Terms of Service

1. Acceptance of Terms

By accessing or using XTGH Services (the "Service"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms apply to all users, customers, and others who access or use the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

2. Service Description

XTGH Services provides multichannel eCommerce API integration, data analytics, and custom software solutions. Our platform connects to various marketplace APIs including Amazon, Walmart, eBay, and TikTok Shop to provide:

• Cross-channel inventory synchronization
• Real-time analytics and business intelligence
• Custom data pipelines and reporting
• API integration and management
• Custom software development services

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. Account Registration and Security

To access certain features of the Service, you must register for an account. You agree to:

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

You may not transfer or share your account with any other person or entity. XTGH Services reserves the right to suspend or terminate accounts that violate these Terms.

4. Marketplace API Access & Credentials

You are responsible for obtaining and maintaining valid API credentials for third-party marketplaces (Amazon, Walmart, eBay, TikTok Shop). You represent and warrant that:

• You have the legal right to grant us access to your marketplace accounts
• Your use of marketplace APIs through our Service complies with each marketplace's terms of service
• You will not use the Service to violate any marketplace policies or regulations
• You understand that XTGH Services acts as an authorized intermediary on your behalf

XTGH Services is not responsible for any issues arising from your relationship with third-party marketplaces, including account suspensions, policy violations, or API access revocations.

5. Data Ownership and Usage

You retain all ownership rights to your business data. XTGH Services processes your data solely to provide the analytics and integration services you have subscribed to.

• Your marketplace data, analytics, and reports remain your property
• We do not sell, share, or transfer your data to third parties
• You grant us a limited license to process your data for service delivery
• You may request data export or deletion at any time

For more details on how we handle your data, please review our Privacy Policy.

6. Payment Terms and Billing

Subscription fees are based on the tier you select (Trial, Standard, Professional, or Custom). You agree to:

• Pay all fees associated with your selected subscription tier
• Provide valid payment information and keep it up to date
• Accept automatic recurring billing for subscription services
• Understand that fees are non-refundable except as required by law

Subscription Tiers:

• Trial: Free - 100 requests/day with limited features
• Standard: $299/month - 5,000 requests/day
• Professional: $899/month - 25,000 requests/day + priority support
• Custom Elite SaaS: Custom pricing based on requirements

We reserve the right to modify pricing with 30 days' notice. Failure to pay may result in service suspension or termination.

7. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service for competitive analysis or to build a competing product
• Overload our systems with excessive API requests beyond your subscription limits
• Share your account credentials or resell access to the Service
• Scrape or harvest data from the Service using automated means

Violation of this policy may result in immediate account suspension or termination.

8. Service Level and Availability

While we strive to maintain 99.9% uptime, the Service is provided "as is" and "as available." We do not guarantee:

• Uninterrupted or error-free operation
• That defects will be corrected immediately
• That the Service will meet all your specific requirements
• Availability during scheduled maintenance or emergencies

We reserve the right to perform maintenance and updates that may temporarily affect service availability. We will provide advance notice when possible.

9. Intellectual Property Rights

The Service, including all software, code, designs, logos, and documentation, is the exclusive property of XTGH Services and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use the Service solely for your internal business purposes. This license does not grant you any ownership rights to the Service or its underlying technology.

10. Limitation of Liability

To the maximum extent permitted by law, XTGH Services shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions, errors, or data loss
• Actions or policies of third-party marketplaces
• Unauthorized access to or use of your account

Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless XTGH Services, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party rights, including marketplace policies, or (d) any content or data you submit through the Service.

12. Termination

Either party may terminate this agreement at any time:

• By You: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.
• By Us: We may suspend or terminate your account immediately if you violate these Terms or engage in fraudulent activity.

Upon termination, your access to the Service will cease, and your data will be deleted within 30 days unless you request a data export.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which XTGH Services operates, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration, except where prohibited by law. You agree to waive any right to a jury trial or to participate in a class action lawsuit.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to this page with an updated "Last Updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms. We recommend reviewing these Terms periodically.