Terms of Service
Last updated: September 10, 2026
These Terms of Service ("Terms") govern access to and use of the XSearch service ("Service") provided by Xumulus, Inc., a Nevada corporation ("Xumulus," "we," "us"). By installing the XSearch app on a BigCommerce store or otherwise using the Service, you ("Customer," "you") agree to these Terms. If you are accepting on behalf of a company, you represent that you have authority to bind that company.
1. The Service
XSearch provides hosted search, faceted browsing, and merchandising functionality for BigCommerce storefronts, including an administration interface, catalog indexing, and a storefront search API. The Service is provided on a software-as-a-service basis; nothing in these Terms transfers any software to you, and no separate software license is required.
2. Accounts and eligibility
You must operate a BigCommerce store and complete the app installation to use the Service. You are responsible for all activity occurring under your store's installation and for maintaining the security of your BigCommerce account credentials.
3. Subscriptions, fees, and billing
Free plans carry no fees. Paid plans, where offered, are billed on a subscription basis in advance. Unless otherwise stated at purchase: subscriptions renew automatically at the end of each billing period until cancelled; you may cancel at any time, effective at the end of the current billing period; fees are non-refundable except where required by law. We may change pricing with at least 30 days' notice, effective at your next renewal. Taxes are your responsibility unless we are required to collect them.
4. Right to use
Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable right to access and use the Service for your own store(s) during your subscription. You may not: resell or provide the Service to third parties as a service bureau; copy, modify, or create derivative works of the Service; reverse engineer the Service except as permitted by law; or use the Service to build a competing product.
5. Your data
You retain all rights to your catalog data and configuration ("Customer Data"). You grant us a license to host, process, and display Customer Data solely to provide and support the Service. We may use aggregated, de-identified usage data to operate and improve the Service. Our handling of data is described in the Privacy Policy.
6. Acceptable use
You agree not to: interfere with or disrupt the Service; attempt to access data of another customer; use the Service to store or serve unlawful content; probe or test the vulnerability of the Service without written permission; or impose unreasonable load outside normal product usage. We may suspend the Service for conduct that threatens the security, integrity, or availability of the Service for others, with notice where practicable.
7. Third-party platforms
The Service depends on BigCommerce and other third-party platforms we do not control. Your use of BigCommerce is governed by your agreement with BigCommerce. We are not responsible for third-party platforms, including changes to their APIs that affect the Service, though we will use reasonable efforts to adapt to such changes.
8. Intellectual property
We and our licensors own all right, title, and interest in the Service, including all software, designs, and trademarks. Feedback you provide may be used by us without restriction or obligation.
9. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. A SEPARATE WRITTEN SLA, WHERE PURCHASED (E.G., ENTERPRISE PLANS), STATES OUR SOLE OBLIGATIONS FOR AVAILABILITY.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA; AND (B) OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS OR EITHER PARTY'S LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
11. Indemnification
You will defend and indemnify us against third-party claims arising from Customer Data or your use of the Service in violation of these Terms or applicable law.
12. Term and termination
These Terms apply while you use the Service. You may terminate at any time by uninstalling the app and cancelling any subscription. We may terminate or suspend for material breach that remains uncured 15 days after notice, or immediately for conduct described in Section 6. Upon termination, your right to use the Service ends and we will delete or, for eligible plans, retain limited merchant-authored configuration as described in the Privacy Policy. Storefront delivery is disabled at uninstall and any retained configuration can be deleted on request. Sections 5 and 8–15 survive termination.
13. Changes to the Service or Terms
We may modify the Service, and may update these Terms with at least 15 days' notice for material changes (posted on this page and/or emailed). Continued use after the effective date constitutes acceptance.
14. Governing law and venue
These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws rules. The state and federal courts located in Clark County, Nevada have exclusive jurisdiction over any dispute arising from these Terms, and each party consents to personal jurisdiction there.
15. General
These Terms plus any ordering documents are the entire agreement regarding the Service and supersede prior agreements on that subject. If any provision is unenforceable, the remainder stays in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent, except to a successor in a merger or asset sale; we may assign to an affiliate or successor. Neither party is liable for delays caused by events beyond its reasonable control.
Contact
Xumulus, Inc. — support@xumulus.com