Terms of Service

⚠️ This is a drafting starting point, not a Terms of Service
Written by the engineering side so that counsel has something concrete to mark up instead of a blank page. It is not legal advice and must not be published as-is.
Before this goes live, a lawyer qualified in your governing jurisdiction has to review every section, and you have to fill in every <<PLACEHOLDER>>. Several clauses below — limitation of liability, indemnity, governing law, arbitration — are exactly the ones that are unenforceable if drafted wrong, and they are the ones a customer's counsel will read first.
Accuracy note that matters legally: §6 deliberately does not promise that xfilguard removes all personal data. As of this draft the product's measured detection is materially below 100% on several entity types and has never been measured against a labelled ground-truth corpus (see docs/audit-v1-production-readiness-2026-08-03.md §3, P0-7). Do not let anyone soften §6 into a guarantee before that measurement exists.

1. Who these terms are between

These Terms of Service ("Terms") govern access to and use of the xfilguard service ("Service") provided by <<LEGAL ENTITY NAME>>, a <<ENTITY TYPE>> registered in <<JURISDICTION>> under number <<REGISTRATION NUMBER>>, with registered address <<ADDRESS>> ("we", "us").

"You" means the individual or organisation that creates an account. Where you accept these Terms on behalf of an organisation, you represent that you are authorised to bind it, and "you" means that organisation.

By creating an account, or by using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. The Service

xfilguard detects personal and sensitive information in documents and text that you submit, presents what it detected for your review, and produces a modified copy in which the items you selected are replaced or removed.

The Service is provided on a software-as-a-service basis. We may change, add to, or discontinue features. Where a change materially reduces core functionality you are paying for, we will give you at least <<NOTICE PERIOD, e.g. 30>> days' notice by email and you may terminate under §10.

3. Accounts, workspaces and seats

3.1 You must provide accurate registration information and keep your credentials confidential. You are responsible for all activity under your account.

3.2 The Service is organised into workspaces. A workspace administrator can invite members, remove members, and configure workspace settings. You are responsible for who you invite and for what your members do.

3.3 Paid plans are licensed per seat. A seat is occupied by an active member or a pending invitation. You may not share one seat between individuals.

3.4 You must be at least 18 years old and legally able to enter a contract.

4. Acceptable use

You must not:

use the Service in breach of any law, or to process data you have no lawful basis to process;
upload material you do not have the right to upload;
attempt to gain unauthorised access to the Service, other customers' data, or our infrastructure;
probe, scan or test the Service's security without our prior written consent (see §12 for how to report vulnerabilities responsibly);
resell, sublicense or provide the Service to third parties except as expressly permitted;
use the Service to build a competing product, or to benchmark it for publication, without our prior written consent;
circumvent usage limits, rate limits or seat counts.

We may suspend access immediately where we reasonably believe continued use threatens the Service, other customers, or our legal position. We will tell you why, and restore access once resolved.

5. Your content

5.1 You retain all rights in the documents and text you submit ("Your Content"). We claim no ownership.

5.2 You grant us a limited licence to host, process, transmit and display Your Content solely to provide the Service to you, and for no other purpose. We do not use Your Content to train models.

5.3 You are responsible for having a lawful basis to submit Your Content, including any consent or notice your own customers, employees or patients are owed.

5.4 Retention and deletion are described in the Privacy Policy. Where we act as a processor of personal data on your behalf, the Data Processing Agreement (<<DPA URL>>) governs and, on the subject matter it covers, takes precedence over these Terms.

6. What we do and do not promise about detection

Read this section carefully. It is the most important one in this document.

6.1 The Service uses automated detection. Automated detection is not perfect. It will sometimes fail to identify personal or sensitive information, and it will sometimes identify text that is not sensitive.

6.2 We do not warrant that the Service detects or removes all personal, sensitive, confidential or regulated information from any document or text. No output of the Service should be treated as certified de-identified, anonymised, or safe to disclose without your own review.

6.3 The Service presents detected items for your review before producing an output. You are responsible for reviewing that output before you disclose, transmit or publish it, including before sending it to any third-party system such as a large language model.

6.4 Where the Service reports that it could not apply every change you requested, that report is part of the output. You must not treat such an output as fully processed.

6.5 Compliance presets (for example those named after regulatory regimes) are configuration conveniences. Selecting one does not constitute legal advice, an assessment of your compliance, or a representation that the output satisfies any particular law or standard. <<Counsel: confirm this is sufficient, and confirm which preset names may lawfully be used in marketing.>>

7. Fees, billing and taxes

7.1 Paid plans are billed in advance on the interval shown at checkout, through our payment processor. Fees are stated in <<CURRENCY>> and are exclusive of taxes unless stated otherwise.

7.2 Subscriptions renew automatically until cancelled. You may cancel at any time, effective at the end of the current billing period.

7.3 Except where required by law, fees are non-refundable. <<Counsel: EU/UK consumer withdrawal rights may override this for non-business customers.>>

7.4 If payment fails, we may suspend the ability to process new documents after a grace period of <<GRACE PERIOD>> days, while leaving your existing data accessible so you can retrieve it and update payment.

7.5 We may change prices with at least <<NOTICE PERIOD>> days' notice, effective at your next renewal.

8. Availability and support

8.1 We aim to keep the Service available but do not commit to an uptime figure under these Terms. <<If you intend to offer an SLA, it goes in a separate document and is referenced here — do not promise a number until the monitoring and alerting exist to measure it.>>

8.2 Support is provided at <<SUPPORT EMAIL>> on a commercially reasonable basis during <<BUSINESS HOURS / TIMEZONE>>.

8.3 We may perform maintenance that briefly interrupts the Service, and will give notice where practicable.

9. Security

9.1 We maintain technical and organisational measures appropriate to the risk, described in <<SECURITY PAGE URL>>.

9.2 No system is perfectly secure. §6 and §11 apply.

9.3 We will notify you without undue delay of a personal data breach affecting Your Content, as required by applicable law and by the DPA.

10. Term and termination

10.1 These Terms apply from account creation until terminated.

10.2 You may terminate at any time by cancelling and closing your account.

10.3 We may terminate for material breach that is not cured within <<CURE PERIOD, e.g. 14>> days of notice, or immediately where the breach cannot be cured or where required by law.

10.4 On termination, your right to use the Service ends. We will delete Your Content in accordance with the Privacy Policy and the DPA. You are responsible for exporting anything you need before termination takes effect.

10.5 Sections 5.1, 6, 11, 12 and 14 survive termination.

11. Warranties, liability and indemnity

<<Counsel: this entire section requires review. The caps and exclusions below are conventional for SaaS but their enforceability is jurisdiction-specific, and consumer protection law may void parts of them for non-business customers.>>

11.1 Except as expressly stated, the Service is provided "as is" and we disclaim all implied warranties to the maximum extent permitted by law, including merchantability, fitness for a particular purpose, and non-infringement.

11.2 We are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill or data, however caused.

11.3 Our total aggregate liability arising out of or related to these Terms is limited to the greater of (a) the fees you paid in the <<12>> months before the event giving rise to the claim, and (b) <<AMOUNT>>.

11.4 Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited.

11.5 You will indemnify us against third-party claims arising from Your Content or from your breach of §4, except to the extent caused by our breach.

12. Security reporting

If you believe you have found a vulnerability, contact <<SECURITY EMAIL>> before disclosing it publicly. We will acknowledge within <<N>> business days and will not pursue legal action against good-faith research conducted within the scope described at <<SECURITY PAGE URL>>.

13. Changes to these Terms

We may update these Terms. For material changes we will give at least <<NOTICE PERIOD>> days' notice by email or in-product. Continued use after the effective date constitutes acceptance. If you do not accept, terminate under §10.2.

14. General

14.1 Governing law. These Terms are governed by the laws of <<JURISDICTION>>, without regard to conflict-of-law rules.

14.2 Disputes. <<Counsel: choose courts or arbitration, and specify seat, rules and language. If you sell to consumers, mandatory forum rules may apply.>>

14.3 Assignment. You may not assign these Terms without our consent. We may assign to an affiliate or in connection with a merger or sale of assets.

14.4 Entire agreement. These Terms, the Privacy Policy and (where applicable) the DPA are the entire agreement between us on this subject.

14.5 Severability. If a provision is unenforceable, the rest remains in effect.

14.6 No waiver. Failure to enforce a provision is not a waiver of it.

14.7 Notices. To you: the email on your account. To us: <<LEGAL EMAIL>>.

Contact. <<LEGAL ENTITY NAME>>, <<ADDRESS>>, <<LEGAL EMAIL>>.