Last Updated: September 4, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and Aixagonal, Inc. ("Aixagonal", "we", "us", or "our") governing your use of our website and services.
By accessing our website, submitting inquiries, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.
These Terms apply to all visitors, users, and others who access or use our services. Specific service engagements will be governed by additional contractual agreements ("Service Agreements") that supplement these Terms.
Aixagonal provides enterprise artificial intelligence consulting services, including but not limited to:
The specific scope, deliverables, timelines, and pricing for services will be defined in individual Service Agreements. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time.
When you contact us or engage our services, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account.
You represent and warrant that you have the authority to bind your organization to these Terms and any Service Agreements. If you are entering into these Terms on behalf of an organization, "you" refers to that organization.
You agree not to:
All service engagements require a signed Service Agreement that specifies scope, deliverables, timelines, payment terms, and other project-specific details. Service Agreements take precedence over these general Terms in case of conflict.
Changes to the agreed-upon scope of work must be documented in writing and approved by both parties. Additional fees may apply for scope changes, as outlined in a change order.
Clients agree to:
Deliverables will be deemed accepted if Client does not provide written objections within 10 business days of delivery, unless otherwise specified in the Service Agreement.
Service fees are specified in Service Agreements and may be structured as fixed-price engagements, monthly retainers, or time-and-materials arrangements. All fees are in U.S. Dollars unless otherwise specified.
Invoices are due within 30 days of invoice date unless otherwise agreed. Late payments are subject to interest charges of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less.
Unless otherwise specified, fees do not include third-party costs such as cloud infrastructure, API usage, travel, or software licenses. Such expenses will be billed separately at cost.
Fees are exclusive of all applicable taxes, which Client is responsible for paying. If we are required to collect or pay taxes, they will be invoiced to Client.
We reserve the right to suspend services if payment is more than 15 days overdue. Suspension does not relieve Client of payment obligations.
Client retains all ownership rights to data, materials, and intellectual property provided to Aixagonal. Client grants us a limited license to use such materials solely for performing the services.
Upon full payment, Client receives ownership of custom deliverables specifically created for Client under the Service Agreement, including custom-trained models, code, and documentation.
Aixagonal retains ownership of all pre-existing intellectual property, methodologies, tools, frameworks, and general knowledge. Client receives a license to use Aixagonal IP incorporated into deliverables as necessary to use those deliverables.
Deliverables may include third-party open-source or licensed components. Client is responsible for complying with applicable licenses for such components.
Important: We do not use Client data or deliverables to train models for other clients without explicit written permission.
Each party may disclose Confidential Information to the other. "Confidential Information" includes business plans, technical data, customer information, pricing, and any information marked as confidential or that reasonably should be understood as confidential.
The receiving party agrees to:
Confidentiality obligations do not apply to information that:
Confidentiality obligations survive for 3 years after termination of the service relationship, except for trade secrets, which remain confidential for as long as they qualify as trade secrets under applicable law.
We warrant that:
Client warrants that:
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ALL SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that services will be uninterrupted, error-free, or that results will meet specific business objectives. AI systems are probabilistic and may produce unexpected results.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR ANY SERVICE AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT IN THE 12 MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These limitations do not apply to:
Each party agrees to indemnify and hold harmless the other party from claims arising from (i) breach of representations or warranties, (ii) negligence or willful misconduct, or (iii) violation of applicable laws.
These Terms remain in effect until terminated. Service Agreements specify the term for specific engagements.
Either party may terminate a Service Agreement for convenience with 30 days' written notice. Client remains responsible for fees for work performed prior to termination.
Either party may terminate immediately if the other party materially breaches these Terms and fails to cure within 15 days of written notice.
Upon termination:
In the event of any dispute, the parties agree to first attempt to resolve the matter through good faith negotiations between senior executives.
If negotiations fail to resolve the dispute within 30 days, the parties agree to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. Arbitration will be held in San Francisco, California.
Either party may seek injunctive relief in court for breaches of confidentiality or intellectual property rights without first pursuing arbitration.
These Terms are governed by the laws of the State of California, without regard to conflict of law provisions.
These Terms, together with any Service Agreements, constitute the entire agreement between the parties and supersede all prior agreements and understandings.
We may update these Terms by posting a revised version on our website. Material changes will be communicated via email. Continued use of services after changes constitutes acceptance.
Client may not assign these Terms or any Service Agreement without our prior written consent. We may assign to an affiliate or in connection with a merger or sale.
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.
Failure to enforce any provision does not constitute a waiver of that provision or any other provision.
Neither party will be liable for failure to perform due to causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.
Notices must be in writing and sent to the addresses specified in Service Agreements or through our contact form.
For questions about these Terms, please contact:
Aixagonal, Inc.
55 Broadway, Suite 2400
New York, NY 10006