Terms of Service

 

Our Terms of Service apply to your use of our Websites and Services.

 

Definitions

When we say, “we,” “our,” or “us,” we’re referring to Xtern Software, Inc , a North Carolina limited liability company, our employees, directors, officers, affiliates, and subsidiaries.

 

When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the Xtern Software, Inc.  Service.

 

When we say “Terms,” we mean our Terms of Service, which includes our Privacy Policy.

When we say “Websites,” we mean our website located at xternsoftware.com, APPs located on IPhone and Android platforms, including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.

 

When we say “Services,” we mean our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up Xtern Software, Inc. .

 

When we say “Xtern Software, Inc. ,” we mean our Websites and Services collectively.

 

When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.

 

Intellectual Property

You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.

 

We own Xtern Software, Inc. and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of Xtern Software, Inc., our Services, or our content without our written permission.

 

Indemnification 

You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of Xtern Software, Inc. 

Limitation of Liability

To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.

 

Governing Law; Dispute Resolution

You agree that all matters, including all disputes, will be governed by the laws of the United States and by the laws of the State of North Carolina without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Greensboro, North Carolina, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

 

No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Websites or Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

 

Amendments and Changes to Xtern Software, Inc. 

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. 

 

Questions

If you have any questions or concerns about the Terms, please email us at support@xternsoftware.com 

 

 

Last updated: March 2025