1. Introduction

This document outlines the Terms of Service ("ToS") for XAgency AI Inc. ("the Company"), a business entity incorporated under the laws of the Province of British Columbia, with a registered office at 485 – 6400 Roberts St., Burnaby, BC V5G 4C9.

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2. Overview of Services

The Company specializes in providing a comprehensive 90-Day AI Implementation Plan which includes:

• AI Consulting: Strategic roadmaps and high-value use cases tailored for each organization.
• Implementation & Integration: Custom integration of AI tools into existing systems.
• Training & Adoption: Educational programs to empower teams in utilizing AI solutions.
• Continuous Optimization: Ongoing enhancements for performance efficiency.
• Bespoke Solutions: Tailor-made AI solutions for unique business needs.
• Enterprise-Grade: Scalable solutions with secure integration.
• Results Focused: Implementation of solutions with KPI tracking capabilities.
• Ethical AI: Development of AI tools focusing on augmenting human capabilities with an emphasis on transparency and ethics.

3. Payment Terms

• No Refunds: All payments and deposits are final and non-refundable.
• Service Delivery Timeline: The standard delivery time is 14 days, subject to variation based on project complexity.
• Variable Fees: Fees may vary based on customer-specific requirements.
• Data Ownership: Customer data and information remain the property of the customer.

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4. Customer Obligations and Rights

Customers are required to provide accurate and current information. The use of services must comply with these terms. Customer data will be handled with respect to privacy and security.

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5. Company Obligations and Rights

The Company is committed to delivering services as described. The Company reserves the right to modify services and terms, with proper notification. Intellectual Property created during service provision remains with the Company. Liability is limited to the extent allowed by law.

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6. Miscellaneous

• Governing Law: This ToS is governed by the laws of British Columbia.
• Amendments: The Company reserves the right to amend these terms with notice to customers.
• Severability and Waiver: If any part of this ToS is found to be invalid, the remaining parts will remain in effect.

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7. Intellectual Property and Confidentiality

Intellectual Property

• Ownership: All intellectual property, including but not limited to algorithms, methodologies, techniques, and processes, used in or developed during the execution of the 90-Day AI Implementation Plan, are and shall remain the sole and exclusive property of XAgency AI Inc. This includes any bespoke solutions or custom developments made for the customer.
• Use of IP: Customers are granted a non-exclusive, non-transferable license to use any developed IP solely for internal business operations and in accordance with the purpose for which it was provided. Any other use or exploitation of the IP is strictly prohibited unless expressly permitted in writing by XAgency AI Inc.

Confidentiality

• Definition of Confidential Information: Confidential Information refers to any proprietary information, technical data, trade secrets, or know-how, including but not limited to, research, product plans, products, services, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed by XAgency AI Inc. either directly or indirectly in writing, orally, or by drawings or observation.
• Obligation of Confidentiality: The customer agrees to hold in confidence and not disclose or use any Confidential Information for any purpose outside the scope of the agreement. The customer shall only disclose Confidential Information to its employees, agents, or consultants who have a need to know such information for purposes of performing their duties in accordance with the agreement and who are bound by similar confidentiality obligations.
• Exclusions from Confidential Information: Information shall not be considered Confidential Information if it is already known to the customer without an obligation of confidentiality, becomes publicly known through no fault of the customer, is lawfully received from a third party without a duty of confidentiality, or is independently developed by the customer without use of or reference to the Confidential Information of XAgency AI Inc.

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8. Contact Information

For support or inquiries, please contact [email protected].

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9. Acceptance of Terms

By purchasing services from XAgency AI Inc., customers acknowledge and agree to these terms.