Third Post-Energy & ETRM

USA Office

1795 N Fry Rd, Suite 290

Katy, TX 77499

Office +(713) 493-7210

Mexico Office

General Fortunato Zuazua #29

Naucalpan Estado de Mexico

(55) 1685-8263

Privacy Policy

Privacy Policy
Effective Date: 01/01/2025
Last Updated: 05/27/2025

1. Introduction
XCellat Consulting, Inc. (“we,” “our,” or “us”) respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard information when you visit our website www.xcellat.com and use our services.

2. Information We Collect
Personal Information:
• Contact details (name, email, phone number, business address)
• Professional information (company, job title, industry)
• Communication preferences and interaction history
• Payment and billing information for services

Technical Information:
• IP address, browser type, and operating system
• Website usage data, pages visited, time spent
• Device information and access times
• Cookies and similar tracking technologies

Business Information:
• Project requirements and specifications
• Technical documentation and system configurations
• Performance metrics and analytics data

3. How We Use Your Information
We use collected information to:
• Provide and improve our ETRM, nearshoring, digital transformation, and AI services
• Communicate about projects, updates, and support
• Process payments and manage contracts
• Analyze website performance and user experience
• Comply with legal obligations and industry regulations
• Protect against fraud and security threats

4. Information Sharing and Disclosure
We may share your information with:
• Service Providers: Third-party vendors who assist in operations (cloud hosting, payment processing, analytics)
• Business Partners: Authorized partners like AuraQuantic for joint service delivery
• Legal Requirements: When required by law, regulation, or legal process
• Business Transfers: In connection with mergers, acquisitions, or asset sales

We do not sell personal information to third parties for marketing purposes.

5. Data Security
We implement appropriate technical and organizational measures including:
• Encryption of data in transit and at rest
• Access controls and authentication systems
• Regular security assessments and monitoring
• SOC 2 Type II compliance
• ISO 27001 certified security practices

6. International Data Transfers
Our services may involve data transfers to countries outside your jurisdiction. We ensure adequate protection through:
• Standard Contractual Clauses (SCCs)
• Adequacy decisions where applicable
• Appropriate safeguards for cross-border transfers

7. Your Rights
Depending on your location, you may have rights to:
• Access and review your personal information
• Correct or update inaccurate data
• Delete your personal information
• Restrict or object to processing
• Data portability
• Withdraw consent where applicable

To exercise these rights, contact us at: privacy@xcellat.com

8. Data Retention
We retain personal information for as long as necessary to:
• Provide ongoing services
• Comply with legal obligations
• Resolve disputes and enforce agreements
• Maintain business records per regulatory requirements

9. Cookies and Tracking
Our website uses cookies and similar technologies to:
• Remember your preferences and settings
• Analyze website traffic and performance
• Provide personalized content and advertising
• Enable social media features

You can manage cookie preferences through your browser settings.

10. Third-Party Services
Our website may contain links to third-party services including:
• Social media platforms
• Partner websites (XTerion.com)
• Analytics providers (Google Analytics, Microsoft Clarity)

This Privacy Policy does not apply to third-party services.

11. Children’s Privacy
Our services are not directed to individuals under 18. We do not knowingly collect personal information from children.

12. Changes to This Policy
We may update this Privacy Policy periodically. Material changes will be communicated through:
• Website notices
• Email notifications to registered users
• Updated effective dates

13. Contact Information
For privacy-related questions or concerns:
Email: privacy@xcellat.com
Address: XCellat Consulting INC.
1795 N Fry Rd, Suite 290
Katy, TX 77499
Phone: +(713) 493-7210

Terms of Service

Terms of Service
Effective Date: 01/01/2025
Last Updated: 05/27/2025

1. Acceptance of Terms
By accessing and using XCellat Consulting’s website and services, you agree to be bound by these Terms of Service and all applicable laws.

2. Description of Services
XCellat provides:
• ETRM (Energy Trading & Risk Management) consulting and implementation
• Nearshoring services and talent acquisition
• Digital transformation using AuraQuantic platform
• AI solutions and machine learning implementation
• System integration and technical support

3. Use License
We grant you a limited, non-exclusive, non-transferable license to:
• Access and use our website for business purposes
• Utilize our services per executed agreements
• Download authorized materials for project use

Restrictions:
• No unauthorized reproduction or distribution
• No reverse engineering of proprietary systems
• No use for illegal or unauthorized purposes

4. Service Agreements
Detailed service terms are governed by separate Master Service Agreements (MSAs) and Statements of Work (SOWs) that include:
• Project scope and deliverables
• Timeline and milestones
• Payment terms and conditions
• Intellectual property rights
• Confidentiality obligations

5. Payment Terms
For Consulting Services:
• Invoices due within 30 days of receipt
• Late payments subject to 1.5% monthly interest
• Disputed charges must be reported within 15 days
• Continued service requires current payment status

6. Intellectual Property
Our IP: We retain ownership of our methodologies, frameworks, and proprietary tools.
Client IP: Clients retain ownership of their business data and existing intellectual property.
Work Product: Ownership terms for deliverables are specified in individual project agreements.

7. Confidentiality
Both parties agree to:
• Protect confidential information disclosed during engagement
• Use confidential information solely for project purposes
• Return or destroy confidential information upon request
• Maintain confidentiality for 5 years post-engagement

8. Data Protection and Privacy
We are committed to protecting data in accordance with:
• Our Privacy Policy
• Applicable data protection regulations (GDPR, CCPA)
• Industry-specific compliance requirements
• Client-specific data handling agreements

9. Limitation of Liability
Service Limitations:
• Services provided on “as is” basis
• No warranty of specific outcomes or results
• Liability limited to fees paid for specific services
• No liability for indirect or consequential damages

Maximum Liability: Our total liability shall not exceed the amount paid by client for the specific service giving rise to the claim.

10. Indemnification
Client agrees to indemnify XCellat against claims arising from:
• Client’s use of our services
• Violation of these terms
• Infringement of third-party rights
• Misuse of delivered solutions

11. Termination
Termination Rights:
• Either party may terminate with 30 days written notice
• Immediate termination for material breach
• Termination for insolvency or business closure

Post-Termination:
• Payment due for services rendered
• Return of confidential materials
• Survival of confidentiality and IP obligations

12. Force Majeure
Neither party is liable for delays or failure due to circumstances beyond reasonable control, including natural disasters, government actions, or technology failures.

13. Governing Law
These terms are governed by the laws of [State/Country] without regard to conflict of law provisions.

14. Dispute Resolution
Escalation Process:
• Direct negotiation between project managers
• Executive-level discussion
• Mediation through agreed neutral party
• Binding arbitration if necessary

15. Modifications
Terms may be modified with 30 days notice. Continued use constitutes acceptance of modifications.

16. Contact Information
For questions about these terms:
Email: legal@xcellat.com
Address: XCellat Consulting LLC, 1795 N Fry Rd, Suite 290, Katy, TX 77499
Phone: +(713) 493-7210

USA Office

Mexico Office

Privacy Policy

Terms of Service

Data Protection Policy

Accessibility Statement