Terms of Service

1. Agreement to Terms

By accessing or using xTrac AI ("Service"), operated by iEllipse Technologies (a partnership firm registered in India under the Indian Partnership Act, 1932), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

xTrac AI provides an AI-powered assistant platform that enables users to:

• Connect and communicate with AI assistants via multiple channels (Instagram Business, WhatsApp Business, Telegram, Slack, email, web, mobile)
• Automate tasks and workflows, including AI agents that read incoming messages and reply on the customer's behalf
• Access AI capabilities for personal, team, or enterprise use
• Deploy a private (BYOG) gateway OR a cloud-managed (xTrac-hosted) workspace
• Integrate with third-party services (Shopify, Gmail, Google Workspace, payment providers, analytics tools)
• Publish content (Instagram posts, reels, stories) on connected accounts when authorised

3. User Accounts

3.1 Account Creation

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must be at least 13 years old to use the Service

3.2 Account Security

• Notify us immediately of any unauthorized use of your account
• We are not liable for any loss or damage arising from your failure to maintain account security

4. Acceptable Use Policy

4.1 You Agree NOT to Use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Transmit harmful, threatening, abusive, or defamatory content
• Engage in any activity that could damage, disable, or impair the Service
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems to access the Service without our permission
• Impersonate any person or entity
• Collect or harvest information about users without their consent
• Generate spam, phishing, or fraudulent content
• Create deepfakes or misleading AI-generated content intended to deceive

4.2 Content Restrictions

You may not use the Service to create, transmit, or store:

• Illegal content
• Content that promotes violence, hatred, or discrimination
• Child sexual abuse material (CSAM)
• Content that infringes on intellectual property rights
• Malware, viruses, or malicious code

4.3 Connected Platforms and Meta Compliance

When you connect Instagram Business, WhatsApp Business, Facebook, Shopify, Gmail, or any other third-party platform to xTrac, your use is also governed by that platform's terms. You agree to:

• Comply with the Meta Platform Terms and Developer Policies when connecting Instagram, WhatsApp, or Facebook accounts.
• Respect Instagram's and WhatsApp's 24-hour Customer Service Window — non-promotional replies only outside the window, and never spam, bulk unsolicited messaging, or content that violates the platform's community standards.
• Have authority to grant xTrac access to the connected accounts. You represent that the connected Business / Creator accounts belong to you or that you are authorised to manage them.
• Not use AI agents to impersonate customer-service humans without disclosure where required by applicable consumer-protection law.
• Not scrape, archive, or redistribute platform data beyond what's strictly required for the service you signed up for.
• Not circumvent platform rate limits, content moderation, or other technical controls.

Violating any third-party platform's terms may result in xTrac suspending the relevant integration or your account, and may also subject you to enforcement by that platform.

5. Subscription Plans and Payment

5.1 Billing

• Subscription fees are billed in advance on a monthly or annual basis
• Fees are charged in your local currency where supported (INR for customers in India, USD for international customers); the application displays the exact amount before charging
• You authorize us to charge your payment method for all applicable fees
• Payment information is processed securely through third-party payment processors (Stripe, Razorpay)

5.2 Free Trials

• Free trials are available for eligible users
• After the trial period, your subscription will automatically convert to a paid plan unless you cancel
• We reserve the right to modify or terminate free trial offers at any time

5.3 Refunds

• Refunds are provided on a case-by-case basis at our sole discretion
• If you believe you're entitled to a refund, contact support@xtrac.app within 7 days of billing

5.4 Plan Changes

• You can upgrade or downgrade your plan at any time
• Upgrades take effect immediately; you'll be charged the prorated difference
• Downgrades take effect at the end of your current billing cycle

5.5 Cancellation

• You can cancel your subscription at any time from your account settings
• Cancellations take effect at the end of the current billing period
• You will retain access to the Service until the end of your paid period
• No refunds are provided for partial billing periods

6. Intellectual Property Rights

6.1 xTrac AI Property

The Service, including its original content, features, and functionality, is owned by iEllipse Technologies and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Your Content

• You retain all rights to content you create using the Service
• You grant us a license to use your content solely to provide and improve the Service
• We do not claim ownership of your conversations, files, or AI-generated content
• Your data stored on your private gateway remains entirely under your control

6.3 AI-Generated Content

• You are responsible for reviewing and verifying AI-generated content
• AI-generated content may not be accurate, complete, or suitable for your purposes
• You are responsible for ensuring compliance with applicable laws when using AI-generated content

6.4 AI Agent Automation

xTrac AI agents may read incoming messages, draft replies, post content, and execute actions on your behalf based on your configured policies. You acknowledge and agree that:

• You are responsible for the policies you configure (response rules, approval thresholds, escalation triggers).
• You may set approval rules requiring a human to confirm outbound actions before they are sent. xTrac never sends external messages without either standing-rule authorisation or one-time approval from an authorised user.
• AI output may be inaccurate; you should not rely on it for legal, financial, medical, or other professional advice.
• To generate responses, we send the relevant context (customer message, your knowledge base, instructions) to AI providers (Anthropic, OpenAI, Azure OpenAI). Providers are contractually bound NOT to use this data to train their models. See our Privacy Policy for details.
• You can pause agent replies, require approval before send, or disconnect any integration at any time from the Integrations page.

7. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information.

• We collect the data needed to deliver the deployment model you signed up for (BYOG or cloud-managed) — see Privacy Policy for full disclosure.
• For self-hosted (BYOG) users, conversations stay on your gateway.
• For cloud-managed users, we process the data needed for your connected integrations (Instagram, WhatsApp, Shopify, Gmail) — and only for that purpose.
• We never sell personal data. Sharing with AI providers, infrastructure providers, and connected platforms (at your instruction) is disclosed in the Privacy Policy.
• You have full control over your data and can delete it at any time. See our Data Deletion Instructions for the step-by-step process.

8. Service Availability and Modifications

8.1 Service Availability

• We strive to provide 99.9% uptime but do not guarantee uninterrupted access
• Scheduled maintenance will be announced in advance when possible
• We are not liable for any loss or damage resulting from Service downtime

8.2 Service Modifications

• We may modify, suspend, or discontinue any part of the Service at any time
• We will provide reasonable notice of material changes when possible
• Continued use of the Service after changes constitutes acceptance of the new terms

9. Disclaimers and Limitations of Liability

9.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of AI-generated content

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, iELLIPSE TECHNOLOGIES SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to or alteration of your data
• Damages resulting from third-party conduct or content

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless iEllipse Technologies (operator of xTrac AI), its partners, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Content you create, transmit, or store using the Service

11. Termination

11.1 Termination by You

• You may terminate your account at any time from your account settings (Settings → Organisation → Delete organisation)
• Termination does not entitle you to a refund for unused subscription time

11.2 Termination by Us

• We may suspend or terminate your account immediately for violations of these Terms
• We may terminate your account with 30 days' notice for any reason
• Upon termination, your right to use the Service will immediately cease

11.3 Effect of Termination

• All provisions that should survive termination will continue (e.g., intellectual property, disclaimers, indemnification)
• You are responsible for backing up your data before termination
• We may delete your data after termination in accordance with our data retention policies

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

12.2 Dispute Resolution

• Any disputes arising from these Terms will first be attempted to be resolved through good-faith negotiation
• If negotiation fails, disputes shall be resolved through binding arbitration in Mysuru, Karnataka, India
• Each party bears its own costs in arbitration unless otherwise awarded

12.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and xTrac AI individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. General Provisions

13.1 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or in-app notification. Continued use of the Service after changes constitutes acceptance.

13.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and xTrac AI regarding the Service.

13.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.