Terms of Service

By accessing, browsing, or using the XCloudPhone platform (including our website, mobile applications, desktop client, and WebRTC streaming interface), you agree to comply with and be bound by these Terms.

You must be at least 18 years old to create an account and use our services. By agreeing to these Terms, you represent and warrant that you meet this age requirement.

If you are using XCloudPhone on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days before they take effect. Continued use after changes become effective constitutes acceptance.

XCloudPhone provides a cloud-based Android phone platform running on real physical ARM hardware — actual phone mainboards (with batteries and screens removed) mounted in industrial server racks. Our services include:

• Dedicated cloud phone instances on real ARM hardware (Samsung, Xiaomi, etc.) — not virtual machines or emulators.
• Low-latency WebRTC streaming with real-time interaction through our web, desktop, and mobile clients.
• Anti-detect features including IMEI rotation, Android ID management, fingerprint protection, and WebRTC leak protection.
• Proxy configuration with per-device network settings and IP leak prevention.
• Automation tools: Template Builder, AI Template Creator, and pre-built automation templates via our marketplace.
• 24/7 dedicated phone uptime with remote access from any device with internet connectivity.

To use XCloudPhone services, you must create an account. You agree to:

Provide accurate, current, and complete information during registration. You are responsible for keeping your account information up to date.

You are solely responsible for maintaining the confidentiality of your account credentials. You must notify us immediately of any unauthorized access to your account.

You are responsible for all activities that occur under your account, including actions by anyone you grant access to your cloud phone instances.

Each individual may maintain only one personal account. Business accounts may manage multiple cloud phone instances under a single organizational account.

XCloudPhone operates on a subscription-based model. By subscribing, you agree to the following billing terms:

We offer various plans with different hardware specifications, device quantities, and feature sets. Plan details, pricing, and included features are displayed on our pricing page.

Payments are processed through secure third-party payment providers (Stripe, PayPal). We do not store your full payment card details on our servers.

Subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date. You will be notified before each renewal.

We may adjust pricing with at least 30 days' advance notice. Price changes will take effect at the start of your next billing cycle.

You are obligated to use the Service responsibly and in compliance with all applicable laws. Any violation of the rules below will result in immediate suspension or termination of your account without prior notice and without refund.

It is strictly prohibited to use the Service to carry out, facilitate, or conceal any activity that violates the laws of the United States and/or international law, including but not limited to: fraud, money laundering, cyberattacks, terrorism, distribution of false information, or any form of criminal activity.

The following activities are strictly prohibited:

• Using the Service to conduct Denial-of-Service (DDoS) attacks, port scanning, or any action that damages our systems or third-party infrastructure.
• Distributing viruses, trojans, malware, or any form of malicious software through our cloud phone instances.
• Conducting mass email spam, bulk messaging, or unsolicited communication campaigns.
• Using the Service for cryptocurrency mining operations.

You may not use the Service to:

• Store, distribute, or transmit any content that infringes on copyright, trademarks, or other intellectual property rights.
• Use cheating tools, hacks, or modified applications (modded APKs) that violate the terms of service of game publishers or other app providers. You are solely responsible to those publishers for any violations.

All intellectual property rights in the XCloudPhone platform are owned by or licensed to us:

The XCloudPhone platform, including its design, code, WebRTC streaming technology, device management system, Template Builder, AI Template Creator, and all related trademarks, are the exclusive property of XCloudPhone Technology and Solutions LLC.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our platform solely for its intended purpose during your active subscription period.

You retain ownership of all data, apps, and content you store on your cloud phone instance. We do not claim any ownership rights to your personal content.

If you publish automation templates to our marketplace, you grant XCloudPhone a non-exclusive license to display and distribute your templates. You retain authorship and may remove them at any time.

XCloudPhone provides Android devices on which you may install third-party applications:

• Apps and games you install on your cloud phone are governed by their own terms of service and privacy policies.
• XCloudPhone does not endorse, monitor, or assume responsibility for third-party applications or their content.
• You are solely responsible for compliance with any third-party app's terms when using them on your cloud phone.
• XCloudPhone is not liable for any data loss, account bans, or damages resulting from your use of third-party applications.

We strive to maintain high availability for our cloud phone platform:

XCloudPhone strives to maintain high availability for all active cloud phone instances. While we make every commercially reasonable effort to minimize downtime, we do not guarantee a specific uptime percentage. Scheduled maintenance windows are communicated at least 24 hours in advance.

Regular maintenance windows are typically scheduled during off-peak hours. We will notify you via email and in-app notification before planned downtime.

If the physical ARM device assigned to your account experiences hardware failure, we will migrate your instance to a replacement device as quickly as possible, typically within 4 hours.

XCloudPhone is not liable for service interruptions caused by events beyond our reasonable control, including natural disasters, power outages, internet backbone failures, or government actions.

To the maximum extent permitted by applicable law, the following disclaimers and limitations apply:

XCloudPhone services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

Our total aggregate liability for any and all claims arising from or related to these Terms, the Service, or your use thereof — whether in contract, tort (including negligence), strict liability, or any other legal theory — shall not exceed the total amount you actually paid to XCloudPhone in the 12 months immediately preceding the event giving rise to the claim.

In no event shall XCloudPhone, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, business opportunities, or anticipated savings, regardless of whether such damages were foreseeable or whether XCloudPhone was advised of their possibility.

XCloudPhone makes no representations or warranties regarding any third-party applications, games, or services you install or use on your cloud phone. We are not responsible for any bans, suspensions, data loss, or damages imposed by third-party providers as a result of your activities on the cloud phone.

XCloudPhone provides anti-detect features (IMEI rotation, fingerprint management, proxy support) as privacy tools only. We make no guarantee that these features will prevent detection by any third-party service. Use of these features to circumvent platform bans or engage in fraudulent activities is at your own risk and sole responsibility.

While we use genuine ARM hardware devices, we do not guarantee specific hardware performance levels, battery life characteristics, or zero-defect operation. Network latency and streaming quality depend on your internet connection and geographic location, which are outside our control.

You agree to indemnify, defend, and hold harmless XCloudPhone and its officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content or data you store on your cloud phone instance.

You acknowledge that cloud-based services inherently carry risks including service interruptions, data loss, and security vulnerabilities. By using XCloudPhone, you voluntarily assume these risks and agree that XCloudPhone shall not be held liable for any damages arising from such inherent risks.

Either party may terminate this agreement under the following conditions:

You may cancel your subscription at any time through your account dashboard. Access continues until the end of your current billing period. No refund will be issued for the remaining subscription time.

We reserve the right to immediately suspend or terminate your account without notice if you violate these Terms, including the Acceptable Use Policy. No refund will be issued in cases of termination for violation.

If payment fails and is not resolved within 7 days, we may suspend your cloud phone instances. If your subscription is not renewed, the device will be automatically wiped and reassigned.

When your subscription expires or is terminated, all data on the assigned physical ARM device is automatically and permanently erased. This is a built-in security mechanism to ensure the next tenant cannot access any previous user's data. This process is irreversible — please back up any important data before your subscription ends.

Your web platform account data (profile information, billing history, automation templates, and account settings) is retained on our servers even after subscription ends. You can reactivate your subscription at any time and access your web account data. To request full account deletion, contact our support team.

These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict of law principles.

Any disputes arising from these Terms shall first be attempted to be resolved through informal negotiation. If unresolved within 30 days, disputes will be submitted to binding arbitration under the rules of the American Arbitration Association (AAA) in Colorado.

You agree that any disputes will be resolved individually and that you waive any right to participate in a class action lawsuit or class-wide arbitration.

For any disputes not subject to arbitration, the exclusive jurisdiction shall be the state and federal courts located in Jefferson County, Colorado.

If you have any questions about these Terms of Service, please contact us:

• Legal Department: [email protected]
• General Support: [email protected]
• Legal Entity: XCloudPhone Technology and Solutions LLC
• Registered Address: 7876 W Kentucky Ave, Lakewood, CO 80226, United States