Just Ask Xero Beta Terms of Use

Beta trial with Xero

We’ve been building Xero’s new GenAI-powered smart business companion for small businesses and their advisors, known as Just Ask Xero (JAX). We’re excited to be running a beta trial of JAX (Beta Trial) and want to thank you for your interest in participating.

These terms of use (Terms) govern your participation in the Beta Trial. Please read them carefully, as you’ll need to accept these terms if you are to participate in the Beta Trial.

Our terms of use

1. Background

These Terms are between you and Xero Limited (us, we, our). You are deemed to have agreed to these Terms on behalf of any entity or firm for whom you are participating in the Beta Trial.

Xero’s Terms of Use and Privacy Notice also apply to the Beta Trial, except to the extent of any inconsistency with these Terms, in which case these Terms will take precedence with respect to the Beta Trial.

2. Participation in the Beta Trial

To participate in the Beta Trial Project or gain access to our Confidential Information, you must be at least 18 years of age, and you must not be a director, officer, employee or a 5% or more shareholder of any business that competes with the Xero business. Your participation in the Beta Trial is at our sole discretion.

You don’t have to pay Xero anything for participating in the Beta Trial (beyond what you already pay for your Xero subscription). However, if the Product moves out of beta phase and is released commercially, you may need to pay for use of the final commercial product.

Although Xero will not charge you for the Beta Trial, you may incur charges from your carrier or service provider when you send messages (for example via email, SMS and Whatsapp). We recommend you check with your mobile carrier or service provider to understand the applicable fees. Xero is not liable for any charges that you may incur.

You’re not entitled to any payment or reimbursement of any kind from Xero under any circumstances, for your participation in the Beta Trial or in relation to your Feedback.

We may, at our discretion, vary the duration of, or discontinue the Beta Trial (Beta Term), or vary the scope of the Beta Trial.

You can opt out of the Beta Trial at any time.

3. Nature of the Product

JAX is a copilot conversational experience, which is powered by GenAI. The beta version of JAX is unfinished “in development” software (Product). We want to make you aware that when you converse with the Product, you’re not talking to a human.

The conversational interfaces allow you to submit inputs (Prompts) and in certain circumstances receive responses (Outputs). You must check all Outputs before you use them. Xero makes no representations or warranties with respect to the accuracy of any content, including any Outputs. You should not rely on Outputs for accounting, financial or professional advice.

We do not warrant that the Product will meet any particular requirements or be fit for any particular purpose, and we may remove your access to the Product at any time. The Product may not operate correctly and we might make significant changes before we release it commercially, or we might withdraw it. You accept all of the risks associated with using the Product and indemnify us against any liability or loss we incur arising in connection with your use.

4. Your obligations

By participating in the Beta Trial, you agree to:

• provide written or oral feedback and responses to questions asked by Xero from time to time regarding the Product, including the details of any problems you experience, ideas you may have for enhancements, and any other information you think may be relevant (Feedback);
• use the Product only in the way we requested you to, and not for any other purpose or use;
• comply with any additional technical requirements we may request for the Product to operate fully; and
• be responsible for the accuracy, quality and legality of any data that you transmit via the Product.

5. Feedback

We grant you a non-exclusive, non-transferable, non-sublicensable, and revocable licence to use and test the Product or any other material we may provide you under the Beta Trial for a the duration of the Beta Term so that you can provide us with your Feedback. You must ensure that the Feedback does not contain any confidential or proprietary information belonging to any other person.

We will own all rights in and to the Feedback, but we’ll only use it to improve the Product, develop new services or amend existing services. If we collect your Feedback as part of an interview, your interview (including your screen) may be recorded. We own all rights in and to this recording, but we’ll only ever use it to help us collect your Feedback. We’ll also delete this recording when it is no longer needed for the purposes of your Feedback.

6. Confidentiality

As part of your participation in the Beta Trial, Xero might provide information to you which is confidential. This includes all information provided by Xero to you that is marked or otherwise identified as “confidential” (whether orally or in writing) or that you should reasonably understand to be confidential in the circumstances (including, but not limited to, data, intellectual or other properties, products and services, business, operations, strategies, information regarding technology, know-how, processes, software programs, research, development, details of the Beta Trial, the Product, your Feedback and financial information) (Confidential Information).

You can use Confidential Information only for the purpose of trialling the Product under these Terms. You are not allowed to disclose any Confidential Information to any person, except:

(a) with the prior consent of Xero;

(b) if the Confidential Information is generally and publicly available other than as a result of a breach of confidence by you; or

(c) when compelled to do so by law or by any order of any court of competent jurisdiction, or any competent judicial, governmental or regulatory body, subject to providing reasonable notice to Xero, unless a court orders that Xero cannot be given such notice.

You agree that:

(a) nothing contained in these Terms will be construed as granting ownership rights to you in relation to any Confidential Information disclosed under these Terms;

(b) if requested by Xero, you will return or destroy any Confidential Information disclosed under these Terms; and

(c) you will not make any public comment about the Product, the Beta Trial or these Terms, including on social media, or refer to the Product or the Beta Trial in any marketing materials, demonstrations or promotional services.

7. Data

Personal data that relates to you or your use of the Product will be managed in accordance with our Privacy Notice. Personal data that relates to others and that we process on your behalf will be managed in accordance with our Terms of Use.

By using the Product, you authorise Xero to process any data, including personal data relating to you or other individuals, to the extent necessary to understand and manage your Prompts and produce any Outputs. You agree that Xero may share your data with third parties, including but not limited to Large Language Models. This sharing is essential for the functionality of the Product. We reserve the right to change third-party providers at any time without prior notice to you except where we have otherwise agreed.

You also consent to sending and receiving Outputs and Prompts through Whatsapp, SMS and email from your service, and to us sharing your mobile telephone number and email address with third parties for this purpose.

You acknowledge that you are responsible for making sure you have any necessary permissions where you are using the service to send any communications to another party.

During the Beta Trial, we may collect data related to your use of the Product, including Outputs, Prompts, responses and usage metrics (Beta Data). The Beta Data, as well as your Feedback, will be used to improve the Product and for internal analysis.

8. Other Important Stuff

We may choose to subcontract any of our rights or obligations under this Agreement (including the performance of any part of the Beta Trial ) to a third party.

We reserve the right to change these Terms at any time. If the change is material, then it will be effective upon us communicating those changes to you via email or by posting a visible notice through our service. If the change isn’t material, we may not notify you.

Neither you nor we will be liable for any indirect or consequential loss in connection with the Beta Trial. Other than liability that we can’t exclude by law, our liability in connection with the Beta Trial is limited to NZ$100.

These Terms are governed by the laws of New Zealand and each party submits to the exclusive jurisdiction of the New Zealand courts.