Terms and Conditions
1. Introduction and Acceptance
These Terms and Conditions ('Terms') constitute a legally binding agreement between you ('Client,' 'You,' or 'Your') and Xeanx Tech ('We,' 'Us,' 'Our,' or 'Company'), governing your use of our services, website, and any related digital properties. By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. Definitions
Services refer to all professional services provided by Xeanx Tech. Deliverables mean any work products created as part of the Services. Confidential Information refers to non-public information disclosed between parties. Personal Data means information relating to an identified person, as defined by GDPR.
3. Scope of Services
Xeanx Tech provides Custom Software Development, Cloud & DevOps Solutions, UI/UX Design, and AI Solutions. Services exclude professional cybersecurity, penetration testing, and threat detection. All Services are subject to a detailed Scope of Work document.
4. Engagement and Payment Terms
Engagement requires SOW execution, these Terms signing, and a discovery call. Pricing is in the SOW and valid for 30 days. Payment terms are typically NET 30. Xeanx Tech may suspend Services if payment becomes 15+ days overdue.
5. Intellectual Property Rights
Upon full payment, all Deliverables created for You become Your exclusive property with all IP rights. Xeanx Tech retains rights to pre-existing materials, tools, methodologies, frameworks, and open-source software.
6. Confidentiality
Each party agrees to protect Confidential Information using reasonable security and limiting access. Obligations survive termination for 3 years, except trade secrets remain protected indefinitely.
7. Data Protection and Privacy (GDPR Compliance)
Xeanx Tech complies with GDPR Articles 28-32. We execute Data Processing Agreements (DPA), implement appropriate safeguards for data transfers, and cooperate with data subject requests.
8. Data Security
We implement: end-to-end encryption, encryption at rest, multi-factor authentication, security audits, and ISO 27001 compliance. Breaches are notified within 72 hours with full details and remediation steps.
9. Warranties and Disclaimers
Services are performed professionally with reasonable skill. XEANX TECH PROVIDES SERVICES 'AS-IS' WITHOUT OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability
NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING LOST PROFITS OR DATA LOSS. Liability caps at fees paid in preceding 12 months or EUR 1,000. Exceptions: indemnification, confidentiality breach, and gross negligence.
11. Indemnification
Client indemnifies Xeanx Tech from claims from Client's breach, IP infringement, or violation. Xeanx Tech indemnifies Client from IP infringement claims regarding Deliverables.
12. Term and Termination
Either party may terminate with 30 days' notice. Immediate termination allowed for uncured breach, insolvency, or legal violation. Payment obligations survive; completed Deliverables are delivered.
13. Acceptable Use
No unlawful use, malware transmission, unauthorized access, harassment, bots without permission, or law violations. Content uploaded must be owned by You. We may monitor compliance and remove violating content.
14. Compliance with Laws
Both parties comply with GDPR, KVKK, export control, anti-bribery laws, and software licensing. You are not subject to sanctions and will not violate sanctions in Deliverables use.
15. Dispute Resolution
Parties attempt good-faith negotiation before formal proceedings. Disputes resolved by binding arbitration in English. IP infringement and confidentiality disputes may go to court. Prevailing party recovers attorney fees.
16. Modifications to Terms
Xeanx Tech may modify Terms anytime. Material changes require 30 days' notice. Continued use constitutes acceptance. Notification via email, website, or in-app messages.
17. General Provisions
Invalid provisions are severed; others remain valid. These Terms and SOW constitute entire agreement. No assignment without consent (except Xeanx Tech's successor assignment). Force majeure excepted from performance liability. Notices must be written. Contact: [email protected]