Article 1. Our Services

Our Services

XWMS provides digital services such as APIs, authentication systems, client dashboards, shops, contracts, invoicing-related tools, and related platform functionality.

The Services are intended for both consumers and business users.

Age and parental permission

Use of the Services is generally intended for users aged 18 or older. Minors may only use the Services with permission from a parent or legal guardian and under that person's supervision where required by law.

Restricted use cases

The Services are not designed for uses that require sector-specific compliance frameworks unless XWMS has expressly agreed otherwise in writing. This includes highly regulated environments such as certain healthcare, government-security, or financial-sector uses.

Users remain responsible for ensuring that their intended use of the Services is lawful in their jurisdiction.

Article 2. Intellectual Property Rights

Intellectual Property Rights

All intellectual property rights in the Services, including software, designs, databases, text, graphics, logos, and other platform content, belong to XWMS or its licensors unless stated otherwise.

Subject to these Terms, XWMS grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Services for their intended purpose.

You may not copy, sell, sublicense, redistribute, or exploit protected parts of the Services except where these Terms, applicable law, or written permission from XWMS allows it.

If you submit feedback, ideas, or suggestions, XWMS may use them without restriction unless a separate written agreement says otherwise.

Article 3. User Representations

User Representations

By using the Services, you represent that:

1. the information you provide is accurate and kept reasonably up to date
2. you have the legal capacity to use the Services
3. you are at least 18 years old, or you are a minor using the Services with parental or guardian permission where required
4. your use of the Services will comply with applicable law
5. you will not use the Services for fraud, abuse, or harmful conduct

If these representations are materially untrue, XWMS may limit or suspend access where reasonably necessary.

Article 4. User Registration

User Registration

Some parts of the Services require registration. You must provide accurate account information and keep it reasonably current.

You are responsible for safeguarding your credentials and login methods, including passwords, social login methods, and two-factor authentication where enabled.

XWMS may require additional verification, suspend access, reset credentials, or take other reasonable security measures if account integrity, legal compliance, or platform safety requires it.

Usernames and public profile elements may be reviewed or limited if they are unlawful, misleading, offensive, or infringe the rights of others.

Article 5. Products

We strive to ensure that all product information displayed through the Services — including colors, features, specifications, and other details — is accurate and up to date. However, we do not warrant that such information is always reliable, complete, current, or free from errors. The colors and visuals you see may vary depending on your device settings or screen calibration and may not perfectly reflect the actual product.

All products offered through the Services are subject to availability. We make no guarantees regarding stock levels or the continued availability of any specific product. XWMS reserves the right to:

• Modify or update product information at any time without prior notice;
• Change product pricing at its sole discretion;
• Discontinue any product or service at any time, for any reason.

XWMS will not be liable for any inaccuracies, delays in updating product information, or unavailability of products, including after an order has been placed.

Article 6. Purchases And Payment

Purchases and Payment

Payments made through the Services are currently processed through Stripe.

Depending on availability and location, supported methods may include:

• iDEAL
• Apple Pay
• Google Pay
• PayPal
• Bancontact

You must provide accurate and current billing information for purchases and subscriptions.

Prices, taxes, and fees shown at checkout form part of the purchase total. XWMS may correct obvious pricing or technical errors before or after checkout where legally permitted.

We may refuse, limit, or cancel an order where there is suspected fraud, abuse, duplicate ordering, or a technical error.

Article 7. Subscriptions

Subscriptions

Subscription-based Services are offered on a monthly basis.

Depending on the chosen payment method or billing flow, a subscription may renew automatically or require manual renewal.

Cancellation

A cancellation notice period of 30 days applies. Cancellation will take effect in accordance with that notice period and the applicable billing cycle.

Failed payments

If a subscription payment fails or is not made on time, access to the relevant paid Services may be limited or suspended until the issue is resolved.

Refunds

Subscription payments are subject to the Refunds Policy described in these Terms.

Article 8. Return & refunds Policy

Refunds Policy

All payments made to XWMS are generally final and non-refundable.

Refunds are only considered in the following limited cases:

• duplicate payment
• technical billing error
• clearly unauthorized payment confirmed after review

No refunds are provided for:

• change of mind
• dissatisfaction with the Services
• non-use of a subscription or feature
• user configuration mistakes
• cancellation after a billing cycle has started

If you believe a refund exception applies, you must contact XWMS without undue delay and provide enough information for review.

Article 9. Software

From time to time, we may provide access to software in connection with the Services.

If the software is accompanied by an end-user license agreement ("EULA"), the terms of the EULA will govern your use of the software.

If no separate EULA is provided, XWMS grants you a non-exclusive, non-transferable, revocable, personal license to use the software solely in connection with your use of the Services, subject to these Legal Terms.

Unless expressly permitted by the EULA or these Terms, you may not reproduce, distribute, or modify the software.

All software and associated documentation are provided "as is", without any warranties — express or implied — including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume all risks arising from the use or performance of any such software.

Article 10. Prohibited Activities

Prohibited Activities

You may not use the Services to:

• violate any law or regulation
• access or interfere with accounts, systems, or data without authorization
• scrape, copy, or systematically extract protected data or content without permission
• distribute malware, spam, or abusive content
• impersonate another person or misrepresent your identity
• exploit vulnerabilities or bypass security measures
• harass, threaten, or abuse other users or representatives of XWMS
• use the Services to build or operate a competing product through unlawful or unauthorized means

Violation of this section may result in suspension, termination, legal action, or other appropriate measures.

Article 11. User Generated Contributions

The Services may allow you to post or otherwise make available content (“Contributions”) such as text, comments, videos, images, audio, graphics, or other materials. Some Contributions may be visible to other users or via third-party sites.

When you provide Contributions, you represent and warrant that:

• You own or have all necessary rights to the Contributions, or have obtained all required licenses, consents, and permissions.
• Your Contributions do not infringe any third-party rights, including intellectual property, privacy, publicity, or other proprietary rights.
• If your Contributions include identifiable individuals, you have their consent to use their name, likeness, or personal information.
• Your Contributions are not false, misleading, deceptive, defamatory, obscene, abusive, harassing, or otherwise objectionable.
• Your Contributions do not promote illegal activities or violate any law, regulation, or right of a third party.
• Your Contributions are not unsolicited advertisements, promotional materials, pyramid schemes, chain letters, spam, or mass mailings.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any laws protecting minors (e.g. child privacy, indecency).
• Your Contributions do not contain offensive content tied to race, religion, gender, sexual orientation, disability, or other protected characteristic.
• You do not organize campaigns soliciting reviews or ratings (positive or negative) from others.

You agree that any use of the Services in violation of this section constitutes a breach of these Legal Terms and may result in removal or modification of your Contributions, suspension or termination of your account, and legal liability.

Article 12. Contribution License

By posting or making available Contributions through the Services (or linking your account to third-party social accounts to post content), you grant XWMS a perpetual, irrevocable, worldwide, non-exclusive, transferable, royalty-free, fully paid license to:

• Host, use, reproduce, modify, adapt, publish, translate, distribute, and publicly display your Contributions;
• Create derivative works based on your Contributions;
• Sublicense any of the above rights;
• Use your name, picture, likeness, trademarks, and logos in connection with such rights.

This license applies to all forms, media, and technologies now known or later developed. You waive all moral rights to your Contributions to the extent permitted by law.

You retain ownership of your Contributions. XWMS does not claim ownership, but reserves the right:

• To edit, redact, or reformat your Contributions;
• To reclassify or relocate your Contributions within the Services;
• To remove or refuse to display any Contribution at our discretion, without notice;
• To pre-screen, monitor or refuse any Contribution.

We are not obligated to review Contributions for compliance, and not responsible for user content or the consequences of its publication.

Article 13. Guidelines For Reviews

If the Services include rating or review functions, your reviews must comply with the following:

• You should have genuine first-hand experience with the product, service, or entity you are reviewing.
• Reviews must be fair, balanced, and not contain profanity, hate speech, obscenity, or harassment.
• Do not include discriminatory remarks based on religion, race, gender, sexual orientation, age, disability, or other protected classes.
• Avoid references to illegal acts or attempts to judge legal guilt.
• You should not be affiliated with a competitor if you post a negative review.
• Do not state or imply conclusions of law (e.g. that the subject “broke the law”).
• Reviews must not be false, misleading, or deceptive.
• Do not organize campaigns asking others to post reviews (positive or negative).

Violation may lead to editing, removal of the review, or account suspension.

Article 14. Social Media

Social Media and Third-Party Login

The Services may allow account access or linking through third-party identity providers.

At present, this mainly includes Google login.

If you choose to use a third-party login provider:

• you authorize us to receive the profile data that provider makes available to us
• your use of that provider remains subject to that provider's own terms and privacy rules
• disconnecting the provider may affect access to linked functionality

XWMS is not responsible for the practices of the external provider itself.

Article 15. Third-party Websites And Content

Third-Party Websites and Content

The Services may contain links to or integrations with third-party websites, applications, or content.

Those third parties are not controlled by XWMS. We are not responsible for their content, availability, or practices.

Your dealings with third parties are between you and the relevant third party unless XWMS expressly states otherwise.

Article 16. Advertisers

We may allow third-party advertisers to display advertisements and other promotional content in certain areas of the Services, such as sidebar banners or pop-ups. We merely provide the space for such advertisements and do not otherwise endorse, evaluate, or have a direct relationship with these advertisers unless explicitly stated. Any interactions or transactions with advertisers are solely between you and the respective third party.

Article 17. Services Management

We reserve the right, but are not obligated, to:

• Monitor the Services for violations of these Legal Terms;
• Take appropriate legal action against any user who, in our sole discretion, violates the law or these Legal Terms, including reporting to authorities;
• Refuse access to, limit availability of, or remove any Contributions or content that, in our sole discretion, violate these Legal Terms or are otherwise harmful;
• Remove or disable content that is technically excessive or burdensome to our systems;
• Otherwise manage the Services in a manner intended to maintain system integrity and protect our rights.

Article 18. Privacy Policy

Privacy Policy

Your use of the Services is also subject to the Privacy Policy made available by XWMS on the website and platform.

The Privacy Policy explains how personal information is collected, used, shared, retained, and protected. By using the Services, you acknowledge that personal data will be handled in accordance with that policy.

Article 19. Copyright Infringements

We respect the intellectual property rights of others. If you believe that content available on or through the Services infringes your copyright, please submit a detailed written notice (“Notification”) to us via the contact details listed below. Your Notification must comply with applicable legal requirements, including a good-faith belief that the use is unauthorized and information sufficient to locate the allegedly infringing material.

Please be aware that knowingly submitting false claims may result in liability for damages under applicable laws.

Article 20. Term And Termination

Term and Termination

These Terms apply for as long as you use the Services.

XWMS may suspend or terminate access where reasonably necessary, including for:

• breach of these Terms
• non-payment
• misuse of the platform
• legal or regulatory requirements
• security or fraud concerns

Where reasonably possible, we may allow you to export or retrieve certain data before final termination. Some data may still be retained or anonymized where legally required or operationally necessary.

Article 21. Modifications And Interruptions

We may, at any time and without notice:

• Modify, update, or remove parts of the Services;
• Change pricing or features;
• Interrupt or suspend access due to maintenance, updates, technical issues, or security reasons.

We are not liable for any loss, damage, or inconvenience resulting from interruptions or changes to the Services. These Legal Terms do not oblige us to maintain, update, or provide continued access to the Services.

Article 22. Governing Law

Governing Law

These Terms are governed by the laws of the Netherlands.

Mandatory consumer protections that apply under the law of your country of residence remain unaffected where such protections cannot legally be excluded.

Article 23. Dispute Resolution

Dispute Resolution

If you have a complaint or dispute, you should first contact XWMS so we can try to resolve the issue in good faith.

If that does not resolve the matter, disputes will be submitted to the competent Dutch court, subject to any mandatory consumer rights that apply under law.

Article 24. Corrections

Information on the Services may contain typographical errors, inaccuracies, or omissions, including but not limited to product descriptions, pricing, availability, or other content.

We reserve the right to:

• Correct any errors or inaccuracies;
• Update or revise content without prior notice.

Such corrections do not constitute a waiver of these Legal Terms or any contractual or legal rights.

Article 25. Disclaimer

Disclaimer

The Services are provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, XWMS disclaims warranties that are not expressly stated, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee uninterrupted availability, error-free operation, or that third-party services or external networks will always function without interruption.

Article 26. Limitations Of Liability

Limitation of Liability

To the maximum extent permitted by law, XWMS is not liable for indirect, incidental, consequential, special, or punitive damages arising from the use of the Services.

If XWMS is found liable, total liability for claims relating to the Services will not exceed the amount paid by you to XWMS during the 12 months before the event giving rise to the claim.

Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.

Article 27. Indemnification

Indemnification

You agree to indemnify and hold XWMS harmless against claims, losses, liabilities, and reasonable costs arising from:

• your misuse of the Services
• your breach of these Terms
• your content or submissions
• your violation of the rights of another person or entity

This section applies only to the extent permitted by law.

Article 28. User Data

We will maintain data you transmit to the Services as necessary to provide functionality, as well as logs relating to your use of the Services. While we perform periodic backups, you are solely responsible for all data you transmit or store via the Services. We are not liable for any loss, corruption, or damage to your data, and you hereby waive any claims arising from such loss or corruption to the fullest extent permitted by law.

Article 29. Electronic Communications, Transactions, And Signatures

Electronic Communications, Transactions, and Signatures

By using the Services, you agree that communications, notices, invoices, records, and contracts may be provided electronically where permitted by law.

You also agree that electronic acceptance, approval, or signature methods may be used in place of paper-based processes where legally valid.

Article 30. California Users And Residents

U.S. and California Notices

XWMS does not currently operate an SMS marketing program as part of the normal Services.

If that changes in the future, any text-message-related terms, consent flows, and opt-out instructions will be presented separately where required.

If you are a U.S. resident and believe state-specific consumer or privacy rights apply to you, please refer to the Privacy Policy and contact XWMS through the official support or contact channels.

Article 31. Miscellaneous

Miscellaneous

These Terms, together with the policies and rules referenced by XWMS, form the agreement between you and XWMS regarding the Services.

If any provision is invalid or unenforceable, the remaining provisions remain in force.

Failure to enforce a provision immediately does not mean that provision is waived.

XWMS may assign or transfer its rights and obligations where permitted by law.

Article 32. Data Management And Security

Data Management and Security

XWMS acts as a controller for the personal data it processes in connection with the XWMS platform, subject to the Privacy Policy and applicable law.

We use reasonable technical and organizational safeguards to protect data handled through the Services.

Where user data is disclosed to third-party clients through XWMS login or scope-based access, those clients are responsible for their own handling of data after receipt, subject to applicable law and the permissions involved.

Article 33. Third-party Integration Liability

The Services may integrate with third-party tools or platforms (e.g., payment processors, CRM systems, APIs).

We are not liable for any damage, service disruption, data breach, or other issues arising from the performance, failure, or conduct of these third-party services. Use of third-party integrations is at your own risk and subject to their respective terms and privacy policies.

Article 34. Service Availability And Downtime

We strive to provide uninterrupted access to the Services and sub-applications, but we do not guarantee continuous availability.

Scheduled maintenance, updates, technical issues, or force majeure events may cause temporary interruptions. Where feasible, users will be notified in advance of planned downtime.

We shall not be liable for any loss or inconvenience resulting from service interruptions.

Article 35. Limitation Of Liability For Invoicing Errors

The invoicing features within the sub-application are provided as a convenience. While we aim for accuracy, we do not guarantee the correctness of invoice outputs.

We are not liable for any errors, including but not limited to:

• Incorrect amounts
• Misapplied taxes or fees
• Missed payment deadlines
• Currency or exchange rate discrepancies

You are solely responsible for verifying all invoices before sending or processing them.

Article 36. Termination Of Service

Termination of Service

If access to a Service or sub-application is terminated, XWMS may disable access immediately where justified by security, legal, or operational reasons.

Where reasonably possible, we may allow retrieval or export of certain data before final closure.

After termination, data may be deleted, retained, or anonymized depending on legal obligations, operational necessity, and any deletion request submitted by the user.

Article 37. Contact Us

Contact Us

If you have a complaint, legal question, or request relating to the Services, you can contact XWMS through the official contact details and channels made available on the platform and website.

Typical contact channels may include:

• email
• website contact form
• other official support channels provided by XWMS