Terms and Conditions
Please read the following terms of service carefully before using the Xebra service. The use of any Xebra services will signify your agreement to be bound by the terms. Xebra Services are made available by Xebra BizTech LLP only to persons who are above 18 years of age, or of such legal age as may be permissible in your jurisdiction to effectuate a legally binding contract. If you do not agree to these terms and conditions, do not use the service.
Purpose of Agreement
Xebra BizTech LLP, an Indian company based in Mumbai, is making available the services of Xebra subject to the following Terms. Xebra BizTech LLP may also offer other services under different terms of service.
Xebra BizTech LLP provides service of online billing and business analytics. You may use the service for your personal use or business use in the organization that you represent.
Modification of Terms of Service
Xebra BizTech LLP may modify the Terms upon notice to you at any time through a service announcement on the website or by sending email to your primary email address. https://www.xebra.in/ You will be provided the option to terminate your use of the Services if Xebra BizTech LLP modifies the Terms in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to pro-rata refund of the unused portion of any prepaid fees. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
Member Registration Obligations
In consideration of your use of the Services, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process and b) Maintain and promptly update your Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Xebra BizTech LLP has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Xebra BizTech LLP has the right to terminate your Account and refuse current or future use of any or all of the Services.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (1) transfer the Services or otherwise make it available to any third party; (2) provide any service based on the Services without prior written permission; (3) Use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Xebra BizTech LLP; (4) violate any applicable local, state, national or international law; (5) use the third party links to sites without agreeing to their website terms & conditions; (6) post links to third party sites or use their logo, company name, etc. without their prior written permission; and (7) create a false identity to mislead any person as to the identity or origin of any communication.
Communications from Xebra BizTech LLP
The Service may include certain communications from Xebra BizTech LLP, such as service announcements, administrative messages and SMS and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving mails from us. However, this may prevent us from providing effective service to you.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 90 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
Personal Information and Privacy
Fees and Payments
The applicable fee shall be as made available on the website from time to time. If you elect not to pay such fees, Xebra BizTech LLP shall have the right to cease providing such Service to you.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of email. Xebra BizTech LLP reserves the right to terminate your access to the Services if Xebra BizTech LLP believes that you have used the Services for any illegal or unauthorized activity.
Trademark & Property Rights
Xebra BizTech LLP, Xebra BizTech LLP logo, Xebra, Xebra logo, the names of different Xebra BizTech LLP and their logos are trademarks of Xebra BizTech LLP. You agree not to display or use, in any manner, the Xebra BizTech LLP trademarks, without Xebra BizTech LLP‘s prior permission.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Xebra BizTech LLP owns all Intellectual Property Rights to and into the Xebra services, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from Xebra belonging to Xebra BizTech LLP without obtaining authorization from Xebra BizTech LLP.
We respect your right to ownership of content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Xebra BizTech LLP any license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your Account for Xebra BizTech LLP commercial, marketing or any similar purpose. But you grant Xebra 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.
Trial Version and Beta Features
If you registered for a trial use of the Xebra (“Trial Period”), you must decide to purchase a license to the Xebra, at the current rate, within the Trial Period in order to retain any Content that you have entered through the Xebra, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to the Xebra by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Xebra during the trial period, if you decide not to purchase the license to the full version of the Xebra, you will not be able to access or retrieve any of the data you added or created with the Services during the trial.
From time to time, Xebra may, at its sole discretion, include new and/or updated beta features (“Beta Features”) in the Xebra for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and Xebra is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
User Generated Content
You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), which is uploaded, posted or stored through your use of the Services. You grant Xebra a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not use the Services for any illegal purpose or in violation of any applicable law or regulation. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the Services to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Xebra is not responsible for the Content or data you submit on the website.
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Fraudulent, libellous, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local or foreign law; indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), obscene, lascivious, sexually explicit, pornographic, abusive, threatening, menacing, misleading, derogatory, illegal or defamatory information or communication, that is likely to disturb public tranquillity and peace, cause feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities or disrupts the harmony between them or provokes disturbance, causes hurt to the religious sentiments of a community or insults the modesty of a woman or which contain false information about any person or organization or harms such persons life, reputation and/or property, or any material that interferes with the ability of others to enjoy or utilize the Services. We do not tolerate harassment, or denigration based on age, gender, race, religion, national origin, sexual orientation or disability;
- Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor);
- Except as otherwise permitted by Xebra in writing, advertisements, solicitations, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Xebra is not responsible.
Xebra may freely use feedback you provide
You agree that Xebra may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Xebra a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Xebra in any way.
Xebra may monitor your Content
Xebra may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Xebra or its customers, or operate the Services properly. Xebra, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Xebra will have the right to block access to or remove such content made available by you if Xebra receives complaints concerning any illegality or infringement of third party rights in such content.
Online Data Transfer
Xebra Use, Storage and Access
Xebra shall have the right, in its sole discretion and with reasonable notice posted on the Xebra site and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the Xebra and establish or change limits concerning use of the Xebra, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Xebra at any time, and (ii) the number of times (and the maximum duration for which) you may access the Xebra in a given period of time. Xebra reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Xebra to which such changes relate. Your continued use of the Xebra will constitute your acceptance of and agreement to such changes. Xebra may, from time to time, perform maintenance upon the Xebra resulting in interrupted service, delays or errors in the Xebra. Xebra will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
Disclaimer of Warranties
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. Xebra BizTech LLP expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Xebra BizTech LLP makes no warranty that the services will be uninterrupted, timely, secure, or virus free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from Xebra BizTech LLP, its employees or representatives shall create any warranty not expressly stated in the terms.
Limitation of Liability
You agree that Xebra BizTech LLP shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if Xebra BizTech LLP has been advised of the possibility of such damage. Your sole and exclusive remedy for any dispute with Xebra BizTech LLP related to any of the services shall be termination of such service. In no event shall Xebra BizTech LLP entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid you towards such service.
You agree to indemnify and hold harmless Xebra BizTech LLP, 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 Terms, or any other claim related to your use of the Services.
Use with your Mobile Device
Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
XEBRA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO.
(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Payment, Refunds, Upgrading and Downgrading Terms
- Payments will be billed to you in Indian rupees, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
- In case you use your credit card, please note that your credit card number will not be stored with us in any format.
- If you run out of your quota of included space you will have the option of purchasing blocks of additional cloud space.
- An upgrade from one plan to any higher paid plan will be billed immediately upon upgrading. While upgrading from one paid plan to another paid plan, your new plan will be considered active immediately.
- Downgrading your Service would mean that you will be entitled to the features limited to the downgraded plan.
- If you renew your plan before its expiry, then it would only be renewed after its expiry date. Note that free accounts will not be renewed.
- The Service is billed in advance and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- All authorized refunds will be made in the original form of payment to Xebra
Upon cancellation you will be able to access the Xebra only through the end of the subscription term, as specified in the product or product program pages. After the subscription term ends, you will not have any access to the Xebra. There are no refunds upon cancellation. Please follow product instructions to cancel your account.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
Social Media Sites
Third Party Products and Services
Xebra may tell you about third party products or services, including via the Service. Xebra may offer products and services on behalf of third parties who are not affiliated with Xebra (“Third Party Products”) and/or provide access or links to third party websites (“Third Party Sites”). If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. Xebra is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with Xebra in any way. You agree that the third parties, and not Xebra, are solely responsible for the Third Party Product’s performance (including technical support), the content on their websites and their use or disclosure of your data. Xebra will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites.
Suspension & Termination
Governing Law & Jurisdiction
Parties agree that these terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Agreement, please contact us at contactus(at)xebra.in