Terms of Service

By accessing or using Xern AI (“Service”) at xernai.com, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree, do not access or use the Service.

If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

Xern AI is a web-based platform that helps product teams and individuals transform raw customer feedback into AI-generated product specs, themes, and proposals. The Service includes file ingestion, AI synthesis (powered by third-party AI providers), proposal generation, and Markdown export capabilities.

The Service is provided “as is” and features may change, be added, or be removed at any time. We will endeavour to provide reasonable notice of significant changes.

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must be at least 18 years of age to use the Service.
• One person or entity may not maintain more than one free account. Duplicate accounts for the purpose of circumventing plan limits are prohibited.
• You must notify us promptly at xernai.app@gmail.com if you suspect unauthorised access to your account.
• We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period, with reasonable notice where practicable.

You agree not to use the Service to:

• Upload content that is unlawful, harmful, defamatory, obscene, or that infringes upon any third-party intellectual property, privacy, or contractual rights.
• Upload content containing personal data of third parties without a lawful basis to do so, or in violation of applicable data protection laws.
• Attempt to reverse-engineer, decompile, or extract the source code or underlying models of the Service.
• Use automated tools, bots, or scrapers to access the Service in a manner that exceeds normal, reasonable usage or that places undue load on our infrastructure.
• Attempt to gain unauthorised access to any part of the Service, its infrastructure, or other users’ accounts or data.
• Resell, sublicense, or provide access to the Service to third parties without prior written consent from Xern AI.
• Use the Service in any way that violates applicable local, national, or international law or regulation.

You retain ownership of all content you upload to the Service (“User Content”). By uploading User Content, you grant Xern AI a limited, non-exclusive, royalty-free licence to process that content solely for the purpose of providing the Service to you.

We do not use your User Content to train, fine-tune, or otherwise improve any AI or machine learning model — ours or our subprocessors’. Your content is processed by AI models solely to generate outputs for you.

You represent and warrant that:

• You have all necessary rights, licences, and permissions to upload and process the content you submit, including rights to any third-party data (e.g. customer feedback) contained within it.
• The content does not contain restricted, confidential, or legally privileged information that you are not authorised to process using a third-party AI service.
• Uploading the content does not violate any confidentiality agreement, non-disclosure agreement, or data protection obligation you are subject to.

You are solely responsible for ensuring that your use of the Service complies with any applicable data processing agreements or regulations governing the data you upload.

Xern AI uses large language models (via Anthropic) to generate themes, quotes, and product spec proposals from your uploaded content. You acknowledge and agree that:

• AI-generated outputs may be inaccurate, incomplete, inconsistent, or unsuitable for your particular use case.
• Outputs are generated probabilistically and may vary between runs on the same input.
• All outputs must be reviewed, validated, and edited by a qualified human before being relied upon, shared, or acted upon.
• Xern AI makes no representation or warranty as to the accuracy, reliability, or fitness for purpose of any AI-generated output.

The Service is a tool to assist human decision-making, not a replacement for professional judgement, domain expertise, or independent verification.

The Service is not designed or intended for use in high-stakes or safety-critical contexts. You must not use Xern AI outputs — without independent professional review — as the sole or primary basis for:

• Medical diagnosis, treatment, or clinical decision-making.
• Legal advice, filings, or proceedings.
• Financial advice, investment decisions, or credit assessments.
• Employment, housing, insurance, or other decisions that materially affect individuals’ rights.
• Any application where errors could result in personal injury, death, or significant harm.

In all such contexts, AI outputs must be treated as supplementary information only and must be independently verified by a qualified professional.

Use of the Service is subject to plan-specific limits. Depending on your subscription tier, limits may apply to:

• The number of projects you may create.
• The number of analysis runs per project or per billing period.
• File size and number of files per upload batch.
• Storage of uploaded content and generated outputs.
• API request rate limits to prevent abuse and ensure fair use for all users.

We reserve the right to introduce, adjust, or enforce usage limits at any time to maintain Service performance and fair access. We will endeavour to provide reasonable notice of material changes to plan limits.

If you exceed the limits of your plan, we may throttle your usage or prompt you to upgrade. We will not silently charge you for overages.

Certain features of the Service are available on a paid subscription basis. All fees are stated in US dollars (USD) unless otherwise indicated.

• Subscriptions — paid plans are billed on a recurring basis (monthly or annually, as selected). Your subscription renews automatically at the end of each billing period unless you cancel.
• Cancellation — you may cancel your subscription at any time through your account settings. On cancellation, you will retain access to paid features until the end of your current billing period. No partial-period refunds are issued for early cancellation.
• Refunds — all payments are non-refundable except as required by applicable law, or where we have made a billing error. If you believe you have been charged in error, please contact us within 14 days of the charge.
• Price changes— we reserve the right to change subscription pricing at any time. We will provide at least 30 days’ advance notice of price increases, and they will not take effect until your next billing cycle.
• Failed payments — if a payment fails, we may suspend access to paid features until payment is successfully processed.

All payments are processed by Stripe. By subscribing, you also agree to Stripe’s terms.

The Service relies on third-party providers including Vercel (hosting), Supabase (database and authentication), Anthropic (AI processing), Stripe (payments), and email delivery providers. Your use of the Service involves data being processed by these providers as described in our Privacy Policy.

These third-party services are governed by their own terms and privacy policies. Xern AI is not responsible for the practices, availability, or performance of third-party services. We will notify you of any material changes to our subprocessor relationships that affect how your data is handled.

The Service may contain links to external websites or resources. We are not responsible for the content or practices of any third-party sites.

All rights, title, and interest in and to the Service (excluding User Content) — including the software, design, trademarks, and AI-generated output formats — are and remain the exclusive property of Xern AI and its licensors.

Nothing in these Terms grants you any right to use Xern AI’s name, logo, or other trademarks without prior written consent.

You own any output files (e.g. Markdown exports) generated from your own User Content. You are responsible for determining whether any third-party rights (including rights in your source data) affect your use of those outputs.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. AI-GENERATED OUTPUTS ARE PROVIDED FOR INFORMATIONAL AND PRODUCTIVITY PURPOSES ONLY AND MAY BE INACCURATE OR INCOMPLETE. YOU BEAR SOLE RESPONSIBILITY FOR REVIEWING AND VALIDATING ALL OUTPUTS BEFORE RELIANCE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XERN AI AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES — ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) USD $100 OR (B) THE TOTAL FEES YOU PAID TO US IN THE THREE MONTHS IMMEDIATELY PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify, defend, and hold harmless Xern AI and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your access to or use of the Service.
• Your User Content, including any third-party claims relating to it.
• Your violation of these Terms.
• Your violation of any applicable law or third-party rights.

Either party may terminate the agreement under these Terms at any time.

• You may close your account at any time via account settings or by contacting us. Closure of a paid account takes effect at the end of the current billing period.
• We may suspend or terminate your access immediately and without prior notice if you materially breach these Terms, engage in illegal activity using the Service, or pose a risk to other users or our infrastructure.
• We may terminate the Service or discontinue certain features with reasonable advance notice.

Upon termination, your right to access the Service ceases and we will handle your data in accordance with our Privacy Policy. Sections 5, 6, 7, 11, 12, 13, 14, and 16 of these Terms survive termination.

These Terms are governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law principles.

Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be subject to the non-exclusive jurisdiction of the courts of Singapore.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from any court of competent jurisdiction.

We may update these Terms from time to time. When we do, we will post the revised Terms on this page with an updated effective date.

For material changes — such as changes to your rights, payment terms, or data handling — we will provide at least 14 days’ advance notice via email or a prominent in-app notice. Non-material changes (such as clarifications or corrections) take effect immediately upon posting.

Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you should stop using the Service and close your account before the changes take effect.