Back to Home
Terms & Conditions
These Terms and Conditions govern your use of XSOLAI's website and services. Please read them carefully before engaging with us.
Effective Date: January 1, 2025 | Last Updated: January 7, 2025
Legal Notice: By accessing this website or engaging our services, you agree to be bound by these Terms and Conditions. If you do not agree to all terms, please discontinue use of our website and services immediately.
Table of Contents
1
Website Usage Terms
1.1 Acceptance of Terms
These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and XSOLAI ("Company," "we," "us," or "our") governing your access to and use of the website located at xsol.ai (the "Site") and any related services, features, content, or applications offered by us.
BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.
1.2 Eligibility
You must be at least eighteen (18) years of age and possess the legal authority to enter into this Agreement. By using the Site, you represent and warrant that you meet these eligibility requirements. If you are accessing the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
1.3 Modifications to Terms
We reserve the right to modify these Terms at any time in our sole discretion. Any modifications will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of modified Terms constitutes your acceptance of such modifications. We encourage you to review these Terms periodically.
1.4 Intellectual Property Rights
All content, features, and functionality on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Content"), are the exclusive property of XSOLAI or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content for personal, non-commercial purposes only. This license does not include:
• Any resale or commercial use of the Site or Content
• Any derivative use of the Site or Content
• Any downloading, copying, or account information for the benefit of another party
• Any use of data mining, robots, or similar data gathering and extraction tools
1.5 Prohibited Conduct
You agree not to:
• Use the Site in violation of any applicable law, regulation, or these Terms
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site
• Use the Site to transmit any unlawful, threatening, defamatory, obscene, or otherwise objectionable material
• Attempt to gain unauthorized access to any portion of the Site, other accounts, or any systems or networks connected to the Site
• Use any device, software, or routine to interfere with the proper working of the Site
• Introduce any viruses, trojan horses, worms, or other harmful or disruptive elements
• Reverse engineer, decompile, or disassemble any portion of the Site
2
Account Responsibilities
2.1 Account Registration
Certain features of our services may require you to register for an account or provide information to engage our services. When registering or providing information, you agree to:
• Provide true, accurate, current, and complete information
• Maintain and promptly update such information to keep it true, accurate, current, and complete
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
2.2 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials and for restricting access to your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
2.3 Client Responsibilities
When engaging our services for project work, you acknowledge and agree to the following responsibilities:
Project Information: You shall provide accurate, complete, and timely information, materials, and approvals necessary for the performance of services. Any delays resulting from your failure to provide such information may impact project timelines and costs.
Designated Representatives: You shall designate authorized representatives who have the authority to make binding decisions on your behalf regarding project matters.
Feedback and Approvals: You shall review deliverables and provide feedback within the timeframes specified in your project agreement. Failure to respond within specified timeframes may be deemed acceptance of deliverables.
Access and Resources: Where applicable, you shall provide necessary access to systems, data, and resources required for us to perform the services.
2.4 Confidentiality
During the course of engagement, either party may disclose confidential information to the other. Each party agrees to:
• Maintain the confidentiality of all confidential information received
• Use confidential information solely for purposes related to the engagement
• Not disclose confidential information to third parties without prior written consent
• Return or destroy confidential information upon termination of the engagement
Confidential information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) is rightfully obtained from a third party without restriction.
3
Service Limitations & Disclaimers
3.1 Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF TITLE AND NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE
3.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XSOLAI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:
• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
• ANY DAMAGES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (C) ANY CONTENT OBTAINED FROM THE SITE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
3.3 Force Majeure
We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or pandemics, strikes, labor disputes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of third-party providers or suppliers, or any other cause beyond our reasonable control.
3.4 Third-Party Links and Services
The Site may contain links to third-party websites or services that are not owned or controlled by XSOLAI. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party content, goods, or services.
4
Payment Terms
4.1 Pricing and Fees
All fees for services shall be as set forth in the applicable Statement of Work, project proposal, or quote ("Project Agreement"). Unless otherwise specified:
• All prices are quoted in United States Dollars (USD)
• Prices do not include applicable taxes, which shall be added where required by law
• Prices are valid for thirty (30) days from the date of the quote unless otherwise specified
4.2 Payment Schedule
Unless otherwise agreed in writing, the following payment schedule applies:
Initial Deposit: Fifty percent (50%) of the total project fee is due upon execution of the Project Agreement and prior to commencement of work. Work will not commence until the deposit is received.
Final Payment: The remaining fifty percent (50%) is due upon project completion and prior to final delivery of all deliverables.
Milestone Payments: For larger projects, alternative milestone-based payment schedules may be established in the Project Agreement.
4.3 Payment Methods
We accept payment via:
• Bank wire transfer
• PayPal
• Major credit cards (Visa, Mastercard, American Express)
All payments must be made in the currency specified in the Project Agreement. Any currency conversion fees or charges are the responsibility of the Client.
4.4 Late Payment
Invoices are due and payable within fourteen (14) days of the invoice date unless otherwise specified in the Project Agreement.
Late Payment Fees: Overdue amounts shall accrue interest at the rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by law, whichever is less, calculated from the due date until payment is received.
Suspension of Services: We reserve the right to suspend work on any project for which payment is overdue by more than fourteen (14) days. Suspension of services shall not relieve you of your payment obligations.
Collection Costs: You shall be responsible for all costs of collection, including reasonable attorneys' fees, incurred by us in collecting any overdue amounts.
4.5 Refund Policy
Deposits: Initial deposits are non-refundable once work has commenced, as they compensate for the reservation of resources and commencement of project planning.
Partial Refunds: In the event of project cancellation, a partial refund may be issued at our sole discretion based on the percentage of work completed at the time of cancellation.
Disputes: Any billing disputes must be raised in writing within fifteen (15) days of the invoice date. Failure to dispute an invoice within this period constitutes acceptance of the charges.
4.6 Taxes
You are responsible for all applicable taxes, duties, and governmental charges related to our services, excluding taxes based on our net income. If we are required to collect or pay any such taxes, you agree to reimburse us for such amounts.
5
Governing Law & Dispute Resolution
5.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which XSOLAI operates, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in said jurisdiction.
5.2 Dispute Resolution
Informal Resolution: Before initiating any formal dispute resolution proceedings, you agree to first contact us and attempt to resolve any dispute informally. Most concerns can be quickly resolved through open communication.
Mediation: If informal resolution is unsuccessful, either party may submit the dispute to non-binding mediation administered by a mutually agreed-upon mediator. The costs of mediation shall be shared equally between the parties.
Arbitration: If mediation is unsuccessful, any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered in accordance with the applicable arbitration rules. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.
5.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.
5.4 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent.
5.5 Waiver
The failure of XSOLAI to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of XSOLAI.
5.6 Entire Agreement
These Terms, together with any applicable Project Agreement and our Privacy Policy, constitute the entire agreement between you and XSOLAI regarding the subject matter hereof and supersede all prior and contemporaneous agreements, representations, warranties, and understandings.
5.7 Assignment
You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms without restriction and without notice to you.
5.8 Notices
Any notices or other communications required or permitted under these Terms shall be in writing and shall be deemed given when:
• Delivered personally
• Sent by confirmed email to we@xsol.ai (for notices to us)
• Sent by certified mail, return receipt requested, postage prepaid
• Sent by recognized overnight courier
5.9 Contact Information
For questions regarding these Terms and Conditions, please contact:
XSOLAI Legal Department
Email: we@xsol.ai
Effective Date: January 1, 2025
Last Updated: January 7, 2025
Legal Inquiries
For questions regarding these Terms and Conditions or to request a formal contract for your project, please contact our team.