TERMS OF SERVICE
Effective Date: 11/17/2025
Last Updated: 11/18/2025
Introduction
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and XCorp Technologies, LLC (“XCorp,” “we,” “us,” or “our”) governing your use of our website, managed services, and related offerings.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.
Definitions
“Services” means all managed IT services, technology consulting, support services, and related offerings provided by XCorp Technologies, including but not limited to:
Infrastructure management
Network monitoring and management
Security services
Cloud services
Backup and disaster recovery
Help desk support
Strategic consulting
“Website” means www.xcorptech.com and all associated subdomains and pages.
“Client Portal” means the secure online platform for accessing services, documentation, and support.
“Service Agreement” or “MSA”** means the Master Services Agreement or Statement of Work executed between XCorp and Client.
“Fees” means all charges for Services as specified in the applicable Service Agreement.
“User” means any individual authorized by Client to access or use the Services.
“Client Data” means all data, information, and materials provided by Client or generated through use of Services.
Acceptance of Terms
2.1 Agreement Formation
By any of the following actions, you agree to these Terms:
Accessing or using our website
Creating an account or user profile
Executing a Service Agreement
Accepting a proposal or quote
Using our Services
Clicking “I Accept” or similar buttons
2.2 Authority to Agree
By agreeing to these Terms, you represent that:
You are at least 18 years of age
You have legal authority to bind the organization you represent
You are not prohibited from using our Services under applicable law
All information you provide is accurate and complete
2.3 Entire Agreement
For paid Services, these Terms supplement but do not replace specific Service Agreements. In case of conflict, the Service Agreement controls for those specific Services.
Services
3.1 Service Description
XCorp Technologies provides managed IT services tailored to each Client’s needs. Services may include:
Infrastructure Management:
Server administration and maintenance
Network design and management
Storage management
Virtualization management
Hardware lifecycle management
Monitoring and Maintenance:
24/7 infrastructure monitoring
Proactive maintenance
Performance optimization
Patch management
Software updates
Security Services:
Firewall management
Endpoint protection
Security monitoring and response
Vulnerability assessments
Security policy development
Cloud Services:
Cloud migration and management
SaaS administration
Cloud optimization
Hybrid cloud solutions
Backup and Disaster Recovery:
Automated backups
Disaster recovery planning
Business continuity services
Data restoration
Help Desk Support:
User support services
Ticket management
Remote assistance
On-site support (if contracted)
Strategic Services:
IT strategy and planning
Technology assessments
Budgeting and forecasting
Vendor management
3.2 Service Levels
Service levels, including response times, uptime commitments, and support hours, are specified in the applicable Service Agreement or Service Level Agreement (SLA).
3.3 Service Modifications
We reserve the right to:
Modify, suspend, or discontinue Services with reasonable notice
Update service features and capabilities
Change service delivery methods
Add or remove service options
Material changes to contracted Services will be communicated at least 30 days in advance.
3.4 Service Limitations
Our Services are subject to:
Fair use policies
Resource limitations specified in Service Agreements
Technical constraints of underlying technologies
Third-party service availability
Force majeure events
Account Registration and Access
4.1 Account Creation
To access certain Services, you must:
Create an account with accurate information
Designate authorized users
Accept these Terms
Provide payment information
4.2 Account Security
You are responsible for:
Maintaining confidentiality of login credentials
All activities under your account
Immediately notifying us of unauthorized access
Implementing appropriate security measures
Ensuring users comply with these Terms
4.3 Account Information
You must:
Provide accurate, current information
Update information promptly when it changes
Not use false or misleading information
Not impersonate others
4.4 Account Termination
We may suspend or terminate your account if:
You violate these Terms
Payment is overdue
You engage in fraudulent or illegal activity
Your account is inactive for extended periods
Required by law
Acceptable Use Policy
5.1 Permitted Use
You may use our Services only for:
Lawful business purposes
Internal business operations
Purposes specified in your Service Agreement
Activities consistent with these Terms
5.2 Prohibited Activities
You may not:
Illegal Activities:
Violate any applicable laws or regulations
Infringe intellectual property rights
Transmit illegal content
Facilitate illegal activities
Security Violations:
Attempt unauthorized access to systems or networks
Introduce malware, viruses, or harmful code
Probe, scan, or test vulnerabilities
Bypass security measures
Conduct denial-of-service attacks
Abusive Behavior:
Harass, threaten, or abuse others
Transmit spam or unsolicited communications
Engage in fraudulent activities
Impersonate others
Create false identities
System Interference:
Disrupt or interfere with Services
Overload systems or networks
Reverse engineer our systems
Remove proprietary notices
Frame or mirror our website without permission
Restricted Content:
Child sexual abuse material
Terrorist content
Content promoting violence
Malicious code or exploits
Pirated software or content
Resource Abuse:
Excessive use beyond reasonable limits
Cryptocurrency mining (unless explicitly permitted)
Using services to provide similar services to others
Reselling services without authorization
5.3 Enforcement
We may, without liability:
Investigate suspected violations
Remove or disable access to violating content
Suspend or terminate services
Report violations to law enforcement
Cooperate with legal proceedings
5.4 Monitoring
We reserve the right to monitor Services to:
Ensure security and proper functioning
Detect policy violations
Prevent fraud and abuse
Comply with legal obligations
We do not actively monitor content but may review when issues arise.
Fees and Payment
6.1 Service Fees
Fees for Services are specified in:
Service Agreements
Statements of Work
Quotes and proposals
Website pricing (for standard offerings)
6.2 Payment Terms
Billing Cycle:
Monthly, quarterly, or annually as specified
Invoices issued at beginning of billing period
Payment due within terms specified (typically Net 30)
Payment Methods:
Credit card (with automatic recurring billing)
ACH transfer
Wire transfer
Check (for approved clients)
Automatic Renewal:
Services automatically renew unless cancelled
Renewal at then-current rates
30-day notice required for cancellation
6.3 Late Payment
Late Fees:
1.5% per month (or maximum allowed by law) on overdue amounts
Applied to balances over 30 days past due
Service Suspension:
Services may be suspended if payment is 30+ days overdue
10-day notice before suspension
Restoration requires payment of all amounts due plus restoration fee
Collection Costs:
You are responsible for collection costs including reasonable attorney fees
6.4 Price Changes
We may change pricing:
Upon renewal of Services
With 60 days’ notice for existing contracts
Immediately for new service additions
6.5 Taxes
Client Responsibility:
Fees exclude all taxes
Client responsible for all applicable taxes (sales, use, VAT, etc.)
Except taxes based on XCorp’s income
Tax Documentation:
Client must provide valid tax exemption certificates if claiming exemption
XCorp will provide tax documentation as required
6.6 Expenses
Additional expenses (travel, equipment, third-party services) will be:
Pre-approved by Client when possible
Billed at cost plus markup (if specified)
Documented with receipts
6.7 Disputes
Billing Disputes:
Must be raised within 30 days of invoice
Undisputed amounts remain due
Good faith resolution attempts required
Client Responsibilities
7.1 Cooperation
Client must:
Provide timely access to systems, facilities, and personnel
Respond promptly to requests for information or decisions
Allocate appropriate internal resources
Designate authorized representatives
Provide accurate and complete information
7.2 Systems and Infrastructure
Client is responsible for:
Maintaining appropriate hardware and software
Ensuring compatibility with Services
Providing adequate internet connectivity
Maintaining power and environmental controls
Following our recommendations for infrastructure
7.3 User Management
Client must:
Designate authorized users
Ensure users comply with these Terms and policies
Promptly remove access for terminated employees
Train users on proper use of Services
Monitor user activities
7.4 Data Management
Client is responsible for:
Accuracy and legality of Client Data
Having rights to process Client Data
Maintaining independent backups
Archiving data before termination
Data classification and handling policies
7.5 Security
Client must:
Implement appropriate security measures
Follow security recommendations
Report security incidents promptly
Maintain endpoint security
Enforce strong password policies
7.6 Compliance
Client is responsible for:
Compliance with applicable laws and regulations
Industry-specific requirements (HIPAA, PCI-DSS, etc.)
Obtaining necessary licenses and permissions
Privacy law compliance
Export control compliance
7.7 Third-Party Services
Client is responsible for:
Relationships with third-party vendors
Third-party software licenses
Compliance with third-party terms
Third-party service costs
Intellectual Property
8.1 XCorp IP
XCorp retains all rights to:
Our website and Services
Software, tools, and utilities
Methodologies and processes
Documentation and materials
Trademarks and branding
Pre-existing intellectual property
8.2 Client Data
Client retains all rights to Client Data. By using Services, Client grants XCorp:
License to access and process Client Data as necessary to provide Services
Right to create derivative works for service delivery
Right to maintain copies for backup and business continuity
Right to use anonymized, aggregated data for analytics
8.3 Work Product
Client-Specific Deliverables:
Custom configurations, scripts, and documentation created specifically for Client
Ownership transfers to Client upon full payment
Subject to XCorp’s retention of underlying methodologies and tools
General Components:
XCorp retains rights to reusable components
Standard tools, utilities, and frameworks
Templates and best practices
General knowledge and experience
8.4 Feedback
Any feedback, suggestions, or ideas you provide:
Become property of XCorp
May be used without compensation or attribution
Are provided without confidentiality obligations
Do not create obligations on XCorp
8.5 License Grant
XCorp grants Client a limited, non-exclusive, non-transferable license to:
Access and use Services as specified in Service Agreement
Use provided documentation
Use Client Portal and associated tools
This license terminates upon termination of Services.
8.6 Restrictions
Client may not:
Copy, modify, or create derivative works from our IP
Reverse engineer or decompile our software
Remove proprietary notices
Use our IP beyond scope of license
Transfer or sublicense rights without consent
8.7 Third-Party IP
Services may incorporate third-party software subject to separate licenses. Client must comply with applicable third-party terms.
Confidentiality
9.1 Confidential Information
“Confidential Information” includes:
Technical information about systems and networks
Business information and strategies
Financial information
Customer and employee information
Security procedures and vulnerabilities
Proprietary methodologies and processes
Information marked as confidential
9.2 Obligations
Each party agrees to:
Maintain confidentiality of other party’s Confidential Information
Use Confidential Information only for authorized purposes
Limit access to personnel with need to know
Protect with at least reasonable care
Not disclose without prior written consent
9.3 Exceptions
Confidentiality obligations do not apply to information that:
Is or becomes publicly available through no breach
Was rightfully known prior to disclosure
Is independently developed
Is rightfully received from third parties
Must be disclosed by law (with notice if permitted)
9.4 Duration
Confidentiality obligations survive termination for:
3 years for business confidential information
5 years for technical confidential information
Indefinitely for trade secrets
9.5 Return of Information
Upon termination, each party will:
Return or destroy Confidential Information
Certify compliance with destruction
Except for copies required by law or policy
Data Protection and Privacy
10.1 Privacy Policy
Processing of personal data is governed by our Privacy Policy, incorporated by reference.
10.2 Data Processing Agreement
For services involving personal data, a separate Data Processing Agreement (DPA) may be required and will govern data processing activities.
10.3 Client as Controller
When Client is the data controller:
Client determines purposes and means of processing
Client is responsible for privacy compliance
Client must provide privacy notices
Client handles data subject requests
10.4 XCorp as Processor
When XCorp acts as data processor:
We process data only per Client instructions
We implement appropriate security measures
We assist with data subject requests
We notify of data breaches
We maintain processing records
10.5 Data Location
Data may be processed and stored in:
United States data centers
Cloud regions specified in Service Agreement
Other locations with appropriate safeguards
10.6 Subprocessors
We may use subprocessors for service delivery:
List available upon request
Subject to confidentiality and data protection obligations
Client notification of material changes
10.7 Data Security
We implement security measures including:
Encryption in transit and at rest
Access controls
Security monitoring
Regular security assessments
Incident response procedures
10.8 Data Retention and Deletion
Retention:
Client Data retained during service term
Backup retention per backup policies
May retain for legal or legitimate business purposes
Deletion:
Client Data deleted within 30 days of termination (unless otherwise specified)
Backups deleted per standard retention schedules
Some data may persist in archived backups
Client Responsibility:
Export data before termination
We are not responsible for data after deletion
Warranties and Disclaimers
11.1 XCorp Warranties
XCorp warrants that:
Services will be performed in professional manner
Personnel are qualified and competent
Services will materially comply with Service Agreement
We have rights necessary to provide Services
This warranty is valid for 30 days from service delivery. Client’s exclusive remedy is re-performance or refund.
11.2 DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
XCORP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR PARTICULAR PURPOSE
NON-INFRINGEMENT
TITLE
ACCURACY OR COMPLETENESS
UNINTERRUPTED OR ERROR-FREE OPERATION
FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS
XCORP DOES NOT WARRANT:
Specific results or outcomes
Complete security or prevention of breaches
Compatibility with all systems
Meeting all Client requirements
Third-party product performance
11.3 Third-Party Services
XCorp makes no warranties regarding:
Third-party products or services
Internet connectivity or availability
Third-party service performance
Content accuracy from external sources
11.4 Technology Limitations
Client acknowledges:
Technology is complex and may contain defects
No system is completely secure
Failures may occur despite best efforts
Complete disaster prevention is not possible
Outcomes depend on many factors beyond our control
Limitation of Liability
12.1 LIABILITY CAP
XCORP’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $10,000, WHICHEVER IS GREATER.
12.2 EXCLUDED DAMAGES
IN NO EVENT SHALL XCORP BE LIABLE FOR:
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES
LOST PROFITS OR REVENUE
LOSS OF DATA OR INFORMATION
LOSS OF BUSINESS OPPORTUNITY
BUSINESS INTERRUPTION
REPUTATIONAL HARM
COST OF SUBSTITUTE SERVICES
LOSS OF GOODWILL
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3 Exceptions
Limitations do not apply to:
Gross negligence or willful misconduct
Fraud or fraudulent misrepresentation
Death or personal injury caused by negligence
Client’s indemnification obligations
Violations of intellectual property rights
Breaches of confidentiality
Any liability that cannot be excluded by law
12.4 Basis of Bargain
Client acknowledges that:
These limitations are fundamental elements of agreement
XCorp would not provide Services without these limitations
Fees reflect allocation of risk
Limitations apply even if remedies fail essential purpose
12.5 Multiple Claims
Multiple claims do not increase liability cap. All related claims are treated as single claim for purposes of limitations.
12.6 Third-Party Claims
XCorp is not liable for:
Third-party product failures
Third-party service interruptions
Actions of Client’s personnel
Client’s policy violations
Factors outside XCorp’s control
Indemnification
13.1 Client Indemnification
Client agrees to indemnify, defend, and hold harmless XCorp, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from:
Client’s violation of these Terms
Client’s violation of applicable laws
Client Data or its use
Client’s negligence or willful misconduct
Claims that Client Data infringes third-party rights
Actions of Client’s users or personnel
Client’s breach of confidentiality
Unauthorized use of Services
Third-party claims related to Client’s business
13.2 XCorp Indemnification
XCorp will indemnify Client from third-party claims that Services infringe third-party intellectual property rights, subject to:
Conditions:
Client promptly notifies XCorp of claim
XCorp has sole control of defense and settlement
Client cooperates reasonably in defense
Client does not admit liability or settle without consent
Remedies: If Services are found to infringe, XCorp may:
Obtain rights for continued use
Modify Services to be non-infringing
Replace with non-infringing alternative
Terminate Services and refund prepaid fees
Exclusions: No indemnity for claims based on:
Modification of Services by Client
Combination with non-XCorp products
Use contrary to documentation
Continued use after notice to discontinue
Client Data or specifications
13.3 Indemnification Process
Party seeking indemnification must:
Provide prompt written notice
Allow indemnifying party to control defense
Cooperate reasonably in defense
Not settle without indemnifying party’s consent
13.4 Exclusive Remedy
XCorp’s indemnification obligations above are Client’s exclusive remedy for intellectual property infringement claims.
Term and Termination
14.1 Service Term
Initial Term:
Specified in Service Agreement (typically 12-36 months)
Begins on service commencement date
Renewal:
Automatically renews for successive periods (typically 12 months)
Unless either party provides written notice of non-renewal
Notice required 30-60 days before renewal (per Service Agreement)
14.2 Termination for Convenience
By Client:
May terminate with 30-60 days written notice (per Service Agreement)
May be subject to early termination fees
Must pay all fees through termination date
Prepaid fees generally non-refundable
By XCorp:
May terminate with 90 days written notice
No early termination fees
Refund of prepaid unused fees
14.3 Termination for Cause
Either party may terminate immediately if:
Other party materially breaches Terms
Breach remains uncured for 30 days after written notice
Other party becomes insolvent or bankrupt
Other party ceases business operations
Additional XCorp Rights: XCorp may terminate immediately if:
Client is 30+ days overdue on payment
Client violates acceptable use policy
Client engages in illegal activities
Client poses security risk
Required by law
14.4 Suspension of Services
XCorp may suspend Services without liability if:
Payment is overdue
Client violates acceptable use policy
Suspension necessary to prevent harm or maintain security
Required by law or court order
Notice:
Reasonable advance notice when practical
Immediate suspension for emergencies or security issues
Restoration:
Upon cure of issue
Payment of past due amounts
Payment of restoration fee (if applicable)
14.5 Effects of Termination
Upon Termination:
Client Obligations:
Immediately cease using Services
Pay all amounts due through termination date
Return XCorp property and materials
Delete XCorp confidential information (except as required by law)
XCorp Obligations:
Provide reasonable transition assistance (may be at additional cost)
Return Client Data in standard format within 30 days
Delete Client Data per data retention policy
Return Client confidential information
No Refunds:
Prepaid fees generally non-refundable unless otherwise specified
Exception for XCorp termination without cause
Data Retrieval:
Client has 30 days to retrieve data
After 30 days, data will be deleted
Restoration after deletion not guaranteed and incurs fees
14.6 Early Termination Fees
If Client terminates before end of Initial Term without cause:
Fee may apply as specified in Service Agreement
Typically percentage of remaining contract value
Compensates for setup costs and commitment discounts
14.7 Survival
The following provisions survive termination:
Payment obligations
Intellectual property rights
Confidentiality obligations
Warranties and disclaimers
Limitation of liability
Indemnification
Dispute resolution
Any provision that by its nature should survive
Force Majeure
15.1 Excused Performance
Neither party shall be liable for failure or delay in performance due to causes beyond reasonable control, including:
Acts of God (earthquakes, floods, fires, storms)
War, terrorism, civil unrest
Government actions or regulations
Pandemics or epidemics
Labor disputes or strikes (excluding our employees)
Internet or telecommunications failures
Power outages
Cyber attacks on third parties
Supplier failures
Acts or omissions of third parties beyond our control
15.2 Notice and Mitigation
Party affected by force majeure must:
Notify other party promptly
Describe event and expected impact
Use reasonable efforts to mitigate effects
Resume performance when possible
15.3 Extended Force Majeure
If force majeure continues for more than 60 days:
Either party may terminate affected Services
Client pays for services received
No liability for termination
Refund of prepaid fees for undelivered services
15.4 Limitation
Force majeure does not excuse payment obligations for services already rendered.
Dispute Resolution
16.1 Informal Resolution
Before formal proceedings, parties agree to:
Attempt good faith negotiations
Escalate to senior management
Consider mediation
30-day negotiation period
16.2 Arbitration
Binding Arbitration:
Disputes not resolved informally shall be resolved by binding arbitration
Administered by American Arbitration Association (AAA)
Under Commercial Arbitration Rules
Single arbitrator selected per AAA rules
Arbitration location: [City, State]
Arbitration Process:
Discovery limited to essential documents and depositions
Hearing within 6 months of arbitrator appointment
Decision within 30 days of hearing
Written decision with findings and reasoning
Arbitrator may award any remedy available at law
Costs:
Each party bears own attorneys’ fees
Arbitration fees split equally unless arbitrator orders otherwise
Prevailing party may be awarded costs in arbitrator’s discretion
Exceptions to Arbitration: Either party may seek:
Injunctive relief in court to prevent irreparable harm
Protection of intellectual property rights
Collection of undisputed debts
16.3 Class Action Waiver
PARTIES WAIVE RIGHT TO:
Participate in class action lawsuits
Join claims with claims of others
Act as class representative
Pursue claims in representative capacity
Each claim must be brought individually in arbitration or court.
16.4 Jury Trial Waiver
PARTIES WAIVE RIGHT TO JURY TRIAL FOR ANY DISPUTES NOT SUBJECT TO ARBITRATION.
16.5 Statute of Limitations
Claims must be brought within one (1) year of accrual or be forever barred, to the extent permitted by law.
16.6 Equitable Relief
Nothing prevents either party from seeking equitable relief (injunctions, specific performance) for:
Breach of confidentiality
Intellectual property violations
Ongoing breaches requiring immediate action
General Provisions
17.1 Governing Law
These Terms are governed by the laws of [State], without regard to conflict of laws principles.
17.2 Venue
Any disputes not subject to arbitration shall be brought exclusively in state or federal courts located in [County, State]. Parties consent to personal jurisdiction in such courts.
17.3 Entire Agreement
These Terms, together with Service Agreements and incorporated policies, constitute the entire agreement and supersede all prior negotiations, understandings, and agreements.
17.4 Amendments
XCorp may modify these Terms:
By posting updated Terms on website
With notice to Client
Changes effective 30 days after notice
Continued use constitutes acceptance
Material changes affecting paid Services:
Require express consent
Or become effective at renewal
Service Agreement amendments:
Require written agreement signed by both parties
17.5 Waiver
Failure to enforce any provision does not waive right to enforce later. Waiver of one breach does not waive subsequent breaches.
17.6 Severability
If any provision is found unenforceable:
Remaining provisions remain in effect
Unenforceable provision modified to extent necessary
To achieve intent to maximum extent possible
17.7 Assignment
Client may not assign:
Without XCorp’s prior written consent
Except to successor in merger or acquisition
Subject to assumption of obligations
XCorp may assign:
To affiliate or subsidiary
In connection with merger, acquisition, or sale of business
To financing parties as collateral
With notice to Client
17.8 Independent Contractors
Parties are independent contractors. Nothing creates:
Partnership or joint venture
Employment relationship
Agency relationship
Authority to bind other party
17.9 Third-Party Beneficiaries
No third-party beneficiaries except:
XCorp’s affiliates, officers, directors, employees, and agents (for indemnification and liability limitations)
17.10 Notices
Required notices must be in writing and delivered:
To XCorp: XCorp Technologies, LLC
Attn: Legal Department
[Street Address]
[City, State ZIP]
Email: legal@xcorptech.com
To Client: Address and email provided in Service Agreement or account
Effective:
Personal delivery: upon receipt
Email: upon transmission (with confirmation)
Mail: 3 business days after mailing
Overnight courier: 1 business day after sending
17.11 Headings
Headings are for convenience only and do not affect interpretation.
17.12 Counterparts
Agreements may be executed in counterparts, each constituting an original, all together one instrument.
17.13 Electronic Signatures
Electronic signatures are valid and binding as if original signatures.
17.14 Language
English language version controls over any translations.
17.15 Government Entities
Special terms may apply for government clients to comply with applicable procurement laws.
17.16 Export Controls
Client agrees to comply with all export control laws and not export or re-export Services or technology in violation of law.
17.17 Insurance
XCorp maintains:
Professional liability insurance
General liability insurance
Cyber liability insurance
Workers’ compensation insurance
Certificates available upon request.
17.18 Publicity
Neither party may use other party’s name, logos, or trademarks without prior written consent, except:
XCorp may list Client as customer (with consent)
XCorp may create case studies (with consent)
17.19 Feedback and Suggestions
XCorp welcomes feedback. Any suggestions or ideas become XCorp property without compensation or confidentiality obligations.
Contact Information
For questions about these Terms:
XCorp Technologies, LLC
[Street Address]
[City, State ZIP]
Phone: [Phone Number]
Email: legal@xcorptech.com
Website: www.xcorptech.com
General Support: support@xcorptech.com
Billing Questions: billing@xcorptech.com
Security Issues: security@xcorptech.com
BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
Last Updated: [Date]
DMCA COPYRIGHT POLICY
Digital Millennium Copyright Act (DMCA) Compliance Policy
Effective Date: [Date]
Last Updated: [Date]
Policy Overview
XCorp Technologies, LLC (“XCorp”) respects the intellectual property rights of others and expects users of our services to do the same. This policy outlines our procedures for responding to claims of copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512).
Repeat Infringer Policy
XCorp has adopted and reasonably implemented a policy that provides for termination, in appropriate circumstances, of accounts of users who are repeat infringers.
DMCA Notice of Alleged Infringement
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our services, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent with the following information in writing:
3.1 Required Information
Your DMCA notice must include:
Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material claimed to be infringing or subject of infringing activity, with information reasonably sufficient to permit us to locate the material (including URL or other specific location).
Your contact information sufficient to permit us to contact you, including:
Full legal name
Mailing address
Telephone number
Email address
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your physical or electronic signature (typed full legal name counts as electronic signature).
3.2 Deficient Notices
If your notice does not comply with Section 512(c)(3) of the DMCA, it may not be effective. If we cannot process your notice due to deficiencies, we will notify you and allow you to resubmit.
3.3 False Claims
Warning: Under 17 U.S.C. § 512(f), you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing. Courts have found that you must consider the existence of fair use before sending a takedown notification.
3.4 Submit Your Notice
Designated Copyright Agent:
XCorp Technologies, LLC
Attn: DMCA Agent / Legal Department
[Street Address]
[City, State ZIP]
Email: dmca@xcorptech.com
Phone: [Phone Number]
Fax: [Fax Number]
Please use “DMCA Notice” in subject line of emails or on envelope for postal mail.
Response to DMCA Notices
4.1 Processing Timeline
Upon receipt of a valid DMCA notice, we will:
Review the notice for completeness
Contact you if information is deficient
Take action within 2-5 business days of receiving valid notice
4.2 Actions We May Take
Remove or disable access to allegedly infringing material
Notify the user who posted the material
Provide copy of notice to affected user
Terminate repeat infringers’ accounts
4.3 Notification to User
We will make reasonable efforts to notify the user whose content is subject to the notice, providing:
Copy of the DMCA notice
Information about counter-notification procedure
Notice that material may be removed or access disabled
DMCA Counter-Notification
If you believe that material you posted was removed or access was disabled by mistake or misidentification, you may file a counter-notification.
5.1 Required Information
Your counter-notification must include:
Your physical or electronic signature
Identification of the material that was removed or disabled and the location where it appeared before removal
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
Your contact information, including:
Full legal name
Address
Telephone number
Email address
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or [Your District] if address is outside U.S.), and that you will accept service of process from the person who provided the original DMCA notice or an agent of such person
5.2 Submit Counter-Notification
Send counter-notification to our Designated Copyright Agent at addresses listed in Section 3.4 above.
Use “DMCA Counter-Notification” in subject line.
5.3 What Happens Next
Upon receipt of valid counter-notification:
We will forward copy to the original complainant
Inform them that we may restore the material in 10-14 business days
Restore the material 10-14 business days after receipt of counter-notification, unless our Designated Agent receives notice that complainant has filed court action to restrain the allegedly infringing activity
5.4 False Counter-Notifications
Warning: Under 17 U.S.C. § 512(f), you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material was removed or disabled by mistake or misidentification.
Repeat Infringer Policy
6.1 Account Termination
XCorp will, in appropriate circumstances, terminate accounts of users who are repeat infringers. This includes:
Users who have received multiple valid DMCA notices
Users who repeatedly post infringing material
Users who demonstrate pattern of infringement
6.2 Factors Considered
In determining whether user is repeat infringer, we consider:
Number of DMCA notices received
Whether material was removed in response
Whether counter-notifications were filed
Whether material was found to be infringing
User’s history and good faith
Other relevant circumstances
6.3 Appeal
Users whose accounts are terminated may appeal by:
Contacting legal@xcorptech.com
Providing explanation and evidence
Within 30 days of termination
Limitations and Disclaimers
7.1 No Obligation to Monitor
XCorp is not obligated to:
Monitor services for infringing material
Affirmatively seek facts indicating infringing activity
Determine whether material is actually infringing
7.2 No Liability
XCorp is not liable for:
Removing or disabling material in good faith response to DMCA notice
Restoring material pursuant to counter-notification
Actions taken pursuant to this policy
7.3 Service Provider Role
This policy applies to XCorp acting as service provider hosting content. Different procedures may apply for XCorp’s own content.
Other Intellectual Property
8.1 Trademark Claims
For trademark infringement claims, contact: legal@xcorptech.com
Include:
Description of trademark
Registration information (if applicable)
Description of allegedly infringing use
Your contact information
Statement of good faith belief
8.2 Patent Claims
For patent infringement claims, contact: legal@xcorptech.com
Patent claims are complex and require legal analysis beyond DMCA procedures.
8.3 Other IP Rights
For claims regarding other intellectual property rights, contact: legal@xcorptech.com
Modifications to Policy
XCorp reserves the right to modify this DMCA Policy at any time. Changes will be posted on our website with updated “Last Updated” date. Continued use of services constitutes acceptance of modified policy.
Additional Resources
DMCA Information:
U.S. Copyright Office: https://www.copyright.gov/
DMCA Text: https://www.copyright.gov/legislation/dmca.pdf
Legal Assistance: If you need legal advice regarding copyright matters, please consult an attorney. XCorp cannot provide legal advice.
Contact Information
For DMCA matters only:
XCorp Technologies, LLC
Attn: DMCA Agent
[Street Address]
[City, State ZIP]
Email: dmca@xcorptech.com
Phone: [Phone Number]
For other legal matters:
legal@xcorptech.com
For general inquiries:
info@xcorptech.com
This policy is effective as of [Date] and was last updated on [Date].
COOKIE POLICY
Effective Date: [Date]
Last Updated: [Date]
Introduction
This Cookie Policy explains how XCorp Technologies, LLC (“XCorp,” “we,” “us,” or “our”) uses cookies and similar tracking technologies on our website www.xcorptech.com (“Website”).
By using our Website, you consent to our use of cookies in accordance with this Cookie Policy. If you do not agree with our use of cookies, you should adjust your browser settings or not use our Website.
What Are Cookies?
Cookies are small text files that are placed on your computer or mobile device when you visit a website. Cookies are widely used to make websites work more efficiently and provide information to website owners.
Cookies typically contain:
Name of website that created the cookie
Duration of cookie (lifespan)
Unique number or identifier
Types of Cookies We Use
3.1 Essential Cookies
Purpose: Required for basic website functionality
These cookies are necessary for our Website to function properly and cannot be disabled.
Examples:
Session cookies for maintaining your session
Authentication cookies for security
Load balancing cookies for performance
Security cookies for preventing fraud
Duration: Session (deleted when you close browser) or short-term persistent
Legal Basis: Necessary for providing services you request
3.2 Functional Cookies
Purpose: Remember your preferences and choices
These cookies enable enhanced functionality and personalization.
Examples:
Language preference cookies
Region/location cookies
Display preference cookies
Accessibility setting cookies
Recently viewed items
Duration: Typically 6-12 months
Legal Basis: Legitimate interest in improving user experience; consent where required
You can disable these cookies, but some features may not function properly.
3.3 Analytics/Performance Cookies
Purpose: Help us understand how visitors use our Website
These cookies collect information about how you use our Website, such as:
Pages visited
Time spent on pages
Links clicked
Browser type
Referring website
Geographic location
Error messages
We use:
Google Analytics: Tracks website usage and performance
Internal analytics tools: Analyze user behavior
Information collected:
Is aggregated and anonymized
Cannot identify you personally
Helps us improve our Website
Duration: Typically 2 years
Legal Basis: Legitimate interest in analyzing website performance; consent where required
Opt-Out Options:
Google Analytics Opt-Out: https://tools.google.com/dlpage/gaoptout
Browser settings
Our cookie consent tool
3.4 Marketing/Advertising Cookies
Purpose: Deliver relevant advertisements and track campaign effectiveness
These cookies:
Track your visits across websites
Build profile of your interests
Show you targeted advertisements
Measure advertising effectiveness
Limit number of times you see an ad
We use:
Google Ads: Remarketing and conversion tracking
LinkedIn Insight Tag: B2B advertising and tracking
Facebook Pixel: (If applicable) Social media advertising
[Other platforms]: As specified in cookie consent tool
Duration: Typically 1-2 years
Legal Basis: Consent (required in most jurisdictions)
Opt-Out Options:
NAI Opt-Out: http://optout.networkadvertising.org/
DAA Opt-Out: http://optout.aboutads.info/
Your Online Choices (EU): http://www.youronlinechoices.eu/
Cookie consent tool preferences
Ad platform settings
3.5 Social Media Cookies
Purpose: Enable social media features and track social media activity
These cookies allow you to:
Share content on social media
See social media content embedded on our Website
Track effectiveness of social media campaigns
Platforms we use:
LinkedIn: Professional networking and B2B marketing
Twitter: Social sharing
YouTube: Video content
[Others]: As indicated on Website
Third-party privacy policies apply:
These cookies are controlled by social media companies
Subject to their privacy policies
We do not control their use
Duration: Varies by platform
Legal Basis: Consent; legitimate interest
Control options:
Cookie consent tool
Social media platform settings
Browser settings
Similar Technologies
4.1 Web Beacons (Pixels)
Small graphic images embedded in web pages or emails that:
Track whether you opened an email
Track whether you viewed a page
Collect information about your device
Work in conjunction with cookies
4.2 Local Storage
Technology that stores data locally in your browser:
Similar to cookies but can store more data
Persist until manually deleted
Used for application functionality
4.3 Session Storage
Temporary storage cleared when you close browser tab:
Used for session management
Improves performance
Enhances user experience
4.4 SDKs and APIs
Software development kits and interfaces that:
Enable third-party integrations
Collect usage information
Provide enhanced functionality
Third-Party Cookies
Our Website uses services from third parties who may set their own cookies:
5.1 Third-Party Services
Analytics:
Google Analytics
[Other analytics providers]
Advertising:
Google Ads
LinkedIn Ads
[Other ad platforms]
Customer Support:
Live chat providers
Help desk software
Content Delivery:
Video hosting (YouTube, Vimeo)
Content delivery networks
Marketing Automation:
Email marketing platforms
CRM systems
5.2 Third-Party Privacy Policies
Third parties have their own privacy policies:
We do not control third-party cookies
Third parties are responsible for their practices
Review their privacy policies for details
Key third-party policies:
Google: https://policies.google.com/privacy
LinkedIn: https://www.linkedin.com/legal/privacy-policy
[Others as applicable]
Managing Your Cookie Preferences
6.1 Cookie Consent Tool
When you first visit our Website, you’ll see a cookie banner allowing you to:
Accept all cookies
Reject non-essential cookies
Customize cookie preferences
Learn more about cookies
Access cookie settings anytime:
Click cookie preferences link in footer
Adjust settings in your account (if applicable)
Use browser settings
6.2 Browser Settings
All browsers allow you to:
Block all cookies
Block third-party cookies
Delete existing cookies
Automatically delete cookies when you close browser
Browser-specific instructions:
Google Chrome: Settings → Privacy and Security → Cookies and other site data
Mozilla Firefox: Options → Privacy & Security → Cookies and Site Data
Safari: Preferences → Privacy → Cookies and website data
Microsoft Edge: Settings → Privacy, search and services → Cookies and site data
Mobile Browsers: Similar settings available in mobile browser apps
6.3 Opt-Out Tools
Industry opt-out tools:
NAI Opt-Out: http://optout.networkadvertising.org/
DAA Opt-Out: http://optout.aboutads.info/
European Interactive Digital Advertising Alliance: http://www.youronlinechoices.eu/
Platform-specific opt-outs:
Google Ads Settings: https://adssettings.google.com/
Facebook Ad Preferences: https://www.facebook.com/ads/preferences/
LinkedIn Ad Settings: https://www.linkedin.com/psettings/advertising
6.4 Mobile Device Settings
iOS: Settings → Privacy → Tracking → Allow Apps to Request to Track
Android: Settings → Google → Ads → Opt out of Ads Personalization
6.5 Do Not Track (DNT)
Currently, our Website does not respond to “Do Not Track” browser signals as there is no industry standard for DNT compliance. We will update this policy if our practices change.
Impact of Blocking Cookies
7.1 Essential Cookies
Blocking essential cookies will:
Prevent proper website functioning
Disable critical features
Require you to log in repeatedly
Impact security features
We recommend not blocking essential cookies.
7.2 Non-Essential Cookies
Blocking non-essential cookies may:
Affect website performance
Prevent certain features from working
Require you to re-enter preferences
Result in less relevant advertising
Limit analytics insights
You can browse without non-essential cookies, but experience may be degraded.
Cookies and Personal Data
8.1 Personal Information
Some cookies may collect personal information:
When combined with other data, cookies may identify you
Information collected is subject to our Privacy Policy
We process cookie data in accordance with privacy laws
8.2 Data Protection Rights
You have rights regarding personal data collected via cookies:
Access your data
Correct inaccurate data
Request deletion
Opt out of certain processing
Lodge complaint with supervisory authority
See our Privacy Policy for full details on your rights.
8.3 Children’s Privacy
Our Website is not directed to children under 16:
We do not knowingly collect data from children
If you believe we’ve collected children’s data, contact us
We will promptly delete such data
International Users
9.1 Data Transfers
Cookies may transfer data internationally:
Data may be processed in United States or other countries
Where we operate or our service providers are located
These countries may have different data protection laws
9.2 Adequate Protections
We implement appropriate safeguards:
Standard contractual clauses
Privacy Shield frameworks (where applicable)
Other legally approved mechanisms
9.3 EU/EEA Users
For EU/EEA users:
We comply with GDPR cookie requirements
Obtain consent before placing non-essential cookies
Provide granular cookie controls
Allow easy withdrawal of consent
Cookies Lifespan
10.1 Session Cookies
Temporary cookies deleted when you close browser
Used for essential functionality
Do not collect long-term data
10.2 Persistent Cookies
Remain on your device for set period
Or until you delete them
Lifespan varies by cookie type and purpose
Typical lifespans:
Essential cookies: Session or up to 1 year
Functional cookies: 6 months to 2 years
Analytics cookies: 2 years
Marketing cookies: 1-2 years
Social media cookies: Varies by platform
Updates to Cookie Policy
11.1 Changes
We may update this Cookie Policy to reflect:
Changes in our practices
New technologies
Legal requirements
Cookie types we use
11.2 Notification
We will notify you of material changes by:
Posting updated policy on Website
Updating “Last Updated” date
Cookie banner notification (for significant changes)
Email notification (for substantial changes)
11.3 Your Acceptance
Continued use after changes constitutes acceptance:
Review policy periodically for updates
Contact us with questions
Adjust cookie preferences if needed
Contact Us
12.1 Questions About Cookies
For questions about our use of cookies:
XCorp Technologies, LLC
[Street Address]
[City, State ZIP]
Email: privacy@xcorptech.com
Phone: [Phone Number]
Website: www.xcorptech.com
12.2 Privacy Inquiries
For general privacy questions, see our Privacy Policy or contact:
privacy@xcorptech.com
12.3 Data Protection Officer
If required by law, our Data Protection Officer:
dpo@xcorptech.com
Additional Information
13.1 Cookie List
Detailed list of cookies used on our Website:
[Would typically include table with columns: Cookie Name, Provider, Purpose, Type, Duration]
Essential Cookies:
Cookie Name
Provider
Purpose
Duration
SESSIONID
XCorp
Session management
Session
auth_token
XCorp
Authentication
24 hours
Analytics Cookies:
Cookie Name
Provider
Purpose
Duration
_ga
Analytics
2 years
_gid
Analytics
24 hours
Marketing Cookies:
Cookie Name
Provider
Purpose
Duration
_gcl_au
Ad tracking
90 days
li_sugr
B2B advertising
90 days
This is a representative list. Full list available in cookie consent tool.
13.2 Regular Audits
We regularly audit cookies:
Review cookies in use
Ensure compliance with policy
Update cookie list
Remove unnecessary cookies
13.3 Cookie Statement
This Cookie Policy supplements our:
Privacy Policy
Terms of Service
Other legal notices
In case of conflict with Privacy Policy, Privacy Policy prevails for personal data matters.