Terms of Service

Last Updated: January 2, 2025

IMPORTANT NOTICE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. BY ACCESSING OR USING X.W.D., YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and X.W.D. ("Company," "we," "our," or "us") governing your access to and use of our AI-powered weapon detection platform, including all related services, features, and applications (collectively, the "Services").

2. Description of Services

X.W.D. provides an AI-powered weapon detection platform that analyzes video streams from security cameras to detect potential weapon threats and deliver real-time alerts. Our Services include camera integration, detection processing, alert notifications, dashboard access, and related features as described on our website.

3. Critical Disclaimers and Limitations

3.1 NO GUARANTEE OF DETECTION OR SAFETY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  • NO WEAPON DETECTION SYSTEM, INCLUDING X.W.D., IS 100% ACCURATE OR INFALLIBLE.
  • WE DO NOT AND CANNOT GUARANTEE THAT OUR SERVICES WILL DETECT ALL WEAPONS, THREATS, OR DANGEROUS SITUATIONS.
  • WE DO NOT AND CANNOT GUARANTEE THAT THE USE OF OUR SERVICES WILL PREVENT VIOLENCE, SAVE LIVES, OR PREVENT HARM TO PERSONS OR PROPERTY.
  • OUR SERVICES ARE INTENDED TO SUPPLEMENT, NOT REPLACE, COMPREHENSIVE SECURITY MEASURES, TRAINED PERSONNEL, AND EMERGENCY RESPONSE PROTOCOLS.
  • DETECTION ACCURACY CAN BE AFFECTED BY ENVIRONMENTAL CONDITIONS, LIGHTING, CAMERA QUALITY, OBSTRUCTIONS, CONCEALMENT, AND OTHER FACTORS BEYOND OUR CONTROL.
  • FALSE POSITIVES (INCORRECT DETECTIONS) AND FALSE NEGATIVES (MISSED DETECTIONS) MAY OCCUR.

3.2 AI and Machine Learning Limitations

Our Services utilize artificial intelligence and machine learning technologies. You acknowledge that AI systems are probabilistic in nature, may produce errors, and should not be solely relied upon for security decisions. AI-generated outputs are not a substitute for professional security assessments, human judgment, or trained security personnel.

3.3 Internet and Connectivity Dependencies

Our Services require reliable internet connectivity to function. If your internet connection is unavailable, unreliable, or interrupted for any reason, the Services may not function properly or at all. We are not responsible for any failures or limitations caused by connectivity issues.

4. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR COMPLETENESS
  • UNINTERRUPTED OR ERROR-FREE OPERATION
  • DETECTION OF ALL THREATS OR WEAPONS
  • PREVENTION OF HARM, VIOLENCE, OR PROPERTY DAMAGE

WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT ANY DEFECTS WILL BE CORRECTED.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

5.1 IN NO EVENT SHALL X.W.D., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of life, personal injury, or bodily harm
  • Property damage or destruction
  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Business interruption
  • Emotional distress or mental anguish
  • Any other losses arising from or related to undetected weapons or threats

5.2 OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

5.3 THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Indemnification

You agree to indemnify, defend, and hold harmless X.W.D. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of any third party; (d) any claim that your use of the Services caused damage to a third party; or (e) any security incidents, injuries, deaths, or property damage occurring at premises where our Services are deployed, regardless of whether our Services detected or failed to detect a threat.

7. User Responsibilities

By using our Services, you agree to:

  • Maintain comprehensive security measures beyond our Services, including trained security personnel, emergency response protocols, and physical security measures
  • Ensure proper installation and configuration of cameras according to our specifications
  • Maintain reliable internet connectivity for the Services to function
  • Regularly test and verify the functionality of the Services
  • Immediately report any issues, malfunctions, or suspected failures
  • Comply with all applicable laws and regulations regarding surveillance and data privacy
  • Obtain all necessary consents and permissions for camera deployment
  • Not rely solely on our Services for security or threat prevention

8. Subscription and Payment

Access to our Services requires a paid subscription. You agree to pay all fees associated with your selected plan. Fees are non-refundable except as expressly stated in these Terms or required by applicable law. We reserve the right to modify pricing with 30 days' notice.

9. Account Termination

We reserve the right to suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including disclaimers, limitations of liability, and indemnification.

10. Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiations. If negotiations fail, any legal proceedings shall be brought exclusively in the state or federal courts located in the State of Georgia, United States, and you consent to the personal jurisdiction of such courts.

11. Limitation on Claims

Any claim or cause of action arising from or related to these Terms or the Services must be filed within one (1) year after the claim arose, or it shall be forever barred.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

13. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and X.W.D. concerning the Services and supersede all prior agreements, understandings, negotiations, and discussions.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after any modifications constitutes your acceptance of the revised Terms.

15. Contact Information

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

X.W.D.
Email: xavier@xavierplatforms.com

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.