These Terms of Service govern your access to and use of X-Care services, applications, devices, and related digital experiences.
These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and X-Care Technologies, LLC (“X-Care,” “we,” “us,” or “our”) governing your access to and use of the X-Care website located at x-care.ai (the “Site”), any mobile applications, connected devices, application programming interfaces (APIs), analytics platforms, and any related services, features, content, or functionality made available by X-Care (collectively, the “Services”).
By accessing, browsing, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you must immediately cease use of the Services.
The Services provide a data-driven monitoring, analytics, and asset intelligence platform designed to collect, process, and present information derived from connected devices, sensors, and user inputs, including but not limited to environmental data such as temperature, humidity, motion, and related conditions. The Services may also include predictive analytics, alerts, recommendations, and insights derived from aggregated data across users, devices, and third-party integrations.
You acknowledge that the Services are provided for informational and assistive purposes only and are not intended to replace professional judgment or serve as a guarantee of any particular outcome.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
You expressly acknowledge and agree that: (a) devices and sensors integrated with the Services may malfunction, produce inaccurate or incomplete data, or experience interruptions in connectivity or performance; (b) environmental conditions are inherently variable and may not be fully or accurately captured by any monitoring system; (c) the accuracy, reliability, and timeliness of data depend on numerous factors outside the control of X-Care, including but not limited to device placement, calibration, maintenance, third-party hardware, and network conditions; and (d) any alerts, recommendations, or insights generated by the Services are predictive in nature and may not reflect actual conditions or outcomes.
YOU FURTHER AGREE THAT YOUR USE OF AND RELIANCE UPON THE SERVICES IS AT YOUR SOLE RISK, AND THAT X-CARE SHALL HAVE NO LIABILITY FOR ANY DAMAGE, LOSS, OR ADVERSE OUTCOME RESULTING FROM YOUR RELIANCE ON THE SERVICES.
The Services are intended solely for individuals who are at least thirteen (13) years of age. If you are under the age of majority in your jurisdiction, you may use the Services only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
In order to access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify X-Care immediately of any unauthorized use of your account or any other breach of security.
X-Care reserves the right to suspend or terminate accounts that contain inaccurate information or that are used in violation of these Terms.
You agree that you will not, directly or indirectly: use the Services in any manner that violates applicable laws or regulations; infringe upon the intellectual property rights or privacy rights of others; interfere with, disrupt, or compromise the integrity or security of the Services; reverse engineer, decompile, disassemble, or attempt to derive source code; use automated means, including bots or scrapers, to access or extract data; or introduce viruses, malware, or other harmful code into the Services.
X-Care reserves the right, in its sole discretion, to investigate and take appropriate action against any violation, including suspension or termination of access.
You retain ownership of any User Content you submit to the Services. However, by submitting such content, you grant X-Care a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, host, store, reproduce, modify, create derivative works from, and otherwise exploit such content for purposes of operating, improving, and developing the Services and related offerings.
You acknowledge and agree that X-Care may collect, aggregate, anonymize, and de-identify data derived from your use of the Services, including Device Data and User Content, and may use such aggregated or de-identified data for any lawful purpose, including but not limited to analytics, benchmarking, product development, commercial insights, and machine learning or artificial intelligence applications.
Such aggregated or de-identified data will not identify you personally.
The Services may integrate with or rely upon third-party devices, software, and services. X-Care does not control and is not responsible for the performance, reliability, or availability of such third-party components. The X-Care app may request and store an approximate location to support features such as weather-relevant alerts and locating misplaced sensors. Use of these features is optional; you may use X-Care without granting location access. We do not sell or share location data with third parties. By using location-enabled features, you grant X-Care permission to store your approximate location on our servers, governed by the X-Care Privacy Policy.
You acknowledge that failures or inaccuracies in third-party devices or services may affect the functionality of the Services.
By providing your contact information, you consent to receive communications from X-Care, including service-related notifications, alerts, administrative messages, and, where applicable, SMS communications. You may opt out of certain communications as permitted by law.
All content, software, and materials comprising the Services are the property of X-Care or its licensors and are protected by applicable intellectual property laws. No rights are granted to you except as expressly set forth in these Terms.
If you believe that any content available through the Services infringes your copyright, you may submit a notification to X-Care’s designated agent:
X-Care Technologies, LLC
215 Goodale Street
West Boylston, MA 01583
Email: support@x-care.ai
Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. § 512).
TO THE FULLEST EXTENT PERMITTED BY LAW, X-CARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL X-CARE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUE, PROFITS, OR PROPERTY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
IN NO EVENT SHALL X-CARE’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to defend, indemnify, and hold harmless X-Care and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses, including reasonable attorneys’ fees and legal costs, arising out of or related to your use of the Services, your violation of these Terms, or your infringement of any third-party rights.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its applicable rules.
The arbitration shall take place in Massachusetts unless otherwise agreed. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
YOU AND X-CARE AGREE THAT ANY CLAIMS SHALL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.
To the extent that any dispute is not subject to arbitration, you agree that such dispute shall be resolved exclusively in the state or federal courts located within Massachusetts, and you hereby consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.
These Terms constitute the entire agreement between you and X-Care regarding the Services and supersede all prior agreements.
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
X-Care’s failure to enforce any right shall not constitute a waiver of such right.
X-Care may assign these Terms without restriction.
X-Care Technologies, LLC
215 Goodale Street
West Boylston, MA 01583
Email: support@x-care.ai
