Terms of Service
These terms cover the XTEM service. They are written to be read. If anything is unclear, email us at hello@xtem.app before you sign up.
1. Who we are
XTEM is a trading name of XTEC LIMITED, a company registered in England and Wales (company number 10703003), registered office 30-32 Knowsley Street, Manchester M8 8HQ. In these terms "we", "us" and "XTEM" mean XTEC LIMITED, and "you" means the business that buys the service.
The service is for businesses only. By ordering, you confirm you are acting for a business, not as a consumer.
2. The service
XTEM provides an AI team for online sellers: AI agents that do agreed jobs on your store and marketplace accounts, overseen by people. The jobs, platforms and limits for your account are set out in your plan, your order and the brief you fill in.
- Launch is a one-off project to set up a new online store, as described on our pricing page and in your order.
- Grow, Marketplace, add-ons and Full team are monthly plans for ongoing work.
We use AI tools to do much of the work, and people supervise, check and correct it. We do our best to get things right, but we cannot promise any level of sales, traffic, search ranking or reach.
3. Approvals and limits
New accounts start in Approval mode, where changes are proposed to you and only go live once you approve them. You can move routine jobs to Autopilot, where they run without asking, inside limits you set: for example a daily ad spend cap or a maximum price change.
- We will not act outside the limits and rules in your brief, or the instructions you give us in writing.
- Anything that spends money beyond your limits, issues a refund, or creates a new ad campaign always waits for your approval.
- We never delete products, listings or content. We pause or hide them instead.
- Changes are logged, and we will undo a change on request where the platform allows it.
Once you approve a change, or allow a type of change on Autopilot, you are responsible for that decision.
4. What we need from you
- Accurate information about your business, products, prices and policies, and prompt answers to our questions.
- Access to your accounts through staff, collaborator or user permissions. We do not ask for your own password and we do not store passwords.
- Responsibility for your products: that they are legal to sell, safe, correctly labelled and compliant, and that any claims about them are true and can be backed up.
- Ownership of your store, domain and marketplace accounts. They stay in your name and you pay their fees directly.
5. Fees and payment
- Prices on our website exclude VAT. We add VAT at the current UK rate where it applies.
- Launch is paid in full before work starts, unless we agree otherwise in writing.
- Monthly plans are paid monthly in advance by card or direct debit through our payment provider, Stripe.
- Third-party costs are yours and are billed to you directly by the provider: for example your Shopify subscription, apps, domain, ad spend and marketplace fees.
- If a payment fails and is not fixed within 7 days of us telling you, we may pause the service until it is paid.
- Founding client prices apply only for the period stated in your offer, after which the standard price applies. We will remind you before that happens.
6. Cancelling
- Monthly plans: there is no minimum term. Cancel at any time by email with 30 days' notice. We stop work and you are not charged again after the notice period ends.
- Launch: if you cancel before we start work, we refund you in full. After work has started, we refund only the part of the fee for work not yet done.
- When the service ends we remove our access, hand over anything we made for you, and delete your data as described in section 10.
We may end the service with 30 days' notice, or straight away if you seriously breach these terms, ask us to break the law or a platform's rules, or do not pay.
7. Platform rules
We follow the rules of Shopify, Amazon, eBay, Meta, Google, TikTok and the other platforms we work on. We will refuse any request that would break those rules, including fake or incentivised reviews, misleading claims, and link schemes.
Platforms change their rules and can act on accounts without warning. We are not responsible for a platform's decisions, such as a suspension or a listing removal, unless they are caused by our breach of these terms.
8. Who owns what
Your store, content, product data, customer data and accounts are yours. Content we create for you, such as product descriptions, pages, posts and images, becomes yours once the fees for that work are paid.
Our own tools, agent setups, prompts, methods and know-how stay ours. You may not copy or resell them.
9. Confidentiality
We keep your business information confidential and use it only to provide the service. You keep our pricing and methods confidential. This continues after the service ends.
10. Your customers' data
While we work on your accounts we may see personal data about your customers, such as names, addresses and messages. For that data you are the controller and we are your processor under UK data protection law. We will:
- use it only to provide the service and only on your instructions;
- make sure everyone who handles it is bound to keep it confidential;
- keep it secure, and tell you without undue delay if we become aware of a breach affecting it;
- use only the subprocessors listed in our privacy policy, and tell you before we add a new one so you can object;
- help you answer requests from your customers about their data;
- delete it or return it to you when the service ends, unless the law requires us to keep it.
Customer messages, reviews and other content from third parties are treated as information only. Our agents do not follow instructions contained in them.
11. Liability
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
Otherwise:
- we are not liable for loss of profit, sales, revenue, business, goodwill or data, or for any indirect or consequential loss;
- we are not liable for changes you approved, for decisions made by platforms, or for problems caused by third-party services we do not control;
- our total liability to you in any 12-month period is limited to the fees you paid us in the 6 months before the claim arose.
12. Changes to these terms
We may update these terms. For existing clients, we will email you at least 30 days before a change takes effect. If you do not agree, you may cancel before then.
13. Law
These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.