Terms of Services

This Terms of Service (“Terms”) describes how the Xyberia Technologies Private Limited (“Company”, “We”, “XTPL” or “Our”). This document contains important information and terms and conditions about professional services and business policies of the Company. By accessing the Website, at your option, registering thereon and thereafter using the Services as a member or guest, you agree to be bound by this Agreement and the terms contained in it. This Agreement governs your access and use of this Website and applies to all visitors, users and others who access the Services ("Users"). If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website. The Company will not be liable for any consequences arising from your unauthorized use.
We may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Your use of Website is subject to the most current version of the terms of use posted on the Website at the time of such use.
Xyberia Technologies Private Limited herein is company working in IT sector specialising in all types IT related of consultancy and services more specifically, committed to delivering cutting-edge technology services and products. The Company specializes in creating bespoke software solutions tailored to meet the unique needs of our clients/users, empowering businesses with tools to drive success and scalability and provides IT related services which are inclusive but not exhaustive of services related to Custom Software Development, Graphic Design, Cloud Integration, UI/UX Design and Enterprise Solutions. By accessing our website, you agree to the following terms and conditions and the said shall represent a legally binding agreement between ‘Xyberia Technologies Private Limited’ and the User. Please read it carefully. When you, the user, use our services, or access our website, you indicate that you understand and agree to the following terms and conditions stated herein under, as follows:

  1. DEFINITIONS:
    2. Unless the context otherwise requires, the following terms whenever used in this agreement shall have the following meaning:
    1. 1.1 “Affiliate” means, for a Party, any other entity that controls, is controlled by, or under common control with, the Party. For the purposes of this definition, the term “control” means the direct or indirect power to direct the affairs of the other entity through at least 50% of the shares, voting rights, participation, or economic interest in this entity.
    2. 1.2 “Executable Code” means fully compiled version of the Software that can be executed by a computer or otherwise in accordance with the Specifications for the Software and used by the end user.
    3. 1.3 “Intellectual Property Rights” includes all intellectual property rights worldwide arising under statutory or common law or arising by contract acquired, including all trademark, copyrights, patent, trade secret, moral rights or any other similar rights and privileges relating to intangible property.
    4. 1.4 “Personnel” means the person hired by the parties for execution of the work as specified in the scope of work in this agreement.
    5. 1.5 “Scope of Work” (“SOW”) means a description of Services to be performed by the Company.
    6. 1.6 “Statement of Work” means a written statement executed between the company and its users either in electronic form or in physical hard copy.
    7. 1.7 “Source Materials” means the complete source code from which the Software is complied. Source Materials shall include the fully commented source code and internal system documentation for the Software, as -wellas all other materials, in both machine readable and hard-copy form, which are used to develop or test the Software. Source materials shall include procedural code, design documents, data models, help materials, tutorial programs, appropriate debug code, algorithms, notes, scripts, charts, test cases, data diagrams and schematics, including those developed by or for the First party during the term of this Agreement.
    8. 1.8 “Xyberia Technologies Private Limited, XTPL, Company” means Xyberia Technologies Private Limited, a company registered under The Companies Act, 2013 having registered office at A-369, Triveni Nagar, Gopalpura Bypass, Durgapura, Jaipur – (Raj.) - 302018.
  2. SCOPE OF WORK:
    1. 2.1 XTPL shall perform the services related to the following work area for its users:
      1. Custom Software Development: Tailored software solutions to meet unique business requirements.
      2. Graphic Design: Crafting visually compelling designs to strengthen brand identity.
      3. Cloud Integration: Helping businesses transition seamlessly to the cloud.
      4. UI/UX Design: Building engaging and intuitive user interfaces and experiences.
      5. Enterprise Solutions: Implementing robust systems to streamline operations.

      Provided that, the scope of work mentioned in this clause is a general outline of services that can be rendered by the company, however, final scope of work shall be decided mutually by both the parties on project-toproject basis.
      Provided further that, the final scope of work for any project as decided be both the parties shall be laid down in writing under Statement of work for that project, and shall be binding on both the parties.

  3. PRIVACY:
    1. 3.1 XTPL Privacy Policy, describes how we will protect your privacy and handle your personal information when using our Site. By using the Site, you agree that XTPL can use such information in accordance with this policy.
  4. INDEMNITY:
    1. 4.1 You shall indemnify and hold harmless the company and the company’s parent, subsidiaries, affiliates, third-parties and their respective officers, 4 | Page partners, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the agreement including the rules and policies incorporated herein by reference, or your violation of any law, rules or regulations or the rights of a third party.
  5. INTELLECTUAL PROPERTY RIGHTS:
    1. 5.1 All intellectual property rights and other rights in website’s online contents (in both machine readable and printed form) belong to company only. Authorized users acquire no proprietary interest in the said online contents and except as expressly permitted by these terms and conditions and may not use the contents in any way that infringes the intellectual property rights in them.
    2. 5.2 Authorized users shall not obscure or remove any copyright notices that appear on online contents.
    3. 5.3 The content, organization, graphics, questions, answers, software, design, style, interface, compilation, digital conversion, flow and every other matter related to the website are protected under applicable Indian and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. Company and its affiliates have registered trademarks of its private limited company which shall not be used by any unauthorised user.
    4. 5.4 The user unequivocally agrees to ensure that in event of claiming a copyright violation the user will undertake to first inform us through all available means provided in the website about the nature of copyright violation and undertakes not to proceed with legal / judicial action without recourse through a meaningful dialogue with us and providing us an opportunity to undertake corrective action, if required, in a mutually agreeable time frame.
    5. 5.5 Other products/services, company names, brand names, marks and contents displayed on the website may be the trademarks or copyrights of their respective owners.
    6. 5.6 Copying, redistribution, use or publication by user of any such matters or any part of the website except as allowed by this agreement shall be strictly prohibited. You agree and acknowledge that you shall not acquire ownership rights to any contents, documents or other materials viewed through the website. The posting of information or materials on the website by us does not constitute a waiver of any rights in such information and materials.
  6. LIMITED LIABILITY:
    1. 6.1 You agree and acknowledge that in no event shall the company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the website, the pay facility, or any other services under this agreement. Further, the company liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the company. The company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the website or that the operation of the website or pay facility will be error free and/or uninterrupted. Consequently, the company assumes no liability whatsoever for any monetary or other damage suffered by you on account of any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the website or pay facility.
  7. GRIEVANCE REDRESSAL PROCESS
    1. 7.1 In case of any grievance, objection or complaint on your part with respect to the website, you shall promptly raise such grievance or complaint with the designated grievance officer at founders@xyberiatech.com and provide him with all necessary information and/or documents to enable the grievance officer to resolve the issue.
  8. ARBITRATION:
    1. 8.1 If any dispute arises between the user and the company during your use of the website or the pay facility or any service incidental to the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the agreement or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the company whose decision shall be final. The place and seat of arbitration shall be Jaipur, Rajasthan, India. The Indian Arbitration & Conciliation act, 1996, shall govern the Arbitration proceedings. The arbitration proceedings shall be in the English language and shall follow Fee Schedule as per the Arbitration and Conciliation Act, 1996.
  9. GOVERNING LAWS:
    1. 9.1 This agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the courts in Jaipur, Rajasthan, India shall have exclusive jurisdiction without any conflict of law.
    2. 9.2 Further, if investigation proves your involvement in cyber-attacks on our website, then you agree and acknowledge jurisdiction of adjudicating officer under Indian information technology act, 2000, state of Rajasthan for compensation of losses due to such cyber - attacks.
  10. ASSIGNMENT:
    1. 10.1 This agreement may not be assigned or sublet by the subscriber without the prior written consent of us.
  11. WAIVER:
    1. 11.1 Any failure or delay by either party to exercise any right, power, or privilege hereunder or to insist upon observance or performance by the other of the provisions of this Agreement shall not operate or be construed as waiver thereof.
  12. FORCE MAJEURE:
    1. 12.1 The company shall be under no liability for any failure, delay or omission by it in the performance of its obligations under this agreement, if such failure delay or omission arises from any cause beyond our control, including, but not limited to acts of God, acts or regulations of any governmental or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-out and industrial disputes.
  13. SEVERABILITY:
    1. 13.1 The parties recognize the uncertainty of the law with respect to certain provisions of this agreement and expressly stipulate that this agreement will be construed in a manner that renders its provisions valid and enforceable to the maximum extent possible under applicable law. To the extent that any provisions of this agreement are determined by a court of competent jurisdiction to be invalid or unenforceable, such provisions will be deleted from this agreement or modified to make them enforceable, such provisions will be deleted from this agreement or modified so as to make them enforceable and the validity and enforceability of the remainder of such provisions and of this agreement will be unaffected.
  14. SURVIVAL:
    1. 14.1 Upon termination of this agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

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Jaipur, Rajasthan, India
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founders@xyberiatech.com

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