Xelion End User License Agreement
Last updated February 12, 2026
Introduction
These Terms of Use apply to every use by End User(s) of the Application provided by Xelion.
By logging in to a User Account or using the Application, the End User declares to agree with these Terms of Use and the privacy statement available at https://xelion.com/privacy-statement/.
Xelion is entitled to amend and/or supplement these Terms of Use.
A User Account is personal to the End User and non-transferable. The End User is solely responsible for safeguarding its login credentials and any files, data and/or materials stored within the User Account.
Definitions
The following capitalized terms in these Terms of Use have the following meaning:
Term | Definition |
|---|---|
Application | The software application downloaded and installed by the End User onto their device for accessing the Xelion Phone System for telephony and messaging services provided by Xelion, including associated services. |
Client | The legal entity or natural person who has entered into an agreement with Xelion or a distributor or reseller of Xelion for the provision of the Xelion Phone System and associated services. |
End User | A staff member of a Client who can use the Application via the User Account. |
Terms of Use | These terms of use. |
User Account | The account through which an End User gains access to the Application. |
Xelion Phone System | The software-based VoIP phone system that facilitates the organization of business communications, developed by Xelion. |
Xelion | Xelion B.V. (registered with the Dutch Chamber of Commerce under number: 27228063) or any of its affiliated entities, which as a service provider, has entered into an agreement with Client for the provision of the Xelion Phone System and associated services. |
Contact details Xelion B.V.
Xelion B.V.
Staalweg 40
2612 KK Delft
+31 (0)15 251 1411
Chamber of Commerce number: 27228063
End Users’ right to use
Xelion grants the End User a limited, personal, revocable, non-exclusive, non-transferable right to use the Application strictly in accordance with the terms set forth in these Terms of Use.
An End User’s right to use the Application shall terminate immediately if:
the End User is no longer under contract with Client; or
the agreement between the Client and Xelion for the provision of the Xelion Phone System and associated services is terminated.
End User’s right of use shall never include access to the source code of the Application or any other software owned by Xelion or the right to obtain a copy thereof.
Xelion is free to change, update, suspend, remove or otherwise modify (the contents or functionalities of the) Application at its sole discretion. Nothing in these Terms of Use shall be construed as an obligation on Xelion towards End User to maintain and support the Application or to provide any corrections, or updates in connection therewith.
(Un)authorised Use
End User(s) are only permitted to use the Application for its intended purpose, which is for telephony and messaging services as provided by Xelion, on their personal devices, such as computers and smartphones.
An End User shall only be authorized to use the Application’s services while under contract with the Client. The Application’s services will not be available to End User(s), unless the Client has deployed the Xelion Phone System, to which the Application can then connect, and Client has fulfilled all obligations under the agreement with Xelion.
End User(s) shall not:
use the Application or any software owned by Xelion to:
gather, save or distribute materials that violate applicable laws, rules or regulations;
harass, stalk or spam others;
repeatedly misuse emergency services;
gain unauthorized access to sensitive or identifying information;
upload, process, distribute, link to, publish, reproduce, or transmit any information, data, files, materials, software, or content if End User is not legally authorized to do so;
impose an excessive burden on the Applications or any other software system owned by Xelion by:
mass-sending unsolicited messages, requests or calls;
automating requests to servers;
transferring or processing unreasonably large volumes of data.
use the Application or any software owned by Xelion for any illegal, immoral, inappropriate or objectionable activities, information or communications of any kind, such as:
committing fraud;
scamming people or organizations;
planning or organizing acts of violence;
discriminatory activities.
duplicate or replicate any information, data, files, materials, software, or content made available by or via Xelion or the Application;
rent, lease, copy, transfer, resell, sublicense, lease, or otherwise grant access to the Application to a third party;
modify or create a derivative work of the Application or any portion of it;
create a competitive product of the Application or copy its features or user interface;
seek to obtain or derive the source code of the Xelion Phone System’s or Application’s software.
Any use of the Application by an End User in contradiction with the aforementioned shall be deemed as “Unauthorized Use”.
Denial of access or deletion of User Account
Xelion reserves the right, at its own discretion, to (temporarily) deny an End User’s access to the Application and/or to delete an End User’s User Account, data, files, materials, or content in the following events:
If the End User engages in any Unauthorized Use or upon reasonable suspicion thereof;
If the End User breaches or violates any term of these Terms of Use; or
If the End User otherwise causes harm or damage to Xelion, a distributor or reseller of Xelion, Client or any third party.
Denial of access to the Application for an End User or deletion of a User Account can only be contested by an authorized representative of Client.
Xelion reserves the right, at any time and without providing reasons, to deactivate or delete a User’s Account.
Xelion reserves the right to protect its legitimate interests by reporting instances of (serious) Unauthorized Use to the competent authorities.
The foregoing does not in any way affect any of the rights that Xelion may have under applicable laws, rules or regulations in connection with any unlawful act or breach or violation of a term of these Terms of Use.
Intellectual property
All existing and future title, interest and (intellectual property) rights, including, but not limited to, copyrights, database rights, trademark rights, trade name rights, rights in computer software, whether arising under the laws of the Netherlands or any other state, country or jurisdiction, vested in, contained in or arising from the Xelion Phone System, particularly the Application, as well as any and all results thereof, shall remain vested in Xelion.
End User (or Client) retains ownership of all data, files, materials, and content entered into the Application by the End User (or Client). Data, files, materials, and content of the End User (or Client) shall be used exclusively by Xelion to provide the Application’s services.
The rights regarding data, files, materials, and content originating from Xelion remain vested with Xelion.
In the event of a dispute regarding the rights to data, files, materials, and content these rights are presumed to belong to Xelion.
End User responsibilities and representations
The End User is responsible for knowing and understanding the Terms of Use.
The End User is responsible for ensuring that the device on which it uses the Application is functional, up to date and well-secured. If the End User is unable to fulfil this responsibility due to restrictions imposed by the Client, the responsibility shifts to Client.
The End User is responsible for any use or activity conducted through its User Account on the Application.
By logging in to a User Account or using the Application, End User represents and warrants that:
all information and data provided by the End User for its User Account is true, accurate and complete;
the End User is at least 18 years of age; and
the End User agrees and complies with these Terms of Use.
(Personal) data of End User
By logging in to a User Account, End User grants permission to Xelion, (if applicable) a distributor or reseller of Xelion, and Client to process (store and make available to End User and Client) the following (personal) data: a unique authentication token.
When processing personal data of End Users, Xelion shall comply with its obligations under the applicable privacy laws, rules and regulations. For more detailed information, Xelion refers to its privacy statement available at https://xelion.com/privacy-statement/.
Limitation of liability
Xelion shall use its best commercial efforts to ensure the availability of the Application to End User. However, Xelion does not guarantee uninterrupted, without delay and error-free operation of the Application. End User cannot claim any rights based on the (non-)performance of the Application in this regard.
Xelion is in no way liable for any direct or indirect damage resulting from or related to actions taken by End User or Client through the use of the Application.
Xelion is in no way liable for any direct or indirect damage resulting from or related to End User’s use of its own software or hardware.
End User is responsible for the proper use of the Application in strict accordance with the terms set forth in these Terms of Use and in accordance with prevailing societal norms.
Miscellaneous
These Terms of Use shall be governed by the laws of the Netherlands.
In the event of a dispute arising in connection with these Terms of Use between an End User and Xelion, both parties shall first attempt to resolve it through an ICT-mediation procedure in accordance with the IT Mediation Rules of the Foundation for the Settlement of Automation Disputes (Stichting Geschillenoplossing Automatisering), without prejudice to the right of each party to request interim relief (in arbitration) or seek conservatory measures.
To the extent that the dispute could not be resolved through mediation, the dispute shall be submitted to the exclusive jurisdiction of the competent court in The Hague, the Netherlands.