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PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1. Overview
This Terms of Service Agreement ("Agreement") is entered into by and between Xtenza Tech Private Limited ("Company", "Service Provider", "we", "us", or "our") and you, and is made effective as of the date of your use of the Xtenza Tech mobile application (the "Application") or website.
This Agreement sets forth the general terms and conditions of your use of the Application and any products or services purchased or accessed through it. By downloading, accessing, or using the Application, you signify that you have read, understand, acknowledge, and agree to be bound by this Agreement.
2. Eligibility
The Application and Services are available only to Users who can form legally binding contracts under applicable law. By using this Application, you represent and warrant that you are (i) at least eighteen (18) years of age, and (ii) not a person barred from purchasing or receiving the Services found under the laws of India or other applicable jurisdiction.
3. Rules of User Conduct and App Usage
A. Device Security and Integrity The Application stores and processes personal data that you have provided to us. It is your responsibility to maintain the security of your phone and access to the Application. We strongly advise against jailbreaking or rooting your phone (removing software restrictions imposed by the official operating system). Such actions could expose your phone to malware, compromise security features, and result in the Application not functioning correctly.
B. Prohibited Acts You agree not to use the Application in a manner that:
Is illegal, or promotes illegal activity.
Infringes on the intellectual property rights of the Company or others.
Distributes viruses, worms, cryptocurrency miners, or malicious code.
Attempts to extract the source code, translate the Application, or create derivative versions.
4. Intellectual Property
All content included in the Application, including but not limited to the source code, text, graphics, logos, images, and software, is the property of Xtenza Tech Private Limited and is protected by copyright, trademark, and other intellectual property laws.
You are granted a limited license to access and use the Application for personal, non-commercial use. Unauthorized copying, modification, or distribution of the Application or its content is strictly prohibited.
5. Connectivity and Carrier Charges
Certain functions of the Application require an active internet connection (Wi-Fi or mobile data). The Service Provider cannot be held responsible if the Application does not function at full capacity due to a lack of Wi-Fi or exhausted data allowance.
If you use the Application outside of a Wi-Fi area, your mobile network provider’s terms apply. You accept responsibility for any charges incurred, including roaming data charges if using the Application outside your home territory. If you are not the bill payer for the device, we assume you have received permission from the bill payer.
6. Battery and Device Usage
The Service Provider cannot accept responsibility for your device running out of battery. It is your responsibility to ensure your device remains charged. If your device turns off due to battery exhaustion and you are unable to avail of the Service, the Company is not liable.
7. Third-Party Services
The Application may utilize third-party services that have their own Terms and Conditions. By using this Application, you acknowledge the terms of services such as:
Google Play Services (https://policies.google.com/terms)
Facebook (https://www.facebook.com/legal/terms/plain_text_terms)_terms)
We do not censor or edit the content of third-party websites or services and assume no responsibility for them.
8. User Content and AI Prompts
If the Application allows you to submit prompts, text, or data ("User Content") for processing (e.g., via AI models):
License: You grant us a non-exclusive, royalty-free, worldwide, irrevocable license to use, reproduce, modify, adapt, and learn from the prompts you provide to improve our services and models.
No Compensation: You understand that you will not be compensated for the use of your prompts or data in training or improving our systems.
Confidentiality: While we make reasonable efforts to maintain confidentiality, data transmission over the internet involves inherent risks.
9. Disclaimer of Warranties
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS APPLICATION SHALL BE AT YOUR OWN RISK.
THE APPLICATION IS PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". XTENZA TECH PRIVATE LIMITED DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT THE APPLICATION WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THE APPLICATION WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS.
10. Limitation of Liability
IN NO EVENT SHALL XTENZA TECH PRIVATE LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM:
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT.
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE APPLICATION.
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN.
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.ndemnity
11. Indemnity
You agree to protect, defend, indemnify and hold harmless Xtenza Tech Private Limited and its officers, directors, employees, and agents from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages (including reasonable attorneys’ fees) arising from: (i) your use of and access to the Application; (ii) your violation of any provision of this Agreement; or (iii) your violation of any third-party right.
12. Updates and Termination
The Service Provider may wish to update the application at some point. You agree to always accept updates to the application when offered to you. We may also wish to cease providing the application and may terminate its use at any time without providing termination notice to you. Upon termination, the rights and licenses granted to you in these terms will end, and you must cease using the application.
13. Governing Law and Dispute Resolution
This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of India. The courts of Chennai, Tamil Nadu shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement.
14. Changes to These Terms
We may periodically update our Terms and Conditions. You are advised to review this page regularly for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
15. Contact Us
If you have any questions or suggestions about these Terms and Conditions, please do not hesitate to contact us at:
Xtenza Tech Private Limited
Email: contact@xtenzatech.com