xpec

xpec

Terms and Conditions

Last updated: February 24, 2026

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Access Level means the tier of access to the Service assigned to Your Workspace (e.g., Free, Starter, Professional, Team), which determines Your feature limits, Credit allocation, and available AI models.

Account means a unique account created for You to access our Service or parts of our Service.

Alaimo Labs means the educational platform and subscription service operated by the Company under the trade name "Alaimo Labs," accessible at https://alaimolabs.com.

Alaimo Labs Subscription means any paid subscription or program enrollment You hold with Alaimo Labs, which may entitle You to a higher Access Level on the Service.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

AI Provider API Key means an authentication key issued by a third-party AI provider (such as OpenAI, Anthropic, or Google) that You provide to the Service to access AI-powered features using Your own provider account.

AI Provider means a third-party artificial intelligence service provider whose models and APIs are used by the Service to deliver AI-powered features, currently including OpenAI, Anthropic, and Google.

AI Services means the artificial intelligence services provided by third-party providers, including but not limited to OpenAI, Anthropic, and Google, that power the specification generation and other AI features of the Service.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to MTN LABS LLC (doing business as Alaimo Labs), 6900 Tavistock Lakes Blvd, Ste 400, Orlando, FL 32827, USA.

Content refers to content such as text, images, specifications, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Country refers to: Florida, United States

Credits means the non-monetary usage units allocated to Your Workspace based on Your Access Level, where 1 Credit equals 1,000 AI tokens used for generating specifications, personas, insights, and other AI-powered features. Credits have no cash value, are non-transferable, and do not constitute property or a stored-value account.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

BYOK (Bring Your Own Key) means the feature of the Service that allows You to provide Your own AI Provider API Keys to access AI-powered features, with all associated AI provider charges billed directly to Your own provider account.

Free Tier refers to the no-cost access tier of the Service with limited features, where AI-powered features require BYOK.

Integration Services means third-party services that may be connected to Your Workspace, including but not limited to the v0 Platform API and other external development tools.

Persona means AI-generated user personas created within the Service to provide product insights and feedback.

Product means a container within Your Workspace for organizing Specifications and related project data.

Program Enrollment means Your active enrollment in an Alaimo Labs educational program, cohort, or subscription plan that includes access to enhanced features of the Service.

Service refers to the Xpec web-based SaaS platform accessible at https://xpec.ai and its associated features.

Specification means an AI-generated product requirements document or project specification created using the Service.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Xpec, accessible from https://xpec.ai

Workspace means Your organizational unit within the Service where Products, Specifications, and team members are managed.

Xpec means the name of the platform through which the Service is provided, accessible at https://xpec.ai, as further described in the definition of Service.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Access Through Alaimo Labs

Single Legal Entity

Xpec is a platform operated by the Company (MTN LABS LLC, doing business as Alaimo Labs). Alaimo Labs is the Company's trade name; Xpec is the name of the platform. This section explains how paid access to Xpec is granted through Alaimo Labs.

How Paid Access Levels Are Granted

Higher Access Levels (such as Starter, Professional, or Team) are granted as a benefit of Your Alaimo Labs Subscription or Program Enrollment. You do not purchase Access Levels directly from Xpec. The Free Tier is available to all registered users regardless of whether they hold an Alaimo Labs Subscription.

Verification and Lifecycle

The Company may verify Your Alaimo Labs Subscription or Program Enrollment status at login and through automated systems. If Your Alaimo Labs Subscription or Program Enrollment expires, is cancelled, or otherwise terminates, the Company may downgrade Your Access Level to the Free Tier or terminate Your access to certain features. Upon downgrade, Your existing Content (including Products, Specifications, and Personas) is retained, but Your Workspace may be placed in read-only mode if it exceeds the limits of Your new Access Level. You may restore full functionality by configuring BYOK or by enrolling in an eligible Alaimo Labs plan. The Company may also upgrade Your Access Level when You subscribe to or enroll in an eligible Alaimo Labs plan or program.

Terms Hierarchy

These Terms govern Your use of the Xpec Service. Payment, billing, renewal, cancellation, and refund matters related to Your Alaimo Labs Subscription are governed by the Alaimo Labs terms of service, available at https://alaimolabs.com/en/legal/terms. In the event of a conflict between these Terms and the Alaimo Labs terms regarding Your use of Xpec, these Terms shall prevail.

Educational Purpose; Not a Production System

Xpec is an educational and simulation platform designed primarily for product management learning and practice. The Service provides AI-powered tools that allow users to explore product development concepts, generate draft artifacts, and practice product management workflows in a guided environment.

You acknowledge and agree that:

  • The Service is intended for educational, training, and simulation purposes and is not designed or warranted for use as an enterprise or production system
  • All outputs generated by the Service — including Specifications, Personas, feature suggestions, and other AI-generated content — are drafts intended for learning and practice purposes, and should not be treated as production-ready deliverables without independent professional review
  • The Company makes no promise of fitness for enterprise, commercial, or production use, and expressly disclaims any such warranty
  • Any use of the Service or its outputs for enterprise or production purposes is at Your own risk and responsibility, unless separately agreed in writing between You and the Company

If You wish to use the Service for enterprise or production purposes, You must contact the Company at support@xpec.ai to negotiate a separate written agreement that may include service level commitments, a Data Processing Agreement, and security requirements. These Terms do not provide enterprise-grade commitments of any kind.

AI-Powered Services and Limitations

AI Service Providers

The Service utilizes third-party artificial intelligence services, including OpenAI, Anthropic, and Google, to generate Specifications, Personas, insights, and other AI-powered features. By using the Service, You acknowledge and agree that Your Content and prompts may be processed by these third-party AI providers in accordance with their respective terms of service and privacy policies.

AI Output Disclaimer

You acknowledge and agree that:

  • AI-generated content may contain inaccuracies, errors, or incomplete information
  • AI models may occasionally produce inconsistent, nonsensical, or inappropriate results ("hallucinations")
  • The Company makes no warranty regarding the accuracy, reliability, completeness, or suitability of any AI-generated content
  • You are solely responsible for reviewing, validating, and using AI-generated Specifications and other outputs
  • AI-generated content should not be relied upon without independent verification, especially for critical business decisions

AI-generated content provided by the Service does not constitute professional advice of any kind, including but not limited to legal, financial, medical, or technical advice. You should consult qualified professionals before making decisions in those domains based on any output from the Service.

User Responsibility

You agree to:

  • Review all AI-generated content before use in any production environment
  • Not use the Service or AI features for any illegal, harmful, or unethical purposes
  • Not attempt to generate content that violates applicable laws, regulations, or third-party rights
  • Not use the Service to create content intended to deceive, manipulate, or harm others
  • Comply with all applicable AI and data protection regulations in Your jurisdiction

Data Processing

Your Content, including prompts and generated Specifications, may be transmitted to and processed by third-party AI service providers. The Company implements reasonable security measures but cannot guarantee absolute security of data transmitted to third-party services. You acknowledge that data processed through AI Services may be subject to the data processing terms of those providers.

No Training on Your Data

The Company does not use Your Content, Specifications, or proprietary data to train AI models. However, third-party AI providers may have their own data usage policies. We select providers that offer enterprise-grade data protection, but You should review their terms independently.

Access Levels and Credits

Access Level Tiers and Credits

The Service offers multiple Access Levels (Free Tier, Starter, Professional, Team) with varying limits on Products, Specifications, Workspace members, and Credits. Each Access Level includes a monthly or yearly allocation of Credits used to access AI features. 1 Credit equals 1,000 AI tokens. Your Access Level is determined by Your Alaimo Labs Subscription or Program Enrollment.

Your Access Level determines:

  • Number of Products You can create
  • Number of Specifications (may be unlimited on certain Access Levels)
  • Number of Workspace members (collaborators)
  • Monthly or yearly Credit allocation
  • Available AI models and features
  • Number of Personas and insights

Credit Usage and Renewal

Credits are consumed when using AI features such as generating Specifications, creating Personas, or conducting interviews. Credit usage is tracked at the Workspace level. Unused Credits do not roll over to the next billing period. Credit allocation and billing period are determined by Your Access Level and associated Alaimo Labs Subscription interval.

If You exhaust Your Credit allocation before the end of Your billing period, Your Workspace may be limited to read-only access for AI features until Credits reset, You upgrade Your Access Level, or You configure BYOK as described in the Bring Your Own Key section below.

Free Tier

The Company offers a Free Tier that provides access to the Service at no cost with limited features. The Free Tier is available regardless of Alaimo Labs Subscription status. On the Free Tier:

  • You may be limited in the number of Products and Specifications You can create
  • AI-powered features require BYOK — You must provide Your own AI Provider API Keys to use AI features
  • All AI usage charges are billed directly to Your AI provider account, not by the Company
  • Workspace member invitations may be restricted
  • No platform Credits are allocated

The Company reserves the right to modify, limit, or discontinue the Free Tier at any time and without notice.

Bring Your Own Key (BYOK)

BYOK Overview

The Service allows You to provide Your own AI Provider API Keys from supported third-party providers (currently OpenAI, Anthropic, and Google) to access AI-powered features. BYOK operates as follows:

  • On the Free Tier, BYOK is the exclusive method for accessing AI-powered features
  • On paid Access Levels, You may use BYOK as a fallback when Your Credit allocation is exhausted
  • Only Workspace owners can configure, update, or remove AI Provider API Keys for a Workspace
  • BYOK is available for all supported AI providers; the Company may add or remove supported providers at any time

Key Storage and Security

When You provide an AI Provider API Key to the Service:

  • Your key is encrypted using AES-256-GCM encryption before being stored in our database
  • Your key is decrypted in memory only for the duration of an API request to the designated AI provider, and is not persisted in decrypted form
  • The Company implements commercially reasonable security measures to protect stored keys but cannot guarantee absolute security
  • In the event of a security breach that may have affected stored keys, the Company will notify affected users and recommend immediate key rotation with the AI provider

Data Flow and Intermediary Role

When You use AI features with BYOK:

  • Your Content (including prompts, product data, and persona data) is transmitted through the Company's servers to the AI provider using Your AI Provider API Key
  • The Company acts as a technical intermediary and does not modify Your Content except to format API requests as required by the provider
  • The Company does not use Your AI Provider API Key for any purpose other than transmitting Your requests to the designated AI provider
  • The Company does not log, share, or transmit Your AI Provider API Key to any party other than the designated AI provider

Notwithstanding the Company's role as a technical intermediary for BYOK, the Company acknowledges that it acts as a data processor under applicable data protection laws (including the GDPR) when transmitting and processing Your Content through its servers. The Company maintains appropriate technical and organizational measures to protect Your data during transit, regardless of whether You use BYOK or the Company's platform-provided AI keys.

Your Responsibilities

By using BYOK, You acknowledge and agree that:

  • You are solely responsible for all charges incurred on Your AI provider account as a result of using the Service with Your AI Provider API Key
  • No Xpec Credits caps apply in BYOK mode; however, the Company reserves the right to impose reasonable technical limits (such as rate limits or fair-use thresholds) to protect platform stability. You remain solely responsible for any charges incurred on Your AI provider account
  • You are responsible for monitoring Your own AI provider account and setting spending limits or usage alerts directly with Your AI provider
  • You are responsible for securing, rotating, and revoking compromised AI Provider API Keys
  • You must independently comply with the terms of service and acceptable use policies of Your AI provider
  • If Your AI Provider API Key becomes invalid or is revoked, AI features will be unavailable until You provide a valid replacement key

Representations and Warranties

By providing an AI Provider API Key to the Service, You represent and warrant that:

  • You are the authorized holder of the AI Provider API Key, or have been expressly authorized by the account holder to use it
  • You have the right and authority to permit the Company to transmit requests to the AI provider on Your behalf using that key
  • The key has not been stolen, misappropriated, or obtained through unauthorized means, and You will not provide any key belonging to a third party without their explicit consent
  • You will comply with all applicable terms of service, acceptable use policies, and usage restrictions imposed by Your AI provider

Limitations of Liability for BYOK

In addition to the general Limitation of Liability in these Terms, the Company shall not be liable for:

  • Any charges, fees, or costs incurred on Your AI provider account as a result of using BYOK
  • Any outages, service interruptions, or performance degradation of third-party AI provider services
  • The quality, accuracy, or appropriateness of AI-generated outputs produced using Your AI Provider API Key
  • Changes to AI provider pricing, terms of service, or API availability
  • Any loss or damage resulting from Your failure to secure, rotate, or revoke Your AI Provider API Keys

Workspace Management

Workspace Ownership

Each Workspace has a designated owner (the user who created the Workspace or was assigned ownership). The Workspace owner has full administrative control over the Workspace, including:

  • Managing Access Level settings
  • Inviting and removing Workspace members
  • Deleting Products and Specifications
  • Configuring Workspace settings and integrations
  • Transferring Workspace ownership to another member

Workspace Members

Workspace members are collaborators invited by the Workspace owner. The number of members is limited by Your Access Level. Members may have access to view and edit Specifications and Products within the Workspace, subject to permissions set by the Workspace owner.

Workspace Transfer and Deletion

The Workspace owner may transfer ownership to another member at any time. Upon transfer, the new owner assumes all rights and responsibilities associated with the Workspace.

If the Workspace owner's Account is terminated or deleted, the Company reserves the right to delete the Workspace and all associated data after a grace period (typically 30 days), unless ownership is transferred to another member.

Workspace deletion is permanent and cannot be undone. All Products, Specifications, and associated data will be permanently deleted.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content and Intellectual Property

Your Content Ownership

You retain all ownership rights to Your Content, including Specifications, prompts, and other materials You create or upload to the Service. By using the Service, You grant Us a limited, non-exclusive, worldwide license to use, store, and process Your Content solely for the purpose of providing and improving the Service.

AI-Generated Content

You retain ownership of AI-generated Specifications and other outputs created using the Service. However, You acknowledge that:

  • AI-generated content may not be unique and similar outputs could be generated for other users
  • The Company does not claim ownership of Your AI-generated Specifications
  • You are responsible for ensuring AI-generated content does not infringe third-party rights
  • You should independently verify that AI-generated content is suitable for Your intended use

License Grant

By using the Service, You grant the Company a non-exclusive, worldwide, royalty-free license to:

  • Store and process Your Content to provide the Service
  • Create backups and ensure data redundancy
  • Aggregate anonymized usage data for analytics and service improvements

This license does not permit the Company to use Your proprietary Specifications or confidential Content for any purpose other than providing the Service to You.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups
  • Spam, machine-generated or randomly-generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights
  • Impersonating any person or entity including the Company and its employees or representatives
  • Violating the privacy of any third person
  • False information and features

Safe Harbor for AI-Generated Content: You will not be held liable for prohibited content that is unintentionally generated by AI Services, provided You take prompt action to remove such content upon becoming aware of it. However, repeated violations or intentional attempts to generate prohibited content may result in Account termination.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.

Data Retention and Export

The Company performs regular backups of Content. However, the Company does not guarantee there will be no loss or corruption of data.

You have the right to export Your Specifications and data at any time through the Service interface. You agree to maintain independent backups of Your Content.

Upon Account or Workspace termination, Your data will be retained for a period of 30 days before permanent deletion. During this period, You may request a data export. After 30 days, all data will be permanently deleted and cannot be recovered.

API Access and Integration Services

Product API Keys

The Service may provide API keys for programmatic access to Your Products and Specifications. You are responsible for:

  • Keeping API keys secure and confidential
  • Immediately revoking any compromised API keys
  • All activities conducted using Your API keys
  • Complying with API rate limits and acceptable use policies

Rate Limits and Acceptable Use

API access is subject to rate limits to ensure fair usage and service availability. Excessive API usage may result in temporary or permanent suspension of API access. You agree not to:

  • Exceed documented rate limits
  • Use API access to create competing services
  • Resell or redistribute API access to third parties
  • Use API access for any unlawful purpose

Third-Party Integrations

The Service may integrate with third-party services (such as v0 Platform API). You are responsible for complying with the terms of service of any third-party Integration Services You connect. The Company is not responsible for the availability, security, or functionality of third-party services.

Privacy and Data Processing

Data Processing

The Company processes Your personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users in the European Union. The legal basis for processing includes:

  • Performance of contract (to provide the Service to You)
  • Legitimate interests (to improve and secure the Service)
  • Your consent (where explicitly provided)

International Data Transfers

Your data may be transferred to and processed by third-party AI service providers (OpenAI, Anthropic, Google) located in the United States and other jurisdictions. The Company uses service providers that comply with applicable data transfer mechanisms, including Standard Contractual Clauses, the EU-US Data Privacy Framework (DPF), and adequacy decisions where applicable.

Data Subject Rights (GDPR)

If You are located in the European Union, You have the following rights regarding Your personal data:

  • Right of Access: Request a copy of Your personal data
  • Right to Rectification: Correct inaccurate personal data
  • Right to Erasure: Request deletion of Your personal data
  • Right to Data Portability: Receive Your data in a structured, machine-readable format
  • Right to Restriction: Request limitation of processing
  • Right to Object: Object to processing based on legitimate interests
  • Right to Withdraw Consent: Withdraw previously given consent at any time

To exercise these rights, please contact us at support@xpec.ai.

Data Processing Agreement

The Service is designed for individual educational use. A Data Processing Agreement (DPA) is not provided as part of standard access to the Service. If Your organization requires a DPA as part of a separate written enterprise agreement with the Company, please contact support@xpec.ai to discuss terms.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at support@xpec.ai and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located
  • Your address, telephone number, and email address
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf

You can contact our copyright agent via email at support@xpec.ai. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Company Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

If You provide the Company with any Feedback, You grant Us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback for any purpose. You retain ownership of Your Feedback, but agree that the Company may use it to improve the Service without compensation to You.

Service Availability and Support

Service Level

The Company strives to maintain high availability of the Service but does not guarantee uninterrupted access. The Service is provided on a "best effort" basis. Scheduled maintenance will be communicated in advance when possible.

Support

Support availability may vary based on Your Access Level:

  • Free Tier: Self-service documentation only. The Company does not provide direct support for this Access Level.
  • Paid Access Levels (via Alaimo Labs): Email support at support@xpec.ai. The Company does not guarantee specific response times.

Support does not include custom development, integration assistance beyond documented features, or consultation services.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. Your data will be retained for 30 days following termination, during which You may request a data export by contacting support@xpec.ai. After 30 days, all data will be permanently deleted and cannot be recovered.

If You wish to terminate Your Account, You may do so through Your Account settings or by contacting support@xpec.ai. Upon voluntary termination, no refunds will be provided for unused Credits. For refunds related to Your Alaimo Labs Subscription, please refer to the Alaimo Labs terms of service.

Inactive Accounts

If You do not log in to the Service for a continuous period of twelve (12) months, the Company may consider Your Account inactive. The Company may send a notice to the email address associated with Your Account informing You of the pending deactivation. If You do not log in within thirty (30) days of such notice, the Company may terminate Your Account and delete Your data in accordance with the data retention terms described above.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the greater of (a) the amount actually paid by You for access to the Service in the 12 months preceding the claim, or (b) 100 USD. For clarity, fees paid to Alaimo Labs for educational programs, courses, or subscriptions are not considered fees paid for access to the Service, as Xpec access is a bundled benefit of those programs at no separate charge.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

The Company shall not be liable for any damages, losses, or claims arising from:

  • Inaccuracies or errors in AI-generated content
  • Decisions made based on AI-generated Specifications
  • Third-party AI service outages or failures
  • Data loss due to Your failure to maintain independent backups
  • Unauthorized access resulting from Your failure to secure API keys or credentials
  • Charges incurred on Your AI provider account when using BYOK, including unexpected or excessive charges resulting from Your use of AI features without platform Credit limits

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

The Company specifically disclaims any warranties regarding:

  • The accuracy, completeness, or reliability of AI-generated content
  • The suitability of AI-generated Specifications for any particular purpose
  • The availability or performance of third-party AI Services
  • The security or integrity of data transmitted to third-party services
  • The availability, pricing, terms, or continued operation of third-party AI provider services accessed through BYOK

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Indemnification

General Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, Affiliates, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of any provision of these Terms
  • Your violation of any applicable law or regulation
  • Your infringement of any third-party right, including intellectual property rights or privacy rights
  • Any content You submit through or in connection with the Service
  • Your gross negligence or willful misconduct in connection with the Service

BYOK Indemnification

In addition to the general indemnification obligations above, if You use the Bring Your Own Key (BYOK) feature, You agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your breach of the representations and warranties set forth in the Bring Your Own Key (BYOK) section of these Terms
  • Your violation of the terms of service, acceptable use policies, or usage restrictions of any AI provider whose API key You provided to the Service
  • Any claim brought by an AI provider arising from Your use of their services through the BYOK feature, including claims related to unauthorized access, excessive usage, or misuse of API resources
  • Your use of an AI Provider API Key that You were not authorized to use, including keys belonging to third parties provided without their explicit consent

The Company will provide You with prompt written notice of any claim for which it seeks indemnification. The Company reserves the right, at its option and expense, to assume the exclusive defense and control of any matter subject to indemnification by You. You agree to cooperate fully with the Company in the defense of any such claim, at Your own expense. You shall not settle any claim that imposes any obligation or liability on the Company without the Company's prior written consent.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident, including the GDPR data subject rights outlined in the Privacy and Data Processing section above.

EU users have the right to lodge a complaint with their local data protection authority if they believe their data protection rights have been violated.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Artificial Intelligence Regulations

The Company is committed to responsible AI use and compliance with applicable AI regulations, including the European Union AI Act. Our AI Services are designed for lawful business purposes and should not be used for high-risk applications without appropriate human oversight and validation.

You acknowledge that AI-generated content requires human review and should not be used for critical decisions affecting health, safety, legal rights, or access to essential services without independent verification.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: support@xpec.ai