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Terms of Service

Current version: 2026-06-12

Company: Xile Software AB
Registration Number: 559101-3452
Registered Office: Malmö, Sweden

1. Introduction

  1. 1.1These Terms of Service (Terms) govern the provision of subscription-based website services (Service) by Xile Software AB (Xile, we, us) to the customer (Client, you).
  1. 1.2By subscribing to or using the Service, the Client agrees to these Terms.

2. The Service

  1. 2.1Xile Software AB provides subscription-based website solutions built on a proprietary modular system.
  1. 2.2The Service may include website development within defined plan scope, hosting, CMS access, security features, ongoing maintenance, technical infrastructure, and ticket-based support.
  1. 2.3The exact features, limitations, response times, and service levels are defined in the Client's selected subscription plan.
  1. 2.4Only services explicitly included in the selected subscription plan form part of the agreement.

3. Subscription and Fees

  1. 3.1The Service is provided on a recurring subscription basis, monthly or annually.
  1. 3.2Fees are payable in advance.
  1. 3.3All prices are exclusive of VAT unless otherwise stated.
  1. 3.4Fees are non-refundable unless required by mandatory law.
  1. 3.5Xile reserves the right to adjust pricing with reasonable prior notice.
  1. 3.6Additional services requested outside the scope of the selected subscription may be subject to separate fees and agreement.

4. Scope of Service

  1. 4.1The subscription includes only the services expressly described in the selected plan.
  1. 4.2Any work, changes, or services not included in the plan may require a separate agreement and additional compensation.
  1. 4.3Xile reserves the right to determine whether a request falls within the scope of the subscription.

5. Support and Communication

  1. 5.1Support is provided through the designated ticket system.
  1. 5.2Response times are defined in the Client's selected subscription plan and are calculated in working days, Monday to Friday, excluding Swedish public holidays.
  1. 5.3Response time refers to initial response, not resolution time.
  1. 5.4Unused support capacity does not roll over unless expressly stated in the subscription plan.

6. Client Responsibilities

  1. 6.1The Client is responsible for providing accurate and lawful content.
  1. 6.2The Client is responsible for ensuring that all materials provided do not infringe third-party rights.
  1. 6.3The Client is responsible for maintaining login credentials securely.
  1. 6.4The Client is responsible for ensuring compliance with applicable laws and regulations.
  1. 6.5The Client is responsible for maintaining ownership and renewal of domain names unless otherwise agreed.
  1. 6.6The Client is responsible for implementing legally required policies such as privacy policy and cookie notices.
  1. 6.7The Client is solely responsible for the legality and accuracy of website content.

7. Domain Names

  1. 7.1If Xile registers or manages a domain name on behalf of the Client, the Client remains the beneficial owner unless otherwise agreed.
  1. 7.2Domain registration and renewal fees are billed separately.
  1. 7.3The Client is responsible for ensuring timely renewal unless Xile has explicitly agreed to manage renewals.
  1. 7.4Xile is not responsible for loss of domain due to non-payment or incorrect Client information.

8. Intellectual Property

8.1 Client Content

  1. 8.1.1The Client retains ownership of all content provided, including text, images, logos, and branding materials.
  1. 8.1.2The Client grants Xile a non-exclusive license to use such content for the purpose of delivering the Service.

8.2 Xile System and Framework

  1. 8.2.1All software, code, system architecture, templates, modules, infrastructure, and technical frameworks used to provide the Service remain the exclusive property of Xile Software AB.
  1. 8.2.2The Service grants the Client a non-transferable, non-exclusive right to use the system during an active subscription.
  1. 8.2.3No ownership rights to the underlying system or code are transferred to the Client.
  1. 8.2.4Upon termination, the right to use the system ceases.

8.3 Customer References

  1. 8.3.1Unless otherwise agreed in writing, the Client grants Xile a non-exclusive, worldwide, royalty-free right to identify the Client as a customer and to use the Client's company name, logo, domain name, screenshots, video captures, and non-confidential descriptions of publicly available website pages or project work as customer references.
  1. 8.3.2Such customer references may be used in Xile's portfolio, case studies, sales material, proposals, website, social media, presentations, and other marketing or business development channels.
  1. 8.3.3Xile will not knowingly include confidential information, unpublished materials, private administration areas, non-public personal data, performance data, analytics data, pricing, commercial terms, or internal business information in customer references unless separately approved by the Client.
  1. 8.3.4If the Client does not want to be used as a customer reference, or wants a published customer reference removed, the Client may notify Xile in writing. Xile will stop future use and remove or replace the relevant online material within a reasonable time. Printed, archived, or already distributed material may remain until reasonably replaceable.
  1. 8.3.5The Client confirms that it has the necessary rights to allow Xile to use logos, branding, images, and other materials provided by the Client or publicly displayed on the Client's website for the limited customer reference purposes described in this section.

9. Data Protection and GDPR

  1. 9.1The Client acts as Data Controller for personal data collected via the website.
  1. 9.2Xile Software AB acts as Data Processor in accordance with the EU General Data Protection Regulation, GDPR.
  1. 9.3A separate Data Processing Agreement, DPA, forms part of these Terms and governs the processing of personal data.
  1. 9.4The Client is responsible for publishing a legally compliant privacy policy.
  1. 9.5The Client is responsible for implementing cookie consent mechanisms where required.
  1. 9.6The Client is responsible for ensuring lawful basis for data collection.
  1. 9.7The Client is responsible for managing third-party data processing agreements.

10. Backups and Data

  1. 10.1Xile performs routine system-level backups for operational purposes.
  1. 10.2The Client is responsible for maintaining independent copies of critical content if required.
  1. 10.3Xile does not guarantee restoration of deleted or modified content caused by Client actions.
  1. 10.4Backup restoration outside normal system recovery may incur additional fees.
  1. 10.5Xile is not liable for data loss caused by third-party services, integrations, force majeure events, or circumstances beyond reasonable control.

11. Availability and Modifications

  1. 11.1Xile may update, improve, or modify parts of the Service or system architecture to maintain quality, security, and scalability.
  1. 11.2Such modifications will not materially reduce the overall functionality of the subscribed plan.
  1. 11.3Xile does not guarantee uninterrupted or error-free operation.

12. Non-Payment

  1. 12.1If payment is overdue, Xile may issue a reminder.
  1. 12.2If payment remains overdue, the Service may be suspended.
  1. 12.3The website may be taken offline.
  1. 12.4Data may be permanently deleted after a reasonable period of continued non-payment.
  1. 12.5Reactivation may require payment of outstanding fees and additional charges.

13. Suspension and Termination

  1. 13.1Xile may suspend or terminate the Service if the Client breaches these Terms.
  1. 13.2Xile may suspend or terminate the Service if illegal or infringing content is published.
  1. 13.3Xile may suspend or terminate the Service if the Service is misused.
  1. 13.4Xile may suspend or terminate the Service if payment obligations are not fulfilled.
  1. 13.5The Client may terminate the subscription according to the terms of the selected billing cycle.
  1. 13.6Upon termination, the right to use the system ceases.
  1. 13.7Upon termination, the website may be taken offline.
  1. 13.8Upon termination, Client content may be provided in a reasonable export format upon request within a limited period.

14. Limitation of Liability

  1. 14.1To the maximum extent permitted by law, Xile shall not be liable for indirect, incidental, or consequential damages.
  1. 14.2To the maximum extent permitted by law, Xile shall not be liable for loss of profits, revenue, data, or business opportunities.
  1. 14.3To the maximum extent permitted by law, Xile shall not be liable for downtime caused by third-party providers.
  1. 14.4Xile's total liability under these Terms shall not exceed the total amount paid by the Client during the three months preceding the claim.
  1. 14.5Nothing in these Terms limits liability where such limitation is prohibited by law.

15. Force Majeure

  1. 15.1Xile is not liable for delay or failure to perform obligations due to events beyond reasonable control, including but not limited to natural disasters, governmental actions, labor disputes, cyberattacks, or infrastructure failures.

16. Governing Law and Disputes

  1. 16.1These Terms are governed by Swedish law.
  1. 16.2Any dispute arising out of or in connection with these Terms shall be settled by Swedish courts, with Malmö District Court (Malmö tingsrätt) as the court of first instance.

17. Changes to These Terms

  1. 17.1Xile reserves the right to update these Terms from time to time.
  1. 17.2Material changes will be communicated in advance.
  1. 17.3Continued use of the Service after such changes constitutes acceptance of the updated Terms.