Terms of Service

These terms form a binding agreement between you (“you”, “Customer”) and MOMENTUM TECHNOLOGY ARENA SRL, a company registered in Romania at Strada Caius Marcius Coriolan 29, București, Romania, Trade Register no. ROONRC.J2022011320401, VAT/CUI 46304415 (“Xygnius”, “we”, “us”).

By creating an account, accessing, or using the Xygnius platform at xygnius.com and its subdomains (the “Service”), you accept these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree, do not use the Service.

Xygnius is a software-as-a-service platform that helps businesses analyse and improve their visibility across traditional search engines and AI-powered answer systems. Capabilities include site auditing, keyword research, rank tracking, content generation, AI-visibility tracking, schema generation, ad-creative generation, and related tools described on the platform.

We may add, modify, or retire features. Material reductions to features included in a paid plan will be notified at least 30 days in advance with an option to cancel and obtain a pro-rata refund of any prepaid amount for the remaining unused term.

• You must be at least 16 years old (or the age of digital consent in your jurisdiction, whichever is higher) and acting in the course of a trade, business, craft, or profession.
• Account information must be accurate and kept up to date.
• You are responsible for all activity under your account and for keeping credentials confidential. Notify us promptly at [email protected] if you suspect unauthorised access.
• One person, one account. Sharing a single account across multiple people is not permitted; team plans are available for shared use.
• We may refuse, suspend, or terminate registrations that violate these Terms or applicable law.

You agree not to, and not to permit any third party to:

• Use the Service to generate, distribute, or assist in unlawful, defamatory, fraudulent, harassing, or infringing content;
• Use the Service to send spam, run unsolicited bulk outreach, or violate the CAN-SPAM Act, GDPR Art. 21, or equivalent laws;
• Submit content that contains malware, links to phishing sites, or other harmful payloads;
• Reverse-engineer, decompile, scrape, or otherwise attempt to extract source code or model weights from the Service;
• Bypass rate limits, quotas, billing, or authentication controls;
• Use the Service to compete with us by building a substantially similar offering, train a competing AI model on our outputs, or scrape our outputs in bulk;
• Submit personal data of third parties through AI features without an appropriate lawful basis under data-protection law;
• Submit special categories of personal data (Art. 9 GDPR) such as health, biometric, or political-opinion data;
• Attempt to influence or jailbreak the underlying AI models in ways designed to produce unlawful or harmful output;
• Resell, sublicense, or white-label the Service except via the Agency tier and subject to its specific terms.

We may suspend or terminate access for violations and report unlawful activity to the competent authorities.

• Plans. The Service is offered on tiered subscription plans (Starter, Pro, Agency, plus a 14-day trial with no credit card). Current pricing, included quotas, and feature gates are shown on the pricing page and apply at the time of purchase.
• Trial. The 14-day trial begins on signup. If you do not subscribe within 14 days, your account is automatically downgraded to a limited-access state. We do not charge a card during the trial because we do not collect one.
• Auto-renewal. Paid subscriptions auto-renew at the end of each billing cycle (monthly or annually) at the then-current price for your plan, unless cancelled before the renewal date.
• Taxes. Prices exclude VAT and other applicable taxes unless explicitly stated. EU B2B customers may supply a valid VAT ID for reverse-charge treatment.
• Payment processing. Payments are processed by Stripe. We do not receive or store full card numbers. Failed payments may result in retry attempts and, after a reasonable grace period, suspension or downgrade to a limited-access state.
• Price changes. We may change pricing for future renewal periods with at least 30 days’ advance notice by email. You may cancel before the next renewal to avoid the new price.

You may cancel your subscription at any time from the billing page or the customer portal. Cancellation stops auto-renewal at the end of the current billing cycle; the Service remains available until that date.

EU consumer right of withdrawal.Consumers in the EU benefit from a statutory 14-day withdrawal right under Directive 2011/83/EU. Because the Service is digital content delivered immediately upon subscription, by clicking “Subscribe” you expressly request immediate performance and acknowledge that you waive your withdrawal right once the Service has been fully supplied.

Goodwill refund window. Notwithstanding the waiver above, we offer a 14-day goodwill refund on first-time subscriptions if you have not used the Service materially during that period. Subsequent renewals are non-refundable except where required by mandatory consumer-protection law.

Account deletion. Deleting your account from Settings removes your data subject to the retention obligations described in §7 of the Privacy Policy (notably the 10-year retention of billing records under Romanian Accounting Law no. 82/1991).

You retain all ownership rights in the inputs you submit and the outputs generated for you (collectively, “Customer Content”), to the extent rights subsist under applicable copyright law.

You grant us a worldwide, non-exclusive, royalty-free licence to host, process, transmit, display, and modify Customer Content solely as necessary to provide, maintain, and improve the Service for you. The licence terminates when you delete the content or close your account, except for backups retained for the periods described in our Privacy Policy.

We do not use your Customer Content to train our or any third party’s general-purpose AI models. AI providers we route through (see Privacy Policy §4) operate under zero-retention API agreements where available.

You represent that you have the rights, consents, and lawful bases necessary to submit Customer Content and to allow us to process it as described in these Terms.

The Service uses large language models and other AI systems to generate text, recommendations, scores, and creative assets. AI outputs:

• May be inaccurate, outdated, or fabricated (“hallucinated”);
• May reflect biases present in training data;
• Are not professional advice (legal, medical, financial, or otherwise);
• Should be reviewed by you before publication or commercial use;
• May reproduce text or imagery similar to training material — verify originality and applicable rights before use.

You are solely responsible for the use, distribution, and consequences of any output you choose to publish. We disclaim liability for damages arising from reliance on AI outputs to the maximum extent permitted by law (see §11).

The Service, including its software, design, brand assets, documentation, and any improvements, is and remains our exclusive property (or that of our licensors). We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during your active subscription, subject to these Terms. No other rights are granted.

We aim for high availability but do not guarantee uninterrupted or error-free operation. Planned maintenance is announced in advance where practical. We may modify, suspend, or discontinue parts of the Service for security, legal, or operational reasons.

Third-party-provider outages (e.g. AI providers, Stripe, hosting) may temporarily degrade specific features. We make commercially reasonable efforts to mitigate the impact and will not be liable for resulting downtime.

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, or availability.

Our aggregate liability arising out of or relating to the Service or these Terms, whether in contract, tort (including negligence), or otherwise, will not exceed the greater of (a) the amounts you paid to us under the affected subscription in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred euro (€100).

We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, data, goodwill, or business opportunities, even if advised of their possibility.

Nothing in these Terms limits liability for (i) gross negligence or wilful misconduct, (ii) death or personal injury caused by our negligence, (iii) fraud, or (iv) any other liability that cannot be limited or excluded under applicable law.

You will defend, indemnify, and hold us harmless against third-party claims arising from (a) your Customer Content, (b) your use of the Service in breach of these Terms or applicable law, or (c) your infringement of any third-party right. We will notify you of the claim, give you reasonable control of the defence, and cooperate at your cost.

We may suspend or terminate your access immediately and without refund if you (a) materially breach these Terms, (b) use the Service unlawfully, (c) fail to pay fees after a reasonable grace period, or (d) put the security or stability of the Service at risk.

You may close your account at any time from Settings or by emailing the support address. On termination, sections that by their nature should survive — including §7 (your content licence), §8 (AI disclaimer), §9 (IP), §11 (liability), §12 (indemnity), §15 (governing law), and §16 (general) — survive.

We may update these Terms when our offering, the law, or operational realities change. We will notify you of material changes by email or in-app notice at least 14 days before they take effect, except for changes required to comply with law or address security risks, which may take effect immediately. Continued use after the effective date constitutes acceptance.

These Terms are governed by the laws of Romania, without regard to its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

Subject to mandatory consumer-protection law that grants consumers the right to sue in their country of habitual residence, the courts of Bucharest, Romania have exclusive jurisdiction over any dispute arising from these Terms or the Service.

EU consumers may also use the European Commission’s online dispute-resolution platform at ec.europa.eu/consumers/odr.

• Entire agreement. These Terms, the Privacy Policy, the Cookie Policy, and any plan-specific addenda referenced in the Service constitute the entire agreement between you and us regarding the Service.
• Severability. If any provision is held invalid or unenforceable, the remainder will continue in effect.
• No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign your rights without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for failures caused by events beyond reasonable control (natural disasters, war, civil unrest, network outages outside our control, etc.).
• Notices. We send notices to the email address on your account; you send notices to the support address below.

Questions about these Terms: [email protected]. Postal correspondence: MOMENTUM TECHNOLOGY ARENA SRL, Strada Caius Marcius Coriolan 29, București, Romania.