1) Account & Eligibility

• You must be authorized by your organization to use the Service and keep your credentials confidential.
• You are responsible for activity under your account. Notify security@xyberiq.io of suspected compromise.

2) License & Access

Subject to these Terms and payment (if applicable), XyberIQ grants a limited, non-exclusive, non-transferable, revocable right for authorized users to access and use the Service for internal business training and compliance enablement.

3) Acceptable Use

• No unlawful, infringing, or abusive content or activity.
• No reverse engineering, scraping, or circumventing security.
• No sharing of credentials or reselling the Service without permission.
• No uploading confidential data beyond what is necessary for training/records.

4) Customer Data & Ownership

“Customer Data” means data you or your organization provides, including user info and training records. As between you and XyberIQ, your organization owns Customer Data. You grant XyberIQ a limited license to process Customer Data to provide and improve the Service in accordance with the Privacy Policy and any DPA.

5) Confidentiality

Each party may access the other’s confidential information. The receiving party will use it only to perform under these Terms and protect it with reasonable measures.

6) Compliance Responsibilities

XyberIQ is a training and enablement platform—not an auditor, assessor, or legal advisor. You are responsible for your organization’s regulatory compliance and for configuring training, policies, and retention appropriate to your obligations (HIPAA, CMMC, PCI-DSS, SOC 2, SOX, GDPR, etc.).

7) Third-Party Services & Integrations

Integrations (e.g., HRIS, SSO, LMS, ticketing) are provided “as-is” and may be subject to third-party terms. We are not responsible for third-party failures.

8) Availability; Beta Features

We aim for high availability but do not guarantee uninterrupted service. Beta/preview features are provided for evaluation without warranty and may change or end.

9) Fees, Billing & Taxes

• Fees and terms are as stated in your order or subscription page.
• Unless otherwise stated, fees are non-refundable once the term starts.
• You are responsible for applicable taxes (excluding XyberIQ’s income taxes).

10) Term & Termination

• These Terms apply while you access the Service. Subscriptions renew per your order unless canceled under its terms.
• Either party may terminate for material breach not cured within 30 days’ notice.
• Upon termination, access ends. We will make Customer Data export available for a limited period as described in our data-retention practices.

11) Warranties & Disclaimers

We provide the Service with reasonable skill and care. Except as expressly stated, the Service is provided “AS IS.” XyberIQ disclaims all implied warranties (merchantability, fitness for a particular purpose, non-infringement).

12) Limitation of Liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits/revenue, even if advised of the possibility. Except for confidentiality or indemnification obligations, each party’s total aggregate liability arising out of or related to the Service is capped at the amounts paid or payable to XyberIQ for the 12 months preceding the event giving rise to the claim.

13) Indemnification

• By XyberIQ: We will defend/indemnify against third-party claims that the Service infringes IP rights, subject to customary exclusions and your prompt notice/cooperation.
• By Customer: You will defend/indemnify XyberIQ against third-party claims arising from Customer Data, use in violation of the Terms, or law/policy breach.

14) Privacy & Security

Our processing of personal data is described in the Privacy Policy. If a DPA or BAA is required, contact privacy@xyberiq.io.

15) Export & Sanctions

You will comply with U.S. and international export controls and sanctions. You may not use the Service in embargoed countries or for prohibited end uses.

16) Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. Courts located in Travis County, Texas shall have exclusive jurisdiction, unless the parties agree to binding arbitration in Austin, Texas under mutually agreed rules.

17) Changes to the Service or Terms

We may modify the Service and these Terms. Material changes will be communicated to admins. Continued use after changes take effect constitutes acceptance.

18) Notices

Notices to XyberIQ: legal@xyberiq.io (with copy to [mailing address]). Notices to you may be provided in-app or to your admin email.

19) General

No waiver unless in writing. If a provision is unenforceable, the rest remains in effect. Neither party may assign without consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets.

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Questions? Contact support@xyberiq.io.