Terms of Service.

Effective Date: January 1, 2026
Last Updated: September 29, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you (the individual or legal corporate entity accessing or subscribing to the service, "Subscriber", "User", or "you") and XRYTE BYTE TECHNOLOGIES LLC, a Wyoming limited liability company ("Company", "we", "us", or "our"), governing your access to and use of the Xmellow CRM and marketing automation platform located at https://xmellow.com, its application portals (e.g., app.xmellow.com), mobile applications, and connected APIs (collectively, the "Platform" or "Service").

By registering an account, clicking an acceptance checkbox, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Acceptable Use Policy, and DMCA Policy. If you do not agree, you are expressly prohibited from using the Platform.

1. Account Registration & User Licenses

• Eligibility: You warrant that you are at least 18 years of age and possess full legal authority to enter into these Terms on behalf of yourself or your organization.
• Account Security: You are responsible for maintaining the confidentiality of your administrative credentials and API keys. You assume full legal and financial responsibility for all activities conducted under your sub-accounts, user seats, and team logins.

License Grant: The Company grants you a limited, non-exclusive, non-transferable, revocable license to access the Platform solely for internal business operations. You may not reverse-engineer, decompile, duplicate, rent, or lease the Platform interface or source architecture without our express written permission.

2. Billing, Auto-Renewal & Telephony Wallet Refills

• Subscription Fees: Platform access is billed on a recurring monthly or annual basis in United States Dollars (USD). Your designated payment method will be charged automatically at the start of each renewal cycle until canceled in accordance with our Cancellation & Refund Policy.
• Usage-Based Charges (SMS, Voice, Email & AI): Telecommunications usage (inbound/outbound SMS, MMS, voice calling minutes, phone number rentals, carrier surcharges), transactional email volume, and artificial intelligence token credits are billed on a consumption basis. You authorize Xmellow to automatically charge your payment card to replenish your account usage balance when it falls below your pre-configured reload threshold.

Non-Payment & Suspension: If a recurring subscription charge or automated wallet refill fails, the Company reserves the right to immediately suspend outbound messaging, API access, and user logins until all outstanding balances are settled.

3. Data Ownership & Relationship (GDPR / CCPA)

• Subscriber Data Ownership: You retain exclusive ownership of all customer records, lead lists, messaging histories, and media uploaded to your sub-account ("Subscriber Data").
• Data Processor Designation: You acknowledge that you are the Data Controller for all personal information collected from your end-users, prospects, and customers. XRYTE BYTE TECHNOLOGIES LLC operates strictly as a Data Processor (or Service Provider) hosting and executing automated workflows on your behalf.

Consent Warranties: You represent and warrant that you possess all necessary statutory consents, notices, and legal authorities to import, store, and process Subscriber Data within the Platform.

4. Telecommunications & Regulatory Compliance (TCPA & CAN-SPAM)

• Express Prior Consent: You warrant that all recipient contacts, phone numbers, and email addresses imported into Xmellow have provided verifiable, prior express written consent in compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and relevant international privacy statutes.
• A2P 10DLC Registration: Users sending SMS/MMS traffic to US phone numbers must complete individual brand and campaign vetting under Application-to-Person (A2P 10DLC) standards. You warrant that all corporate details and Employer Identification Numbers (EINs) submitted for registration are truthful and belong to your organization.

Mandatory Opt-Out Honoring: You must support and honor all standard opt-out commands (STOP, UNSUBSCRIBE, CANCEL) immediately and automatically. Circumventing carrier opt-out systems is grounds for immediate termination.

5. Emergency Calling Disclaimer (NO 911 / E911 SERVICES)

THE SERVICE DOES NOT PROVIDE, SUPPORT, OR FACILITATE EMERGENCY CALLING, 911 DIALING, E911 ROUTING, OR EQUIVALENT EMERGENCY DISPATCH SERVICES. The telephony and voice features within Xmellow are not a substitute for traditional mobile or fixed-line telecommunications services. You must notify all authorized users that alternative telecommunication arrangements must be made available to place emergency calls.

6. Upstream Infrastructure & Sub-Account Isolation

• Infrastructure Dependencies: The Platform operates on enterprise cloud networks and upstream telecommunications infrastructure (including HighLevel LLC, cellular carrier registries, and cloud database providers).
• Upstream Policy Enforcement: If an upstream infrastructure provider or mobile carrier mandates, requests, or executes the suspension of a specific sub-account due to carrier compliance flags, high bounce thresholds, or suspected spam, the Company will comply immediately without liability to the Subscriber.
• Sub-Account Isolation: Xmellow reserves the right to immediately throttle, isolate, or terminate an individual sub-account without terminating the entire agency relationship or affecting other user accounts.

Full Indemnification for Agency Harm: If your unauthorized messaging, spamming, or regulatory violations cause financial penalties, carrier fines, or operational suspensions to be imposed upon the Company's master agency accounts, you agree to fully indemnify, defend, and hold harmless XRYTE BYTE TECHNOLOGIES LLC for all resulting regulatory fines, legal defense fees, and commercial damages.

7. Artificial Intelligence (AI) Features & Autonomous Bots

The Platform incorporates artificial intelligence tools, conversational bots, automated booking workflows, and machine-learning engines.

• Subscriber acknowledges that AI-generated responses are automated, non-deterministic, and experimental.
• Subscriber assumes sole responsibility for monitoring, testing, configuring, and verifying all AI outputs, conversational flows, and automated commitments.

XRYTE BYTE TECHNOLOGIES LLC disclaims all liability for inaccurate pricing, unintended booking commitments, defamatory statements, or commercial losses resulting from autonomous AI interactions.

8. Sensitive Data Restriction (NO HIPAA / NO PHI)

Unless expressly agreed to under a separate, fully executed Business Associate Agreement (BAA) signed by an authorized manager of XRYTE BYTE TECHNOLOGIES LLC:

• The Platform is not certified to store or process Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA), full payment card security codes (CVV), or government identification numbers (e.g., Social Security Numbers).

Subscriber warrants that it will not input, solicit, or transmit PHI or sensitive restricted data through custom fields, forms, or messages within the Platform. Subscriber assumes all legal and financial liability for any unauthorized processing of sensitive health data.

• Educational & Student Records (FERPA): Subscriber warrants that it will not use the Platform to collect, store, or process student education records subject to the Family Educational Rights and Privacy Act (FERPA) without executing specific prior compliance agreements with the Company.

9. Data Management & Independent Backup Responsibility

• While the Company performs routine cloud-level infrastructure backups for system disaster recovery, Xmellow does not provide individual data restoration services for user-level deletions.
• Subscriber is solely responsible for exporting and maintaining independent, offline CSV backups of all contact lists, CRM pipelines, and conversation records.

The Company is not liable for data loss, accidental record overwrites, workflow loops, or data corruption caused by user error or third-party integrations.

10. US Export Control & OFAC Sanctions Compliance

Subscriber represents and warrants that neither Subscriber nor any authorized end-user is located in, organized under, or a resident of any country or territory subject to comprehensive US economic sanctions administered by the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) (including Cuba, Iran, North Korea, Syria, or the sanctioned regions of Ukraine), nor listed on any US restricted party directory. Subscriber agrees not to access or export the Platform in violation of US export laws.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XRYTE BYTE TECHNOLOGIES LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR COMPLETELY FREE OF ERRORS OR THIRD-PARTY VENDOR OUTAGES.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XRYTE BYTE TECHNOLOGIES LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, OR VENDORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA LOSS, CARRIER REGULATORY PENALTIES, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE STRICTLY LIMITED TO THE LESSER OF: (A) THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) $100.00 USD.

13. Governing Law, Binding Arbitration & Class Action Waiver

• Governing Law: These Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Wyoming, USA, without regard to conflict of law principles.
• Binding Arbitration: Any controversy, claim, or dispute arising out of or relating to these Terms or the Platform shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration proceedings shall be conducted virtually or within the State of Wyoming, USA.

Class Action Waiver: YOU AGREE THAT ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS AND EXPRESSLY WAIVE ANY RIGHT TO COMMENCE, JOIN, OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE PROCEEDING, OR REPRESENTATIVE LAWSUIT AGAINST THE COMPANY.

14. Inactive Account Termination & Data Purge Policy

Upon cancellation or termination of your subscription for any reason:

• Subscriber Data, contacts, workflows, and media will remain accessible in a dormant state for a maximum period of thirty (30) days following the effective cancellation date.
• After thirty (30) days, Xmellow reserves the right to permanently delete and purge all Subscriber Data from its cloud storage and production databases without further notice.
• Subscriber assumes sole responsibility for exporting all customer databases, CRM pipelines, and transaction logs via CSV prior to account cancellation. XRYTE BYTE TECHNOLOGIES LLC disclaims all liability for data permanently deleted following the 30-day post-termination window.

15. Third-Party Marketplace Apps & Integrations

• The Platform may provide access to third-party applications, plugins, webhooks, or API integrations (including Stripe Connect, Zapier, and third-party marketplace developers).
• The Company does not develop, control, or warrant any third-party application. Your use of third-party add-ons is governed solely by the terms of those respective providers.
• XRYTE BYTE TECHNOLOGIES LLC shall not be liable for any security breaches, data corruption, API rate limits, or software bugs introduced by third-party integrations.

16. Security Incident Notification Obligation

Subscriber agrees to notify the Company immediately—and in no event later than twenty-four (24) hours—upon discovering or suspecting any unauthorized access, credential theft, security compromise, or API key exposure relating to Subscriber's account. Notifications must be submitted directly to security@xmellow.com.

17. Right to Audit & Opt-In Verification

Xmellow reserves the right, at its sole discretion, to monitor messaging metrics and request verifiable written evidence of consent (such as opt-in forms, timestamps, and IP logs) for any contact list imported or messaged via the Platform. If Subscriber fails to provide satisfactory opt-in verification within forty-eight (48) hours of an inquiry, the Company reserves the right to immediately freeze outbound messaging capabilities without liability or refund.

18. Unsolicited Ideas & Feedback Assignment

If you submit suggestions, ideas, feature requests, or feedback regarding the Platform ("Feedback"), you grant XRYTE BYTE TECHNOLOGIES LLC an exclusive, royalty-free, fully paid-up, perpetual, worldwide license to use, implement, commercialize, and modify such Feedback without any compensation, attribution, or accounting to you.

19. Contact Information

XRYTE BYTE TECHNOLOGIES LLC
(Operating the Xmellow Platform)
30 N Gould St, Ste N
Sheridan, WY 82801, USA
Email: legal@xmellow.com | support@xmellow.com