These Terms of Service ("Terms") form a binding agreement between you and Xcelion AI, LLC, a Delaware limited liability company ("Xcelion," "we," "us," or "our"), governing your access to and use of the Xcelion mobile application, website, and related services (collectively, the "Service"). By creating an account, downloading the app, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
01Acceptance & eligibility
You may use the Service only if you are at least 18 years old and capable of forming a binding contract under the laws of your jurisdiction. The Service is offered to residents of the United States; we make no representation that it is appropriate or available for use elsewhere. You are responsible for compliance with all local laws applicable to your use.
If you are using the Service on behalf of an entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity.
02What the Service is
Xcelion is a news curation and contextualization software. You add the names of public US-listed securities you wish to track. The Service reads publicly available news, regulatory filings, macro indicators, and analytical commentary, and produces a short written briefing about each tracked name, with citations.
The briefings are general informational content distributed on a regular schedule to all subscribers. They are not tailored to your individual financial situation, holdings size, time horizon, tax situation, or risk tolerance. Adding a name to your tracked list does not communicate any information about your portfolio that the Service uses to personalize advice, because the Service does not give advice.
03Not investment advice
Xcelion is not a registered investment adviser, broker-dealer, money transmitter, or financial planner. Xcelion is a publisher of general financial information, qualifying for the publisher's exclusion under Section 202(a)(11)(D) of the Investment Advisers Act of 1940 and the framework articulated in Lowe v. SEC, 472 U.S. 181 (1985).
Xcelion does not
- Provide personalized investment, financial, tax, accounting, or legal advice.
- Recommend that you buy, sell, hold, or refrain from buying or selling any security or financial instrument.
- Predict prices, returns, or future performance of any kind.
- Solicit any transaction, route any order, custody any asset, or transmit money.
- Manage portfolios, rebalance positions, or make trades on your behalf.
- Operate as a fiduciary with respect to any user.
You are solely responsible for evaluating whether any information you receive through the Service is appropriate for your circumstances, and for any decision you make in reliance on it. Investing involves risk, including the possible loss of principal. Past performance and historical context are not indicative of future results. You should consult a licensed professional before acting on any information.
04AI-generated content
Briefings, summaries, and contextual text in the Service are generated by large language models operated by third parties, including Anthropic and OpenAI. We engineer prompts, supply context, and apply post-processing, but the generative output itself originates from these models. The Service marks AI-generated text as such where required by applicable law, including but not limited to Article 50 of Regulation (EU) 2024/1689 (the "EU AI Act") for users to whom it applies.
Limitations of AI output
AI-generated text may contain errors, omissions, outdated information, fabricated citations, or content that misrepresents underlying sources. The models we use are trained on data with knowledge cutoffs and have known failure modes including hallucination. You must independently verify any factual claim before relying on it, particularly any claim about a corporate event, a regulatory action, financial data, or the existence or status of a company.
Not a high-risk or consequential-decision system
The Service is intended to provide general informational content for adult readers and does not produce decisions that have legal effects or similarly significant effects on you. The Service is not designed for, and you may not use it for, automated trading, credit decisions, hiring decisions, insurance underwriting, healthcare decisions, or any other purpose that constitutes a "consequential decision" under the Colorado AI Act (SB 24-205), the Utah Artificial Intelligence Policy Act, the Texas Responsible Artificial Intelligence Governance Act (HB 149), or analogous laws.
05Account & access
To use the Service you create an account using a valid email address. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify us promptly at xcelionai@gmail.com if you suspect unauthorized access. We may suspend or terminate accounts that we reasonably believe are compromised, fraudulent, or in violation of these Terms.
You may delete your account at any time from within the Service. Deletion is processed within thirty (30) days, subject to legal retention obligations.
06Subscription tiers
The Service is offered through paid subscriptions. New users receive a three (3) day free trial with full access; unless cancelled before the trial ends, the trial automatically converts to the paid tier you selected at sign-up. Trial mechanics are described in Section 7.
Pre-launch Founding Member reservations
Before App Store launch, we may offer an optional one-time Founding Member reservation through our website. A reservation is not a subscription, does not automatically renew, and does not by itself grant app access before launch. Unless otherwise stated at checkout, the reservation amount is credited toward your first annual Xcelion plan at launch, or refunded if you request a refund before the App Store release.
Founding Member pricing applies to the first annual billing period only: Pro at $149.99 for year one, normally $199.99, or Premier at $299.99 for year one, normally $399.99. Plan selection and any App Store subscription terms are completed after launch.
We offer two paid tiers:
- Pro — entry tier.
- Premier — higher tier with expanded briefing depth, history, and limits.
The specific features, limits, and prices of each tier are presented in the app at the point of purchase and may change with reasonable notice. Any pricing or feature description on the Service or in marketing materials is illustrative until confirmed at the point of purchase.
07Trial, billing, auto-renewal
Three-day free trial
When you start a subscription for the first time, you receive a three (3) day free trial with full access to the tier you selected. The trial begins when Apple confirms your subscription. Unless you cancel at least 24 hours before the trial ends, the trial automatically converts to a paid subscription at the price disclosed at sign-up. The trial is offered once per Apple ID; subsequent reinstalls, account changes, or new subscriptions do not reset the trial.
Apple as merchant of record
Subscriptions purchased through the iOS app are billed through your Apple ID by Apple Inc., subject to Apple's Media Services Terms. Xcelion does not process or store your payment card information. Refund requests for app-store-billed purchases must be directed to Apple.
Auto-renewal
Subscriptions automatically renew at the end of each billing period at the then-current price unless you cancel at least 24 hours before the end of the current period. You can cancel at any time in Settings > Apple ID > Subscriptions on your device. Cancellation takes effect at the end of the current paid period; you retain access until then. We do not provide partial-period refunds except where required by law.
Tier changes
You may upgrade from Pro to Premier or downgrade from Premier to Pro at any time. Apple manages the proration and effective date of tier changes per its standard subscription policy.
Price changes
If we change the price of a subscription, we will give you reasonable advance notice and an opportunity to cancel before the change takes effect.
Disclosures
Where required by the California Automatic Renewal Law (Cal. Bus. & Prof. Code §17602), as amended by AB 2863 effective July 1, 2025, and analogous laws in other states, we will provide pre-purchase disclosure of the auto-renewal terms, send confirmation of the purchase, send periodic renewal reminders, and provide a method of cancellation that is no more difficult than the method of enrollment.
08Acceptable use
You agree not to:
- Use the Service in any unlawful manner or for any unlawful purpose.
- Use the Service to make actual trading or investment decisions for which a registered professional is required, or to provide investment advice to others.
- Reverse engineer, decompile, or attempt to extract the underlying models, prompts, or proprietary processing of the Service.
- Scrape, crawl, or systematically extract briefings, source citations, or other content for redistribution, training of third-party models, or commercial use.
- Resell, sublicense, or republish briefings to third parties without our prior written consent.
- Bypass or attempt to bypass any rate limit, paywall, security, or access control.
- Submit input that is unlawful, infringing, or that contains personal information of any third party.
- Use the Service in a sanctioned jurisdiction (currently including, without limitation, Cuba, Iran, North Korea, Syria, the Crimea/Donetsk/Luhansk regions of Ukraine), or if you are subject to US sanctions or export controls.
- Use the Service to create a competing product or to benchmark for a competing product.
09Intellectual property & license
The Service, including all software, models, prompts, briefing templates, citations methodology, brand elements, and visual design, is owned by Xcelion or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use, in accordance with these Terms.
All rights not expressly granted are reserved. Briefings provided to you may include short quotations from third-party sources covered by fair use; the underlying news, filings, and commentary remain the property of their respective owners.
10Your inputs & AI training
"Inputs" means the names you add to your tracked list and any optional preferences or queries you submit. You retain ownership of your Inputs. You grant Xcelion a worldwide, royalty-free, non-exclusive license to process your Inputs solely to deliver the Service to you, to operate and secure the Service, to comply with law, and to improve the Service in aggregated and de-identified form.
We do not use your Inputs to train any artificial intelligence model, and our agreements with our AI subprocessors prohibit them from training their models on data submitted through our integrations. Specifically, we have configured our use of the Anthropic and OpenAI APIs to opt out of model training on submitted content, consistent with their published commercial terms.
For details on our data handling, including subprocessors and retention, see our Privacy Policy.
11Third-party content & sources
Briefings cite and summarize publicly available content produced by third parties, including regulators, primary news outlets, and independent commentators. We are not affiliated with, endorsed by, or sponsored by any source, regulator, publisher, or commentator referenced in any briefing. References to a source do not imply that the source has reviewed, approved, or had any input into the briefing.
The Service may link to external websites operated by third parties. We are not responsible for the content, privacy practices, or terms of any third-party site. You access third-party sites at your own risk.
12Copyright concerns
Briefings include short excerpts from and citations to third-party news articles, regulatory filings, and analytical commentary. We rely on the doctrine of fair use and applicable safe harbors. The Service does not host user-submitted media or text, so we do not maintain a Section 512(c) designated agent.
If you believe that any content accessible through the Service infringes your copyright, please contact us at xcelionai@gmail.com with: (a) a description of the work, (b) the location of the alleged infringing content within the Service, and (c) your contact information. We will review and respond promptly.
13Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if we reasonably believe you have violated these Terms, if required by law, or if continuing to provide the Service to you exposes us or other users to risk. On termination, your license to use the Service ends immediately. Sections that by their nature should survive termination (including IP, disclaimers, liability limits, indemnity, and dispute resolution) will survive.
14Disclaimer of warranties
15Limitation of liability
16Indemnification
You agree to defend, indemnify, and hold harmless Xcelion, its affiliates, officers, members, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service in violation of these Terms or applicable law, (b) your reliance on any briefing or AI-generated content for any decision, including any investment, financial, or trading decision, or (c) your infringement of any third-party right.
17Dispute resolution & arbitration
Informal resolution first
Before filing any claim against the other, you and Xcelion agree to try to resolve the dispute informally. You agree to send a written notice describing the dispute to xcelionai@gmail.com; we will respond within sixty (60) days. If we cannot resolve the dispute within that period, either party may proceed to arbitration.
Mandatory arbitration
You and Xcelion agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, including the AAA's Mass Arbitration Supplementary Rules where applicable. The arbitration will be held in Wilmington, Delaware, or, at your election, by telephone or video, or in your county of residence. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Class action waiver
You and Xcelion agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding. If a court finds this class-action waiver unenforceable as to any claim, that claim must proceed in court rather than in arbitration.
30-day right to opt out
You may opt out of this arbitration agreement by sending written notice to xcelionai@gmail.com within thirty (30) days of first accepting these Terms. The notice must include your full name, the email associated with your account, and a clear statement that you wish to opt out. Opting out will not affect any other provision of these Terms.
Exceptions
Either party may bring (a) an individual claim in small-claims court, or (b) an action in court for injunctive or other equitable relief to protect intellectual property rights, without first proceeding through informal resolution or arbitration.
18Governing law
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Subject to Section 17, the state and federal courts located in New Castle County, Delaware will have exclusive jurisdiction over any claim not subject to arbitration. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
19Changes to these Terms
We may update these Terms from time to time. If we make a material change, we will give you reasonable advance notice (for example, by email or in-app notice) before the change takes effect. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Service.
20Miscellaneous
Entire agreement
These Terms, together with our Privacy Policy and any other policies or notices we publish, constitute the entire agreement between you and Xcelion regarding the Service and supersede any prior agreements.
No waiver
Our failure to enforce any provision is not a waiver of our right to do so later.
Severability
If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be replaced by an enforceable provision that most closely reflects the original intent.
Assignment
You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
Notices
We may give you notice by email to the address associated with your account or by in-app message. Notices to us must be sent to xcelionai@gmail.com.
No agency
Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and Xcelion.
Apple-specific terms
If you use the iOS app, you acknowledge that these Terms are between you and Xcelion only, not with Apple, and that Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support for the Service. In the event of any failure to conform to an applicable warranty (which we disclaim above), you may notify Apple, and Apple will refund the purchase price for the iOS app to you, if any. To the maximum extent permitted by law, Apple has no other warranty obligation. Apple is a third-party beneficiary of these Terms and may enforce them against you.
21Contact
Xcelion AI, LLC
Delaware, United States
xcelionai@gmail.com