Welcome to Xenqu, a platform developed and operated by Essium Labs Inc ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Xenqu platform, including our Agentic AI (Xena), operational intelligence workflows, and associated services (collectively, the "Service"). By creating an account or using the Service, you ("Customer," "you," or "your") agree to be bound by these Terms.
1. Definitions
- "Service"
- refers to the Xenqu operational intelligence platform and all related features provided by Essium Labs Inc.
- "Case"
- is the fundamental unit of value and billing within the platform, representing a standardized workflow processed by the Service.
- "Consumables"
- refer to Xena AI credits, Communications (Comms — SMS/Email), Data Elements, and File Ingestion utilized during a Case.
- "Global Pool"
- is the monthly aggregated balance of Consumables available to a Customer, derived from their base subscription, overage cases, and active Boosters.
- "Boosters"
- are recurring or one-time add-on purchases used to increase the allowances of Consumables within the Global Pool.
2. Use of the Service
2.1 License to Use
We grant you a non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes, strictly in accordance with these Terms and your selected billing plan.
2.2 Agentic AI (Xena)
Xenqu utilizes artificial intelligence to automate complex workflows ("shadow work"). While we strive for accuracy, AI-generated outputs and automated actions are not guaranteed to be error-free. You are responsible for overseeing and validating the outputs generated by Xena.
2.3 Communications Compliance
Your use of Comms allowances (SMS and Email) must comply with all applicable anti-spam and telecommunications laws (e.g., CAN-SPAM, TCPA). You may not use the Service to send unsolicited, harassing, or illegal messages.
3. Billing, Fees, and The Economic Model
3.1 Base Subscriptions
Access to the Service requires an active monthly subscription (Starter, Professional, or Scale). Each subscription includes a predefined number of Cases per billing cycle.
3.2 Metered Overages
If you exceed the included Cases in your subscription tier, you will be billed for additional Cases on a metered basis at the respective overage rate for your tier.
3.3 Allowances and The Global Pool
Every included Case and every metered overage Case contributes a set amount of Consumables (AI credits, Comms, Data Elements, and File Ingestion) to your Global Pool for the current billing cycle.
If your consumption exceeds your Global Pool limits, workflows will either pause (if you have enabled a "Hard Cap") or automatically trigger a One-Time Booster purchase (if you have enabled a "Soft Cap/Auto-buy").
3.4 Boosters
Customers may purchase Boosters to increase Consumable limits.
- One-Time Boosters: Instant top-ups applied to the current billing cycle.
- Monthly Boosters: Recurring profile modifiers that permanently increase per-Case multipliers.
3.5 Auto-Charging and Threshold Billing
To prevent runaway costs and fraud, Xenqu employs a threshold billing model. If your unbilled metered overages and/or one-time booster purchases reach or exceed $300.00 USD at any point during a billing cycle, your payment method on file will be automatically charged mid-cycle. This resets your unbilled balance.
3.6 Payment Processor
All payments are processed securely via Stripe. By subscribing, you agree to Stripe's terms of service and authorize us to charge your payment method on a recurring and/or metered threshold basis.
3.7 Downgrades and Refunds
You may downgrade your plan or cancel Monthly Boosters at any time. However, modifications or downgrades will take effect at the start of the next billing cycle. We do not offer prorated refunds for unused Cases, Consumables, or mid-cycle Booster downgrades.
4. Cost Controls and User Responsibility
4.1 The Operational Cockpit
Xenqu provides an Operational Cockpit detailing your Global Pool progress and consumption. You are solely responsible for monitoring your usage.
4.2 Account Limits
You are responsible for configuring your Cost Control Settings (Hard Caps vs. Soft Caps/Auto-buys). If you choose to enable automated purchases (Soft Caps), you are financially liable for all resulting charges.
5. File Ingestion, Retention, and Privacy
5.1 File Ingestion Limits
Xenqu tracks File Ingestion (measured in Megabytes/MBs) as a Consumable. You are limited to the maximum file size and total ingestion volume limits dictated by your subscription tier and active Boosters. Exceeding your Global Pool for File Ingestion requires the purchase of a Booster to process further files.
5.2 Compliance and PII
You are solely responsible for managing compliance with applicable Personally Identifiable Information (PII) laws, data privacy regulations, and your internal company policies. Essium Labs Inc shall not be liable for compliance failures or data breaches resulting from your failure to properly configure data deletion rules.
6. Intellectual Property
All software, design, features, and intellectual property associated with Xenqu and Xena remain the exclusive property of Essium Labs Inc. You retain all rights to the raw data and documents you upload into the Service.
7. Limitation of Liability
To the maximum extent permitted by law, Essium Labs Inc and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or operational delays arising from your use of the Service. Our total liability for any claims arising under these Terms shall not exceed the total amount you paid to us in the three (3) months preceding the claim.
8. Termination and Suspension
We reserve the right to suspend or terminate your access to the Service immediately if you violate these Terms, fail to pay outstanding invoices, or if your usage places an unreasonable burden on our infrastructure or third-party partners (e.g., OpenAI, Twilio, AWS).
9. Modifications to the Terms
We reserve the right to update these Terms and our pricing structure at any time. We will notify you of any material changes via email or through the platform interface. Continued use of the Service following such notice constitutes your acceptance of the new Terms.
10. Contact Information
If you have any questions regarding these Terms, your billing, or your subscription, please contact us at support@essiumlabs.com.