Welcome to Experiential Dynamics, LLC ("XDAI", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services, including our A.I.-enhanced process automation solutions, One Price Program, and related offerings (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. Acceptance of Terms
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference. These Terms constitute a legal agreement between you and XDAI.
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our Services after the posting of revised Terms constitutes your acceptance of such changes.
2. Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you have the legal capacity to enter into a binding agreement with XDAI and that you are at least 18 years old.
If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.
3. Account Registration and Security
To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. XDAI will not be liable for any loss or damage arising from your failure to comply with this section.
You may not share your account credentials with any third party. You may not transfer your account to another person without our prior written consent.
4. Service Description
4.1 A.I.-Enhanced Process Automation
XDAI provides A.I.-enhanced process automation solutions designed to streamline workflows, enhance productivity, and drive measurable growth for mid-sized businesses. Our Services may include, but are not limited to, process automation, UX/UI design, system integration, and software development.
4.2 One Price Program
Our One Price Program is a subscription-based service that provides access to our A.I.-enhanced process automation solutions for a fixed monthly fee. The program includes consulting, development, integration hours, and unlimited runtime on automations. Specific details, including pricing and included features, are outlined on our website and in your subscription agreement.
4.3 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.
5. Payment Terms
5.1 Fees and Billing
You agree to pay all fees associated with your use of our Services. All fees are in U.S. dollars and are non-refundable except as expressly provided in these Terms. The fees and billing terms for our Services are outlined on our website and in your subscription agreement.
5.2 Subscription Renewal
For subscription-based Services, your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date. By subscribing to our Services, you authorize us to charge your payment method for the subscription fees on each renewal date.
5.3 Price Changes
We reserve the right to change our prices at any time. If we change the fees for your subscription, we will provide notice of the change on our website or by email at least 30 days before the change takes effect.
5.4 Taxes
Unless otherwise stated, all fees do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes, assessable by any local, state, provincial, federal, or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases.
6. User Content and Responsibilities
6.1 User Content
"User Content" means any data, information, materials, text, graphics, images, or other content that you upload, submit, or otherwise provide to us in connection with your use of our Services.
You retain all ownership rights in your User Content. By providing User Content to us, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content solely for the purposes of providing and improving our Services.
6.2 Content Restrictions
You agree not to use our Services to upload, transmit, or otherwise distribute any content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or otherwise objectionable;
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware;
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (spam), chain letters, or any other form of unauthorized solicitation;
- Contains personal information of third parties without their consent;
- Impersonates any person or entity, including any of our employees or representatives.
6.3 Compliance with Laws
You agree to use our Services in compliance with all applicable local, state, national, and international laws, rules, and regulations.
7. Intellectual Property Rights
7.1 XDAI Intellectual Property
Our Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel, are owned by XDAI, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
7.2 License to Use Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes.
7.3 Restrictions
You may not:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from our Services;
- Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of our software;
- Remove any copyright, trademark, or other proprietary notices from our Services or any content therein;
- Use any robot, spider, scraper, or other automated means to access our Services for any purpose;
- Interfere with or disrupt the integrity or performance of our Services or the data contained therein;
- Attempt to gain unauthorized access to our Services, computer systems, or networks connected to our Services.
7.4 Feedback
If you provide us with any feedback, suggestions, improvements, enhancements, or feature requests relating to our Services (collectively, "Feedback"), you grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully-paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback in any form, media, or technology.
8. Confidentiality
"Confidential Information" means all non-public information disclosed by one party to the other party, whether orally, in writing, or by any other means, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
You agree to maintain the confidentiality of any Confidential Information we provide to you and to use such Confidential Information only for the purposes of using our Services. We agree to maintain the confidentiality of your User Content, except as necessary to provide our Services or as required by law.
The receiving party's obligations under this section shall not apply to information that: (i) is or becomes generally known to the public without breach of any obligation owed to the disclosing party; (ii) was known to the receiving party prior to its disclosure by the disclosing party without breach of any obligation owed to the disclosing party; (iii) is received from a third party without breach of any obligation owed to the disclosing party; or (iv) was independently developed by the receiving party.
9. Third-Party Services and Content
Our Services may contain links to third-party websites, services, or content that are not owned or controlled by XDAI. We do not endorse or assume any responsibility for any such third-party sites, services, or content.
If you access any third-party websites, services, or content from our Services, you do so at your own risk and agree that XDAI shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of any third-party websites, services, or content.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XDAI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, OUR SERVICES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO XDAI FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. Disclaimer of Warranties
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
XDAI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
XDAI MAKES NO WARRANTY THAT (I) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.
12. Indemnification
You agree to defend, indemnify, and hold harmless XDAI, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) your use of our Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.
13. Termination
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
You may terminate your account at any time by contacting us at support@experidyn.com. Upon termination, your right to use our Services will immediately cease.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.
You agree to submit to the personal and exclusive jurisdiction of the courts located in Casper, WY for the resolution of any dispute arising from these Terms or your use of our Services.
15. Miscellaneous
15.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and XDAI regarding our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning our Services.
15.2 Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
15.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without our consent shall be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
15.5 Force Majeure
We shall not be liable for any failure or delay in performance under these Terms where such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Experiential Dynamics, LLC
Email: support@experidyn.com
Phone: 630-318-3669
© 2025 Experiential Dynamics, LLC. All rights reserved.