Terms and conditions
- 1. Acceptance of Terms
These Terms of Service (this “Agreement”) between Xntity and you govern your access and use of our platform made available through Xntity.lk (this “Site”) and the Subscription or other services we provide through this Site (the “Services”). By using this Site and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
This Site is controlled and operated by us from our offices within Sri Lanka. We make no representation that materials on the Site are appropriate, they are available for use in other locations, or access to them from territories where its contents are illegal is prohibited. Those who choose to access this Site from locations outside of Sri Lanka are responsible for compliance with all applicable laws.
We may update this Agreement from time to time. By continuing to use this Site and the Services after the update, you accept the update in its entirety. All updates are effective upon posting. We encourage you to check the “Terms of Service” link on the home page each time you visit this Site, so you are aware of any updates.
2. Privacy Policy
2.1 Our privacy policy, which can be found at https://www.xntity.com (the “Privacy Policy”), describes how we may use your personal information. By continuing to use this Site, you accept the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy, please leave this Site immediately.
3. The Services
3.1 Subject to your compliance with this Agreement, as well as your subscription for an applicable developers’ service and our timely receipt of your associated payment(s) will make the applicable Services available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Services available subject to planned downtime and any unscheduled emergency maintenance.
3.2. You may only access and use the Services in accordance with the terms of the Agreement. You agree to (i) provide accurate, current, and complete information about you as may be prompted by any form on this Site (“Registration Data”); (ii) maintain and promptly update the Registration Data to keep it accurate, current and complete; (iii) maintain the security of any password and identification information; (iv) notify us immediately of any unauthorized use of your account; (v) accept sole responsibility for any and all activities that occur on your account. Each person who uses any Services must have a separate username and password. You must provide a valid email address for each person that you authorize to use your account. You agree to provide any other information that we reasonably request.
3.3. We may terminate your account without prior notice or liability to you, if we find, in our sole and exclusive discretion, that you: (i) have violated this Agreement; (ii) are not in alignment with our model; (iii) are sharing usernames or passwords; (iv) violate our core values; or (v) are abusing our services or team members in any way, including using our services for illegal purpose.
3.4. In case a user violates our company’s policies or guidelines, we reserve the right to block the user’s account without any prior notification and are under no financial obligations to the user as a company. In case the violations continue, we reserve the right to take appropriate legal recourse.
3.5. Subject to your continued compliance with this Agreement, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your internal business purposes. You may not access or use the Services in order to monitor its availability, performance, or functionality for competitive purposes. You may not, and may not permit any third party to: (a) reverse engineer (except to the extent specifically permitted by law), decompile, disassemble or otherwise attempt to discover source code, object code or underlying structures, ideas or algorithms of the Services, (b) modify, translate or create derivative works based on the Services, (c) use the Services for any purpose other than your own internal business purposes; or (d) use the Services other than in accordance with the Agreement and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy and intellectual property laws).
4. Use of the Services
4.1. You may use the Services for any task that is appropriate based on the size of your account. While the developer accepts unlimited tasks, his output volume depends on many factors, namely depending on the total request volume and complexity. Developers will do their best to work with you to accommodate any priority items and your timelines.
4.2. Developers will do their best to minimize any mistakes. However, due to the nature of development and design, they cannot guarantee all tasks delivered will be error-free. When a developer delivers a task to you, you agree to review and proof all files for any errors or omissions and notify the developer if any changes or corrections are needed. Developers will do their best to correct any mistakes that you notify us about during the active subscription period. If you notify us of any errors after the subscription period, developers are not obligated to make any corrections.
4.3. The speed of your task productivity depends on the developer you choose. What your developer can create depends on many factors, including, but not limited to: (i) the type of developer’s time commitment ; (ii) the volume of requests; (iii) the complexity of requests, (iv) the amount of data, (v) the speed of client responding, (vi) and changes in the development process. To increase the volume of work developers can complete within a business day, we suggest you add another developer or change the type developer’s time-commitment in your account.
4.4. You are the owner and/or controller of all of your information, data or materials that you provide to us to use the Services (“Customer Content”). By submitting Customer Content to us, you are representing that you are the owner of such Customer Content and/or have the necessary rights, licenses, and authorization to distribute it. You grant us a worldwide, royalty free, non-exclusive license to access and use Customer Content to provide the Services to you.
4.5. You are, and will be, the sole and exclusive owner of all right, title, and interest in and to the deliverables, including all intellectual property rights therein.
4.6. In the course of providing the Services, we may use certain pre-existing materials. We and our licensors are, and will remain, the sole and exclusive owners of all right, title, and interest in and to any pre-existing materials. We grant you a perpetual, limited, royalty-free, non-transferable, non-sublicensable, worldwide license to use, display, and distribute any pre-existing materials to the extent incorporated in, combined with, or otherwise necessary for the use of the Services or deliverables. Notwithstanding the foregoing, the terms of this Section 4.6 are subject to your compliance with this Agreement, your full payment of applicable amounts due and the terms of Sections 5 below. We expressly reserve all other rights in and to such pre-existing materials.
4.7 If Direct Working Relationship between the Client and Developer has ended the developer can return to Xntity and be counted as a regular developer.
5. Use of Stock Services
5.1. Subject to compliance with this Agreement and full payment of applicable amounts due, we grant you a revocable, non-exclusive, non-transferrable, royalty-free, worldwide right and license to the Licensed Content for your personal or professional use, including but not limited to use in your own project.
5.2. To the extent that we license the Licensed Content from any third party, you agree to comply with the relevant third-party license. Except with our written permission, you may not: (i) sell, resell, rent, lease, sublicense, assign, grant a security interest in, or otherwise transfer any part of your rights to use Licensed Content apart from a deliverable prepared by us or as part of a product for your own personal use; (ii) change, alter, adapt, translate, convert, modify, or make any derivative works of any Licensed Content; (iii) falsely represent that you are the original creator of any Licensed Content; (iv) use Licensed Content in a pornographic, defamatory, or other unlawful manner; (vi) use Licensed Content in any way that allows others to download, extract, or redistribute Licensed Content as a standalone file or work.(vii) use Licensed Content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model.
7. Billing and Cancellation
7.1. Billing Cycle. The membership fee for the Service and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date. The length of your billing cycle will depend on the type of commitment you choose. In some cases, your payment date may change. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for up to one year of service as soon as you register.
7.2. Payment Methods. To use the Service, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully cleared, due to expiration of credit cards, insufficient funds in bank accounts, or otherwise, and you do not cancel your account, we may suspend your access to the Service until we have successfully charged a valid Payment Method. Check with your Payment Method service provider for details.
7.3. Updating your Payment Methods. You can update your Payment Methods by going to the "Bank" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
7.4. Cancellation. You can cancel your membership and you will coTo cancel please contact your Administrator via email. Your account will be canceled after 14 days of your notice via email. Till that moment you will be charged for any Account related expenses.
7.5. We hope you are pleased with our Cancellation Policy. If, for whatever reason, you are not, please, contact the Support Team via this email: support@xntity.com Our team will deal with the complaint as soon as possible. If the Success team cannot deal with the request, the complaint will be resolved by the high-level management. The response will be given within ten (10) business days.
8. Confidential Information
8.1. For purposes of this Agreement, the term “Confidential Information” means non-public or proprietary information, including, without limitation, information relating to current or future business, products and services, research, images, development, design details and specifications, and marketing plans.
8.2. During the course of our relationship, you disclose to Xntity your Confidential Information. We agree to hold in confidence and not disclose to any third party any of your Confidential Information, except as approved or directed in writing by you, and will use your Confidential Information for no purpose other than for providing you with the Services. We will provide access to your Confidential Information to employees, officers, directors, contractors, representatives and agents on a need-to-know basis.
8.3. During the course of our relationship, we may similarly disclose to you our Confidential Information. You agree to hold in confidence and not disclose to any third party any of our Confidential Information, except as approved or directed in writing by us, and will use our Confidential Information for no purpose, except as permitted by this Agreement. You will limit access to our Confidential Information to only those employees, officers, directors, contractors, representatives and agents to whom it is necessary to disclose our Confidential Information. You will be responsible to you for any breach of this provision by your employees, officers, directors, contractors, representatives and agents.
8.4. Notwithstanding anything to the contrary in this Agreement, the following is not Confidential Information: (a) information that was in the public domain at the time of its disclosure or has entered the public domain without breach of this Agreement; (b) information that was already in the rightful possession of a party at the time of disclosure; (c) information that is independently developed by a party without breaching this Agreement; or (d) information that becomes known to a party, without restriction, from a third party source not directly or indirectly involving a breach of this Agreement.