Terms of Service
[DRAFT — pending legal review. Not yet in effect. Remove this line when approved.]
Last updated: [EFFECTIVE DATE]
These Terms of Service (“Terms”) are an agreement between you and XIOT LLC, a company registered in the Arab Republic of Egypt, [REGISTERED ADDRESS] (“XIOT”, “we”, “us”). They apply when you visit xiot.io, create an XIOT Account, buy or use our products, or use the XIOT app, XIOT Console or any other XIOT service (together, the “Services”). Please read them carefully. By using the Services you agree to these Terms and to our Privacy Policy.
Nothing in these Terms takes away rights you have as a consumer that cannot be limited by contract under the law where you live.
1. Our products and services
- Hardware: Wall Unit (a capacitive plate with dimmer, switch and outlet), the xChip family of in-wall relays (x1, x1 PM, x2, x2 PM, x3), the xAgent family of voice assistants (xAgent Desk, xAgent Square, xAgent Round) and accessories such as Desk Base.
- Software and cloud: the XIOT app, XIOT Console (where you set up agents, voices, characters and limits), Character Studio, device firmware, and the XIOT cloud that connects them.
- Integrations: optional links to third-party services such as Amazon Alexa and Google Assistant.
Products marked “Pre-order” or “Coming soon” are not yet shipping. Descriptions, specifications and images may change before release.
2. Your XIOT Account
- You need an XIOT Account for most Services. You must be at least 18, or the age of majority where you live, to create an account or place an order.
- Children may use XIOT products only through an account owned by a parent or legal guardian, who is responsible for that use and for the settings and limits they choose (see section 6.6).
- Give accurate information and keep it up to date. Keep your password and sign-in methods secure; you are responsible for activity on your account. Tell us at contact@xiot.io if you think your account has been misused.
- If you sign in with Google, Apple or Facebook, that provider’s terms also apply to the sign-in.
3. Pre-orders, orders and payment
- Pre-order requests. Until online checkout opens, a pre-order request sent from our website is an expression of interest, not a binding order. We will confirm price, delivery and payment by email; an order exists only once we confirm it and you pay.
- Prices. Prices are shown in the currency stated at checkout and may change before you order. Taxes and delivery charges are shown before you pay. If we made an obvious pricing error we may cancel the order and refund you in full.
- Payment. Online payments are processed by Stripe. We do not receive or store your full card number.
- Delivery. [DELIVERY REGIONS AND TIMES]. Risk passes to you on delivery.
- Cancellations and returns. You can cancel a pre-order at any time before it ships for a full refund. [RETURN WINDOW AND CONDITIONS]. Products must be returned uninstalled and undamaged unless they are faulty.
- Warranty. [WARRANTY PERIOD AND TERMS]. The warranty does not cover damage from incorrect installation, misuse, modification, or use outside the specifications.
4. Installation and electrical safety
- Wall Unit and xChip connect to mains electricity. They must be installed by a qualified electrician in line with local wiring rules. Turn off power at the breaker before any work.
- Use products only within their rated load and specifications. Do not use them to control life-support or medical equipment, fire or security alarms, or any load whose unexpected switching could cause injury or serious damage.
- Remote control, schedules, automations and voice commands depend on power, Wi-Fi, the internet and our cloud, any of which can fail or be delayed. Do not rely on them for safety. Keep a manual way to switch critical loads.
- XIOT is not responsible for loss or damage caused by installation that does not follow these instructions, by unqualified installation, or by use outside the specifications, to the extent the law allows.
5. Software, firmware and updates
- We grant you a personal, non-exclusive, non-transferable licence to use our software and firmware with XIOT products you own, under these Terms. You may not copy, resell, reverse-engineer (except where the law allows), or remove notices from it.
- Products receive firmware and app updates, sometimes automatically, to fix problems, improve security or add features. Some features may change or be retired; we will give reasonable notice of material changes where we can.
- Open-source components are licensed under their own terms, which take precedence for those components.
6. xAgent and AI features
xAgent, XIOT Console agents, Character Studio, automation suggestions and other features that generate text, speech, images or actions (“AI Features”) use artificial intelligence, including models provided by third parties. Please read this section carefully.
6.1 How AI Features work
When you speak to xAgent after its wake word, or press its button, your voice is sent to our servers and to AI providers to turn speech into text, generate a reply, and turn the reply back into speech. What you send (“Input”) and what the AI Features produce (“Output”) are handled as described in our Privacy Policy.
6.2 AI Output can be wrong
- Output is generated automatically by machine-learning models. It may be inaccurate, incomplete, out of date, biased or offensive, and it may sound confident when it is wrong. It may not be unique: other users may receive similar Output.
- Output does not represent the views of XIOT, and xAgent is not a person. Characters and personas are fictional.
- You are responsible for evaluating Output for accuracy and suitability before you rely on it or act on it, including checking important information against reliable sources.
6.3 Not professional advice, not a medical device, not for emergencies
- Output is not medical, mental-health, legal, financial, electrical or other professional advice. Always consult a qualified professional for those matters.
- xAgent is a general-purpose support tool. It is not a medical device and does not diagnose, treat, cure or prevent any condition. Routines, reminders, timers and check-ins, including those set up for focus, ADHD, autism or other needs, are aids that the person or their caregiver configures; they are not therapy or care.
- xAgent cannot contact emergency services. In an emergency, call your local emergency number.
6.4 Actions on your home
Agents can switch lights, outlets, A/C and other devices connected to XIOT products when asked, or on schedules and automations you approve. Speech can be misheard and commands misunderstood. You are responsible for the devices you allow AI Features to control, and for not connecting anything whose unexpected switching could be dangerous (see section 4).
6.5 No liability for AI-generated content
To the fullest extent permitted by law, XIOT is not responsible or liable for any Output, or for any decision, action, loss or damage resulting from use of or reliance on Output. AI Features are provided “as is” and “as available”, without any warranty that Output will be accurate, lawful, safe or fit for a particular purpose. This does not limit liability that cannot be limited by law (see section 11).
6.6 Children and families
- Parents and guardians who let a child use xAgent are responsible for supervising that use and for the hours, topics, voice and limits they set in XIOT Console.
- Filters and limits reduce, but cannot eliminate, the chance of unsuitable Output. Review conversation history and adjust settings as your child grows.
6.7 Acceptable use of AI Features
You must not use AI Features to:
- break the law, or plan or encourage violence, self-harm, or harm to others;
- create, request or share sexual content involving minors, or any sexual content through a profile set up for a child;
- harass, threaten, defame or discriminate against anyone;
- impersonate a real person, or deceive people into thinking Output came from a human or from that person;
- clone a voice other than your own, or that of someone who has given you their explicit permission;
- create a Character Studio character from a photo of a person without their permission (or a parent’s, for a child);
- generate malware, spam, or content that infringes others’ intellectual property or privacy;
- try to bypass safety filters, extract other users’ data, or reverse-engineer the models;
- make decisions with legal or similarly significant effects on people (for example about credit, employment, housing or health) based solely on Output.
We may limit, suspend or end access to AI Features if we reasonably believe they are being misused.
6.8 Your Input and Output
- As between you and XIOT, you keep your rights in your Input. To the extent the law allows, we assign to you any rights we have in Output generated for you.
- You give us permission to process Input and Output to provide, secure and support the Services, as described in the Privacy Policy. [CONFIRM: whether recordings or transcripts are ever used to improve models, and on what opt-in basis.]
- You are responsible for having the rights and permissions needed for any Input you provide, including voices, photos, names and documents.
6.9 Third-party AI providers and your own keys
- AI Features rely on third-party providers for speech recognition, language models, text-to-speech and memory. We choose providers for the default setup and may change them. [AI PROVIDER LIST].
- If you connect your own provider account or API key (“bring your own key”) in XIOT Console, that provider’s terms and privacy policy apply to that processing, any charges are between you and that provider, and XIOT is not responsible for that provider’s service or Output.
7. Your content and feedback
You are responsible for content you upload or create in the Services, such as names, routines, characters and notes. You give us a limited licence to host and process it to run the Services for you. If you send us ideas or feedback, we may use them without obligation to you.
8. Third-party services
The Services can connect to services we do not control, such as Amazon Alexa, Google Assistant, sign-in providers and AI providers. Their terms and privacy policies apply to your use of them, and we are not responsible for them. Integrations may change or stop if the third party changes its service.
9. Availability
Many features need a working internet connection and our cloud. We work to keep the Services available and secure but do not guarantee they will be uninterrupted or error-free. We may suspend parts of the Services for maintenance, security or legal reasons. Where a product supports local control without the cloud, we will say so in its documentation.
10. Disclaimers
Except as expressly stated in these Terms or in a product warranty, and to the extent the law allows, the Services are provided “as is” and “as available”, and XIOT disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. Statutory rights that cannot be excluded are not affected.
11. Limitation of liability
- To the extent the law allows, XIOT is not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, data, goodwill or business, arising from the Services, even if we were told they were possible.
- To the extent the law allows, XIOT’s total liability for all claims relating to the Services is limited to the greater of (a) the amount you paid us for the product or Service giving rise to the claim in the 12 months before the claim, and (b) USD 100.
- Nothing in these Terms limits liability for death or personal injury caused by our negligence, for fraud, or any other liability that cannot be limited by law.
12. Indemnity
To the extent the law allows, you agree to defend and compensate XIOT for claims, losses and costs arising from your breach of these Terms, your misuse of the Services or AI Features, or your violation of someone else’s rights, including use of another person’s voice or image without permission.
13. Suspension and termination
You can stop using the Services and delete your account at any time (see Data deletion). We may suspend or close accounts that breach these Terms or put others at risk, with notice where reasonable. Sections that by their nature should survive termination (including 6.5, 10, 11, 12 and 15) continue to apply.
14. Changes to these Terms
We may update these Terms as our products and the law change. We will post the new version here with a new “Last updated” date and, for material changes, tell you by email or in the app before they take effect. If you keep using the Services after that, the updated Terms apply.
15. Governing law and disputes
These Terms and any dispute arising from them or from the Services are governed by the laws of the Arab Republic of Egypt. Before going to court, please contact us at contact@xiot.io so we can try to resolve the matter informally within 30 days. Disputes that are not resolved will be settled by the competent courts of the Arab Republic of Egypt. If you are a consumer living in another country, this does not take away the protection of mandatory consumer laws or your right to bring proceedings in your local courts where that law allows.
For customers in Egypt, nothing in these Terms limits your rights under the Consumer Protection Law (Law No. 181 of 2018).
16. Contact
Legal and privacy questions: contact@xiot.io. Product and order questions: info@xiot.io.