TERMS OF SERVICE

1. Acceptance of Terms

By creating an account or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Data Protection Policy. If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you (the "Tenant" or "User") and ByteFalcon Technologies Private Limited, a company incorporated under the Companies Act, 2013, with its registered office in Tamil Nadu, India.

Material Changes — 14 Days Notice: We reserve the right to modify these Terms at any time. Material changes will be communicated with at least 14 days' prior written notice via email to the registered Tenant administrator and by posting the updated Terms on our website. Your continued use of the Service after the notice period constitutes acceptance of the modified Terms. If you do not accept the changes, you may terminate your subscription before the effective date of the amendment.

2. Account Registration

To use the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Maintain the security of your account — you are responsible for all activity under your account
• Accept responsibility for all activities that occur under your account or organisation
• Notify us immediately of any unauthorised access or suspected breach at [email protected]

ByteFalcon Technologies reserves the right to refuse registration or cancel accounts at its reasonable discretion, including where registration information is found to be inaccurate, misleading, or in violation of these Terms.

3. Acceptable Use

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

• Use the Service in any way that violates applicable laws or regulations, including the IT Act 2000, DPDPA 2023, or any applicable Gulf or EU regulation
• Attempt to gain unauthorised access to any part of the Service or to another Tenant's data or organisational environment
• Interfere with, disrupt, or degrade the performance of the Service or its underlying infrastructure
• Upload or transmit viruses, malware, ransomware, or any malicious code
• Collect, harvest, or scrape any information from other users without their explicit consent
• Use the Service to harass, abuse, threaten, or harm any person or entity
• Impersonate any person, entity, or organisation
• Use automated systems, bots, or scrapers to access the Service without prior written authorisation from ByteFalcon Technologies
• Use the Platform's AI features for purposes that violate applicable law, including generation of harmful, abusive, deceptive, or illegal content
• Circumvent, disable, or interfere with any security control, access control mechanism, or encryption implemented on the Platform
• Reverse engineer, decompile, or disassemble any part of the Service

Violation of this section may result in immediate account suspension and reporting to relevant authorities under Section 43 and Section 66 of the Information Technology Act, 2000.

4. Intellectual Property Rights

The Service and its original content, features, functionality, codebase, design, and branding are owned by ByteFalcon Technologies Private Limited and are protected under applicable intellectual property laws, including the Copyright Act, 1957 (India) and international IP conventions.

Your Content

You retain full ownership of any content, documents, data, and files you upload to the Service ("Tenant Content"). By uploading Tenant Content, you grant ByteFalcon Technologies a limited, worldwide, non-exclusive, royalty-free licence to use, store, process, and transmit your Tenant Content solely for the purpose of providing the Service to you.

Explicit Restriction on AI Training Use: This licence does not permit ByteFalcon Technologies to use your Tenant Content to train, fine-tune, evaluate, or otherwise improve any artificial intelligence or machine learning model, whether internal or operated by a third party. Your data is exclusively yours.

ByteFalcon's IP

Nothing in these Terms transfers ownership of ByteFalcon's intellectual property to you. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during your active subscription, solely for your internal business purposes.

5. Subscription and Payment

Access to certain features of the Service requires a paid subscription. All subscription plans, pricing, billing cycles, applicable currencies, and payment methods are as described on our Pricing page, which forms part of and is incorporated into these Terms by reference. In the event of any conflict between the Pricing page and these Terms, the Pricing page shall prevail with respect to fees and billing terms.

By purchasing a subscription, you agree to:

• Pay all applicable fees in accordance with the plan selected on the Pricing page
• Provide accurate and complete billing information, including valid tax registration details where required by your jurisdiction
• Authorise us to charge your selected payment method on a recurring basis for the chosen billing cycle
• Accept that subscriptions automatically renew unless cancelled before the renewal date

Applicable taxes (including GST for Indian Tenants and any regional taxes for international Tenants) will be calculated and applied at checkout based on your billing address. A valid tax invoice will be issued for each transaction.

We reserve the right to update our pricing with 30 days' written notice to active subscribers. Price changes take effect at the start of your next billing period following the notice period. If you do not accept the revised pricing, you may cancel your subscription before the change takes effect.

6. Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting [email protected]. Cancellations will take effect at the end of the current billing period — you will retain access to the Service until that date.

Please refer to our Refund Policy for full details on our refund process, eligibility criteria, and timelines.

7. Data and Privacy

Your privacy is important to us. Our Privacy Policy and Data Protection Policy explain in full how we collect, use, protect, and retain your personal information. By using the Service, you acknowledge and consent to our collection and use of information as described in those documents.

• We implement enterprise-grade security including AES-256 encryption at rest, TLS 1.3 in transit, and per-Tenant encryption key isolation
• Tenants retain full control over their data and may initiate permanent deletion at the organisation level or on a per-case basis at any time
• All deletions are irreversible — ByteFalcon Technologies cannot restore deleted data under any circumstances
• Your data is NEVER used to train any AI model, internal or external

No method of transmission over the Internet is 100% secure. While we implement industry-leading measures, we cannot guarantee absolute security and are not liable for breaches caused by events outside our reasonable control.

8. Third-Party Services

The Service integrates with third-party providers including AI model APIs (Anthropic, and others), cloud infrastructure (Google Cloud Platform), identity providers (Google, Microsoft via OIDC), payment processors (Razorpay, Stripe), and communication services (WhatsApp Business API).

Your use of these third-party services is subject to their respective terms and conditions. ByteFalcon Technologies is not responsible for the independent practices, content, availability, or security posture of third-party services. A full list of sub-processors is available in our Privacy Policy — Section 11.

ByteFalcon Technologies will provide at least 14 days' notice before adding any new sub-processor that materially affects the processing of Tenant personal data.

9. AI Usage Policy

Xenora uses AI capabilities strictly for lawful, ethical, and purpose-limited applications. We are committed to responsible AI usage and transparent data handling.

• User and Tenant data is never used to train any AI model, whether internal or external
• Third-party AI providers (including Anthropic) process API data under their published commercial API terms, which prohibit use of API inputs for model training and provide for deletion of API logs within 7 days
• ByteFalcon Technologies does not opt in to any model training or data contribution programmes offered by third-party AI providers on behalf of Tenants
• In the event ByteFalcon Technologies enters into a formal Zero Data Retention (ZDR) or equivalent agreement with any AI provider, this Policy and our Privacy Policy will be updated accordingly

AI Commitment: All AI processing is performed solely to respond to your queries within your active session context. ByteFalcon Technologies maintains strict data boundaries between Tenants and ensures your proprietary information remains exclusively yours.

10. Disclaimers

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, AND NON-INFRINGEMENT. BYTEFALCON TECHNOLOGIES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

ByteFalcon Technologies will use commercially reasonable efforts to maintain platform availability. Planned maintenance will be communicated in advance where practicable. We reserve the right to modify or temporarily suspend the Service for maintenance, security, or operational reasons.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BYTEFALCON TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, EVEN IF BYTEFALCON TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Aggregate Liability Cap: ByteFalcon Technologies' total cumulative liability to you for any and all claims arising under or in connection with these Terms or the Service — whether in contract, tort, statute, or otherwise — shall not exceed the total fees paid by you to ByteFalcon Technologies in the twelve (12) calendar months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable Indian law.

12. Indemnification

You agree to indemnify, defend, and hold harmless ByteFalcon Technologies Private Limited and its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of or access to the Service in violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Any content, data, or materials you upload, submit, or transmit through the Service
• Any unauthorised access to the Service attributable to your account credentials

ByteFalcon Technologies reserves the right to assume exclusive control of the defence of any matter subject to indemnification by you, at your expense.

13. Termination

Termination for Cause

ByteFalcon Technologies reserves the right to suspend or terminate your account and access to the Service immediately and without prior notice where:

• You have materially breached these Terms and failed to remedy the breach within 7 days of written notice (where the breach is capable of remedy)
• Your conduct poses a security risk to the Service or other Tenants
• You have violated applicable law, including the IT Act 2000 or DPDPA 2023
• Continued provision of the Service would expose ByteFalcon Technologies to legal liability

Termination Without Cause

ByteFalcon Technologies may terminate these Terms for any reason other than cause by providing 30 days' written notice to your registered email address. In such cases, you will receive a pro-rata refund of any prepaid subscription fees for the unused portion of your billing period.

Effect of Termination

Upon termination for any reason:

• Your access to the Service will be suspended or terminated as applicable
• Your data will enter a 6-month read-only retention period, during which you may request an export of your data
• At the end of the 6-month period, all Tenant data will be permanently and irreversibly deleted — no restoration is possible after this point
• ByteFalcon Technologies (Xenora Platform) will notify the users before deletion

14. Force Majeure

ByteFalcon Technologies shall not be liable for any delay or failure in the performance of its obligations under these Terms to the extent that such delay or failure is caused by events beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, floods, earthquakes, or epidemics
• Government actions, regulatory orders, or directions issued by CERT-In or equivalent authorities
• Failures or outages of third-party infrastructure providers (cloud hosting, internet backbone, payment processors)
• Cyberattacks, denial-of-service attacks, or security incidents originating from external actors
• Power failures, telecommunications outages, or internet disruptions beyond ByteFalcon's infrastructure
• Acts of war, terrorism, civil unrest, or sanctions

ByteFalcon Technologies will notify affected Tenants promptly upon becoming aware of a force majeure event, provide regular updates, and use commercially reasonable efforts to restore service as quickly as practicable. This clause does not excuse payment obligations already incurred prior to the force majeure event.

15. Dispute Resolution

Step 1 — Good Faith Negotiation (30 Days)

Before initiating any formal proceedings, the parties agree to first attempt to resolve any dispute, controversy, or claim arising out of or in connection with these Terms through good faith negotiation. Either party may initiate this process by providing written notice to the other party describing the nature of the dispute. The parties shall have 30 calendar days from the date of such notice to attempt resolution.

Step 2 — Arbitration

If a dispute is not resolved through negotiation within 30 days, either party may refer the matter to binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties, or failing agreement, appointed in accordance with the Act. The seat and venue of arbitration shall be Chennai, Tamil Nadu, India. Proceedings shall be conducted in English.

Step 3 — Courts

Where arbitration is not applicable or a party seeks urgent interim relief, the parties submit to the exclusive jurisdiction of the courts of Chennai, Tamil Nadu, India, as set out in Section 16.

IP and Emergency Relief: Notwithstanding the above, ByteFalcon Technologies reserves the right to seek immediate injunctive or other equitable relief in any competent court in any jurisdiction, without prior notice or the exhaustion of negotiation or arbitration steps, where necessary to protect its intellectual property, confidential information, or to prevent irreparable harm.

16. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India, including the:

• Indian Contract Act, 1872
• Information Technology Act, 2000 (and rules thereunder)
• Digital Personal Data Protection Act, 2023
• Arbitration and Conciliation Act, 1996

Subject to the dispute resolution mechanism in Section 15, any legal proceedings shall be subject to the exclusive jurisdiction of the courts of Chennai, Tamil Nadu, India, without regard to conflict of law provisions.

Notice for International Tenants: By using the Service, Tenants based in the UAE, KSA, the EU, or other jurisdictions expressly agree to the exclusive jurisdiction of the courts of Chennai, Tamil Nadu, India for civil disputes. This does not limit the ability of regulatory authorities in your jurisdiction to exercise their statutory powers independently. For enterprise Tenants requiring alternative dispute resolution arrangements, please contact us at [email protected].

17. General Provisions

Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, unlawful, void, or unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

Entire Agreement

These Terms, together with the Privacy Policy and Data Protection Policy, constitute the entire agreement between you and ByteFalcon Technologies with respect to the Service and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral.

Waiver

No failure or delay by ByteFalcon Technologies in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. A waiver of any breach shall not constitute a waiver of any subsequent breach.

Assignment

You may not assign or transfer these Terms or any rights hereunder without the prior written consent of ByteFalcon Technologies. ByteFalcon Technologies may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, with notice to affected Tenants.

Notices

All formal notices under these Terms must be in writing and delivered to ByteFalcon Technologies at [email protected] or to your registered Tenant email address. Notices are deemed received on the next business day after sending by email.

18. Contact Us

For any questions regarding these Terms, billing enquiries, or legal notices, please contact us through the appropriate channel below: