Terms and Conditions

1. Acceptance of Terms

By accessing or using the Site or Services, you confirm that you are at least 18 years old or have the legal capacity to enter into a binding agreement. These Terms form a legally binding agreement between you and XervAi Solutions LLP, a limited liability partnership registered in India. We may update these Terms at any time, and the updated version will be effective upon posting on the Site. Your continued use of the Site or Services after any changes constitutes your acceptance of the revised Terms.

2. Use of Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Services in any way that violates applicable local, national, or international laws or regulations, including but not limited to Indian IT laws and data protection regulations.
• Attempt to gain unauthorized access to our systems, networks, or client data.
• Use the Services to transmit malicious code, viruses, or any harmful content that could disrupt or damage systems.
• Engage in any activity that interferes with or disrupts the functionality of the Services or the Site.
• Misrepresent your identity or provide false information during registration or service use.

3. Intellectual Property

All content on the Site, including text, graphics, logos, and software, is the property of XervAi or its licensors and is protected by Indian and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without our prior written consent. Third-party images or content used on the Site belong to their respective owners, and XervAi claims no ownership or responsibility for such content.

4. User Content

If you submit content to us (e.g., feedback, testimonials, or inquiries), you grant XervAi a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content in connection with our Services. You represent and warrant that you have the right to submit such content and that it does not infringe on any third-party rights, including intellectual property or privacy rights.

5. Third-Party Links and Services

Our Site may contain links to third-party websites or services (e.g., Microsoft Azure, AWS) that are not owned or controlled by XervAi. We are not responsible for the content, policies, or practices of these third-party websites or services. You access such third-party sites at your own risk, and we recommend reviewing their terms and privacy policies.

6. Payment and Fees

Some Services may require payment as outlined in separate service agreements or invoices. All fees are non-refundable unless otherwise specified in a written agreement. You agree to pay all applicable taxes, including Goods and Services Tax (GST) as per Indian tax laws. Failure to make timely payments may result in suspension or termination of Services.

7. Limitation of Liability

To the maximum extent permitted by Indian law, XervAi, its affiliates, officers, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to your use of the Site or Services. Our total liability for any claim shall not exceed the amount you paid for the Services in the preceding 12 months.

8. Disclaimer of Warranties

The Site and Services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. XervAi does not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

9. Indemnification

You agree to indemnify, defend, and hold harmless XervAi, its affiliates, officers, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights, including intellectual property or privacy rights.

10. Termination

We may suspend or terminate your access to the Site or Services at our sole discretion, with or without notice, for reasons including but not limited to violation of these Terms, non-payment, or suspected fraudulent activity. Upon termination, your right to use the Services will cease immediately, and any outstanding obligations (e.g., payment) will remain enforceable.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the courts located in Bangalore, Karnataka, India. You agree to submit to the personal jurisdiction of such courts. If permitted by law, you waive any right to a jury trial or class action proceedings.

12. Data Protection and Privacy

Your use of the Site and Services is subject to our Privacy Policy, available at xervai.com/privacy. We comply with applicable Indian data protection laws, including the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023 (if applicable). You agree to provide accurate information and consent to our collection and processing of your data as described in the Privacy Policy.

13. Copyright and Intellectual Property Infringement

All content on the Site is © 2025 XervAi Solutions LLP, unless otherwise stated. Third-party images or content used on the Site are the property of their respective owners, and XervAi does not claim ownership or assume liability for such content. If you believe any content on our Site infringes your copyright or intellectual property rights, please contact us at hello@xervai.com with a detailed notice, including:

• A description of the copyrighted work or intellectual property you claim has been infringed.
• The location of the allegedly infringing material on the Site.
• Your contact information and a statement that you have a good-faith belief the use is unauthorized.
• A statement under penalty of perjury that the information in your notice is accurate.

We will respond promptly to valid notices in accordance with applicable laws.

14. Force Majeure

XervAi shall not be liable for any failure or delay in performing the Services due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, government actions, cyberattacks, or disruptions in third-party services (e.g., cloud providers).

15. Service-Specific Agreements

Certain Services (e.g., managed IT, cloud migration, or AI solutions) may be subject to additional agreements or contracts. In case of any conflict between these Terms and a service-specific agreement, the latter shall prevail with respect to the specific Service.

16. Miscellaneous

• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
• Entire Agreement: These Terms, together with any service-specific agreements and the Privacy Policy, constitute the entire agreement between you and XervAi regarding the use of the Site and Services.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. XervAi may assign its rights and obligations to a third party without your consent.