Terms of Service

By accessing or using XsitPlan (“Platform,” “Service,” or “we,” “us,” “our”), operated by Pivot Point Media Holdings, a Delaware entity, you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to all of these Terms, you may not access or use the Platform.

We reserve the right to update or modify these Terms at any time. Continued use of the Platform after any changes constitutes your acceptance of the revised Terms. Material changes will be communicated via email or a prominent notice on the Platform at least 14 days before taking effect.

Age requirement. You must be at least 18 years of age to create an account or use any part of the Platform. By using XsitPlan, you represent and warrant that you are 18 years of age or older. We do not knowingly collect information from or provide services to individuals under 18. If we become aware that a user is under 18, we will promptly terminate that account.

Capacity and authority. You represent that you have the legal capacity to enter into a binding contract in your jurisdiction, that you are not prohibited from receiving services under applicable law, and that all information you provide to XsitPlan is accurate, current, and complete.

Business use. The Platform is designed for business purposes. You represent that your intended use is lawful in the jurisdiction(s) in which you operate or intend to operate your business.

XsitPlan is an AI-powered software-as-a-service platform that (a) analyzes a user's self-reported profile, skills, interests, and goals to generate personalized business opportunity recommendations, and (b) upon a user's selection of a business concept, provisions a suite of digital business infrastructure on the user's behalf, which may include domain registration, website creation, payment processing setup, customer relationship management (CRM) configuration, and AI-powered automated agents.

The Platform is offered under the following subscription tiers (subject to change upon notice):

• Spark Plan — $49 per month. Entry-level access to AI business recommendations and core infrastructure provisioning.
• Grow Plan — $149 per month. Expanded feature set including enhanced AI agents, marketing tools, and growth integrations.
• Studio Plan — $349 per month. Full-featured access including advanced automation, priority support, and premium infrastructure options.
• Activation Fee (optional) — A one-time, non-refundable fee of $97 may apply to certain onboarding services as disclosed at checkout.

Feature availability varies by plan and is described in detail on the XsitPlan pricing page. We reserve the right to modify, enhance, or discontinue features at any time, subject to the notice obligations set forth in these Terms.

4.1 Nature of recommendations. XsitPlan uses artificial intelligence and machine learning models to analyze your self-reported profile and generate business concept suggestions. These recommendations are exploratory in nature and reflect patterns in training data as well as your input — they are not the result of professional business consulting, market research specific to your geography or circumstances, financial analysis, or legal review.

4.2 No professional advice. Nothing in the Platform, including any AI-generated content, business plans, strategy summaries, financial projections, or infrastructure templates, constitutes financial, tax, legal, accounting, investment, or any other form of professional advice. You should consult qualified professionals — including attorneys, accountants, and business advisors — before making any significant business decision.

4.3 No guarantee of results. XsitPlan makes no representations, warranties, or guarantees regarding the viability, profitability, marketability, or legality of any business idea recommended through the Platform. Business success depends on numerous factors entirely outside our control, including your skills, effort, market conditions, competition, local regulations, and economic conditions. Past performance of similar business models — if referenced — does not guarantee future results.

4.4 User responsibility for verification. Before acting on any recommendation generated by XsitPlan, you are solely responsible for independently verifying the accuracy, legality, and suitability of the proposed business concept, including but not limited to: market research, competitive analysis, regulatory compliance (including licenses, permits, and registrations), tax implications, and financial feasibility.

4.5 AI limitations. AI models may produce inaccurate, incomplete, outdated, or contextually inappropriate outputs. XsitPlan does not warrant the accuracy or completeness of any AI-generated content. You agree not to rely on AI outputs as a substitute for professional judgment.

5.1 XsitPlan's role. XsitPlan is a technology platform and infrastructure provisioning service. Our role is limited to: (a) generating AI-powered business opportunity recommendations, and (b) provisioning digital business infrastructure — such as domain names, websites, payment processing accounts, CRM systems, and AI automation tools — on your behalf and at your direction. XsitPlan does not operate, manage, co-own, or participate in any business launched using the Platform.

5.2 You are the sole business owner and operator. Upon selecting a business concept and completing provisioning, you are and remain the sole owner and operator of your business. You have full and exclusive control over all business decisions, including but not limited to: business strategy, hiring, customer relations, pricing, marketing, product or service offerings, contracts, financial management, and day-to-day operations.

5.3 Third-party services. Infrastructure provisioned through XsitPlan may involve third-party service providers (including but not limited to domain registrars, website hosting providers, Stripe, Netlify, and GoHighLevel). Your use of those third-party services is subject to their respective terms of service and privacy policies. XsitPlan is not a party to your agreements with those third parties and is not responsible for their availability, performance, or actions.

5.4 No employment or partnership. Nothing in these Terms or your use of the Platform creates an employment relationship, partnership, joint venture, franchise, or agency relationship between you and XsitPlan or Pivot Point Media Holdings.

5.5 Regulatory compliance is your responsibility. You are solely responsible for ensuring that your business complies with all applicable laws, regulations, ordinances, and industry standards in every jurisdiction in which you operate, including but not limited to: business registration and licensing, consumer protection laws, data privacy and protection laws, tax and financial reporting obligations, employment laws, and industry-specific regulations.

6.1 Payment processing. All subscription fees and one-time charges are processed by Stripe, Inc. (“Stripe”). By providing payment information, you authorize Pivot Point Media Holdings and Stripe to charge your designated payment method for all applicable fees. Your use of Stripe's payment services is also governed by Stripe's Terms of Service and Privacy Policy.

6.2 Subscription terms and auto-renewal. Subscriptions are billed on a recurring monthly basis beginning on the date you subscribe (“Billing Date”). Subscriptions automatically renew at the end of each billing period unless you cancel prior to the renewal date. By subscribing, you expressly authorize XsitPlan to charge your payment method on each Billing Date without further action on your part.

6.3 Cancellation. You may cancel your subscription at any time through your account settings or by contacting support at legal@xsitplan.com. Cancellation takes effect at the end of the current billing period. You will retain access to the Platform until the end of the period for which you have already been charged. We do not offer mid-cycle refunds for unused portions of a monthly subscription except as required by applicable law.

6.4 Activation fee. The one-time Activation Fee of $97, where applicable, is non-refundable under all circumstances. This fee covers onboarding configuration, initial infrastructure provisioning tasks, and setup services that are performed immediately upon payment. By paying the Activation Fee, you acknowledge its non-refundable nature and consent to the immediate commencement of services.

6.5 Refund policy. Except as expressly stated in these Terms or as required by applicable consumer protection law, all subscription fees are non-refundable. If you cancel mid-cycle, you will not receive a refund for the remainder of the billing period. We do not provide pro-rata refunds for partial months.

6.6 Plan changes. You may upgrade or downgrade your subscription plan at any time. Upgrades take effect immediately; the price difference for the remainder of the current billing cycle will be charged on a pro-rata basis. Downgrades take effect at the start of the next billing cycle; no credit or refund is issued for the difference in the current period.

6.7 Price changes. We reserve the right to change subscription pricing at any time. We will provide at least 30 days' prior written notice of any price increases via email to your registered address. Continued use of the Platform after a price change takes effect constitutes your acceptance of the new pricing.

6.8 Failed payments and suspension. If a payment fails, we will attempt to retry the charge. If we are unable to collect payment, we reserve the right to suspend or terminate your access to the Platform. You remain responsible for all outstanding balances. Accounts suspended for non-payment may be subject to data deletion in accordance with our data retention policies.

6.9 Taxes. Subscription fees are exclusive of applicable taxes. You are responsible for all taxes, levies, or duties imposed by taxing authorities in connection with your subscription, except for taxes on XsitPlan's net income. Where required by law, XsitPlan will collect and remit applicable taxes.

You agree to use the Platform only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you agree that you will not, and will not permit or facilitate any third party to:

• Use the Platform to establish, promote, or operate any business that violates applicable local, state, federal, or international laws or regulations, including but not limited to businesses engaged in fraud, deception, illegal financial services, unlicensed pharmaceutical sales, trafficking, exploitation, or any other unlawful activity.
• Misrepresent your identity, qualifications, experience, financial situation, or intentions when using the Platform or its AI recommendation features, whether to circumvent limitations or to manipulate the AI outputs.
• Attempt to reverse engineer, decompile, disassemble, extract, or otherwise derive the source code, underlying models, algorithms, or trade secrets of the Platform or any of its components.
• Systematically scrape, harvest, or extract data from the Platform, including AI-generated business recommendations, using automated means without prior written consent.
• Abuse, stress-test, or exploit the AI systems in ways not intended by normal use, including crafting adversarial inputs designed to manipulate, destabilize, or extract proprietary training information from AI models.
• Use the Platform to generate content or business plans intended to deceive consumers, investors, or financial institutions, including the creation of fictitious businesses for fraudulent purposes.
• Resell, sublicense, or commercially exploit the Platform or its outputs without our prior written consent.
• Engage in any conduct that interferes with, disrupts, or creates an undue burden on the Platform's servers, networks, or infrastructure.
• Upload, transmit, or distribute any malicious code, viruses, trojans, or other harmful software through the Platform.
• Use the Platform in any manner that could bring XsitPlan, Pivot Point Media Holdings, or its affiliates into disrepute.

We reserve the right, but not the obligation, to monitor your use of the Platform for compliance with these acceptable use requirements. Violations may result in immediate suspension or termination of your account without refund and, where appropriate, referral to law enforcement authorities.

8.1 XsitPlan's intellectual property. XsitPlan and Pivot Point Media Holdings own all right, title, and interest in and to the Platform, including without limitation the software, algorithms, AI models, user interfaces, design elements, trade secrets, trademarks, service marks, logos, documentation, and all other content created by or for XsitPlan (“Platform IP”). All rights not expressly granted to you in these Terms are reserved by XsitPlan.

8.2 Limited license to you. Subject to your compliance with these Terms and payment of applicable fees, XsitPlan grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your personal and internal business purposes in accordance with these Terms. This license does not include any right to resell, sublicense, or make derivative works of the Platform or its outputs.

8.3 Your content and business assets. You retain full ownership of all original content you create, upload, or provide to the Platform (“User Content”), and of all business assets generated and owned by your business, including your business name, website content, brand assets, customer data, and proprietary materials. You grant XsitPlan a limited, non-exclusive license to process and use your User Content solely to the extent necessary to provide the services described in these Terms.

8.4 AI-generated outputs. Business recommendations, website copy, and other content generated by the Platform's AI systems in response to your input are provided to you for your use. You are responsible for reviewing AI-generated content for accuracy, originality, and legal compliance before use in your business. XsitPlan does not warrant that AI-generated outputs are free from third-party intellectual property claims, and you assume all risk associated with using such outputs in your business.

8.5 Feedback. If you submit suggestions, ideas, or feedback about the Platform (“Feedback”), you grant XsitPlan a royalty-free, worldwide, irrevocable, perpetual license to use, incorporate, and commercialize such Feedback without any obligation to you.

9.1 General indemnification. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless XsitPlan, Pivot Point Media Holdings, and their respective officers, directors, employees, agents, licensors, service providers, successors, and assigns (collectively, the “XsitPlan Parties”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your access to or use of the Platform.
• Any business you establish, operate, or wind down using recommendations, infrastructure, or tools provided through the Platform.
• The products or services you sell or offer through any business provisioned by XsitPlan.
• Any claim by a third party — including customers, vendors, employees, partners, regulators, or government authorities — arising from your business activities.
• Your failure to comply with applicable laws, regulations, tax obligations, licensing requirements, or industry standards in connection with your business.
• Any contractual obligations you enter into with third parties in connection with your business.
• Your violation of these Terms or any applicable law or regulation.
• Your infringement, misappropriation, or violation of any intellectual property right or other right of any third party.
• Any representation or warranty made by you to a third party that is inaccurate, misleading, or fraudulent.
• Any negligence, willful misconduct, or fraud by you or your agents, employees, or contractors.

9.2 XsitPlan not responsible for business outcomes. You expressly acknowledge and agree that XsitPlan is a technology platform — not a business advisor, partner, investor, or guarantor. XsitPlan's provision of infrastructure, AI recommendations, and automation tools does not make us a party to your business, and we are explicitly not responsible for:

• The success, failure, profitability, or financial performance of any business you launch.
• Customer satisfaction, complaints, refund demands, or legal claims arising from your business's products, services, or conduct.
• Your business's compliance with applicable laws, including but not limited to consumer protection, data privacy, employment, tax, and licensing requirements.
• Any debt, liability, contractual obligation, or regulatory penalty incurred by your business.
• Third-party claims arising from your use of AI-generated content, website copy, or business recommendations.

9.3 Defense and cooperation. XsitPlan reserves the right, at your expense, to assume exclusive control of the defense of any matter subject to indemnification by you. In such case, you agree to cooperate with XsitPlan in asserting available defenses and to provide all information and assistance reasonably requested. You may not settle any claim that imposes any obligation, restriction, or liability on any XsitPlan Party without XsitPlan's prior written consent.

10.1 Exclusion of consequential damages. To the maximum extent permitted by applicable law, in no event will the XsitPlan Parties be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to: loss of profits, loss of revenue, loss of business, loss of anticipated savings, loss of data, loss of goodwill, business interruption, or the cost of substitute services — even if XsitPlan has been advised of the possibility of such damages and even if a remedy fails of its essential purpose.

10.2 Aggregate liability cap. To the maximum extent permitted by applicable law, XsitPlan's total aggregate liability to you for any and all claims arising out of or related to these Terms or the Platform, whether in contract, tort (including negligence), strict liability, or otherwise, will not exceed the total subscription fees actually paid by you to XsitPlan in the three (3) calendar months immediately preceding the event giving rise to the claim. The one-time Activation Fee is excluded from this calculation.

10.3 Essential basis. The parties acknowledge that the limitations of liability in this Section 10 reflect a reasonable allocation of risk and form an essential basis of the bargain between you and XsitPlan. Without these limitations, XsitPlan would not be able to provide the Platform at the fees charged.

10.4 Jurisdictional exceptions. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. To the extent that applicable law restricts these limitations, the limitations in this section will apply to the maximum extent permitted by law.

The Platform is provided “as is” and “as available” without any warranty of any kind. To the fullest extent permitted by applicable law, XsitPlan expressly disclaims all warranties, whether express, implied, or statutory, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Warranties that the Platform will be uninterrupted, timely, secure, or error-free.
• Warranties regarding the accuracy, completeness, or reliability of any AI-generated content, business recommendations, or information provided through the Platform.
• Warranties that defects or errors in the Platform will be corrected.
• Warranties regarding the results that may be obtained from use of the Platform.
• Warranties regarding any third-party services, platforms, or tools integrated with or provisioned through the Platform.

XsitPlan does not warrant that the Platform is appropriate for use in any particular jurisdiction or that use of the Platform in certain jurisdictions is not prohibited by applicable law. You are responsible for determining the legality of your use of the Platform in your jurisdiction.

Your use of the Platform involves the collection and processing of personal data. Our full Privacy Policy is available at xsitplan.com/privacy. This Section summarizes key privacy terms and the rights of users subject to the EU General Data Protection Regulation (“GDPR”) and other applicable data protection laws.

12.1 Data controller. Pivot Point Media Holdings acts as the data controller in respect of personal data collected through the Platform. For GDPR-related inquiries, contact us at legal@xsitplan.com.

12.2 Lawful bases for processing. We process your personal data on the following lawful bases:

• Contract performance: Processing necessary to provide the services you have subscribed to, including account management, billing, and infrastructure provisioning.
• Legitimate interests: Processing for fraud prevention, platform security, service improvement, and aggregate analytics, where these do not override your fundamental rights.
• Legal obligation: Processing required to comply with applicable laws, tax regulations, and lawful orders from regulatory authorities.
• Consent: Where we rely on consent (e.g., marketing communications), you may withdraw consent at any time without affecting the lawfulness of prior processing.

12.3 Categories of personal data collected. We collect information you provide directly (such as name, email, professional background, and payment information), information generated through your use of the Platform (such as session data, usage logs, and AI interaction history), and information from third-party integrations you authorize.

12.4 Data retention. We retain personal data for as long as necessary to provide the services, comply with legal obligations, resolve disputes, and enforce our agreements. Account data is typically retained for the duration of your active subscription and for up to 24 months following account termination, after which it is deleted or anonymized, unless longer retention is required by law. Payment records are retained as required by applicable financial and tax regulations.

12.5 Your data subject rights. If you are located in the European Economic Area (EEA), United Kingdom, or another jurisdiction with applicable data protection laws, you have the following rights:

• Right of access: You have the right to request a copy of the personal data we hold about you.
• Right to rectification: You have the right to request correction of inaccurate or incomplete personal data.
• Right to erasure ("right to be forgotten"): You have the right to request deletion of your personal data, subject to certain exceptions (e.g., data we are legally required to retain).
• Right to data portability: You have the right to receive your personal data in a structured, commonly used, machine-readable format, and to transmit it to another controller.
• Right to restriction of processing: You have the right to request that we restrict the processing of your personal data in certain circumstances.
• Right to object: You have the right to object to processing based on legitimate interests, including profiling for direct marketing purposes.
• Rights related to automated decision-making: Where we make decisions based solely on automated processing (including profiling) that produce legal or similarly significant effects, you have the right to request human review.

To exercise any of these rights, please submit a request to legal@xsitplan.com. We will respond within the timeframes required by applicable law (typically 30 days for GDPR requests). We may need to verify your identity before processing your request.

12.6 Right to lodge a complaint. If you believe that our processing of your personal data violates applicable data protection law, you have the right to lodge a complaint with the supervisory authority in your EU member state or the relevant data protection authority in your jurisdiction. In the UK, this is the Information Commissioner's Office (ICO). We encourage you to contact us first so we may attempt to resolve your concern.

12.7 International transfers. As a company based in the United States, personal data collected from users in the EEA or UK may be transferred to and processed in the United States. We implement appropriate safeguards for such transfers in accordance with applicable data protection law, which may include Standard Contractual Clauses approved by the European Commission.

12.8 Third-party processors. We use third-party service providers to help operate the Platform, including Stripe (payment processing), Netlify (hosting), GoHighLevel (CRM), and MongoDB (database infrastructure). These providers act as data processors on our behalf and are bound by data processing agreements consistent with applicable data protection law.

13.1 Termination by you. You may cancel your subscription and terminate your account at any time. Termination instructions are available in your account settings. Following termination, you will retain access to the Platform until the end of your current billing period. No refund will be issued for unused portions of the period, except as required by law.

13.2 Termination by XsitPlan. We reserve the right to suspend or terminate your account and access to the Platform, with or without notice, if we reasonably believe that you have:

• Violated any provision of these Terms, including the Acceptable Use Policy.
• Provided false or misleading information to obtain access to the Platform.
• Failed to make timely payment of fees.
• Engaged in conduct that poses a legal, reputational, or security risk to XsitPlan or other users.
• Been subject to a court order or regulatory action that requires us to suspend services.

13.3 Effect of termination. Upon termination of your account for any reason: (a) your license to use the Platform immediately terminates; (b) you remain obligated to pay all outstanding fees; (c) we may, in our discretion, delete your account data in accordance with our data retention policy; and (d) all provisions of these Terms that by their nature should survive termination — including the Indemnification, Limitation of Liability, Governing Law, and Disclaimer sections — will survive.

13.4 Data export. Following cancellation and prior to account deletion, you may request an export of your personal data by contacting legal@xsitplan.com. Third-party infrastructure provisioned through the Platform (e.g., your domain, website, CRM) may remain accessible through the respective third-party providers, subject to their terms.

We reserve the right to modify, update, or replace these Terms at any time. We will provide notice of material changes via email to your registered email address and/or via a prominent notice within the Platform at least 14 days before the changes take effect. For non-material changes (such as clarifications, corrections, or updates required by law), changes may take effect immediately.

Your continued use of the Platform after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must cancel your subscription and cease using the Platform before the effective date of the changes. Subscription fees paid before the effective date of any price change will not be retroactively adjusted.

15.1 Governing law. These Terms and any dispute or claim arising out of or relating to them, their subject matter, or their formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to conflict of law principles.

15.2 Jurisdiction. Subject to the arbitration provisions below, you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware for any legal action arising out of or relating to these Terms or the Platform. You waive any objection to such jurisdiction and venue, including any objection that such courts are an inconvenient forum.

15.3 Informal dispute resolution. Before initiating any formal legal proceeding, you agree to first contact XsitPlan at legal@xsitplan.com and provide a written description of your dispute. The parties agree to attempt to resolve the dispute through good-faith negotiation for at least 30 days following receipt of the written notice.

15.4 Binding arbitration. If the parties are unable to resolve a dispute through informal negotiation, any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Platform will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration will be conducted in Delaware. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.5 Class action waiver. You agree that any arbitration or legal proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15.6 Exceptions. Notwithstanding the arbitration clause, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm. The arbitration clause does not affect rights you may have under applicable consumer protection or data protection law.

15.7 GDPR users. For users in the EEA or UK, nothing in these dispute resolution provisions affects your right to lodge complaints with relevant data protection authorities as described in Section 12.

16.1 Entire agreement. These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and XsitPlan with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

16.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions will continue in full force and effect.

16.3 Waiver. No waiver by XsitPlan of any term or condition of these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by XsitPlan to assert a right or provision under these Terms will not constitute a waiver of that right or provision.

16.4 Assignment. You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. XsitPlan may freely assign these Terms in connection with a merger, acquisition, sale of assets, or operation of law. These Terms will be binding upon and inure to the benefit of the parties' permitted successors and assigns.

16.5 Force majeure. XsitPlan will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, or actions of government authorities.

16.6 No third-party beneficiaries. These Terms are for the sole benefit of you and XsitPlan. Nothing in these Terms creates any third-party beneficiary rights.

16.7 Headings. Section headings are for convenience only and have no legal or contractual effect.

16.8 Electronic communications. By using the Platform, you consent to receive electronic communications from us, including notices, agreements, and disclosures. You agree that electronic communications satisfy any legal requirement that such communications be in writing.

If you have any questions, concerns, or requests regarding these Terms of Service, or if you wish to exercise your rights under applicable data protection laws, please contact us:

For GDPR data subject requests, include “Data Subject Request” in your email subject line. We will respond within 30 days of receiving a verifiable request.