Terms of Use
These Terms of Use (“Terms”) govern your access to and use of xspotindia.com (the “Site”) and the services offered by Xspot India (“Xspot,” “we,” “us,” or “our”). By accessing the Site, submitting an inquiry, starting a free trial, or engaging an engineer through Xspot, you agree to be bound by these Terms. If you do not agree, please do not use the Site or our services.
1. Description of Services
Xspot provides dedicated, embedded software engineering talent — including AI/ML, Blockchain, Full Stack, Frontend, DevOps, Mobile, QA, CMS, E-Commerce, and Automation engineers — who work exclusively with a client’s team on a contracted basis (“Services”). Xspot is a staffing and talent-matching provider; we are not a party to the work product itself beyond facilitating the engagement and ensuring engineer quality and fit.
2. Eligibility
Our Services are intended for businesses and individuals acting in a professional or business capacity. By using the Site or engaging our Services, you confirm that you are at least 18 years old and have the authority to enter into these Terms on behalf of yourself or the company you represent.
3. The Engagement Process
Engagements with Xspot generally follow this process:
- Discovery Call — an initial call to understand your technical requirements, team structure, and timeline.
- Engineer Matching — Xspot shortlists vetted engineers matched to your stated needs; you select the engineer you wish to engage.
- 20-Hour Free Trial — your selected engineer works on a real task from your pipeline at no cost, with no obligation to continue.
- Paid Engagement — if you choose to proceed, a monthly engagement begins under the commercial terms agreed separately (see Section 5).
Xspot aims to embed an engineer within 7 days of the Discovery Call but does not guarantee this timeline in every circumstance (e.g., highly specialized stack requirements, engineer availability).
4. Free Trial Terms
The 20-hour free trial is offered at Xspot’s discretion and is subject to the following:
- The trial is limited to one engineer per active inquiry unless otherwise agreed.
- There is no obligation to continue to a paid engagement after the trial.
- Work completed during the trial belongs to the client under the same intellectual property terms as a paid engagement (see Section 7), provided the client does not request modifications that would unreasonably extend the trial’s scope.
- Xspot reserves the right to limit, modify, or discontinue the free trial offer at any time.
5. Fees & Payment
Paid engagements are billed as a fixed monthly invoice as agreed between Xspot and the client prior to engagement start. [Insert: payment terms — e.g., net 15/30, accepted payment methods, currency, late payment policy, and cancellation notice period.]
This section needs your actual commercial terms filled in — I haven’t seen your invoicing process, payment cycle, or cancellation notice period anywhere on the public site, so I can’t draft this accurately. This is one of the more important sections from a business-risk standpoint; don’t publish it with placeholder text.
6. Replacement Guarantee
If an engaged engineer is not the right fit, Xspot will replace them within 48 hours of written notice from the client, at no additional cost. This guarantee applies to fit and competency issues identified in good faith; it does not cover terminations resulting from a client’s own change in project scope, budget, or business needs after engagement has begun.
7. Intellectual Property
All code, designs, documentation, and other work product created by an Xspot-placed engineer specifically for a client, during the course of a paid engagement (or trial, per Section 4), is owned by the client upon full payment for the relevant period.
Xspot retains ownership of its own pre-existing tools, internal processes, vetting methodologies, and any general-purpose code, libraries, or frameworks not created specifically for the client.
This is the single most important clause in the whole document for a staffing business model — IP ownership disputes are the most common source of conflict between agencies and clients. I’ve written a standard “client owns deliverables, you own your internal tools” structure, but this absolutely should be reviewed by a lawyer against your actual contracts, not just this public-facing page, since your real engagement agreements (the ones clients actually sign) should match this language exactly.
8. Confidentiality
Both parties agree to keep confidential any proprietary, technical, or business information disclosed during an engagement, and to use it solely for the purpose of delivering the Services. This obligation survives the termination of any engagement. Detailed confidentiality and NDA terms are governed by the separate engagement agreement signed at the start of a paid relationship.
9. Client Responsibilities
Clients are responsible for providing engineers with necessary access, tools, and information required to perform the work, for timely communication and feedback, and for ensuring their own systems and data are lawfully obtained and do not infringe third-party rights.
10. Termination
Either party may terminate an ongoing engagement with [Insert: required notice period, e.g., 15 or 30 days’ written notice]. Xspot reserves the right to suspend or terminate access to the Site or Services immediately in cases of misuse, non-payment, or breach of these Terms.
11. Disclaimers
The Site and Services are provided “as is” without warranties of any kind, express or implied. While Xspot vets engineers for experience and skill, we do not guarantee specific business outcomes, project timelines beyond stated commitments, or that any engineer’s work will be entirely free of defects.
12. Limitation of Liability
To the fullest extent permitted by law, Xspot’s total liability arising from or related to the Services shall not exceed the total fees paid by the client in the [Insert: e.g., three months] preceding the claim. Xspot is not liable for indirect, incidental, or consequential damages, including loss of profits or data.
Limitation-of-liability caps are heavily scrutinized in court if a real dispute arises — the bracketed period and any cap amount should be set deliberately with legal input, not left as a generic placeholder.
13. Indemnification
You agree to indemnify and hold Xspot harmless from any claims, damages, or expenses arising from your misuse of the Services, violation of these Terms, or infringement of any third-party rights through materials or instructions you provide to an engaged engineer.
14. Governing Law & Dispute Resolution
These Terms are governed by the laws of India, without regard to conflict-of-law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of [Insert: e.g., Ahmedabad, Gujarat].
15. Changes to These Terms
We may update these Terms from time to time. Continued use of the Site or Services after changes are posted constitutes acceptance of the revised Terms.
16. Contact Us
Questions about these Terms can be directed to:
Xspot India
Ahmedabad, India
Email: hello@xspotindia.com
Phone: +91 90232 70889