Terms of Service
The terms, in plain English.
These terms apply when you use xlnc.co or our services. By using them, you agree to these terms. Effective date: September 28, 2026.
Who these terms are with.
"We" means XLNC, LLC, a New Hampshire limited liability company. "You" means the person using the site or services, and the organization you act for. If you accept for an organization, you confirm you may bind it. You must be at least 18.
Paid or early-access work is also covered by an order, statement of work, or other signed agreement. If that agreement and these terms conflict, the signed agreement wins.
Our services, and their stage.
We offer measurement and evaluation of AI systems: hosted measurement, a self-hosted container, the Design-Partner Readout, custom measurement work, and Updates, which is in development. Each is offered as early access. Our results are early evidence and not yet certified, and features may change, pause, or end. We will tell active customers before a change that affects their work.
Using the site and services fairly.
You agree not to:
- break the law, or help anyone else do so;
- send us data you have no right to share, or personal data without a lawful basis and any notice the law requires;
- probe, overload, or attack our systems, or get around limits or security;
- copy, resell, or reverse engineer the hosted service, except as an open-source license or the law allows;
- use our results to discriminate unlawfully against anyone;
- present our results as a certification, endorsement, or approval by us or by any public body.
We may suspend access that breaks these rules or puts others at risk. Where we reasonably can, we will warn you first.
Your data stays yours.
You own the data, traces, and outputs you send us, and the results we produce from them for you. You give us permission to use that data only to deliver and support the services you asked for, and, from general availability of our hosted service and unless it is off for your account, to add numbers from your results to anonymous benchmark statistics as our Data Processing Agreement describes. Benchmark Contribution is not running today. We do not sell your data, we do not use it to train models, and we never give your data or results to another customer. For personal data in it, we act as your processor under our Data Processing Agreement, which forms part of your contract. Our Privacy Policy explains how we protect data and how long we keep it. Our hosted service is in early access. During early access, your order sets how results are delivered, and we keep your data only for the engagement. At general availability, results from our hosted service can be fetched for 72 hours after they are ready, or until your system confirms receipt, whichever is sooner, and after that we hold only a receipt with no content. Always store your own copy. Our self-hosted container runs in your environment, and we process none of its data.
If you send us ideas or feedback, we may use them freely, with no duty to you.
Our work, and open-source parts.
We own the site, our methods, item banks, scales, software, reports, and the whitepaper, and all rights in them, except the results we produce for you. You may read, share, and cite our public pages and whitepaper with credit. Nothing else is licensed to you unless a written agreement says so.
Analytic Insight reports (if we provide one to you): you may use them internally and cite them with credit. You must not try to identify any customer, person, or private model from them, or combine them with other data for that purpose.
Parts of our software will be released as open source under the Apache License 2.0. For those parts, that license governs, and it controls over these terms for that code.
How to read a measurement result.
Please read this section with care.
- Our results are estimates, not certainties. Each one comes with an error bar and a date, and a new reading can differ.
- Our results are early evidence and not yet certified unless a result says otherwise.
- Language models used as judges are made by other companies. They can change or fail without notice, and we do not control them.
- Do not use our results as the sole basis for any decision about a person's employment, pay, promotion, education, credit, housing, insurance, or access to services. A qualified person should review every such decision.
- Our services measure AI systems. They are not designed or offered to make, or to be a main factor in, decisions about individual people.
- If you use our results in hiring, promotion, or another high-stakes decision anyway, you take on the legal duties of that use, such as the US Uniform Guidelines on Employee Selection Procedures and adverse impact monitoring, New York City's bias audit law for automated employment decision tools, the Colorado AI Act, and the EU AI Act's rules for high-risk systems.
- Our results and pages are not legal, financial, or employment advice.
Fees.
Fees, if any, are set in your order. Prices on this site are proposals until an order confirms them. Unless your order says otherwise, fees are due within 30 days of invoice and exclude taxes.
No warranties.
We work with care and will do what your signed agreement promises. Beyond that, and to the extent the law allows, the site and services are provided as they are and as available, without other warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted service.
Limits on liability.
To the extent the law allows:
- neither side is liable to the other for indirect, incidental, special, or consequential losses, or for lost profits, revenue, or data;
- our total liability for any claim about the site or services is limited to the greater of the amount you paid us for the services in the 12 months before the claim, or US$100.
These limits do not apply to liability that cannot be limited by law, such as for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence, and they do not reduce any rights you have as a consumer under the law of your country.
Ending use.
You may stop using the site or services at any time. We may end or suspend access for a serious breach of these terms. We keep customer data only as long as the work needs, as our Data Processing Agreement says, and delete or return anything left when you stop. Sections on data, ownership, results, warranties, and liability continue after the end.
Law, disputes, and changes.
These terms are governed by the laws of the State of New Hampshire, USA, without regard to its conflict-of-law rules. Disputes go to the state or federal courts in New Hampshire, unless your local consumer law gives you another right. We will always try to settle a problem by talking first.
You agree to follow export control and sanctions laws that apply to your use.
We may update these terms. We will post the change here with a new date, and give active customers at least 30 days' notice of a material change. Continued use after that means you accept the change. If a court finds part of these terms unenforceable, the rest still applies.
Contact.
XLNC, LLC. Email matt@xlnc.co. Mailing address: 12 Exchange St, Gorham, NH 03581, USA.