1. Agreement to Terms

These Terms of Service ("Terms") form a binding agreement between Xpecto® IT Solutions ("Company", "we", "us") and the entity or individual accepting them ("Customer", "you") governing access to and use of the Xpecto® AI ChatBot platform and related services (the "Services"). By checking "I agree to the Terms of Service and Privacy Policy," creating an account, or using the Services, you accept these Terms on behalf of yourself and, if applicable, the organization you represent, and you confirm you have authority to bind that organization.

2. Definitions

"Customer Data" means business content, documents, and configurations uploaded to train or operate your chatbot.
"End User" means an individual who interacts with a chatbot deployed by Customer.
"Subscription" means the paid or trial plan governing your access to the Services.

3. Eligibility & Account Registration

You must be at least 18 years old and capable of forming a binding contract.
You must provide accurate, current, and complete registration information and keep it updated.
You are responsible for safeguarding your credentials and for all activity under your account; notify us immediately of any unauthorized use.
We may suspend accounts with inaccurate, fraudulent, or unverifiable information.

4. Consent to Communications

By creating an account you agree to receive transactional and account-related communications (including OTPs, security alerts, billing notices, and service announcements) necessary to operate the Services; these cannot be opted out of while your account is active. Product-update, marketing, and partner-offer communications are sent only in accordance with the consent choices and opt-out mechanisms described in our Privacy Policy, Section 5. You may manage these preferences at any time in Account Settings.

5. Description of Services

Xpecto® AI ChatBot provides AI-powered chatbot and automation tools enabling businesses to configure conversational agents trained on their own business content, integrate with third-party systems, and access analytics and reporting. Features vary by Subscription plan and may be updated, added, or deprecated from time to time; we will provide reasonable notice of material feature removals.

6. Subscriptions, Fees & Payment

Billing: Subscriptions renew automatically on a monthly or annual cycle unless cancelled prior to renewal.

Free Trials: Trial accounts convert to paid Subscriptions at the end of the trial unless cancelled, where payment details were provided; otherwise the trial account will be restricted or suspended.

Price Changes: We will provide at least 30 days' notice of any price increase effective at your next renewal.

Refunds: Refund requests are evaluated case-by-case if submitted within 14 days of the original purchase; used usage/credits may be deducted.

Taxes: Fees are exclusive of applicable taxes, which you are responsible for unless we are required to collect them.

Non-payment: We may suspend or downgrade the Services for accounts with overdue payments after notice.

7. Customer Data; License; AI Configuration

Ownership: As between the parties, Customer retains all rights, title, and interest in Customer Data.

License to Us: You grant us a limited, non-exclusive, worldwide license to host, process, and use Customer Data solely to provide, secure, and improve the Services for your account, as further described in our Privacy Policy.

No Cross-Customer Training: We do not use your proprietary Customer Data to train or improve another Customer's chatbot.

Accuracy Disclaimer: AI-generated responses are probabilistic and may occasionally be inaccurate or incomplete; you are responsible for reviewing chatbot configurations and outputs used in production, particularly for regulated, medical, legal, or financial use cases.

8. Acceptable Use

You agree not to use the Services to:

Violate applicable law or third-party rights, including privacy and intellectual property rights;
Transmit unlawful, defamatory, deceptive, or harmful content, or unsolicited communications in violation of anti-spam law;
Collect or process personal data of End Users without a lawful basis and appropriate notice/consent;
Reverse-engineer, decompile, or attempt to extract the underlying models or source code of the Services;
Interfere with or disrupt the integrity or performance of the Services, or attempt unauthorized access;
Resell or white-label the Services without our prior written consent.

9. Third-Party Integrations & Partner Services

The Services may integrate with third-party platforms (e.g., messaging, CRM, payment, or analytics providers) that you choose to connect. Your use of such integrations is subject to the third party's own terms and privacy practices; we are not responsible for third-party services we do not control. Where we facilitate the sharing of your contact details with marketing/offer partners under Privacy Policy Section 5, this occurs only with your separate opt-in consent.

10. Intellectual Property

The Services, including all software, design, trademarks (including "Xpecto®"), and documentation, are owned by Xpecto® IT Solutions and protected by intellectual property laws. Except for the limited rights expressly granted to use the Services, no rights are transferred to you. Feedback you provide may be used by us without restriction or compensation.

11. Confidentiality

Each party agrees to protect the other's non-public, confidential information disclosed under these Terms using at least the same degree of care it uses for its own similarly sensitive information, and not to disclose it except to personnel or subcontractors bound by comparable obligations, or as required by law.

12. Service Availability

We target 99.9% uptime, excluding scheduled maintenance and events beyond our reasonable control, but do not guarantee uninterrupted or error-free operation. Any service-level commitments beyond this general target must be set out in a separate written SLA or Enterprise Order Form.

13. Warranties & Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES. EACH PARTY'S AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO BREACHES OF CONFIDENTIALITY, INDEMNIFICATION OBLIGATIONS, OR GROSS NEGLIGENCE/WILLFUL MISCONDUCT.

15. Indemnification

You agree to indemnify and hold harmless the Company from third-party claims arising from your Customer Data, your breach of these Terms, or your violation of applicable law, including claims relating to End User data collected through your chatbot deployment.

16. Term, Suspension & Termination

These Terms remain in effect for as long as you maintain an account.
Either party may terminate for convenience at the end of the then-current billing cycle.
We may suspend or terminate immediately for material breach, non-payment, security risk, or violation of the Acceptable Use Policy.
Upon termination, your right to access the Services ceases; you may export Customer Data within 30 days, after which we will delete it in accordance with our data retention schedule, subject to legal hold requirements.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of India, without regard to conflict-of-laws principles, unless a separately negotiated Enterprise Agreement specifies otherwise. The parties will first attempt to resolve disputes through good-faith negotiation; unresolved disputes shall be subject to the exclusive jurisdiction of the courts at [Insert City], India, or resolved by arbitration under the Arbitration and Conciliation Act, 1996, as separately agreed.

18. Force Majeure

Neither party is liable for delay or failure to perform resulting from causes beyond its reasonable control, including natural disasters, internet or utility failures, labor disputes, or governmental action.

19. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified by email or in-product notice at least 15 days before taking effect. Continued use after the effective date constitutes acceptance.

20. General Provisions

Entire Agreement: These Terms, the Privacy Policy, and any Order Form constitute the entire agreement between the parties.
Severability: If any provision is held unenforceable, the remaining provisions remain in full force.
Assignment: You may not assign these Terms without our prior written consent; we may assign in connection with a merger, acquisition, or asset sale.
No Waiver: Failure to enforce a provision is not a waiver of future enforcement.
Notices: Legal notices should be sent to [email protected].

21. Contact Us

Email: [email protected]
Website: www.xpectoitsolutions.com
Product: Xpecto® AI ChatBot (aichatbot.xpectoai.com)