Terms and Conditions

    Please read these terms carefully before using XyRo.ai

    Effective Date: April 25, 2025
    XyRo AI Pvt. Ltd. | https://xyro.ai | [email protected]

    1. Introduction and Acceptance

    These Terms and Conditions ("Agreement" or "Terms") govern your access to and use of the services offered by XyRo AI Pvt. Ltd. ("XyRo", "we", "our", or "us"), a company incorporated under the laws of India, through the platform available at https://xyro.ai and related applications (collectively, the "Platform" or "Service").

    By registering for an account, creating an Organisation, or otherwise accessing or using the Service, you ("User") agree to be bound by these Terms and our Privacy Policy. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity, and "you" refers to that entity.

    If you do not agree to these Terms, you must immediately cease using the Service.

    2. Definitions

    • "Organisation" means the workspace entity created by a User upon registration, to which other Users may be invited.
    • "Organisation Admin" means a User with administrative privileges over an Organisation, including managing members, billing, and data.
    • "Member" means a User added to an Organisation by an Organisation Admin.
    • "Service" means all features, modules, APIs, integrations, and tools provided by XyRo under the Platform, including Receptor, Optic, Cortex, and Vigil.
    • "Subscription" means a recurring plan (monthly or annual) granting access to the Service.
    • "Add-on" means any additional feature, module, or usage pack purchased separately from the base Subscription.
    • "Integration" means a third-party connection enabled by the User, including but not limited to Google (Gmail), Microsoft (Outlook), and Twilio voice services.
    • "Content" means any data, text, files, messages, call recordings, or other materials submitted to or generated through the Platform.

    3. Account Registration and Organisations

    3.1 Eligibility

    You must be at least 18 years of age to register for the Service. By registering, you confirm that you meet this age requirement and that the information you provide is accurate and complete.

    3.2 Account Creation

    To access the Service, you must create a personal account and then create or join an Organisation. Each Organisation operates as an isolated workspace. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

    3.3 Organisation Administration

    Organisation Admins are solely responsible for managing Members, configuring Integrations, and ensuring that use of the Service within their Organisation complies with these Terms and applicable law. XyRo is not responsible for the actions of Members within an Organisation.

    3.4 Acceptable Use

    You agree not to use the Service to:

    • Send unsolicited communications in violation of applicable anti-spam laws, including the CAN-SPAM Act, CASL, or applicable Indian regulations.
    • Harvest, scrape, or collect contact information from third parties in a manner that violates those parties' terms of service or applicable law.
    • Upload or transmit malicious code, viruses, or harmful data.
    • Impersonate any person or entity, or misrepresent your affiliation.
    • Attempt to gain unauthorised access to any portion of the Platform or its underlying infrastructure.
    • Use the Platform in any manner that could damage, disable, or impair its proper functioning.
    • Violate any applicable local, national, or international law or regulation.

    4. Integrations

    4.1 Google (Gmail)

    The Service offers integration with Google Gmail using OAuth 2.0 authorisation. By connecting your Google account, you grant XyRo permission to access your Gmail data solely to provide the Service features you request. The specific permissions (scopes) requested are disclosed in our Privacy Policy. XyRo's use of information received from Google APIs complies with the Google API Services User Data Policy, including the Limited Use requirements.

    We do not use your Gmail data to train artificial intelligence or machine learning models. Gmail data is accessed solely for the purpose of executing your configured automations (e.g., reading replies, sending emails on your behalf).

    4.2 Microsoft (Outlook / Microsoft 365)

    The Service also offers integration with Microsoft Outlook via Microsoft OAuth. By connecting your Microsoft account, you grant XyRo the permissions necessary to read, compose, and send emails on your behalf, solely to provide the Service. Microsoft account data is used only for executing your configured automations.

    4.3 Twilio Voice Services

    The Service uses Twilio to facilitate outbound and inbound phone calls. Call recordings may be captured and stored when this feature is enabled by your Organisation Admin. Recordings are stored securely and are accessible only to Organisation Admins for the purpose of reviewing call quality and outcomes. You are responsible for complying with all applicable laws regarding call recording consent in the jurisdictions in which you operate.

    4.4 Third-Party Terms

    Your use of third-party Integrations is also subject to the respective terms of service and privacy policies of those providers. XyRo is not responsible for the data practices or service availability of third-party providers.

    5. Call Recordings

    Where call recording is enabled for your Organisation:

    • Recordings are stored on XyRo's infrastructure and are accessible to Organisation Admins.
    • You are solely responsible for obtaining all legally required consents from call participants before recording any conversation.
    • XyRo does not listen to, analyse, or share recordings except as required for technical support or as required by law.
    • Recordings are deleted in accordance with the data retention terms set out in our Privacy Policy.

    6. Subscriptions, Billing, and Payments

    6.1 Subscription Plans

    Access to the Service requires an active Subscription. Subscriptions are available on a monthly or annual basis. Pricing for each plan is published on the Platform and may be updated from time to time with prior notice.

    6.2 Add-ons

    Additional features and usage credits may be purchased as Add-ons. Add-ons are billed at the time of purchase or as otherwise described at the point of sale. Add-ons are non-transferable and expire as described in the applicable product listing.

    6.3 Automatic Renewal

    Subscriptions automatically renew at the end of each billing period (monthly or annual) unless cancelled before the renewal date. By providing payment details, you authorise XyRo to charge your payment method for each renewal period.

    6.4 Taxes

    Subscription fees are exclusive of any applicable taxes, including Goods and Services Tax (GST) or any equivalent tax in your jurisdiction. Such taxes will be added to your invoice where applicable.

    6.5 Failed Payments

    If a payment fails, XyRo may suspend access to the Service until payment is received. You will be notified of failed payments and given a reasonable opportunity to update your payment details.

    7. No Refund Policy

    All payments made to XyRo are final and non-refundable. This applies to:

    • Monthly or annual Subscription fees, regardless of whether the Subscription period has been fully used.
    • Add-on purchases.
    • Any partial billing period resulting from cancellation.

    XyRo does not offer refunds for change of mind, unused features, or dissatisfaction with the Service. By purchasing a Subscription or Add-on, you expressly acknowledge and agree to this no-refund policy.

    Exception: In jurisdictions where applicable law mandates a statutory cooling-off period or right of withdrawal (such as the EU Consumer Rights Directive for individual consumers), those statutory rights apply to the extent required by law. Please contact us at [email protected] to exercise any statutory rights.

    8. Cancellation

    You may cancel your Subscription at any time through the account settings on the Platform. Upon cancellation:

    • Your access to the Service will continue until the end of the current billing period for which payment has been made.
    • No partial refunds will be issued for the remaining portion of a prepaid billing period.
    • Your Organisation's data will be retained for 30 days following cancellation, after which it will be permanently deleted in accordance with our Privacy Policy.

    9. Data Ownership and Licence

    9.1 Your Data

    You retain ownership of all Content you submit to the Platform. By submitting Content, you grant XyRo a limited, non-exclusive, worldwide, royalty-free licence to process and store your Content solely for the purpose of providing the Service.

    9.2 XyRo's Intellectual Property

    The Platform, including its software, design, trademarks, logos, and all related materials, is the exclusive property of XyRo AI Pvt. Ltd. Nothing in these Terms grants you any right or licence to use XyRo's intellectual property except as expressly permitted to use the Service.

    9.3 Feedback

    If you provide feedback or suggestions regarding the Service, you grant XyRo a royalty-free, irrevocable, perpetual licence to use such feedback for any purpose without any obligation to you.

    10. Confidentiality

    Each party agrees to maintain the confidentiality of the other party's non-public information disclosed in connection with the Service. XyRo will not disclose your Content or Organisation data to third parties except as described in our Privacy Policy or as required by law.

    11. Disclaimer of Warranties

    THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. XYRO DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS WILL BE CORRECTED.

    12. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XYRO AI PVT. LTD., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF XYRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN ANY CASE, XYRO'S AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO XYRO IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

    13. Indemnification

    You agree to indemnify, defend, and hold harmless XyRo AI Pvt. Ltd. and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third party's rights; or (d) your Content.

    14. Modifications to the Service and Terms

    XyRo reserves the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We may also update these Terms from time to time. We will notify you of material changes via email or a prominent notice on the Platform. Continued use of the Service after such changes constitutes your acceptance of the updated Terms.

    15. Governing Law and Dispute Resolution

    These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, it shall be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Pune, India. Notwithstanding the foregoing, either party may seek injunctive relief in a court of competent jurisdiction.

    If you are an individual consumer located in the European Union or the United Kingdom, you may also have the right to seek recourse before the competent courts in your country of residence.

    16. General

    • Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and XyRo regarding the Service.
    • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force.
    • Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of our rights.
    • Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. XyRo may assign its rights freely.
    • Force Majeure: XyRo shall not be liable for any failure or delay resulting from circumstances beyond its reasonable control.

    17. Contact

    For questions about these Terms, please contact us at:

    XyRo AI Pvt. Ltd.

    Email: [email protected]

    Website: https://xyro.ai