Terms of Service

1. Introduction

Welcome to Xalary. These Terms of Service ("Terms") govern your access to and use of the Xalary platform, including our website, software, applications, and related services (collectively, the "Services") provided by Xpertech Innovations Private Limited ("Company", "we", "us", or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age and legally competent under the Indian Contract Act, 1872
• Have the authority to enter into these Terms on behalf of yourself or the organization you represent
• Not be barred from using the Services under applicable laws

3. Account Registration

3.1 Account Creation

To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to keep this information updated.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Immediately notifying us at support@xalary.in if you suspect unauthorized access

3.3 Account Transfer

Accounts cannot be transferred to another party without our prior written permission.

4. Service Usage

4.1 Permitted Use

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use our Services for your lawful business purposes in accordance with these Terms.

4.2 Service Modifications

We reserve the right to add, modify, suspend, or discontinue any part of our Services. We will endeavor to provide reasonable notice for material changes that significantly affect your use of the Services.

5. Prohibited Activities

You agree not to:

• Access or attempt to access the Services through unauthorized means
• Use the Services to distribute malware, viruses, or other harmful code
• Impersonate any person or entity or misrepresent your affiliation
• Reverse-engineer, decompile, or disassemble any part of the Services
• Use automated systems or software to extract data from the Services (scraping)
• Interfere with or disrupt the integrity or performance of the Services
• Use the Services for any illegal or unauthorized purpose
• Violate any applicable laws or regulations

6. Subscription and Payment

6.1 Fees

Access to certain features requires a paid subscription. All fees are quoted in Indian Rupees (INR) and are subject to applicable taxes including GST.

6.2 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except where required by law or as explicitly stated in these Terms
• We reserve the right to modify pricing with 30 days' notice

6.3 Auto-Renewal

Subscriptions automatically renew unless you cancel at least 30 days before the renewal date. You can manage your subscription through your account settings or by contacting our support team.

6.4 Non-Payment

Failure to pay may result in suspension or termination of your access to the Services.

7. Intellectual Property

7.1 Our Rights

The Services, including all software, trademarks, logos, content, and documentation, are owned by or licensed to the Company and are protected by intellectual property laws.

7.2 Your Data

You retain ownership of all data you upload to the Services. By using our Services, you grant us a license to use, process, and store your data solely to provide and improve the Services.

7.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Services may be used by us without any obligation to you.

8. Data Protection

Our collection and use of personal information is governed by our Privacy Policy. By using the Services, you acknowledge that you have read and understood our Privacy Policy.

9. Limitation of Liability

9.1 Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

9.2 Liability Cap

To the maximum extent permitted by law, our total liability for any claims arising from or related to these Terms or the Services shall not exceed the subscription fees you paid to us in the three (3) months preceding the claim.

9.3 Exclusions

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, except in cases of fraud or willful misconduct.

10. Indemnification

You agree to indemnify and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you upload or submit through the Services

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting our support team. Termination does not entitle you to a refund of any prepaid fees.

11.2 Termination by Us

We may suspend or terminate your access to the Services if you violate these Terms or if we believe such action is necessary to protect our interests or other users.

11.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. Sections that by their nature should survive termination will continue to apply.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India.

12.2 Jurisdiction

Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India.

12.3 Informal Resolution

Before initiating any legal action, you agree to contact us at support@xalary.in and attempt to resolve the dispute informally for at least 30 days.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Services.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the updated Terms.

15. Contact Us

If you have any questions about these Terms, please contact us: