Terms of Service

Last Updated: January 2025

Please read these Terms of Service ("Terms") carefully before using the services provided by X-Traordinary Development ("we," "our," or "us"). By accessing or using our website and services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing and using our website or engaging our services, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our services.

2. Services Description

X-Traordinary Development provides software development, web development, mobile app development, AI solutions, and related technology services. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. Use of Services

3.1 Permitted Use

You may use our services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use our services in any way that violates applicable laws or regulations
  • Infringe upon the rights of others
  • Transmit any harmful, offensive, or illegal content
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt our services
  • Use automated systems to access our services without permission

3.2 Account Responsibility

If you create an account or provide information to us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Intellectual Property

4.1 Our Intellectual Property

All content, features, and functionality of our website and services, including but not limited to text, graphics, logos, images, and software, are owned by X-Traordinary Development or its licensors and are protected by copyright, trademark, and other intellectual property laws.

4.2 Client Intellectual Property

Upon full payment for services, you will own the custom-developed work product created specifically for you. We retain the right to use general knowledge, skills, and experience gained during the provision of services.

4.3 License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use our website for your personal or business purposes, subject to these Terms.

5. Service Agreements and Projects

5.1 Project Scope

All projects will be governed by a separate written agreement that specifies the scope of work, deliverables, timeline, and payment terms. These Terms supplement, but do not replace, any specific project agreement.

5.2 Changes to Scope

Any changes to the project scope must be agreed upon in writing and may result in additional fees or timeline adjustments.

6. Payment Terms

Payment terms will be specified in your project agreement. Generally:

  • Payment schedules may include deposits, milestone payments, and final payments
  • All fees are non-refundable unless otherwise specified in writing
  • Late payments may incur interest charges
  • We reserve the right to suspend services for non-payment

7. Warranties and Disclaimers

7.1 Service Warranties

We warrant that our services will be performed in a professional and workmanlike manner. However, we do not guarantee that our services will be error-free or uninterrupted.

7.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, X-TRAORDINARY DEVELOPMENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

9. Indemnification

You agree to indemnify, defend, and hold harmless X-Traordinary Development and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or relating to your use of our services or violation of these Terms.

10. Confidentiality

We respect the confidentiality of your business information and will take reasonable measures to protect it. However, we may disclose information if required by law or with your consent.

11. Termination

We may terminate or suspend your access to our services immediately, without prior notice, for any breach of these Terms. Upon termination, your right to use our services will cease immediately.

12. Dispute Resolution

Any disputes arising from these Terms or our services shall be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Minneapolis, Minnesota.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and X-Traordinary Development regarding the use of our services.

17. Contact Information

If you have questions about these Terms, please contact us: