Terms of Service

1. Agreement and acceptance

In these Terms, “Vayfora,” “we,” “us,” and “our” mean XPO8 Limited. “You” means the person using the Service and, where that person acts for a company or other organization, that organization; both are bound jointly and severally.

You accept these Terms when you create an account, submit a website for scanning, complete a checkout, or otherwise use the Service, whichever happens first. If you do not accept them, you must not use the Service.

Where documents conflict, the following order controls, and only to the extent of the direct conflict: (a) a signed written agreement between you and XPO8 Limited; (b) the terms presented to you at checkout for the specific purchase; (c) these Terms; (d) our Privacy Policy, which controls how personal data is handled; and (e) any other documentation, guide, or marketing material, which is descriptive only and does not create obligations.

2. Definitions

“Service” means the Vayfora websites, scan, reports, migration workflow, generated or converted website files, previews, managed hosting, forms, analytics, monitoring, dashboard, billing, support, and related features. “Source Website” means the website you ask us to scan or migrate. “Migrated Website” means the version produced or hosted through the Service. “Preview” means the pre-launch version of a Migrated Website we make available for your review. “Output” means reports, estimates, detected issues, generated code, previews, analytics, and other results from the Service. “User Content” means content, data, instructions, communications, domain information, and other material you or a person using your website provides through the Service. “Platform Materials” means the software, infrastructure, tooling, templates, scan and migration engines, quality checks, designs, documentation, and know-how we use to provide the Service.

3. Eligibility and authority

You must be at least 18 and able to form a binding contract. If you use the Service for an organization or a website owner, you represent and warrant that you are authorized to bind it and to take every action you request through the Service. You may not use the Service if applicable law prohibits you from doing so, if you are subject to sanctions or located in a sanctioned territory, or if we have previously suspended or terminated you for misuse.

4. What Vayfora provides

Vayfora evaluates eligible public websites, prepares migration and savings reports, reproduces supported sites, performs automated and human-reviewable quality checks, creates a Preview, and provides managed static hosting. Hosting may include a global content-delivery network, SSL, converted simple forms, traffic analytics, and uptime monitoring. You review the Preview before directing your domain to the Migrated Website.

The Service is software and managed hosting, and nothing more. We are not your registrar, web-design agency, legal adviser, accessibility auditor, tax adviser, advertising agency, data backup service, or the provider of the Source Website. Unless separately agreed in writing, the Service does not include an editor, a content-management system, content writing, ongoing design work, continuous synchronization with the Source Website, a search-ranking outcome, or management of your registrar account. No statement made in marketing material, a report, a sales conversation, or support correspondence adds a feature, commitment, or service level to these Terms.

5. Website eligibility and scan results

The Service is intended for public brochure, portfolio, informational, and similar websites whose visible experience can be reproduced as static files. Simple forms and supported media embeds may be converted. Stores, memberships, account areas, private content, databases, complex booking systems, and other applications that depend on an unsupported backend are outside the Service unless we agree otherwise in writing. We decide, acting reasonably, whether a Source Website is eligible, and we may determine at any point in the workflow that it is not.

A free scan is an estimate based on public information available when it runs. It may not find every page, asset, dependency, integration, accessibility issue, legal issue, or source-hosting cost. Eligibility, page count, projected savings, performance, and compatibility results are informational only, may change after deeper migration work, and are not a quote, a warranty, or a commitment to migrate. A scan is not a security, legal, accessibility, or compliance audit, and you must not rely on it as one.

6. Your authority and responsibilities

You represent and warrant, on each occasion you use the Service, that you own the Source Website or hold all permissions needed to ask us to access, reproduce, modify, migrate, host, and display it. This includes its text, code, images, fonts, media, trademarks, databases or feeds exposed publicly, and other materials. You are responsible for the accuracy of your ownership authorization and for any third-party licenses, attribution, consent, or notices the website requires.

You remain responsible for User Content, your business, your website’s accuracy and legality, consumer disclosures, accessibility obligations, privacy notices and consent, cookie controls where required, products and services advertised, intellectual-property permissions, and responses to website visitors. Where visitor information is collected through a website we host for you, you are the party that decides why and how it is collected, as described in our Privacy Policy.

You must review the Preview before the Migrated Website goes live and tell us promptly about material errors you find. Keep the Source Website and its hosting available until the migration has passed review and your domain is successfully connected. You are responsible for access to your registrar and DNS account, renewing your domain, and making the DNS changes we provide. Your domain remains with your registrar, and we never take ownership of it.

7. License you grant us

You retain ownership of User Content and any rights you have in the Source Website. You grant XPO8 Limited a worldwide, non-exclusive, royalty-free, sublicensable license to access, crawl, download, copy, store, modify, convert, test, transmit, display, and host User Content as reasonably needed to evaluate the Source Website, provide and secure the Service, create backups and recovery material, resolve support issues, and enforce these Terms. The license ends when it is no longer needed for those purposes, subject to legal retention and backup cycles. The sublicense right extends only to the providers we use to deliver the Service.

If User Content includes another person’s information or work, you represent and warrant that you have a lawful basis and all permissions needed to provide it and to allow this processing. We may remove, restrict, or refuse to process material that we reasonably believe is unlawful, infringing, unsafe, misleading, or unauthorized, without liability to you.

8. Accounts and security

You must provide accurate account and billing information, keep it current, protect your credentials and email account, and notify us promptly of suspected unauthorized access. You are responsible for all activity through your account, except to the extent it is caused by our breach of these Terms or by conduct for which we are liable under applicable law. We may require verification or additional security checks before allowing sensitive account, billing, refund, domain, or hosting actions, and we may decline an action we cannot verify.

9. Migration, previews, domains, and go-live

Payment starts the migration workflow. Automated conversion, browser testing, and AI-assisted repair may produce incomplete or incorrect results. We use quality checks and may place a migration into review, but you are the final reviewer of the Preview, and your decision to connect your domain is your confirmation that the Migrated Website is acceptable to you. Your Source Website remains on its existing host until you change the domain. DNS propagation, registrar controls, certificate validation, and third-party outages can delay launch even after the Preview is ready, and we are not responsible for those delays.

The Migrated Website may differ internally from the Source Website while preserving the supported visible experience. Unsupported dynamic features may be removed, replaced, or flagged for review. Changes made to the Source Website after our scan are not copied to the Migrated Website. We give no commitment as to when a migration will complete.

Any subdomain we allocate to you on a Vayfora domain is licensed to you for the term of your subscription and remains our property. We may reclaim, rename, or reassign it when your subscription ends or where it is required for security, legal, or abuse reasons.

10. Forms, analytics, and traffic measurement

Supported forms may be converted to Vayfora-managed forms. Submissions are shown in your dashboard and notifications are sent to the recipient you configure. You are responsible for giving visitors an appropriate privacy notice, obtaining consent where required, responding to submissions, and avoiding requests for unnecessary sensitive information. Spam filtering and rate limits reduce abuse but cannot prevent every unwanted, malicious, or lost submission, and form delivery is not guaranteed. Form submissions are retained for the period stated in our Privacy Policy and are not an archive; export anything you need to keep.

Traffic analytics and uptime figures are measurements from our systems, not audited statistics or a service-level guarantee. Analytics may be delayed, incomplete, or differ from another provider because measurement methods vary. Our server-side pageview ledger is the sole authoritative record for plan allowances and traffic-based billing, and it prevails over any other analytics source in the event of a discrepancy.

11. Plans and pricing

Each website requires its own subscription unless signed written order terms say otherwise. Prices are in US dollars and are based on the billing interval, monthly pageview allowance, and site size shown at checkout. Monthly plans currently cover up to 3,000, 10,000, 30,000, or 100,000 pageviews. The first 500 assessed pages are included. Each additional started block of up to 500 assessed pages carries a large-site add-on of US$4.99 per month, or US$59.88 per year, shown at checkout. Annual base-plan prices are billed in advance and may reflect the discount displayed when you subscribe. Taxes and the total payable are shown at checkout where supported. The price and plan presented to you at checkout is the price and plan that applies.

12. Introductory offer

New customers can subscribe their first website on a monthly plan for US$1.00 per month for the first 3 monthly billing periods, before applicable taxes. We charge that amount immediately and at the next 2 monthly renewals. The large-site add-on is included during those periods. From payment 4, the subscription renews at the then-selected plan’s regular monthly price, plus all applicable large-site page-block add-ons, as disclosed at checkout and in your dashboard.

The offer is available once per customer and excludes existing customers and annual billing. Eligibility is used up when it is first applied at checkout, and it does not restart after cancellation, a refund, a failed or retried payment, an upgrade, another website, or another migration. Annual billing can be selected after the introductory offer ends. You can cancel before any renewal.

13. Plan allowances and automatic upgrades

We measure pageviews by calendar month in UTC using the ledger described in Section 10. If traffic exceeds the current allowance, we may move the website to the appropriate higher published plan and immediately charge or invoice the prorated difference. You authorize that charge when you subscribe. During the introductory offer, manual and automatic plan upgrades preserve the introductory price without an additional prorated charge; the higher tier’s regular price applies when the offer ends.

Plans only move up. Once a website moves to a higher tier, it stays on that tier and is not downgraded. We may notify you as usage approaches a limit, but delayed or missing notice does not prevent an upgrade you have authorized and is not a defense to the charge. We do not impose per-pageview overage charges. If traffic exceeds 100,000 monthly pageviews, the website will remain online while we contact you to agree suitable usage-based pricing; if no agreement is reached within 30 days of our first request, we may restrict, rate-limit, or suspend the website on reasonable notice.

We may change prices or plan limits prospectively. Changes to an active subscription apply as stated in our notice or at a later renewal, except a traffic-based upgrade under the terms you have already accepted.

14. Billing, taxes, and payment disputes

Subscriptions renew automatically for the interval you select until cancelled. You authorize us and Stripe to charge your payment method for the subscription, each renewal, taxes, the large-site add-on, and any plan upgrade under Section 13, and you must keep a valid payment method on file for as long as the subscription is active.

Amounts are exclusive of taxes unless stated otherwise. You are responsible for all sales, use, value-added, goods and services, withholding, and similar taxes and duties, other than taxes on our net income. If you must withhold an amount by law, you will increase the payment so that we receive the full amount invoiced. All amounts are payable without set-off, counterclaim, deduction, or withholding.

If you believe an amount is incorrect, contact us at contact@xpo8.com within 60 days of the charge so we can review it; after that period the charge is treated as accepted, except where applicable law provides otherwise. Raising a chargeback or payment dispute without first contacting us is a breach of these Terms, and we may suspend the account, recover the disputed amount and any associated fees, and terminate the Service. Payment failure, a chargeback, or an expired payment method may cause the account or hosting to be restricted or suspended after reasonable attempts to resolve it.

15. Cancellation and renewal

You may cancel through your Vayfora dashboard. Cancellation stops the next renewal and takes effect at the end of the paid subscription period; hosting continues until then. Except where law requires otherwise, where Section 16 applies, or where we expressly agree in writing, cancellation does not refund charges already paid or time already used, and no partial-period credit is given.

16. Migration refund

If we are unable to successfully migrate an eligible website, you may request a refund of the amount actually paid for that website’s initial subscription payment. During the introductory offer, that is the introductory amount actually charged, not the regular plan price. To claim, contact us at contact@xpo8.com within 30 days of that payment, identifying the website. We will assess the claim in good faith, and we may first attempt to repair or re-run the migration within a reasonable period.

The refund is not available where the Migrated Website passed our quality checks and has been serving your domain, unless it contains a material defect we are unable to remedy within a reasonable period; where the failure is caused by your breach of these Terms, your lack of authority over the Source Website, or your failure to provide access or information we reasonably request; or where you simply change your mind. A completed refund cancels the subscription, ends the related hosting, and does not restore introductory-offer eligibility.

This refund is your sole and exclusive remedy, and our entire liability, for a failed or unsatisfactory migration. It does not limit any right you have under applicable law that cannot lawfully be excluded.

17. Acceptable use

You must not use the Service to:

• copy or migrate a website without authority, infringe rights, break the law, deceive visitors, or distribute unlawful, abusive, or harmful material;
• upload malicious code, conduct phishing or spam, collect data unlawfully, or request unnecessary sensitive information;
• probe, scan, stress-test, bypass, disrupt, or gain unauthorized access to the Service or another customer’s account or data;
• defeat rate limits, traffic measurement, plan limits, payment controls, security controls, or restrictions on unsupported features;
• scrape, mirror, resell, sublicense, reverse engineer, decompile, or use the Service, Platform Materials, or non-public Output to build or assist a competing service, except where applicable law gives you a non-waivable right;
• use automated activity that creates unreasonable load or materially degrades the Service for others; or
• breach export-control, sanctions, or anti-corruption laws, or make the Service available to a person or territory subject to sanctions.

We may investigate suspected breaches and remove or disable material or access without prior notice where necessary. You will cooperate reasonably with an investigation that concerns your account or website.

18. Copyright and content complaints

If you believe material we host infringes your rights, send a notice to contact@xpo8.com identifying yourself, the material and its location, the right you rely on, and a statement that your complaint is made in good faith and is accurate. We may remove or disable access to material we reasonably believe is infringing or otherwise unlawful, notify the affected customer, accept a counter-notice, and terminate repeat infringers. Submitting a notice or counter-notice that you know to be false may expose you to liability.

19. Intellectual property and feedback

The Service, the Vayfora name, logo, and brand, and all Platform Materials are owned by XPO8 Limited or its licensors, and all rights not expressly granted are reserved. These Terms give you only a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Service while your account and subscription are in good standing. They transfer no intellectual property to you. Your ownership of User Content and your rights in the Source Website are unaffected, but the underlying platform, tooling, and infrastructure that render and serve a Migrated Website remain ours.

If you provide suggestions, bug reports, or other feedback, you assign to us all rights in it and allow us to use it without restriction, attribution, or compensation. We will continue to handle personal data contained in feedback under our Privacy Policy.

20. Confidentiality

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential, including our pricing for non-public arrangements, security details, and unreleased features. The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and disclose it only to personnel and providers who need it and are bound by similar obligations. These duties do not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or is lawfully received from a third party, and they do not prevent a disclosure required by law or a regulator, provided reasonable notice is given where lawful. This section survives for three years after the Service ends, and indefinitely for trade secrets.

21. Third-party services

The Service depends on third parties for matters such as source website acquisition, cloud infrastructure, storage, content delivery, DNS and SSL, authentication, payments, email, analytics, and AI-assisted migration. Their availability, security, terms, prices, APIs, geographic coverage, or technical requirements may change and affect the Service, and we may substitute a provider at any time. We are not responsible or liable for independent websites or services we do not control, including any act, omission, outage, or data handling by them. You must comply with third-party terms that apply to services you choose to connect or use.

22. Service changes, beta features, and availability

We may add, change, suspend, or remove features as the Service evolves. Features identified as beta, preview, early access, or free are provided as-is, may change or be withdrawn at any time without notice, and carry no warranty, support commitment, or liability beyond the minimum applicable law requires.

The Service may be interrupted by maintenance, deployments, provider incidents, network or DNS failures, security events, legal restrictions, or circumstances outside our reasonable control. Unless a signed written agreement says otherwise, we do not promise any minimum uptime, support response time, recovery time, recovery point, migration completion date, or search-engine ranking, and no such commitment can be implied from past performance or from figures shown in the dashboard.

23. Suspension, termination, and data afterwards

We may suspend, restrict, or terminate the Service if we reasonably believe you have breached these Terms, lack authority over a Source Website, failed to pay, created legal or security risk, infringed rights, abused the Service, or could harm another person, customer, provider, or XPO8 Limited. Where practical we will give notice and an opportunity to resolve the issue, but we may act immediately where necessary for security, law, or urgent harm prevention. We may also terminate for convenience on 30 days’ notice, in which case we will refund the unused portion of any prepaid subscription period for the affected website. You may terminate at any time under Section 15.

When the Service ends, your right to use it ends, and we may remove the production domain mapping and stop serving the Migrated Website. Accrued amounts remain payable. You are responsible for moving your domain and preserving anything you need before service ends; backups exist for service recovery, not guaranteed export or archival storage. We may permanently delete website files, form submissions, and related content 30 days after termination, except where our Privacy Policy, a legal hold, or applicable law requires longer retention.

Sections 2, 6, 7 (as to material already processed), 10 (as to the authoritative ledger), 14, 16, 19, 20, 24, 25, 26, 28, 29, and 30, and any other term that by its nature should survive, continue to apply after termination.

24. Disclaimers

To the maximum extent permitted by law, the Service and Output are provided “as is” and “as available.” XPO8 Limited disclaims all warranties, representations, conditions, and guarantees not expressly stated in these Terms, whether express, implied, statutory, or arising from a course of dealing or trade usage, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, quiet enjoyment, uninterrupted availability, and error-free operation.

We do not warrant that every Source Website can be migrated, that every element or third-party integration will work, that a Migrated Website will be identical in every implementation detail, that analytics or estimates will be complete or accurate, that the Service will be secure or free of harmful components, or that every defect will be corrected. You are responsible for determining whether the Service is suitable for your purposes. Nothing in this section excludes a promise expressly made in these Terms, including the migration refund in Section 16, or a right that cannot lawfully be excluded.

25. Limitation of liability

To the maximum extent permitted by law, XPO8 Limited and its directors, officers, employees, contractors, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profit, revenue, goodwill, data, content, business opportunity, or anticipated savings; the cost of substitute services; or loss arising from your failure to retain the Source Website, renew a domain, review a Preview, preserve records, export data, or maintain required third-party access.

To the maximum extent permitted by law, our total aggregate liability for all claims relating to the Service, taken together and not per claim, will not exceed the greater of the fees you paid us for the affected website in the 12 months before the first event giving rise to liability and US$100. These limits apply regardless of the legal theory, apply to every claim arising from the same or connected facts as a single claim, and apply even if a remedy fails its essential purpose. You agree that these limitations are a fundamental basis of the bargain and that our pricing reflects them.

Unless applicable law provides otherwise, you must bring any claim relating to the Service within 12 months after the claim first arose, and a claim brought later is permanently barred. Nothing in these Terms limits liability that cannot lawfully be limited, including liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or a non-waivable consumer right.

26. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless XPO8 Limited and its directors, officers, employees, contractors, affiliates, licensors, and service providers from third-party claims, losses, liabilities, damages, penalties, fines, costs, and reasonable legal fees arising from your User Content, your lack of authority over a Source Website, your unlawful or infringing use of the Service, your breach of these Terms, or your violation of another person’s rights. We will notify you of a claim without undue delay, and you will cooperate reasonably with the defense. We may assume control of the defense at our expense, in which case you remain responsible for indemnified amounts. Neither party will settle a claim in a way that imposes a non-financial obligation or admission on the other without that party’s consent, which will not be unreasonably withheld.

27. Force majeure

We are not responsible for delay or failure caused by events outside our reasonable control, including natural disasters, war, civil unrest, government action, labour disputes, internet, cloud, DNS, registrar, telecommunications, payment-network, or utility failures, upstream blocking, cyberattacks, epidemics, or security emergencies. If such an event continues for more than 30 days, either party may terminate the affected subscription on notice, and we will refund the unused portion of any prepaid period.

28. Notices and changes to these Terms

You agree that we may send notices through the Service, by email to your account address, or by posting them on our website, and that a notice is deemed received when sent or posted. Keep your email address current. Operational, billing, security, and legal notices may be sent even if you opt out of marketing. Notices to us must be sent to contact@xpo8.com and are effective on receipt.

We may update these Terms to reflect changes in the Service, providers, operations, prices, or law. If a change is material, we will give reasonable notice before it takes effect. Updated Terms apply from the stated effective date. If you do not agree, you must stop using the Service and cancel before that date; continued use after it means you accept the updated Terms to the extent permitted by law. Changes do not apply retroactively to a dispute that arose before the effective date.

29. Governing law and disputes

These Terms and any dispute arising out of or in connection with them or the Service, including non-contractual disputes, are governed by the laws of Hong Kong, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The courts of Hong Kong have exclusive jurisdiction, and each party submits to that jurisdiction and waives any objection based on venue or forum.

Before starting formal proceedings, each party will make a reasonable good-faith effort to resolve the dispute by written notice and discussion for at least 30 days. Either party may seek urgent injunctive or equitable relief at any time. Disputes will be resolved individually; to the extent permitted by law, neither party will bring a claim as a class or representative action. Nothing in this section limits a mandatory consumer or regulatory right, or a right to bring proceedings in a court that applicable law reserves to you.

30. General terms

These Terms, our Privacy Policy, the terms presented at checkout, and any signed written order terms are the entire agreement between you and XPO8 Limited for the Service, and they replace all earlier proposals, representations, and understandings about it. You confirm that you are not relying on any statement outside them, except that nothing excludes liability for fraudulent misrepresentation.

If a provision is invalid or unenforceable, it will be modified only as much as necessary to be enforceable, or severed if it cannot be, and the remaining provisions stay effective. You may not assign these Terms or any rights under them without our written consent, and any attempt to do so is void; we may assign them as part of a merger, financing, restructuring, acquisition, or sale of the business. We may use subcontractors and providers to perform our obligations and remain responsible for their performance under these Terms. Nothing creates a partnership, joint venture, agency, or employment relationship. There are no third-party beneficiaries, except that the parties indemnified under Section 26 and protected under Section 25 may rely on those sections. A delay or failure to enforce is not a waiver, and a waiver must be in writing to be effective. Headings are for convenience only, and “including” means “including without limitation.” The English version controls unless applicable law requires otherwise.

31. Contact and legal notices

Send support questions, privacy requests, refund claims, and legal notices to contact@xpo8.com. For an account-specific request, include your account email and the relevant website or domain.