Effective October 17, 2024 (View Archived Version)
These Terms of Service reflect the way XL8's services work, and the laws that apply to our company and our services.
Unless otherwise specified in a separate agreement, XL8 services are provided by, and you're contracting with: XL8 Inc. organized under the laws of the State of Delaware, USA, and located at 690 Saratoga Ave., Ste 100, San Jose, CA 95129.
When we speak of XL8, we, us, and our, we mean XL8 Inc. and its affiliates.
The minimum age for creating an account and utilizing XL8's services shall be determined in accordance with the applicable legal age of majority in the user's jurisdiction (e.g., 18 years of age in the United States). In the event that an account is created by a minor, the Parent or Legal Guardian of such minor shall bear full responsibility for all activities conducted under the account and for any associated payments.
XL8 provides AI services, including but not limited to transcription, translation, and interpretation, using AI technology under the operating names of XL8, MediaCAT and EventCAT, and that are subject to these terms and conditions.
MediaCAT leverages proprietary AI technology to generate subtitles and translate them for various content-related businesses, including, but not limited to, global OTT platforms, Language Service Providers, Content Owners, Gaming Companies, and other content requiring localization.
EventCAT is a real-time translation platform for online meetings, conferences, and live streams. EventCAT breaks language barriers and drives revenue, redefining real-time translation with scalable, precise, and high-impact solutions tailored for global needs.
We're constantly developing new technologies and features to improve our services. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones. When a service requires or includes downloadable or preloaded software, that software sometimes updates automatically on your device once a new version or feature is available. Some services let you adjust your automatic update settings. If we make material changes that negatively impact your use of our services or if we stop offering a service, we'll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
We'll also provide you with an opportunity to export your content from our services, subject to applicable law and policies.
The permission we give you to access and use our services continues as long as you comply with:
You also agree that our Privacy Policy applies to your use of our services.
You must not abuse, harm, interfere with, or disrupt our services or systems - for example, by:
Some of our services are designed to let you upload, stream, submit, store, send, receive, or share content.
You have no obligation to provide any content to our services and you're free to choose the content that you want to provide.
If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.
If you meet these age requirements, you can create an account for your convenience. Some services require that you have an account in order to work.
You're responsible for what you do with your account, including taking reasonable steps to keep your account secure.
Many organizations, such as businesses, non-profits, and schools, take advantage of our services.
To use our services on behalf of an organization, an authorized representative of that organization must agree to these terms
To provide you with our services, we sometimes send you service announcements and other information.
Some of our services may require you to upload content. XL8 won't claim ownership over that content.
In case some of our services include content that belongs to XL8, you may use XL8's content as allowed by these terms and any service-specific additional terms, but we retain any intellectual property rights that we have in our content. Don't remove, obscure, or alter any of our branding, logos, or legal notices. If you want to use our branding or logos, please contact us.
Finally, some of our services may give you access to content that belongs to other people or organizations. Outside of our services, you may not use this content without that person or organization's permission, or as otherwise allowed by law.
Some of our services include software that is made available under open-source license terms. We provide these licenses to you and ensure that they are clearly accessible. In certain cases, provisions in the open-source licenses may explicitly override parts of these terms, and we encourage you to review those licenses to understand your rights and obligations.
While we provide the open-source software in compliance with its licensing terms, it is important to note that you may not copy, modify, distribute, sell, or lease any part of our services or software except as permitted by the specific open-source license or by law.
We built our reputation on providing useful, reliable services and we're continuously improving our services to meet your needs. However, for legal purposes, we offer our services without warranties unless explicitly stated in our service-specific additional terms. The law requires that we explain this using specific legal language and that we use capital letters to help make sure you see it, as follows:
TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOR EXAMPLE, WE DON'T MAKE ANY WARRANTIES ABOUT THE CONTENT OR FEATURES OF THE SERVICES, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.
DON'T RELY ON THE SERVICES FOR MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. ANY CONTENT REGARDING THOSE TOPICS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR ADVICE FROM A QUALIFIED PROFESSIONAL.
Both the law and these terms try to strike a balance as to what you or XL8 can claim from the other in case of problems. That's why the law requires everyone to be responsible for certain liabilities - but not others - under these terms.
These terms only limit our responsibilities as allowed by applicable law. These terms don't limit liability for gross negligence or willful misconduct.
To the extent allowed by applicable law:
XL8’s total liability arising out of or related to these terms, whether in contract, tort, or otherwise, is limited to the greater of: (1) the total fees paid by you for the relevant services during the 12 months preceding the event giving rise to the claim or (2) the amount covered by XL8's applicable liability insurance, subject to its terms and conditions.
If you're a business user or organization:
-- If you're legally exempt from certain responsibilities, including indemnification, then those responsibilities don't apply to you under these terms.
Before taking action as described below, we'll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to clarify the issue and address it, unless doing so would:
If any of your content (1) breaches these terms, service-specific additional terms or policies, (2) violates applicable law, or (3) could harm our users, third parties, or XL8, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, terrorist content, and content that infringes someone else's intellectual property rights.
Without limiting any of our other rights, XL8 may suspend or terminate your access to the services or delete your Account if any of these things happen:
Of course, you're always free to stop using our services at any time. If you do stop using a service, we'd appreciate knowing why so that we can continue improving our services.
For information about how to contact XL8, please visit our contact page.
California law will govern all disputes arising out of or relating to these terms, service-specific additional terms, or any related services, regardless of conflict of laws rules.
These disputes will be resolved exclusively in the federal or state courts of Santa Clara County, California, USA, and you and XL8 consent to personal jurisdiction in those courts.
By law, you have certain rights that can't be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights.
These terms describe the relationship between you and XL8. They don't create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.
If these terms conflict with the service-specific additional terms, the additional terms will govern for that service.
If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.
If you don't follow these terms or the service-specific additional terms, and we don't take action right away, that doesn't mean we're giving up any rights that we may have, such as taking action in the future.
We may update these terms and service-specific additional terms (1) to reflect changes in our services or how we do business - for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
If we materially change these terms or service-specific additional terms, we'll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don't agree to the new terms, you should remove your content and stop using the services. You can also end your relationship with us at any time by closing your Account. If you close your Account and then access or use our services without an account, that access and use will be subject to the most current version of these terms.
If you have any questions or comments about the Terms of Service and/or in order to resolve a complaint regarding the Service, email us at contact+legal@xl8.ai.
XL8 Inc.,
Attn: Legal
690 Saratoga Ave., Ste 100,
San Jose, CA 95129
(408)457-0447
