These Terms of Service (“Terms”) form a binding agreement between you and Xvariate (“Xvariate”, “we”, “us”, or “our”). By accessing or using our websites, products, or services (the “Service”), you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Service.

• “Service” means our websites, apps, software, features, and related services.

• “Order” or “SOW” means an order form, proposal, or statement of work that references these Terms.

• “Deliverables” means any work product we provide under an Order or SOW.

• “Your Content” means content you submit to or through the Service.

• You must be at least 18 years old and capable of forming a binding contract under applicable law.

• You are responsible for your account, credentials, and all activity under it. Keep your information accurate and secure.

• We may suspend or terminate accounts for suspected fraud, non‑payment, or violations of these Terms or law.

Billing

Fees are stated in the applicable Order or within the Service and are due as specified there. You authorize us and our processors to charge you for fees, taxes, and recurrent amounts (for subscriptions) until you cancel as permitted by the plan.

Payment processors

Payments are handled by third parties. Our primary processor is Razorpay, and we may also use Stripe. We do not store full payment card numbers on our servers. See Razorpay and Stripe privacy terms for details.

Taxes; late payment

• Fees are exclusive of all taxes. You are responsible for applicable taxes unless we are legally required to collect them.

• We may suspend or limit the Service for late or failed payments until the balance is cleared.

Refunds

Except as required by law or expressly stated in an Order, fees are non‑refundable. We may consider goodwill refunds at our discretion.

Access provided on a trial, preview, or beta basis is for evaluation only, may change or end at any time, and is provided “as is” without warranties or support commitments.

• Do not use the Service for illegal activity, infringement, harm, harassment, spam, or to distribute malware.

• Do not attempt to bypass security, probe systems without written authorization, or interfere with the Service’s operation.

• Do not copy, reverse engineer, or resell the Service unless we expressly permit it in writing.

• When using AI or automation features, review outputs carefully and do not rely on them for legal, medical, or other high‑risk decisions.

The Service, our software, designs, and content are owned by Xvariate or our licensors and are protected by law. We grant you a limited, non‑exclusive, non‑transferable right to use the Service during your subscription or engagement. We reserve all other rights.

Your Content

You retain ownership of Your Content. You grant us a worldwide, non‑exclusive license to host, process, transmit, and display Your Content as needed to provide and improve the Service and to comply with law.

Deliverables

Ownership or licensing of Deliverables will be defined in the applicable Order or SOW. If not specified, you receive a non‑exclusive license to use Deliverables for your internal business purposes upon full payment, and Xvariate retains rights in its pre‑existing materials, tools, and reusable components.

Feedback

If you submit feedback or suggestions, you grant us a royalty‑free, perpetual license to use them without restriction.

Information marked confidential or reasonably understood as confidential must be protected and used only to perform under these Terms. This does not apply to information that is public, independently developed, or received lawfully from another source.

Your privacy is described in our Privacy Policy. It explains how we collect, use, and protect personal data.

The Service may integrate third‑party products (e.g., payment, analytics, or hosting). Their terms and privacy practices govern their services. We are not responsible for third‑party acts or omissions.

• We may modify, suspend, or discontinue features, plans, or the Service in whole or part. We will try to avoid material disruption without notice where reasonable.

• We do not guarantee uninterrupted or error‑free operation. Plan maintenance or outages may occur.

• We use reasonable technical and organizational measures to help protect data. No method is perfectly secure.

• You are responsible for maintaining appropriate backups of Your Content and outputs.

• Security testing or probing of our systems requires prior written authorization.

• You may cancel at any time as described in your plan or Order.

• We may suspend or terminate access for breach, non‑payment, legal risk, or to protect the Service or users.

• Upon termination, your right to use the Service ends. Sections that by nature should survive will survive (including fees due, IP, confidentiality, disclaimers, liability limits, and dispute terms).

To the maximum extent permitted by law, the Service and Deliverables are provided “as is” and “as available”. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement. We do not warrant accuracy of data, outputs, or results.

• We are not liable for indirect, incidental, special, punitive, or consequential damages, or loss of profits, revenue, data, or goodwill.

• Our total liability for all claims relating to the Service or these Terms is limited to the amounts you paid to Xvariate for the Service in the 12 months before the event giving rise to the claim.

• These limits apply to the fullest extent permitted by law, regardless of legal theory, even if a remedy fails of its essential purpose.

You will defend, indemnify, and hold harmless Xvariate and our personnel from claims, losses, and expenses (including reasonable legal fees) arising from Your Content, your use of the Service, or your breach of these Terms or law.

• These Terms are governed by the laws of India. Subject to applicable law, disputes will be heard in competent courts in India.

• Before filing, the parties will attempt good‑faith resolution within 30 days after written notice. Nothing limits either party’s right to seek urgent injunctive relief.

• To the extent permitted by law, disputes must be brought individually and not as a class or representative action.

We may update these Terms to reflect changes in our Service, business, or legal requirements. If we make material changes, we will post the updated Terms and update the “Last updated” date above. Your continued use of the Service means you accept the changes.

• Assignment: You may not assign these Terms without our written consent. We may assign to an affiliate or in connection with a merger, acquisition, or asset sale.

• Severability; waiver: If a term is unenforceable, the remainder remains in effect. A waiver must be in writing and is not a continuing waiver.

• Entire agreement: These Terms and any applicable Orders or SOWs form the entire agreement regarding the Service.

• Notices: Contact us at contact@xvariate.com.