---
url: /terms.md
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# Terms and Conditions of XHR Software Inc

> This is a plain-language draft reflecting the move to an on-prem-only
> product. It has not been reviewed by counsel — treat it as a starting
> point until it has been, particularly before relying on it as a binding
> agreement with customers.

These Terms and Conditions ("Terms") govern your access to and use of XHR
Software Inc's licensed on-prem software (the "Software"). Please read these
Terms carefully. Where you have a separate licensing agreement with
XHR Software Inc (e.g. an order form and agreement signed via Common Paper),
that agreement controls to the extent it conflicts with
these Terms.

## 1. Acceptance of Terms

By downloading, deploying, or using the Software, you agree to be bound by
these Terms.

## 2. Description of the Software

XHR Software Inc licenses on-prem software that you deploy inside your own
infrastructure to detect and solve anti-bot challenges (including Akamai Bot
Manager, DataDome and F5 Shape challenges) encountered by your own applications. The
Software is not a hosted or cloud service — it runs entirely on
infrastructure you control. XHR Software Inc is not affiliated with, or
endorsed by, Akamai, DataDome, F5, or any other anti-bot vendor; those names
are used only to describe what the Software interoperates with.

Separately, we may lend prospects temporary access to a hosted trial solver
and a hosted MCP server for evaluation (see Section 6). The browser
extension is a separate product with its own
[privacy policy](/extension-privacy).

## 3. Licence

Use of the Software requires a valid, current licence issued by XHR
Software Inc (`licence.json` + `licence.sig`). The Software verifies this
licence locally at startup and will not run without one. Licences are
issued for a defined validity window and customer scope as agreed between
you and XHR Software Inc; using the Software outside that scope, or
attempting to bypass, tamper with, or circumvent licence verification, is a
breach of these Terms.

## 4. Use of the Software

You agree to use the Software only for lawful purposes and not to:

* Use it in a way that violates applicable law or regulation
* Use it to access websites or data you do not have the right to access
* Reverse-engineer, decompile, or attempt to extract the Software's
  protected/encrypted components beyond what a valid licence unlocks at
  runtime
* Redistribute, sublicense, or resell the Software or your licence without
  XHR Software Inc's written consent

## 5. Intellectual Property

The Software and all associated content — code, documentation, logos —
remain the property of XHR Software Inc or its licensors. A licence grants
you the right to run the Software under these Terms; it does not transfer
ownership.

## 6. Data Privacy and Evaluation Services

The Software runs on your infrastructure and processes your traffic there —
XHR Software Inc has no access to it. Our [Privacy Policy](/privacy)
explains the limited business/billing data we collect to administer your
licence.

The hosted trial solver and hosted MCP server are different: requests you
send to them do reach systems we operate. They are provided for evaluation
only, "as is", with no uptime or support commitment, may be rate limited or
revoked at any time, and are not for production use or for personal data of
your end users. Evaluation access ends when your trial ends or converts to a
licence, whichever is first. The Privacy Policy and
[DPA](/dpa) explain how we handle what you send.

## 7. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. XHR Software Inc does not warrant that the Software will
be uninterrupted, error-free, or effective against every anti-bot
countermeasure, which may change without notice.

## 8. Limitation of Liability

IN NO EVENT SHALL XHR SOFTWARE INC BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO
YOUR USE OF THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, EVEN IF XHR SOFTWARE INC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. XHR SOFTWARE INC'S TOTAL LIABILITY ARISING OUT
OF OR RELATING TO THE SOFTWARE WILL NOT EXCEED THE FEES YOU HAVE PAID TO XHR
SOFTWARE INC FOR IT.

## 9. Indemnification

You agree to indemnify and hold XHR Software Inc harmless from claims,
damages, liabilities, costs, and expenses (including attorneys' fees)
arising from your use of the Software or your violation of these Terms —
including from how you use the Software against third-party websites.

## 10. Termination

XHR Software Inc may revoke or decline to renew your licence at any time in
accordance with your licensing agreement. You may stop using the Software at
any time by contacting <support@xhr.dev>. On
termination or expiry you must stop running the Software and delete the
images and licence files, and sections that by their nature should survive
(intellectual property, disclaimers, liability, indemnification, governing
law) do.

## 11. Governing Law

These Terms are governed by the laws of Delaware, United States, without
regard to conflict-of-laws principles.

## 12. Changes to Terms

XHR Software Inc may modify these Terms by posting revised Terms on this
site. Continued use of the Software after a revision constitutes acceptance
of it.

## 13. Deployment, Pricing & Payment

The Software is licensed for on-prem, self-hosted Docker deployment. For
pricing, [contact us](mailto:info@xhr.dev). Fees, payment method (Common
Paper billing or invoice paid by bank transfer), and payment terms are set
out in your order form, as are other commercial terms such as support
and service levels, confidentiality, and any export or compliance terms.

## 14. Contact

<support@xhr.dev> — or
[book a call](https://calendar.google.com/calendar/u/0/appointments/schedules/AcZssZ2uDlsqLG_VZLl3s3ri_-YIXD3xXi5WzY21o0dFuk6Gq4HhcXwJBxUz-1K6kMGxTEf4oIPny-nV).
