Terms and Conditions

Last Updated: September 2026

Welcome to psilomelane.xyz. These Terms and Conditions ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you" or "User"), and Psilomelane ("Company," "we," "us," or "our"), governing your access to and use of the website located at psilomelane.xyz, together with any related software-as-a-service platforms, applications, application programming interfaces, dashboards, documentation, content, and features made available by the Company (collectively, the "Service").

By accessing, browsing, registering for, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and Cookie Policy, each of which is incorporated herein by reference. If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Service.

1. Acceptance of Terms

You accept these Terms by accessing the Service, creating an account, executing an order form or subscription agreement that references these Terms, or by clicking any "I agree," "accept," or similarly designated button. Your acceptance is effective as of the date of first such access or action and continues for so long as you use the Service.

If you are entering into these Terms on behalf of a company, partnership, or other legal entity, you represent and warrant that you have full legal authority to bind that entity to these Terms, in which case "you" and "User" refer to that entity. If you lack such authority, you must not accept these Terms or use the Service on the entity's behalf.

The Service is intended for users who are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction of residence, whichever is greater. By using the Service, you represent and warrant that you satisfy this requirement and that you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction.

These Terms, together with any supplemental terms, order forms, or policies expressly incorporated by reference, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior or contemporaneous understandings, proposals, and communications, whether written or oral.

2. Use of Service

2.1 Limited License

Subject to your continued compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your internal business or personal purposes. All rights not expressly granted herein are reserved by the Company. You may not reproduce, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, or create derivative works of the Service or any component thereof, except to the extent such restriction is prohibited by applicable law.

2.2 Account Registration and Security

Certain features of the Service require you to register an account. You agree to provide accurate, current, and complete information during registration and to promptly update such information to keep it accurate and complete. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account, whether or not authorized by you. You must notify the Company immediately at [email protected] upon becoming aware of any unauthorized access or security breach. The Company shall not be liable for any loss or damage arising from your failure to safeguard your credentials.

2.3 Service Availability and Modifications

The Company uses commercially reasonable efforts to maintain the availability of the Service but does not guarantee uninterrupted, timely, secure, or error-free operation. The Service may be subject to scheduled maintenance, emergency repairs, or outages caused by factors beyond our control. We reserve the right to modify, suspend, discontinue, or restrict access to any portion of the Service at any time, with or without notice, and without liability to you or any third party.

2.4 Acceptable Use

You agree not to use the Service to:

  • violate any applicable federal, state, local, or international law, regulation, or ordinance;
  • infringe, misappropriate, or violate the intellectual property, privacy, or other rights of any third party;
  • transmit malware, viruses, worms, spyware, or any other harmful or disruptive code;
  • gain unauthorized access to the Service, other users' accounts, or any related systems or networks;
  • engage in automated data scraping, harvesting, or extraction not expressly authorized in writing by the Company;
  • use the Service to build a competing product or to benchmark the Service for publication without our prior written consent; or
  • interfere with or disrupt the integrity or performance of the Service or the data contained therein.

3. User Obligations

You agree to use the Service in strict compliance with these Terms and all applicable laws, including, without limitation, applicable United States federal law and the laws of the state in which you reside or conduct business. You are solely responsible for obtaining and maintaining all equipment, software, internet connectivity, and third-party services necessary to access the Service.

You are responsible for all content, data, text, files, images, or other materials that you upload, submit, post, or transmit through the Service ("User Content"). You represent and warrant that you own or have obtained all necessary rights, licenses, and consents to submit such User Content and that its submission and use by the Company as contemplated herein will not violate any third-party right or applicable law.

Where you process personal information of third parties through the Service, you represent and warrant that you have provided all required notices and obtained all required consents or authorizations under applicable law, including under the California Consumer Privacy Act, as amended by the California Privacy Rights Act ("CCPA/CPRA"), and other applicable state privacy laws. You further agree to comply with all consumer rights requests, including requests to know, delete, correct, or opt out of the sale or sharing of personal information, that relate to data you control through the Service.

You agree to promptly notify the Company of any actual or suspected violation of these Terms, any unauthorized use of your account, or any legal claim relating to the Service of which you become aware. You further agree to cooperate reasonably with the Company in investigating any suspected breach of security or misuse of the Service.

4. Intellectual Property Rights

The Service, including all software, source code, object code, architecture, user interfaces, designs, text, graphics, logos, trademarks, service marks, and the compilation and arrangement thereof, is and shall remain the exclusive property of Psilomelane and its licensors. The Service is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. No rights are granted to you other than the limited license expressly set forth in Section 2.

psilomelane.xyz, the psilomelane.xyz logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You may not use such marks without the prior written permission of the Company. All other trademarks, service marks, and trade names appearing on the Service are the property of their respective owners.

If you submit suggestions, ideas, enhancement requests, feedback, or recommendations regarding the Service ("Feedback"), you hereby assign to the Company all right, title, and interest in and to such Feedback and agree that the Company may use, disclose, reproduce, license, and exploit the Feedback without restriction, attribution, or compensation to you.

You retain all ownership rights in your User Content. By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to host, store, reproduce, modify, adapt, publish, and display such User Content solely as necessary to provide, maintain, and improve the Service and to comply with legal obligations. This license terminates when you delete your User Content or your account, except where retention is required by law or where content has been shared with third parties who have independently retained it.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Psilomelane, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).

The limitations and exclusions set forth in this Section apply regardless of whether the alleged liability arises from a breach of contract, breach of warranty, negligence, strict liability, or any other cause, and shall survive any termination or expiration of these Terms. The parties acknowledge that these limitations reflect a reasonable allocation of risk and form an essential basis of the bargain between the parties.

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 limitations above may not apply to you. In such jurisdictions, the Company's liability shall be limited to the fullest extent permitted by applicable law. Nothing in these Terms limits any liability that cannot be limited under applicable law.

6. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

The Company does not warrant that the Service will meet your requirements, operate without interruption or error, be free of viruses or other harmful components, or produce any particular result. You acknowledge that your use of the Service is at your sole risk and that you are solely responsible for any damage to your computer system, loss of data, or other harm resulting from your use of the Service.

The Service may contain links to third-party websites, resources, or integrations. Such links are provided for convenience only, and the Company does not endorse, control, or assume responsibility for the content, privacy practices, or accuracy of any third-party website or service. Your interactions with third parties are solely between you and such third parties.

The Service may include features designated as "beta," "preview," or "early access." Such features are provided for evaluation purposes only, may contain errors or defects, may be modified or discontinued at any time, and are excluded from any service-level commitments. The Company makes no representations regarding the reliability, availability, or performance of beta features.

7. Indemnification

You agree to defend, indemnify, and hold harmless Psilomelane and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any applicable law or regulation; (d) your User Content; or (e) your violation of any third-party right, including any intellectual property or privacy right.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate with the Company's defense of such claims. You shall not settle any such claim without the Company's prior written consent.

This indemnification obligation shall survive the termination or expiration of these Terms and your cessation of use of the Service.

8. Governing Law

These Terms and any dispute arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State in which Psilomelane maintains its principal place of business, without regard to its conflict of laws principles, and by applicable United States federal law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Subject to the arbitration provisions in Section 9, you and the Company agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the county and state of the Company's principal place of business for any action not subject to arbitration, and you waive any objection based on venue or forum non conveniens.

Nothing in this Section shall be construed to limit the Company's right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

9. Dispute Resolution

9.1 Informal Resolution

Before initiating any formal proceeding, you and the Company agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") informally. Either party may initiate this process by sending written notice to the other party describing the Dispute and the relief sought. If the Dispute is not resolved within thirty (30) days after receipt of such notice, either party may proceed to arbitration as set forth below.

9.2 Binding Arbitration

Any Dispute not resolved informally shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules. The arbitration shall be conducted in the county and state of the Company's principal place of business, or, at your election if you are a consumer, in the county where you reside. The arbitrator shall have the authority to award any relief available in a court of law, and judgment on the award may be entered in any court of competent jurisdiction.

9.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

9.4 Exceptions and Opt-Out

Notwithstanding the foregoing, either party may seek relief in a small claims court for disputes within that court's jurisdiction, and either party may seek injunctive relief in court to prevent the actual or threatened infringement of intellectual property rights. You may opt out of the arbitration and class action waiver provisions of this Section by sending written notice to [email protected] within thirty (30) days of first accepting these Terms, including your name, account information, and a clear statement that you wish to opt out. Opting out will not affect any other provision of these Terms.

10. Termination

These Terms remain in effect until terminated. The Company may suspend or terminate your access to the Service, in whole or in part, at any time, with or without cause and with or without notice, including if we reasonably believe you have violated these Terms or applicable law. You may terminate these Terms at any time by ceasing all use of the Service and, where applicable, closing your account.

Upon termination, your license to use the Service terminates immediately, and you must cease all use of the Service. The Company may, but is not obligated to, retain or delete your User Content in accordance with its Privacy Policy and applicable law. You are solely responsible for exporting any data you wish to retain prior to termination.

Any fees paid to the Company are non-refundable except as expressly provided in a separate written agreement or as required by applicable law. Sections concerning intellectual property, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and any other provisions that by their nature should survive termination shall so survive.

11. Changes to Terms

The Company reserves the right to modify, amend, or replace these Terms at any time in its sole discretion. We will update the "Last Updated" date at the top of this page upon making any changes and, where changes are material, we will provide additional notice by email, in-app notification, or other reasonable means.

Your continued use of the Service after any revised Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to any modification, you must stop using the Service before the effective date of the revised Terms.

We encourage you to review these Terms periodically to remain informed of the terms governing your use of the Service. The most current version will always be available at terms-and-conditions.php.

12. Contact Information

If you have any questions, concerns, or notices regarding these Terms or the Service, please contact us using the details below. Legal notices must be sent in writing to the address specified and shall be deemed given upon receipt.

  • Company: Psilomelane
  • Email: [email protected]
  • Phone: +13035550108
  • Address: 1800 Larimer Street, Suite 1650, Denver, CO 80202

By using psilomelane.xyz, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them.