Legal

Terms of Service and End-User License Agreement

The terms that govern your use of the XylaWorks platform.

Effective Date: September 2, 2026

Important: XylaWorks is intended for users age 13 and older. If you are under the age of majority where you live, you may use XylaWorks only with the permission or authorization required by applicable law and these Terms. XylaWorks provides technology-enabled career intelligence; it does not guarantee employment, admission, compensation, promotion, or any other outcome.

1. Agreement to These Terms

These Terms of Service and End-User License Agreement (“Terms”) form a legally binding agreement between XylaWorks, Inc., a Texas corporation (“XylaWorks,” “we,” “us,” or “our”), and the person or entity using the Platform (“you” or “user”). They govern your access to and use of www.xylaworks.com, the XylaWorks web application, XylaWorks mobile applications distributed through Google Play and the Apple App Store, related APIs, cloud-hosted features, and services (collectively, the “Platform”).

By creating an account, clicking an acceptance control, redeeming sponsored access, purchasing a Platform product, or otherwise using a feature that is presented subject to these Terms, you agree to these Terms and our Privacy Policy. If you do not agree, do not create an account or use the Platform.

Supplemental terms may apply to specific features, beta programs, institutional access, promotions, or purchases. If there is a conflict, a negotiated institutional or enterprise agreement controls for the use it covers; otherwise these Terms control.

2. About XylaWorks

XylaWorks is a technology-enabled career-intelligence and professional-development platform that may provide assessments, career analyses, resume-related tools, professional-development recommendations, reports, and related features using structured workflows and AI-assisted processing.

Unless XylaWorks expressly offers a separate human service under a separate agreement, the Platform is not a staffing agency, recruitment firm, employment agency, legal service, financial service, or individualized career-coaching engagement. Limited human quality assurance, security review, or customer support does not create an advisory, fiduciary, employment, agency, or professional-services relationship.

XylaWorks does not guarantee employment, interviews, admission, promotion, salary increases, compensation, credentials, or any specific career or educational outcome.

3. Eligibility and Users Under 18

You must be at least 13 years old to create or use an ordinary XylaWorks account. The Platform is not intended for children under 13.

If you are under the age of majority where you live, you may use the Platform only with the permission of a parent or legal guardian or through a sponsoring school, college, university, workforce program, employer, nonprofit, or other organization that is authorized to provide your access, in each case to the extent required by applicable law.

If XylaWorks requests a parent, guardian, or sponsoring-organization authorization for a feature, you may not use that feature until the requested authorization is completed. Users under the age of majority may not make a paid purchase unless the purchase is authorized by the applicable parent, guardian, institution, app-store account, family-purchase control, or other legally authorized payer.

XylaWorks may request age or age-band information to determine eligibility and apply age-appropriate safeguards. Providing false age information or bypassing an age or parental control violates these Terms.

4. Institution-Sponsored and Organization-Sponsored Access

A school, college, university, workforce program, employer, nonprofit, or other organization may purchase, sponsor, provision, or provide access to the Platform. Your use may then be subject to an agreement between XylaWorks and that organization.

The sponsoring organization may control eligibility, access duration, access codes, or certain administrative features. It does not automatically receive unrestricted access to your private career content. Data access, reporting, retention, and deletion are governed by the applicable agreement, the Privacy Policy, user permissions, and law.

If these Terms conflict with a negotiated institutional or enterprise agreement for sponsored use, the negotiated agreement controls to the extent of the conflict.

5. Account Registration and Security

You must provide accurate, current, and complete account information and keep it reasonably up to date. You are responsible for safeguarding your credentials and for activity occurring through your account, except to the extent caused by XylaWorks or prohibited by law.

Do not share credentials or allow another person to use your account. Notify support@xylaworks.com promptly if you believe your account has been compromised.

We may require authentication, reauthentication, identity confirmation, or security steps before sensitive account actions, including changing credentials, accessing certain records, or deleting an account.

6. Platform Features, Tiers, and Sponsored Access

XylaWorks may offer free features, paid one-time products, access-code entitlements, sponsored access, or other tiers. The current description, price, and included features are shown at the point of purchase or redemption.

Features may evolve. We may add, modify, or discontinue features when reasonably necessary for security, legal compliance, technical changes, product improvement, or business operations. A material reduction affecting a paid but unfulfilled purchase will be handled consistent with applicable law and the purchase channel’s rules.

7. Purchases, Billing, and Refunds

7.1 One-Time Purchases

Unless a specific offer says otherwise, XylaWorks consumer purchases are one-time transactions and do not automatically renew. Any future subscription product would be separately and clearly disclosed before purchase.

7.2 Purchase Channel

Web: purchases made on the XylaWorks website or web application may be processed by XylaWorks’ contracted payment processor.

iOS/iPadOS: digital functionality or services purchased within an iOS or iPadOS app will use Apple’s In-App Purchase system where required by Apple’s rules. Apple processes the payment and its terms and refund procedures apply to the transaction.

Google Play: digital functionality or services purchased within an Android app distributed through Google Play will use Google Play’s billing system where required by Google Play policy. Google’s applicable payment and refund terms apply to the transaction.

Access to qualifying products purchased on another platform may be recognized across XylaWorks platforms when permitted by the applicable app-store rules and product design.

7.3 Pricing and Taxes

Prices are displayed before purchase. Taxes may be collected by XylaWorks, the payment processor, Apple, Google, or another marketplace as required. We may change future prices, but a price change will not retroactively change a completed purchase.

7.4 Refunds and Technical Failures

Because XylaWorks provides digital processing and outputs, a completed or substantially processed purchase is generally non-refundable except where required by law, required by the applicable app store, or expressly approved by XylaWorks. If you believe you were charged incorrectly or a technical failure prevented delivery, contact support@xylaworks.com.

For purchases made through Apple or Google, refund eligibility and processing may be controlled by the applicable store and XylaWorks cannot override store rules. Nothing in these Terms limits non-waivable consumer rights.

8. AI Processing, Permission, and Outputs

AI-assisted processing is a core part of certain XylaWorks features. Information you choose to provide—such as career history, resume content, education, goals, assessment responses, prompts, and related content—may be processed by XylaWorks systems and contracted AI providers to generate requested outputs.

8.1 Separate AI Permission

Acceptance of these Terms does not replace any separate permission required before XylaWorks sends personal information to a third-party AI provider. Where required by law or app-store rules, the Platform will present a specific disclosure and obtain explicit permission before the first applicable transmission. If you decline or withdraw permission, features that depend on third-party AI processing may be unavailable.

8.2 Provider Restrictions

Under XylaWorks’ service arrangements, contracted AI providers are not authorized to use identifiable XylaWorks user content to train their general-purpose foundation models. For users under 18, AI features are made available only when the applicable provider arrangement permits that processing and required safeguards are in place.

8.3 Accuracy and User Responsibility

AI-generated or automated outputs can be incomplete, inaccurate, outdated, or biased. You are responsible for reviewing and verifying outputs before relying on them or sharing them with others. XylaWorks does not warrant that an output is suitable for a specific employer, school, opportunity, decision, or jurisdiction.

8.4 No Automated High-Impact Decision by XylaWorks

The consumer Platform is designed to support the user’s own career exploration and development. XylaWorks does not use the consumer Platform to make hiring, admissions, credit, housing, insurance, or other legally significant eligibility decisions about users on behalf of third parties.

9. User Content, Sensitive Information, and Feedback

You retain ownership of resumes, documents, text, photos, career information, prompts, responses, and other materials you submit (“User Content”).

You grant XylaWorks a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, analyze, display to you, and otherwise use User Content only as reasonably necessary to provide, secure, maintain, support, and improve the Platform in the manner described in the Privacy Policy and your applicable permissions. XylaWorks may sublicense those rights only to contracted service providers as reasonably necessary to provide those services. This license ends when the User Content is deleted from active systems, subject to reasonable backup, security, legal, and contractual retention periods.

De-identified or aggregated information that can no longer reasonably be linked to you may be used as described in the Privacy Policy. Identifiable minor-user content and identifiable institution-sponsored student content are not used to train general-purpose AI models.

You represent that you have the rights necessary to submit User Content and that your submission does not unlawfully infringe another person’s intellectual-property, confidentiality, privacy, or other rights.

Do not submit Social Security numbers, payment-card or bank credentials, passwords for third-party accounts, medical records, precise location histories, or other highly sensitive data that XylaWorks has not requested.

If you voluntarily provide product feedback or suggestions that are separate from your private career content, you grant XylaWorks a non-exclusive, perpetual, royalty-free right to use that feedback to improve or develop products, without identifying you publicly unless you separately consent.

10. XylaWorks Intellectual Property and Your Outputs

The Platform, software, interface, branding, trademarks, documentation, proprietary methodologies, frameworks, scoring logic, templates, and other XylaWorks-owned materials (“XylaWorks Content”) are owned by or licensed to XylaWorks and protected by law.

Subject to these Terms, XylaWorks grants you a limited, personal, revocable, non-exclusive, non-transferable right to access and use the Platform for your own lawful career, educational, or professional-development purposes. Institutional rights may be expanded by a separate agreement.

As between you and XylaWorks, you may use individualized reports, analyses, plans, and other outputs generated for your account (“Outputs”) for your personal and professional purposes. To the extent XylaWorks owns rights in an individualized Output that are not XylaWorks Content, XylaWorks grants you a broad, royalty-free license to use, reproduce, adapt, and share that Output for your own career and professional-development purposes. XylaWorks retains all rights in underlying XylaWorks Content, frameworks, methodologies, and software.

You may not resell access to the Platform, systematically redistribute XylaWorks Content, extract proprietary scoring or methodology, or use the Platform, XylaWorks Content, or Outputs to train, benchmark for competitive replication, or build a competing service except with written permission.

11. Prohibited High-Impact and Screening Uses

Unless a separate XylaWorks enterprise product and written agreement expressly authorizes the use and establishes the required safeguards, the Platform and Outputs may not be used as the sole or determinative basis for hiring, firing, promotion, admissions, credit, housing, insurance, background screening, or another legally significant eligibility decision about another person.

XylaWorks is not a consumer reporting agency, and the consumer Platform is not designed to provide “consumer reports” for purposes of employment background checks or other Fair Credit Reporting Act-regulated decisions.

12. Acceptable Use

You may not:

use the Platform for unlawful, fraudulent, deceptive, abusive, discriminatory, or harmful activity;
misrepresent AI-generated content as independently verified fact or use Outputs to falsify credentials or qualifications;
upload content you lack the right to use or content that unlawfully violates privacy, intellectual-property, confidentiality, or other rights;
attempt to gain unauthorized access, circumvent security or age controls, interfere with the Platform, distribute malware, or test vulnerabilities without authorization;
scrape, crawl, harvest, or access the Platform through unauthorized automated means;
reverse-engineer, decompile, disassemble, or attempt to derive source code or proprietary methods, except to the limited extent a restriction is prohibited by law;
share credentials or resell, sublicense, or transfer your account;
use the Platform or Outputs to train or develop a competing AI model, scoring system, career-intelligence product, or substantially similar service without written permission; or
use a minor user’s account, data, or Outputs in a manner inconsistent with applicable law, a sponsoring organization’s agreement, or the user’s authorized purpose.

Our Privacy Policy describes XylaWorks’ data practices and is incorporated into these Terms by reference. XylaWorks distinguishes between deleting eligible data while keeping an account and closing an account and deleting the data associated with it.

13.1 Delete Eligible Data Without Closing Your Account

To remove eligible data while continuing to use XylaWorks: sign in to the Platform, open Settings, select Privacy & Data, choose the available data-management or deletion control, and confirm the action. Depending on the current feature set, this may include eligible uploaded files, profile information or profile photo, career information, responses, user-generated content, or other account content.

Deleting selected data does not close your XylaWorks account. Information necessary to operate an active account or information subject to lawful transaction, security, fraud-prevention, or institution-sponsored retention requirements may not be individually deletable while the account remains open.

13.2 Close Your Account and Delete Associated Data

To permanently close your account: sign in to XylaWorks, open Settings, select Close Account, select Close My Account, and complete the confirmation steps. The same automated process is available from a web browser at https://app.xylaworks.com/settings/danger; authentication may be required.

After confirmation, XylaWorks schedules permanent deletion of the account and associated personal data following a 30-day grace period. The process is intended to result in deletion of the account and associated data, not merely deactivation or freezing. Limited records may be retained only as described in the Privacy Policy, including where reasonably necessary for legal compliance, accounting, transaction reconciliation, chargebacks, fraud prevention, security, dispute resolution, enforcement, or applicable institution-sponsored obligations.

You do not need to contact support to use the ordinary automated deletion process. If a technical or legal issue prevents the process from completing, you may contact support@xylaworks.com or privacy@xylaworks.com.

14. Suspension and Termination

You may stop using the Platform at any time. To close your account, use the automated process described in Section 13.2 through Settings > Close Account > Close My Account in the Platform or the corresponding authenticated web pathway.

We may suspend, restrict, or terminate access if we reasonably believe you violated these Terms, created security or fraud risk, failed to meet eligibility requirements, used the Platform unlawfully, or if suspension is required by law or a sponsoring organization’s applicable authority. Where reasonably feasible and not prohibited by security or legal concerns, we will provide notice.

Termination does not revoke your right to use Outputs you lawfully downloaded before termination, except where those Outputs themselves violate law or third-party rights. Provisions that by their nature should survive—including intellectual property, payment obligations, disclaimers, liability limits, dispute resolution, and provisions concerning retained data—survive termination.

15. Third-Party Services and Terms

The Platform may interact with third-party infrastructure, AI services, payment processors, app stores, authentication services, analytics or diagnostics tools, and links to external websites. Your use of a third-party service may be subject to that provider’s terms and privacy policy. XylaWorks is responsible for its own obligations but is not responsible for an independent third-party service outside XylaWorks’ control.

You must comply with applicable third-party terms when using the Platform, including Apple Media Services terms, Google Play terms, payment-service terms, network-provider terms, and any terms governing a service you choose to connect.

16. Apple App Store-Specific Terms

The following terms apply when you obtain or use the XylaWorks iOS or iPadOS application through Apple’s App Store. These provisions are intended to satisfy the minimum end-user license terms required for a custom App Store EULA.

Agreement with XylaWorks, not Apple. These Terms are between you and XylaWorks, not Apple. XylaWorks, not Apple, is responsible for the application and its content.
License. Your license is non-transferable and limited to use of the application on Apple-branded products that you own or control as permitted by the Apple Media Services Usage Rules, including any permitted Family Sharing, volume-purchase, or Legacy Contact use.
Maintenance and support. XylaWorks is solely responsible for maintenance and support of the application. Apple has no obligation to provide maintenance or support.
Warranty. To the extent an applicable warranty cannot lawfully be disclaimed and the application fails to conform to that warranty, you may notify Apple, and Apple may refund the purchase price paid for the application, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the application; XylaWorks is responsible for other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to an applicable warranty.
Product claims. XylaWorks, not Apple, is responsible for claims relating to the application or your possession or use of it, including product-liability, legal/regulatory-compliance, consumer-protection, and privacy claims.
Intellectual-property claims. If a third party claims that the application or your possession and use of it infringes intellectual-property rights, XylaWorks, not Apple, is responsible for investigation, defense, settlement, and discharge of that claim.
Legal compliance. You represent that you are not located in a U.S.-embargoed region or a region designated by the U.S. Government as supporting terrorism and that you are not listed on a U.S. Government prohibited- or restricted-party list.
Developer contact. XylaWorks’ name, mailing address, telephone number, and email contact appear in Section 26 below.
Third-party terms. You must comply with applicable third-party terms when using the application, including terms for your wireless data service and Apple services.
Apple as third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms for the iOS/iPadOS application and, after your acceptance, have the right to enforce these Apple-specific terms against you.

17. Google Play-Specific Terms

If you obtain the Android application through Google Play, your acquisition and use are also subject to the applicable Google Play terms. XylaWorks is responsible for the application and its support. Digital goods or services purchased within a Google Play-distributed app will use Google Play’s billing system where required by Google Play policy. Google Play’s applicable refund and marketplace rules may govern store transactions.

18. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” XYLAWORKS DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, EXCEPT TO THE EXTENT A WARRANTY CANNOT LAWFULLY BE DISCLAIMED.

XYLAWORKS DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR THAT ANY OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR A PARTICULAR OPPORTUNITY OR DECISION.

Nothing in these Terms excludes warranties, guarantees, or consumer rights that cannot be waived under applicable law or an applicable app-store agreement.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XYLAWORKS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO THE PLATFORM OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XYLAWORKS’ TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING FROM OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO XYLAWORKS OR THE APPLICABLE APP STORE FOR THE XYLAWORKS PRODUCT GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations do not apply where prohibited by law and do not limit liability that cannot lawfully be limited.

20. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless XylaWorks and its officers, directors, employees, agents, affiliates, and licensors from third-party claims and reasonable costs arising from your unlawful User Content, your material violation of these Terms, your infringement of another person’s rights, or your unlawful or unauthorized use of the Platform. This obligation does not apply to the extent a claim is caused by XylaWorks’ own unlawful conduct, gross negligence, or willful misconduct.

21. Governing Law and Dispute Resolution

These Terms are governed by Texas law and applicable U.S. federal law, without regard to conflict-of-law rules, except to the extent mandatory law in your jurisdiction provides otherwise.

Before starting formal proceedings, the parties will attempt in good faith to resolve a dispute for at least 30 days after written notice to legal@xylaworks.com.

Except for eligible small-claims matters, claims for emergency injunctive relief involving misuse of intellectual property or security, and claims that cannot lawfully be arbitrated, disputes will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules. Hearings may be conducted remotely or at another location required by those rules or applicable law.

30-day arbitration opt-out: You may opt out of arbitration by emailing legal@xylaworks.com within 30 days after you first accept these Terms. Include your name, account email, and a clear statement that you opt out of arbitration.

TO THE EXTENT PERMITTED BY LAW, YOU AND XYLAWORKS WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. CLAIMS MUST BE BROUGHT INDIVIDUALLY.

If you are under the age of majority, this Section applies only to the extent it is validly agreed by the person or organization authorized to consent on your behalf and permitted by applicable law. A negotiated institutional or enterprise dispute clause supersedes this Section for the agreement it covers.

22. Export Controls and Sanctions

You may not use, export, re-export, or provide access to the Platform in violation of U.S. export-control, sanctions, or other applicable trade laws. You represent that you are not prohibited from receiving the Platform under applicable U.S. sanctions or restricted-party rules.

23. Electronic Communications

You agree that XylaWorks may send electronic account, security, transaction, support, and legal notices to the email address or other electronic contact associated with your account. These communications are part of providing the Platform and are not the same as optional marketing communications.

Marketing communications are subject to the choices described in the Privacy Policy and applicable law. You may unsubscribe from marketing without losing necessary account, transaction, security, or legal notices.

24. Copyright and Intellectual-Property Complaints

If you believe material available through the Platform infringes your copyright or other intellectual-property rights, send a detailed notice to:

Legal Department

XylaWorks, Inc.

675 Town Center Blvd, Suite 200, Bldg 1A

Garland, TX 75040

legal@xylaworks.com

A copyright notice should identify the protected work, the allegedly infringing material and its location, your contact information, the basis for your good-faith claim, and your physical or electronic signature, together with any statements required by applicable copyright law.

25. Miscellaneous

Changes: We may update these Terms for legal, security, technical, or product reasons. We will provide notice of material changes where required and obtain renewed acceptance where required by law. Changes do not retroactively alter rights for a dispute that arose before the change where prohibited by law.
Entire agreement: These Terms, the Privacy Policy, applicable supplemental terms, and any applicable negotiated agreement constitute the agreement governing the use they cover.
Severability: If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions continue.
No waiver: Failure to enforce a provision does not waive it.
Assignment: You may not assign these Terms without our written consent. XylaWorks may assign them in connection with a merger, acquisition, corporate reorganization, or sale of substantially all relevant assets, subject to applicable law.
Force majeure: XylaWorks is not responsible for delay or failure caused by events outside its reasonable control, subject to non-waivable legal obligations.
Headings: Headings are for convenience and do not limit the provisions.

26. Contact Information

XylaWorks, Inc.