Terms of Service

These Terms of Service govern access to and use of the Xathos website and describe the general terms that apply when a person or business engages Xathos for outbound, cold outreach, lead-generation, messaging, campaign, infrastructure, or related services.

By using the website, contacting Xathos, requesting information, booking a strategy call, accepting a proposal, signing a client agreement, paying an invoice, or receiving services from Xathos, you acknowledge that you have read and understood these Terms of Service and agree to the terms that apply to your activity.

If you do not agree with these Terms of Service, do not use the website or engage Xathos. A signed proposal, statement of work, master services agreement, order form, invoice, or other written client agreement may contain additional or different terms. If there is a conflict, the signed client agreement controls for that engagement.

About Xathos

Xathos is a sole proprietorship operating from BKC, Mumbai, India.

Xathos provides outbound strategy, cold outreach systems, campaign infrastructure, messaging support, lead-generation operations, deliverability support, reply management, and related services for businesses.

The exact scope of each engagement depends on the proposal, client agreement, service plan, written instructions, and communications accepted by both parties.

Website Use

The website is provided for general business information and to help prospective clients understand Xathos services. You may use it only for lawful purposes and in a way that does not interfere with the website, its security, its availability, or the rights of other people.

You must not:

• use the website for fraud, deception, abuse, or unlawful activity;
• attempt unauthorized access to the website, systems, accounts, or data;
• interfere with website security or availability;
• introduce malware, harmful code, automated attacks, or unauthorized scraping;
• impersonate another person or business;
• submit information you do not have the right to provide; or
• transmit unlawful, abusive, threatening, defamatory, or infringing material.

Xathos may restrict or suspend access where reasonably necessary for security, maintenance, legal compliance, or protection of the business and its users.

Services

Xathos may provide an end-to-end cold outreach system depending on the client’s needs and the agreed scope. Services may include:

• outbound strategy, campaign planning, and ideal customer profile refinement;
• offer, positioning, messaging, and copy development;
• prospecting and lead-research support;
• campaign infrastructure, domain, DNS, sender, or mailbox configuration where agreed;
• deliverability planning, outreach workflow setup, automation, and process design;
• campaign management, reply monitoring, classification, and follow-up support;
• meeting-booking coordination, reporting, performance review, and optimization; and
• modification, maintenance, and management of the agreed outreach system.

Not every service is included in every engagement. Xathos will perform only the services included in the applicable proposal, agreement, order, or written scope. Additional work may require a separate fee, revised scope, or written approval.

Client Plans and Engagement Models

The commercial structure depends on the service requested. An engagement involving full system setup, implementation, and ongoing management may include a one-time setup fee together with a recurring retainer. A one-time setup engagement may carry a project fee. Other work may use a custom structure agreed in writing.

The applicable proposal, invoice, statement of work, or client agreement controls the specific services, price, billing schedule, deliverables, term, and responsibilities for that engagement.

Client Onboarding

Before starting work, Xathos may request information needed to understand the client’s business, offer, target market, sales process, and campaign requirements.

The client agrees to provide accurate, complete, and reasonably current information and to promptly provide approvals, access, decisions, campaign information, offer details, brand guidance, target-account information, and other materials reasonably required to begin or continue the work.

Delays caused by missing information, late approvals, unavailable access, changes in direction, or delayed responses may affect timelines and deliverables. Xathos is not responsible for delays caused by information or approvals the client has not provided.

Client Responsibilities

The client remains responsible for the accuracy, legality, and suitability of its business, offer, claims, products, services, target market, prospect instructions, and commercial decisions.

The client must ensure that information, contact lists, instructions, claims, and materials provided to Xathos may lawfully be used for the intended purpose. The client must not instruct Xathos to create or distribute deceptive, fraudulent, unlawful, abusive, discriminatory, misleading, or infringing content.

Xathos does not provide legal, regulatory, tax, accounting, or compliance advice, and does not guarantee that a campaign complies with every law that may apply to the client, its industry, or its target market. The client should obtain qualified advice where needed.

Xathos may refuse, pause, modify, or terminate work that it reasonably believes may create legal, ethical, security, deliverability, or reputational risk.

Outreach Execution

Where agreed, Xathos may operate or support outreach systems on behalf of the client. This may include campaign setup, sending workflows, sequencing, follow-ups, reply monitoring, lead qualification, meeting coordination, technical maintenance, and related operational work.

Xathos may use third-party tools, platforms, infrastructure, domains, email systems, data services, automation tools, or communication systems as reasonably necessary. Their availability, performance, policies, limits, and decisions are outside Xathos’s complete control.

A provider may suspend an account, change an API, modify a policy, limit sending, delay delivery, restrict access, or remove functionality. Xathos will use reasonable efforts to manage the agreed system, but cannot guarantee that third-party platforms will remain available or unchanged.

Booked Meetings and Handoff

Where meeting booking is included, Xathos may monitor replies, identify potentially qualified opportunities according to agreed criteria, coordinate scheduling, and hand booked meetings to the client.

The client is responsible for attending meetings, preparing for conversations, conducting sales calls, following up, managing the sales process, and deciding whether a meeting is commercially qualified.

A booked meeting does not guarantee a sale, contract, revenue, payment, or long-term customer relationship. Qualification criteria may change based on the client’s offer, market, sales process, feedback, and campaign performance.

No General Performance Guarantee

Unless a separate written agreement expressly says otherwise, Xathos does not guarantee a specific number of leads, replies, booked meetings, sales calls, conversions, customers, revenue, return on investment, inbox placement, deliverability result, domain reputation, response rate, or campaign outcome.

Targets or benchmarks discussed during a strategy call are planning conversations and are not binding performance guarantees unless expressly included in a signed written agreement.

Campaign results depend on factors outside Xathos’s control, including the client’s offer, pricing, market, reputation, sales process, target audience, timing, data quality, approvals, response handling, platform rules, deliverability conditions, and broader market conditions.

Xathos will use commercially reasonable efforts to perform the agreed work, but effort and implementation do not guarantee a particular business result.

Fees and Payment

Fees are determined by the applicable proposal, invoice, statement of work, or client agreement and may include a setup fee, project fee, recurring retainer, maintenance fee, or other agreed charge.

Payment is generally due in advance unless the parties agree otherwise in writing. The client is responsible for accurate billing information and payment of undisputed amounts by the applicable due date.

The client may not withhold, reduce, or offset payment because of a separate dispute unless the parties agree in writing or applicable law requires otherwise.

Xathos may pause setup, outreach, support, maintenance, meeting handling, or other services if payment is materially overdue. The client remains responsible for amounts incurred before suspension or termination.

Taxes and Third-Party Charges

Unless stated otherwise, fees do not include taxes, duties, government charges, platform charges, domain charges, mailbox costs, advertising costs, software subscriptions, data costs, payment-processing charges, or other third-party costs.

The client is responsible for taxes and charges that apply to its purchase or use of the services, except for taxes imposed on Xathos’s net income. Approved third-party costs paid by Xathos on the client’s behalf may be charged to the client.

Changes to Scope

Xathos will determine whether a requested change fits within the existing scope or requires additional time, fees, resources, or a revised agreement. Material changes may affect timelines, deliverables, campaign strategy, system design, meeting criteria, or monthly fees.

Xathos may pause work on a requested change until the parties agree on the revised scope or price.

Internal AI Systems and Proprietary Methods

Xathos may use internal artificial-intelligence systems, automations, prompts, workflows, playbooks, templates, databases, tools, methods, processes, and other internal systems to provide services. Those systems and methods are owned or controlled by Xathos unless a written agreement states otherwise.

The client does not automatically receive source code, model access, internal prompts, proprietary workflows, backend access, system architecture, internal dashboards, training material, or unrestricted access to Xathos’s internal AI systems.

Where a paid engagement includes use of an Xathos-created system, the client may use the relevant system or output only to the extent permitted by the applicable agreement. Any license, access right, or usage right is limited to the scope, purpose, term, and users stated in that agreement.

The client may not copy, resell, sublicense, reverse engineer, extract, reproduce, distribute, or commercially exploit Xathos’s proprietary systems or internal methods without written permission. Xathos may use general skills, ideas, techniques, experience, and non-confidential know-how developed while providing services, without disclosing client confidential information.

Client Materials and Ownership

The client retains ownership of materials, information, data, brand assets, offer details, account information, and other content it provides to Xathos. The client grants Xathos limited permission to use those materials only as reasonably necessary to provide the agreed services.

Subject to payment of applicable fees, the client may use final client-specific deliverables as permitted by the applicable proposal or agreement.

Xathos retains ownership of pre-existing materials, general frameworks, templates, internal systems, tools, workflows, methods, know-how, and reusable components used to create or deliver the work. Payment does not transfer ownership of Xathos’s underlying systems or internal AI infrastructure unless a written agreement says otherwise.

Confidentiality

Each party may receive confidential information from the other party. Confidential information may include business plans, customer information, campaign information, pricing, technical details, credentials, processes, strategies, and non-public materials.

The receiving party will use confidential information only for the relevant engagement, protect it using reasonable care, and disclose it only to people or providers who need it for an authorized purpose and are subject to appropriate confidentiality obligations.

Confidentiality obligations do not apply to information that is public without breach, already lawfully known, independently developed without use of the other party’s information, or lawfully received without a duty of confidentiality. A party may disclose information when required by law after giving notice where legally permitted.

Cancellation and Refunds

Refunds, credits, cancellation fees, and payment adjustments are governed by the applicable proposal, statement of work, invoice, or written client agreement.

Unless a written agreement expressly provides otherwise, fees for completed work, performed setup, incurred third-party costs, and services delivered during an applicable notice or billing period are not refundable. Nothing in these Terms excludes a refund or remedy that cannot lawfully be excluded.

Representations and Disclaimers

Xathos will provide the agreed services using commercially reasonable care and skill. Except as expressly stated in a signed written agreement, the website and services are provided without a guarantee of uninterrupted availability, error-free operation, specific campaign performance, specific revenue, or a particular commercial result.

Xathos does not guarantee that messages will be delivered, opened, read, or answered, or that a domain, mailbox, email account, platform, IP address, sender identity, or campaign will avoid spam filters, blocklists, restrictions, complaints, throttling, suspension, or reputation changes.

Xathos does not guarantee the accuracy, completeness, legality, availability, or suitability of information supplied by a client or third-party provider. The client remains responsible for reviewing and approving material that represents its business, offer, claims, products, or services.

Limitation of Liability

To the maximum extent permitted by applicable law, Xathos will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost opportunities, lost data, loss of goodwill, business interruption, or cost of substitute services arising from or related to the website or services.

To the maximum extent permitted by applicable law, Xathos’s total aggregate liability arising out of or relating to an engagement will not exceed the fees actually paid to Xathos for the specific services giving rise to the claim during the three months immediately before the event giving rise to the claim.

This limitation does not apply to liability that cannot legally be limited or excluded. The parties may agree to a different liability allocation in a signed written client agreement.

Indemnity

To the extent permitted by law, the client agrees to defend, indemnify, and hold harmless Xathos and its representatives from claims, losses, liabilities, damages, penalties, costs, and reasonable professional fees arising out of:

• the client’s products, services, offer, claims, or business practices;
• materials or data supplied by the client;
• the client’s violation of law or third-party rights;
• the client’s instructions or misuse of the services;
• the client’s outreach activity or contact lists; or
• the client’s breach of the applicable agreement or failure to obtain a required permission, notice, authorization, or license.

Xathos will provide reasonable notice of a covered claim where permitted and cooperate reasonably at the client’s expense. The indemnifying party will not settle a claim in a way that admits fault by or imposes an obligation on the protected party without that party’s written consent.

Force Majeure

Xathos is not responsible for delay or failure caused by events beyond reasonable control, including internet or infrastructure failure, platform outages, provider restrictions, changes in law, government action, natural disaster, war, civil unrest, labor disruption, epidemic, cyberattack, power failure, supply interruption, or other events that could not reasonably be prevented or overcome.

The affected party will use reasonable efforts to resume performance when practical.

Notices

A notice under these Terms may be sent by email to the address associated with the engagement or to help@xathos.com. A notice is considered received when the receiving party can reasonably access it, unless applicable law requires a different rule. The parties may agree to additional notice procedures in a signed client agreement.

Changes to These Terms

Xathos may update these Terms of Service when the website, services, business model, technology, or legal requirements change. The updated version will be posted on this page with a revised date and version. Changes apply to website use after posting. For an existing client engagement, the signed proposal or client agreement controls unless the parties agree to apply updated terms.

No Waiver

If Xathos does not immediately enforce a provision of these Terms, that does not waive the right to enforce it later. A waiver must be specific and must not be treated as a waiver of any other provision or future breach.

Severability

If any provision of these Terms is held invalid, unlawful, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, and the remaining provisions will remain in effect.

Assignment

The client may not assign or transfer its rights or obligations under these Terms without Xathos’s prior written consent, except where the applicable agreement expressly permits it.

Xathos may assign or transfer these Terms in connection with a reorganization, sale, merger, financing, or transfer of the relevant business or assets, subject to applicable law.

Entire Agreement

These Terms, together with any applicable proposal, statement of work, invoice, order form, or signed client agreement, describe the agreement between the parties regarding the relevant subject matter.

A signed client agreement may add to, replace, or override these website Terms for the specific engagement. No statement made during a call, message, or informal discussion changes the written agreement unless confirmed in writing by an authorized representative.

Governing Law and Disputes

Xathos is based in India, while many clients may operate from the United States or other countries.

The governing law, venue, jurisdiction, arbitration rules, and dispute process for a specific client engagement should be stated in the applicable signed client agreement. If that agreement contains a governing-law or dispute-resolution clause, it controls.

If no separate written agreement addresses those matters, applicable law will govern. The parties will attempt in good faith to resolve a dispute through direct written communication before starting formal proceedings. Nothing in these Terms prevents a party from seeking urgent relief where necessary to protect confidential information, intellectual property, security, or other rights.

No Legal Advice

Xathos is a cold outreach agency, not a law firm. Nothing on the website, in a strategy call, or in the services should be treated as legal, regulatory, tax, accounting, or compliance advice.

The client should consult qualified legal and professional advisers regarding outreach practices, privacy obligations, electronic communications, data use, advertising claims, industry regulations, and target-market requirements.

Contact

For questions about these Terms of Service, contact help@xathos.com.

Xathos operates from BKC, Mumbai, India.