1. Purpose and acceptance

These terms (the "Terms") govern access to and use of the XP ONE platform, its browser extension and related services (the "Service"), provided by LEADSMIND AI LTD, a company incorporated in England and Wales under number 17014114, whose registered office is at 167-169 Great Portland Street, London W1W 5PF, United Kingdom ("XP ONE", "we", "us").

Creating an account or subscribing constitutes unreserved acceptance of these Terms by the customer (the "Customer", "you"). These Terms prevail over any conflicting document issued by the Customer, including its own purchase terms.

2. Definitions

  • Account: the personal space giving access to the Service.
  • Credits: units deducted when contact enrichment operations are performed.
  • Lead: a business contact record collected, imported or enriched through the Service.
  • Extension: the XP ONE browser extension enabling data collection from third-party platforms.
  • Third-Party Platforms: including LinkedIn, WhatsApp and any third-party service the Service interacts with.

3. Eligibility — business use only

The Service is exclusively intended for business customers acting in the course of their trade, business, craft or profession, and aged 18 or over. By subscribing, you represent and warrant that you are acting for business purposes and not as a consumer.

Accordingly, consumer protection provisions, including any right of withdrawal or cancellation, do not apply. If you are not acting in a business capacity, you must not use the Service.

4. Account and security

You are responsible for the accuracy of the information you provide, for keeping your credentials confidential and for all activity carried out from your Account. Sharing an Account between several users is prohibited. You must notify us without delay of any unauthorised access.

5. Description and evolution of the Service

The Service is provided on a SaaS basis. The features available depend on the plan subscribed, as described on the pricing page in force on the date of subscription.

The Service evolves continuously. We may add, modify or withdraw features. Where a material feature is withdrawn, we will give you at least 30 days' notice; you may then terminate free of charge before it takes effect.

6. Third-Party Platforms — key clause

The Service interacts with Third-Party Platforms over which we have no control.

You acknowledge and accept that:

  1. XP ONE is not affiliated with, partnered with or endorsed by LinkedIn, Meta/WhatsApp or any other Third-Party Platform;
  2. it is your responsibility to review and comply with the terms of use of each Third-Party Platform you use through the Service;
  3. the use of automation tools may, depending on each Third-Party Platform's own policies, result in restriction, limitation or suspension of your account on that platform;
  4. XP ONE shall not be liable for any such restriction, suspension or closure, nor for any resulting loss of data, contacts, conversations or business opportunities;
  5. any change, unavailability or technical evolution of a Third-Party Platform may degrade or interrupt all or part of the features, without this constituting a breach on our part.

The Service includes volume limits and pacing mechanisms. You must not circumvent them.

7. Customer obligations

You undertake to:

  • use the Service in compliance with applicable law, in particular data protection and commercial prospecting rules;
  • have a valid lawful basis for any processing of prospect data carried out through the Service, to inform data subjects and to honour their requests without delay, in particular objection requests;
  • not use the Service to send unlawful, misleading, defamatory, harassing or spam content;
  • not resell, sublicense, rent or make the Service available to third parties, nor use it to provide a competing service;
  • not attempt to access the source code, decompile it, circumvent security measures or overload the infrastructure (automated mass extraction, unauthorised load testing).

You will indemnify us against any third-party claim arising from your breach of these obligations.

8. Prices, invoicing and payment

Prices are stated in euros or US dollars, exclusive of any applicable taxes, on the pricing page in force. LEADSMIND AI LTD is not registered for UK VAT as at the date of these Terms; no VAT is charged. Any tax, duty or withholding due in your country remains your responsibility.

Payment is made by card through Stripe, an independent payment provider. Subscriptions are payable in advance for each period (monthly or annual) and charged automatically on renewal.

In the event of non-payment, access to the Service may be suspended after a reminder has remained unanswered for 7 days. Late payment interest at the statutory rate applicable to commercial transactions accrues automatically on unpaid sums.

We may change our prices. Any increase is notified at least 30 days before it takes effect and applies only from the following renewal; you may terminate before that date.

9. Term, renewal and termination

The subscription is entered into for the period chosen (monthly or annual) and renews automatically for an identical period.

You may terminate at any time from your Account or by email to contact@xp-one.io. Termination takes effect at the end of the current period; the Service remains accessible until that date. No pro rata refund is due for a period already started.

We may terminate on 30 days' notice, with a pro rata refund of the unused portion of the period paid for.

On expiry, access is closed. You are solely responsible for exporting your data before that date (an export function is available in the Service). We retain your data for 30 days after the end of the subscription to allow recovery, then delete or anonymise it, save where retention is legally required.

10. Enrichment Credits

  • A number of Credits is granted on subscription and on each renewal. Unused Credits are added to your existing balance and remain usable for as long as the subscription is active.
  • Additional Credit packs may be purchased separately. They are paid in advance and non-refundable.
  • Credits are deducted when an enrichment is requested, according to the schedule displayed in the Service. Where an enrichment request returns no result, the corresponding Credits are automatically returned to your balance.
  • Credits have no monetary value, cannot be transferred, exchanged or redeemed for cash, and are forfeited when the Account is closed.

11. Commercial guarantees

Any performance guarantee attached to your plan is set out in the Refund and Guarantee Policy, which forms an integral part of these Terms. Save for those express guarantees, no commercial outcome is guaranteed: the Service is a tool whose performance depends on your market, your offer, your messaging and your usage.

12. Availability and support

We use reasonable endeavours to keep the Service available, without any service level agreement (SLA) or guarantee of continuous availability, unless separately agreed in writing. Interruptions for maintenance, updates or technical reasons may occur.

Support is provided by email at contact@xp-one.io, in English and French, on business days.

13. Intellectual property

The Service, its code, interfaces, trade marks and documentation remain the exclusive property of LEADSMIND AI LTD. For the duration of your subscription, you are granted a personal, non-exclusive, non-transferable and revocable right of use, limited to your internal business needs.

Content you create or import (messages, templates, lead files) remains yours. You grant us the licence strictly necessary to host and operate the Service.

We may freely use your feedback and suggestions to improve the Service, without compensation.

14. Personal data

Processing of data relating to you is described in the Privacy Policy.

For prospect data you process through the Service, you act as controller and XP ONE as processor. That relationship is governed by the Data Processing Addendum (DPA), appended to and accepted with these Terms.

15. Confidentiality

Each party undertakes not to disclose the other's confidential information, during the term of the contract and for 3 years thereafter. Information that is public, independently developed, or whose disclosure is legally required, is excluded.

16. Liability

The Service is provided "as is". To the extent permitted by law, we exclude all implied warranties of fitness for a particular purpose or of commercial outcome.

Our total aggregate liability, on any basis whatsoever, is capped at the amount actually paid by you for the Service during the twelve (12) months preceding the event giving rise to the claim.

We shall in no event be liable for indirect losses, including: loss of revenue, loss of profit, loss of customers, loss of business opportunity, loss of or damage to data, reputational harm, and any restriction, suspension or closure of an account on a Third-Party Platform.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.

17. Suspension and termination for breach

We may suspend access immediately, without compensation, in the event of: persistent non-payment, unlawful use or use manifestly contrary to clauses 6 and 7, a security risk, or an order from an authority. Except in cases of urgency or manifest illegality, suspension is preceded by a formal notice that has remained unanswered for 7 days.

18. Force majeure

Neither party is liable for a failure caused by an event beyond its reasonable control, including: infrastructure provider outage, cyber-attack, decision of a Third-Party Platform, network failure, natural disaster or act of a public authority.

19. Changes to the Terms

We may amend these Terms. Any material change is notified by email or within the Service at least 30 days before it takes effect. Continued use after that date constitutes acceptance. Failing agreement, you may terminate before it takes effect.

20. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.

Any dispute falls within the exclusive jurisdiction of the courts of England and Wales. The parties will first attempt to reach an amicable resolution within 30 days of written notice of the dispute.

21. Miscellaneous

  • Assignment: you may not assign the contract without our written consent. We may assign it in connection with a corporate transaction or business transfer.
  • Severability: if any clause is held invalid, it shall be deemed removed and the remainder shall continue in force.
  • No waiver: failure to enforce a clause does not constitute a waiver of it.
  • Entire agreement: these Terms, the Privacy Policy, the DPA, the Cookie Policy, the Refund and Guarantee Policy and, where applicable, the Pulsar/Quasar Service Terms constitute the entire agreement between the parties.
  • Third parties: no third party may enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
  • Language: in the event of any discrepancy between the French and English versions, the English version prevails.

Contact: contact@xp-one.io — LEADSMIND AI LTD, 167-169 Great Portland Street, London W1W 5PF, United Kingdom.