Terms of service

XDP Advanced Dynamic AI Systems LLC, EIN 61-2328038, 5900 Balcones Drive STE 100, Austin, Texas 78731, United States. Provider: Xavier de Poorter.

These terms are aimed at business clients (companies, associations, public bodies, self-employed professionals acting in a business capacity). They are not an offer to consumers under consumer law.

Legal effect: presumption of professional capacity; liability limitation and rights-assignment clauses apply within mandatory law.

If a site page conflicts with a signed document, precedence is:

1. dated amendment or addendum signed by both parties; 2. signed quote or purchase order and attached or incorporated statement of work; 3. signed NDA or data processing agreement (DPA) where applicable; 4. these general terms (version in force on the quote signature date).

Public pricing, marketing pages and oral discussions do not change contractual scope unless restated in a signed document.

Legal effect: the enforceable contract is what is signed; the site sets the general framework for engagements that expressly refer to it.

The invoiced price covers professional services, not the sale of a black-box software licence or a forced subscription. Specifically, you pay for:

• expertise (analysis, architecture, technical choices, guidance); • engineering (design, integration, configuration, development of specific parts); • deployment and go-live of the requested tools in your infrastructure (or the one you designate); • documentation, handover and, where agreed, training under the contract.

The exact scope — tools, deliverables, milestones, environments — is defined only by the signed quote and, where applicable, the attached or incorporated statement of work. Any out-of-scope addition requires a written amendment.

Legal effect: contract for intellectual services (obligation of means), unless a quantified result is expressly agreed in writing. The provider is not bound to achieve a commercial outcome or revenue for the client.

The order becomes binding upon written acceptance of the quote (or purchase order) and, per agreed terms, receipt of the deposit. Public site pricing is indicative; only the signed quote governs price, scope and milestones.

Legal effect: the signed quote is the framework contract for the engagement. Failure to pay a due instalment may lead to suspension of work after formal notice remains ineffective.

Deliverables rely largely on open-source components (operating system, frameworks, libraries, Shaper OS core) and, where relevant, AI agents or models as execution tools. The provider assembles, configures and adapts these blocks to the statement of work — it claims no ownership over third-party components.

A general functional idea, a common screen or an instruction like “do this” does not, on its own, constitute an exclusive asset: AI and vibe coding allow similar builds without copying your case file.

Legal effect: compliance with applicable open-source licences; no proprietary licence resale over third-party blocks. What is invoiced is expertise, engineering and deployment under the contract, not a monopoly on an idea.

Unless otherwise agreed in writing, after full payment of amounts due for the engagement, code elements and deliverables produced specifically for you (configuration, business scripts, related documentation) are assigned to you for operation in your perimeter: use, modification, operation, with no ongoing fee to the provider.

The system is deployed to run on your side (your servers, cloud accounts under your control, your backups), per the statement of work.

Legal effect: assignment of proprietary rights on commissioned specific creations, within what was paid for. Open-source components and the Shaper OS core remain under their original licences; the client benefits through deployment, without transfer of rights those licences do not allow.

Data generated by your activity in the deployed tools (clients, files, records, databases, business logs) belongs to you. The provider does not own or resell it.

It is hosted and processed, wherever possible, in your infrastructure or accounts you control. You may export, copy or migrate it without a prior “restitution” request: access to your data is not a commercial lock.

During the engagement, the provider may act as a technical processor for processing needed to perform the contract, within agreed scope and under confidentiality. It does not reuse your data to train models or for another client.

Legal effect: you remain responsible for your business data processing (controller under GDPR where it applies). The provider does not exercise a retention right over your files to obtain payment beyond what the signed contract provides.

The provider’s methods, know-how, architecture patterns and non-confidential building blocks may be reused for other engagements. Building, for another client, a tool addressing a similar need — including via AI agents — is not a breach of these terms, provided the first client’s data, secrets and confidential specifications are not reused.

Sector or functional exclusivity exists only if a separate, dated, signed clause describes it precisely and narrowly (documented trade secret, non-public algorithm or process, etc.). An app idea, standard UX flow or generic feature creates no implied exclusivity.

The provider may cite the engagement as a commercial reference, without naming the client or disclosing items covered by confidentiality or NDA.

Legal effect: no implied exclusivity over ideas; client secrets protected by NDA and law; lawful reuse of the provider’s general know-how, forbidden only for expressly exclusive or confidential items.

The provider is bound by an obligation of means: to apply expertise, engineering and deployment per the statement of work and industry standards, without guaranteeing an economic or technical outcome not written into the contract.

Financial liability is capped at fees actually paid for the engagement in question over the prior twelve months, except gross negligence or bodily harm. The client remains responsible for backups, day-to-day operation and business compliance.

Legal effect: contractual liability cap (valid between professionals within applicable law); the client cannot attribute to the provider consequences of out-of-scope use or missing backups on their side.

When a milestone or deliverable is handed over, the provider notifies the client in writing (email or handover record). The client has fifteen (15) calendar days to raise motivated written reservations, limited to deviations from the signed statement of work and quote.

If no reservations are raised within that period, the deliverable is deemed accepted for that phase, without prejudice to mandatory legal warranties between professionals.

Assignment of rights on commissioned specific creations takes effect after full payment of amounts due for the engagement or accepted milestone, as stated in the quote.

Legal effect: certain acceptance date; bounded reservations; assignment aligned with contractual payment.

Commercial relations are governed by the laws of the State of Texas, United States, without prejudice to mandatory consumer protections in the European Union where they apply.