Terms of Service

1. Acceptance of Terms

By accessing or using the Oxenated platform, website, software, APIs, and related services (collectively, the "Services") provided by Oxenated, Inc. ("Oxenated," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). 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, and references to "you" shall include that organization.

If you do not agree to these Terms, you may not access or use the Services. We reserve the right to modify these Terms at any time. Your continued use of the Services after any such modification constitutes your acceptance of the modified Terms.

2. Description of Services

Oxenated provides an AI-powered software development lifecycle (SDLC) automation platform designed for enterprise organizations. Our Services include, but are not limited to:

• AI-assisted code generation, analysis, and optimization
• Automated quality assurance and testing capabilities
• Requirements analysis and validation tools
• Documentation generation and management
• Integration with existing development infrastructure
• Professional services, training, and consulting

3. Account Registration and Security

To access certain features of the Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or harmful activities.

4. Subscription and Payment Terms

Access to the Services may require a paid subscription. By subscribing, you agree to:

• Pay all fees associated with your selected subscription plan
• Provide valid payment information and authorize recurring charges
• Accept that fees are non-refundable except as expressly stated in these Terms or required by law

Subscription fees are billed in advance on a monthly or annual basis depending on your selected plan. We reserve the right to modify pricing with 30 days' notice. Professional services are billed according to the terms specified in your Statement of Work or service agreement.

5. Intellectual Property Rights

5.1 Oxenated Property

The Services, including all software, algorithms, AI models, user interfaces, designs, documentation, and related intellectual property, are owned by Oxenated or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Services except for the limited license expressly granted herein.

5.2 Your Content

You retain all rights to the code, data, and other materials you submit to the Services ("Your Content"). By using the Services, you grant Oxenated a limited, non-exclusive license to process Your Content solely for the purpose of providing the Services to you.

5.3 Generated Output

Subject to your compliance with these Terms, you own all code, documentation, and other outputs generated by the Services using Your Content ("Generated Output"). Oxenated disclaims any ownership interest in Generated Output.

6. Acceptable Use Policy

You agree not to use the Services to:

• Violate any applicable laws, regulations, or third-party rights
• Develop software intended for malicious purposes, including malware, ransomware, or tools designed to exploit vulnerabilities
• Attempt to reverse engineer, decompile, or extract source code from the Services
• Circumvent or disable any security features or usage limits
• Resell, sublicense, or provide access to the Services to third parties without authorization
• Interfere with or disrupt the integrity or performance of the Services
• Submit content that infringes intellectual property rights or contains confidential information of third parties without authorization

7. Data Security and Confidentiality

Oxenated implements industry-standard security measures to protect Your Content and maintains SOC 2 Type II compliance. We treat Your Content as confidential and will not access, use, or disclose it except as necessary to provide the Services or as required by law.

Enterprise customers may be eligible for additional security commitments, including Business Associate Agreements (BAA) for HIPAA compliance, through separate written agreements.

8. Service Level Agreement

Oxenated commits to providing the Services with 99.9% uptime availability, measured on a monthly basis (excluding scheduled maintenance). Service credits may be available for qualifying downtime as specified in your enterprise agreement.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. OXENATED DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

AI-generated outputs may contain errors, inaccuracies, or vulnerabilities. You are solely responsible for reviewing, testing, and validating all Generated Output before use in production environments.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OXENATED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

OXENATED'S TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO OXENATED IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless Oxenated and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services, (b) Your Content, (c) your violation of these Terms, or (d) your violation of any third-party rights.

12. Term and Termination

These Terms remain in effect until terminated. You may terminate your account at any time by contacting us. We may suspend or terminate your access to the Services immediately if you breach these Terms or for any other reason with 30 days' notice.

Upon termination, your right to access the Services will cease immediately. We will provide a reasonable period (typically 30 days) for you to export Your Content. Sections 5, 9, 10, 11, 13, and 14 shall survive termination.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any disputes arising under these Terms shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, except that either party may seek injunctive relief in any court of competent jurisdiction.

The arbitration shall be conducted in Wilmington, Delaware, unless otherwise agreed by the parties. Each party shall bear its own costs and attorneys' fees, except as otherwise provided by law.

14. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Oxenated regarding the Services.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure: Neither party shall be liable for any failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, labor disputes, or internet service failures.

15. Contact Information

If you have any questions about these Terms, please contact us at: