Legal

Terms and Conditions

Effective Date: April 05, 2025

Welcome to XMobility.ai, operated by GlideMobility Private Limited ("XMobility," "we," "us," or "our"), a company registered under the Companies Act, 2013, in India. By accessing or using our website, software, applications, or services (collectively, the "Services"), you ("User" or "You") agree to be bound by these Terms and Conditions ("Agreement"). If you do not agree to these terms, please do not use our Services.

This Agreement governs your use of the Services and constitutes a legally binding contract between you and XMobility. We may update this Agreement from time to time, and your continued use of the Services constitutes acceptance of any changes. Please review this Agreement periodically.

1. Definitions

  • "Agreement" means these Terms and Conditions, together with any applicable Sales Orders or other agreements entered into between you and XMobility.
  • "Confidential Information" means any non-public information disclosed by one party to the other, including but not limited to business plans, technical data, customer information, and proprietary materials.
  • "Content" means any data, information, or materials uploaded, submitted, or otherwise provided by Users through the Services.
  • "Services" means the AI-powered software solutions, applications, and related services provided by XMobility.
  • "User" or "You" means any individual or entity using the Services.
  • "Sales Order" means any ordering document, quote, invoice, or proposal that references these Terms and is mutually executed or accepted by You and XMobility, including its attachments.

2. Description of Services

XMobility provides AI-powered software solutions designed to optimize mobility operations, enhance transportation logistics, and improve decision-making through data analytics and artificial intelligence. The specific features and functionalities of the Services are detailed in the applicable Sales Order or on our website. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without prior notice.

3. User Accounts and Responsibilities

3.1 Account Registration

To access certain features of the Services, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during the registration process.
  • Maintain the security and confidentiality of your account credentials.
  • Notify us immediately of any unauthorized use of your account.

3.2 User Obligations

You are responsible for:

  • All activities that occur under your account.
  • Ensuring that your use of the Services complies with all applicable laws and regulations, including Indian laws (e.g., Information Technology Act, 2000), GDPR (EU), CCPA/CPRA (US), and other relevant global laws.
  • Not using the Services for any illegal or unauthorized purpose.
  • Not attempting to reverse-engineer, decompile, or otherwise derive the source code of the Services.
  • You have the authority to enter into this Agreement.
  • Your use of the Services will comply with all applicable laws and does not infringe any third-party rights.

4. Payment Terms

4.1 Fees

Fees for the Services are specified in the applicable Sales Order. Payments are due monthly or annually, as agreed, and must be made in the currency specified in the Sales Order.

4.2 Late Payments

Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend your access to the Services for non-payment.

4.3 Taxes

All fees are exclusive of taxes, and you are responsible for paying any applicable taxes, duties, or levies imposed by governmental authorities, including Goods and Services Tax (GST) in India, Value Added Tax (VAT) in the EU, or other taxes under US or global laws.

5. Intellectual Property Rights

5.1 Ownership

XMobility retains all rights, title, and interest in and to the Services, including all software, algorithms, models, and other proprietary materials. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your internal business purposes, subject to this Agreement.

5.2 Restrictions

You may not:

  • Copy, modify, or create derivative works of the Services.
  • Distribute, sell, lease, or sublicense the Services to any third party.
  • Use the Services to develop competing products or services.

5.3 User Content

By submitting Content through the Services, you grant XMobility a worldwide, royalty-free, non-exclusive license to use, reproduce, and process such Content solely for the purpose of providing and improving the Services.

6. Confidentiality

Each party agrees to:

  • Maintain the confidentiality of the other party's Confidential Information.
  • Use Confidential Information only for purposes related to this Agreement.
  • Not disclose Confidential Information to third parties without prior written consent, except as required by law (e.g., under GDPR, CCPA, or Indian IT Rules).

Confidential Information does not include information that:

  • Is or becomes publicly known through no fault of the receiving party.
  • Was known to the receiving party prior to disclosure.
  • Is independently developed by the receiving party without use of the disclosing party's Confidential Information.

7. Data Privacy and Security

7.1 Privacy Policy

Our collection, use, and protection of your personal information are governed by our Privacy Policy, which is incorporated herein by reference. By using the Services, you consent to the practices described in the Privacy Policy, which complies with Indian laws, GDPR, CCPA/CPRA, and other applicable global regulations.

7.2 Data Security

We implement industry-standard security measures to protect your data, including encryption, access controls, and regular security audits, in compliance with GDPR, CCPA/CPRA, and the IT Rules. However, you acknowledge that no system is completely secure, and we cannot guarantee absolute security.

7.3 Data for AI Training

By using the Services, you grant XMobility the right to use your Content to improve and train our AI models, provided that such use complies with our Privacy Policy and applicable laws, including GDPR, CCPA/CPRA, and Indian data protection regulations. We will anonymize or aggregate data where possible to protect your privacy.

7.4 Subprocessors

You acknowledge and agree that XMobility may use third-party subprocessors to support the delivery and performance of the Services. These subprocessors are subject to data processing agreements that ensure equivalent privacy and security protections.

8. AI-Specific Provisions

8.1 AI Usage

The Services may include AI-generated outputs, which are based on probabilistic models and may not always be accurate or reliable. You are responsible for verifying any AI-generated content before relying on it for critical decisions. All AI-generated content is for informational purposes only and should not be considered legal, tax, or immigration advice. XMobility retains ownership of the underlying models and training data, and you receive a license to use AI outputs only within the scope of permitted use of the Services.

8.2 No Guarantee of Results

XMobility does not guarantee the accuracy, completeness, or usefulness of any AI-generated outputs. You acknowledge that AI technology has inherent limitations and agree to use the Services at your own risk.

8.3 Beta Features

From time to time, XMobility may make beta features available. These features are offered "as-is" without warranties and may be modified or discontinued at our discretion. You use such features at your own risk.

9. Publicity Rights

Unless otherwise agreed in writing, you grant XMobility the right to include your name and logo in its customer lists, website, and marketing materials, provided such use complies with your brand guidelines.

10. Disclaimers and Limitations of Liability

10.1 Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. XMobility does not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components.

10.2 Limitation of Liability

To the maximum extent permitted by applicable law (e.g., Indian law, GDPR, CCPA/CPRA), XMobility shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or related to your use of the Services, even if advised of the possibility of such damages. In no event shall XMobility's total liability exceed the amount paid by you for the Services in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless XMobility, its affiliates, officers, directors, employees, and agents from any claims, losses, damages, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Services.
  • Your violation of this Agreement.
  • Your infringement of any third-party rights.
  • Any Content you submit through the Services.

This indemnification obligation is subject to the provisions of applicable laws, including Indian contract law, GDPR, and US laws.

12. Termination

12.1 Termination by XMobility

We may terminate this Agreement or suspend your access to the Services at any time, with or without cause, including for breach of this Agreement, non-payment, or violation of applicable laws (e.g., GDPR, CCPA/CPRA).

12.2 Termination by User

You may terminate this Agreement by ceasing to use the Services and notifying us in writing.

12.3 Effect of Termination

Upon termination, you must immediately cease using the Services and delete any copies of our software in your possession. Provisions relating to intellectual property (Section 5), confidentiality (Section 6), data use (Section 7), disclaimers and liability (Section 10), indemnification (Section 11), and governing law and dispute resolution (Section 13) shall survive termination of this Agreement.

13. Governing Law and Dispute Resolution

13.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles, except where the laws of another jurisdiction mandatorily apply (e.g., GDPR for EU users, CCPA/CPRA for California residents).

13.2 Dispute Resolution

Any disputes arising under or in connection with this Agreement shall be resolved through binding arbitration in Bangalore, India, in accordance with the Arbitration and Conciliation Act, 1996, unless otherwise required by applicable law (e.g., for EU users under GDPR or US users under CCPA/CPRA, disputes may be subject to local jurisdiction). The arbitration shall be conducted by a single arbitrator, and the decision of the arbitrator shall be final and binding. Each party shall bear its own costs and attorneys' fees.

14. Miscellaneous

14.1 Amendments

We may update this Agreement from time to time. We will notify you of material changes via email or through the Services, as required by GDPR, CCPA/CPRA, or other laws. Your continued use of the Services after such changes constitutes acceptance of the updated Agreement.

14.2 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, or governmental actions.

14.3 Assignment

You may not assign this Agreement without our prior written consent. We may assign this Agreement to any affiliate or in connection with a merger, acquisition, or sale of assets.

14.4 Severability

If any provision of this Agreement is found to be invalid or unenforceable under applicable law (e.g., GDPR, CCPA/CPRA), the remaining provisions shall remain in full force and effect.

14.5 Entire Agreement

This Agreement, together with any applicable Sales Orders, constitutes the entire agreement between you and XMobility regarding the Services and supersedes all prior agreements or understandings, whether written or oral.

Contact Us

If you have any questions or concerns about this Agreement, please contact us at:

GlideMobility Private Limited

Address: NO.2201A, 22ND FLR, World Trade Center, Brigade Gateway, Rajajinagar EXTN, Malleswaram West, Bangalore North, Bangalore-560055, Karnataka, India

Email: legal@xmobility.ai

By using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.