Terms of Service

Last updated: February 1, 2025.

Welcome to Xonox! By using any Xonox service, tool, or platform, you agree to comply with the following terms and conditions (Terms of Service). The most up-to-date version of the Terms of Service is always available at https://xonox.io/legal/terms.

In this document, the terms “we," “our," and “us" refer to Xonox as the contracting party. The terms “you" and “your" refer to the User as the contracting party, which may be an individual or a company.

Xonox provides the User with an Online Store management system (the "Platform"). In addition to supporting e-commerce functionality, the Platform includes a range of additional tools, such as inventory management, layout and design customization, category structure management, marketing and analytics, and customer management. These tools, both in their current form and as they evolve in the future, are governed by these Terms of Service.

The User independently uploads various Materials to the Online Store. "Materials" in this context include, but are not limited to, photographs, texts, images, videos, audio files, links, pricing information, code, and trademarks.

To use any Xonox services, tools, or features, you must read and agree to all provisions of this document, as well as any other documents referenced herein. Please review these materials carefully to ensure you fully understand all applicable legal requirements. We encourage you to periodically revisit them to stay informed about any updates. Lack of awareness of these Terms of Service does not exempt you from the obligation to comply with them.

1. Account Usage Terms

1.1. Your relationship with Xonox begins when you create an Online Store. You are provided with a 30-day trial period to decide whether you wish to continue using Xonox’s services. During these 30 days, no payment is required. After the trial period, you have two options: discontinue using Xonox’s services or continue on a paid basis. If you choose to discontinue, your Online Store will be suspended and permanently deleted within 10 days. If you choose to continue, you must configure at least one payment method. On the first day of the following month, the first payment will be processed using the selected payment method.
1.2. To use Xonox’s services, you must either be at least 18 years old or have reached the age of majority in your jurisdiction of residence. When making a payment, we may request additional information, including your company name, mailing address, phone number, email address, and any other relevant details at our discretion.
1.3. You confirm that you are using Xonox’s services for business purposes and not for personal, family, or household use.
1.4. The primary means of communication between you and Xonox is email. Therefore, the email address you provide must be active, valid, and regularly monitored. You can be properly identified only if you communicate with us from this registered email address.
1.5. You are solely responsible for maintaining the security of your login credentials, including your email and password. Xonox is not liable for any damages or losses resulting from mishandling or unauthorized access to your account credentials.
1.6. You agree not to bypass or circumvent any technical restrictions of our service. You must not take any intentional actions aimed at disrupting or limiting the functionality of our services.
1.7. You agree not to use any automated tools (such as bots, scripts, or third-party services) to monitor or manage content on our Platform.
1.8. You acknowledge and accept that the Materials you upload may be transmitted unencrypted across various networks. Any Materials you or your affiliated entities upload or make available are accessible to Xonox and its affiliated entities.
1.9. We reserve the right to deny registration, suspend, or delete an Online Store at our sole discretion, at any time, and without providing an explanation.

2. Online Store Owner

2.1. Each Online Store on our Platform can have only one Owner.
2.2. The individual who creates the Online Store and subsequently sets up the first account within it is designated as the Store Owner. This individual will act as the contracting party. The Store Owner is directly responsible for clearly and explicitly displaying their name and, if applicable, the company name on the relevant page(s) of the Online Store.
2.3. If you are creating an Online Store on behalf of your employer, your employer will be considered the Store Owner. You must confirm and warrant that you have the authority to take such actions and that you have the authority to bind your employer to comply with the Terms of Service. You must use an email address issued by your employer.
2.4. The Store Owner may grant other users access to the Online Store’s management panel and assign permissions to manage various aspects of the store. In such cases, full responsibility for compliance with the Terms of Service remains with the Store Owner. The Store Owner must ensure strict adherence to the Terms of Service by employees, agents, and subcontractors. Additionally, you accept full responsibility for fulfilling all obligations, regardless of whether you sublicense or subcontract any of these obligations to third parties, including affiliated entities or subsidiaries.

3. Xonox’s Rights

3.1. The Xonox Platform for creating Online Stores consists of various sections, services, and features. Please note that we do not guarantee access to the full set of these sections, services, and features. The availability of specific features may vary depending on your jurisdiction. We also reserve the right to modify or limit access to any section, service, or feature, in whole or in part, at any time and for any reason, without prior notice.
3.2. Xonox does not conduct pre-screening of materials uploaded by Online Store Owners. As part of our post-moderation process, we reserve the right to suspend or remove any materials at our discretion, with or without providing a reason.
3.3. We reserve the right to offer our services to your competitors, and we do not guarantee exclusivity. You also acknowledge that Xonox employees may operate their own Online Stores on our Platform and may compete with you. However, they are prohibited from using any confidential information regarding other store owners or businesses.
3.4. In the event of a dispute regarding the ownership of an Online Store Owner’s account, we may request additional documentation to verify ownership. This documentation may include a scanned copy of your business license, a government-issued photo ID, or the last four digits of the credit card used for payments.
3.5. Xonox reserves the right to determine account ownership at its sole discretion and transfer control of the account to the rightful Online Store Owner. If, despite reasonable efforts, we are unable to verify the rightful owner, Xonox may, without prejudice to its other rights and remedies, temporarily disable or suspend the account and Online Store operation until the disputing parties reach an agreement.
3.6. Any verbal or written abuse (including threats) directed at any Xonox employee, member, or officer will result in the immediate termination of your account.

4. Your Responsibilities

4.1. You acknowledge that the Xonox Platform is not a marketplace and that all sales agreements between you and your customers are solely between you and your customers. You are the official seller of all goods and services offered through your Online Store. You are responsible for: managing and operating your Online Store on the Xonox Platform; the content of your Materials and the products and services you sell; and all aspects of transactions between you and your customers. Transactions include, but are not limited to, charging customers for purchases, issuing refunds, processing returns, and handling fraudulent transactions. You are required to comply with all applicable laws and regulations, including consumer protection laws in any jurisdiction where you offer products or services for sale. You represent and warrant that your Online Store, your Materials, and the products and services you sell through our Platform are complete, accurate, and lawful and do not violate any applicable laws, regulations, or third-party rights. For clarity, Xonox is not a seller, merchant, or party to any sales transactions and assumes no responsibility for your Online Store or the goods and services sold to customers through your store on our Platform. You bear sole responsibility for all aspects of the goods and services you sell, including descriptions, pricing, fees, taxes, delivery and return policies, product defects, required legal disclosures, regulatory compliance, marketing and advertising content, and adherence to any applicable laws and regulations.
4.2. You may not use the Xonox Platform for any unlawful or unauthorized purpose, nor may you violate any laws in your jurisdiction (including copyright laws), your customers' jurisdiction, or the laws of the Kingdom of Spain in the course of your activities. Furthermore, when using our Platform and fulfilling your obligations under these Terms of Service, you must comply with all applicable laws, regulations, and provisions, including obtaining and maintaining any required licenses or permits.
4.3. You agree to make publicly available on your Online Store pages your contact information, terms of service, refund policy, order processing, shipping and return policies, and product warranty terms.
4.4. You agree not to use any Xonox trademarks, logos, or symbols, whether registered or unregistered. This includes the wordmark "XONOX".
4.5. You agree not to purchase, register, or use search engine keywords, pay-per-click keywords (e.g., Google Ads), trademarks, email addresses, social media usernames, or domain names (including domains, subdomains, and URLs) that incorporate or include the word "xonox" or any Xonox trademarks.

5. Fees and Taxes

5.1. After the 30-day free trial period ends, paid service begins. Fees are charged for the use of the Online Store and any additional services. Additional services may include fees for exceeding resource limits, excess monthly traffic, domain registration, themes, consulting services, paid third-party integrations, and other related expenses. Collectively, fees for the Online Store and additional services are referred to as "Fees".
5.2. To process recurring Fees, you must have at least one valid payment method registered with Xonox. We will charge applicable Fees using any valid payment method you have authorized and will continue to do so until the services are canceled and all outstanding Fees are paid in full. Unless otherwise specified, all Fees and payments are denominated in euros and must be paid in that currency.
5.3. Fees are charged on the first day of each month. The initial payment amount will be calculated proportionally based on the actual number of paid days in the previous month. On the billing date, you will be charged for any outstanding payments that were not successfully processed earlier. These charges will be reflected in an invoice sent to the Online Store Owner’s primary email address. You have 14 days to notify us and resolve any issues related to billing or invoicing.
5.4. If we are unable to process a payment using the registered payment method, we may attempt to charge any other valid payment method associated with your account. If payment is not successfully processed within one calendar month from the first attempt, we reserve the right to suspend your Online Store and restrict access to your account. Your account will be reactivated once all outstanding payments are settled. If payment remains unpaid for 60 days after suspension, Xonox reserves the right to permanently delete your Online Store along with the Owner’s account.
5.5. You are responsible for all applicable taxes arising directly or indirectly from the payment of Fees. Depending on your billing address, Xonox may include certain taxes in your invoice. If you are exempt from specific taxes, you must provide documentary evidence of such exemption. Tax exemption will be applied starting from the first day of the month following the date we receive valid proof of exemption. If Xonox does not collect taxes from you, you are responsible for determining whether you are required to pay taxes and, if so, for remitting those taxes to the appropriate tax authorities in your jurisdiction.
5.6. You are solely responsible for calculating, collecting, withholding, reporting, and remitting any applicable taxes, duties, fees, surcharges, or additional charges arising from sales made through your Online Store on the Xonox Platform. Our Platform is not a marketplace. Any sales contract formed through our Platform is solely between you and the buyer.
5.7. Your current and accurate business address must always be specified in your Online Store’s management panel. If you change jurisdictions, you must update your address without delay.

6. Confidentiality

6.1. Confidential Information includes all non-public information related to a party’s business, including but not limited to technical processes and formulas, software, customer lists, contact lists, prospective customers, names, addresses, and other data concerning customers and potential customers, product designs, sales, expenses, pricing, unpublished financial data, business plans, marketing information, and any other confidential or trade secret information, whether or not explicitly marked as confidential or proprietary. Xonox’s Confidential Information includes any non-public information you receive from us, including details about our security programs and methodologies.
6.2. Each party agrees to use the other party’s Confidential Information only as necessary to fulfill its obligations under these Terms of Service. Each party further agrees to take reasonable measures to protect such Confidential Information, at a level at least equivalent to those it applies to safeguard its own proprietary information.
6.3. We adhere to our Privacy Policy, which is outlined in a separate document and forms an integral part of these Terms of Service.

7. Limitation of Liability and Indemnification

7.1. To the maximum extent permitted by applicable law, you agree that Xonox shall not be liable for any direct, indirect, incidental, punitive, or consequential damages, including but not limited to lost profits, loss of data, or other intangible losses arising from your use of or inability to use our Platform, regardless of the cause.
7.2. You agree to indemnify and hold harmless Xonox and its officers from any claims or demands, including reasonable attorneys’ fees, brought by any third party due to or arising from: your violation of these Terms of Service or any referenced documents; your violation of any law or third-party rights; or any issues related to transactions between you and your customers, including chargebacks, fraudulent transactions, or alleged or actual breaches of applicable laws, including federal and state consumer protection laws.
7.3. You will be responsible for any violations of these Terms of Service committed by your affiliates, agents, or subcontractors. Their liability shall be equivalent to that of the Store Owner.
7.4. You assume all risks associated with your use of the Services, which are provided “as is" and “as available", without any express, implied, or statutory warranties or conditions.
7.5. Xonox does not warrant that the Services will be uninterrupted, timely, secure, accurate, reliable, or error-free.
7.6. Xonox does not guarantee that the quality of any products, services, information, or other materials obtained or purchased by you will meet your expectations, nor does Xonox guarantee that any errors in the Services will be corrected.

8. Ownership of Submitted Materials

8.1. We do not claim ownership of any Materials you post on the Xonox Platform.
8.2. You acknowledge that Xonox reserves the right to review and remove any Materials posted on the Platform at any time.
8.3. You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use the names, trademarks, service marks, and logos associated with your online store for the operation, provision, and promotion of the Services, as well as for fulfilling our obligations and exercising our rights under the Terms of Service.

9. Comments and Feedback

9.1. We welcome any ideas and suggestions for improving or enhancing our Services. However, submitting ideas, suggestions, or materials to Xonox does not create any confidentiality obligations or entitle you to compensation. By submitting Feedback through any means, you waive any rights to that Feedback. Additionally, we may use and publish Feedback, whether in its original form or modified, at our sole discretion without requiring permission or licensing from you or any third party. Feedback should be as accurate, lawful, and appropriate as possible. Offensive, threatening, defamatory, or otherwise objectionable comments and reviews are not permitted.

10. Intellectual Property and Copyright

10.1. Xonox is committed to protecting intellectual property rights and expects sellers on its Platform to do the same. Our policy is to respond to all notifications of alleged copyright infringement. If an individual believes that a seller on our Platform is infringing their intellectual property rights, they may submit a notification to us. Upon receiving such a notification, we may remove or disable access to the identified Materials alleged to be infringing. If a seller disputes the claim, they may submit a counter-notification. The complainant has the right to seek a court order prohibiting the seller from continuing the allegedly infringing activity within 14 business days of our receipt of the counter-notification.

11. Lifecycle of the Relationship

11.1. The term of these Terms of Service begins when you create your Online Store and continues until terminated by either party, you or Xonox, as applicable.
11.2. You may delete your Online Store and terminate these Terms of Service at any time by sending an email to Xonox customer support.
11.3. We may suspend or terminate your Account for any reason, without prior notice and at any time (unless otherwise required by law), including if we suspect fraudulent activity. Termination of these Terms of Service shall not affect any rights or obligations incurred prior to the termination date.
11.4. Upon termination of the Services by either party for any reason: A) Xonox will cease providing the Services, and you will no longer have access to your account; B) Unless otherwise specified in the Terms of Service, you will not be entitled to any refund of any Fees, whether pro-rated or otherwise; C) Any outstanding balance owed to Xonox for Services rendered prior to the termination date will be immediately due and payable; D) Your Online Store will be deleted.

12. Modifications to the Terms of Service

12.1. We reserve the right, at our sole discretion, to update or modify any part of the Terms of Service at any time. If any changes are likely to negatively affect you, your rights, or your business, we will notify you in advance by sending an email to your primary email address, posting a notice in the control panel, or by another means. All changes to the Terms of Service, unless otherwise specified, will take effect immediately upon the publication of the updated version. Changes may be made for legal, regulatory reasons, to prevent fraud and abuse, or for security purposes; to limit access to information, services, or actions that we deem unsafe, inappropriate, or offensive. By continuing to use or access the Services after we have posted the updated terms, you will be deemed to have accepted the changes and be bound by the modified Terms of Service. If you do not agree with the changes, you must cease using our Platform.
12.2. Xonox shall not be liable to you or any third party for any changes, price adjustments, suspension, or termination of the Services, whether in whole or in part.

13. General Provisions

13.1. The Terms of Service and the documents they reference constitute the entire agreement between you and Xonox and govern your use of the Services, your use of the Online Store, and your Account, superseding any prior agreements between you and Xonox, including any previous versions of the Terms of Service.
13.2. The failure of Xonox to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. If any provision of the Terms of Service (or documents referenced therein) is deemed by a court of competent jurisdiction to be unlawful, such provision will be modified and interpreted to the maximum extent permitted by law to achieve the intent of the original provision. All other provisions of the Terms of Service will remain in full force and effect.
13.3. The Terms of Service shall be governed by and construed in accordance with the laws of the Kingdom of Spain, without regard to its conflict of law principles.
13.4. The Terms of Service may be available in languages other than Spanish. In the event of any discrepancies or conflicts between the Spanish version and versions in other languages, the most recent version of the Terms of Service in Spanish, available at https://xonox.io/es/legal/terms, will take precedence. Any dispute arising in connection with these Terms of Service will be resolved in Spanish unless Xonox decides otherwise (at its discretion) or unless required by applicable law.
13.5. All terms and provisions of these Terms of Service are binding and valid for the benefit of the parties to these Terms and their respective legal representatives, successors, permitted assigns, and usual or lawful representatives. Xonox may transfer or assign its rights and obligations under these Terms of Service without notice or your consent. You may not transfer or assign your rights or obligations to any third party without the prior written consent of Xonox, which the company may grant or deny at its discretion.
13.6. Upon termination of the relationship, all rights and obligations under the Terms of Service immediately cease, except for the following: you remain responsible for fulfilling all obligations related to transactions entered into prior to termination, and any obligations that arose before or as a result of the termination.

14. Contact Information

We are committed to ensuring that you have an entirely positive experience and interaction with our platform, and we are open to communication. Individuals with questions, requests, or complaints regarding our Terms of Service should first contact Xonox at:

support@xonox.io
or
Xonox
Box 4005
Burjassot 46100
Spain

Requests will be reviewed by the appropriate department at Xonox. We will respond to any inquiries or complaints without undue delay and in accordance with applicable laws.