a Client under a Statement of Work, these Terms do not treat you as a “Client.” Your use of those pages is governed by applicable law and our Privacy Policy, including how we use web analytics and optional mailing list sign-up. Do not misuse forms, attempt to access non-public areas without authorization, or use automated means to scrape or overload the site.

The remainder of these Terms applies to Clients and others who access or use the Platform under an applicable SOW or similar agreement.

1. The Platform & Services

1.1. Description. The Platform is a managed, hosted application environment designed to integrate Client-provided APIs, data sources, and third-party services into unified front-end experiences for Client’s end-users. The Platform functions as a wiring and orchestration layer — connecting APIs, databases, retrieval-augmented generation (RAG) systems, and other services as specified in the applicable SOW.

1.2. Infrastructure. The Platform is hosted on shared cloud infrastructure maintained by us. We implement security controls aligned with SOC 2 standards, including multi-factor authentication and encryption in transit and at rest. Where requested and negotiated by the Client, we may deploy the Platform on private infrastructure or the Client’s own infrastructure; such arrangements will be documented in a separate SOW or addendum and may be subject to additional fees.

1.3. Availability. We will use commercially reasonable efforts to make the Platform available, but we are not liable for any downtime or service interruptions, including those caused by third-party hosting providers, Client-provided APIs, or other factors beyond our control.

2. Intellectual Property

2.1. Our IP. We own all right, title, and interest in and to the Platform and all of our underlying intellectual property, including our software, architecture, and methodologies (“Consultant Property”). We grant you a non-exclusive, non-transferable, revocable license to access and use the Platform during the term of your SOW.

2.2. Your IP. You own all right, title, and interest in and to any data, content, or materials you provide to the Platform (“Client Data”), including your own APIs and any intellectual property you owned prior to or independently of these Terms. Any front-end code or workflows developed exclusively for you (“Client-Specific Configuration”) will be transferred to you upon full payment and termination of the applicable SOW. For clarity, the Client-Specific Configuration is distinct from the underlying Platform and may not function independently without a compatible hosting environment.

3. Data, Privacy, and Compliance

3.1. Client Responsibilities. You are solely responsible for:

  1. The accuracy, quality, and legality of all Client Data and any content generated by your end-users (“User-Generated Content”).
  2. Ensuring your use of the Platform complies with all applicable laws and regulations. This includes, without limitation, the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Health Insurance Portability and Accountability Act (HIPAA), and any other industry-specific or jurisdictional requirements applicable to your business. Except where specific compliance obligations are expressly assumed by us in a SOW or a separate written agreement, all regulatory compliance is your responsibility.
  3. The security of your own systems, websites, APIs, and credentials used to access or integrate with the Platform.
  4. Providing and maintaining your own terms of service, privacy policy, cookie notices, and any other end-user-facing legal notices on your own website or applications through which the Platform is accessed, embedded, or integrated.
  5. The manner in which the Platform is presented, deployed, or integrated into your own website, applications, or environments, including but not limited to embedding via iframe or other integration methods. When the Platform is accessed through your website or environment, you are solely responsible for all aspects of your website, including its security, performance, legal compliance, and end-user experience outside of the Platform interface itself. We shall have no liability for any claims, damages, or issues arising from the security, availability, or configuration of your website or environment.

3.2. API Keys & Sub-processors. The Platform requires the use of third-party API keys (e.g., for AI inference or email services). You are responsible for procuring, maintaining, and paying for your own API keys and for complying with the terms of service of any third-party API provider. You are responsible for entering into any necessary data processing agreements with your API providers. If we provide access to our own API keys as part of the service, a separate Data Processing Addendum will be required.

3.3. Disclaimer. We act as a platform operator and infrastructure provider only. We are not a “data controller” or “data processor” as defined under any applicable privacy law with respect to Client Data, User-Generated Content, or your use of third-party APIs. You are solely responsible for fulfilling your legal obligations with respect to Client Data and User-Generated Content, including any obligations under applicable data protection laws.

4. Acceptable Use

4.1. Permitted Use. You may use the Platform only for lawful purposes and in accordance with these Terms and the applicable SOW.

4.2. Suspension. We reserve the right to immediately suspend your access to the Platform, without prior notice, if we reasonably determine that (a) your use of the Platform poses a security risk to the Platform, other clients, or third parties; (b) your use violates the Acceptable Use terms in this Section 4; (c) your API keys or credentials have been compromised; or (d) suspension is required to comply with applicable law or a governmental request. We will notify you as soon as practicable following any such suspension and will work with you to resolve the underlying issue. Suspension under this section does not constitute termination and does not relieve you of your payment obligations.

4.3. Prohibited Uses. You agree not to use the Platform to:

  1. Violate any applicable law, regulation, or professional code of ethics or conduct.
  2. Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
  3. Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying architecture of the Platform.
  4. Attempt to gain unauthorized access to the Platform, other accounts, computer systems, or networks connected to the Platform.
  5. Interfere with or disrupt the Platform or the servers or networks used to make the Platform available.
  6. Use the Platform in any manner that could damage, disable, overburden, or impair the Platform.

4.4. Sensitive Data. If you choose to process sensitive data categories through the Platform — including but not limited to Protected Health Information (PHI), Personally Identifiable Information (PII) of third parties, financial account information, Social Security numbers, or payment card data — you do so at your own risk and are solely responsible for ensuring all applicable legal and regulatory requirements are met. We make no representations regarding the suitability of the Platform for processing any specific category of sensitive data unless expressly agreed in a SOW or separate written agreement.

5. Confidentiality

Each party agrees to hold the other’s Confidential Information in confidence and not to disclose it to any third party without prior written consent. “Confidential Information” includes all non-public information that a reasonable person would understand to be confidential. This obligation survives the termination of these Terms.

6. Fees and Payment

You agree to pay all fees as specified in the applicable SOW. All fees are non-refundable. We reserve the right to suspend access to the Platform for accounts more than thirty (30) days in arrears.

7. Term and Termination

7.1. Term. These Terms will remain in effect as long as you have an active SOW with us.

7.2. Termination for Breach. Either party may terminate an SOW for a material breach that is not cured within thirty (30) days of written notice.

7.3. Termination for Convenience. Either party may terminate an SOW at any time for any reason by providing thirty (30) days’ written notice. All fees for services rendered through the effective date of termination will become immediately due.

7.4. Effect of Termination. Upon termination for any reason, your access to the Platform will cease. We will provide you with a final export of your Client Data and a copy of the Client-Specific Configuration within thirty (30) days. Off-boarding and transition assistance can be provided and will be scoped and quoted separately.

8. Warranties and Disclaimers

8.1. Professional Services. We warrant that we will perform all services in a professional and workmanlike manner consistent with generally accepted industry standards.

8.2. Platform Disclaimer. THE PLATFORM IS PROVIDED “AS IS.” EXCEPT AS EXPRESSLY STATED IN SECTION 8.1, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE. THE PLATFORM INTEGRATES CLIENT-PROVIDED APIS, DATA SOURCES, AND THIRD-PARTY SERVICES; WE MAKE NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR AVAILABILITY OF ANY SUCH THIRD-PARTY SERVICES OR DATA.

8.3. Professional Advice. The Platform provides tools and functionality, not professional advice (legal, financial, medical, or otherwise). You are responsible for obtaining appropriate professional advice for your specific circumstances.

9. Indemnification

9.1. Our Indemnification. We will indemnify and hold you harmless from any third-party claims arising from our gross negligence or willful misconduct.

9.2. Your Indemnification. You will indemnify and hold us harmless from any third-party claims, fines, penalties, damages, losses, or expenses (including legal fees) arising from (a) your Client Data or User-Generated Content; (b) your use of the Platform in violation of these Terms or applicable law; (c) any claims related to your third-party API providers; or (d) your failure to comply with applicable laws or regulations, including but not limited to data protection and privacy laws, HIPAA, or professional ethics obligations.

10. Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST REVENUE, LOST GRANTS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR YOUR USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL FEES YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. General Provisions

11.1. Governing Law. These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any disputes will be resolved by binding arbitration in Kings County, New York, pursuant to the Commercial Arbitration Rules of the American Arbitration Association.

11.2. Class Action Waiver. You waive your right to participate in a class action lawsuit or class-wide arbitration. All disputes must be brought on an individual basis. This waiver applies to the maximum extent permitted by law.

11.3. Exceptions to Arbitration. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

11.4. Force Majeure. Neither party shall be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, war, terrorism, riots, government action or sanctions, power failures, internet or telecommunications failures, failures of third-party hosting or cloud infrastructure providers, cyberattacks, or labor disputes. The affected party shall provide prompt written notice to the other party and shall use commercially reasonable efforts to resume performance as soon as practicable. If a force majeure event continues for more than sixty (60) days, either party may terminate the affected SOW upon written notice without liability.

11.5. Export Control and Compliance. You agree to comply with all applicable export control laws and regulations. You represent that you are not located in, or a national of, any country subject to U.S. embargo or designated as a “terrorist supporting” country by the U.S. government.

11.6. Publicity. Neither party will use the other’s name or trademarks in any marketing materials without prior written consent.

11.7. Independent Contractor. The relationship of the parties is that of independent contractors. Nothing in these Terms shall be construed as creating a partnership, joint venture, or agency relationship.

11.8. Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.

11.9. Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

11.10. Entire Agreement. These Terms, together with your SOW and our Privacy Policy, constitute the entire agreement between you and us with respect to the Platform. In the event of a conflict between these Terms and an SOW, the SOW will prevail.

11.11. Amendment. We may update these Terms from time to time. Material changes will be communicated to active clients in writing at least thirty (30) days before they take effect. Continued use of the Platform after the effective date of any update constitutes acceptance of the updated Terms.

11.12. Notices. All notices under these Terms shall be in writing and shall be deemed effective upon receipt when sent by email to the addresses designated by each party.

Contact

Experience Futures Holdings LLC
Email: info@xfutures.org
Website: https://xf.app