Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Advanced Applied Science LLC, a Delaware limited liability company operating as XIVG.AI ("XIVG," "we," "us," or "our"). By engaging our services, signing a service agreement, or accessing our website at xivg.ai, you agree to be bound by these Terms. If you do not agree, do not use our services.

Services Description

XIVG provides AI operations services, including but not limited to:

• ›AI Employee Deployment - Configuration, training, and deployment of autonomous AI employees to handle defined business functions (e.g., reception, sales development, social media management, bookkeeping support, content creation, customer service)
• ›Operations Management - Ongoing monitoring, maintenance, and optimization of deployed AI employees to ensure consistent performance
• ›Automation - Design and implementation of automated workflows connecting your tools, CRM, email, and other business systems
• ›Consulting - Strategy, planning, and advisory services related to AI adoption and operations

The specific scope of services, deliverables, and timelines will be detailed in a separate Service Agreement or Statement of Work executed between the parties.

Payment Terms

Client Responsibilities

To enable XIVG to deliver services effectively, you agree to:

• ›Provide timely access to the systems, accounts, and information required to configure and operate AI employees on your behalf
• ›Maintain accurate contact and billing information
• ›Promptly review and approve AI employee outputs, communications, or actions that require your authorization
• ›Notify us immediately of any unauthorized access, data breach, or security incident related to your systems
• ›Ensure your use of XIVG services complies with all applicable laws, regulations, and third-party terms of service

Acceptable Use

You agree not to use XIVG services to:

• ›Violate any applicable federal, state, or local laws or regulations
• ›Send spam, unsolicited bulk communications, or engage in deceptive marketing practices
• ›Impersonate any person or entity or misrepresent your affiliation with any organization
• ›Harass, abuse, or harm any individual or group
• ›Attempt to gain unauthorized access to any systems or networks
• ›Use AI employees to generate or distribute illegal, harmful, defamatory, or fraudulent content

Violation of acceptable use policies may result in immediate service suspension or termination without refund.

SMS Terms and Conditions

By providing your phone number to XIVG and indicating that phone and/or SMS is an acceptable channel of communication (for example, by submitting a contact, demo, pricing, or service inquiry form that includes a phone field, by checking a consent box, by requesting a call back, or by previously communicating with our team by phone or text), you expressly consent to receive phone calls and SMS text messages from XIVG sales representatives and client success staff under the following program terms.

Intellectual Property

All methodologies, frameworks, agent configurations, and proprietary tools developed by XIVG remain the intellectual property of Advanced Applied Science LLC. Custom deliverables created specifically for your business (e.g., custom workflows, content templates) are licensed to you for use during your active service engagement.

Your existing data, brand assets, and business content remain your property at all times. We claim no ownership over your data or content processed through our services.

Platform, Mobile Application, and Software License

Your subscription includes a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the XIVG platform during the term of your active service engagement, including: the marketing website at xivg.ai; the client dashboard at app.xivg.ai; the XIVG mission control surface; any current or future XIVG-published mobile application (iOS, iPadOS, Android, or otherwise); any current or future XIVG-published desktop application; the xi-code gateway and command-line tooling; AI employee runtimes; and any APIs, SDKs, scripts, or downloadable artifacts XIVG makes available to you (collectively, the "XIVG Software").

By installing, accessing, signing in to, or otherwise using any XIVG Software, you agree that you are entering into these Terms with respect to that software in addition to any platform-specific or store-specific terms (for example, Apple's Licensed Application End User License Agreement for iOS apps distributed through the App Store) that apply to your installation. These Terms are between you and Advanced Applied Science LLC only, and not with Apple, Google, or any other platform operator, and XIVG is solely responsible for the XIVG Software and its content. Where Apple's standard EULA applies to an iOS XIVG application, you acknowledge that Apple has no obligation to provide maintenance or support for the XIVG Software, no warranty obligation, no liability for product claims, and that Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you.

You will not, and will not permit any third party to: (a) copy, modify, translate, adapt, or create derivative works of the XIVG Software, except as expressly permitted; (b) reverse engineer, decompile, disassemble, or attempt to derive source code from the XIVG Software, except to the extent applicable law expressly prohibits this restriction; (c) rent, lease, sell, sublicense, distribute, publicly display, or transfer the XIVG Software or your access credentials; (d) use the XIVG Software to build a competing product or service or to benchmark against a competing product; (e) remove, obscure, or alter any proprietary notices on or in the XIVG Software; or (f) bypass, disable, or interfere with any security, rate-limit, authentication, allow-list, or usage-metering control. All rights not expressly granted are reserved by XIVG.

Your right to use the XIVG Software automatically terminates upon termination or non-renewal of your subscription, upon material breach of these Terms, or as otherwise provided herein. Upon termination, you will stop all use of the XIVG Software, delete any locally installed copies, and revoke any credentials issued for XIVG access.

Use of AI; No Reliance on AI Outputs

XIVG services are powered by artificial intelligence and large language models supplied by third-party AI infrastructure providers. AI systems are non-deterministic, evolving, and probabilistic by design. They can produce output that is incomplete, inaccurate, out of date, biased, offensive, or otherwise unsuitable for a particular purpose, even when configured carefully and operated with reasonable care.

You acknowledge and agree that:

• ›AI-generated outputs (including text, messages, voice replies, transcripts, summaries, drafts, analyses, recommendations, code, and actions performed by AI employees on your behalf) are tools, not professional advice. They are not, and must not be relied on as, legal, medical, financial, accounting, tax, insurance, regulatory, safety, or other professional advice.
• ›You are responsible for reviewing, validating, and approving AI outputs before relying on them, publishing them, sending them to third parties, or using them to make decisions that have legal, financial, safety, regulatory, or reputational consequences.
• ›You are responsible for the prompts, instructions, knowledge sources, integrations, allow-lists, escalation rules, and approval workflows you configure for your AI employees, and for the actions those AI employees take using credentials, access tokens, phone numbers, and accounts you provide.
• ›AI employees may interact with your customers, leads, prospects, employees, vendors, and other third parties on your behalf via phone, SMS, email, chat, and other channels. You are responsible for ensuring that those interactions comply with applicable laws (including TCPA, CAN-SPAM, CASL, state privacy and consumer protection laws, recording and consent laws, and industry-specific rules), with the terms of any third-party platforms you connect, and with the consents you have obtained from the persons being contacted.
• ›XIVG does not guarantee that AI outputs will be accurate, complete, fit for any specific purpose, free from bias, or suitable for any regulated use case. XIVG is not responsible for decisions, communications, or actions you, your personnel, or third parties take based on AI outputs.
• ›Third-party AI infrastructure providers may change, deprecate, or remove models, features, or capabilities on their own schedule. XIVG may correspondingly need to substitute or retire models, and is not liable for any resulting change in behavior, output, or availability.

You assume all risk arising from your use of AI outputs and the actions of AI employees you deploy through XIVG. If you do not accept this risk allocation, do not use the services.

Disclaimers

XIVG services are provided "as is" and "as available." We make no warranties, express or implied, including but not limited to:

• ›Guaranteed outcomes or specific results from AI employee deployment
• ›Uninterrupted or error-free service (AI systems and third-party integrations may experience downtime)
• ›Fitness for any particular purpose beyond those explicitly agreed in your Service Agreement

AI-generated content and actions should be reviewed by qualified personnel for critical business decisions. XIVG is not responsible for decisions made solely on the basis of AI outputs.

Limitation of Liability

To the maximum extent permitted by applicable law, Advanced Applied Science LLC and its members, employees, contractors, and agents shall not be liable for:

• ›Indirect, incidental, special, consequential, or punitive damages
• ›Loss of profits, revenue, data, business opportunities, or goodwill
• ›Damages arising from third-party service failures, outages, or changes to third-party platforms

In no event shall our total cumulative liability to you exceed the total fees paid by you to XIVG in the three (3) months immediately preceding the event giving rise to the claim.

Indemnification

By you. To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Advanced Applied Science LLC, its affiliates, and their respective officers, members, employees, contractors, agents, successors, and assigns (collectively, the "XIVG Parties") from and against any and all third-party claims, suits, demands, investigations, regulatory actions, losses, damages, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• ›your use of, configuration of, instructions to, or deployment of XIVG services, AI employees, automations, workflows, integrations, the XIVG dashboard, the XIVG platform, the XIVG website, any XIVG mobile or desktop application, and any AI outputs;
• ›any phone calls, SMS, MMS, RCS, voice, email, chat, social, or other communications sent, placed, or received by AI employees, automations, or your personnel using XIVG services, including any claim that such communications violated TCPA, TSR, state telemarketing or autodial laws, CAN-SPAM, CASL, recording or wiretap laws, do-not-call or do-not-text obligations, carrier or messaging-platform policies (including A2P 10DLC registration requirements), or any consent, opt-in, or opt-out obligation owed to the recipient;
• ›your or your personnel's, customers', or end users' violation of these Terms, any Service Agreement or Statement of Work, any applicable law or regulation, or the terms or policies of any third-party platform you connect through XIVG;
• ›any data, content, credentials, contact lists, prompts, instructions, knowledge sources, or other materials you provide to XIVG or that you cause XIVG, AI employees, or third-party services to process, including any claim that such materials infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any person;
• ›your reliance on, or any decision, action, or omission you, your personnel, or third parties take based on, AI outputs generated through XIVG services;
• ›your unauthorized or unlawful use of XIVG services or any breach of your representations, warranties, or obligations under these Terms.

By XIVG. XIVG will indemnify, defend, and hold you harmless from and against third-party claims brought against you alleging that the XIVG services, as provided by XIVG and used by you in accordance with these Terms and any applicable Service Agreement, directly infringe a U.S. copyright, U.S. trademark, or U.S. trade secret of that third party, except to the extent the claim arises from (a) materials, data, prompts, instructions, or content you provided; (b) modifications to the services not made by XIVG; (c) combination of the services with software, data, or systems not provided by XIVG; (d) use of the services in violation of these Terms or applicable law; or (e) AI outputs generated in response to your instructions. This paragraph states XIVG's sole and exclusive liability, and your sole and exclusive remedy, for any claim of intellectual property infringement.

Procedure. The indemnifying party's obligations are conditioned on the indemnified party (i) promptly notifying the indemnifying party in writing of the claim; (ii) granting the indemnifying party sole control of the defense and settlement of the claim, provided no settlement that imposes liability or admission on the indemnified party will be made without its prior written consent (not unreasonably withheld); and (iii) providing reasonable cooperation in the defense at the indemnifying party's expense.

Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of the service engagement. XIVG will not disclose your business information, client data, or operational details to third parties except as necessary to deliver services or as required by law. This obligation survives termination of the service relationship.

Termination

Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or XIVG services shall be subject to the exclusive jurisdiction of the state and federal courts located in Florida.

Before initiating formal legal proceedings, the parties agree to attempt to resolve disputes in good faith through direct negotiation. If informal resolution fails, disputes shall be resolved through binding arbitration in Florida under the rules of the American Arbitration Association.

Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. For material changes, we will provide 30 days' notice via email to active clients. Continued use of our services after changes take effect constitutes acceptance of the updated Terms.

Contact

Questions about these Terms or our services? Reach us at: