1. Who We Are
These Terms are an agreement between you and Xstream Elite (“Xstream,” “we,” “us,” or “our”). References to the “Services” include our website, newsletters, digital resources, events, consulting, coaching, strategy, production, marketing, AI, technology, and other offerings.
2. Eligibility and Authority
You must be at least 18 years old and legally able to enter into a binding agreement. If you use the Services for a business or organization, you represent that you have authority to bind it to these Terms.
3. Website and Account Use
You agree to provide accurate information, protect your login credentials, and promptly notify us of suspected unauthorized use. You may not:
- use the Services unlawfully, fraudulently, or to infringe another person’s rights;
- interfere with security, availability, or normal operation of the Services;
- scrape, reverse engineer, copy, resell, or exploit the Services except as expressly permitted;
- upload malicious code or content that is illegal, deceptive, defamatory, or infringing; or
- misrepresent your identity, affiliation, results, or authority.
4. Engagements and Statements of Work
Specific consulting, coaching, production, or implementation work may be governed by a proposal, order form, statement of work, or separate agreement (“Engagement Agreement”). If an Engagement Agreement conflicts with these Terms, the Engagement Agreement controls for that engagement. Scope, deliverables, responsibilities, timing, fees, and revision limits are only those expressly stated in the applicable Engagement Agreement.
5. Client Responsibilities
You are responsible for timely access, approvals, accurate information, lawful instructions, and materials needed to perform the Services. Delays in feedback, access, payment, or approvals may change timelines and costs. You retain responsibility for business decisions and for reviewing all deliverables before publication or use.
6. Subscriptions, Fees, and Payment
Prices, billing frequency, and included features are shown at checkout or in your Engagement Agreement. Unless stated otherwise:
- subscription charges are billed in advance and automatically renew at the then-current rate until canceled;
- you authorize us and our payment processor to charge your selected payment method;
- fees exclude applicable taxes, which you are responsible for paying;
- failed or overdue payments may result in suspended access, collection costs, or termination; and
- you must cancel before the next billing date to avoid the next recurring charge.
You can request cancellation using the account controls provided or by emailing us. Cancellation stops future renewal and does not normally create a refund for an already-billed period.
7. Refunds
If a subscription page expressly offers a 14-day money-back guarantee for the first month, an eligible first-time customer may request it within 14 calendar days of the initial payment. This guarantee does not apply to custom engagements, completed work, third-party costs, advertising spend, event tickets, donations, or accounts that materially used or downloaded the Services, unless required by law or agreed in writing. Other payments are nonrefundable once work begins.
8. Intellectual Property
We retain ownership of our pre-existing materials, methods, templates, frameworks, software, prompts, processes, know-how, branding, and general skills (“Background Materials”). Subject to full payment, you receive the ownership or license rights expressly stated in the applicable Engagement Agreement. If no rights are stated, we grant you a limited, nonexclusive, nontransferable license to use the final deliverable internally for its intended business purpose.
You retain ownership of materials you provide. You grant us a limited license to use them to perform the Services. You represent that you have all permissions needed for us to use those materials as instructed.
9. AI-Assisted Services
Some Services may use artificial intelligence or automated tools. AI output can be incomplete, inaccurate, similar to third-party content, or unsuitable for a particular use. You are responsible for human review, fact-checking, permissions, disclosures, and legal or regulatory compliance before using AI-assisted output. We do not guarantee that AI output is unique, copyrightable, error-free, or accepted by any platform.
10. Marketing, Advertising, and Results
We do not guarantee revenue, leads, rankings, media coverage, funding, political outcomes, platform approval, or any specific business result. Testimonials, projections, examples, and prior results are illustrative and do not promise future performance. Platforms, algorithms, laws, markets, and customer behavior can change outside our control.
11. Third-Party Services
The Services may link to or depend on third-party platforms, processors, software, websites, or integrations. Their terms and privacy practices govern your use of them. We are not responsible for third-party availability, policies, content, security, price changes, account decisions, or performance.
12. Foundation and Donations
Commercial purchases from Xstream Elite are not charitable donations merely because a portion of proceeds may support a foundation or cause. Direct donations may be processed by a separate charitable organization or processor and may be governed by separate terms. Tax deductibility depends on the receiving organization, applicable law, and your circumstances; consult a qualified tax adviser.
13. Confidentiality
Each party will use reasonable care to protect nonpublic information identified as confidential or that reasonably should be understood as confidential. This does not cover information that is public through no breach, already lawfully known, independently developed, or lawfully received from another source. Disclosure may be made when legally required.
14. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” We disclaim implied warranties, including merchantability, fitness for a particular purpose, noninfringement, and uninterrupted or error-free operation. Our Services are not legal, tax, accounting, investment, medical, or other licensed professional advice.
15. Limitation of Liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, data, goodwill, or business opportunity. Our total liability arising from the Services will not exceed the amount you paid us for the specific Service giving rise to the claim during the six months before the event giving rise to liability. These limits do not apply where prohibited by law.
16. Indemnification
You agree to defend, indemnify, and hold us and our personnel harmless from third-party claims arising from your supplied materials, unlawful instructions, misuse of the Services, violation of these Terms, or infringement of another person’s rights.
17. Suspension and Termination
We may suspend or terminate access for nonpayment, security risk, unlawful conduct, material breach, or conduct that could harm us, our clients, or others. Provisions that by their nature should survive termination—including payment, intellectual property, confidentiality, disclaimers, liability limits, and dispute provisions—will survive.
18. Governing Law and Disputes
These Terms are governed by the laws of Texas, without regard to conflict-of-law principles. Before filing a claim, each party agrees to give written notice and attempt in good faith to resolve the dispute informally for at least 30 days. Unless an Engagement Agreement states otherwise, courts with jurisdiction in Texas will have exclusive jurisdiction, subject to applicable consumer-protection law.
19. Changes to These Terms
We may update these Terms by posting a revised version and changing the effective date. Material changes will apply prospectively. Continued use after the revised Terms take effect constitutes acceptance to the extent permitted by law.
20. General Terms
These Terms and any applicable Engagement Agreement are the entire agreement about the Services. If a provision is unenforceable, it will be limited or removed without affecting the remainder. A waiver must be in writing. You may not assign your rights without our consent; we may assign these Terms in connection with a reorganization, financing, merger, sale, or transfer of the business. Neither party is liable for delay caused by events beyond reasonable control.
21. Contact
Questions or legal notices may be sent to info@xstreamelite.com.