Terms of Service

Last Updated: September 2026

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you (whether an individual or the entity you represent, "you," "your," or "Customer") and Psilomelane ("Company," "we," "us," or "our") governing your access to and use of the psilomelane.xyz software-as-a-service platform, including all associated applications, application programming interfaces, features, content, and documentation (collectively, the "Service"). By accessing, registering for, downloading, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately discontinue use of the Service.

Your use of the Service is also governed by our Privacy Policy and Cookie Policy, each of which is incorporated herein by reference. In the event of a conflict between these Terms and any other agreement you have executed with Psilomelane, the executed agreement shall control solely with respect to the conflicting provision.

1. Service Description

Psilomelane provides psilomelane.xyz as a cloud-based software service delivered on a subscription or usage basis. The Service may include hosted software functionality, data processing and storage, integrations with third-party applications, technical support, and related professional services as described in the applicable order form, statement of work, or plan description presented at the time of purchase. The specific features, usage limits, service tiers, and support levels available to you depend on the plan you select.

The Service is provided on a hosted, remote-access basis. We do not sell, license, or transfer any copy of the underlying software to you, and you acquire no ownership interest in the Service, its source code, or its infrastructure. Your rights are limited to a non-exclusive, non-transferable, revocable right to access and use the Service during your subscription term strictly in accordance with these Terms.

We may engage third-party subcontractors, hosting providers, and infrastructure partners to deliver the Service. While we remain responsible for the Service as described herein, certain features may depend on third-party services that are outside our control and that may be subject to separate terms. We make no guarantee that any third-party integration will remain available, compatible, or uninterrupted.

The Service is intended for business and professional use. You are solely responsible for determining whether the Service meets your regulatory, industry-specific, and operational requirements, and for obtaining any consents or authorizations necessary for your use of the Service.

2. User Accounts

2.1 Eligibility and Registration

To access most features of the Service, you must register for an account. By registering, you represent and warrant that you are at least eighteen (18) years of age, have the legal capacity to enter into this Agreement, and, if registering on behalf of an organization, are duly authorized to bind that organization. You agree to provide accurate, current, and complete information during registration and to promptly update such information to keep it accurate and complete.

2.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorized by you. You agree to use reasonable security precautions, including strong passwords and, where available, multi-factor authentication. You must notify Psilomelane immediately at [email protected] upon becoming aware of any unauthorized access, suspected breach, or compromise of your credentials.

2.3 Administrative Control

If you create an account on behalf of an organization, that organization's designated administrator may control access to and manage your account, including the ability to modify permissions, access data, and terminate your access. You acknowledge that Psilomelane is not responsible for the acts or omissions of any organization administrator or end user.

2.4 Account Responsibility

You are responsible for all fees, content, and activities associated with your account and for ensuring that all authorized users comply with these Terms. We reserve the right to refuse registration, suspend an account, or reclaim a username that we determine, in our sole discretion, violates these Terms or applicable law.

3. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms, all applicable federal, state, and local laws, and any documentation or usage guidelines we provide. Without limiting the foregoing, you agree that you will not use the Service in any manner that infringes the rights of any third party, violates any contractual obligation, or breaches any applicable data protection or privacy law.

You are responsible for configuring the Service appropriately for your use case, including settings relating to data retention, access permissions, and user roles. You must not attempt to circumvent, disable, or interfere with security-related features, access controls, rate limits, or usage caps established by Psilomelane.

You agree to comply with all applicable United States export control and sanctions laws and regulations, and you represent that you are not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive U.S. trade sanctions, and that you are not identified on any U.S. government restricted party list.

You further agree to maintain appropriate internal policies and consents necessary for any personal information you process through the Service, and to refrain from using the Service to process categories of data we expressly exclude (including, absent a separate written agreement, protected health information subject to HIPAA, payment card data beyond what our processors support, and sensitive government data).

4. Prohibited Activities

You shall not, and shall not permit any authorized user or third party to:

  • Reverse engineer, decompile, disassemble, or attempt to derive the source code, structure, or underlying algorithms of the Service, except to the extent such restriction is prohibited by applicable law;
  • Copy, modify, translate, adapt, or create derivative works based on the Service or any portion thereof;
  • Rent, lease, sublease, sublicense, sell, resell, distribute, or otherwise commercially exploit the Service or provide it as a service bureau to third parties without our prior written consent;
  • Use automated scripts, bots, scrapers, spiders, or other means to access, harvest, or extract data from the Service beyond documented API limits;
  • Upload, transmit, or store any malware, ransomware, viruses, worms, time bombs, or other harmful code, or engage in any denial-of-service or other attack;
  • Attempt to gain unauthorized access to the Service, other customers' accounts or data, or any related systems, networks, or servers;
  • Interfere with or disrupt the integrity or performance of the Service, or place an unreasonable load on its infrastructure;
  • Use the Service to send unsolicited bulk communications, phishing messages, or deceptive advertising;
  • Use the Service to harass, defame, threaten, or discriminate against any individual or group, or to promote violence or illegal activity;
  • Use the Service to infringe or misappropriate any intellectual property, privacy, publicity, or other right of any third party;
  • Use the Service to develop or train a competing product or service, or to benchmark the Service for publication without our prior written consent;
  • Remove, obscure, or alter any proprietary notices, trademarks, or attribution contained in or displayed by the Service; or
  • Assist, encourage, or permit any third party to do any of the foregoing.

We reserve the right to investigate suspected violations and to take any action we deem appropriate, including removing content, suspending or terminating accounts, and reporting activity to law enforcement authorities. Such action is in addition to, and not in lieu of, any other remedy available to us.

5. Content Ownership

The Service, including all software, source code, object code, interfaces, designs, text, graphics, logos, trademarks, documentation, and the compilation thereof, is and shall remain the exclusive property of Psilomelane and its licensors, and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. All rights not expressly granted to you under these Terms are reserved.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during the applicable subscription term. This license terminates automatically upon expiration or termination of your subscription or these Terms.

You retain all right, title, and interest in and to the data, documents, files, and other materials you submit to or generate through the Service ("Customer Data"). We claim no ownership rights in your Customer Data. You grant Psilomelane a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, display, and create derivative works of Customer Data solely as necessary to provide, secure, maintain, and improve the Service, and to comply with applicable law.

If you provide suggestions, feedback, or ideas regarding the Service, you grant Psilomelane a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use and commercialize such feedback without restriction, attribution, or compensation. The psilomelane.xyz name, logo, and all related marks are trademarks of Psilomelane, and no license to use them is granted except as expressly stated herein.

6. User-Generated Content

The Service may allow you and other users to upload, post, publish, share, or transmit content, including text, images, files, comments, configurations, and other materials ("User Content"). You are solely responsible for all User Content you submit and for the consequences of submitting it, including any claims arising from third-party rights or applicable law.

By submitting User Content, you represent and warrant that: (i) you own or have all necessary rights, licenses, consents, and permissions to submit such content; (ii) the content does not infringe, misappropriate, or violate any intellectual property, privacy, publicity, or other right of any third party; (iii) the content complies with all applicable laws; and (iv) the content is not defamatory, obscene, harassing, or otherwise unlawful.

You grant Psilomelane a non-exclusive, worldwide, royalty-free license to reproduce, distribute, display, and perform your publicly shared User Content in connection with operating and promoting the Service. This license ends when you delete the content or your account, except where content has been shared with others who have not deleted it, or where retention is required by law or for legitimate business records.

We do not pre-screen User Content and do not undertake to monitor it. However, we reserve the right (but not the obligation) to review, refuse, remove, or disable access to any User Content at any time, in our sole discretion, without notice and without liability. If you believe your copyrighted work has been used on the Service in a manner constituting infringement, please send a notice compliant with the Digital Millennium Copyright Act to [email protected], including identification of the work, the allegedly infringing material, your contact information, a good-faith statement, and a statement under penalty of perjury that the information is accurate and you are authorized to act.

7. Payment Terms

Certain features of the Service are provided for a fee. All fees, billing frequency, and payment terms are set forth in the applicable order form, checkout page, or plan description. By selecting a paid plan, you agree to pay all applicable fees in U.S. dollars, in advance, on the schedule specified. Fees are non-refundable except as expressly stated in these Terms or as required by applicable law.

Unless otherwise indicated, subscriptions renew automatically for successive terms of the same duration at the then-current rate, and your payment method will be charged at the beginning of each renewal period. You may cancel your subscription at any time through your account settings or by contacting us at [email protected]; cancellation takes effect at the end of the then-current billing period, and you will retain access through that period. You are responsible for all charges incurred prior to the effective date of cancellation.

You authorize Psilomelane and its payment processors to charge your designated payment method for all amounts due, including applicable taxes. You are responsible for all sales, use, value-added, and similar taxes, excluding taxes based on our net income. If your payment method fails or your account becomes past due, we may suspend or terminate access to the Service, and you may be charged interest on overdue amounts at the rate disclosed in your order form or, if none, the lesser of 1.5% per month or the maximum rate permitted by applicable law.

Payments made through the Service are generally final. If you believe you have been charged in error, you must notify us within thirty (30) days of the charge. Initiating a chargeback or payment dispute without first contacting us may result in suspension of your account. We reserve the right to change our fees upon reasonable advance notice, and continued use of the Service after a fee change constitutes acceptance of the new fees.

8. Service Modifications

We continually evolve psilomelane.xyz to improve functionality, security, and performance. Accordingly, we reserve the right to modify, update, enhance, deprecate, or discontinue any feature, component, or aspect of the Service at any time, in our sole discretion, with or without notice. We will use commercially reasonable efforts to provide advance notice of material changes that adversely affect core functionality of a paid plan.

We may perform scheduled maintenance, emergency maintenance, and infrastructure updates that temporarily interrupt or degrade the Service. We are not liable for any unavailability, delay, or loss resulting from such maintenance or from causes beyond our reasonable control, including acts of God, network failures, third-party service outages, cyberattacks, or governmental action.

We may offer beta, preview, early-access, or trial features from time to time. Such features are provided "as is," may contain defects, may be modified or withdrawn at any time, and are excluded from any service level commitments, warranties, or indemnities unless expressly stated otherwise in writing.

If we discontinue the Service in its entirety, we will use reasonable efforts to provide at least thirty (30) days' notice and to make your Customer Data available for export, subject to any outstanding fees and applicable law.

9. Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Psilomelane EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECT WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

9.2 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, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Aggregate Cap

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO Psilomelane FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THIS CAP IS A SINGLE, CUMULATIVE CAP APPLICABLE TO ALL CLAIMS AND SHALL NOT BE INCREASED BY THE NUMBER OF CLAIMS OR PARTIES.

9.4 Exclusions

Nothing in this Section limits liability that cannot be limited under applicable law. The limitations set forth above apply to the fullest extent permitted by law and shall survive termination of these Terms. You acknowledge that the fees reflect the allocation of risk between the parties and that, absent these limitations, the fees would be substantially higher.

10. Termination

These Terms remain in effect until terminated. You may terminate by cancelling your account or subscription as described in Section 7. We may suspend, restrict, or terminate your access to the Service, in whole or in part, immediately and without notice, if we reasonably determine that you have breached these Terms, violated applicable law, created risk or legal exposure for Psilomelane or any third party, or failed to pay applicable fees.

We may also terminate these Terms for convenience upon thirty (30) days' written notice to the email address associated with your account. Upon termination: (i) all licenses granted to you immediately cease; (ii) you must immediately stop using the Service; and (iii) you will remain liable for all fees accrued through the effective date of termination.

We will make Customer Data available for export for a period of thirty (30) days following termination, after which we may delete or anonymize it in accordance with our Privacy Policy and applicable law. You are solely responsible for exporting any data you wish to retain prior to termination.

Sections concerning content ownership, payment obligations, limitation of liability, indemnification, governing law, dispute resolution, and any other provisions that by their nature should survive, shall survive termination of these Terms.

11. Contact Information

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

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

You consent to receive communications from us electronically, including notices regarding these Terms, your account, and the Service. Electronic communications satisfy any legal requirement that such communications be in writing.

12. Indemnification

You agree to indemnify, defend, and hold harmless Psilomelane and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, actions, liabilities, losses, damages, judgments, settlements, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your use of the Service; (ii) your Customer Data or User Content; (iii) your breach of these Terms or any representation or warranty herein; (iv) your violation of applicable law; or (v) your infringement or misappropriation of any third-party right.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense. You may not settle any such claim in a manner that imposes any obligation or liability on Psilomelane without our prior written consent.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Psilomelane is organized, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Except for claims for injunctive or equitable relief, or claims relating to intellectual property or unauthorized access, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered in accordance with the rules of a recognized U.S. arbitration body, with the arbitration conducted in the state in which Psilomelane is organized. Judgment on the award may be entered in any court of competent jurisdiction.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND Psilomelane EACH WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY. You may opt out of this arbitration provision by sending written notice to [email protected] within thirty (30) days of first accepting these Terms.

14. Changes to These Terms

We may revise these Terms from time to time. When we make material changes, we will update the "Last Updated" date above and, where required by law or where changes are material, provide notice by email or through the Service. Your continued use of the Service after the effective date of any revision constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

15. Miscellaneous

These Terms, together with the Privacy Policy, the Cookie Policy, and any applicable order form, constitute the entire agreement between you and Psilomelane regarding the Service and supersede all prior agreements and understandings. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

Our failure to enforce any right or provision shall not constitute a waiver of that right or provision. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent; we may assign these Terms freely. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

Where required by applicable state privacy laws, including the California Consumer Privacy Act as amended by the California Privacy Rights Act ("CCPA/CPRA"), and other applicable U.S. state privacy statutes, you may exercise the rights described in our Privacy Policy, and you may opt out of the sale or sharing of personal information as described in our Cookie Policy. Nothing in these Terms limits any non-waivable rights you may have under applicable law.

16. Contact

Questions regarding these Terms may be directed to Psilomelane at [email protected], +13035550108, or 1800 Larimer Street, Suite 1650, Denver, CO 80202.