1. Definitions
- “Platform” means the xTerminal website management platform, including the dashboard, APIs, documentation, and all associated services.
- “Workspace” means a tenant-scoped environment within the Platform where a User manages content, settings, and configurations.
- “Content” means any data, text, media, files, configurations, or other materials uploaded, created, or stored by a User through the Platform.
- “API” means the public runtime application programming interfaces provided by xTerminal for programmatic content access.
- “User” means any individual or entity that creates an account, accesses, or uses the Platform.
2. Eligibility and Account Registration
You must be at least 18 years of age and have the legal capacity to enter into binding agreements to use this Platform. By creating an account, you represent that all registration information is accurate, current, and complete.
Each account is associated with a Workspace. You are responsible for all activity conducted under your account credentials, including activity by team members you invite (owner, admin, editor, or viewer roles). You must immediately notify us of any unauthorized access to your account.
We reserve the right to refuse, suspend, or terminate any account at our sole discretion, with or without cause or notice.
3. Service Description
xTerminal provides a website operations platform that includes:
- A structured dashboard for managing page content, blog posts, site settings, team members, services, and testimonials
- Block-based content editing with registry-driven field schemas
- Blog management with source document upload support (up to 15MB per file)
- Public runtime API endpoints for programmatic content access with key-based authentication, origin restrictions, and rate limiting
- Multi-workspace support with role-based access controls
- Change log with rollback capabilities for supported operations
- Contact form submission capture and management
The Platform is provided on an “as is” and “as available” basis. Features, availability, and functionality may change at any time without prior notice.
4. Acceptable Use
You agree not to:
- Use the Platform for any unlawful, fraudulent, or harmful purpose
- Upload, store, or transmit any content that is illegal, infringing, defamatory, obscene, threatening, or otherwise objectionable
- Attempt to gain unauthorized access to any Workspace, account, system, or network associated with the Platform
- Circumvent, disable, or interfere with security features, rate limits, access controls, or tenant isolation mechanisms
- Reverse engineer, decompile, or disassemble any part of the Platform
- Use automated systems (bots, scrapers, crawlers) to access or interact with the Platform except through documented APIs within published rate limits
- Resell, sublicense, or redistribute access to the Platform without written authorization
- Introduce malware, viruses, or any other harmful code into the Platform
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
We reserve the right to investigate violations and take any action we deem appropriate, including suspension or termination of access, removal of Content, and reporting to law enforcement authorities.
5. User Content and Ownership
You retain all ownership rights to Content you upload, create, or store on the Platform. By using the Platform, you grant us a limited, non-exclusive, worldwide license to host, store, process, and display your Content solely for the purpose of operating and delivering the Service to you.
You represent and warrant that you have all rights necessary to upload and publish your Content, and that your Content does not infringe the intellectual property, privacy, or other rights of any third party.
We are not responsible for reviewing, moderating, or verifying the accuracy, legality, or appropriateness of any Content. You bear sole responsibility for all Content managed through your Workspace.
6. Platform Intellectual Property
The Platform, including its software, design, architecture, documentation, trademarks, logos, and all related intellectual property, is owned by Windborne Creative and its licensors. Nothing in these Terms grants you any right, title, or interest in the Platform beyond the limited right to use it in accordance with these Terms.
The block system architecture, admin dashboard, API infrastructure, and all related components are proprietary. Unauthorized reproduction, modification, distribution, or commercial exploitation of any part of the Platform is strictly prohibited.
7. API Usage
Access to the public runtime API is subject to authentication via API keys, rate limits (default 120 requests per minute, adjustable per key), and optional origin restrictions. You are responsible for safeguarding your API keys and ensuring they are not exposed in public repositories or client-side code unless explicitly designed for browser use.
We reserve the right to throttle, suspend, or revoke API access at any time if usage patterns indicate abuse, excessive load, or violation of these Terms. We are not liable for any disruption, latency, or unavailability of API endpoints.
8. Billing, Plans, and Payment
Certain features of the Platform may require a paid subscription. By selecting a paid plan, you agree to pay all applicable fees as described at the time of purchase. All fees are non-refundable unless otherwise stated in writing.
We reserve the right to change pricing, modify plan features, or discontinue plans at any time. We will provide reasonable notice of material pricing changes. Continued use after a pricing change constitutes acceptance of the new terms.
If payment fails or is not received, we may suspend or downgrade your access until the account is brought current.
9. Disclaimer of Warranties
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WINDBORNE CREATIVE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR DATA PROCESSED THROUGH THE PLATFORM
- WARRANTIES THAT THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS
YOU USE THE PLATFORM AT YOUR OWN RISK. WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE PLATFORM WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WINDBORNE CREATIVE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL
- COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
- DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR DATA
- DAMAGES ARISING FROM SERVICE INTERRUPTIONS, DOWNTIME, OR DATA LOSS
- DAMAGES ARISING FROM THE CONDUCT OF ANY THIRD PARTY ON OR RELATED TO THE PLATFORM
IN ALL CASES, OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. Indemnification
You agree to indemnify, defend, and hold harmless Windborne Creative, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Platform
- Your Content or any data processed through your Workspace
- Your violation of these Terms
- Your violation of any applicable law, regulation, or third-party right
- Any dispute between you and any third party related to the Platform
- Any unauthorized use of your account
We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate with our defense of such claims.
12. Data and Backups
While we implement security measures including tenant isolation, Row Level Security policies, and access controls, we do not guarantee against data loss, corruption, or unauthorized access. You are solely responsible for maintaining independent backups of your Content and data.
The Platform provides a change log with rollback support for certain operations (page edits, site settings, blog posts). This feature is provided as a convenience and does not constitute a backup service. Rollback availability is not guaranteed and may not cover all content modifications.
We are not responsible for any loss or damage resulting from your failure to maintain adequate backups.
13. Third-Party Services and Integrations
The Platform integrates with and relies upon third-party services (including but not limited to Supabase, Vercel, and other infrastructure providers). We are not responsible for the availability, performance, security, or policies of any third-party service.
Your use of third-party services is governed by their respective terms and policies. We disclaim all liability for any loss or damage arising from your reliance on or interaction with third-party services.
14. Termination
We may suspend or terminate your access to the Platform at any time, with or without cause, with or without notice. Grounds for termination include, but are not limited to:
- Violation of these Terms
- Non-payment of applicable fees
- Conduct that we determine, in our sole discretion, is harmful to the Platform, other users, or our business interests
- Request by law enforcement or government authority
- Discontinuation or material modification of the Platform
You may terminate your account at any time by contacting us. Upon termination, your right to access the Platform ceases immediately. We may, but are not obligated to, retain or delete your Content following termination in accordance with our Privacy Policy.
Sections 5, 6, 9, 10, 11, 12, 15, 16, and 17 survive termination.
15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the state in which Windborne Creative is incorporated, without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or the Platform shall be resolved exclusively in the state or federal courts located in the jurisdiction of Windborne Creative's principal place of business. You consent to the personal jurisdiction of such courts.
16. Dispute Resolution
Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute informally by contacting us at legal@xterminal.io. We will attempt to resolve the dispute within 30 days.
If informal resolution fails, any dispute shall be resolved through binding arbitration administered by a recognized arbitration body, conducted on an individual basis. You waive any right to participate in a class action or class-wide arbitration.
17. General Provisions
17.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Windborne Creative regarding the Platform and supersede all prior agreements, understandings, and representations.
17.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
17.3 Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
17.4 Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights freely in connection with a merger, acquisition, or sale of assets.
17.5 Force Majeure
We shall not be liable for any failure or delay in performing our obligations due to events beyond our reasonable control, including but not limited to natural disasters, acts of government, internet disruptions, power failures, or third-party service outages.
17.6 Modifications
We reserve the right to modify these Terms at any time. Material changes will be communicated via the Platform or email. Continued use of the Platform after changes take effect constitutes acceptance of the modified Terms.
17.7 No Agency
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Windborne Creative.
18. Contact
For questions or concerns regarding these Terms:
- Legal: legal@xterminal.io
- General: hello@xterminal.io
- Entity: Windborne Creative