These Terms of Service ("Terms") govern access to and use of the Xmatix platform, mobile applications, Xmatix Sense, and the xmatix.com website (together, the "Service"), provided by xMatix Private Limited, Panchshil Business Park – II, Level 3, Tower C, Balewadi High Street, Pune, Maharashtra – 411045, India ("Xmatix"). By using the Service, or by signing an order form that references these Terms, you agree to them on behalf of yourself and, where applicable, the organisation you represent (the "Customer").
1. The Service
Xmatix provides a multi-tenant business application platform, including configurable business applications, a low-code configuration studio, mobile applications, analytics, and AI-assisted features. Specific entitlements — products, features, user seats, and AI credits — are defined by the Customer's subscription.
2. Accounts
Customers are responsible for the accuracy of account information, for maintaining the confidentiality of credentials, and for all activity under their users' accounts. Access must be limited to authorised personnel of the Customer.
3. Customer data
The Customer owns the business data it stores in the Service ("Customer Content"). Xmatix processes Customer Content only to provide the Service, in accordance with the Privacy Policy and the Data Processing Addendum. The Customer is responsible for the lawfulness of the Customer Content it collects and processes through the Service, including notices to and consents from its own employees and customers (for example, for field location tracking).
4. Acceptable use
The Customer must not: (a) use the Service in violation of applicable law; (b) attempt to gain unauthorised access to the Service or other tenants' data; (c) probe, disrupt, or overload the Service; (d) upload malicious code; (e) sublicense, resell, or provide the Service to third parties except as expressly agreed; or (f) use the Service to build a competing product.
5. Fees
Fees, billing periods, and payment terms are set out in the applicable order form. Fees are exclusive of taxes, including GST, which the Customer bears as applicable. Late amounts may attract interest as permitted by law. Xmatix may suspend the Service for undisputed amounts that remain unpaid after notice.
6. AI features
Xmatix Sense and other AI features generate outputs from models and Customer Content context. Outputs may be inaccurate or incomplete and are provided to assist — not replace — human judgment. Actions proposed by AI features execute only within the requesting user's permissions and, where configured, after explicit approval. The Customer is responsible for reviewing AI outputs before relying on them.
7. Intellectual property
Xmatix retains all rights in the Service, its software, and documentation. The Customer retains all rights in Customer Content and in configurations, scripts, and components it authors, subject to Xmatix's rights in the underlying platform. Feedback may be used by Xmatix without obligation.
8. Confidentiality
Each party will protect the other's confidential information with at least reasonable care and use it only to perform under these Terms. Confidentiality obligations survive termination for three (3) years; trade secrets are protected for as long as they remain trade secrets.
9. Warranties and disclaimers
Xmatix warrants that it will provide the Service with reasonable skill and care. Except as expressly stated, the Service is provided "as is", and Xmatix disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, or consequential damages, or for loss of profits, revenue, or data. Each party's aggregate liability under these Terms is limited to the fees paid or payable by the Customer for the twelve (12) months preceding the event giving rise to the claim. These limits do not apply to breaches of confidentiality, infringement of the other party's intellectual property, or amounts payable under Section 5.
11. Term and termination
These Terms apply for the subscription term stated in the order form. Either party may terminate for material breach not cured within thirty (30) days of notice. Upon termination, the Customer may export Customer Content for a period of thirty (30) days, after which it is deleted in accordance with the Data Processing Addendum.
12. Changes
Xmatix may update the Service and these Terms. Material changes to these Terms will be notified in advance; continued use after the effective date constitutes acceptance.
13. Governing law
These Terms are governed by the laws of India. The courts at Pune, Maharashtra have exclusive jurisdiction, subject to any arbitration agreement in the applicable order form.