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Last Updated: December 15, 2024

Effective: January 1, 2024

Terms of Service

These Terms of Service govern your access to and use of Kod XRX services, including our website, software products, and related services. By using our services, you agree to be bound by these terms.

Key Points

You must be at least 18 years old to use our services
You are responsible for maintaining the security of your account
We reserve the right to modify or discontinue services
All intellectual property rights belong to Kod XRX
Disputes will be resolved through arbitration in Pune, India

Contact Information

legal@kodxrx.com +91 7020989896

1. Agreement to Terms

By accessing or using Kod XRX services, including our website (https://kodxrx.com), software products (Kod Serve, Kod Saloon, Kod CRM Pro), mobile applications, APIs, or any other services provided by Kod XRX Private Limited ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services. These Terms constitute a legally binding agreement between you and Kod XRX.

2. Definitions

For the purposes of these Terms: • "Service" or "Services" means all products, software, websites, and services provided by Kod XRX • "User", "You", or "Your" refers to the individual or entity accessing or using our services • "Account" means the account you create to access our services • "Content" refers to all data, information, text, graphics, and other materials • "Subscription" means a paid plan providing access to our services

3. Eligibility and Account Registration

To use our services, you must: • Be at least 18 years old or have parental consent • Have the legal capacity to enter into binding agreements • Provide accurate, current, and complete information during registration • Maintain and update your account information • Maintain the security of your account credentials • Accept responsibility for all activities under your account You may not: • Create multiple accounts to circumvent restrictions • Share your account credentials with others • Use another person's account without authorization • Create accounts using automated means or false information

4. Use of Services

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

4.1 Prohibited Activities

• Violate any applicable laws, regulations, or third-party rights • Transmit harmful code, viruses, or malicious software • Attempt to gain unauthorized access to our systems • Interfere with or disrupt the services or servers • Reverse engineer, decompile, or disassemble our software • Use automated systems to access our services without permission • Collect or harvest information about other users • Impersonate any person or entity • Engage in fraudulent, abusive, or illegal activities

4.2 Acceptable Use

You are responsible for: • All content you upload, post, or transmit through our services • Ensuring your use complies with all applicable laws • Maintaining backups of your data • Obtaining necessary licenses and permissions for content you use

5. Intellectual Property Rights

All intellectual property rights in our services, including but not limited to: • Software code, designs, and user interfaces • Trademarks, logos, and brand names • Documentation, manuals, and training materials • Patents, copyrights, and trade secrets ...are owned by Kod XRX or our licensors and are protected by Indian and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use our services in accordance with these Terms. This license does not grant you ownership rights.

6. User Content and Data

You retain ownership of content and data you upload to our services. By using our services, you grant us a license to:

6.1 License Grant

• Store, process, and display your content to provide services • Create backups and ensure data availability • Analyze usage patterns to improve our services (in anonymized form) • Comply with legal obligations

6.2 Your Responsibilities

You are solely responsible for: • The accuracy, legality, and appropriateness of your content • Obtaining necessary rights and permissions • Ensuring your content does not infringe third-party rights • Backing up your data outside our services

6.3 Content Removal

We reserve the right to remove or disable access to content that violates these Terms or applicable laws, without prior notice.

7. Payment Terms and Billing

Subscription fees and payment terms:

7.1 Pricing

• All prices are displayed in Indian Rupees (INR) unless otherwise stated • Prices are subject to change with 30 days' notice to existing customers • Applicable taxes (GST) will be added to all charges • Currency conversion fees may apply for international payments

7.2 Billing Cycle

• Subscriptions are billed in advance on a monthly or annual basis • Billing occurs automatically on the renewal date • You authorize us to charge your payment method on file • Failed payments may result in service suspension

7.3 Refunds

Refund policies are detailed in our Refund Policy. Generally: • Refund requests must be made within 14 days of purchase • Custom development work is non-refundable • Refunds are processed within 5-7 business days

7.4 Price Changes

We reserve the right to modify pricing. Existing customers will be notified 30 days in advance. Continued use after price changes constitutes acceptance.

8. Service Availability and Modifications

We strive to maintain high service availability but do not guarantee: • Uninterrupted or error-free service • That defects will be corrected • That services will meet your specific requirements We reserve the right to: • Modify, suspend, or discontinue services at any time • Perform maintenance that may cause temporary service interruptions • Update features and functionality • Impose usage limits or restrictions

9. Limitation of Liability

To the maximum extent permitted by law: • Kod XRX shall not be liable for indirect, incidental, special, consequential, or punitive damages • Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim • We are not liable for loss of data, profits, or business opportunities • We are not liable for third-party services or content Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Kod XRX, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney's fees) arising from: • Your use of our services • Your violation of these Terms • Your violation of any third-party rights • Content you submit or transmit through our services

11. Termination

Either party may terminate this agreement:

11.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period.

11.2 Termination by Us

We may suspend or terminate your account immediately if: • You breach these Terms • You engage in fraudulent or illegal activities • You fail to pay fees when due • Required by law or government authority Upon termination: • Your right to use services ceases immediately • We may delete your account and data (subject to data retention policies) • Outstanding fees remain due

12. Dispute Resolution

Any disputes arising from these Terms shall be resolved through:

12.1 Negotiation

Parties agree to first attempt to resolve disputes through good faith negotiation.

12.2 Arbitration

If negotiation fails, disputes shall be resolved through binding arbitration in Pune, Maharashtra, India, in accordance with the Arbitration and Conciliation Act, 2015.

12.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Jurisdiction lies with the courts of Pune, Maharashtra.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and Kod XRX.

13.2 Modifications

We reserve the right to modify these Terms at any time. Material changes will be notified 30 days in advance. Continued use constitutes acceptance.

13.3 Severability

If any provision is found unenforceable, the remaining provisions shall remain in full effect.

13.4 Waiver

Failure to enforce any right or provision does not constitute a waiver of that right.

13.5 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger or acquisition.

14. Contact Information

For questions about these Terms, please contact us: • Email: legal@kodxrx.com • Phone: +91 7020989896 • Address: Shop 01, Dhavle Resedency, BG Shirke Rd, Ghorpadi, Pune, Maharashtra 411036, India We will respond to inquiries within 5 business days.