Terms of Service

Effective Date: September 21, 2026

These Terms of Service are the agreement between Quikcharge LLC ("QuikCharge," "we," "us," or "our") and the organization using XIBA ("Customer," "you," or "your").

1. This Agreement

These Terms are a contract between QuikCharge and the Customer using XIBA.

By creating an account, connecting an integration, subscribing to a paid plan, or otherwise using the service, you agree to these Terms.

If you accept these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization. If you do not have such authority, do not use the service on the organization's behalf.

Where a separately signed agreement between QuikCharge and the Customer covers the same subject matter, that agreement will control to the extent of any conflict with these Terms.

2. The Service

XIBA is a security assurance and monitoring platform that monitors infrastructure, domains, identity posture, and related security signals that you configure, raises incidents from them, and routes notifications to destinations you configure.

Features available to you depend on the plan associated with your account and any applicable limits published for that plan.

We may add, modify, suspend, or withdraw features from time to time. Where a change materially reduces the functionality of a paid plan, we will provide reasonable notice, and you may terminate the affected subscription if the change is unacceptable to you.

3. Accounts and Access

You are responsible for:

• The accounts you create and the information associated with them.
• Determining who is authorized to access your XIBA account.
• All activity conducted through accounts under your control.
• Maintaining the confidentiality and security of account credentials.
• Promptly notifying us at hello@xiba.ai if you believe an account or credential has been compromised.
• Removing access when an employee, contractor, or other authorized user should no longer have access.

XIBA provides administrative controls to manage access, but we cannot independently know when an individual should no longer have access to your organization.

You are responsible for maintaining accurate account and billing information.

4. Customer Data

As between QuikCharge and Customer, Customer owns the data Customer submits to XIBA and the data XIBA collects on Customer's behalf from systems Customer connects to XIBA ("Customer Data").

Customer grants QuikCharge a non-exclusive, worldwide, limited license to host, process, transmit, store, and otherwise use Customer Data solely as reasonably necessary to:

• Provide and support the service.
• Secure and protect the service.
• Detect and investigate security incidents and abuse.
• Maintain service reliability.
• Comply with applicable law.
• Perform other activities expressly permitted by these Terms.

We may generate aggregated and de-identified information about how the service is used and may use that information to operate, analyze, maintain, and improve XIBA and our services.

Such information will be designed so that it does not reasonably identify Customer, Customer's organization, or an individual, and will not be published in a form that reasonably identifies Customer, Customer's organization, or an individual.

Our handling of personal information is described in the XIBA Privacy Policy. Where we process personal information on behalf of Customer, we generally do so as Customer's processor, service provider, or similar role, subject to applicable law and the nature of the processing.

5. Your Responsibilities When Connecting Systems

XIBA works by connecting to systems that you already operate or are authorized to access.

You represent and warrant that:

• You own or are authorized to monitor every domain, address, endpoint, device, identity system, or other asset that you add to XIBA.
• Adding or monitoring those assets does not violate any agreement, law, regulation, or third-party right.
• You have the authority and any necessary legal basis to connect your identity provider and have QuikCharge process information relating to your personnel.
• You have provided individuals with any notices required by applicable law.
• The credentials, API keys, tokens, or other authentication mechanisms you provide were lawfully issued to you and may lawfully be used for the purposes for which you provide them.
• You will not use XIBA to monitor, probe, scan, test, or assess systems belonging to another person or organization without documented authorization.
• You will comply with all applicable laws and regulations in connection with your use of XIBA.

These representations are fundamental assumptions on which the service operates. QuikCharge is not responsible for determining whether Customer has the legal authority to monitor a particular system or individual.

6. Acceptable Use

You will not, and will not permit anyone acting on your behalf to:

• Use XIBA to attack, overload, disrupt, or gain unauthorized access to any system.
• Upload or transmit malware, malicious code, or unlawful material through XIBA.
• Use XIBA to store or distribute unlawful, fraudulent, defamatory, infringing, or otherwise prohibited material.
• Reverse engineer, decompile, disassemble, copy, modify, or create derivative works of XIBA except to the extent expressly permitted by applicable law.
• Resell, sublicense, lease, or commercially exploit XIBA except as expressly authorized by QuikCharge.
• Use XIBA to build or operate a competing product or service.
• Circumvent subscription limits, access controls, authentication mechanisms, or other technical restrictions.
• Share individual accounts in order to avoid applicable plan limits.
• Interfere with the operation, security, availability, or integrity of XIBA.
• Use XIBA in violation of applicable law, including applicable export-control and sanctions laws.
• Attempt to gain unauthorized access to another Customer's data or account.

We may suspend or restrict access without prior notice where we reasonably believe continued use presents a security risk, violates these Terms, violates applicable law, or exposes QuikCharge, XIBA, another customer, or another person to material risk or liability.

Where reasonably practicable, we will restore access once the underlying issue has been resolved.

7. Third-Party Services and Artificial Intelligence

XIBA may connect to systems and services operated by third parties, including identity providers, communication platforms, ticketing systems, cloud services, and artificial intelligence providers.

Those services are governed by the applicable agreements between Customer and the relevant third party. QuikCharge is not responsible for the availability, security, acts, omissions, pricing, policies, or interface changes of third-party services.

Where Customer enables AI-assisted functionality, information necessary to provide that functionality may be transmitted to the AI provider selected or configured by Customer.

Customer is responsible for determining whether sending such information to the selected AI provider is appropriate for Customer's legal, contractual, regulatory, confidentiality, and security obligations.

AI-generated output is an assistive suggestion and must be reviewed by a qualified person before being relied upon. AI output is not legal, compliance, security, financial, or professional advice and must not be used as the sole basis for a material security or business decision.

8. Fees and Payment

Paid plans are billed in advance on a monthly basis based on the monitored-user count or other billing metric applicable to Customer's plan.

Changing the monitored-user count or other applicable billing metric may change the amount payable. Any applicable proration will be calculated through the payment processor or billing system associated with the subscription.

Fees are exclusive of applicable taxes. Customer is responsible for taxes imposed on its purchase or use of XIBA, other than taxes based on QuikCharge's net income.

Payments are non-refundable except where required by applicable law or expressly stated in a written agreement.

Cancelling a subscription stops future charges but does not automatically result in a refund for the current billing period.

If a payment fails, we may suspend paid features after reasonable notice.

We may change prices upon at least 30 days' notice, with changes generally becoming effective at the next renewal period.

9. Term, Termination, and Monitoring After Cancellation

These Terms apply for as long as you use XIBA.

Customer may stop using the service at any time by cancelling its subscription and closing its account.

QuikCharge may terminate these Terms or suspend access for a material breach that remains uncured for 30 days after written notice, or immediately where required by law or where Customer's use presents an ongoing security, legal, or operational risk.

When a paid subscription ends, the account may revert to an applicable free plan if one is available for the Customer's account.

Assets already being monitored may continue to be monitored subject to the applicable plan and service configuration. Paid features will stop when the paid subscription ends.

QuikCharge will not intentionally continue security monitoring of Customer systems in a manner inconsistent with Customer's account status or cancellation request.

Within 30 days after termination, Customer may request an export of Customer Data maintained by XIBA in a reasonably available format.

After that period, QuikCharge may delete Customer Data in the ordinary course, subject to the retention provisions of the Privacy Policy and any applicable legal or contractual obligations.

10. What the Service Does Not Promise

XIBA is a monitoring, security-assurance, and alerting tool.

It reports on information it can observe through the integrations Customer connects and the checks Customer configures.

XIBA does not and cannot guarantee that it will detect every threat, misconfiguration, outage, impersonating domain, vulnerability, unauthorized activity, or compromise affecting Customer.

An absence of incidents, alerts, or findings in XIBA is not evidence that no security event, vulnerability, compromise, or other issue has occurred.

Detection and monitoring depend on factors outside our control, including:

• The permissions Customer grants.
• The accuracy and availability of third-party feeds and providers.
• The configuration supplied by Customer.
• Changes to third-party systems or interfaces.
• Network conditions.
• The availability and accuracy of monitored systems.
• The destinations Customer configures for alerts.

Alert delivery also depends on third-party destinations and communication platforms that may be outside QuikCharge's control.

XIBA is not a managed security service and is not continuously monitored by QuikCharge personnel on Customer's behalf.

XIBA is not a substitute for Customer's own security program, professional judgment, incident-response procedures, security personnel, legal advice, compliance program, or professional services.

Nothing produced by XIBA, including alerts, findings, severities, risk indicators, posture scores, recommendations, or AI-generated output, constitutes legal, regulatory, compliance, cybersecurity, or other professional advice or certification of any particular state of compliance.

Except as expressly stated in these Terms, XIBA is provided "as is" and "as available."

To the fullest extent permitted by law, QuikCharge disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that XIBA will be uninterrupted, secure, complete, accurate, or error-free.

QuikCharge does not commit to any specific uptime or service level unless expressly agreed in a separate written agreement signed by QuikCharge.

11. Limitation of Liability

To the fullest extent permitted by applicable law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business opportunities, goodwill, or lost or corrupted data, regardless of the cause of action or theory of liability and even if the party has been advised that such damages may occur.

To the fullest extent permitted by applicable law, QuikCharge's total aggregate liability arising out of or relating to these Terms or XIBA will not exceed the fees actually paid by Customer to QuikCharge for XIBA during the 12 months immediately preceding the event giving rise to the claim.

If Customer has paid no fees for XIBA, QuikCharge's aggregate liability will be limited to US $100.

These limitations do not apply to liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or other liability that applicable law expressly prohibits the parties from limiting.

Where applicable law does not permit a particular limitation, the limitation will apply to the maximum extent permitted by law.

The allocation of risk reflected in this section and Section 10 is a fundamental part of the agreement between QuikCharge and Customer and is reflected in the pricing of the service.

12. Indemnification

Customer will defend, indemnify, and hold harmless QuikCharge and its officers, directors, employees, and agents from third-party claims, damages, liabilities, judgments, settlements, and reasonable legal fees arising out of or relating to:

• Customer Data.
• Customer's use of XIBA in violation of these Terms.
• Customer's violation of applicable law.
• Customer's breach of the representations and warranties in Section 5.
• Claims that Customer monitored, scanned, tested, or accessed a system without appropriate authorization.
• Claims arising from Customer's failure to obtain an appropriate legal basis or required notice for processing personal information through XIBA.

QuikCharge will provide reasonably prompt notice of an indemnified claim, permit Customer to control the defense with counsel reasonably acceptable to QuikCharge, and provide reasonable cooperation at Customer's expense.

Customer may not settle an indemnified claim in a manner that admits liability by QuikCharge, imposes an obligation on QuikCharge, or restricts QuikCharge's rights without QuikCharge's prior written consent.

13. Confidentiality

Each party may receive information from the other that is confidential or proprietary.

Each party will protect the other party's confidential information using at least reasonable care and will use that information only as necessary to perform its obligations or exercise its rights under these Terms.

A party may disclose confidential information to its employees, contractors, professional advisers, and service providers who have a legitimate need to know and are subject to confidentiality obligations.

Confidentiality obligations do not apply to information that:

• Is publicly available through no fault of the receiving party.
• Was lawfully known to the receiving party before disclosure.
• Is independently developed without use of the disclosing party's confidential information.
• Is lawfully received from a third party without a confidentiality obligation.
• Must be disclosed by law, regulation, court order, or governmental authority.

Where legally permitted, a party required to disclose confidential information will provide reasonable notice to the other party.

14. Intellectual Property and Feedback

QuikCharge owns XIBA, including its software, technology, interfaces, documentation, designs, processes, improvements, and related intellectual property, except for Customer Data and third-party materials.

Nothing in these Terms transfers ownership of XIBA or QuikCharge intellectual property to Customer.

Subject to these Terms and payment of applicable fees, Customer receives a limited, non-exclusive, non-transferable, non-sublicensable right to access and use XIBA during the applicable subscription term.

If Customer provides feedback, suggestions, ideas, or recommendations concerning XIBA, QuikCharge may use that feedback without restriction or obligation, provided that doing so does not disclose Customer Data or Confidential Information.

Customer is not required to provide feedback.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles.

The parties agree that any dispute arising out of or relating to these Terms or XIBA will be brought exclusively in the state or federal courts located in Fulton County, Georgia, except that either party may seek temporary, preliminary, or permanent injunctive or equitable relief in any court of competent jurisdiction where necessary to protect intellectual property, confidential information, or other rights that may be irreparably harmed.

Before filing a lawsuit, the parties will attempt in good faith to resolve the dispute through direct negotiation for 30 days following written notice of the dispute.

Nothing in this section prevents either party from seeking emergency injunctive or equitable relief where necessary to prevent immediate and irreparable harm.

16. General

Changes

We may update these Terms from time to time.

Material changes will take effect 30 days after we post the updated Terms or provide notice to account holders, whichever is later.

If you do not agree to an updated version, you must stop using XIBA and cancel your account before the updated Terms become effective.

Assignment

Neither party may assign these Terms without the other party's prior written consent, except that QuikCharge may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, or sale of substantially all of its assets or business relating to XIBA.

Force Majeure

Neither party will be responsible for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, acts of government, war, terrorism, labor disputes, widespread internet or telecommunications failures, infrastructure failures, or failures of third-party service providers.

Severability and Waiver

If any provision of these Terms is determined to be unenforceable, the remaining provisions will remain in effect.

A party's failure to enforce a provision does not constitute a waiver of its right to enforce that provision later.

No Third-Party Beneficiaries

These Terms create rights and obligations only between QuikCharge and Customer and do not create rights for third-party beneficiaries except where expressly stated.

Entire Agreement

These Terms and the XIBA Privacy Policy constitute the entire agreement between QuikCharge and Customer concerning the subject matter covered by them and supersede prior discussions or understandings concerning that subject matter.

A separately signed agreement between QuikCharge and Customer may supplement or supersede these Terms as expressly provided in that agreement.

Notices

QuikCharge may provide notices relating to these Terms by email to account administrators, through the XIBA product, or by posting notices on the XIBA website.

Legal notices, security-related notices, and privacy-related requests to QuikCharge should be sent to:

Quikcharge LLC
hello@xiba.ai

17. Contact

Quikcharge LLC
Operator of XIBA
Website: https://xiba.ai

Contact: hello@xiba.ai