Understand Our Agreement
Clear terms for using XFACTORAI LLC services.
Last updated: September 2025
Welcome to XFACTORAI LLC ("XFactorAi," "we," "us"). These Terms & Conditions ("Terms") govern your use of the XFactorAi platform, services, software, applications, and related websites (the "Services").
By accessing or using the Services, you agree to be bound by:
If you do not agree, you must not use the Services.
We may update these Terms from time to time:
Continued use of the Services after changes are posted means you accept the updated Terms.
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. The Services are not intended for children or minors. Submission of data relating to children is prohibited, and if you do so, you are solely responsible for all legal consequences.
Some features may require creating an account. You must provide accurate and complete information and keep it updated.
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
One account per user: Each individual user is permitted to maintain only one active account with XFactorAi. Creating multiple accounts to circumvent subscription limits, fair usage policies, or other restrictions is strictly prohibited.
Prohibited activities:
Consequences of violation:
Exceptions:
If you need multiple accounts for legitimate business purposes, please contact support@xfactorai.com to discuss enterprise licensing options.
If you use the Services on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.
You may not use outputs in regulated contexts (e.g., contracts, finance, employment, medical, compliance filings). If you do so, you accept full responsibility and liability. XFactorAi disclaims all responsibility for such use.
You may use the Services only in accordance with these Terms, our Privacy Policy, and all applicable laws and regulations.
You may not:
Because our Services are available worldwide, you are responsible for ensuring your own compliance with the laws of your jurisdiction, including but not limited to:
The Services may generate AI-produced outputs (including text, analyses, rewrites, or negotiation suggestions). These outputs:
If you upload third-party personal data without valid consent or lawful basis, you are solely liable for any resulting claims, fines, or penalties. XFactorAi disclaims all responsibility.
XFactorAi tracks token usage (input and output tokens) for all Services. Token usage is measured and displayed in your account dashboard and may be stored in Office roaming settings (for Outlook Add-in users).
Each subscription plan includes specific token usage limits as described at the time of purchase. Token usage limits are enforced to ensure fair access to Services for all users.
Even "unlimited" plans have fair usage limits: To ensure service quality and prevent abuse, all subscription plans, including those marketed as "unlimited," are subject to fair usage policies.
Standard fair usage limits:
Fair usage is designed to:
Exceeding fair usage limits:
If you exceed your plan's fair usage limit:
Expanding fair usage limits:
If you have a legitimate business need that requires exceeding the standard fair usage limit:
Fair usage violations:
The following activities may be considered violations of fair usage:
Consequences of fair usage violations:
While we strive for accuracy, token counts are estimates based on standard tokenization methods. Actual token usage may vary slightly. Discrepancies in token counting do not constitute a breach of these Terms.
If you believe there is an error in your token usage tracking:
You may submit emails, documents, recordings, messages, or other materials ("User Content") into the Services. You retain all ownership of your User Content.
By submitting User Content, you confirm that:
You grant XFactorAi a limited license to process your User Content solely to provide the Services to you. We do not sell, repurpose, or share your User Content for advertising or unrelated purposes.
You (or your organization) are the Data Controller. XFactorAi is the Data Processor, acting strictly on your instructions.
You are solely responsible for ensuring that your use of the Services complies with all applicable laws.
If you upload or process content involving another person, you confirm you have obtained valid consent or have another lawful basis to do so.
You may not use the Services to intercept or record communications in violation of applicable law.
Because our Services are available worldwide, you must determine what your local law requires. If you are unsure, you should seek independent legal advice before using the Services.
We may send anonymized or hashed telemetry data to third-party systems you configure (e.g., Salesforce, Slack, Zapier) via signed webhooks. These integrations are fully under your control.
XFACTORAI LLC acts solely as a Data Processor of User Content. You (or your organization) remain the Data Controller. We process User Content only on your documented instructions.
By default, all User Content is automatically stored in our secure backend database. All data goes through our backend and is persisted - there are no temporary sessions. User Content is retained until you delete it or close your account, unless retention is required by law (e.g., fraud monitoring, audit purposes).
All conversations, messages, and User Content are stored by default and retained until you delete them or close your account. You remain fully responsible for the legality of retaining such data.
You may delete stored User Content at any time. If deletion is not immediately possible (e.g., due to technical or legal constraints), we will anonymize data where feasible to remove personal identifiers.
We may retain limited non-content metadata (such as timestamps, request size, and status codes) for security, auditing, and performance monitoring.
We may use trusted sub-processors (such as OpenAI API providers, cloud hosting services, or analytics vendors). All sub-processors must maintain strong privacy and security standards.
If you use the Services from outside the United States, your data may be processed in other countries. Where required, safeguards such as Standard Contractual Clauses (SCCs) or equivalent mechanisms will apply.
Depending on your location, you may have rights under GDPR, UK GDPR, or CCPA/CPRA, including:
To exercise these rights, contact us at: contact@xfactorai.com
All rights in and to the Services, including software, modules, designs, algorithms, features, and branding, belong to XFACTORAI LLC and its licensors.
You retain ownership of all User Content you provide.
You grant us a limited, revocable, non-exclusive license to process your User Content solely to provide the Services to you.
You may not copy, modify, reverse engineer, or create derivative works of the Services, nor use our trademarks or logos without prior written permission.
If you provide suggestions, improvements, or feedback, you grant us a worldwide, royalty-free license to use them to improve the Services, without obligation to you.
The Services may generate outputs (including text, analyses, rewrites, or negotiation suggestions) using artificial intelligence. These outputs may not always be accurate, complete, or up to date.
Outputs are provided for informational purposes only and do not constitute legal, financial, medical, or professional advice.
You may not use outputs in regulated contexts (including legal, financial, or healthcare decisions).
You are solely responsible for evaluating, verifying, and deciding how to use outputs.
We make no warranties that outputs will be reliable, accurate, error-free, or suitable for any particular purpose.
The Services may rely on or integrate with third-party platforms (such as OpenAI APIs, cloud hosting providers, Gmail, or Outlook).
Third-party services are governed by their own terms and privacy policies. XFactorAi is not responsible for third-party practices.
By enabling an integration, you authorize us to access and process your data as needed to connect with that service.
Inclusion of a third-party integration does not imply endorsement, guarantee, or responsibility for that provider.
Certain features may require payment of fees. Pricing is communicated at the time of purchase or subscription and is expressed in U.S. Dollars (USD).
You authorize us (and our payment processors) to charge your selected payment method on a recurring basis, where applicable.
Subscriptions automatically renew at the end of each billing period unless you cancel through your account settings.
You may cancel at any time. Fees already paid are non-refundable except where required by law. Your obligation includes covering any fines, penalties, or enforcement actions imposed by regulators due to your use of the Services.
Refund requests are handled on a case-by-case basis. Generally:
You are responsible for paying any applicable taxes, duties, or charges arising from your subscription.
If you purchase through an authorized reseller, their billing terms may apply in addition to ours.
We reserve the right to modify pricing at any time. Price changes will not affect your current billing period but will apply to renewals. We will provide at least 30 days' notice of price increases.
If payment fails:
The Services are provided "as is" and "as available," without warranties of any kind.
To the maximum extent permitted by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, accuracy, and non-infringement.
XFACTORAI LLC, its officers, employees, and affiliates will not be liable for any:
even if we were advised of the possibility of such damages.
Our total liability for any claim related to the Services will not exceed the amount you paid to us in the 12 months before the claim arose.
Some jurisdictions do not allow limitations on liability. In such cases, our liability is limited to the maximum extent permitted by law.
You are solely responsible for verifying outputs, securing your data, and ensuring lawful use. We are not liable for harm resulting from your use, misuse, or reliance on the Services or outputs.
Your obligation includes covering any fines, penalties, or enforcement actions imposed by regulators due to your use of the Services.
You agree to indemnify, defend, and hold harmless XFACTORAI LLC, its officers, employees, and affiliates from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to:
We may, at our expense, assume exclusive defense and control of any matter subject to indemnification. You agree to cooperate with us in good faith.
We may suspend or terminate your access to the Services at any time, with or without cause, and without prior notice. This includes, but is not limited to, if we reasonably believe you:
You may stop using the Services at any time. If you cancel a subscription, you remain responsible for all fees incurred before cancellation.
Upon termination, your right to use the Services ends immediately. Provisions relating to intellectual property, liability, indemnification, dispute resolution, and governing law will survive termination.
All User Content is stored by default in our secure backend database (see Section 7). If you close your account, we will delete or anonymize stored content within a reasonable time, subject to legal retention obligations. You will not have a right to retrieve data before deletion.
We strive to maintain high availability but do not guarantee uninterrupted access. The Services may be unavailable due to:
We reserve the right to:
We do not guarantee that any specific feature will remain available indefinitely. Features may be modified, replaced, or removed as we improve the Services.
These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law rules.
Any dispute, claim, or controversy will be resolved by binding arbitration administered in Orlando, Florida, under the rules of the American Arbitration Association. The arbitration award will be final and binding.
All disputes must be resolved individually. You agree not to bring or participate in any class, collective, or representative action.
You agree to bear all arbitration costs, including your own legal fees and your share of tribunal expenses.
Either party may seek injunctive or equitable relief in court for unauthorized use of intellectual property or breach of confidentiality.
Nothing in this section limits our commitment to apply appropriate safeguards for users located in the U.S. (California residents' rights under CCPA/CPRA) or EU/UK (GDPR/UK GDPR).
We may update or modify these Terms at any time.
Continued use of the Services after changes take effect means you accept the updated Terms. If you do not agree, you must stop using the Services.
We are not responsible for any failure or delay in performance caused by events outside our reasonable control, including but not limited to:
During such events, our obligations will be suspended for the duration of the disruption.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a competent authority, the remaining provisions will continue in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and XFactorAi regarding the Services and supersede any prior written or oral agreements, promises, or understandings.
If you have questions, concerns, or requests regarding these Terms, please contact us:
XFACTORAI LLC
Email: contact@xfactorai.com
Support: support@xfactorai.com
STE 210 - OFFICE 4812
7345 W SAND LAKE RD
Orlando, Florida 32819