Terms of Service

These Terms of Service (“Terms”) is an agreement between You or the entity that You represent (hereinafter “You” or “Your”) and Xejic Technologies Pvt. Ltd. (hereinafter “We” or “Us” or “Xejic”) and govern Your right to access the Websites and the use of and access to the Services by You, Your Affiliates, Users and End-Customers as part of a Subscription during the Term.

This agreement governs Your access to and use of our software as a service platform (“Service”). By accessing or using the Services or Websites or authorizing or permitting any User or End-Customer to access or use the Services or Websites, You are agreeing to be bound by these Terms. In the event of a conflict between these terms of service and Our Privacy Notice, these terms of service shall prevail. If You are using Our Services for an organization, You are agreeing to these Terms on behalf of that organization and in these Terms, "You" or "Your" refers to that organization. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and should not access or use the Services and/or Websites.

Acceptance of the Agreement

You must be of legal age to enter into a binding agreement in order to accept the Agreement. If You do not agree to the General Terms, do not use any of our Services. If You agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Agreement by checking a checkbox or clicking on a button indicating Your acceptance of the Agreement, or by actually using the Services.

Description of Service

We provide software and applications for businesses either on the cloud or an on-premise model. You may use the Services for Your personal and business use or individually or in the organization that You represent. In order to use our services, You must have an internet connection and a computer. Users are obliged to comply with all applicable domestic and international laws and regulations regarding the use of our service. Your right to use the Service is contingent upon Your compliance with these Terms and all applicable laws. We reserve the right to terminate or suspend Your access to the Service at our discretion if You violate these Terms or engage in any conduct that we believe is harmful to us, other users, or the Service.

User Sign up Obligations

You need to sign up for a User Account by providing all required information in order to access or use the Services. If You represent an organization and wish to use the Services for corporate internal use, we recommend that You, and all other users from Your organization, sign up for User Accounts by providing Your corporate contact information. In particular, we recommend that You use Your corporate email address. You agree to:

Provide true, accurate, current and complete information about Yourself as prompted by the sign up process; and
Maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If You provide any information that is untrue, inaccurate, outdated, or incomplete, or if Xejic has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Xejic may terminate Your User Account and refuse current or future use of any or all of the Services.

Licensing

The service provided is the exclusive property of Xejic. Rights in and to the same not expressly granted to You in our Legal Terms are reserved by us.

We grant You a limited, non-exclusive, non-transferable, a non-sublicensable, revocable license to access and use the Service for Your personal or internal business purposes, subject to these Terms. You acknowledge and agree that Xejic retains all rights, title, and interest in and to the source code, including any updates, modifications, or enhancements. This license does not transfer any ownership rights to You, and You agree not to reproduce, distribute, or create derivative works based on the source code without our prior written consent.

You may not sell, sublicense, rent, lend, distribute, transfer or lease the Service to any third party. You may not attempt to decompile or re-engineer the source code or sell it to another party. You may not change or remove any product identification and proprietary information. You may not create a derivative work from any part of the service.

Terms And Condition of usage

In addition to all other terms and conditions of this Agreement, You shall at no point:

Sell, sublicense, rent, lend, distribute, transfer or lease the Service to any third party.
Attempt to decompile or re-engineer the source code or sell it to another party.
Create a derivative work from any part of the service.
Allow sharing of user licenses or allow more than one user per license other than by way of reassigning an user license to a new user;
Use third party links to sites without agreeing to their website terms & conditions;
Post links to third party sites or use their logo, company name, etc. without their prior written permission;
Attempt to gain unauthorized access to the Services or its related systems or network;
Use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Xejic;
Use the Services to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs;
Use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services, its components and the data contained therein;
Create a false identity to mislead any person as to the identity or origin of any communication;
Host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person or entity and to which You do not have any right, including personal or confidential information of any person or entity with respect to which You do not have consent or permission from such person or entity;
Use the Services for transmitting information that is false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
Violate any applicable local, state, national or international law;
Use the Services for any form of competitive or benchmarking purposes; and
Remove or obscure any proprietary / other notices contained in the Services.

We reserve the right, but have no obligation, to monitor and remove any Member Content that is deemed to violate the provisions of our Legal Terms or to be inappropriate, or that violates the rights of third parties or applicable laws or regulations.

Intellectual Property

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, and software, are the exclusive property of Xejic or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works of any content from the Service without our express written permission.

Data Ownership

We respect Your right to ownership of content created or stored by You. You own the content created or stored by You. Unless specifically permitted by You, Your use of the Services does not grant Xejic the license to use, reproduce, adapt, modify, publish or distribute the content created by You or stored in Your User Account for Xejic’s commercial, marketing or any similar purpose. But You grant Xejic permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of Your User Account solely as required for the purpose of providing the Services to You.

User Generated Content

You are solely responsible for any content, including images, text, videos, and other materials ("User Content"), that You upload, post, or share through our Service. By uploading User Content, You represent and warrant that You have all necessary rights, licenses, and permissions to use, upload, and distribute such content.

You agree not to upload, share, or use any content that violates or infringes upon the intellectual property rights, including copyright, trademark, or any other proprietary rights, of any third party. The Platform does not review or monitor User Content for such infringements, and it is Your responsibility to ensure that any content You upload does not violate any third-party rights.

You agree to indemnify, defend, and hold harmless the Platform and its affiliates, officers, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising from any third-party claims related to Your User Content, including but not limited to claims of copyright infringement, defamation, or violation of intellectual property rights.

While the Platform is not obligated to monitor or review User Content, we reserve the right to remove any content that we believe, in our sole discretion, may violate the terms of this Agreement or any applicable laws, including copyright laws, or that may harm the reputation or functioning of the Platform.

Trademark

'Xejic', Xejic logo, the names of individual Services and their logos are trademarks of Xejic Corporation Private Limited. You agree not to display or use, in any manner, the Xejic trademarks, without Xejic’s prior permission.

Warranty Disclaimer

You acknowledge and agree that Your use of our products and services are at Your own risk. Our services are provided on an "as-is" and "as-available" basis, without any warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that the services will be uninterrupted, secure, or error-free. Additionally, we are not responsible for any interruptions, errors, or technical malfunctions, including damage to Your computer or mobile device resulting from the use of our services. You assume full responsibility for any material downloaded or obtained through our services. Under no circumstances shall we be liable for any indirect, incidental, or consequential damages arising from Your use of our services. Any advice or information obtained from us does not create any warranty not expressly stated in these terms.

Limitation of Liability

You acknowledge and agree that Xejic shall not be liable for any consequential, incidental, indirect, special, or punitive damages, including but not limited to loss of business profits, business interruption, computer malfunction, loss of business data, or any other damages resulting from Your use of or inability to use the service, even if Xejic has been advised of the possibility of such damages. Furthermore, Xejic's total liability to You for any claim related to the service shall not exceed 1000 USD provided the customer has paid Xejic an amount exceeding 1000 USD during the twelve (12) months preceding the event giving rise to the claim. If Your total payments to Xejic are less than $1,000, our liability shall be limited to the amount You paid.

Indemnification

You agree to indemnify and hold harmless Xejic, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that You have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Agreement, or any other claim related to Your use of the Services, except where such use is authorized by Xejic.

Force Majeure

We will not be held liable for any failure or delay in the performance of its obligations with respect to the Service and the platform if such failure or delay is caused by or results from events, conditions, or causes beyond its reasonable control, including but not limited to:

Acts of God (such as earthquakes, floods, storms, or other natural disasters);
War, terrorism, civil unrest, or acts of public enemy;
Fire, explosions, or other catastrophic events;
Government actions, regulations, or orders (including restrictions on travel, quarantine measures, or changes in applicable law);
Network failures, server outages, or other disruptions caused by third parties (including internet service providers, telecommunications providers, or cloud infrastructure providers);
Failure or delay by third-party service providers or subcontractors critical to the delivery of the Service;
Labor disputes, strikes, or shortages of labour or materials;
Pandemics, epidemics, or public health emergencies; and
Any other event beyond the reasonable control of the affected party.

Assignment

We may freely transfer or assign all or part of our rights and obligations under these Legal Terms without Your consent and without notifying You. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. You may not transfer or assign any of Your rights or obligations under these Legal Terms without our prior written consent. These Legal Terms are binding upon and inure to the benefit of the parties and their respective successors and assigns.

Severability / No Waiver

If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall remain in effect

Our failure to enforce any provision of these Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Xejic under these Legal Terms shall survive the termination of these Legal Terms.

Suspension and Termination

Your account with Xejic will remain active for as long as You maintain an active subscription, comply with the terms of this Agreement, and continue to use our services. The term of Your subscription may vary based on the plan selected during registration.

Termination by You: You may terminate Your account at any time by following the cancellation procedure within Your account settings or by contacting our support team at info@xejic.com. Upon termination, You will no longer have access to our services, and Your account will be deactivated. Any outstanding payments owed at the time of termination will remain due.

Termination by Xejic: Xejic reserves the right to suspend or terminate Your account if You breach any terms of this Agreement, fail to make payments when due, or engage in any unlawful or harmful activities. Objections to suspension or disabling of User Accounts should be made to info@xejic.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled User Account after thirty days.

Further, we also reserve the right to terminate Your Account at any time by written notice due to business reasons which shall include discontinuation of the Service(s). Upon termination, Your access to our services will be revoked, and You will no longer be able to access or use any data or content associated with Your account.

Termination for Insolvency: Notwithstanding anything contained herein, either party may terminate these Terms with notice if the other party becomes insolvent, makes or has made an assignment for the benefit of creditors, is the subject of proceedings in voluntary or involuntary bankruptcy instituted on behalf of or against the such party (except for involuntary bankruptcies) which are dismissed within thirty (30) days, or has a receiver or trustee appointed for substantially all of its property.

Effect of Termination: Upon termination of Your account for any reason, Xejic may, at its discretion, delete all data associated with Your account. You are solely responsible for backing up any data You wish to retain prior to termination. Termination of Your account does not relieve You of any obligations to pay outstanding fees for the service.

Survival of Certain Provisions Notwithstanding any termination, any provisions of this Agreement that, by their nature, should survive termination, including but not limited to those related to payment, indemnification, and limitations of liability, will remain in effect.

Amendments

We reserve the right to amend our Legal Terms. The latest copy will be available on the current page. By continuing to use the Service and/or the SaaS-platform, You agree to the changes, additions or modifications made to our Legal Terms, the Service and/or the SaaS-platform.

You do not have the right to modify, supplement or amend our Legal Terms in any way.

Notices

Any notices or communications from us under these Terms of Service may be delivered by email, postal mail, or other means of communication. Notices sent by email will be deemed received when sent to the email address provided by You when subscribing to our services. You agree to keep Your contact information up to date to ensure effective communication.

Data Privacy and Security

You are responsible for maintaining confidentiality of Your username, password and other sensitive information. You are responsible for maintaining the confidentiality of Your password and are fully responsible for all liability and damages resulting from Your failure to maintain that confidentiality and all activities that occur through the use of Your password. We are not responsible for any loss or damage to You or to any third party incurred as a result of any unauthorized access and/or use of Your User Account, or otherwise.

Confidentiality

Each of the Parties agree that during and after the Term of this Agreement, both Parties shall hold in confidence and not, either directly or indirectly, reveal, report, publish, disclose, or transfer any of the Confidential Information to any other person or entity, or utilize any of the Confidential Information for any purpose, except in the course of services performed under this Agreement.

Headings

The headings used in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of the provisions herein. The use of headings is solely for convenience, and the terms of this Agreement shall be governed by the content of each section, regardless of the headings.

Third Party Services

You acknowledge and agree that Your use of Third-party Services will be subject to the terms and conditions and privacy policies of such third-party. Xejic shall not be liable for Your enablement, access, or use of such Third-party Services, including Your data processed by the third party. In case of any issues arising because of the use of the third party service, You are to contact that Third-party service provider.

Precedence

In case of any conflict between the terms of this Agreement and any other record, information or document, the terms of this Agreement shall prevail.

Disputes, Legal Action and Conflict Resolution

Any claim, action, dispute, difference, or controversy of civil nature, including, but not limited to, suits for reliefs, remedies, damages, injunction, and specific performance, arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Arbitration and Reconciliation Act, 1996 and the Rules of Arbitration and Conciliation of the Indian Council of Arbitration then in effect. Any such arbitration will be conducted in English and at an appropriate venue in the City of Bengaluru by a single arbitrator. No arbitration proceeding or legal action, regardless of its form, related to or arising out of this Agreement may be brought by Either Party more than two (2) years after the cause of action first accrued. Both Parties agree that any arbitral award rendered by the arbitrator, duly-appointed under this Agreement, shall be challenged only in the High Court of competent jurisdiction under the laws, rules and procedures of India.

Jurisdiction

This Agreement shall be applied, enforce and interpreted under the substantive and procedural laws of India and by Courts and Tribunals with competent jurisdiction in Bengaluru, India.

Precedence

In case of any conflict between the terms of this Agreement and any other record, information or document, the terms of this Agreement shall prevail.

Last Updated: 01 October 2024.