These Terms of Service govern access to and use of the website, services, proposals, statements of work, invoices, and deliverables provided by XOLKIT LLC (“XOLKIT,” “we,” “us,” or “our”). By using this website, requesting services, approving a proposal or statement of work, paying an invoice, or otherwise engaging XOLKIT, you agree to these Terms of Service.
1. Company Information
XOLKIT LLC is a Wyoming limited liability company that provides business-to-business software development, digital product engineering, web application development, mobile application development, SaaS development, AI integration, workflow automation, UI/UX implementation, technical consulting, and related maintenance and support services.
Registered office: 30 N Gould St, Ste R, Sheridan, WY 82801, United States.
Email: support@xolkit.com
Phone: +1 (203) 632-9893
2. Service Engagements
The specific services, deliverables, schedule, fees, payment milestones, revision limits, dependencies, and acceptance criteria for a project will be described in a written proposal, statement of work, order form, invoice, or other written agreement accepted by the client. If a project-specific written agreement conflicts with these Terms of Service, the project-specific written agreement will control for that project.
3. Client Responsibilities
The client must provide accurate information, timely feedback, required approvals, lawful content, access credentials, brand assets, technical materials, and other dependencies reasonably required to perform the services. Delays caused by missing information, late feedback, scope changes, unavailable third-party systems, or client-side decisions may change the delivery schedule.
The client represents that it has the right to provide all content, data, trademarks, software, credentials, and materials supplied to XOLKIT and that their use for the project will not violate applicable law or third-party rights.
4. Fees and Payment
Fees and payment schedules are stated in the applicable proposal, statement of work, invoice, or order form. Unless otherwise stated in writing, invoices are due in the currency and by the due date shown on the invoice.
XOLKIT may pause work or withhold delivery of final production files, source code, credentials, or other deliverables when an undisputed invoice is overdue. The client is responsible for taxes, duties, bank fees, currency-conversion costs, or other charges imposed on the client’s purchase, except taxes based on XOLKIT’s net income.
5. Scope Changes
Requests outside the agreed scope may require a written change order, revised fee, revised delivery schedule, or separate proposal. XOLKIT is not required to begin out-of-scope work until the client approves the applicable change in writing.
6. Fulfillment and Delivery
XOLKIT provides digital services and digital deliverables. No physical shipment is made unless a written agreement expressly states otherwise. Delivery methods, estimated timelines, client dependencies, and acceptance procedures are described in the Fulfillment Policy and the applicable project agreement.
7. Review and Acceptance
The client must review submitted deliverables within the review period stated in the applicable project agreement. If no review period is stated, the client should report material nonconformity within seven calendar days after delivery. XOLKIT will have a reasonable opportunity to correct a verified material nonconformity with the agreed scope.
A request for a preference change, new feature, new integration, additional content, or other work outside the accepted scope is not a defect and may require a change order.
8. Cancellations and Refunds
Cancellations and refunds are governed by the Refund Policy and any project-specific written agreement. Amounts attributable to completed work, accepted milestones, reserved capacity, licensed assets, domain registrations, hosting, cloud usage, software subscriptions, transaction fees, and other nonrecoverable third-party costs may be nonrefundable as described in the Refund Policy.
9. Intellectual Property
Each party retains ownership of intellectual property it owned before the engagement.
Upon full payment of all amounts due for a project, the client will receive the rights to final custom deliverables expressly identified for transfer in the applicable written agreement. XOLKIT retains ownership of its pre-existing materials, general knowledge, methods, reusable code, libraries, internal tools, templates, processes, and components that are not created exclusively for the client. To the extent such XOLKIT materials are embedded in a paid deliverable, XOLKIT grants the client a non-exclusive license to use them as part of that deliverable.
Third-party software, fonts, stock assets, open-source components, platforms, and services remain subject to their own licenses and terms.
10. Confidentiality
Each party will use reasonable care to protect non-public information received from the other party and will use that information only for the engagement, except when disclosure is authorized, required to perform the services, already lawfully known, independently developed, publicly available through no breach, or required by law.
11. Third-Party Services
Projects may rely on third-party hosting providers, cloud platforms, APIs, software libraries, app stores, analytics tools, content-management systems, payment providers, or other services. XOLKIT does not control third-party services and is not responsible for their outages, policy changes, pricing changes, review decisions, suspensions, security incidents, or discontinued features.
The client is responsible for complying with third-party terms applicable to accounts and services controlled by the client.
12. Acceptable Use
The client may not use the website, services, or deliverables to violate law, infringe intellectual property, distribute malware, conduct fraud, facilitate unauthorized access, abuse communications systems, evade sanctions, process unlawful transactions, or harm another person or system.
XOLKIT may refuse or discontinue work that is unlawful, deceptive, abusive, sanctioned, or materially inconsistent with a provider’s acceptable-use requirements.
13. No Guaranteed Business Results
Unless expressly stated in a signed written agreement, XOLKIT does not guarantee revenue, profit, search ranking, user growth, fundraising, regulatory approval, payment-provider approval, uninterrupted operation, or any other business outcome.
14. Limited Warranty
XOLKIT warrants that it will perform services in a professional manner consistent with the applicable written scope. Except for that limited warranty and to the maximum extent permitted by law, the website, services, and deliverables are provided “as is” and “as available,” and XOLKIT disclaims implied warranties of merchantability, fitness for a particular purpose, noninfringement, and uninterrupted or error-free operation.
15. Limitation of Liability
To the maximum extent permitted by law, XOLKIT will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, lost revenue, lost data, lost business opportunities, or business interruption arising from or related to the website, services, or deliverables.
To the maximum extent permitted by law, XOLKIT’s aggregate liability arising from a specific project will not exceed the fees actually paid to XOLKIT for that project during the six months before the event giving rise to the claim. This limitation does not apply where liability cannot lawfully be limited.
16. Indemnification
The client will defend, indemnify, and hold harmless XOLKIT LLC and its members, contractors, and personnel from third-party claims, damages, liabilities, and reasonable costs arising from client-provided materials, the client’s unlawful use of a deliverable, the client’s breach of these Terms of Service, or the client’s violation of third-party rights.
17. Suspension and Termination
Either party may terminate an engagement as permitted by the applicable written agreement. XOLKIT may suspend or terminate services for material nonpayment, unlawful activity, abuse, security risk, sanctions risk, material misrepresentation, or material breach that is not cured within a reasonable period after notice when cure is possible.
Termination does not eliminate payment obligations for completed work, approved milestones, committed resources, or nonrecoverable costs.
18. Governing Law
These Terms of Service are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules. Any dispute that is not resolved informally will be brought in a court of competent jurisdiction located in Wyoming, unless applicable law requires another forum.
19. Changes to These Terms
XOLKIT may update these Terms of Service by publishing a revised version on this page and changing the effective date. Changes will apply prospectively unless applicable law requires otherwise.
20. Contact
Questions about these Terms of Service may be sent to support@xolkit.com or by mail to XOLKIT LLC, 30 N Gould St, Ste R, Sheridan, WY 82801, United States.