Terms of Service

Last updated: 2 June 2026

These Terms of Service ("Terms") govern your use of Xceed's website, services, and all related platforms (collectively, the "Service"). Xceed is a custom software development and AI solutions studio based in Pune, India ("Xceed," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By using the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree, you must not use the Service. Your continued use of the Service constitutes your acceptance of any updates or modifications to these Terms. We reserve the right to modify these Terms at any time in accordance with Section 13 below.

2. Eligibility

You represent and warrant that:

You are a legal entity (corporation, partnership, sole proprietorship, or similar) or an individual acting on behalf of a legal entity;
You have the authority to enter into a binding contract on behalf of your organization;
You are not located in, nor ordinarily resident in, any jurisdiction that prohibits business with Indian service providers;
You comply with all applicable laws and regulations in your jurisdiction; and
You are not engaged in any unlawful activity or activity that violates third-party rights.

If you do not meet these criteria, you are not permitted to use the Service.

3. Account Registration

To access certain features of the Service, you may be required to register an account and provide accurate, complete, and current information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify Xceed immediately of any unauthorized access or use of your account. Xceed is not liable for any loss or damage arising from your failure to protect your credentials.

4. Acceptable Use

You agree not to use the Service in any manner that:

Violates any applicable law, statute, ordinance, or regulation in any jurisdiction;
Infringes, violates, or misappropriates any intellectual property, privacy, or other right of any third party;
Transmits viruses, malware, or any code designed to harm or impede the Service;
Engages in harassment, threats, defamation, or any form of abuse;
Attempts to gain unauthorized access to the Service, other accounts, or computer systems or networks;
Impersonates any person or entity or misrepresents your affiliation;
Uses automated tools (including bots, scrapers, or crawlers) without prior written consent;
Interferes with or disrupts the integrity or performance of the Service;
Involves any illegal activity, fraud, or deception; or
Violates these Terms or any other agreement you have with Xceed.

Xceed reserves the right to investigate any breach and take appropriate legal action, including suspension or termination of access.

5. Intellectual Property Rights

5.1 Xceed's Intellectual Property

All content, materials, tools, code, frameworks, methodologies, and intellectual property owned or developed by Xceed (including but not limited to software, documentation, designs, and trademark) remain the exclusive property of Xceed and are protected under Indian copyright law, the Copyright Act, 1957, and international intellectual property treaties. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service solely for the purposes contemplated in your engagement with Xceed, provided you do not sublicense, modify, or commercialize any Xceed intellectual property.

5.2 Custom Deliverables

Any custom software, code, design, documentation, or other work product specifically created by Xceed for you ("Custom Deliverables") shall be owned by Xceed unless a separate written agreement explicitly transfers ownership to you. Ownership transfer, if granted, shall occur only upon full payment of all fees and is subject to any third-party license restrictions. You may only use Custom Deliverables in accordance with the specific scope of work agreed upon in writing.

5.3 Open Source and Third-Party Components

The Service may incorporate open-source software or third-party components licensed under various open-source licenses (including GPL, MIT, Apache, and similar). Your use of such components is subject to their respective license terms. Xceed makes no representation or warranty regarding such third-party software, and you acknowledge that Xceed's liability for third-party components is excluded to the maximum extent permitted by law.

6. User Content

You retain ownership of any data, information, or content you provide to Xceed ("User Content"). By providing User Content, you grant Xceed a worldwide, non-exclusive, perpetual, irrevocable license to access, use, process, and analyze User Content solely to deliver the Service and improve our offerings. You warrant that you own or have obtained all necessary rights to User Content and that it does not violate any third-party rights or applicable law. You are responsible for maintaining backups of User Content; Xceed is not obligated to retain User Content indefinitely.

7. Disclaimers

7.1 "As-Is" Basis

The Service is provided on an "as-is" and "as-available" basis. Xceed makes no warranty, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or title. Xceed does not warrant that the Service will be uninterrupted, error-free, or free from viruses or harmful components.

7.2 No Guarantee of Results

Xceed does not guarantee any specific business outcomes, revenue, performance improvements, or results from the Service. Software development and AI solutions involve inherent uncertainties. Any performance data, testimonials, or case studies are provided for illustration only and do not constitute a guarantee or warranty.

7.3 Third-Party Services and Content

The Service may link to or integrate third-party services, platforms, or content. Xceed is not responsible for the availability, accuracy, or legality of third-party content or services, and your use is governed by their respective terms and privacy policies. Xceed shall not be held liable for any loss or damage arising from your use of third-party services.

8. Limitation of Liability

8.1 Cap on Liability

To the maximum extent permitted under Indian law (the Indian Contract Act, 1872 and relevant case law), Xceed's total cumulative liability to you arising from or related to these Terms, the Service, or any engagement shall not exceed the total amount paid by you to Xceed in the 12 months preceding the claim, or INR 50,000 (Indian Rupees Fifty Thousand), whichever is greater.

8.2 Excluded Damages

In no event shall Xceed be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, revenue, data, business opportunity, or goodwill, even if Xceed has been advised of the possibility of such damages.

8.3 Applicability

These limitations apply to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and regardless of whether Xceed has been advised of the possibility of such damages.

9. Indemnification

You agree to indemnify, defend, and hold harmless Xceed, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of the Service in violation of these Terms;
Your User Content or any data you provide, including claims that such content infringes third-party intellectual property or privacy rights;
Your violation of any applicable law or regulation;
Your violation of any third-party rights; or
Any claim arising from your business practices or conduct.

Xceed reserves the right to control the defense of any such claim, and you shall cooperate fully with Xceed in such defense.

10. Termination

10.1 Termination by You

You may terminate your use of the Service at any time by providing written notice to Xceed. Termination does not relieve you of any obligations incurred prior to termination, including payment of all outstanding fees.

10.2 Termination by Xceed

Xceed may suspend or terminate your access to the Service immediately, without notice or liability, if:

You breach any material term of these Terms;
You violate any applicable law or regulation;
You engage in any unlawful or abusive conduct;
Xceed reasonably believes continued provision of the Service poses a legal, security, or operational risk; or
Xceed ceases to offer the Service.

10.3 Effect of Termination

Upon termination, all licenses and rights granted to you shall immediately cease. Sections 5 (Intellectual Property), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 11 (Governing Law and Jurisdiction), and 12 (Dispute Resolution) shall survive termination.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. You irrevocably consent to the exclusive jurisdiction of the courts located in Pune, Maharashtra, India for any dispute arising from or related to these Terms or the Service.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal proceedings, the parties agree to attempt informal resolution by exchanging written correspondence for a period of 30 days.

12.2 Arbitration

If informal resolution fails, any dispute arising from or related to these Terms, the Service, or any engagement shall be resolved by binding arbitration under the Arbitration and Conciliation Act, 1996. A single arbitrator shall be mutually appointed by the parties. The arbitration shall be conducted in English at Pune, India. The arbitrator's decision shall be final and binding and may be enforced in any competent court. Costs of arbitration shall be borne equally by both parties unless the arbitrator determines otherwise based on the merits.

12.3 Exception: Injunctive Relief

Notwithstanding the arbitration clause, either party may seek injunctive or equitable relief in the courts of Pune, Maharashtra to prevent irreparable harm or protect intellectual property rights.

13. Changes to Terms

Xceed may modify these Terms at any time. Material changes will be notified to you via email or prominent notice on the website at least 30 days before the changes take effect. Your continued use of the Service after the notice period constitutes acceptance of the modified Terms. If you do not accept the modifications, you must terminate your use of the Service.

14. Contact

If you have questions about these Terms of Service, wish to report a breach, or need to contact Xceed, please reach out:

Xceed
Pune, Maharashtra, India
Email: legal@xceedtech.in

For general inquiries: hello@xceedtech.in