Terms of Service

Welcome to XaviersLab. These Terms of Service ("Terms") govern your use of our website at xavierslab.com ("Website") and any services provided by XaviersLab ("Services"). By accessing or using our Website or Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing our Website or engaging our Services, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Website or Services.

2. Services Description

XaviersLab provides custom software development, web development, automation, AI solutions, CRM integration, and related technology services. Specific services will be outlined in separate project agreements or statements of work.

3. Client Responsibilities

When engaging our Services, you agree to:

• Provide accurate and complete information
• Respond to communications in a timely manner
• Provide necessary access, credentials, and materials
• Review and approve deliverables within agreed timeframes
• Make payments according to agreed terms
• Ensure you have rights to any content you provide

4. Project Agreements

Individual projects will be governed by separate project agreements or statements of work that specify:

• Scope of work and deliverables
• Timeline and milestones
• Pricing and payment terms
• Revision policies
• Ownership and intellectual property rights

In case of conflict between these Terms and a project agreement, the project agreement shall prevail.

5. Payment Terms

Unless otherwise specified in a project agreement:

• A deposit may be required before work begins (typically 50%)
• Final payment is due upon project completion and before final deliverables are transferred
• Late payments may incur interest charges
• All fees are non-refundable unless otherwise specified

6. Intellectual Property

Client Materials

You retain ownership of all content, materials, and intellectual property you provide to us. You grant us a license to use these materials solely for the purpose of providing the Services.

Deliverables

Upon full payment, you will own the custom deliverables created specifically for your project. We retain the right to use general knowledge, skills, and techniques developed during the project.

Third-Party Components

Projects may incorporate third-party software, libraries, or components that are subject to their own licenses. These remain the property of their respective owners.

Portfolio Rights

We reserve the right to display completed work in our portfolio and marketing materials unless specifically prohibited in writing.

7. Confidentiality

We will maintain the confidentiality of any proprietary or sensitive information you share with us and will not disclose it to third parties without your consent, except as required by law.

8. Warranties and Disclaimers

Our Warranty

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Website will be uninterrupted or error-free
• Defects will be corrected
• The Website is free of viruses or harmful components
• The Services will achieve specific business results or outcomes

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XAVIERSLAB 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, ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify and hold harmless XaviersLab from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of our Website or Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content or materials you provide that infringe intellectual property rights

11. Termination

Either party may terminate a project agreement with written notice if:

• The other party breaches a material term of the agreement
• The other party fails to cure such breach within 30 days of written notice

Upon termination, you shall pay for all work completed up to the termination date. Any deposits paid are non-refundable unless otherwise specified.

12. Website Use

When using our Website, you agree not to:

• Use the Website for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Website
• Interfere with the Website's functionality or security
• Copy, modify, or distribute Website content without permission
• Use automated tools to access or scrape the Website

13. Dispute Resolution

Any disputes arising under these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

14. Governing Law

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

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our Website and updating the "Last updated" date. Your continued use of our Website or Services after such changes constitutes acceptance of the new Terms.

16. Severability

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

17. Entire Agreement

These Terms, together with our Privacy Policy and any project agreements, constitute the entire agreement between you and XaviersLab regarding the subject matter herein.

18. Contact Information

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