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
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 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 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.
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.
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.
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 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.
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.
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.
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.
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.
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 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
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.
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.
If you have any questions about these Terms of Use, please contact us:
Subject: "Terms of Use Inquiry"