Terms of Use

These terms govern your use of our website and services. Please read them carefully before using our platform.

Last updated: January 2025

Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and x-Brainiac AI & Analytics Consulting ("x-Brainiac," "we," "our," or "us") regarding your use of our website located at cx.xbrainiac.com and our consulting services.

By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our website or services.

Company Information

Company Name: x-Brainiac AI & Analytics Consulting

Business Type: AI and Analytics Consulting Services

Location: Jacksonville, FL, United States

Contact Email: hello@cx.xbrainiac.com

Phone: +1 (904) 664-8904

Acceptance and Modifications

Acceptance of Terms

By using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

Modifications

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website with a new "Last updated" date. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

Our Services

x-Brainiac provides the following services:

Consulting Services

  • Data Strategy & Governance
  • AI Model Development
  • Machine Learning Operations (MLOps)
  • Business Intelligence & Dashboarding

Additional Services

  • Business Automation
  • Analytics Modernization
  • Cloud Migration
  • Training and Support

Specific terms for consulting engagements will be outlined in separate service agreements or statements of work.

User Responsibilities and Conduct

Acceptable Use

You agree to use our website and services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit harmful, offensive, or inappropriate content
  • Attempt to gain unauthorized access to our systems
  • Interfere with the proper functioning of our website
  • Use our services for competitive intelligence or reverse engineering

Account Security

If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Accurate Information

You agree to provide accurate, current, and complete information when using our services and to update such information as necessary.

Intellectual Property Rights

Our Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, software, and methodologies, is the property of x-Brainiac or our licensors and is protected by copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for its intended purpose. This license does not include the right to:

  • Reproduce, distribute, or create derivative works
  • Reverse engineer or decompile any software
  • Remove or modify any proprietary notices
  • Use our content for commercial purposes without permission

Client Data and Work Product

Intellectual property rights in work product created specifically for clients will be addressed in individual service agreements. Client data remains the property of the client, subject to our Privacy Policy.

Service Terms and Conditions

Service Availability

We strive to maintain website availability but do not guarantee uninterrupted access. We may temporarily suspend access for maintenance, updates, or other operational reasons.

Consulting Engagements

Specific consulting services will be governed by separate service agreements that will include:

  • Scope of work and deliverables
  • Timeline and milestones
  • Payment terms and conditions
  • Confidentiality provisions
  • Intellectual property arrangements

Third-Party Services

Our website may integrate with third-party services. We are not responsible for the availability, accuracy, or content of third-party services, and your use of such services is subject to their respective terms.

Payment Terms

Consulting Fees

Payment terms for consulting services will be specified in individual service agreements. Generally, our terms include:

  • Payment due within 30 days of invoice date
  • Late payment fees may apply
  • All fees are non-refundable unless otherwise specified
  • Expenses may be billed separately

Taxes

All fees are exclusive of taxes. You are responsible for all applicable taxes, duties, and government charges.

Confidentiality

Mutual Confidentiality

Both parties acknowledge that they may have access to confidential information. We agree to:

  • Maintain the confidentiality of all proprietary information
  • Use confidential information only for the intended purpose
  • Not disclose confidential information to third parties
  • Return or destroy confidential information upon request

Exceptions

Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.

Disclaimers and Warranties

Service Disclaimer

Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Professional Services

While we strive to provide high-quality consulting services, we do not guarantee specific results or outcomes. The success of AI and analytics projects depends on various factors, including data quality, business processes, and implementation.

Third-Party Content

We are not responsible for the accuracy, completeness, or reliability of third-party content, services, or websites referenced on our platform.

Limitation of Liability

General Limitation

To the maximum extent permitted by law, x-Brainiac shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

Maximum Liability

Our total liability for any claims arising from or related to these Terms or our services shall not exceed the amount paid by you to x-Brainiac in the twelve (12) months preceding the claim.

Exceptions

These limitations do not apply to liability for death or personal injury caused by negligence, fraud, or other liability that cannot be excluded by law.

Indemnification

You agree to indemnify, defend, and hold harmless x-Brainiac and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of our website or services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit or transmit through our services
  • Your negligent or wrongful conduct
Termination

Termination by You

You may stop using our services at any time. If you have an ongoing consulting engagement, termination terms will be governed by the applicable service agreement.

Termination by Us

We may terminate or suspend your access to our services immediately, without prior notice, if you violate these Terms or engage in conduct that we deem harmful to our business or other users.

Effect of Termination

Upon termination, your right to use our services will cease immediately. Provisions that by their nature should survive termination will remain in effect, including confidentiality, intellectual property, and limitation of liability clauses.

Governing Law and Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles.

Jurisdiction

Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the state and federal courts located in Jacksonville, Florida.

Alternative Dispute Resolution

Before pursuing litigation, parties agree to attempt resolution through good faith negotiation. If negotiation fails, disputes may be resolved through binding arbitration under the rules of the American Arbitration Association.

Miscellaneous Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and x-Brainiac regarding the use of our services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.

Contact Information

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

Email: hello@cx.xbrainiac.com

Subject: "Terms of Use Inquiry"

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Address: Jacksonville, FL, United States
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