Xyte Terms and Conditions
The following terms and conditions (“Terms”) apply to you, on your own behalf as an individual or on behalf of your employer or another legal entity (collectively “Customer”, “you” or “your”) when you are offered the software as a service solution (“Service”) provided by Xyte Technologies Ltd. (“Xyte”, “us”, “we” or “our”) through one of our partner’s or vendor’s websites (“Website”). Subject to the terms of these Terms, whether you choose to subscribe to or use our Service or not, and regardless of your purchase of products from our partners or vendors, these Terms govern your interaction with us as long as you are using the Website. Please read these Terms carefully before proceeding. If you are entering into these Terms and using the Website on behalf of your employer or other legal entity, you hereby represent that you have full authority to bind said employer or other legal entity to these Terms. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms, please do not access or use the Website.
1. Content.
1.1. Definition. For purposes hereof, the following capitalized terms shall have the meanings set forth below:
1.1.1. “Content” shall mean any information and data, including without limitation, text, documents, articles, brochures, descriptions, products, services, software, graphics, photos, sounds, videos, interactive features, proposals, promotions, advertisements, marketing materials and policies.
1.1.2 “Marks” shall mean trademarks, service marks, trade names, service names, trade dress, symbols, brands and logos.
1.2. Xyte Content. Xyte may upload to or publish on the Website certain Content in connection with the Service, including Xyte’s Marks (“Xyte Content”). Xyte Content may be protected by applicable copyright or other intellectual property laws and treaties. Xyte does not warrant that Xyte Content available on the Website is accurate, complete, reliable, current or error-free, and Xyte reserves the right to make changes in or to the Xyte Content, or any part thereof, in Xyte’s sole judgment, without the requirement of giving any notice prior to or after making such changes. All other Content and Marks used or appearing on the Website are the Content and Marks of their respective owners, and Xyte is not responsible in any manner for such Content and Marks. Your use of Xyte Content and any other Content, or any part thereof, is made solely at your own risk and responsibility.
1.3. Third Party Content. The Website may present or otherwise allow you to view, access, link to and/or interact with Content from our vendors, third parties and other sources that are not owned or controlled by us (such Content, “Third Party Content”). The Website may also enable you to communicate with our vendors and related third parties. The display or communication to you of such Third Party Content does not (and shall not be construed to) in any way imply, suggest or constitute any sponsorship, endorsement or approval by us of such Third Party Content or third party, or by such third party of us. We do not assume any responsibility or liability for Third Party Content.
2. Links.
The Website may contain links and enable the Customer to purchase products and services from our partners, vendors or other third parties’ landing pages or websites, that are not owned or controlled by Xyte. Xyte is not affiliated with, has no control over and assumes no responsibility for the products, services and practices of any third party landing pages or websites, including the Website. The Customer is solely responsible and liable for its own use of the Website and linking to third party landing pages or websites, any Content that Customer may send or post to a third party website, and any products or services that Customer may purchase from such third party landing pages or websites. Furthermore, the Customer expressly releases Xyte from any and all liability arising from the Customer’s use of the Website and any third party landing pages or website. Accordingly, Xyte encourages Customer to read the terms and conditions and privacy policies of the Website and each third party landing page or website that Customer may choose to visit before the Customer engages in any such activity, including with respect to any products and services the Customer wishes to purchase.
3. Privacy Policy.
We will use any personal information that we may collect or obtain in connection with the Website in accordance with our privacy policy which is available at https://www.xyte.io/privacy-policy. You agree that we may use personal information that you provide or make available to us in accordance with the privacy policy.
4. Applicability of Terms.
4.1. Service Subscription. If you subscribe to our Service or engage with us directly for the purpose of registration to our platform and use the Service, Xyte’s End User License Agreement (“EULA”) available at https://www.xyte.io/terms-of-service will apply and govern your use of the Service.
4.2. Product Purchase. If you purchase products from our vendors through the Website, the terms and conditions of the respective vendor will apply (“Vendor Terms”). It is hereby clarified that Xyte is not responsible for the Vendor Terms and disclaims and Xyte plays no part in agreements between you and the respective vendor. Xyte shall have no liability or obligation arising from any interaction, communication, engagement and/or transaction between you and the respective vendor.
4.3. Order of Precedence. In the event of any conflict, inconsistency or discrepancy between the terms of these Terms, the Vendor Terms and the EULA, the following order of precedence shall apply in the following order of priority, provided that at all times, the terms of the EULA shall control with respect to Customer’s use of the Service: 1) the EULA; 2) these Terms; and 3) the Vendor Terms. Any preprinted terms on any quotation, acknowledgment, invoice, click-wrap license, shrink-wrap license or similar documents which conflict with these Terms are deemed superseded by these Terms.
5. Intellectual Property.
All intellectual property rights, including but not limited to, any and all inventions (whether patentable or not) patents, copyrights (including moral rights), trademarks, proprietary information and any other similar rights (“Intellectual Property Rights”) embodied in Xyte Content, including any derivatives thereof, are and shall remain the property of Xyte and/or its licensors, and no license or other rights to the Intellectual Property Rights is granted or implied hereby to have been granted to the Customer by Xyte, now or in the future.
6. Product Responsibility.
It is hereby clarified that Xyte provides white-label services to its vendors, and the Service, among others, is designed to enhance the overall functionality of Xyte vendor’s products but does not extend to assuming responsibility for the operation or performance of the products themselves. Xyte expressly disclaims any liability or responsibility for the products offered by its vendors and their operation, and Xyte will not be liable in any manner for the quality or performance of any products offered by its vendors. Xyte does not provide any warranty or guarantee for such products, and any issues or concerns regarding the products should be addressed directly to the respective vendor. The Customer is encouraged to review the Vendor Terms for any product-related concerns.
7. AI Features.
Xyte may utilize artificial intelligence tools and/or features (collectively, “AI Features”) as part of its Service. These AI Features may involve data processing, analysis, automation and content generation to enhance the functionality and effectiveness of the Service offered. Customer acknowledges that AI Features are provided on an “AS-IS” and “AS-AVAILABLE” basis, without warranties of any kind. The output generated by these AI Features may not be unique and could be similar or identical to outputs generated for third parties. The Customer is solely responsible for evaluating and verifying (including human reviews) the suitability and appropriateness of any artificial intelligence-generated output for their use. By using AI Features, the Customer agrees to comply with all applicable laws related to the use of AI Features in the Service, including privacy and artificial intelligence regulations. The Customer must have all necessary permissions and consents to use the AI Features and must inform data subjects about potential artificial intelligence processing of their information. The Customer is responsible for the outputs and their use, ensuring they do not infringe on third-party rights.
8. Warranty Disclaimers.
8.1. TO THE EXTENT PERMITTED BY APPLICABLE LAW, XYTE CONTENT AND THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. XYTE HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU AGREE THAT XYTE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM THE WEBSITE. WE DO NOT WARRANT, ENDORSE OR GUARANTEE THE WEBSITE, THIRD PARTY CONTENT AND ANY PRODUCT OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE WEBSITE BY OUR VENDORS OR ANY THIRD PARTY AND YOUR RELIANCE ON, OR USE OF, ANY THIRD PARTY CONTENT OR INTERACTION WITH ANY VENDOR, IS AT YOUR SOLE RISK.
8.2. YOU SPECIFICALLY ACKNOWLEDGE THAT XYTE SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY CONTENT OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL OR NEGLIGENT CONDUCT) OF ANY VENDOR AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. XYTE DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS ON THE WEBSITE, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY THIRD PARTY CONTENT.
8.3. XYTE DOES NOT FORMALLY ENDORSE ANY VENDORS OR THEIR PRODUCTS. IT IS UP TO EACH CUSTOMER TO ENSURE THAT THE VENDORS AND THEIR PRODUCTS AND SERVICES MEET THE CUSTOMER’S NEEDS. XYTE DOES NOT HAVE CONTROL OVER ANY VENDORS’ BUSINESS OR THEIR REPRESENTATIONS, AND XYTE IS NOT LIABLE FOR ANY ACT AND OMISSION OF THE VENDORS. XYTE IS NOT RESPONSIBLE FOR THE CONTENT, QUALITY OR THE LEVEL OF SERVICE PROVIDED BY THE VENDORS. IF YOU ARE UNHAPPY WITH OR HAVE A DISPUTE WITH ONE OR MORE VENDORS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE XYTE FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. XYTE DOES NOT PROVIDE ANY TYPE OF INSURANCE WITH REGARD TO YOUR USE OF THE VENDOR’S PRODUCTS. XYTE MAKES NO REPRESENTATIONS ABOUT AND DOES NOT GUARANTEE, AND YOU AGREE NOT TO HOLD XYTE RESPONSIBLE FOR THE: (I) QUALITY, SAFETY OR LEGALITY OF THE VENDOR’S PRODUCTS; AND (II) ABILITY OF VENDORS TO DELIVER THEIR PRODUCTS.
8.4. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, XYTE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE WEBSITE.
8.5. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT XYTE’S VENDORS ARE SOLELY RESPONSIBLE FOR ALL THE ACTIVITIES CONDUCTED WITHIN THEIR ACCOUNT, INCLUDING BUT NOT LIMITED TO THE MANAGEMENT OF ACCOUNT SETTINGS, PERMISSIONS GRANTED TO THIRD PARTIES AND ANY DISCLOSURES OR PUBLICATIONS OF INFORMATION RELATING TO THE CUSTOMER. XYTE SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR THE MANNER IN WHICH XYTE’S VENDORS MANAGE THEIR ACCOUNT, THE PERMISSIONS XYTE’S VENDORS GRANT UNDER THEIR ACCOUNT OR ANY ACTIONS TAKEN BY XYTE’S VENDORS IN RELATION TO THE CUSTOMER. TO THE EXTENT XYTE’S VENDORS PROVIDE ACCESS TO THE CUSTOMER’S INFORMATION (SUCH AS DEVICE DATA), SHARES THE CUSTOMER’S DATA WITH THIRD PARTIES OR PUBLISHES THE NAMES OR OTHER INFORMATION OF THE CUSTOMER, XYTE’S VENDORS ARE SOLELY RESPONSIBLE FOR ENSURING THAT THEY HAVE OBTAINED ALL NECESSARY CONSENTS, PERMISSIONS AND AUTHORIZATIONS FROM THE CUSTOMER TO SHARE OR PUBLISH SUCH DATA AND XYTE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES OR LOSSES ARISING FROM OR RELATED TO XYTE’S VENDORS SHARING OR PUBLICATION OF THE CUSTOMER’S INFORMATION OR XYTE’S VENDORS’ FAILURE TO OBTAIN APPROPRIATE CONSENTS, PERMISSIONS OR AUTHORIZATIONS.
8.6. FURTHERMORE, CUSTOMER HEREBY UNDERSTAND AND ACKNOWLEDGE THAT WHEN ACCESSING AND/OR USING AI FEATURES: (A) CUSTOMER SHALL BE SOLELY RESPONSIBLE AND LIABLE FOR THE INPUT AND THE OUTPUT AND THE CONSEQUENCES OF CREATING, USING OR SHARING THEM; (B) CUSTOMER MAY BE EXPOSED TO OUTPUT FROM A VARIETY OF SOURCES AND FORMS; AND (C) XYTE IS NOT RESPONSIBLE AND TAKES NO LIABILITY FOR THE ACCURACY, USEFULNESS, INTEGRITY, LAWFULNESS, COMPLIANCE WITH ANY LAWS, REGULATIONS OR LEGAL REQUIREMENTS, TITLE OR INFRINGEMENT, FUNCTIONALITY OR INTELLECTUAL PROPERTY RIGHTS OF, OR RELATING TO, SUCH INPUT AND/OR THE OUTPUT. THE USE OF AI FEATURES IS AT CUSTOMER’S OWN RISK AND CUSTOMER HEREBY AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES CUSTOMER MAY HAVE AGAINST XYTE WITH RESPECT TO THE AI FEATURES AND/OR ANY OUTPUT GENERATED THEREOF.
9. Data Sharing.
The Customer acknowledges and agrees that, by using the Service, certain data and information regarding its identity, managed customers, device data, digital products in its possession etc. may be made available to, and automatically shared with, the relevant device manufacturers (i.e., Xyte’s vendors). The Customer further acknowledges and agrees that such disclosure is an inherent feature of the Service and may include, without limitation, the Customer’s name and details of the devices or digital products it possesses.
10. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XYTE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR ANY LOSS OF REVENUE, REPUTATION, PROFITS, DATA, DATA USE OR THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES, EVEN IF XYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XYTE’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED $100.
11. Governing Law.
These Terms shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to any conflicts of laws rules or principles. The competent courts of the city of New York, New York shall have the exclusive jurisdiction with respect to any dispute and action arising under or in relation to these Terms.
12. Customer Reference.
During the term of these Terms, Xyte may use the trademarks, service marks, trade names, service names, logos or other brand designations of Customer in any promotional material or other public announcement or disclosure to identify Customer as a partner of Xyte or user of the Service, on Xyte’s website, marketing materials, presentations or otherwise. Upon Customer’s written request Xyte will remove such reference.
13. Miscellaneous.
You and Xyte are independent contractors and nothing in these Terms creates a partnership, joint venture, agency or employment relationship. Xyte may assign these Terms (or any of its rights and/or obligations hereunder) without your consent, and without notice or obligation to you. These Terms are personal to you, and you shall not assign these Terms (or any of your obligations or rights hereunder) without Xyte’s prior written consent. Any prohibited assignment shall be null and void. Xyte reserves the right to modify these Terms at any time and your continued use of the Website thereafter means that you accept those modifications. You must not, under any circumstances make or undertake any warranties, representations, commitments or obligations on behalf of Xyte. These Terms shall constitute the entire agreement between you and Xyte concerning the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
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Last Updated: July, 2025
