Terms of Service

Terms of Service

These Terms and Conditions govern the use of the software product ‘Exei’ provided by Xcelore Private Limited (“Xcelore”, “Company,” “we,” “us,” or “our”) bearing COI Number U63122UP2023PTC187753 and GST Registration Number 09AAACX4618E1ZD, to business Clients (“Our Clients”) and End users (“End Users”) (collectively referred as ‘You’ ‘Users’). Exei is an AI Agent that is a tool for helping businesses to elevate their customer service and automate the redundant operational tasks, thereby reducing cost & elevating customer experience while driving growth. The AI Agent powered by Exei can integrate with many channels, such as Websites, Mobile Applications, WhatsApp, Instagram, Facebook, Slack, Toll-Free Numbers, etc., allowing End Users to communicate with businesses in these channels. This document is an electronic record in terms of the Information Technology Act, 2000, amendments thereof from time to time and the rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By accessing or using the Software or clicking the “I Agree”, you agree to be bound by these T&C. Please read the terms and conditions carefully before registering, accessing or using Xcelore’s Services. The terms and conditions are a legal contract between you and Xcelore, having its registered office at A-47, Third Floor, Sector 2, NOIDA, Gautam Buddha Nagar, Uttar Pradesh, India - 201301. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the Services, immediately terminate the Services, uninstall the mobile application, delete your account in the platform and/or request the Support Team on [email protected] to delete your account. We may update/amend the terms and conditions at any time by posting an updated version at https://exei.ai/. The updated version of the Terms & Conditions shall take effect immediately upon posting. Notwithstanding that it is your responsibility to review these Terms and Conditions periodically for updates/changes, we shall send a notice of the Changes via email or Software notification. Your continued use of Exei following the posting of changes will mean that you accept and agree to the revisions, including additional Terms or removal of portions of these Terms, modifications, etc. As long as you comply with these Terms and Conditions, we grant you a non-exclusive, non-transferable, limited privilege to enter and avail the Services. USING EXEI INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By implicitly or expressly accepting these Terms and Conditions, you also accept and agree to be bound by Exei Platform and Platform Policies (including but not limited to Privacy Policy) as amended from time to time.

1. TERMS OF SERVICE FOR OUR BUSINESS CLIENTS

1.1 Rights and Responsibilities

We grant our Business Clients a non-exclusive and non-transferable license to integrate and use Exei on their platforms, such as websites, mobile applications, messaging platforms, and toll-free numbers, as specified in their subscription plan. Our Clients are responsible for:
     a. Ensuring that they provide information to train the AI agent and keep the knowledge base of the AI Agent updated.
     b. Ensuring that they comply with all applicable laws, including data protection regulations as well as these Terms and Conditions.
     c. Maintaining the security of their account credentials and immediately notifying Xcelore in case of any security breaches.
     d. Maintaining correct billing and contact information with us.

1.2 Content Ownership

Our Business Clients retain ownership over all the content they provide/create through Exei, including data submitted by their customers / End Users. We do not claim ownership over such data but are granted a limited, non-exclusive, royalty-free license to process such content as necessary to deliver the customer services and enhance the Software, in accordance with the Data Privacy Policy and Data Processing Agreements. Our Business Clients are responsible for ensuring that their content complies with all applicable laws and does not infringe third-party rights.

1.3 Liability Disclaimer

We are not liable for losses, damages, or claims arising from the usage of Exei by our Business Clients or their customers / End Users, such as downtime, data loss or third party actions, except where such limitation is prohibited by applicable law. We provide our software ‘Exei’ “as-is” and in case our liability arises under the applicable law, the same shall be limited to the subscription fees paid by the Business Client in the preceding 12 months.

1.4 Audit Rights

We may audit our Business Clients’ use of the Software to ensure that they comply with these Terms and Conditions, the Data Processing Agreements and applicable data protection laws, with prior written notice of 30 days. Our Clients must cooperate fully during such audits conducted by us. We bear audit costs unless there is non-compliance by our Clients, and in such a case, the Client shall reimburse reasonable audit expenses.

1.5 Tax Responsibilities

Our Business Clients are responsible for the applicable taxes on subscription fees, including Goods and Services Tax (GST) or Value Added Tax (VAT). The Clients must provide necessary tax documentation upon our request in order to ensure compliance with tax regulations.

1.6 Data Processing Obligations

The role of our Business Clients as Data Controller is to ensure that the Personal Data provided to us or collected through the AI agent from End Users is obtained lawfully with appropriate consent, as required under applicable laws. Our Business Clients are responsible for:
     a. Formalising their obligations for processing of the Personal Data by consenting to the Data Processing Agreement upon subscribing to our services.
     b. Ensure their privacy policies disclose that Xcelore’s role is that of a data processor and also inform End Users of their data rights as mentioned in our Data Privacy Policy.
     c. Immediately notify Xcelore in case any End User requests to exercise data rights and about the incidents involving unauthorised data collection.
     d. Indemnify Xcelore against claims, losses or liabilities arising from the Client’s failure to comply with data protection laws or provide lawful Personal Data.
As a Data Processor, we will process Personal Data in accordance with Client requirements and in response to queries submitted by the End Users, implementing appropriate measures to ensure security and compliance, as mentioned in our Data Privacy Policy.

2. TERMS OF USE FOR END USERS (AI AGENT INTERACTIONS)

2.1 Interaction Guidelines

End Users interacting with our AI Agents powered by Exei shall use them solely for lawful purposes. Some of the prohibited uses include engaging in illegal, abusive, or harmful activities, attempting to hack, overload, or disrupt the Software.

2.2 Eligibility and Children’s Privacy

✓ Are 18 years of age or older, or have parental consent if under 18.
✓ Are capable of entering into a legally binding agreement.
✓ Have the authority to agree to these T&C.
✓ Are not legally prohibited from using Xcelore’s Services.
✓ Are not impersonating any person or misrepresenting their age or affiliation.
✓ Provide accurate and true mandatory information.

Xcelore reserves the right to terminate access if these representations are false.

Xcelore does not intentionally request or collect Personal Data from children under 18 through the AI Agent. Our Services are provided to business Clients, who act as data controllers and are responsible for ensuring that any Personal Data from End Users under 18 is obtained with verifiable parental consent, as required by applicable laws. If Xcelore becomes aware that Personal Data from a child under 18 has been collected without such consent, we will promptly take reasonable steps to delete that data and refrain from using it, except as necessary to ensure the child’s safety or comply with legal obligations. End Users under 18, or their parents/guardians, may request deletion of their Personal Data by contacting the relevant Client, who acts as the data controller. Xcelore will assist Clients in processing such requests per our Data Processing Agreements. While we strive to fulfil these requests diligently, complete removal from all systems is not guaranteed due to technical limitations. For inquiries about children’s data, contact us at [email protected].

2.3 Data Handling

End Users’ Personal Data is processed in accordance with Xcelore’s Data Privacy Policy, available on our website. By interacting with the Software or selecting “I Agree,” End Users consent to such data processing, subject to applicable laws.

2.4 Liability Disclaimer

Xcelore is not liable for errors, omissions, or consequences arising from End Users’ interactions with the Software, including reliance on AI Agent responses, except where such limitation is prohibited by law.

3. AI ETHICS AND TRANSPARENCY POLICY

3.1 Use of AI

Exei uses artificial intelligence (AI) to enable features like AI agent interactions, automated responses, and natural language processing. This includes the ability to comprehend user inquiries, produce responses, and adjust to usage trends in order to improve functionality.

3.2 Potential Biases

Xcelore makes a concerted effort to minimise biases in AI outputs, which can result from algorithmic design flaws, training data limitations, or outside influences. Unintended biases may arise despite these efforts, and Xcelore is not responsible for them unless they are the result of willful negligence. To increase accuracy and fairness, we are dedicated to continuously observing and improving AI systems.

3.3 Measures of Transparency

Xcelore ensures transparency with its Users by clearly indicating that AI Agent responses are produced by AI and may not always be correct, precise or complete. We advise our Users to independently verify critical information obtained through Exei to avoid reliance on potentially inaccurate outputs.

3.4 Responsible AI Guidelines

Xcelore adheres to ethical AI principles and aims to deliver non-discriminatory, fair, and accountable outputs. Xcelore conducts periodic audits of AI Platform to assess and mitigate bias, ensuring compliance with industry best practices, and maintaining documentation of AI development processes for accountability.

4. INTELLECTUAL PROPERTY (IP) & COPYRIGHT

4.1 Xcelore’s IP

Xcelore and its source code, user interface, design elements, AI Platform and associated documentation are the exclusive intellectual property of Xcelore, protected under the applicable copyright, trademark, and patent laws. Users are prohibited from copying, modifying, distributing, reverse engineering or attempting to extract Exei’s underlying components, except where explicitly permitted by law.

4.2 Data Usage for AI Training

Xcelore may use anonymised and aggregated data collected through Exei to train and enhance its AI Agent. This will ensure that no identifiable Personal Data is used without the explicit consent of the User in line with the Data Privacy Policy. Xcelore retains the right to use such anonymised data indefinitely for the improvement of its services.

4.3 Protection Against Infringement

Users must not employ Exei to violate third-party copyrights, trademarks, patents or other intellectual property rights. Xcelore reserves the right to investigate any suspected violations by the Users and may suspend or terminate accounts involved in such activities with notice only where feasible.

4.4 User Feedback Ownership

The feedback, suggestions and recommendations provided by Users about Exei shall be freely used by Xcelore to improve its services. Users grant Xcelore a perpetual, irrevocable, worldwide, royalty-free license to incorporate such feedback without compensation or attribution, though Xcelore is not obligated to act on it.

5. CONSUMER PROTECTION LAWS

5.1 AI Agent Reliability

We provide our Software ‘Exei’ on an “as-is” and “as-available” basis. We endeavour to maintain consistent and reliable service, but we do not guarantee that the Software, including our AI Agent functionalities, will be uninterrupted, error-free, or available at all times. The factors such as maintenance, technical issues and external disruptions may affect the performance of Exei.

5.2 Warranty Disclaimer

Xcelore disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, or non-infringement, except where such disclaimers are prohibited by applicable law. Users shall assume the risk of relying on Exei’s outputs or availability.

5.3 Consumer Rights

Nothing in these T&C limits or excludes consumer rights guaranteed under applicable Indian laws, such as the right to seek remedies for deficient services and unfair trade practices under the Consumer Protection Act, 2019. Users may exercise their rights provided under applicable law, independent of these terms.

6. ACCESSIBILITY & ANTI-DISCRIMINATION COMPLIANCE

6.1 Accessibility

We are committed to making our Software ‘Exei’ accessible to all Users. This includes features like screen reader compatibility and adjustable interfaces. Users facing accessibility barriers can report issues to us, and we will address them within a reasonable timeframe.

6.2 Anti-Discrimination

Exie is designed to comply with anti-discrimination laws, ensuring AI Agent interactions and AI outputs do not unlawfully discriminate based on protected characteristics such as race, gender, religion, disability, or ethnicity. We monitor the behaviour of our AI Agent to prevent bias and take corrective action if violations occur, as per applicable legal standards.

7. SERVICE LEVEL AGREEMENTS (SLAs)

7.1 Uptime

We target to achieve a minimum uptime of 99.5% for the Software, measured monthly, excluding periods of scheduled maintenance, emergency updates or downtime due to force majeure events such as natural disasters, pandemic, epidemic, internet outages beyond our control. Scheduled maintenance is usually announced at least 48 hours in advance via email or notifications and it typically occurs outside peak usage hours. If uptime falls below 99.5% in a month, we will address the issue per our support terms.

7.2 Support Terms

Our Support is available to Users via email at [email protected] or phone at +91 8178497981 during 9:00 a.m. to 6:00 p.m. IST, Monday to Friday, excluding public holidays. Our response times depend on the subscription plan:

  • Starter Plan: Initial response within 1 business day.
  • Standard Plan: Initial response within 1 business day.
  • Professional Plan: Initial response within 4 business hours.
  • Enterprise Plan: Initial response within 2 business hours.

Support requests must have sufficient details to enable resolution. We will prioritise critical issues, such as complete service outages, over non-urgent inquiries with resolution times varying based on complexity.

7.3 Liability Limitations

Our liability in case of service disruptions, such as failure to meet uptime commitments or delays in support, is limited to the subscription fees paid by the Business Clients for the affected billing period, unless such limitation is prohibited by applicable law. In no event shall our total aggregate liability under these T&C exceed the total fees paid by the Business Client in the 12 months immediately preceding the claim, regardless of the cause or form of action.

8. SERVICE LEVEL AGREEMENTS (SLAs)

8.1 Roles and Compliance

We act as a Data Processor when we process Personal Data on behalf of our Business Clients, who act as Data Controllers while determining the purposes and means of processing the personal data of their customers / End Users, as mentioned in our Data Privacy Policy. We enter into a Data Processing Agreement with our Business Clients to formalise our obligations.

8.2 Obligations as Data Processor

Xcelore shall:
a. Process Personal Data only as per the requirements of Business Clients, ensuring security, confidentiality and compliance with applicable laws, unless required otherwise by law.
b. Ensure personnel handling Personal Data are bound by confidentiality obligations.
c. Assist Business Clients in fulfilling data protection obligations.

8.3 End User Rights

End Users have the right to access, rectify, erase, restrict, object to or port their Personal Data under the applicable law. As a data processor, we do not handle these requests directly. End Users must contact the relevant Client, who acts as the data controller. We assist Clients in fulfilling these requests as per our DPAs.

8.4 Data Breach Notification

In case of a Personal Data breach, we will:
a. Notify affected Clients as soon as reasonably practicable to enable them to inform End Users or authorities.
b. Provide details of the breach and mitigation measures.
c. Cooperate with our Clients to comply with breach notification laws.

8.5 Cross-Border Data Transfers

We ensure compliance with data protection laws for cross-border transfers. Our respective Business Clients are responsible for ensuring compliance with their obligations as data controllers.

8.6 Data Collection Practices

We collect and process Personal Data to provide our customer services, as detailed in the Data Privacy Policy. Data is also processed to manage subscriptions, ensure security, and comply with legal obligations, per Client requirements.

8.7 Use of Sub-processors

We may engage trusted service providers as sub-processors to support our services. The list of Xcelore’s sub-processors can be found here: Sub-processors.
For further details, please refer to our Data Privacy Policy.

9. INDEMNIFICATION CLAUSES

9.1 User Indemnity

Users agree to indemnify, defend and hold Xcelore, its affiliates, officers and employees harmless from any claim, loss, damage, liability, or demand, including reasonable legal fees, made by any third party due to or arising out of:
a. Misuse of the Software
b. Any violation of these T&C, Data Privacy Policy, Data Processing Agreement, or of any applicable law
c. Violation of the rights of any third party because of the User’s actions or Content

9.2 Xcelore’s Limitation

Without limiting the foregoing, Xcelore is not responsible for any errors in the output of our AI Agent, any misuse of Exei by any User, or any third-party claims, except where this exclusion is invalid under the applicable law. Liability, if any, shall be limited to subscription fees paid by the User in the 12 months, unless otherwise required by law.

10. WEB CRAWLING LEGAL SAFEGUARDS

We ensure that we comply with the applicable laws for web crawling. We respect robots.txt protocols, avoid excessive server load and refrain from unfair or unauthorised data usage. We limit crawling to the purposes outlined in the subscription plan of our Business Clients.

11. ACCESSIBILITY & ANTI-DISCRIMINATION COMPLIANCE

11.1 Governing Law

These T&C are governed by the laws of India, without regard to conflict of law principles. In case of any dispute arising between the User and Xcelore, they will be subject to the exclusive jurisdiction of the courts in Noida, India, unless otherwise required by law.

11.2 Arbitration

In case of any dispute arising between the User and Xcelore from these T&C, it shall be resolved through binding arbitration under the Arbitration and Conciliation Act, 1996, conducted in Noida, India at our discretion. The User and Xcelore shall mutually appoint a single arbitrator, and the arbitration proceedings shall be conducted in English. The User and Xcelore shall share the costs equally unless otherwise ordered by the Court or required under the applicable law.

11.3 Class Action Waiver

By agreeing to these T&C or by using Exei, Users waive their right to participate in class action lawsuits or collective proceedings against Xcelore, to the extent permitted by law. The disputes must be resolved on an individual basis.

11.4 Language of Agreement

The official language of these T&C is English. Any translations provided are for convenience only and do not alter the English version’s legal effect. In case of discrepancies, the English version prevails.

12. ACCEPTABLE USE POLICY

12.1 Permitted Use

Users must use the Exei solely for lawful purposes in line with these T&C and their subscription plan.

12.2 Prohibited Activities

Users are prohibited from:

  • Engaging in illegal activities, fraud, defamation, or harassment through the Software.
  • Attempting to overload, hack, disrupt, or bypass the Software’s security or operational limits.
  • Distributing malware, spam, or harmful content via the Software.
  • Using the Software to process or store content that violates applicable laws or third-party rights.
  • 12.3 Consequences

    If a User violates any term or condition contained herein, Data Privacy Policy, Data Processing Agreement or violates the applicable law, it may result in immediate account suspension or termination at our discretion, with notice only where feasible. We reserve the right to pursue legal action, including seeking damages or an injunction for significant breaches.

    13. PAYMENT TERMS

    13.1 Billing Cycles

    We bill our Business Clients as per their monthly or annual subscription plan. The Invoices are issued on the renewal date based on the start date of their initial subscription. We adjust the bill in case of plan upgrades or downgrades.

    13.2 Payment Methods

    We accept payment via credit/debit cards, bank transfers, or UPI, processed through secure third-party gateways. Business Clients must provide valid payment details and authorise recurring charges as per their plan.

    13.3 No Refund Policy

    We do not provide refunds unless explicitly stated in our subscription plan or required by applicable law.

    14. ACCOUNT TERMINATION

    14.1 By User

    Users may terminate their account by providing written notice via email at [email protected]. Outstanding fees remain due, and access will cease at the end of the billing cycle.

    14.2 By Xcelore

    Xcelore may suspend or terminate accounts in case of:

  • Violations of these T&C.
  • At Xcelore’s sole discretion, with 7 days’ notice unless immediate action is required for legal or security reasons.
  • 14.3 Data Retention/Deletion

    Xcelore retain Personal Data only as long as necessary to provide the Services to the Users, and to meet legal obligations. When Personal Data is no longer needed, we securely delete or anonymize it using industry-standard methods. Users may request deletion of the Personal Data by submitting a formal request via email to [email protected].
    For further details, please refer to our Data Privacy Policy.

    15. OWNERSHIP OF USER-GENERATED CONTENT

    15.1 Ownership

    Users retain full ownership of content they upload, input, or generate through the AI Agent, user interactions, subject to applicable laws.

    15.2 License to Xcelore

    Users grant Xcelore a worldwide, non-exclusive, royalty-free, revocable license to use, store, process and reproduce such content to provide and enhance its services in line with these Terms and Conditions, Data Privacy Policy and Data Processing Agreement.

    15.3 Anonymised Data

    Xcelore may retain and use anonymised, aggregated User-generated content for analytics, AI training, or product development without attribution or compensation, ensuring no identifiable data is used without consent.

    16. API ACCESS RESTRICTIONS

    In order to improve the functionality of its Exei AI Agent, Xcelore might grant access to APIs. To guarantee service performance, Xcelore retains the right to establish and enforce usage limits or other restrictions on API access. Business clients consent to abide by these restrictions. For non-compliance, misuse, or to safeguard the integrity of its services, Xcelore may, at its sole discretion, suspend or terminate API access.

    17. THIRD-PARTY INTEGRATIONS

    If we integrate with third-party tools, also referred to as Sub-processors, Users must comply with those providers’ terms of service. We are not liable for the performance, availability, or data practices of the third parties, including service failures or interruptions caused by them. Clients integrating their own third-party tools are responsible for their compliance and indemnify us against related claims.

    18. API ACCESS RESTRICTIONS

    18.1 Entire Agreement

    These T&C, together with the Data Privacy Policy and Data Processing Agreement, constitute the complete agreement between Business Clients and Xcelore, superseding all prior agreements or understandings, written or oral, regarding the Software. These T&C, together with the Data Privacy Policy, constitute the complete agreement between End Users and Xcelore.

    18.2 Amendments

    We may revise these T&C at our discretion. We will update the Users about the revised T&C by posting on https://exei.ai/ or communicating via Software notifications at least 7 days before taking effect. If the User continues to use Exei after the effective date, it shall signify the acceptance of the amended T&C.

    18.3 Severability

    If any provision of these T&C is found unenforceable by a court or authority, the remaining provisions will remain effective in full force. We may replace the invalid provision with a legally compliant alternative.

    18.4 Contact

    For questions about these Terms and Conditions, please contact:

  • Email: [email protected]
  • Address: A-47, Third Floor, Sector 2, NOIDA, Gautam Buddha Nagar, Uttar Pradesh, India - 201301.
  • Phone Number: +91 8178497981
  • We will respond to grievances within a reasonable timeframe.

    Last updated: November 2025