Xynyx Terms of Service

These terms govern use of the Xynyx platform, operated by RepresentMe Talent Systems LLC, a Texas limited liability company ("Xynyx," "we," "us"), by the organization that subscribes ("Customer," "you") and the people you authorize to use it.

By creating an account or using the Service, you agree to these terms. If you are accepting on behalf of a company, you confirm you have authority to bind it.

1. What the Service does

Xynyx collects product feedback, helps you decide what to build, and drafts changes to your own software. It connects to a source code repository you nominate, opens pull requests against it, and runs your checks.

Nothing merges without a human on your side approving it. That gate is a core part of the Service and of how responsibility is allocated under section 5.

2. Your account and the people on it

You choose who has access and what each person can do. A founder can appoint designates and grant them specific permissions, including permission to approve changes.

Actions taken by anyone you authorize are your actions. Keep your roster and permissions current, keep credentials secure, and tell us promptly if you believe an account has been compromised.

3. Fees

Fees are those presented at checkout for the plan you select. Subscriptions renew automatically for the same period until cancelled. Payments are processed by Stripe; we do not receive or store your card details.

Fees are non-refundable except where required by law. We may suspend the Service for non-payment after giving you notice and a reasonable chance to cure. We may change pricing for a renewal term with at least 30 days' notice before that term begins.

4. Repository access, and who owns what

You keep everything you already own. Your code, your data, your feedback submissions, and your trademarks remain yours. We claim no ownership in them.

You own the output. As between you and us, you own the code, pull requests, specifications, and other work product Xynyx generates for you, subject to your payment of fees. To the extent we hold any rights in that output, we assign them to you.

You grant us the access needed to do the work. You grant Xynyx a non-exclusive licence to access, copy, and modify your repository and data solely to operate the Service for you. We do not use your code or data to train models, and we do not use them for any customer other than you. You may revoke repository access at any time through your source control provider.

We keep our platform. Xynyx, its interfaces, and the underlying software remain ours. Nothing here transfers them to you.

5. Review is yours — this is the important one

Xynyx uses large language models. Model output can be wrong, incomplete, or insecure, and it can look convincing while being any of those things.

You are responsible for reviewing every change before it reaches your production systems. The approval gate exists so that a person at your organization makes that call. We provide the evidence — diffs, check results, console output — to make the review meaningful, but we do not make the decision and we are not a substitute for your own code review, testing, or security practice.

If you configure the Service to reduce or automate approvals, you accept the consequences of doing so.

6. Feedback collected through Aura

If you embed the Aura widget in your product, submissions come from your users and are your data. You are responsible for giving those users whatever notice and choices your law requires, and for having a lawful basis to collect what you collect.

Tell your users not to submit sensitive personal information, and be aware that screenshots may capture whatever is on screen. We process these submissions on your instructions as described in the Privacy Policy.

7. Acceptable use

Do not use the Service to:

• build or distribute malware, credential harvesters, or tooling whose purpose is unauthorized access to systems you do not control;
• direct Xynyx at a repository you are not authorized to change;
• attempt to extract another customer's data, or to circumvent tenancy or permission controls;
• submit content that is unlawful, infringing, or that you have no right to provide; or
• resell or provide the Service to a third party except under a written arrangement with us.

We may suspend access immediately where we reasonably believe continued use threatens the security or integrity of the Service or another customer.

8. Your other accounts

Some workflows need your own accounts with third parties. We do not take custody of your API keys or credentials. We tell you what to provision and link you to the provider; you complete setup there and confirm it. Your use of those services is governed by their terms, not ours.

9. Confidentiality

Each of us may learn non-public information about the other. Each will protect it with at least reasonable care and use it only to perform under these terms. This does not cover information that is public through no fault of the recipient, independently developed, or required to be disclosed by law — where, if permitted, the recipient will give notice first.

10. Term, termination, and what happens to your data

Either of us may terminate at the end of the then-current subscription period. Either may terminate sooner for a material breach the other fails to cure within 30 days of notice.

On termination we stop accessing your repository. You may export your data during the subscription period and for 30 days afterwards; after that we may delete it. Sections 4, 5, 9, 11, 12, 13, and 15 survive.

11. Disclaimer

The Service is provided "as is." To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted or error-free, or that model output will be correct, secure, or suitable for your purpose. See section 5.

12. Limitation of liability

Neither of us is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised such damages were possible.

Our total liability arising out of or relating to these terms will not exceed the fees you paid us in the twelve (12) months before the event giving rise to the claim.

These limits do not apply to your payment obligations, to either party's breach of section 9, or to liability that cannot be limited by law.

13. Indemnification

You will defend and indemnify us against third-party claims arising from your data, your use of the Service in breach of these terms, or changes you approved and deployed. We will defend and indemnify you against third-party claims that the Service as provided by us infringes their intellectual property. The indemnified party must give prompt notice and reasonable cooperation, and the indemnifying party controls the defence.

14. Changes to these terms

We may update these terms. Material changes take effect at your next renewal, or 30 days after we post them and notify you, whichever is later. Continued use after that constitutes acceptance. The version in force is published at xynyx.ai/terms.

15. Governing law

These terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. The exclusive venue for disputes is the state and federal courts located in Texas, and each of us consents to their jurisdiction.

16. General

These terms and the Privacy Policy are the entire agreement between us on this subject. If any provision is unenforceable, the rest stays in force. Neither of us may assign without the other's consent, except to a successor in a merger or sale of substantially all assets. A delay in enforcing a right is not a waiver of it.

17. Contact

RepresentMe Talent Systems LLC Email: legal@xynyx.ai Web: xynyx.ai