This Xapi End User License Agreement (“Agreement”) is a legal agreement between you who uses or subscribes Xapi (“User” or “Subscriber”) and X-venture Global Solutions Pvt Ltd, registered in Sri Lanka bearing registration number: PV00233880, with its principal place of business at No 1185/1/E, Vidyala Junction, Pannipitiya, Sri Lanka (“Company”, “we”, or “us”). If you are an individual accepting this Agreement on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind such entity to the terms of this Agreement and “You” or “Your” will refer to that entity hereafter.
By subscribing to, accessing, or using Xapi (the “Software”), you agree to be bound by the terms of this Agreement. If you do not agree to these terms, you must not access or use the Software.
1.1. Subscription-Based License: Subject to payment of applicable fees and compliance with this Agreement, Company grants User a non-exclusive, non-transferable, and revocable license to use the Software during the subscription term.
1.2. Permitted Use: User may use the Software solely for designing, testing, and managing APIs in accordance with the Software’s intended purpose .
1.3. Restrictions: User shall not:
2.1. Subscription Term: The license is granted for the duration of the subscription period selected by the User and will automatically renew unless cancelled in accordance with Section 2.3.
2.2. Fees and Billing: User agrees to pay the subscription fees as per the pricing plan selected at the time of subscription. Failure to make timely payments may result in suspension or termination of access.
2.3. Cancellation: The User may cancel the subscription at any time through their account settings. No refunds shall be issued for partial subscription periods unless required by law.
3.1. The Software, including all modifications, updates, and enhancements, remains the sole property of Company.
3.2. This Agreement does not grant the User any ownership rights in the Software.
3.3. This Agreement grants the User only a limited right to use it as outlined in this Agreement.
4.1. The Company may collect and process User data in accordance with its Privacy Policy, which is incorporated by reference into this Agreement.
4.2. The User acknowledges that Company may collect usage data to improve software functionality and security.
5.1. The Software and all related materials, including but not limited to source code, object code, user interfaces, design, documentation, and content, are protected by copyright and other intellectual property laws.
5.2. All copyrights, trademarks, and other proprietary rights in and to the Software are and shall remain the exclusive property of the Company or its licensors.
5.3. Unauthorized use, reproduction, or distribution of any part of the Software is strictly prohibited and may result in legal action.
6.1. The Software is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
6.2. The Company does not warrant that the Software will be error-free, uninterrupted, or meet the User’s specific requirements.
7.1. You agree to use the Software in accordance with all applicable laws and regulations and solely for lawful purposes.
7.2. You shall not use the Software in any manner that could damage, disable, overburden, or impair any server or the network(s) connected to any Company server, or interfere with any other party’s use of the Software.
7.3. The User must not attempt to gain unauthorized access to the Software, other accounts, computer systems, or networks connected to the Company systems through hacking, password mining, or any other means.
8.1. To the maximum extent permitted by law, Company shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, business interruption, or data loss, arising from the use of the Software.
8.2. In no event shall Company’s total liability exceed the amount paid by User for the subscription in the twelve (12) months preceding the claim.
9.1. The Company may terminate this Agreement immediately if User breaches any term of this Agreement.
9.2. Upon termination, User must cease all use of the Software, and Company may disable User’s access.
10.1. Governing Law: This Agreement shall be governed by the laws of Sri Lanka, without regard to conflict of law principles.
10.2. Dispute Resolution: Any disputes arising from this Agreement shall be resolved through binding arbitration in Sri Lanka unless otherwise required by law.
10.3. Entire Agreement: This Agreement constitutes the entire agreement between the parties regarding the Software and supersedes any prior agreements.
10.4. Amendments: Company reserves the right to modify this Agreement at any time. Continued use of the Software after modifications constitutes acceptance of the revised Agreement.
10.5. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11.1. By accepting this End User License Agreement (EULA), you also agree to be bound by our Data Processing Agreement (DPA) which governs the processing of personal data in connection with the services we provide.
11.2. This DPA forms an integral part of the EULA, and by signing up for or using our services, you acknowledge and accept the terms outlined in the DPA.
11.3. If you require a mutually signed copy of the DPA for your records, please download the document, sign it, and email it to dpo@x-venture.io . we will return a fully executed version after completion of our internal review and signature process.
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