This Terms of Service ("Agreement") governs use of the Services provided by Xirsys, LLC ("Xirsys," "we," "us," or "our"), located at 25350 Magic Mountain Parkway, Suite 300, Santa Clarita, CA 91355, and the person or entity that registers an account ("Client," "you," or "your"). By checking the acceptance box or using the Services, you agree to this Agreement and these terms become a binding legal commitment between you and Xirsys. If you do not agree, do not use the Services.
References: Privacy Policy, Data Processing Agreement, and Standard Contractual Clauses Addendum.
1.1 Description. Xirsys operates a globally distributed WebRTC STUN/TURN infrastructure and APIs that enable real-time communications (“Service”). Xirsys relays media that is encrypted end-to-end using DTLS-SRTP between endpoints; Xirsys does not decrypt communications content and does not store communications content.
1.2 Conduit posture. Xirsys acts as a transient relay for session traffic ("Service Traffic"), including the temporary relay of IP addresses necessary to establish and maintain connections. Xirsys does not inspect, log, or retain Service Traffic. Xirsys maintains aggregated metrics (e.g., session counts, total bytes transferred, uptime/error rates) at the account level for billing, operations, security, and service improvement ("Metrics Data"). Metrics Data excludes Service Traffic communications content.
1.3 Documentation. Client’s use of Services must follow applicable documentation, API limits, and reasonable technical requirements Xirsys publishes.
Client must be legally capable of contracting and provide accurate registration, contact, and billing information. If Client registers on behalf of a business entity, Client represents and warrants that Client has authority to bind that entity. Client is responsible for safeguarding access credentials and for activity under Client’s account.
Client will use the Services only in compliance with applicable laws (including U.S. law, GDPR/UK GDPR, and other regional laws). Prohibited uses of the Services include distributing malicious code, attempting unauthorized access, infringing IP, violating export/sanctions, or facilitating illegal content or conduct. You may not upload, transmit, or otherwise make available any content that is unlawful, defamatory, obscene, threatening, or that violates trade secrets or third-party privacy rights. Client warrants and represents that all use of Service will accord with such rules, and agrees to indemnify, defend and hold harmless Xirsys and its affiliates from any claim(s), damages or expenses resulting from or associated with Client’s violation of this section, including claims relating to unlawful or infringing content transmitted through the Services.
4.1 Pricing. Xirsys’ current fees for the Service are set forth on the website and all fees due under this Agreement are payable in United States dollars. Client shall pay for Services at the time of a paid plan activation. Xirsys reserves the right to adjust prices on any and all Services; price changes will take effect 30 days after being posted on the website.
4.2 Recurring and Non-recurring charges. Client shall pay the applicable recurring fees associated with Client’s selected paid plan. Recurring Service charges will be charged to Client’s on-file credit card each pay period on the start date of the paid plan. Any non-recurring charges incurred by Client will also be charged to Client’s on-file credit card; Client will be notified of such charges in advance via email.
4.3 Late payments. If valid payment for any recurring and/or non-recurring payment has not been received from Client within 15 days of the initial bill date, Xirsys reserves the right to suspend or terminate Client’s account or Service.
4.4 Upgrades/Downgrades. Client may upgrade or downgrade the Service plan at any time through the account dashboard. A pro-rate will be charged for any upgrade made before the end of the Client’s current billing cycle, and the new plan price will take effect on the next bill date. If a downgrade of Service plan takes place before the end of the Client’s current billing cycle, any remaining credit for monthly recurring payments will be forfeited and any remaining credit for annual recurring payments will either be applied to Client’s account or refunded, upon Client’s request.
4.5 Cancellation. Client may cancel the account at any time through the account dashboard, and the cancellation is effective immediately. However, Client must cancel the account at least 24 hours before the end of the current billing cycle to avoid being charged for the next billing period. No refunds will be made for monthly recurring charges. Any remaining credit for annual payments will be refunded, upon Client’s request. Xirsys reserves the right to immediately collect any charges associated with the account that have not been satisfactorily paid, by charging Client’s on-file credit card.
5.1 Uptime target. Xirsys Services target 99.95% monthly uptime for paid accounts. “Unavailability” is defined as repeated failed attempts to establish a TURN/STUN session (e.g., API HTTP 5xx), excluding planned maintenance, client-side issues, third-party failures outside Xirsys’ control, or force majeure.
5.2 Credits. If Client experiences Unavailability below the target, Client may request a credit within two (2) business days after the end of the Unavailability via email; validated claims are credited as a percentage of monthly fees. Credits are calculated as three percent (3%) of Client’s monthly plan fee for each additional thirty (30) minutes of Unavailability beyond the uptime target, up to one hundred percent (100%) of Client’s monthly fees for the affected month. This credit is the sole and exclusive remedy for Xirsys Unavailability. Client is not entitled to a credit if Client is in breach of any term of this Agreement (including payment obligations to Xirsys) or any other agreement Client has made with Xirsys. Xirsys uptime target and credits do not apply to free accounts.
5.3 Maintenance. Xirsys reserves the right to temporarily suspend Services for the purposes of maintaining, repairing, or upgrading its systems and network. Xirsys will use best efforts to notify Client of pending maintenance, however, Xirsys is at no time under any obligation to inform Client of such maintenance.
6.1 Roles & scope. Xirsys acts as Processor only for Client Personal Data (e.g., account, contact, billing, and support data). For Service Traffic, including transient IP addresses, Xirsys acts solely as a conduit and not as a Processor, in accordance with the DPA referenced. For international transfers, see the SCC Addendum.
6.2 No content storage. Xirsys does not store Service Traffic content. Xirsys stores Metrics Data associated with Client’s account.
6.3 Privacy Policy. Processing of Client Personal Data is described in the Privacy Policy referenced.
6.4 Content responsibility and Regulation. Client is solely responsible for prescreening, monitoring, and controlling all content distributed through its applications. Xirsys reserves the right to require removal of any content that is obscene, harassing, abusive, offensive, defamatory, infringes on any patent, trademark, copyright, trade secret or any other legal rights of any person or business, or is otherwise unlawful. Xirsys reserves the right to refuse Service to anyone, in its sole discretion. To protect itself, Xirsys may without liability, actively cooperate with and furnish identifying and supporting information to any person likely to be harmed by Client’s violation of these provisions and to any law enforcement agency serving a warrant or subpoena on Xirsys. Xirsys will be the sole arbiter as to what constitutes a violation of this provision. Client agrees to indemnify, defend and hold harmless Xirsys from any claim(s) arising out of Client’s violation of these provisions.
Xirsys may use sub-processors (e.g., cloud hosting, support, payments) in order to provide Services. Xirsys remains responsible for sub-processors’ performance in accordance with the DPA referenced and will maintain an updated list upon request.
If Client’s account exceeds their specified monthly bandwidth limit, Client is subject to an extra monthly fee per gigabyte of bandwidth transfer that exceeds their monthly limit. Rates for excessive bandwidth are posted on Xirsys’ website and correspond to the plan Client is subscribed to. Xirsys may change these rates at any time in their sole discretion by posting the new rates on the Xirsys website. Client will be notified via email of any excessive bandwidth usage and the related fees. Xirsys will charge these fees to Client’s on-file credit card. Client may upgrade the account to cover the additional usage before the fee is charged and Xirsys will reevaluate the excess fees, based on Client’s new account settings.
Xirsys exclusively owns and retains all rights, title and interest in and to the Services, software, and documentation. Client retains all rights, title and interest in its applications and content. Neither party gains rights to the other’s trademarks unless otherwise agreed to in writing.
Network and system security violations are prohibited by Xirsys. Client will not probe, scan, or test Xirsys’ systems (including rate-limit evasion, DDoS, traffic floods) or use the Services in a manner that degrades or harms the network. Client may not attempt to ascertain vulnerabilities, gain unauthorized access to data, servers, or accounts, or interfere with or disrupt network services. Xirsys reserves the right to pursue criminal and/or civil charges and/or work in conjunction with legal authorities in relation to any such violation. Xirsys may suspend or throttle Client accounts impacting stability or security of Services.
Each party agrees that during the term of this Agreement and at all times thereafter it shall not use, commercialize or disclose the other party’s confidential and proprietary information, including without limitation technical information and development techniques, business and financial information, visitor and/or customer lists and other information designated by a party as confidential or proprietary ("Confidential Information"), except in performing its obligations under this Agreement. Each party will protect the other party’s Confidential Information with the same degree of care as it uses in safeguarding its own Confidential Information. Xirsys considers certain architecture and configurations to be trade secrets. Client agrees not to reverse engineer, decompile, or otherwise attempt to derive the internal configurations of the Services. Violation of this obligation may subject Client to liquidated damages in an amount not less than $10,000 USD, in addition to any other legal remedies available to Xirsys.
The parties acknowledge that violation by one party of any or all of the provisions of Section 11, above, would cause irreparable harm to the other party not adequately compensable by monetary damages. In the event of an actual or threatened violation of Section 11, the non-violating party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each party will promptly notify the other in writing if it becomes aware of any violations of Section 11.
Xirsys makes no warranties of any kind, whether expressed or implied, for the Service it is providing. Xirsys also disclaims any warranty, express or implied, of merchantability or fitness for a particular purpose. Xirsys will not be responsible for any damage suffered. This includes loss of data resulting from delays, non deliveries, mis-deliveries, or Service interruptions caused by Xirsys’ negligence or the subscriber’s errors or omissions. Use of any information obtained via Xirsys is at Client’s own risk. Xirsys specifically denies any responsibility for the accuracy or quality of information obtained through its Services.
The following provisions are material conditions of this Agreement and reflect a fair allocation of risk: (a) Remedies. Client agrees that if Xirsys violates any warranty or other provision of this Agreement and Xirsys in its sole discretion determines that repair or other corrective action is not economically or technically feasible, Client’s sole and exclusive remedy will be to seek a refund of up to the amount paid by Client to Xirsys for Services rendered hereunder during the previous one (1) month. (b) Liabilities. XIRSYS IS NOT LIABLE FOR ANY AMOUNT EXCEEDING THE PRICE PAID BY CLIENT FOR SERVICES HEREUNDER DURING THE ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO ANY CLAIM. IN NO EVENT SHALL XIRSYS BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEY FEES) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.
Xirsys is excused from, and will not be liable for, any failure or delay in performance of responsibilities otherwise imposed by this Agreement including, but not limited to, any delay, outages or interruptions of the Services, for any cause beyond its reasonable control. Such causes shall include without limitation fires, floods, storms, earthquakes, civil disturbances, acts of God, acts of terrorism, disruption of telecommunications, transportation, utilities or necessary supplies, governmental action, computer viruses and incompatible or defective equipment, software or services not supplied by Xirsys, or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
Client will comply with applicable export control and sanctions laws (U.S., EU, UK). Client agrees not to export or re-export (including by way of electronic transmission) any data or technology derived from its audio and/or video stream without first obtaining any required export license or governmental approval. Xirsys may suspend Services to comply with such laws.
The parties to this Agreement agree that any dispute which may arise with respect to this Agreement, without limitation, will be resolved pursuant to the law of the State of California. The forum for venue for the judicial or alternate dispute resolution of such dispute shall be proper only within the County of Los Angeles, California. The parties hereto consent to the jurisdiction of the courts of the State of California for purposes of enforcing the arbitration provision and proceedings and further consent that any process of notice of motion or other application to the Court or the judge thereof may be served upon the parties by certified or registered mail, return receipt requested.
Client agrees to first attempt to resolve any dispute or claim arising against Xirsys by emailing support@xirsys.com. If the parties cannot resolve the dispute through means of customer support, both parties agree to resolve any dispute arising under this Agreement, or Privacy Notices, or in relation to Services by binding arbitration in Los Angeles, California, or in another location both parties have agreed to. This applies to all claims under any legal theory, and applies whether Client’s account is active or not. If the parties have a dispute about whether this agreement to arbitrate can be enforced or applies to any dispute, both parties agree the arbitrator will decide that as well.
Prior to filing any arbitration, both parties jointly agree to seek to resolve any dispute by mediation conducted by the American Arbitration Association (AAA), with all mediator fees and expenses paid equally by the parties. If mediation is not successful, either party may initiate an arbitration proceeding with AAA. AAA’s rules and procedures are available on their website http://www.adr.org or by phone at 1-800-778-7879. The arbitration will be governed by the then-current version of AAA’s Commercial Arbitration Rules (the "Rules") and will be held with a single arbitrator appointed in accordance with the Rules. To the extent anything described in this Arbitration Section conflicts with the Rules, the language of this Arbitration Section applies.
Each party will be entitled to a copy of non-privileged relevant documents in the possession or control of the other party and to take a reasonable number of depositions. All such discovery will be in accordance with procedures approved by the arbitrator. This Arbitration Section does not alter in any way the statute of limitations that would apply to any claims or counterclaims asserted by either party. The arbitrator’s award will be based on the evidence admitted and the substantive law of the State of California and the United States, as applicable, and will contain an award for each issue and counterclaim. The award will provide in writing the factual findings and legal reasoning for such award. The arbitrator will not be entitled to modify this Agreement. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding on the parties. Judgment may be entered in any court of competent jurisdiction.
This Agreement shall begin when Client registers an account and continues until Client’s account is canceled or terminated, with the exception of Sections 3, 4, 6, 10, 11, 12, 13, 14, 16, 18, 19 and 22 which will survive upon termination of this Agreement. Xirsys may suspend or terminate Client’s account for a.) violation of this Agreement, b.) non-payment, c.) legal compliance, or d.) network harm, including if Client’s Service traffic or use of Services is fraudulent or negatively impacting the operating capability of Services. If Client’s Services are suspended, Xirsys will make a reasonable attempt to notify Client.
All legal notices must be sent to: Legal, Xirsys, LLC, 25350 Magic Mountain Parkway, Suite 300, Santa Clarita, CA 91355, or legal@xirsys.com. Xirsys may provide operational notices to Client via dashboard or email.
Xirsys reserves the right to make changes or updates to this Agreement from time to time by posting such updates to the Agreement on the Xirsys website. Continued use of the Services after the effective date of the updates constitutes acceptance. Any material changes will not apply retroactively to disputes already in progress as of the effective date of the change.
This is the entire Agreement between the parties. This Service Agreement supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. This Agreement may be modified or amended only by a writing signed by the party against whom enforcement is sought. Any provision hereof found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Headings are for reference purposes only and have no substantive effect. Each party is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Xirsys failure to enforce at any time any provision of this Agreement does not waive Xirsys’ rights to do so later. Use of Xirsys’ Services constitutes acceptance of this Agreement. All other terms shall be negotiated in good faith.
Last Updated: September 16, 2025