Xenter Website Terms of Use

These Terms of Use (“Terms”) govern your access to and use of https://www.xenter.io and any related subdomains or pages (the “Site”), which is operated by Xenter, Inc. (“Xenter,” “we,” “us,” or “our”).

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

These Terms govern the Site only. If you are an individual using XenME, our consumer application, separate XenME Terms of Use and Privacy Notices apply instead — see Section 7 below. If you are a healthcare provider or business customer, your relationship with Xenter is governed by your applicable agreement with us and the Xenter Website & Business Privacy Notice.

1. About This Site; Not Medical Advice

The Site provides general information about Xenter, its technology platform, and its products, including devices and software under development. Some products and technologies described on the Site — including certain devices referenced as investigational — are not cleared or approved for sale in the United States or any other jurisdiction and are described for informational purposes only.

2. Eligibility

The Site is a general-audience business and informational website and is not directed at children. It is not intended for use by anyone under the age of 18. If you believe a child has provided personal information through the Site, please contact us using the information in Section 17.

3. License to Use the Site

Subject to these Terms, Xenter grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for your own informational or business purposes.

You agree not to:

• Copy, reproduce, republish, or redistribute Site content for commercial purposes without our prior written consent;
• Use any automated means (bots, scrapers, crawlers, etc.) to access or extract data from the Site, except standard search engine indexing;
• Interfere with or disrupt the Site's operation, servers, or networks;
• Attempt to gain unauthorized access to any part of the Site or related systems; or
• Use the Site to transmit any virus, malware, or other harmful code.

4. Intellectual Property

The Site and its content — including text, graphics, logos, videos, and software — are owned by Xenter or its licensors and protected by intellectual property laws.

“Xenter,” “XenFi,” “XMD,” “XenME,” “Physical Intelligence,” “Guru,” “Avara,” “Reveal,” “TechMed,” and others, along with any associated logos, are trademarks of Xenter, Inc.  Nothing on the Site or in these Terms grants you any right to use Xenter's trademarks without our prior written permission.

5. Inquiries and Submissions

The Site may let you submit information through a contact or inquiry form (for example, your name, company, phone number, email address, and message). By submitting this information, you consent to Xenter contacting you about your inquiry. Our handling of information submitted through the Site is described in the Xenter Website & Business Privacy Notice (see Section 7).

Please do not submit protected health information, patient data, or other sensitive personal information through the Site's general contact or inquiry forms.

6. Careers and Job Applications

If you apply for a position through the Site's Careers page, your application materials will be used to evaluate your candidacy and may be retained consistent with applicable employment and recruiting laws.

7. Privacy

Our collection and use of personal information through the Site is described in the Xenter Website & Business Privacy Notice, available at xenter.io/privacy.

These Terms do not apply to XenME, Xenter's consumer-facing application. If you are an individual patient or consumer using XenME, the separate XenME Terms of Use (xenter.io/xenme/terms) and XenME Consumer Privacy Notice (xenter.io/xenme/privacy) (and, if you are a Washington resident, the Washington Consumer Health Data Privacy Notice available at xenter.io/consumer-health-privacy) govern your use instead.

8. Third-Party Links and Content

The Site may link to or embed content from third-party platforms (for example, LinkedIn or video hosting services). We do not control and are not responsible for the content, accuracy, or privacy practices of any third-party site or platform. Your use of any third-party site is subject to that third party's own terms and privacy practices.

9. No Offer; Forward-Looking Statements

Nothing on the Site constitutes an offer to sell, or the solicitation of an offer to buy, any product or security in any jurisdiction where such offer or solicitation would be unlawful. Descriptions of investigational devices, technologies under development, or planned capabilities (including statements about future functionality of XenFi, XMD, or XenME) are forward-looking statements that reflect Xenter's current expectations and are not guarantees of future performance, regulatory clearance, or product availability. Actual outcomes may differ materially.

10. Disclaimers of Warranties

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, or that information on the Site is accurate, complete, or current. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XENTER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XENTER'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE WILL NOT EXCEED $100.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless Xenter and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Site or your violation of these Terms.

13. Governing Law and Venue

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws principles, except to the extent applicable law requires otherwise. Any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Utah, and you consent to personal jurisdiction there.

14. International Use and Export Control

Xenter is headquartered in the United States, and the Site is available in multiple languages. In the event of any conflict or inconsistency between the English-language version of the Site or these Terms and a translated version, the English-language version controls.

The Site is accessible from many countries. We make no representation that the Site, or the products and technologies it describes, are appropriate, available, or lawful in every location. If you access the Site from outside the United States, you are responsible for compliance with local laws, including any applicable export control or sanctions laws.

15. Changes to These Terms

We may update these Terms from time to time. Changes will be reflected by updating the “Effective Date” above. Your continued use of the Site after changes take effect constitutes acceptance of the updated Terms.

16. Miscellaneous

• Entire Agreement: These Terms, together with the Xenter Website & Business Privacy Notice, constitute the entire agreement between you and Xenter regarding the Site.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.
• No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
• Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

17. Contact Information

Questions about these Terms can be directed to:

Xenter, Inc.

344 West 13800 South, Suite 400

Draper, Utah 84020, United States

Email: legal@xenter.io