Markings
xMarkings
Terms of Service
Last updated: December 20, 2025

1. Acceptance of Terms

By accessing or using the xMarkings service ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, then you may not access the Service.

2. Service Description

xMarkings provides AI-powered tools and a platform to assist with the documentation and processes related to product certification, including but not limited to CE marking. Our Service does not constitute legal advice, and we do not guarantee certification. The user is solely responsible for the accuracy of the information provided and for the final compliance of their products.

2.1. Intellectual Property and Reverse Engineering Prohibition

Prohibited Activities: You expressly agree NOT to:

  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, workflows, or methodologies underlying the Service
  • Extract, copy, or replicate our proprietary workflows, processes, templates, or AI models
  • Use the Service to learn or replicate our certification workflows, document generation processes, or compliance methodologies for competitive purposes
  • Create derivative works based on our Service's workflows, processes, or methodologies
  • Share, distribute, or make available any workflows, processes, or methodologies learned through use of the Service to third parties, including competitors

Ownership: All workflows, processes, methodologies, templates, AI models, algorithms, and other intellectual property used in or generated by the Service are the exclusive property of xMarkings and its licensors. All content generated by the Service, including but not limited to documents, templates, and reports, includes copyright notices and is protected by copyright law.

Violation: Any violation of this section constitutes a material breach of these Terms and may result in immediate termination of your account and legal action.

3. User Accounts

To use certain features of our Service, you must register for an account. You are responsible for safeguarding your account password and for any activities or actions under your account. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Subscriptions and Billing

We offer various subscription plans with different features and limits. Fees for our subscription plans are billed in advance on a recurring basis and are non-refundable, except as required by law.

4.1. Minimum Commitment Period

12-Month Minimum Commitment: All paid subscription plans (Pro and Team) require a minimum 12-month commitment period, regardless of whether you choose monthly or yearly billing. You may select monthly payments, but you are committed to paying for 12 months.

  • Monthly billing: You will be charged monthly, but you are committed to 12 monthly payments
  • Yearly billing: You will be charged annually, with a 12-month commitment
  • You cannot cancel your subscription during the 12-month commitment period
  • After the 12-month commitment period ends, you may cancel with 30 days' notice
  • Early termination fees may apply if you cancel before the commitment period ends

4.2. Cancellation

After your 12-month commitment period has ended, you may cancel your subscription at any time. Cancellation requires a 30-day notice period and will take effect at the end of the current billing cycle following the notice period. Cancellation during the commitment period is not permitted except as required by law or as otherwise agreed in writing.

5. User Content and Generated Content

User Content: You retain all rights to any information, data, or documents you upload to the Service ("User Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and modify the User Content solely for the purpose of providing and improving the Service for you.

Generated Content: All documents, reports, templates, and other content generated by the Service ("Generated Content") include copyright notices indicating that they were generated using xMarkings proprietary technology. While you may use Generated Content for your business purposes, xMarkings retains all rights in the underlying technology, workflows, processes, and methodologies used to generate such content. The copyright notices in Generated Content must not be removed or altered.

6. Limitation of Liability and Comprehensive Disclaimers

General Limitation: In no event shall xMarkings, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

6.1. No Warranty for Certification, Testing, or Compliance

Certification Disclaimer: xMarkings does not guarantee, warrant, or represent that:

  • Your products will pass any tests, inspections, or certifications
  • Your products will be certified by any certification body, notified body, or regulatory authority
  • Your products will comply with any applicable laws, regulations, directives, or standards
  • The information, guidance, or documents generated by the Service are accurate, complete, or sufficient for certification purposes
  • Your products will be approved for sale in any jurisdiction

You are solely responsible for ensuring your products meet all applicable requirements and obtaining all necessary certifications, approvals, and authorizations.

6.2. No Liability for Failed Tests or Certifications

xMarkings shall not be liable for:

  • Products that fail laboratory tests, compliance tests, or any other testing procedures
  • Rejection of certification applications by certification bodies, notified bodies, or regulatory authorities
  • Denial of market access or product approval in any jurisdiction
  • Costs associated with failed tests, rejected applications, or product recalls
  • Loss of revenue, business opportunities, or market access due to failed certifications or compliance issues

6.3. No Liability for Inaccurate Information

xMarkings does not warrant the accuracy, completeness, or timeliness of:

  • Any information, data, or content provided through the Service
  • AI-generated content, recommendations, or suggestions
  • Regulatory information, standards, or directive interpretations
  • Document templates, checklists, or generated documents
  • Third-party information or links provided through the Service

You are responsible for verifying all information and consulting with qualified professionals (legal, technical, regulatory) before relying on any information from the Service.

6.4. No Liability for Legal Actions or Lawsuits

xMarkings shall not be liable for:

  • Any lawsuits, legal actions, claims, or disputes arising from your use of the Service or your products
  • Regulatory enforcement actions, fines, or penalties imposed on you or your products
  • Product liability claims, personal injury claims, or property damage claims
  • Intellectual property infringement claims (except as provided in Section 5 regarding User Content)
  • Breach of contract claims by your customers, suppliers, or partners
  • Any legal costs, attorney fees, or settlement amounts

6.5. No Liability for Intellectual Property Theft or Loss

xMarkings shall not be liable for:

  • Theft, misappropriation, or unauthorized disclosure of your intellectual property
  • Loss of trade secrets, proprietary information, or confidential data
  • Unauthorized access to your account or data (except as provided in Section 3 regarding account security)
  • Data breaches, cyberattacks, or security incidents affecting the Service
  • Loss of competitive advantage or business opportunities due to information disclosure

While we implement security measures, you acknowledge that no system is completely secure and you use the Service at your own risk.

6.6. No Liability for Service Interruptions or Errors

xMarkings shall not be liable for:

  • Service interruptions, downtime, or unavailability
  • Data loss, corruption, or unavailability
  • Errors, bugs, or malfunctions in the Service
  • Incompatibility with your systems or third-party services
  • Loss of data or documents due to technical issues

6.7. Maximum Liability

To the maximum extent permitted by law, xMarkings's total liability for any claims arising from or related to the Service shall not exceed the amount you paid to xMarkings in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

6.8. Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, xMarkings's liability shall be limited to the maximum extent permitted by law.

7. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

8. Governing Law

These Terms shall be governed and construed in accordance with the laws of Sweden, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

9. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

10. Contact Us

If you have any questions about these Terms, please contact us at legal@xmarkings.com.