Terms of Service

Please read these terms of service carefully before using our service.

Terms of Use

Last updated: July 20, 2025

These Terms of Service ("Terms") constitute a legally binding agreement between you and Xen ("we," "us," or "our") regarding your access to and use of the Xen Chrome Extension and the associated web platform (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

1. SERVICE DESCRIPTION

Xen is an open-source Chrome Extension that provides AI Replies to X/Twitter. Our Services are offered under two primary models:

  1. -Using your own API key: The Xen Chrome Extension allows you to configure and use your own API keys for AI providers (e.g., OpenAI, Mistral AI). In this model, the extension directly communicates with your chosen AI provider, and you are solely responsible for your relationship with that provider, including their terms of service and privacy policies.
  2. -Using our managed subscription service: We offer a subscription service where we manage the AI API keys and infrastructure, providing a streamlined experience. This service may include enhanced features in the future. Your use of this service is subject to these Terms and any specific subscription agreements.

2. ELIGIBILITY

You must be at least 18 years old to use our Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

3.3 Administrative Accounts

If you register for an account as an administrator on behalf of an organization, you are responsible for managing user access, ensuring compliance with these Terms by all users, and controlling the collection and use of feedback within your organization.

4. LICENSE AND INTELLECTUAL PROPERTY

4.1 License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

4.2 Intellectual Property Rights

All rights, title, and interest in and to the Services, including all intellectual property rights therein, are and will remain our exclusive property. Nothing in these Terms shall be construed as granting you any right, title, or interest in our intellectual property.

4.3 Feedback

Any feedback, suggestions, ideas, or recommendations you provide regarding the Services ("Feedback") may be used by us without any obligation to compensate you, and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into our Services.

5. ACCEPTABLE USE

5.1 Compliance with Laws

You agree to use the Services in compliance with all applicable laws, regulations, and these Terms.

5.2 Prohibited Activities

You shall not:

  • -Use the Services for any illegal purpose or in violation of any laws
  • -Interfere with or disrupt the integrity or performance of the Services
  • -Attempt to gain unauthorized access to the Services or related systems
  • -Use the Services to harass, abuse, or harm others
  • -Collect or harvest any information from the Services unless expressly permitted
  • -Use the Services to transmit any viruses, malware, or other harmful code
  • -Impersonate any person or entity or falsely state or misrepresent your affiliation
  • -Attempt to reverse engineer, decompile, or disassemble any portion of the Services

6. USER CONTENT AND PRIVACY

6.1 User Content

Any content you submit to the Services ("User Content") remains your property. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such User Content for the purposes of providing and improving the Services.

6.2 Privacy

Our collection and use of personal information in connection with the Services is governed by our Privacy Policy, available at https://xen.bineta.io/privacy.

7. AI FEATURES AND THIRD-PARTY SERVICES

7.1 AI-Powered Features

Our Services include features powered by artificial intelligence to generate replies to X/Twitter content. The processing of your data by AI is dependent on your chosen usage model:

A. When using your own API key with the Xen Chrome Extension:

  • -The Xen Chrome Extension directly sends your AI prompts and relevant X/Twitter content to the AI provider you configure (e.g., OpenRouter) using your API key. We do not intercept, store, or process this data.
  • -Your use of the AI provider's services is governed by their respective terms of service and privacy policies. You are solely responsible for complying with those terms.

B. When using our managed subscription service:

  • -If you opt for our managed subscription service, your AI requests (including X/Twitter content and prompts) are routed through our backend to third-party AI service providers. We process this data solely for the purpose of providing the AI reply service.
  • -We use third-party AI service providers (e.g., Mistral AI, OpenAI, Anthropic, Google Cloud AI, OpenRouter). By using our managed subscription service, you agree to the processing of your data by these providers as described in our Privacy Policy.

7.2 Third-Party Services

The Services may integrate with or enable access to other third-party services. Your use of such third-party services may be subject to additional terms and conditions from those providers.

8. SUBSCRIPTION AND PAYMENT TERMS

8.1 Subscription Model

Our managed subscription service is offered on a subscription basis. Access to certain features and functionalities within this service requires payment of subscription fees as outlined on our website or in a separate order form or agreement. If you are using the Xen Chrome Extension with your own API key, this section does not apply to you regarding payments to Xen, but you are responsible for any costs associated with your AI provider.

8.2 Billing and Renewal

Subscriptions for our managed service will automatically renew for successive periods unless canceled prior to the renewal date. You authorize us to charge your payment method for all fees due.

8.3 Taxes

All fees are exclusive of taxes. You are responsible for all taxes associated with your use of our managed subscription service, except for taxes based on our net income.

8.4 Refunds

Fees for our managed subscription service are non-refundable except as required by law or as expressly stated in these Terms.

9. DATA RETENTION

We will retain your information, including account details and any data processed through our managed subscription service, for as long as your account is active or as needed to provide you with the Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Upon account termination, we may delete or anonymize your information after a reasonable period, unless legal requirements prevent us from doing so.

Note: If you use the Xen Chrome Extension with your own API key, we do not retain any of your X/Twitter content, AI prompts, or AI responses.

10. TERM AND TERMINATION

10.1 Term

These Terms will remain in effect until terminated by you or us.

10.2 Termination by You

You may terminate these Terms by discontinuing use of the Services and closing your account.

10.3 Termination by Us

We may suspend or terminate your access to the Services at any time for any reason without notice, including if we believe you have violated these Terms.

10.4 Effect of Termination

Upon termination, your right to access and use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

11. DISCLAIMERS AND LIMITATIONS OF LIABILITY

11.1 Service Provided "As Is"

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.3 Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.4 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law principles.

13.2 EU Users

If you are an EU consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

13.3 Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall first be attempted to be resolved through good faith negotiations. If such negotiations fail, all disputes shall be resolved by binding arbitration in Warsaw, Poland, except that you may assert claims in small claims court if your claims qualify.

13.4 Class Action Waiver

ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

14. COMPLIANCE WITH LAWS

14.1 EU Data Protection

For users in the European Union, we comply with the General Data Protection Regulation (GDPR). For more information about how we protect your data and your rights under the GDPR, please refer to our Privacy Policy.

14.2 US Data Protection

For users in the United States, we comply with applicable state and federal data protection laws, including the California Consumer Privacy Act (CCPA) where applicable. For more information about your rights under US data protection laws, please refer to our Privacy Policy.

15. CHANGES TO TERMS

We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes to these Terms, we will provide notice through the Services or by other means. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

16. MISCELLANEOUS

16.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.

16.2 Waiver

No failure or delay by either party in exercising any right under these Terms shall operate as a waiver of that right.

16.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms at any time without notice.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.