Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) are a legally binding agreement between XylaWorks, Inc., a Texas corporation (“XylaWorks,” “we,” “us,” or “our”), and you (“you” or “user”). They govern your access to and use of https://www.xylaworks.com, the XylaWorks mobile application available on the Google Play Store and Apple App Store, and any related web applications, APIs, or cloud-hosted features (collectively, the “Platform”).

By accessing or using the Platform, you confirm that you have read, understood, and agreed to these Terms, together with our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Platform.

We may revise these Terms at any time by updating the “Effective Date” above. If we make material changes, we will notify you by posting a notice on the Platform or by email. Your continued use of the Platform after the revised Terms are posted constitutes your acceptance of the changes.

2. About XylaWorks

XylaWorks is an AI-powered career development platform — accessible via web and mobile application — that provides automated tools for professional assessment, resume analysis, career planning, and related career intelligence. The Platform combines artificial intelligence with structured quality-assurance processes to generate career development outputs for users.

Important: XylaWorks is a technology platform — not a staffing agency, recruitment firm, career coaching service, or employment consultant. No human performs individualized coaching, consulting, or personalized advisory services through the Platform. All outputs are generated by automated systems subject to quality-assurance protocols.

XylaWorks does not guarantee employment, job placement, interviews, salary increases, or any specific career outcome. All Platform outputs — including assessments, career plans, resume analyses, and recommendations — are informational in nature and do not constitute professional, legal, financial, or employment advice. You are solely responsible for all career decisions you make.

3. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to use the Platform. By creating an account or using the Platform, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding contract.

The Platform is not directed at children under the age of 18. We do not knowingly collect personal information from anyone under 18. If we become aware that a user is under 18, we will promptly delete their account and associated data.

4. Account Registration

4.1 Creating Your Account

To access certain features of the Platform, you must create an account by providing accurate, current, and complete information. You agree to update your account information promptly to keep it accurate and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at support@xylaworks.com if you become aware of any unauthorized use of your account.

4.3 Account Restrictions

We may suspend, disable, or terminate your account at our discretion if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or if required by law.

5. Platform Features and Purchases

5.1 Tiered Access

The Platform offers tiered career development packages. Some features are available at no cost; others require a one-time purchase. Specific features, deliverables, and pricing for each tier are described on the Platform’s pricing page and may be updated from time to time.

5.2 Payments

All paid features are priced in U.S. dollars (USD). Payments are processed through Stripe, a third-party payment processor. By making a purchase, you authorize XylaWorks to charge your selected payment method for the applicable fee through Stripe. Your use of Stripe is subject to Stripe’s own terms of service and privacy policy.

XylaWorks does not store your full credit card number, expiration date, or CVV. All payment credentials are handled directly by Stripe in accordance with PCI-DSS standards.

5.3 No Recurring Charges

All purchases on the Platform are one-time transactions. There are no subscriptions, recurring billing, or auto-renewal charges. You will only be charged for purchases you explicitly initiate.

5.4 Refund Policy

Due to the nature of digital goods and the processing resources involved in generating Platform outputs, all purchases are final and non-refundable once processing of your order has begun. If you believe you were charged in error or experience a technical failure that prevents delivery of your purchased output, please contact us at support@xylaworks.com within 14 days of purchase. We will review your request and, at our sole discretion, may issue a full or partial refund or re-process your order.

Nothing in this section limits your rights under applicable consumer protection laws.

5.5 Pricing Changes

We reserve the right to modify pricing at any time. Price changes will not affect orders that have already been placed and paid for. We may also correct pricing errors at any time without liability.

6. Consent to AI Processing

By using the Platform, you acknowledge and consent to the following:

• Automated Processing — Your resume data, career information, assessment responses, and other inputs you provide will be processed by artificial intelligence and machine learning systems to generate Platform outputs.
• Third-Party AI Infrastructure — XylaWorks utilizes third-party AI services (including large language models) hosted on secure cloud infrastructure to process your data. Your data is transmitted to and processed by these services subject to our data processing agreements and security controls.
• No Guaranteed Accuracy — AI-generated outputs may contain inaccuracies, omissions, or biases. All outputs are provided for informational purposes and general guidance only. You are solely responsible for reviewing, verifying, and deciding whether to rely on any output.
• Quality Assurance — Platform outputs may be subject to automated and manual quality-assurance processes. These processes are system-level reviews, not individualized consulting services.
• Continuous Improvement — Anonymized and aggregated data derived from Platform usage may be used to improve AI models and Platform functionality, as further described in our Privacy Policy.

XylaWorks disclaims all liability for any loss, damage, or adverse outcome arising from your reliance on AI-generated content.

7. Intellectual Property Rights

7.1 XylaWorks Property

All text, code, graphics, user interface design, trademarks, service marks, logos, proprietary methodologies (including the 3-Dimensional Leader Framework), and software comprising the Platform (the “XylaWorks Content”) are owned by or licensed to XylaWorks and protected by U.S. and international intellectual-property laws.

You may access the Platform and view XylaWorks Content for your personal, non-commercial use only. You may not reproduce, modify, distribute, publicly display, reverse-engineer, or create derivative works from any XylaWorks Content without our prior written permission. All rights not expressly granted are reserved.

7.2 Your Outputs

Career plans, assessments, and other deliverables generated by the Platform based on your inputs (“Outputs”) are licensed to you for your personal and professional use. You may use your Outputs in your own job search, career planning, and professional development activities. You may not resell, redistribute, or commercially exploit Outputs or use them to build a competing product or service.

8. User Content and Uploads

8.1 Ownership and License

You may upload or submit resumes, text, career information, and other materials (“User Content”). You retain ownership of your User Content.

By submitting User Content, you grant XylaWorks a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, process, analyze, display, and create derivative works from your User Content as reasonably necessary to operate, maintain, enhance, and improve the Platform. This license continues for as long as your User Content remains on the Platform and for a reasonable period thereafter necessary to complete processing and maintain backups.

8.2 Your Representations

You represent and warrant that: (a) you have all rights necessary to submit your User Content; (b) your User Content does not infringe any third party’s intellectual property, privacy, or other rights; (c) your User Content does not contain false, misleading, or unlawful material; and (d) your User Content does not contain malicious code, viruses, or harmful components.

8.3 Removal

We may remove or disable access to any User Content that we believe, in our sole discretion, violates these Terms or applicable law, without prior notice.

9. Account Deletion and Data Portability

9.1 Your Right to Delete

You may request deletion of your account and associated personal data at any time by contacting support@xylaworks.com. Upon receiving and verifying your request, we will delete your account and personal data within 30 days, except where retention is required by law or for legitimate business purposes as described in our Privacy Policy.

9.2 Data Export

Before requesting account deletion, you may request an export of your personal data and Platform-generated Outputs in a commonly used electronic format. Export requests should be directed to support@xylaworks.com.

9.3 Effect of Deletion

Once your account is deleted, you will lose access to all Platform features and Outputs associated with your account. Deletion is permanent and cannot be reversed. Anonymized or aggregated data that cannot reasonably be used to identify you may be retained.

10. Acceptable Use

You agree not to:

• Use the Platform for any illegal, fraudulent, or harmful purpose
• Access or scrape data through unauthorized automated means (bots, crawlers, or similar technology)
• Distribute malware or attempt to disrupt, overload, or interfere with the Platform’s infrastructure
• Upload content that you do not own or that infringes others’ intellectual property or privacy rights
• Impersonate any person, entity, or XylaWorks representative
• Use AI-generated Outputs to deceive employers, misrepresent your qualifications, or violate any law
• Attempt to reverse-engineer, decompile, or extract source code from the Platform
• Share your account credentials or allow others to access the Platform through your account
• Use the Platform to develop a competing product or service

Violations may result in immediate account suspension or termination and may give rise to legal action.

11. DMCA and Copyright Complaints

XylaWorks respects intellectual-property rights and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe that material on the Platform infringes your copyright, send a written notice to our designated agent:

Legal Department
XylaWorks, Inc.
675 Town Center Blvd, Suite 200, Bldg 1A
Garland, TX 75040
Email: legal@xylaworks.com

Your notice must include:

1. Identification of the copyrighted work claimed to be infringed
2. Identification of the allegedly infringing material and its location on the Platform
3. Your contact information (name, address, telephone number, and email)
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
5. A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf
6. Your physical or electronic signature

We may remove allegedly infringing material and, if appropriate, terminate the accounts of repeat infringers.

12. Third-Party Links and Integrations

The Platform may contain links to or integrations with third-party websites, services, or content (such as payment processors, professional networking platforms, or app store services). Your download of the XylaWorks mobile application from the Google Play Store or Apple App Store is also subject to the respective store’s terms of service. XylaWorks is not responsible for the availability, accuracy, content, or policies of any third-party resources. Your use of third-party services is governed by their own terms and privacy policies. Inclusion of any link does not imply endorsement by XylaWorks.

13. Termination and Suspension

13.1 By XylaWorks

We may suspend or terminate your account or access to the Platform, in whole or in part, at any time and without prior notice, if we reasonably believe that: (a) you have violated these Terms; (b) you have engaged in fraudulent, abusive, or unlawful activity; or (c) termination is required by law or necessary to protect the rights, safety, or property of XylaWorks or others.

13.2 By You

You may terminate your account at any time by following the account deletion process described in Section 9 (available both within the mobile application and on the web) or by contacting support@xylaworks.com.

13.3 Effect of Termination

Upon termination, all licenses granted to you under these Terms will immediately cease. Sections of these Terms that by their nature should survive termination — including but not limited to intellectual property, indemnification, limitation of liability, disclaimers, and dispute resolution — will survive.

14. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. XYLAWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND DATA ACCURACY.

WE DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DEFECTS WILL BE CORRECTED; (C) PLATFORM OUTPUTS WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.

XYLAWORKS DOES NOT GUARANTEE EMPLOYMENT, JOB PLACEMENT, INTERVIEWS, INCOME INCREASES, OR ANY PARTICULAR CAREER OUTCOME.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XYLAWORKS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY.

IN NO EVENT SHALL XYLAWORKS’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO XYLAWORKS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations above apply to the fullest extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless XylaWorks, its officers, directors, employees, agents, affiliates, and licensors from and against any claims, actions, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your User Content; (b) your use of or access to the Platform; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

17. Force Majeure

XylaWorks will not be liable for any delay or failure to perform any obligation under these Terms resulting from causes beyond our reasonable control, including but not limited to natural disasters, acts of war or terrorism, power or telecommunications failures, cyberattacks, pandemics, epidemics, government orders or actions, labor disputes, or third-party service provider failures.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms and any dispute arising out of or relating to them or the Platform shall be governed by and construed in accordance with the laws of the State of Texas and the applicable federal laws of the United States, without regard to conflict-of-law principles.

18.2 Informal Resolution

Before initiating any formal dispute-resolution proceeding, you agree to first contact us at legal@xylaworks.com and attempt to resolve the dispute informally for at least 30 days.

18.3 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration shall take place in Dallas County, Texas, unless the parties mutually agree to an alternative location or virtual hearing.

18.4 Class Action and Jury Trial Waiver

YOU AND XYLAWORKS EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. All disputes must be brought in an individual capacity. If this class-action waiver is found unenforceable, then the entirety of this arbitration provision shall be void.

18.5 Court Jurisdiction

If arbitration is unenforceable or inapplicable for any reason, the parties consent to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas.

18.6 Time Limitation

Any claim or cause of action arising out of or related to these Terms or the Platform must be filed within one (1) year after the cause of action arose, or it will be permanently barred.

19. International Use

The Platform is operated from the United States. If you access the Platform from outside the United States, you do so at your own risk and are solely responsible for compliance with all applicable local laws. We make no representation that the Platform is appropriate or available for use in any particular jurisdiction outside the United States.

As XylaWorks expands internationally, additional jurisdiction-specific terms may be published as supplements to these Terms.

20. Electronic Communications

By creating an account on the Platform, you consent to receive electronic communications from XylaWorks, including account confirmations, order receipts, Platform updates, and legal notices. You agree that electronic communications satisfy any legal requirement that such communications be in writing, in accordance with the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state law.

21. Miscellaneous

• Entire Agreement — These Terms, together with the Privacy Policy, constitute the entire agreement between you and XylaWorks regarding your use of the Platform and supersede all prior agreements, representations, or understandings.
• Severability — If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.