1. Who these terms are between
These terms form an agreement between you ("you", "your", or "Customer") and XServ Labs, with its principal place of business in Hyderabad, Telangana, India ("XServ Labs", "we", "us", "our").
By using our website, downloading our products, signing a separate engagement agreement, or otherwise interacting with our services, you accept these terms. If you don't accept them, please don't use our services.
2. Services covered
- Website — the public content at xservlabs.com
- Traxium — our fleet management product (traxium.in, mobile apps, integrations)
- Praxate — our CCTV workforce intelligence product
- Custom development services — engagements scoped under separate Statements of Work (SOWs)
- Any future product, software, or service launched under the XServ Labs umbrella — these terms apply by default unless that specific product publishes its own terms that supersede them
If a separate signed SOW or service agreement is in place, that agreement controls in case of conflict with these general terms. Where a future product publishes product-specific terms (e.g. a new SaaS with its own pricing and SLA), those product-specific terms control for that product.
3. Acceptable use
You agree not to:
- Use our services to break any applicable law (Indian or otherwise)
- Infringe anyone's intellectual property, privacy, or other rights
- Reverse-engineer, decompile, or extract our source code (where not provided to you)
- Probe, scan, or test the vulnerability of our systems without prior written authorisation
- Use our services to send spam, malware, or fraudulent communications
- Misrepresent your identity, employer, or authority to act on behalf of another party
- Use automated tools to scrape, mirror, or extract bulk data from our products without consent
4. Accounts and security
- You're responsible for keeping your account credentials secure
- You're responsible for activity that happens under your account
- Notify us immediately at hello@xservlabs.com if you suspect unauthorised access
- We may suspend or terminate accounts that violate these terms, with notice where practicable
5. Fees, billing, and refunds
For paid services:
- Fees are payable in advance unless agreed otherwise in writing
- GST and other applicable taxes are added as required by Indian law
- Late payment may attract interest at 1.5% per month or the maximum allowed by law, whichever is lower
- Free trials are non-refundable; paid plans are typically non-refundable mid-cycle unless required by law
- Disputes about a particular invoice must be raised in writing within 30 days of the invoice date
6. Intellectual property
6.1 Ours
The XServ Labs and Traxium / Praxate names, logos, design, source code (except where specifically assigned to you in writing), and marketing content are owned by XServ Labs or our licensors. These terms don't grant you any ownership.
6.2 Yours
For custom development engagements: on full payment and as specified in the SOW, we assign ownership of the bespoke source code we developed for you. We retain rights to our pre-existing tools, libraries, and general know-how, which we licence to you for the use of your software.
6.3 Data you put in
You retain ownership of your data uploaded to or processed by our services. You grant us a limited licence to host, process, and back up that data for the purpose of providing the service.
7. Confidentiality
Where we exchange confidential information (your business processes, client lists, our technical approach, etc.), each side agrees to:
- Use the other's confidential information only for the purpose of the engagement
- Protect it with at least the same care used for similar confidential information of its own
- Not disclose it to third parties without consent (except as required by law)
For deeper confidentiality terms (e.g. with named representatives, exclusivity terms), please sign a separate NDA — we'll send our standard template or sign yours.
8. Warranties and disclaimers
We provide our services "as is" and "as available". To the extent permitted by law, we disclaim implied warranties of merchantability and fitness for a particular purpose. We don't warrant that:
- Our services will be uninterrupted or entirely error-free
- Specific business outcomes (e.g. revenue, cost reduction) will result from using them
- Third-party integrations (e.g. WhatsApp, Tally, GPS devices) will always function as expected
Where mandatory consumer-protection or other laws give you statutory rights that can't be waived, those rights remain unaffected.
9. Limitation of liability
To the maximum extent permitted by law, our total liability to you for any claim arising out of or related to these terms or your use of our services is limited to the fees you paid us in the twelve (12) months preceding the claim.
Neither party is liable for indirect, incidental, consequential, special, or exemplary damages (including loss of profit, revenue, data, or goodwill), even if warned of the possibility.
Nothing in these terms limits liability for fraud, wilful misconduct, gross negligence, or death/personal injury caused by negligence — to the extent that limitation is not permitted by law.
10. Indemnity
You agree to indemnify and hold XServ Labs harmless from claims arising out of (a) your breach of these terms, (b) your use of our services in violation of applicable law, or (c) content you upload that infringes third-party rights. We'll notify you promptly of any such claim and let you control the defence (with our reasonable input).
11. Term and termination
- These terms apply for as long as you use our services
- You can stop using our services at any time
- We may suspend or terminate accounts that violate these terms or applicable law, with notice where practicable
- Sections that by their nature should survive termination (IP, confidentiality, liability, indemnity, governing law) survive
12. Changes
We may update these terms from time to time. Material changes will be announced at least 14 days in advance via email (to active customers) and via a notice on this page. Continued use after the effective date means you accept the new terms.
13. Governing law and jurisdiction
These terms are governed by the laws of India. Any dispute arising out of or related to these terms will be subject to the exclusive jurisdiction of the courts at Hyderabad, Telangana, India.
For commercial disputes, the parties agree to attempt resolution through good-faith discussion first; failing that, through mediation under the Indian Arbitration and Conciliation Act, 1996, before approaching courts.
14. Contact
XServ Labs
Email: hello@xservlabs.com (legal matters)
Email: hello@xservlabs.com (general)
Postal: XServ Labs, Hyderabad, Telangana, India (full address shared on request)