Terms of Service

These Terms of Service ("Terms") govern your access to and use of the XION8 platform ("XION8," "the Service"), operated by Next Orion LLC ("Next Orion," "we," "us"). By creating an account, starting a free trial, or using the Service, you agree to these Terms.

1. The Service

XION8 is a multi-tenant software-as-a-service platform providing remote monitoring and management (RMM) and managed compliance capabilities. Features available to you depend on the subscription tier you select.

2. Accounts and Eligibility

You must provide accurate account information and are responsible for maintaining the security of your account credentials and for all activity under your account. You must be authorized to bind the organization you register on behalf of.

3. Free Trial

XION8 offers a 30-day free trial. During the trial you have access to the Service at no charge. Unless you cancel before the trial ends, your subscription will begin and billing will start at the end of the trial period at the rate for your selected tier.

4. Subscriptions and Billing

Subscriptions are billed in advance on a monthly or annual basis depending on the billing period you select. Payment is processed by our payment processor. Prices are stated on our pricing page and may change with notice for future billing periods. You authorize us to charge your selected payment method for recurring fees until you cancel.

5. Cancellation

You may cancel your subscription at any time from your account dashboard. Cancellation stops future billing. Your access continues through the end of the current paid billing period. Refunds are governed by our Refund Policy.

6. Acceptable Use

You agree not to misuse the Service, including by attempting to access data belonging to other tenants, interfering with the Service's operation, reverse-engineering the platform, or using the Service to violate any law or third-party right.

7. Customer Data

You retain ownership of the data you submit to the Service. We process it to provide the Service in accordance with our Privacy Policy. We apply tenant isolation so that your data is not accessible to other customers.

8. Intellectual Property and Ownership

Next Orion LLC retains all right, title, and interest in and to the XION8 platform, including the software, documentation, and the XION8 name and marks. These Terms do not grant you any ownership of the platform or our intellectual property. Your ownership of the data you submit is unchanged and is addressed in the Customer Data section above.

9. Service Availability

We work to keep the Service available and reliable but do not guarantee uninterrupted access. We may modify, suspend, or discontinue features with reasonable notice where practical.

10. Disclaimers

The Service is provided "as is" without warranties of any kind to the fullest extent permitted by law. XION8 supports your security and compliance program but does not guarantee any specific compliance outcome or certification result; responsibility for your compliance posture remains with you.

11. Limitation of Liability

To the fullest extent permitted by law, Next Orion LLC's total liability arising out of or relating to the Service is limited to the amounts you paid for the Service in the twelve months preceding the claim. We are not liable for indirect, incidental, or consequential damages.

12. Indemnification

You agree to defend and indemnify Next Orion LLC against third-party claims arising from your misuse of the Service or your violation of these Terms or applicable law. Next Orion LLC agrees to defend you against third-party claims alleging that the XION8 platform itself infringes that third party's intellectual property rights. The specific limits, procedures, and exceptions that apply to these obligations will be set out in the finalized version of these Terms.

13. Data Export on Termination

On cancellation or termination, you may retrieve your data for a period of 30 days. After that window, Next Orion LLC may delete your data, with full deletion completed by 90 days after termination. Details of how we process and delete personal data are set out in our Data Processing Agreement.

14. Termination and Suspension

We may suspend or terminate access for breach of these Terms. We may also suspend access for non-payment or where there is a security risk to the Service or to other customers. Where practical, we will give you reasonable notice and an opportunity to cure before suspending. You may stop using the Service at any time by cancelling your subscription.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through the Service or by email. Continued use after changes take effect constitutes acceptance.

16. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules. The parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Jackson County, Texas.

17. Force Majeure

Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, outages, cyberattacks, or failures of third-party providers or infrastructure.

18. Assignment

You may not assign or transfer these Terms without our prior written consent. Next Orion LLC may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

19. Severability

If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will stay in full force and effect.

20. Entire Agreement

These Terms, together with the policies they reference — our Privacy Policy, Refund Policy, and Data Processing Agreement — are the entire agreement between you and Next Orion LLC regarding the Service and supersede any prior understandings.

21. Contact

Next Orion LLC
PO Box 783, Edna, TX 77957
[email protected]