These Terms of Use (the "Terms") govern access to and use of the XTND website and the XTND legal billing automation platform, APIs, and related services (the "Service"), provided by XTND Technologies, Inc. ("XTND," "we," "us," or "our"), a North Carolina corporation with a mailing address at 1608 Queen St, PMB 3, Wilmington, NC 28401. By accessing or using the Service, you ("you") agree to these Terms. If you are entering into these Terms on behalf of an entity, you represent that you have authority to bind that entity.
If you have signed an XTND Subscription Agreement, that agreement (together with its Pricing Proposal, Data Processing Agreement, and any addenda) governs your use of the Service and controls over these Terms in the event of any conflict. Commercial terms, including fees and payment, subscription term and renewal, service levels, and monetary liability caps, are set out in that signed agreement, not in these Terms. These Terms govern use of our website and any access to the Service not covered by a signed agreement.
1. Eligibility; Territory
The Service is a business-to-business product offered to legal organizations located in and operating within the United States. You must be at least 18 years old and acting on behalf of a business to use the Service. Use of the Service from or for the benefit of operations outside the United States requires XTND's prior written consent.
2. Accounts and Access
You must provide accurate registration information and keep it current. Authentication is handled via single sign-on; XTND does not store your user passwords. You are responsible for all activity under your account and your Authorized Users' credentials, whether or not authorized by you. Each user must use unique credentials with multi-factor authentication where supported, must not share credentials, and you must notify us of suspected credential compromise within 24 hours at security@xtnd.legal.
Access is granted on a non-exclusive, non-transferable basis for your internal business purposes.
3. The Service
The Service provides automation for legal billing workflows, including pre-bill review, invoice generation, consolidated invoicing, matter ledger compilation, evergreen trust replenishment requests, and integrations with Clio and QuickBooks Online. We may update or modify the Service from time to time.
Trust and financial output verification. The Service generates trust-replenishment requests, invoices, matter ledgers, and related outputs based on calculation logic and parameters that you review and approve during implementation. These outputs do not constitute legal, accounting, or trust-compliance advice. The Service does not initiate, recommend, or execute any movement of funds; all trust and financial transactions are performed solely by you or your financial institution. You remain solely responsible for compliance with applicable trust-accounting, IOLTA, and professional-responsibility rules and for verifying all outputs before relying on them.
4. Acceptable Use
You will not, and will not permit any user to:
- conduct penetration testing, vulnerability scanning, or load testing of the Service without our prior written consent;
- attempt to circumvent authentication, rate limits, tenant isolation, or any other security control;
- upload malicious code or content that infringes third-party rights;
- use the Service to send spam or phishing communications;
- reverse engineer, decompile, or disassemble the Service;
- share user credentials;
- submit Protected Health Information (PHI) or use the Service as a system of record for PHI; submit full payment-card numbers; submit personal data of individuals known to be under 13; or submit personal data of individuals located in the EEA, UK, or Switzerland without our prior written consent;
- use the Service by, on behalf of, or for the benefit of any sanctioned party; or
- use the Service to develop a competing product.
Violation of this section permits immediate suspension and termination.
Vulnerability disclosure. If you discover a security vulnerability in the Service, report it confidentially to security@xtnd.legal, allow us at least 90 days to investigate and remediate before any public disclosure, and do not exploit it beyond what is strictly necessary to demonstrate it.
5. Suspension
We may suspend access for suspected unlawful use or material breach, and immediately where use presents an active security threat, breaches the Acceptable Use rules, or jeopardizes the integrity, security, or availability of the Service, with restoration once resolved.
6. Your Data and Privacy
You own your data. You retain all rights in the data you and your users submit to the Service and in the finalized invoices, pre-bills, matter ledgers, trust-replenishment requests, and reports the Service delivers to you. You grant us the limited rights needed to host, process, and display that data solely to provide, secure, and support the Service.
We own the platform. XTND retains all rights in the Service, including its software, algorithms, models, and workflow logic, and in the derived analytical and operational data the platform generates (such as review insights, risk scores, revision history, and system logs).
Privacy. We process personal information as described in our Privacy Policy (https://xtnd.legal/privacy) and, for subscribed customers, a written Data Processing Agreement. We act as a service provider under the CCPA/CPRA; we do not sell or share personal information; and we do not train AI/ML models on your data. All Service data is hosted and stored in Amazon Web Services data centers located in the United States, and we do not store it outside the United States.
Privileged information. We acknowledge your data may contain privileged or work-product material; we treat it as your confidential information, access it only to provide, secure, and support the Service, and our processing is not intended to waive any privilege.
Data export and return, retention periods, and post-termination handling are governed by your signed agreement and Data Processing Agreement.
7. Confidentiality
Each party will protect the other's non-public information and use it only to perform under these Terms.
8. Intellectual Property; DMCA
Feedback you provide may be used by us without restriction or compensation. We respect intellectual property rights and comply with the DMCA; report claimed infringement to support@xtnd.legal with the details required by 17 U.S.C. § 512(c)(3).
XTND® and the XTND logo are trademarks of XTND Technologies, Inc., registered in the U.S. and other countries. These Terms grant you no right or licence to use them, and you may not use them without our prior written permission, except to refer accurately to the Service.
9. Warranties and Disclaimers
You warrant that you have the rights to the data you submit, that your use complies with applicable law (including trust-accounting rules), and that you will not infringe third-party rights.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, XTND DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION. Some jurisdictions do not allow certain warranty exclusions, so some may not apply to you.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
For subscribed customers, XTND's aggregate monetary liability is governed by the limitation of liability set out in the signed Subscription Agreement. Non-waivable rights of California residents under the CCPA/CPRA are not limited by these Terms.
11. Indemnification
You will indemnify and defend XTND against third-party claims arising from your data, your breach of these Terms (including Acceptable Use), your violation of law, or your submission of prohibited data types (including PHI, full card numbers, under-13 data, or EEA/UK/Swiss personal data without consent).
12. Termination
Either party may terminate for material breach uncured within ten (10) days of written notice, or upon the other party's insolvency. For subscribed customers, data return or deletion and any fee settlement are handled under the signed agreement. Sections concerning intellectual property, confidentiality, indemnification, limitation of liability, and governing law survive termination.
13. Force Majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, acts of government, and cybersecurity events outside XTND's reasonable control (such as zero-day exploitation of third-party infrastructure, large-scale denial-of-service attacks, or widespread internet outages). This does not relieve XTND of its obligation to maintain its documented security safeguards.
14. Governing Law and Dispute Resolution
These Terms are governed by North Carolina law, without regard to conflicts of laws. The parties will first attempt in good faith to resolve any dispute through negotiation for 30 days, then through mediation administered under the AAA Commercial Mediation Procedures in New Hanover County, North Carolina, with costs shared equally. If mediation is unsuccessful, disputes will be resolved exclusively in the state courts of New Hanover County, North Carolina, or the United States District Court for the Eastern District of North Carolina, and the parties consent to that jurisdiction and venue.
15. Changes to These Terms
We may update these Terms from time to time and will notify users of material changes by posting on this website or, for account holders, by email or dashboard notice. Continued use after the effective date constitutes acceptance. For customers with a signed Subscription Agreement, changes to that agreement are governed by its amendment provisions, not by this section.
16. Miscellaneous
Severability: invalid provisions are severed; the remainder stays in effect. Assignment: you may not assign these Terms without our consent, except to an affiliate or an acquirer of substantially all your assets with 30 days' notice; we may assign these Terms. Subcontractors: we may use subcontractors and remain responsible for them; subcontractors processing personal data are bound by our Data Processing Agreement obligations. Entire agreement: these Terms and the Privacy Policy constitute the full agreement for use of the website and any access not covered by a signed agreement; a signed Subscription Agreement and its order form control over these Terms for subscribed customers.
Contact: support@xtnd.legal