1. Agreement to Terms
By accessing or using XIFY ("the Service", "Platform", "we", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
These Terms constitute a legally binding agreement between you ("User", "you", "your") and XIFY. We reserve the right to update these Terms at any time. Continued use after changes constitutes acceptance of the modified Terms.
2. Service Description
XIFY is a contact management and marketing automation platform designed for field service businesses in the UK. The Service includes:
- Contact database management (CRM)
- Postcode-based filtering and territory management
- SMS and email campaign tools
- Booking and appointment scheduling
- Team collaboration and task assignment
- Integration with third-party services
We reserve the right to modify, suspend, or discontinue any feature at any time without prior notice.
3. Account Registration and Eligibility
3.1 Eligibility
You must:
- Be at least 18 years old
- Have legal capacity to enter into binding contracts
- Operate a legitimate business in the UK or EU
- Provide accurate and complete registration information
3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Using strong passwords and enabling two-factor authentication
3.3 One Account Per Business
Each business is entitled to one active account. Multiple accounts for the same business are prohibited and may result in suspension.
4. Acceptable Use Policy
4.1 Permitted Uses
You may use XIFY to:
- Manage legitimate customer contacts and relationships
- Send transactional messages (booking confirmations, reminders)
- Send marketing communications to contacts who have consented
- Organize your field service operations
4.2 Prohibited Uses
You must NOT:
- Send spam: Unsolicited bulk messages or marketing without proper consent
- Violate PECR: Send marketing SMS/emails without opt-in consent
- Use purchased lists: Upload third-party contact lists without verification
- Engage in fraud: Deceptive, misleading, or fraudulent communications
- Harass or abuse: Threatening, abusive, or harassing messages
- Infringe IP rights: Use copyrighted content without permission
- Compromise security: Attempt to hack, breach, or reverse engineer the Platform
- Resell access: Share, rent, or resell your account access
- Scrape data: Automated data extraction or harvesting
- Violate laws: Any illegal activity or regulatory violations
4.3 Compliance Requirements
You must comply with:
- UK GDPR and Data Protection Act 2018
- Privacy and Electronic Communications Regulations (PECR)
- Consumer Protection from Unfair Trading Regulations 2008
- Any other applicable UK and EU laws
5. Data Protection and Privacy
5.1 Your Responsibilities as Data Controller
When you upload customer data to XIFY, you are the data controller and must:
- Have a lawful basis to collect and process the data
- Obtain proper consent before sending marketing communications
- Provide privacy notices to your customers
- Honor data subject requests (access, deletion, portability)
- Keep data accurate, relevant, and up-to-date
- Implement appropriate security measures
5.2 XIFY as Data Processor
XIFY acts as a data processor for customer data you upload. We will process this data only on your instructions and in accordance with our Data Processing Agreement (DPA).
5.3 Privacy Policy
Our Privacy Policy explains how we collect, use, and protect your data.
6. Subscription and Payments
6.1 Subscription Plans
XIFY offers subscription-based pricing with monthly or annual billing. Current plans and pricing are available at xify.dev/pricing.
6.2 Billing
- Subscriptions are billed in advance on a recurring basis
- Payments are processed securely through Stripe
- You authorize us to charge your payment method on file
- Prices are in GBP (£) and exclude VAT unless stated
- Failed payments may result in service suspension
6.3 SMS and Email Credits
- SMS messages are charged per segment (160 characters for GSM-7, 70 for Unicode)
- Credits must be purchased separately and do not expire
- Multi-segment messages consume multiple credits
- Unused credits are non-refundable but remain available
6.4 Price Changes
We may change subscription prices with 30 days' notice. Price changes do not affect your current billing period.
6.5 Taxes
You are responsible for all applicable taxes (VAT, sales tax, etc.). We will add VAT to invoices where required by UK law.
7. Cancellation and Refunds
7.1 Cancellation
You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. You will retain access until then.
7.2 Refund Policy
- Monthly subscriptions: No refunds for partial months
- Annual subscriptions: Pro-rata refunds within 30 days of purchase
- SMS credits: Non-refundable once purchased
- Exceptional cases: Refunds may be granted at our discretion for billing errors
7.3 Termination by XIFY
We reserve the right to suspend or terminate your account immediately if you violate these Terms, engage in prohibited activities, or for non-payment.
8. Intellectual Property
8.1 Our IP Rights
XIFY owns all rights to the Platform, including software, design, logos, trademarks, and content. You may not copy, modify, reverse engineer, or create derivative works without written permission.
8.2 Your Content
You retain ownership of all data and content you upload. By using XIFY, you grant us a limited license to process your content solely to provide the Service.
8.3 Feedback
If you provide suggestions or feedback, we may use it to improve XIFY without compensation or attribution to you.
9. Disclaimers and Limitations of Liability
9.1 Service Availability
XIFY is provided "as is" and "as available". We do not guarantee:
- Uninterrupted or error-free operation
- 100% uptime or availability
- Delivery of all SMS or email messages
- Compatibility with all devices and browsers
9.2 Third-Party Services
We rely on third-party providers (Twilio, Resend, Stripe). We are not liable for their failures, outages, or service disruptions.
9.3 Limitation of Liability
To the maximum extent permitted by law, XIFY shall not be liable for:
- Indirect, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Damages exceeding fees paid in the last 3 months
- Events beyond our reasonable control (force majeure)
9.4 Your Liability
You agree to indemnify XIFY against claims, damages, and expenses arising from:
- Your violation of these Terms
- Your breach of data protection laws
- Spam complaints or regulatory violations
- Infringement of third-party rights
10. Data Backup and Loss
While we perform regular backups, you are responsible for maintaining your own backups of critical data. We are not liable for data loss due to:
- Accidental deletion by you or your team
- Account termination or suspension
- Technical failures or security breaches
- Service discontinuation
You can export your data at any time using our data export tools.
11. Dispute Resolution
11.1 Governing Law
These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
11.2 Informal Resolution
Before taking legal action, please contact us at support@xify.dev to resolve the issue informally.
12. Changes to Terms
We may modify these Terms at any time. Material changes will be communicated via:
- Email notification to your registered address
- In-app notification when you log in
- Updated "Last modified" date at the top of this page
Continued use after changes constitutes acceptance. If you disagree, cancel your account before changes take effect.
13. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
14. Contact Information
For questions about these Terms: