Welcome to AppliedXL.com, operated by Applied X Lab, Inc., a Delaware corporation. These Terms of Use govern your access to and use of AppliedXL's website, platform, data feeds, APIs, products, and any other services provided through AppliedXL.com. By accessing or using the Services, you agree to be bound by these Terms and by AppliedXL's Privacy Policy, which is incorporated by reference. If your organization has entered into a separate written agreement with AppliedXL, such as a Master Services Agreement or Order Form, that agreement will govern in the event of any conflict with these Terms. AppliedXL may update these Terms from time to time by posting a revised version and updating the Last Updated date above. Continued use after any update constitutes acceptance. Questions: support@appliedxl.com.
These Terms become effective upon first access of the Services and continue until they expire or are terminated earlier under Section 2. The term of any account associated with specific Services will be described at the time of registration or purchase.
Either party may terminate access on a material breach that is not remedied within thirty (30) days of written notice. Customer failure to pay undisputed amounts within thirty (30) days is a material breach for which AppliedXL may suspend or terminate immediately; disputed payments are resolved in good faith. Either party may terminate if the other ceases ordinary operations, becomes insolvent, files for bankruptcy, or cannot meet its obligations.
Termination ends access to the Services and associated accounts. Notice may be given by email or in-Service announcement. Termination of a subscription also ends Registered Users' access to Platform Services. If Customer terminates for AppliedXL's uncured material breach, AppliedXL refunds a pro-rata portion of prepaid fees from the termination date; no other refunds are provided. AppliedXL may retain and use Aggregated Data after termination, anonymized to prevent reverse-engineering and identification.
AppliedXL charges or invoices Fees for the Services as set out in the applicable order form or registration process. Fees in an order form are effective for its term. AppliedXL may invoice monthly or on another communicated schedule, and may adjust Fees for new features, additional Registered Users, or added products.
Unless otherwise stated in an order form, AppliedXL provides at least sixty (60) days' prior written notice before any Fee increase takes effect.
Customer promptly notifies AppliedXL in writing of any Fee dispute and pays all undisputed invoices within thirty (30) days of the invoice date, in U.S. Dollars to a designated account.
All Fees are exclusive of taxes, levies, and similar charges, except taxes on AppliedXL's net income. Customer is responsible for such taxes; AppliedXL will include or invoice applicable taxes, and Customer may pay directly to the authority where not charged.
During the subscription term, AppliedXL grants Customer a global, non-exclusive, royalty-free, non-sublicensable, non-transferable license to access and use the AppliedXL Products per the Documentation; create derivative works from Content, provided they do not misrepresent AppliedXL's Content or imply authorship or endorsement; and use Content for business purposes including internal operations, research, marketing and sales, and distribution and monetization across Customer's platforms.
Customer and its users shall not: permit access by unauthorized parties; modify or translate the Products or Documentation except as allowed; sublicense, lease, or transfer the Products to third parties; reverse engineer or attempt to derive source code or underlying structure; use the Products or Content to train, refine, or develop AI models, including large language models; disclose or transmit the Products or Content except as permitted; use automated tools to scrape or harvest the Products or Content except as permitted; or use the Products as the sole basis for time-critical or mission-critical decisions.
The Platform processes user-generated prompts as standard functionality. Such inputs are Confidential Information and will not be shared, sold, licensed, or used to train any internal or third-party AI models. Prompts may be transmitted to third-party large language models strictly within defined workflows under data-minimization protocols. PII and PHI are not included in such transmissions.
Outputs are generated through Configurations defined by Customer and AppliedXL (parameters such as sector impact, risk category, regulatory domain, audience relevance, and geographic scope). Customer-defined Configurations are Customer's confidential and proprietary information, and AppliedXL will not disclose, reuse, or intentionally replicate them for other customers.
Because AppliedXL relies on public data and modular parameters, other customers may independently select similar Configurations, and overlap in outputs may occur. AppliedXL does not guarantee exclusivity over data elements or insights derived from public sources, but does guarantee confidentiality of Customer's unique Configurations.
AppliedXL retains exclusive ownership of its pre-existing intellectual property, including the Products, Documentation, Content, Website, and its proprietary processes, tools, methodologies, and technologies for event detection and news automation (the AppliedXL IP). Products and Documentation are licensed, not sold; no title passes. All rights not expressly granted are reserved.
All graphics, logos, service marks, and trade names used with the Website or Products (the Marks) are AppliedXL trademarks and may not be used without AppliedXL's express written consent.
Customer grants AppliedXL a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use any feedback relating to the Products and Documentation. AppliedXL will not identify Customer as the source.
AppliedXL uses Customer Data solely to provide the Services and not in commercial projects with third parties. AppliedXL may use Customer Data only after it is de-identified, anonymized, and aggregated with similar data from other customers (Aggregated Data) for analytics, service improvements, and product development. Any other use requires Customer's prior written consent.
Any data, metadata, or taxonomy furnished by AppliedXL (AppliedXL Data), including training data, remains AppliedXL's sole property. Except as permitted, Customer shall not use any AppliedXL IP to train, refine, or develop AI models, including generative AI and large language models.
Where information incorporates publicly accessible or external data (Third-Party IP), AppliedXL adheres to the terms of use of the source databases. Customer may access and use such Third-Party IP as collected or transformed by AppliedXL during the term.
Products means AppliedXL's proprietary SaaS platform (the Platform) and related APIs, consisting of real-time data and research outputs from AppliedXL's technology, algorithms, and editorial processes. Feeds provide real-time, forward news monitoring as briefings surfaced by Customer configuration. Landscapes provide dynamic, enriched clinical trial insights via aggregated table views. AppliedXL retains all right, title, and interest in the Products.
AppliedXL provides access to structured data and curated briefings through APIs, delivering real-time intelligence from public regulatory and scientific sources enriched with AppliedXL's proprietary signals and editorial context, for integration into Customer's systems and workflows.
Customer registers authorized Registered Users to access the Platform, who may register via third-party single sign-on. Customer is responsible for accurate registration data and all activity under its users' accounts. Credentials may not be shared, and previously removed or banned individuals are not eligible to register.
The Platform may contain links to third-party services, websites, applications, or advertisements. AppliedXL does not control and disclaims responsibility for third-party sites, content, services, and tools, and makes no representation as to their completeness, accuracy, reliability, legality, or availability.
When Customer clicks a link to a third-party site, Customer acknowledges they are leaving the AppliedXL environment. AppliedXL provides such links only as a convenience and does not review, endorse, or warrant them. Use of all third-party links is at Customer's own risk.
To the fullest extent permitted by law, Customer releases AppliedXL and its representatives from all claims related to Customer's use of the Website, Services, Products, and Documentation. This release does not apply to claims resulting directly from AppliedXL's gross negligence, willful misconduct, fraud, unconscionable commercial practice, or material breach.
Communications may take place electronically. The parties consent to receive communications in electronic format and agree that electronic notices satisfy any legal requirement that they be in hardcopy form.
The Products may be accessed from various jurisdictions. AppliedXL makes no representation that all Products or functionality are appropriate or available in all jurisdictions. Users accessing from foreign jurisdictions do so at their own risk and are responsible for compliance with local laws, including data-privacy laws.
The Products and Documentation contain valuable trade secrets. Any actual or threatened breach by Customer causes immediate and irreparable harm for which AppliedXL has no adequate remedy at law, and AppliedXL is entitled to equitable and injunctive relief.
AppliedXL will use commercially reasonable efforts to keep the Services operational at least ninety-five percent (95%) of the time during the subscription term.
If that commitment is not met and not remedied within thirty (30) days of Customer's notice, Customer may terminate under Section 2.
AppliedXL represents and warrants that it has the authority to enter these Terms; will comply with applicable laws including data-privacy laws; will develop Content competently and professionally per industry standards; that the AppliedXL IP and Content do not infringe third-party rights; and that Customer receives all rights needed to use the Content, free of encumbrances.
Customer represents and warrants that Customer Data does not infringe third-party rights or regulations; that it has authority to enter these Terms; and that it will comply with applicable laws including data-privacy laws.
To the maximum extent permitted by law, the Website, Services, support, and Documentation are provided AS IS and AS AVAILABLE. AppliedXL disclaims all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, title, and non-infringement. AppliedXL does not warrant that data or content will be current, complete, or updated in real time. Content is for educational and informational purposes only and is not advice of any kind.
The parties agree, during and after the Term, to hold Confidential Information in strict confidence, use it only for the purposes in these Terms, and not disclose it except as contemplated or agreed in writing.
A party may disclose Confidential Information to service providers with a legitimate need who are bound by protective confidentiality obligations, or as required by a governmental authority, court, or applicable law.
Each party protects the other's Confidential Information with a reasonable standard of care, no less than it uses for its own. Confidential Information includes trade secrets, business information, customer contact information and lists, and other non-public proprietary information. Upon termination, each party stops using and deletes the other's Confidential Information still in its control, excluding materials integrated into internal work products or retained for compliance.
In no event shall AppliedXL be liable for any loss of use, revenue, profit, or data, diminution in value, or any consequential, incidental, indirect, exemplary, special, or punitive damages, whether in contract, tort, or otherwise, regardless of foreseeability or notice, and notwithstanding the failure of any remedy of its essential purpose. AppliedXL's aggregate liability shall not exceed the amounts paid or payable to AppliedXL under these Terms. This limitation does not apply to claims based on fraud committed by AppliedXL.
You acknowledge that AppliedXL is not liable for the conduct or omissions of third parties, and that the risk of injury from such third parties rests entirely with you.
The representations and warranties expressly contained in these Terms are AppliedXL's sole and exclusive representations and warranties; all others are disclaimed and shall not be relied upon.
AppliedXL will defend, indemnify, and hold harmless Customer and its representatives from third-party claims arising from AppliedXL's material breach of its representations, warranties, or obligations, or a claim that the Services infringe a third party's intellectual property or misappropriate its trade secrets.
Customer will indemnify, defend, and hold harmless AppliedXL and its representatives from third-party claims arising from Customer's material breach of its representations, warranties, or obligations.
The indemnified party gives prompt written notice, reasonably cooperates, and permits the indemnifying party to control defense and settlement, provided that any settlement imposing monetary or injunctive obligations on the indemnified party requires its prior written approval.
Nothing in these Terms prevents either party from entering into a similar relationship with third parties.
AppliedXL may include Customer's name and logo in its customer lists and refer to Customer as a user of the Services in its advertising and marketing materials.
These Terms constitute the entire and exclusive agreement between you and AppliedXL on this subject matter, superseding all prior negotiations, representations, and agreements, oral or written.
These Terms may be updated as described herein. If any provision is found unlawful or unenforceable, it will be amended to achieve as nearly as possible the original intent, and the remainder remains in full force and effect.
Any claim arising out of or relating to these Terms shall be settled by arbitration administered by the American Arbitration Association under its rules, with costs borne equally. New York, New York is the site for all hearings, before a single arbitrator.
These Terms are governed by the laws of the State of New York, excluding conflict-of-law provisions. The UN Convention on Contracts for the International Sale of Goods does not apply.
The Products and Documentation may contain encryption technology controlled under U.S. export law, which may require an export license. Customer agrees to comply with all applicable export-control laws, and will defend, indemnify, and hold harmless AppliedXL from fines, penalties, and costs resulting from Customer's breach of this Section.
AppliedXL may provide notices by email, through the Services, or by posting on AppliedXL.com; you agree these satisfy any writing requirement. You may send notices to support@appliedxl.com or by mail to AppliedXL, 15 Metrotech Center, 7th Floor, Brooklyn, NY 11201.
The parties are independent contractors. Nothing creates an agency, employment, partnership, fiduciary, or joint-venture relationship, and neither party may bind the other to any contract.
Neither party may assign or transfer its rights or duties without the other's prior written consent, except to an affiliate or to the purchaser of substantially all related assets, so long as that party is not a direct competitor. Any assignment in violation is null and void.
Neither party is liable for delay or failure caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government orders, pandemics, supplier failures, power or utility interruptions, telecommunications outages, cloud-hosting failures, or malicious network events. A force-majeure event does not excuse payment except where it directly prevents payment. Each party will use reasonable efforts to mitigate and resume performance; no specific uptime or resolution time is guaranteed.
No waiver is effective unless in a writing signed by the party charged. No failure or delay in exercising a right waives it, and no partial exercise precludes further exercise. Rights are cumulative and in addition to other remedies, provided that the indemnification remedy in Section 12.A is Customer's exclusive remedy for infringement and misappropriation claims.
Section headings are for convenience only and will not be used to interpret these Terms. Including means including, but not limited to.
All provisions that by their nature should survive termination, including those on license grants and restrictions, proprietary rights, effects of termination, representations and warranties, indemnification, confidentiality, and intellectual property, survive expiration or termination for any reason.