Terms of Service
These Terms of Service (Terms) govern your access to and use of the Xelbvraq website and any services we provide, including advisory work, diagnostics, pricing experiments, retention program design, automation consulting, and personal income optimization planning. By accessing or using the site or engaging with our services, you agree to these Terms. If you enter into a separate written agreement with Xelbvraq that references these Terms, the written agreement may supersede certain provisions here as specified in that agreement. We seek to make engagements clear and practical: each engagement is scoped in a written proposal that describes deliverables, fees, timelines, data access needs, and specific limitations. If you do not agree to these Terms, do not use the site or request services. For questions about any provision, contact us via the contact information at the end of this page.
Services, proposals, and responsibilities
All services are delivered in accordance with a mutually agreed written proposal or statement of work. Proposals describe the scope, assumptions, deliverables, fees, payment terms, and schedule. Proposals may reference third-party tools, analytics platforms, or cloud services for integration or reporting; those services are subject to their own terms and privacy practices. Client responsibilities include providing timely access to requested data, credentials, and decision-makers, and ensuring that data shared is collected lawfully. Clients retain sole responsibility for decisions made based on recommendations. We aim to provide actionable analysis and implementation playbooks; however, implementation outcomes depend on the client environment, data accuracy, and execution decisions. Fees quoted are exclusive of applicable taxes and reimbursements, and payment obligations are as stated in the governing proposal. Unless otherwise agreed in writing, changes in scope that materially increase effort will be subject to additional fees and a change order process.
Our deliverables are intended for the client's internal use. For engagements involving personal financial or tax advice, Xelbvraq coordinates with licensed tax or legal advisors as needed; Xelbvraq does not provide tax or legal services unless expressly stated and documented in a written agreement. Clients should consult qualified professionals for tax, legal, or regulatory matters arising from recommendations.
Intellectual property and permitted use
Unless otherwise stated in a written agreement, Xelbvraq and its licensors retain ownership of all intellectual property rights in methodologies, models, software, templates, code, reports, and processes created or used in providing services (IP). Clients are granted a limited, non-exclusive, non-transferable license to use deliverables internally for the purpose described in the proposal. Clients may not resell, republish, or otherwise distribute Xelbvraq's proprietary IP without express written permission. Materials provided by the client remain the property of the client, subject to any license necessary for Xelbvraq to perform the services. Where open-source or third-party components are included in deliverables, the applicable open-source licenses and third-party terms govern their use and distribution. If the parties negotiate transfer of ownership of specific deliverables, the transfer will be documented in writing and may be contingent on full payment and agreed conditions.
Warranties, disclaimers, and limitation of liability
Xelbvraq warrants that services will be performed with reasonable skill and care consistent with industry practices. Except for this limited warranty, services and deliverables are provided on an 'as-is' basis without other warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement. While we use reasonable measures to validate models and recommendations, client results depend on execution, data quality, market conditions, and other factors beyond Xelbvraq's control. To the fullest extent permitted by law, Xelbvraq's aggregate liability for claims arising out of or related to these Terms or any services will not exceed the fees actually paid by the client to Xelbvraq under the applicable proposal in the 12 months preceding the claim. In no event will Xelbvraq be liable for lost profits, loss of business, loss of use, or consequential, special, indirect, or punitive damages even if advised of the possibility of such damages. Clients are responsible for mitigating potential risks identified in recommendations and seeking third-party professional advice when appropriate.
Indemnity obligations, if any, will be set forth in the governing proposal and will be subject to reasonable limits appropriate to the engagement.
Confidentiality and data protection
During engagements Xelbvraq may receive confidential information, including business, financial, and customer data. We treat client information as confidential and will not disclose it to third parties except as required to perform the services, as required by law, or with client consent. We use contractual safeguards with subprocessors and reputable providers to protect client data and apply reasonable technical and organizational measures. Parties may execute a separate confidentiality agreement or data processing addendum to document specific protections, security requirements, or permitted processing. Clients remain responsible for obtaining any consents or authorizations needed for Xelbvraq to process personal data on their behalf, and for compliance with applicable data protection laws in their jurisdictions.
Term, termination, and refunds
The term of each engagement is specified in the governing proposal. Either party may terminate an engagement for material breach if the breach is not cured within a reasonable period after written notice. Upon termination, the client will pay for work performed and reasonable wind-down costs incurred through the termination date. Refund or credit policies, if applicable, are specified in the proposal. Termination does not relieve the client of payment for services performed prior to termination, nor release either party from confidentiality obligations or license restrictions that survive termination.
Governing law, disputes, and changes
These Terms are governed by the laws of the state of New York, USA, without regard to conflict-of-law rules. Parties will first attempt to resolve disputes through good-faith negotiation. If unresolved, disputes may be submitted to the state or federal courts located in New York County, New York, unless the parties agree to an alternative dispute resolution method in a written agreement. Xelbvraq may update these Terms from time to time to reflect changes in the law or service practices. Material changes will be posted on the site with a revised effective date. Continued use of the site or services after posting indicates acceptance of the updated Terms.
Contact information and notices
If you have questions about these Terms, wish to provide notice, or need assistance, please contact us: Xelbvraq, 1180 Avenue of the Americas, Suite 1700, New York, NY 10036, USA. Phone: +1 (212) 555-0134. Email: [email protected]. Notices required under a governing proposal or these Terms should be sent to the contact information provided in the proposal or to the address above. For contractual variations, the written agreement between the parties governs where applicable.
Contact our team