Terms of Service

1. Agreement and acceptance

These Terms of Service (“Terms”) are a binding agreement between you and Xephix Technologies Private Limited (“Xephix,” “we,” “us,” or “our”) governing your access to and use of Xephix Boards, including our website, applications and related services (collectively, the “Service”). By creating an account, signing in, or otherwise accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms and “you” will include the organization.

If you do not agree to these Terms, you must not access or use the Service.

2. Description of the service

Xephix Boards is a project management and collaboration platform that enables teams to organize work using boards, work items (such as tasks, bugs and stories), projects, backlogs and related features. Boards may support continuous-flow work and/or time-boxed iterations (including backlogs and planning views), depending on how each board is configured. The Service includes:

• Creating and managing organizations and workspaces
• Boards, projects and workstreams for organizing work, including backlog and iteration views where enabled
• Work items with types, priorities, labels, assignees and custom fields
• Comments, activity feeds and time logging
• File attachments and integrations within the platform
• Board-level automations (for example scheduled rules that create or update work), where enabled for your organization and role
• In-product analytics and reporting for users your organization allows to access those areas
• Invitations, roles and permissions for team members
• Trial and paid subscription plans, billing and usage limits as described in the Service or in separate order forms

We may add, change, or discontinue features or plans from time to time. We will use reasonable efforts to notify you of material changes that adversely affect your use of the Service.

Scheduled infrastructure maintenance

The Service runs on infrastructure that may require scheduled maintenance (including for the systems that store and serve your data). Unless we notify you otherwise, we target a weekly database maintenance window beginning on Sunday at 07:00 UTC (Sunday 12:30 IST, India; Sunday 02:00 US Eastern standard time (EST); Saturday 23:00 US Pacific standard time (PST)). That window is scheduled for up to one hour from that start time. Whether a given week includes work that affects availability can vary; impact is often brief or none. US local times use standard-time offsets; if you observe daylight saving in your region, adjust accordingly.

3. Account registration and eligibility

You must provide accurate, current and complete information when registering and keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorized use.

You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Service. By using the Service, you represent that you meet these requirements.

4. Organizations, membership and invitations

The Service is organized around organizations (“Organizations”). Users who create or administer an Organization are responsible for managing members, membership roles and permissions (such as the role types the Service displays in the product, which may change from time to time). When you invite others (e.g., by email), you represent that you have the right to do so and that you will use invitation features in compliance with applicable law (including anti-spam and consent requirements).

Organization admins may configure settings that affect what members can do (e.g., edit work items, manage boards, invite users). You agree to comply with the roles and permissions applied to your account within each Organization. Disputes about roles or access within an Organization are between the Organization and its members; we are not responsible for resolving them.

5. Acceptable use

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

• Use the Service in any way that violates applicable laws, regulations, or third-party rights
• Upload, post, or transmit content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation
• Attempt to gain unauthorized access to the Service, other accounts, or our systems or networks
• Use the Service to distribute malware, spam, or to run automated scraping or abuse that degrades the Service
• Circumvent or exceed usage limits, access controls, or security measures
• Resell or sublicense the Service except as expressly permitted by us

We may suspend or terminate your access if we reasonably believe you have violated these Terms or acceptable use, or if required by law.

6. Your content and data

Ownership. You retain ownership of the content and data you upload or create in the Service (“Your Content”), including work items, comments, attachments, custom field values and iteration- or sprint-related data where your organization uses boards with time-boxed work. We do not claim ownership of Your Content.

License to us. To operate and provide the Service (including hosting, backup, display and sharing within your Organization), you grant us a worldwide, non-exclusive, royalty-free license to use, store, process and display Your Content as necessary to provide the Service and as described in our Privacy Policy. This license includes the right to use Your Content to improve our services (e.g., reliability, performance) in accordance with our Privacy Policy and applicable law.

Responsibility. You are solely responsible for Your Content and for ensuring that you have all rights and consents needed to provide it to us and to allow us to use it as set out in these Terms. We may remove content that we reasonably believe violates these Terms or the law, or that poses a risk to the Service or others, but we have no obligation to monitor or screen Your Content.

7. Our intellectual property

The Service (including its design, features, software and documentation) and our trademarks, logos and brand are owned by Xephix or our licensors. These Terms do not grant you any right to our intellectual property except the limited right to use the Service in accordance with these Terms. You must not copy, modify, reverse-engineer, or create derivative works from the Service except as expressly permitted by us.

8. Trial and paid plans; billing

We may offer a free trial for new Organizations or users. Trial terms (e.g., duration, feature limits) are as stated in the Service or in communications we send you. When a trial ends, your Organization may be subject to plan limits or required to subscribe to a paid plan to continue using certain features.

Paid plans are subject to the pricing and payment terms presented at signup or in your order. You agree to provide accurate billing information and to pay all fees when due. Fees are generally non-refundable unless otherwise stated or required by law. We may change pricing on reasonable notice; continued use after a price change constitutes acceptance. We may suspend or terminate access for non-payment.

Where billing calculations require currency conversion (for example in certain proration or quote flows), Xephix may use a live exchange-rate provider and may apply controlled fallback sources (such as recent cached rates or approved policy rates) when provider data is temporarily unavailable. Quote values may be time-bound; final invoiced amounts are those shown on the issued invoice in the invoice currency.

Payment processing is performed by third-party providers. Checkout options shown on the provider page (including available payment methods, payer currency-choice prompts, and provider-side risk decisions) are controlled by the provider configuration and applicable regulations.

Usage limits (e.g., members, boards, work items, storage) apply as described in your plan. Exceeding limits may require upgrading or may result in restricted functionality as described in the Service.

9. Termination

By you. You may stop using the Service at any time. If you are an Organization owner or admin, you may close the Organization or cancel the subscription in accordance with the options we provide in the Service.

By us. We may suspend or terminate your or your Organization’s access to the Service (or any part of it) for breach of these Terms, non-payment, extended inactivity, or if we discontinue the Service or a plan, with reasonable notice where practicable.

Effect. Upon termination, your right to access and use the Service ceases. We may retain and use Your Content as necessary to comply with law, resolve disputes and enforce our agreements. We encourage you to export your data before termination where the Service provides that option.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XEPHIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XEPHIX (AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD 100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify, defend and hold harmless Xephix and its affiliates, officers, directors, employees and agents from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Service, (b) Your Content, (c) your violation of these Terms or applicable law, or (d) your violation of any third-party rights.

13. Governing law and disputes

These Terms are governed by the laws of India, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Kolkata, West Bengal, India. You waive any objection to venue or personal jurisdiction in those courts.

14. Changes to these terms

We may modify these Terms from time to time. We will post the updated Terms on this page and update the “Last updated” date. For material changes, we may also notify you by email or through the Service. Your continued use of the Service after the effective date of the changes constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service and may close your account or Organization.

15. General

These Terms, together with our Privacy Policy and any order or plan terms we provide, constitute the entire agreement between you and Xephix regarding the Service. If any provision is held invalid or unenforceable, the remaining provisions remain in effect. Our failure to enforce any right does not waive that right. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, joint venture, or employment relationship.

16. Contact

For questions about these Terms or the Service, contact us at: Xephix Technologies Private Limited, 59/2, Block-C, Bangur Avenue, Kolkata – 700 055, West Bengal, India; or via xephix.com/contact. For company information, see our main Xephix Terms of Service.