XTOTN Terms of Service

Effective Date: January 1, 2023  |  Last Updated: June 13, 2026

These Terms of Service govern your access to and use of XTOTN Cloud services. By accessing or using XTOTN Cloud services, you agree to be bound by these Terms. Please read them carefully before using our services.

1. Definitions

For purposes of these Terms:

2. Scope of Services

XTOTN Cloud provides secure, reliable solutions in the field of security-related services. Other services may be offered by affiliates or partners under separate agreements.

3. Service Availability

Our Services are only available in approved countries listed on our official site. We make no warranty that Services are lawful outside these jurisdictions.

4. User Accounts

To access certain Services, you must register and maintain an account. You agree to:

4A. Eligibility & Minimum Age

You must be at least 21 years old, or the age of legal majority in your jurisdiction, to create an account and use the Services. If you are under this age, you may only use the Services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. XTOTN Cloud reserves the right to request proof of age and to suspend or terminate accounts that do not meet this requirement.

5. User Responsibilities

You are responsible for ensuring that your use of the Services complies with applicable laws and regulations. You must have the legal right to share any content or data uploaded.

6. Acceptable Use

You may not:

7. Confidentiality & Data Protection

Both parties agree to protect confidential information and only use it for its intended purpose. Absolute security cannot be guaranteed.

8. Third-Party Services

XTOTN Cloud is not responsible for third-party services linked to or integrated with our platform. Use of such services is at your own risk.

9. Fees & Payment

Fees and billing terms will be set out in your agreement. Non-payment may result in suspension or termination.

10. Indemnification

You agree to indemnify XTOTN Cloud from any claims, damages, or expenses resulting from your breach of these Terms or misuse of the Services.

11. Disclaimers; No Warranties

The XTOTN Cloud websites and online services are provided to you on an "AS IS" and "AS AVAILABLE" basis. XTOTN Cloud makes no claims regarding the quality, accuracy, reliability, or completeness of the websites or services, and expressly disclaims all warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Your use is at your own risk.

11A. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall XTOTN Cloud or its respective affiliates, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunities, arising out of or related to your use of, or inability to use, the Services, regardless of the legal theory on which the claim is based, even if XTOTN Cloud has been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, XTOTN Cloud's total aggregate liability arising out of or relating to these Terms or the Services shall not exceed the total amount of fees actually paid by you to XTOTN Cloud for the Services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to liability.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Service Modifications, Suspension, and Termination

XTOTN Cloud may, at its sole discretion, suspend or terminate your access to the websites and/or online services at any time, with or without notice, for any reason or no reason at all. XTOTN Cloud also reserves the right to modify or discontinue the websites and/or services, including limiting or removing features, without notice. XTOTN Cloud will have no liability for any change, suspension, or termination.

13. Force Majeure

XTOTN Cloud shall not be liable for delays or failures caused by events beyond our reasonable control, including natural disasters, internet outages, strikes, or governmental actions.

14. Export & Compliance

You agree to comply with all applicable export laws and trade restrictions related to your use of the Services.

16. Severability

If any provision is deemed unenforceable, the remaining provisions remain in effect.

17. No Waiver

Failure to enforce any provision shall not constitute a waiver of that provision or any other rights.

17A. Assignment

XTOTN Cloud may assign, transfer, or delegate these Terms and any related rights or obligations, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. You may not assign or transfer these Terms, or any rights or obligations hereunder, without XTOTN Cloud's prior written consent.

18. Notices

We may send you notices via email, your account dashboard, or by posting on our website. You are responsible for keeping your contact information current. To contact XTOTN Cloud:

19. Updates & Acceptance

We may update these Terms from time to time. Updates take effect upon posting. Continued use constitutes acceptance of the revised Terms.

20. Security and Incident Response

XTOTN Cloud implements reasonable security measures, including monitoring, logging, and incident response. Users must report security incidents promptly. XTOTN Cloud is not liable for incidents beyond reasonable control.

21. Data Processing & Privacy

XTOTN Cloud may store, process, and transmit data in accordance with privacy policies. All data is encrypted at rest and in transit where technically feasible. Users retain rights to request deletion or export of their data.

22. Network Abuse & Mitigation

XTOTN Cloud may detect, block, or mitigate abusive traffic, including DDoS attacks or malicious content. Users must not attempt to circumvent these protections.

23. Logging & Monitoring

XTOTN Cloud may log activity for operational, security, and compliance purposes. Logs are retained according to internal policy and applicable law.

24. Performance & Limitations

Service performance may vary due to technical or operational reasons. XTOTN Cloud is not responsible for delays, latency, or downtime beyond its control.

25. Backups & Data Retention

XTOTN Cloud performs regular backups of customer data. Users are responsible for maintaining copies of critical data.

26. Third-Party Components

Services may integrate third-party components or providers. XTOTN Cloud is not liable for third-party actions or content.

27. Export Control

You agree to comply with all applicable export control laws when using XTOTN Cloud services, including restrictions on prohibited countries, entities, and end uses.

28. Dormant Account and Resource Reclamation

For the purpose of reasonable resource allocation, if your account has not been used for a continuous period of 6 months, either by logging in or through any other means of accessing our services, it will be deemed a "Dormant Account." In such cases, XTOTN Cloud reserves the right to suspend the services for the Dormant Account and reclaim all allocated compute resources, storage data, and other associated resources. Such resource reclamation will result in the permanent deletion and irretrievable loss of all related user data.

29. Prohibition on Circumventing Geographical Restrictions

You covenant not to use any methods (including, without limitation, proxy servers, virtual private networks (VPNs), or any other technological means) to disguise your true geographical location or to circumvent any service access restrictions implemented by XTOTN Cloud based on geography. Any violation of this provision may result in the immediate termination of your right to access the services.

30. Termination for Breach

If you violate our Terms of Service or Privacy Policy, including but not limited to abusing the services, providing false information, infringing upon the rights of others, or compromising system security, we reserve the right, at our sole discretion, to immediately suspend or permanently terminate your account, and to prohibit your access to all or any part of the services, without prior notice.

To the fullest extent permitted by applicable law, in the event of such termination: (a) any subscription fees, prepayments, or other charges paid by you are strictly non-refundable, and we shall have no obligation to provide any refund, compensation, or reimbursement whatsoever; and (b) you shall be solely liable for, and shall indemnify and hold us harmless from, all losses, damages, liabilities, claims, and expenses (including but not limited to third-party claims, loss of data, business interruption, and loss of goodwill) arising out of or in connection with your breach.

30A. Survival

Sections 10 (Indemnification), 11 (Disclaimers; No Warranties), 11A (Limitation of Liability), 30 (Termination for Breach), and any other provision which by its nature should survive termination, shall survive the termination or expiration of these Terms.

31. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

32. Additional Terms

Other agreements or policies referenced by XTOTN Cloud (including Privacy Policy) form part of these Terms.

33. XTSNA Ecosystem Integration & Data Custody

Effective 2025, XTOTN Cloud formally joined the XTSNA ecosystem. As part of this integration, account data — including but not limited to registration information, authentication credentials, and associated usage data — is hosted and custodied by XTSNA on XTOTN Cloud's behalf. XTSNA acts as XTOTN Cloud's infrastructure and data custody provider for such purposes.

Your use of the Services is also subject to XTSNA's Privacy Policy and Acceptable Use Policy, available at www.xtsna.com/legal/privacy_policy and www.xtsna.com/legal/terms_of_service respectively (collectively, the "XTSNA Policies"). By accessing or using the Services, you acknowledge that you have read and agree to comply with the XTSNA Policies in addition to these Terms.

In the event of any conflict or inconsistency between these Terms and the XTSNA Policies with respect to the hosting, custody, storage, or processing of account data, the XTSNA Policies shall govern to the extent of such conflict. XTOTN Cloud reserves the right to update the links to the XTSNA Policies from time to time without prior notice.

34. Entire Agreement

These Terms, together with any policies referenced herein (including the Privacy Policy), constitute the entire agreement between you and XTOTN Cloud regarding the Services, and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and XTOTN Cloud.

35. Language & AI Translation

Some content on this website may be automatically translated by artificial intelligence (AI) technology into other languages for reference purposes only. Such translations may be inaccurate, incomplete, or contain errors. XTOTN Cloud makes no warranties as to the accuracy, reliability, or suitability of any AI-generated translations. To the fullest extent permitted by law, XTOTN Cloud shall not be held liable for any loss or damage arising from your reliance on AI-translated content. In the event of any conflict or inconsistency between the English version and a translated version of these Terms, the English version shall prevail.