These Terms of Service (the “Terms”) form an agreement between you and Xpetize Technology Solutions Pvt. Ltd. (“Xpetize”, “we”, “us”, or “our”). By accessing our website, submitting an enquiry, or using a service that links to these Terms, you agree to be bound by them. If you do not agree, please do not use the website or the relevant service.
Terms of Service
1. Scope of these Terms
These Terms apply to the Xpetize website at www.xpetize.com, related pages that link to these Terms, and any online feature, product, application, or service that expressly incorporates them (collectively, the “Services”).
Certain Services may include additional terms, policies, order forms, or notices. Those additional terms become part of your agreement with us when you accept or use the relevant Service.
2. Eligibility and authority
You must be legally capable of entering into a binding agreement to use the Services. If you use the Services for a company or other organisation, you represent that you have authority to accept these Terms on its behalf. References to “you” then include that organisation.
The Services are not directed to children. If you are under the age required to enter into a binding contract in your location, you may use the Services only with the involvement and consent of a parent or legal guardian.
3. Acceptable use
You agree to use the Services lawfully and only for their intended purposes. You must not:
- violate any applicable law, regulation, third-party right, or contractual obligation;
- upload or transmit malicious code, attempt unauthorised access, or interfere with the security or operation of the Services;
- misrepresent your identity, impersonate another person, or provide information you know is false or misleading;
- scrape, harvest, or collect data through automated means except where we have given written permission or applicable law allows it;
- reverse engineer, decompile, or attempt to discover source code except to the limited extent such restriction is prohibited by law;
- use the Services to send spam, abusive material, unlawful content, or content that infringes another person’s rights; or
- use the Services in a way that could damage Xpetize, our customers, our infrastructure, or other users.
4. Accounts and information you provide
Some Services may require an account. You are responsible for providing accurate and current information, safeguarding your login details, and all activity under your account. Notify us promptly at contactus@xpetize.com if you suspect unauthorised use or a security incident involving your account.
When you submit an enquiry, project brief, support request, or other material, you confirm that you have the right to provide it. You give Xpetize permission to use that material as reasonably necessary to respond to you, evaluate your request, provide the Services, and meet our legal obligations.
5. Intellectual property
The Services and their content—including text, designs, graphics, logos, software, code, documentation, and trademarks—are owned by or licensed to Xpetize and are protected by applicable intellectual-property laws. Except for the limited right to access and use the Services under these Terms, no right, title, or interest is transferred to you.
You may view and make a reasonable number of copies of publicly available website material for your internal, non-commercial use. You may not reproduce, republish, modify, distribute, sell, license, or commercially exploit our content without prior written permission.
Feedback
If you voluntarily provide suggestions or feedback, you allow us to use it without restriction or payment, provided we do not publicly identify you as its source without permission.
6. Third-party services and links
The Services may link to or interoperate with third-party websites, platforms, payment providers, social networks, or other services. Xpetize does not control those third parties and is not responsible for their content, availability, security, or privacy practices. Your use of a third-party service is governed by that provider’s own terms and policies.
7. Privacy and data protection
Our Privacy Policy explains how we collect, use, disclose, and protect personal information. By using the Services, you acknowledge the practices described there.
To ask us to delete personal information associated with a Service, follow the instructions on our Data Deletion page. Some information may be retained where required or permitted by law.
8. Service availability and changes
We may improve, update, suspend, or discontinue all or part of a Service from time to time. We do not guarantee that every feature will always be available or that access will be uninterrupted, secure, or error-free. Where a paid Service is affected, any applicable customer agreement will govern service levels, support, and remedies.
9. Disclaimers
To the maximum extent permitted by law, the website and any free or evaluation features are provided on an “as is” and “as available” basis. Xpetize disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted operation.
Information on the website is general in nature and is not legal, financial, tax, security, or other professional advice. You should obtain advice appropriate to your circumstances before relying on it.
Nothing in these Terms excludes a warranty, guarantee, condition, or remedy that cannot lawfully be excluded or limited.
10. Limitation of liability
To the maximum extent permitted by law, Xpetize and its directors, employees, affiliates, and suppliers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or for loss of profits, revenue, business opportunity, goodwill, or data, arising from or relating to your use of the website or any free Service.
To the maximum extent permitted by law, Xpetize’s total liability arising from the website or any free Service will not exceed the greater of the amount you paid us specifically for that Service during the three months before the event giving rise to the claim or INR 5,000. Liability relating to a paid Service is governed by the applicable customer agreement.
These limitations do not apply to liability that cannot lawfully be excluded or limited, including liability for fraud or wilful misconduct where applicable law so provides.
11. Indemnity
To the extent permitted by law, you agree to indemnify and hold harmless Xpetize and its officers, employees, and affiliates from third-party claims, losses, and reasonable costs arising from your unlawful use of the Services, your content, or your material breach of these Terms. This obligation does not apply to the extent a claim was caused by Xpetize.
12. Suspension and termination
We may suspend or terminate access to a Service if we reasonably believe you have materially breached these Terms, created a security risk, used the Service unlawfully, or failed to pay applicable fees. Where practical and legally permitted, we will give reasonable notice and an opportunity to address the issue.
Provisions that by their nature should continue—including intellectual-property, disclaimer, liability, indemnity, dispute, and interpretation provisions—survive termination.
13. Changes to these Terms
We may update these Terms to reflect changes in our Services, business practices, or legal obligations. The revised version will be posted on this page with a new “Last updated” date. If a change materially affects a Service you use, we may also provide notice through that Service or another appropriate channel.
Your continued use after the updated Terms take effect constitutes acceptance of the revised Terms. If you do not agree to an update, you must stop using the affected Service.
14. Governing law and disputes
These Terms are governed by the laws of India, without regard to conflict-of-law principles. Subject to any mandatory rights or procedures under applicable law, the courts located in Thiruvananthapuram, Kerala, India will have exclusive jurisdiction over disputes arising from these Terms or the Services.
Before filing a formal claim, you and Xpetize agree to make a good-faith effort to resolve the dispute by contacting the other party and allowing a reasonable time for a response.
15. General provisions
If a provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary or removed, and the remaining provisions will continue in effect. Our failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms as part of a merger, reorganisation, sale of assets, or by operation of law.
These Terms, together with policies and additional terms that apply to the relevant Service, are the entire agreement concerning their subject matter unless a separate written customer agreement applies.
16. Contact us
Questions about these Terms may be sent to:
Xpetize Technology Solutions Pvt. Ltd.
4th Floor, Nila Building
Technopark, Kazhakootam
Thiruvananthapuram, Kerala, India – 695581
Email: contactus@xpetize.com
Phone: +91 471 2700600