1. Company Information

Xelshard LLC (“Xelshard,” “we,” “our,” or “us”) is a Texas-registered LLC providing affordable AI-powered automation and workflow solutions for small and mid-sized businesses across the United States.

2. Acceptance of Terms

By accessing our website or using our services (“Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy. If you do not agree, you may not use the Services.

3. Description of Services

We provide two service models tailored to small business operations:

• Starter Plans (Client-Hosted): automation systems hosted within the client’s own environment (e.g., Google Workspace).
• Managed Plans (Xelshard-Hosted): automation systems hosted and managed by Xelshard on Google Cloud or Microsoft Cloud infrastructure.

Typical offerings include quote generation, scheduling, invoicing, data-collection dashboards, communications, and AI-assisted workflow tools. Service details, deliverables, and pricing are outlined in individual proposals or subscription agreements.

4. Client Responsibilities

1. Provide accurate and current business information and maintain valid payment details for recurring billing.
2. Use the Services only for lawful purposes and comply with applicable regulations.
3. Maintain secure credentials; restrict access to authorized personnel only.
4. Comply with data-protection obligations relating to your customers, staff, and partners.

5. Licensing & Intellectual Property

All software logic, scripts, templates, workflows, documentation, designs, and other intellectual property created or supplied by Xelshard remain the exclusive property of Xelshard LLC.

Clients receive a limited, non-exclusive, non-transferable license to use Xelshard systems while their subscription is active. Clients may not copy, resell, reverse engineer, or redistribute Xelshard’s proprietary code or architecture. Violations may result in immediate termination and legal action.

6. Data Ownership & Privacy

Clients always own their business data (records, files, and customer information). Xelshard manages the automation logic and hosting environment.

• Managed Plans: data is stored within Xelshard’s Google or Microsoft Cloud workspace under least-privilege access controls.
• Starter Plans: data resides in the client’s own environment.
• Certain third-party integrations may temporarily host limited data solely to perform their functions.

We maintain strong security standards, encryption, and regular backups. Upon termination, client data hosted by Xelshard is retained for 30 days for export, then permanently deleted. See our Privacy Policy for details.

7. Payments & Billing

• Subscriptions are billed monthly, in advance, beginning on the activation date; automatic recurring billing applies.
• Free trials may be cancelled anytime prior to activation; no charges apply. Trials may require valid payment info to enable seamless activation.
• Payments are processed securely via third-party billing services.

Late Payments

Invoices are due on the issue date. A 14-day grace period applies. After the grace period, a 1.5% monthly late fee (or $20 minimum) is applied to outstanding balances. Service may be suspended after two months of non-payment and cancelled after the third month.

8. Refund Policy

• Full refunds are available only before project kickoff.
• Partial refunds may apply within 7 days of onboarding if the client cancels early.
• No refunds once system setup or implementation work has begun.
• Free trials are non-billable and may be cancelled any time before conversion.

9. Service Levels & Support

• Starter Plan: support inquiries answered within 24 business hours.
• Managed Plan: support inquiries answered within 4 business hours.

Support hours are Monday–Friday, 9:00 AM–5:00 PM Central Time (CST). Emergency or after-hours support may incur additional fees unless otherwise stated.

10. AI & Automation Disclaimer

Our automation systems and AI tools generate content or results to assist operations. AI-generated content or automation outputs are for operational support only and must be reviewed by the client before external use or delivery. Xelshard is not responsible for inaccuracies, bias, or unintended results arising from AI algorithms or third-party data sources.

11. Third-Party Services & Integrations

Our systems may integrate with external platforms (e.g., Google Workspace, Microsoft 365, QuickBooks, Stripe, Twilio/WhatsApp, etc.). Each third-party platform is governed by its own terms, policies, and uptime. Xelshard is not responsible for downtime, errors, data processing, or policy changes within third-party platforms.

12. Confidentiality

Both parties agree to keep confidential all non-public business, technical, financial, and client information obtained during the relationship. Neither party shall disclose such information to third parties without prior written consent, except as required by law. Unauthorized disclosure of Xelshard’s proprietary information (including automation methods and code) may result in legal action and damages.

13. Security & Backups

We implement reasonable administrative, physical, and technical safeguards to protect stored data, including routine backups for disaster recovery. No online service can guarantee absolute security; clients should maintain their own backups of critical data.

14. Termination of Services

Either party may terminate in accordance with the subscription or project agreement. Upon termination:

• Client access to Xelshard-hosted systems is disabled.
• Client data hosted by Xelshard is retained for 30 days for export or retrieval.
• After 30 days, all hosted data is permanently deleted.

15. Warranties & Limitation of Liability

The Services are provided “as is” and “as available”. We do not warrant that the Services will be uninterrupted, error-free, or meet every specific requirement.

To the maximum extent permitted by law, Xelshard shall not be liable for indirect, incidental, special, or consequential damages; loss of revenue or data; or issues caused by third-party systems or connectivity. Our total liability for any claim shall not exceed the amount paid by the client in the preceding three months.

16. Indemnification

Clients agree to indemnify and hold harmless Xelshard LLC, its employees, and affiliates from any claims, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from: (a) client misuse of the Services; (b) client violation of laws or regulations; (c) misuse or unauthorized disclosure of data; or (d) third-party disputes caused by the client’s actions or content.

17. Dispute Resolution & Governing Law

These Terms are governed by and construed under the laws of the State of Texas, USA, without regard to conflict-of-law principles. Parties will first attempt to resolve disputes in good faith. If unresolved, disputes shall be settled by binding arbitration in Dallas County, Texas.

18. Modifications to Terms

We may update these Terms periodically. Revised versions will be posted on this page with an updated “Last Updated” date. Continued use of the Services after changes constitutes acceptance of the new Terms.

19. Entire Agreement

These Terms, together with any signed proposal, order form, or service agreement, constitute the entire agreement between you and Xelshard LLC and supersede all prior agreements or understandings relating to the Services.

20. Contact Information