Operator: Xelora Pty Ltd (ACN 692 975 107, ABN 96 692 975 107), incorporated in Australia on 18 November 2025 Trading as: Xelora Website: https://xelora.host Contact: support@xelora.host Last updated: 2026-05-09
1. About these Terms
1.1 These Terms of Service (“Terms”) form a binding agreement between Xelora Pty Ltd ACN 692 975 107 (“Xelora”, “we”, “us”, “our”) and the person or entity that registers an account, accesses, or uses the Services (“you”, “Customer”).
1.2 By creating an account, ticking the acceptance box at signup, or using any part of the Services, you confirm that you have read, understood, and agree to be bound by these Terms, the Privacy Policy, the Acceptable Use Policy, the Refund and Cancellation Policy, the Australian Consumer Law Disclosures, and the Cookies Policy. Together these documents form the “Agreement”.
1.3 If you are accepting these Terms on behalf of an organisation, you warrant that you have authority to bind that organisation, and references to “you” include that organisation.
2. Defined terms
In this Agreement, unless the context requires otherwise:
- “ACL” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- “AI Builder” means the artificial-intelligence-assisted website generation feature of the Services, including any AI models, prompts, templates, and supporting tooling. The AI Builder and other AI features are marketed under the brand name Xelora AI.
- “AI Output” means text, code, images, layouts, or other material generated by the AI Builder in response to a Customer prompt.
- “Content” means any data, text, graphics, code, files, audio, or other material that the Customer uploads, submits, generates, or publishes through the Services, including AI Output that the Customer chooses to keep.
- “Customer Site” means a website hosted by Xelora on the Customer’s behalf.
- “Domain Services” means domain name registration, transfer, and renewal services.
- “Fees” means the fees and charges payable by the Customer for the Services as set out at https://xelora.host or in an applicable order.
- “Website Publishing Services” means the website hosting, SSL, DNS, deployment, and related publishing features included with Xelora website-builder plans.
- “Services” means the Website Publishing Services, Domain Services, AI Builder, and any related services made available by Xelora.
3. Eligibility and accounts
3.1 You must be at least 18 years old (or the age of majority in your jurisdiction) and able to enter a binding contract.
3.2 You must provide accurate, current, and complete information at signup and keep it up to date. You are responsible for safeguarding your credentials and for all activity under your account.
3.3 We may refuse, suspend, or terminate accounts where we reasonably believe a registration is fraudulent, breaches the Agreement, or exposes Xelora or other customers to risk.
4. The Services
4.1 Website Publishing Services. Xelora provides website publishing, SSL, DNS, deployment, and related hosting capacity as part of website-builder plans, with resource allocations, availability commitments, and feature sets as described on the plan page or order form applicable to the plan you select. Customer data and websites are stored on infrastructure operated by Xelora in New South Wales, Australia.
4.2 Domain Services. Domain registration, transfer, and renewal are provided through accredited registrars. You agree to comply with the registry policies of the relevant TLD (e.g. auDA’s .au rules) and acknowledge that Xelora does not control the registry’s decisions.
4.3 AI Builder (Xelora AI). The AI Builder generates draft websites and components based on prompts you submit. You acknowledge that: (a) AI Output is generated using third-party AI model providers; details of those providers, what is sent to them, and applicable safeguards are disclosed in the Privacy Policy; (b) AI Output may be inaccurate, offensive, infringing, or otherwise unsuitable, and you must review, edit, and verify it before publication; (c) you remain responsible for the AI Output you choose to retain and publish, and for ensuring it complies with applicable law and the Acceptable Use Policy; and (d) we may scan AI Output and Content for safety, abuse, and policy compliance as described in the Privacy Policy and AUP.
4.4 Rebuild from URL (asset capture and processing). The AI Builder includes a feature that, at your direction, retrieves the publicly accessible content of a website you specify by URL (“Source Site”) — including HTML, text, images, fonts, videos, scripts, and other assets — and uses that material to generate a new website on the Services. By submitting a URL to this feature you represent and warrant to Xelora that:
(a) you are either the owner of the Source Site, or you have all necessary rights, licences, and consents (including from third-party copyright owners, trademark owners, photographers, designers, and licensors of stock or premium fonts/images/videos) to copy, process, modify, and republish the Source Site’s content via the Services; (b) the Source Site’s content does not infringe any third-party intellectual property right, right of publicity, right of privacy, trade-mark, moral right, or any contractual restriction (including a non-transferable licence that would prevent re-hosting under your account); (c) you have obtained any consents required to process personal information that may be embedded in the Source Site (for example, photographs of identifiable individuals, customer testimonials, employee bios); (d) you will not direct Xelora to retrieve content that is gated by login, paywall, robots.txt disallow, or any other access-control mechanism, except where you have explicit authorisation from the Source Site operator to bypass that mechanism; and (e) you will review the AI-generated output and remove any material you do not have rights to retain before the Customer Site is published.
Xelora performs no rights-clearance check on Source Site material. Xelora makes no representation that any retrieved asset is licensed for your use. Risk of infringement claims arising from rebuild-from-URL content rests entirely with you, and you indemnify Xelora under section 13 below for any such claim.
We may automatically refuse to retrieve, or remove from your project, any material we identify as obviously infringing, illegal, or in breach of the Acceptable Use Policy — for example, material we recognise as belonging to a third-party stock-photo library that has not been licensed to your account.
4.5 Modifications. We may add, modify, or discontinue features. We will use reasonable efforts to give advance notice of material adverse changes affecting paid plans.
5. Fees, billing, and Stripe
5.1 Currency and pricing. All Fees are quoted and charged in Australian Dollars (AUD) unless stated otherwise, and are inclusive of GST where applicable.
5.2 Payment processor. Billing is processed by Stripe Payments Australia Pty Ltd and its affiliates. By providing payment details you authorise Xelora and Stripe to charge the applicable Fees, including recurring subscription Fees, renewals, and one-off charges (such as domain registrations).
5.3 Subscriptions. Hosting and AI Builder subscriptions auto-renew on the billing cycle you selected (monthly, annual, or other) until cancelled. Cancellation takes effect at the end of the then-current billing period unless the Refund and Cancellation Policy provides otherwise.
5.4 Domain Fees. Domain registration and renewal Fees are generally non-refundable once the registry transaction has been submitted, save where the ACL or applicable law requires otherwise.
5.5 Failed payments. If a payment fails, we may retry the charge through the payment processor’s standard retry schedule. If an invoice remains unpaid for 3 days after its due date, the Services associated with that invoice may be suspended. Customer data is retained for 90 days after suspension, after which it may be deleted. See the Refund and Cancellation Policy for full details.
5.6 Taxes. You are responsible for any taxes, duties, or levies that apply to your use of the Services other than taxes on Xelora’s income.
6. Customer obligations and Acceptable Use
6.1 You must comply with the Acceptable Use Policy at all times. Breach of the AUP is a material breach of these Terms.
6.2 You are solely responsible for: (a) Content uploaded to or generated through the Services; (b) maintaining backups in addition to any backup feature Xelora offers; (c) the security of any third-party software you install (e.g. WordPress, plugins); and (d) the lawfulness of the websites you publish.
7. Suspension and termination
7.1 We may suspend or terminate the Services, in whole or in part, if: (a) you breach the Agreement and (where the breach is capable of remedy) fail to remedy it within 7 days of notice; (b) you fail to pay Fees when due (see clause 5.5); (c) we are required to do so by law or by a regulator; or (d) your use threatens the stability, security, or lawful operation of Xelora’s infrastructure or other customers.
7.2 You may terminate by cancelling your subscription via the customer dashboard or by contacting support@xelora.host. Refund consequences are governed by the Refund and Cancellation Policy.
7.3 On termination we may delete Customer data after the retention window described in the Privacy Policy. You are responsible for exporting Content before termination.
8. Intellectual property
8.1 Xelora and its licensors own all right, title, and interest in the Services, including the AI Builder software, templates, and documentation, but excluding Content and AI Output retained by the Customer.
8.2 The name “Xelora”, the Xelora logos, and the Xelora AI brand are trade marks of Xelora Pty Ltd. A trade mark application for the word mark “Xelora” is pending with IP Australia. You must not use these marks (including in domain names, social-media handles, app names, or hashtags) in a way that suggests endorsement, partnership, or affiliation with Xelora without our prior written consent. Nominative fair use (e.g. truthful comparative reviews) is permitted.
8.3 As between you and Xelora, you own the Content and the AI Output you choose to keep. You grant Xelora a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display, and process Content and AI Output to the extent necessary to provide and improve the Services and to comply with law.
8.4 Feedback you provide may be used by Xelora without restriction or compensation.
9. Service levels and availability
9.1 We aim to provide reasonable availability for paid Website Publishing Services. Specific uptime targets, if any, are set out on the plan page or order form. Planned maintenance windows will be notified where reasonably practicable.
9.2 The AI Builder depends on third-party model availability. We do not guarantee the continued availability of any specific model.
10. Privacy and data
Your privacy is governed by the Privacy Policy, which forms part of these Terms.
11. Australian Consumer Law
11.1 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the ACL that cannot lawfully be excluded.
11.2 Where Xelora is permitted to limit its liability for failure to comply with a non-major consumer guarantee for services, that liability is limited at our option to re-supplying the Services or paying the cost of having the Services re-supplied. See the ACL Disclosures.
12. Liability
12.1 Subject to clause 11 and to liability that cannot be excluded by law, Xelora’s aggregate liability arising out of or in connection with the Agreement (whether in contract, tort, statute or otherwise) is capped at the Fees paid by the Customer to Xelora in the 12 months preceding the event giving rise to the claim.
12.2 Subject to clause 11, neither party is liable for indirect, consequential, or special loss, including loss of profits, revenue, anticipated savings, goodwill, or data.
13. Indemnity
You indemnify Xelora, its officers, employees, and agents against losses, costs, and damages (including reasonable legal costs on a solicitor-and-own-client basis) arising from any claim, demand, action, or proceeding by a third party that arises out of or in connection with:
(a) your Content, AI Output, or any material you have directed Xelora to retrieve, process, or republish under the rebuild-from-URL feature (clause 4.4); (b) your breach of any representation or warranty in the Agreement, including the warranties in clause 4.4; (c) your infringement of any third-party intellectual property right, right of publicity, right of privacy, trade-mark, moral right, or contractual obligation; (d) your breach of the Acceptable Use Policy; or (e) your unlawful use of the Services.
This indemnity does not require Xelora to defend a claim in any particular way; we may, at our option, conduct the defence ourselves or require you to do so at your cost. This indemnity is in addition to any other rights Xelora has at law and survives termination of the Agreement.
14. Changes to the Terms
We may update these Terms from time to time. Material changes will be notified by email or in-product notice at least 14 days before they take effect. Continued use after the effective date constitutes acceptance.
15. Notices and disputes
15.1 Notices to Xelora must be sent to support@xelora.host or to the postal address listed at the top of these Terms.
15.2 Before commencing proceedings the parties will attempt to resolve disputes in good faith for at least 30 days.
16. Governing law and jurisdiction
16.1 The Agreement is governed by the laws of New South Wales, Australia.
16.2 The parties submit to the exclusive jurisdiction of the courts of New South Wales and the federal courts sitting in NSW, except that Xelora may bring proceedings in any jurisdiction to protect its intellectual property or to enforce a debt.
17. Force Majeure
17.1 Neither party is liable for failure to perform an obligation under the Agreement to the extent the failure is caused by an event beyond that party’s reasonable control, including: acts of God; fires, floods, earthquakes, severe weather; public-health emergencies and pandemics; war, civil unrest, acts of terrorism; failures of internet backbones, undersea cables, or upstream telecommunications providers; nation-state cyber-attacks; changes in law or regulatory orders that prevent performance; failure of essential utilities; and labour disputes other than those involving the affected party’s own workforce.
17.2 The party affected by the force majeure event must notify the other party promptly, take reasonable steps to mitigate, and resume performance as soon as reasonably practicable. If the event continues for more than 30 consecutive days, either party may terminate the affected Services without liability for that termination, and the Customer is entitled to a pro-rata refund of pre-paid Fees for the unprovided period.
17.3 This clause does not relieve either party of an obligation to pay money already due, nor does it limit a Customer’s rights under the ACL.
18. Sensitive and regulated data
18.1 Xelora is not certified for, and the Services are not designed for, the storage, processing, or transmission of any of the following categories of data unless Xelora has agreed in writing to a specific contract addendum:
(a) personal information regulated by the My Health Records Act 2012 (Cth) or any Australian state or territory health-records legislation; (b) data subject to the Payment Card Industry Data Security Standard (PCI-DSS) beyond the scope of Stripe’s hosted payment fields, which Xelora itself does not handle; (c) information classified PROTECTED, SECRET, or TOP SECRET under the Protective Security Policy Framework (Cth); (d) information where storage requires specific certifications or accreditations Xelora has not obtained (including ISO/IEC 27001, SOC 2 Type II, IRAP); or (e) any other category of personal or sensitive information for which the Customer’s regulator or contractual obligations require certifications, controls, or geographic restrictions Xelora cannot demonstrably meet.
18.2 You must not store, process, or transmit such data on the Services. We may suspend or terminate accounts where we reasonably believe such data is being stored on the Services in breach of this clause.
18.3 If you are unsure whether your data falls within any category in clause 18.1, contact support@xelora.host before signing up.
19. General
19.1 Assignment. You may not assign the Agreement without our written consent. We may assign on notice in connection with a corporate restructure or sale.
19.2 Severability. If any provision is unenforceable, the remainder continues in force.
19.3 No waiver. A failure to exercise a right is not a waiver of it.
19.4 Entire agreement. The Agreement is the entire agreement between the parties for the Services.
19.5 Notices. General correspondence may be sent by email to support@xelora.host. Formal legal notices (including those required to be served in writing under the Agreement, the Corporations Act 2001 (Cth), or any other statute) must be sent by registered post to the registered office of Xelora Pty Ltd at 11 Sylvania Street, Mount Victoria NSW 2786, Australia, or to such other address as Xelora notifies in writing. Notices are deemed served on the second business day after posting.