EXXISTA TERMS & CONDITIONS

Effective Date: August 28, 2026
Last Updated: August 28, 2026

1. INTRODUCTION AND ACCEPTANCE OF TERMS

Welcome to Exxista.

These Terms and Conditions (“Terms”) constitute a legally binding agreement governing access to and use of the websites, software, artificial intelligence tools, AI agents, automation services, integrations, APIs, applications, communications systems, dashboards, digital services, and other products and services provided by Exxista (“Exxista,” “we,” “us,” or “our”), collectively referred to as the “Services.”

By creating an account, purchasing a subscription, accessing the Services, connecting a third-party application, deploying an AI agent or automation, or otherwise using the Services, you agree to be bound by these Terms.

If you are using the Services on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms. In such circumstances, “you” and “Customer” refer to that entity.

If you do not agree to these Terms, you must not access or use the Services.

2. ABOUT EXXISTA

Exxista provides technology designed to help businesses integrate artificial intelligence and automation into everyday operations.

Depending upon the Services selected, Exxista may enable customers to:

Deploy AI-powered agents
Automate repetitive business processes
Automate customer communications
Manage or qualify leads
Assist with sales processes
Automate follow-up activities
Support customer service operations
Schedule appointments
Generate or analyze business information
Connect business applications
Integrate third-party software
Execute automated workflows
Process communications
Retrieve and organize information
Generate reports and summaries
Assist employees and teams
Coordinate activities across software systems
Perform other AI-assisted or automated business functions

The exact functionality available depends upon the customer's subscription, configuration, integrations, permissions, third-party services, and applicable product features.

3. AI AUTOMATION PHILOSOPHY

Exxista is designed around a straightforward principle:

AI should perform useful work for businesses, not simply generate information.

Our Services may therefore enable AI-powered systems to analyze information, communicate, recommend actions, interact with authorized systems, and execute customer-configured workflows.

Automation introduces substantial efficiency, but it also requires responsible configuration and oversight.

Customers remain responsible for determining:

What their AI agents are authorized to do
What systems their AI agents may access
What information their AI agents may process
Which actions may be performed automatically
Which actions require human approval
Who within their organization may configure automations
Whether automated activity is appropriate for a particular business process

Exxista provides the technology. Customers determine how that technology is appropriately deployed within their organizations.

4. ELIGIBILITY

You must have the legal capacity to enter into a binding agreement to use the Services.

If you use Exxista on behalf of a business or organization, you represent and warrant that:

You have authority to act on behalf of that organization;
You have authority to bind the organization to these Terms; and
Your organization's use of the Services complies with applicable law.

The Services are primarily intended for business and professional use.

5. CUSTOMER ACCOUNTS

Certain Services require an account.

You agree to provide accurate, current, and complete information when establishing and maintaining your account.

You are responsible for:

Protecting account credentials
Maintaining appropriate password security
Controlling authorized users
Managing account permissions
Protecting API credentials
Protecting integration credentials
Monitoring activity occurring under your account
Promptly notifying Exxista of suspected unauthorized access

You may not share credentials in a manner that circumvents subscription limitations, security controls, or authorized-user restrictions.

You are responsible for activity performed through your account by individuals you authorize to access the Services.

6. AUTHORIZED USERS

Customers may authorize employees, contractors, agents, consultants, or other individuals to access the Services where permitted by the applicable subscription.

The Customer is responsible for its Authorized Users and their compliance with these Terms.

Customers should provide users only the permissions reasonably necessary for their responsibilities.

Exxista may provide role-based permissions, administrative controls, or similar functionality depending upon the applicable Service.

7. AI AGENTS

An “AI Agent” means an artificial intelligence-enabled system configured to assist with, coordinate, or execute one or more tasks or workflows.

AI Agents may operate with varying levels of autonomy depending upon customer configuration.

An AI Agent may, for example:

Retrieve information
Analyze data
Answer questions
Communicate with customers
Draft messages
Send authorized messages
Schedule appointments
Qualify inquiries
Update records
Create tasks
Route information
Trigger workflows
Call authorized APIs
Interact with connected applications
Produce recommendations
Generate business content
Coordinate multiple actions
Perform other configured functions

Customers are responsible for reviewing and approving the permissions granted to AI Agents.

8. AUTOMATED ACTIONS

Some Exxista Services may enable AI Agents or workflows to take actions without requiring manual approval for every individual action.

By enabling such functionality, you authorize Exxista and the applicable systems to perform the configured actions on your behalf within the permissions you establish.

You acknowledge that automated systems can produce unexpected results.

You are responsible for establishing reasonable safeguards appropriate to the potential consequences of an automated action.

For higher-impact activities, Exxista strongly recommends appropriate human review and approval mechanisms.

9. HUMAN OVERSIGHT

AI is a powerful business tool, but it is not infallible.

Customers should determine where human oversight is appropriate based upon the nature and potential consequences of the applicable workflow.

AI-generated recommendations, communications, analyses, classifications, or actions should be independently reviewed where they could materially affect:

Legal rights
Employment
Credit
Housing
Healthcare
Insurance
Financial decisions
Safety
Regulatory obligations
Contractual rights
Other consequential decisions

Customers remain responsible for business decisions made using the Services.

10. AI OUTPUTS

Artificial intelligence systems may generate text, analysis, summaries, classifications, recommendations, images, audio, communications, code, structured information, or other outputs (“Outputs”).

AI Outputs may occasionally:

Be inaccurate
Be incomplete
Be outdated
Misinterpret instructions
Contain factual errors
Produce unexpected results
Resemble content generated for other users

You are responsible for evaluating Outputs before relying upon them when appropriate.

Exxista does not guarantee that every AI Output will be accurate, unique, complete, or suitable for a particular purpose.

11. CUSTOMER CONTENT

“Customer Content” means information, files, documents, prompts, instructions, communications, databases, images, audio, records, inputs, and other materials submitted to or processed through the Services by or on behalf of a Customer.

As between Exxista and Customer, Customer retains its rights in Customer Content.

Customer grants Exxista a limited right to host, process, transmit, reproduce, access, and otherwise use Customer Content as reasonably necessary to:

Provide the Services
Execute Customer instructions
Operate AI Agents
Perform automations
Maintain integrations
Provide support
Maintain security
Prevent fraud and abuse
Comply with applicable law

This permission exists only to the extent reasonably necessary to provide and operate the Services or satisfy applicable legal obligations.

12. CUSTOMER RESPONSIBILITY FOR DATA

You represent that you possess all necessary rights, permissions, notices, authorizations, and lawful bases necessary to provide Customer Content to Exxista and permit its processing.

You may not knowingly use the Services to process information in violation of applicable privacy, intellectual property, communications, employment, consumer protection, or other laws.

Customers are responsible for determining whether their use of particular information through an AI Agent or automation is legally permissible.

13. CONNECTED APPLICATIONS

Exxista may allow Customers to connect third-party applications, software, platforms, databases, APIs, and services.

These may include systems relating to:

Customer relationship management
Email
Calendars
Communications
Marketing
E-commerce
Customer service
Accounting
Cloud storage
Scheduling
Telephony
Social media
Data management
Business productivity
Automation
Other business functions

When you authorize an integration, you authorize Exxista to interact with the applicable service within the permissions you grant.

You are responsible for reviewing and managing those permissions.

14. THIRD-PARTY SERVICES

Exxista may depend upon third-party technology providers.

These may include providers of:

Artificial intelligence models
Cloud infrastructure
Hosting
Databases
Communications
Email delivery
SMS
Telephony
Speech recognition
Voice synthesis
Payments
Analytics
Cybersecurity
Authentication
Automation
Software integrations

Third-party services may be governed by separate terms, privacy policies, acceptable-use policies, availability commitments, pricing structures, and technical limitations.

Exxista does not control all aspects of third-party services.

Changes, interruptions, restrictions, pricing changes, API modifications, service discontinuation, or failures involving third-party providers may affect certain Exxista functionality.

15. AI MODEL PROVIDERS

Certain Exxista features may utilize external AI model providers through commercial APIs or other authorized services.

The AI provider used for a particular request may depend upon:

Customer selection
Feature requirements
Model capabilities
Availability
Cost
Performance
Security requirements
Geographic requirements
Technical compatibility

Exxista may add, remove, or change AI providers as our Services evolve.

Where practical, Exxista may provide Customers with options concerning available AI models or providers.

16. INTELLECTUAL PROPERTY

Exxista and its licensors retain all rights, title, and interest in the Services and associated intellectual property.

This includes, as applicable:

Software
Platform architecture
User interfaces
Designs
Workflows
Templates
Automation systems
AI orchestration systems
Documentation
Trademarks
Logos
Branding
Proprietary methodologies
Databases
Technology
Improvements and modifications

Except for the limited rights expressly granted under these Terms, no rights are transferred to the Customer.

17. CUSTOMER OWNERSHIP

As between Customer and Exxista, Customer retains ownership of its pre-existing:

Business information
Customer records
Documents
Trademarks
Proprietary information
Databases
Business processes
Original content

Connecting such information to Exxista does not transfer ownership to Exxista.

18. AI-GENERATED OUTPUT OWNERSHIP

To the extent permitted by applicable law and subject to third-party rights and applicable provider terms, Exxista does not claim ownership of Outputs solely because they were generated through the Customer's use of the Services.

However, AI-generated material may not always qualify for intellectual property protection under applicable law.

Similar or identical Outputs may also be generated for other users.

Customers are responsible for determining whether an Output can lawfully be used, protected, registered, published, commercialized, or relied upon.

19. FEEDBACK

If you voluntarily provide ideas, recommendations, suggestions, or feedback concerning Exxista, you grant Exxista permission to use that feedback to improve or develop our Services without restriction or compensation to you.

This does not grant Exxista ownership of Customer Content or confidential business information merely because such information is provided during ordinary use of the Services.

20. ACCEPTABLE USE

You agree to use Exxista responsibly and lawfully.

You may not use the Services to:

Violate applicable law
Facilitate fraud
Deceive individuals unlawfully
Impersonate others unlawfully
Infringe intellectual property rights
Distribute malware
Conduct unauthorized security attacks
Gain unauthorized access to systems
Facilitate illegal discrimination
Harass or threaten individuals
Distribute unlawful communications
Conduct unlawful surveillance
Circumvent security controls
Facilitate criminal activity
Process unlawfully obtained information
Generate or distribute prohibited content
Abuse third-party APIs or services
Misrepresent AI-generated communications where disclosure is legally required

Exxista may investigate suspected violations and may restrict or suspend access where reasonably necessary to protect users, third parties, our Services, or our legal obligations.

21. COMMUNICATIONS AND OUTREACH

Customers may use certain Exxista Services for business communications.

Customers are responsible for ensuring that communications sent through Exxista comply with applicable laws and regulations governing:

Email marketing
Commercial messaging
SMS
Telemarketing
Automated calls
Do-not-call requirements
Consent
Opt-outs
Call recording
Privacy
Consumer protection

Customers are responsible for obtaining legally required consent before initiating communications.

Exxista may implement technical restrictions intended to reduce abusive or unlawful messaging.

22. VOICE AI AND CALLING

Where Exxista provides AI-powered voice functionality, customers acknowledge that laws concerning automated calls, artificial voices, call recording, consent, telemarketing, and AI disclosure may vary by jurisdiction.

Customers are responsible for determining and complying with applicable requirements before deploying automated voice systems.

Where legally required, customers must provide appropriate disclosure that an individual is communicating with an AI system.

23. AI DISCLOSURE

Customers are responsible for determining whether applicable law requires disclosure that an individual is interacting with artificial intelligence.

Exxista may provide features enabling such disclosures, but the Customer remains responsible for configuring and using them appropriately.

We encourage transparent deployment of AI where a reasonable person could otherwise mistakenly believe they are interacting with a human.

24. SUBSCRIPTIONS

Certain Services are offered on a subscription basis.

Subscription pricing, included features, usage allowances, user limits, AI model access, automation allowances, storage, integrations, and other limits may vary by plan.

Current plan information will be presented at the time of purchase or within the applicable order, proposal, or service agreement.

25. USAGE-BASED SERVICES

Certain Services may involve usage-based charges.

Examples may include:

AI model usage
Tokens
API calls
Voice minutes
Telephone calls
SMS messages
Emails
Storage
Automation executions
Data processing
Premium integrations

Applicable rates and allowances may vary by subscription or service configuration.

Customers are responsible for charges generated through authorized use of their accounts.

26. PAYMENT

You agree to pay all fees associated with your selected Services.

Unless otherwise specified, fees are stated in the currency presented at checkout or in the applicable agreement.

You authorize Exxista and its payment processors to charge your selected payment method for applicable subscription and usage fees.

You are responsible for maintaining valid billing information.

27. AUTOMATIC RENEWAL

Where a subscription is designated as automatically renewing, it will renew at the end of each subscription period unless canceled before the renewal date in accordance with the applicable cancellation procedure.

Applicable renewal terms will be disclosed at purchase.

Prices may change upon renewal where permitted by law and after any required notice.

28. TAXES

Fees may exclude applicable taxes.

You are responsible for sales, use, value-added, withholding, or similar taxes associated with your purchase, except taxes based upon Exxista's net income.

Where legally required, Exxista may collect applicable taxes.

29. CANCELLATION

Customers may cancel subscriptions using the cancellation functionality made available by Exxista or by contacting the designated support channel.

Unless otherwise stated in the applicable subscription terms, cancellation prevents future renewal but does not automatically create a refund for amounts previously paid.

Customers remain responsible for charges incurred before the effective cancellation date.

30. REFUNDS

Refund eligibility, if any, is governed by the refund terms presented at purchase, the applicable subscription plan, order form, proposal, or separate agreement.

Unless otherwise required by law or expressly stated, fees paid for Services already delivered or usage already consumed may be non-refundable.

31. FREE TRIALS AND PROMOTIONS

Exxista may offer free trials, promotional credits, discounts, pilot programs, or introductory pricing.

Additional conditions may apply.

Exxista may modify or discontinue promotional offers where permitted by law.

Promotional credits generally have no cash value unless otherwise expressly stated.

32. FAIR USE AND PLATFORM PROTECTION

Plans described as “unlimited” may remain subject to reasonable technical, security, abuse-prevention, and fair-use restrictions.

Customers may not use automated methods designed primarily to consume excessive resources, circumvent plan restrictions, interfere with other users, or impose unreasonable infrastructure demands.

Exxista may implement reasonable rate limits or usage controls to maintain platform stability.

33. SERVICE MODIFICATIONS

Artificial intelligence technology evolves rapidly.

Exxista may periodically:

Add features
Remove features
Modify functionality
Replace AI models
Change integrations
Update interfaces
Improve automation systems
Modify technical requirements
Change third-party providers

We will seek to provide reasonable notice where a material change significantly affects paid Services when appropriate and practicable.

34. BETA AND EXPERIMENTAL FEATURES

Certain Services may be identified as beta, preview, experimental, early access, or similar.

Such Services may:

Contain errors
Change substantially
Have limited support
Experience interruptions
Be discontinued
Produce unexpected results

Beta functionality should not be used for mission-critical operations unless the Customer accepts the associated risks.

35. SERVICE AVAILABILITY

Exxista seeks to provide reliable Services but does not guarantee uninterrupted operation unless a separate written Service Level Agreement expressly provides otherwise.

Services may occasionally be unavailable due to:

Maintenance
Software updates
Security events
Internet failures
Infrastructure failures
Third-party provider outages
API disruptions
Force majeure events
Circumstances outside our reasonable control

36. CUSTOMER BACKUPS AND BUSINESS CONTINUITY

Customers should maintain appropriate backups of important business information and should not rely upon Exxista as the sole repository for critical records unless the applicable Service expressly provides such functionality.

Customers are responsible for appropriate business-continuity planning for workflows that are critical to their operations.

37. CONFIDENTIAL INFORMATION

Each party may receive non-public information from the other in connection with the Services.

Where applicable, each party agrees to use reasonable measures to protect confidential information and use it only for purposes connected with the Services.

Confidential information does not include information that:

Is publicly available without breach of an obligation
Was lawfully known without confidentiality restrictions
Is independently developed
Is lawfully obtained from another source without confidentiality restrictions

Separate confidentiality agreements may supersede or supplement this section.

38. DATA PRIVACY

Our collection and processing of personal information is described in the Exxista Privacy Policy.

Customers agree to review the Privacy Policy before using the Services.

Where Exxista processes personal information on behalf of a business customer, additional data-processing terms may apply.

39. SECURITY

Exxista uses reasonable administrative, organizational, and technical safeguards designed to protect the Services and information processed through them.

No internet-based system can guarantee absolute security.

Customers are responsible for appropriately configuring:

Account permissions
AI Agent permissions
Connected applications
Authentication
API credentials
Authorized users
Workflow permissions

Customers must promptly notify Exxista if unauthorized access is suspected.

40. PROFESSIONAL ADVICE DISCLAIMER

Unless a particular Exxista Service expressly states otherwise, Exxista does not provide:

Legal advice
Medical advice
Financial advice
Investment advice
Tax advice
Accounting advice
Insurance advice
Other licensed professional advice

AI-generated information should not substitute for qualified professional judgment where professional advice is required.

41. NO GUARANTEE OF BUSINESS RESULTS

Exxista is designed to improve efficiency and business operations, but business outcomes depend upon many factors outside our control.

We do not guarantee:

Increased revenue
Increased profits
Specific cost savings
Customer acquisition
Lead conversion
Search rankings
Marketing performance
Employee productivity levels
Specific automation outcomes
Any particular return on investment

Statements concerning potential results are illustrative unless expressly guaranteed in a separate written agreement.

42. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

EXXISTA DISCLAIMS WARRANTIES NOT EXPRESSLY PROVIDED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

EXXISTA DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE, OR THAT AI-GENERATED OUTPUTS WILL ALWAYS BE ACCURATE.

Some jurisdictions do not permit certain warranty exclusions, so portions of this section may not apply to you.

43. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXXISTA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, OR DATA ARISING FROM OR RELATED TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXXISTA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO EXXISTA FOR THE APPLICABLE SERVICES DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

44. INDEMNIFICATION

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Exxista and its affiliates, officers, directors, employees, and agents from claims, liabilities, damages, losses, and reasonable expenses arising from or relating to:

Your unlawful use of the Services
Your Customer Content
Your violation of these Terms
Your violation of third-party rights
Your unauthorized or unlawful communications
Your configuration or use of automated workflows
Your violation of applicable law

Any indemnification obligations may be further defined by an applicable enterprise or customer agreement.

45. SUSPENSION

Exxista may temporarily restrict or suspend access where reasonably necessary because of:

Security threats
Suspected fraud
Illegal activity
Material violation of these Terms
Nonpayment
Excessive infrastructure abuse
Threats to platform stability
Legal requirements
Material risk to Exxista, customers, or third parties

Where appropriate, we will seek to provide notice and an opportunity to resolve the issue.

46. TERMINATION

Either party may terminate the relationship as permitted under the applicable subscription, order form, or agreement.

Exxista may terminate access for material violations of these Terms.

Upon termination, the Customer's right to use the Services ends, subject to any applicable transition, export, retention, or deletion provisions.

Sections that by their nature should survive termination will remain effective, including provisions concerning intellectual property, payment obligations, disclaimers, liability, indemnification, and dispute resolution.

47. DATA FOLLOWING TERMINATION

Following account termination, Customer Content may remain available for a limited period where technically supported.

Customers are responsible for exporting information they wish to retain before termination where export functionality is available.

Exxista may subsequently delete Customer Content according to applicable retention policies, contractual obligations, and legal requirements.

Backup copies may persist temporarily until overwritten according to normal backup cycles.

48. CHANGES TO THESE TERMS

We may update these Terms as our Services, technology, laws, and business operations evolve.

The current version will display the applicable “Last Updated” date.

Where legally required or appropriate for material changes, we may provide additional notice.

Continued use after updated Terms become effective constitutes acceptance where permitted by applicable law.

49. ELECTRONIC COMMUNICATIONS

You consent to receive agreements, notices, disclosures, transaction information, and other communications electronically where permitted by law.

Electronic communications satisfy legal requirements that communications be in writing to the extent permitted by applicable law.

50. GOVERNING LAW

These Terms will be governed by the laws of [STATE/JURISDICTION], without regard to conflict-of-law principles, except where applicable law requires otherwise.

51. DISPUTE RESOLUTION

Any dispute arising from these Terms or the Services should first be addressed through good-faith efforts between the parties.

Additional dispute-resolution provisions, including mediation, arbitration, jury-trial waivers, class-action waivers, or designated courts, may apply where specified in an applicable agreement.

[FINAL DISPUTE RESOLUTION AND ARBITRATION LANGUAGE TO BE INSERTED FOLLOWING LEGAL REVIEW.]

52. FORCE MAJEURE

Exxista will not be responsible for delay or failure caused by circumstances beyond our reasonable control, including natural disasters, acts of government, war, civil unrest, labor disruptions, internet failures, utility failures, cyberattacks, telecommunications failures, third-party infrastructure failures, or similar events.

53. ASSIGNMENT

You may not assign these Terms without Exxista's prior written consent, except where otherwise permitted by an applicable agreement or law.

Exxista may assign these Terms in connection with a merger, acquisition, corporate restructuring, sale of assets, financing, or similar transaction.

54. SEVERABILITY

If any provision of these Terms is determined to be unenforceable, the remaining provisions will continue in effect to the maximum extent permitted by law.

55. WAIVER

Failure by either party to enforce a provision of these Terms does not constitute a waiver of that provision or any other provision.

56. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, applicable order forms, subscription terms, Data Processing Addenda, Acceptable Use Policies, and other agreements expressly incorporated by reference, constitute the agreement governing use of the Services.

Where a separately executed written agreement conflicts with these Terms, the separately executed agreement will control to the extent stated in that agreement.

57. CONTACT INFORMATION

Questions concerning these Terms may be directed to:

Exxista
Legal Department

Email: [legal@exxista.com]
Website: [Exxista Website URL]
Mailing Address: [Exxista Legal Business Address]

58. THE EXXISTA PRINCIPLE

Exxista exists to help businesses move beyond simply using artificial intelligence and begin putting artificial intelligence to work.

Our technology is designed to connect with real business processes, automate repetitive work, assist teams, improve customer interactions, and enable organizations to operate more intelligently.

That capability works best when paired with responsible implementation, appropriate permissions, transparency, security, and human judgment.

Integrate intelligence. Automate the work. Keep humans in control.