These Terms &
Conditions constitute a legally binding agreement between you and Eximium.ai, a
business entity operating from MF-119, Sanghavi Tower, Tower No. 4, Near
Gujarat Gas Circle, Adajan, Surat - 395009, Gujarat, India. These Terms govern
your access to and use of the Eximium.ai integrated import-export ecosystem,
including its B2B marketplace, data analytics tool, documentation tool,
networking tool, websites, mobile applications, APIs, and associated services
(collectively, the "Platform").
By registering, accessing,
or using the Platform, you confirm that you have read, understood, and agreed
to be bound by these Terms and our Privacy Policy. If you do not agree with any
part of these Terms, you must immediately cease using the Platform.
The Platform is intended
for use by individuals who are at least 18 years of age and who are authorized
to act on behalf of a registered business entity engaged, or intending to
engage, in lawful import-export or allied activities. By using the Platform,
you represent and warrant that you satisfy these eligibility criteria and that
all information provided by you is true, accurate, and complete.
To access certain features
of the Platform, you may be required to create an account and provide
business-related information, including GST registration details, billing
information, and authorized representative contact details. You agree to:
•
Provide accurate, current, and complete information
during registration and to keep it updated.
•
Maintain the confidentiality of your login credentials
and not share them with unauthorized persons.
•
Accept responsibility for all activities that occur
under your account.
•
Notify us immediately of any unauthorized access or
suspected breach of your account.
We reserve the right to
suspend, deactivate, or terminate accounts that contain false information,
violate these Terms, or pose a security risk to the Platform or its users.
Eximium.ai offers an
integrated ecosystem designed to support import-export businesses. The Platform
currently includes four principal functionalities:
•
B2B Marketplace — a digital venue for connecting
buyers, sellers, and service providers in global trade.
•
Data Analytics Tool — dashboards, market
insights, and reporting features built on aggregated trade data.
•
Documentation Tool — templates and workflows to
assist in generating trade documentation.
•
Networking Tool — features that facilitate
business communication, introductions, and community engagement.
The Platform acts as a
facilitator and technology service provider. We do not manufacture, purchase,
sell, or ship goods, nor do we guarantee the outcome of any transaction,
negotiation, or business relationship formed through the Platform.
You agree to use the
Platform solely for lawful business purposes and in a manner that does not
infringe upon the rights of others or restrict their use of the Platform. You
specifically agree not to:
•
Post, upload, or transmit any content that is false,
misleading, defamatory, obscene, threatening, discriminatory, or otherwise
unlawful.
•
List, offer, or facilitate the trade of goods or
services that are prohibited, restricted, or otherwise regulated under
applicable Indian or international law.
•
Impersonate any person or entity, or misrepresent your
affiliation with any person or entity.
•
Attempt to gain unauthorized access to any portion of
the Platform, its servers, databases, or underlying infrastructure.
•
Use automated means, including bots, scrapers, or
crawlers, to extract data from the Platform without our prior written consent.
•
Upload or transmit any virus, malicious code, or other
technology that may damage or disrupt the Platform.
•
Use the Platform for money laundering, tax evasion,
sanctions violations, or any other illegal activity.
•
Circumvent or interfere with any security,
authentication, or rate-limiting features of the Platform.
You retain ownership of
the content, data, product listings, and materials you submit to the Platform
("User Content"). By submitting User Content, you grant Eximium.ai a
non-exclusive, royalty-free, worldwide, and sub-licensable license to host,
store, reproduce, display, modify (for formatting purposes), and distribute
such content solely to the extent necessary to operate, promote, and improve
the Platform.
You represent and warrant
that you own or have obtained all necessary rights, consents, and licenses to
submit such User Content and that it does not infringe any third-party rights.
We reserve the right, but are under no obligation, to review, moderate, or
remove any User Content that we believe violates these Terms or applicable law.
Access to certain features
of the Platform may be subject to applicable fees, subscription charges, or
transaction-based pricing, as described on the Platform or in a separate
written agreement. All fees are quoted exclusive of applicable taxes, which will
be charged additionally in accordance with law. Payments are processed through
authorized payment gateways, and you agree to ensure that payment details
provided are accurate and authorized for use.
Except as expressly stated
or required by law, all payments are non-refundable. We reserve the right to
modify our pricing, subscription plans, or billing cycles with reasonable prior
notice.
All intellectual property
rights in the Platform, including its software, design, user interface,
trademarks, logos, text, graphics, databases, and content (excluding User
Content), are owned by or licensed to Eximium.ai and are protected under
applicable intellectual property laws. You are granted a limited,
non-exclusive, non-transferable, and revocable license to access and use the
Platform solely for your internal business purposes in accordance with these
Terms. No other rights are granted, and any unauthorized use is strictly
prohibited.
The Platform may contain
links to, or integrations with, third-party websites, applications, or services
that are not owned or controlled by Eximium.ai. We do not endorse and are not
responsible for the content, policies, or practices of such third parties. Your
interactions with third-party services are governed by their respective terms
and policies, and you should review them before engaging.
The Platform and its
features are provided on an "as is" and "as available"
basis, without warranties of any kind, either express or implied. To the
fullest extent permitted by law, we disclaim all warranties, including
warranties of merchantability, fitness for a particular purpose,
non-infringement, accuracy, completeness, reliability, timeliness, and
uninterrupted availability.
Without limiting the
foregoing, Eximium.ai does not warrant that (a) the Platform will meet your
specific requirements; (b) trade information, analytics, or documentation
generated through the Platform is free from errors; (c) communications or
transactions initiated through the Platform will result in successful business
outcomes; or (d) the Platform will be free from harmful components.
To the fullest extent
permitted by applicable law, Eximium.ai, its directors, officers, employees,
affiliates, agents, and licensors shall not be liable for any indirect,
incidental, special, consequential, exemplary, or punitive damages, including
but not limited to loss of profits, revenue, goodwill, data, business
opportunities, or reputation, arising out of or in connection with your use of
or inability to use the Platform.
In no event shall our
aggregate liability arising out of or in connection with these Terms, whether
in contract, tort, or otherwise, exceed the total amount of fees actually paid
by you to Eximium.ai during the three (3) months immediately preceding the event
giving rise to the claim.
You agree to indemnify,
defend, and hold harmless Eximium.ai, its directors, officers, employees,
affiliates, and agents from and against any and all claims, losses, damages,
liabilities, costs, and expenses (including reasonable legal fees) arising out of
or related to (a) your use or misuse of the Platform; (b) your breach of these
Terms or any applicable law; (c) your User Content; (d) any dispute between you
and another user or third party; or (e) any misrepresentation made by you.
We reserve the right to
suspend, restrict, or terminate your access to the Platform, in whole or in
part, at any time and without prior notice, if we reasonably believe that you
have violated these Terms, engaged in fraudulent or unlawful activity, or created
a risk for Eximium.ai or other users. You may terminate your account at any
time by submitting a written request to the contact details provided below.
Upon termination, your
right to access the Platform will cease immediately. Provisions that by their
nature are intended to survive termination — including intellectual property,
confidentiality, disclaimers, limitation of liability, indemnification, and
governing law — shall continue to apply.
Eximium.ai shall not be
liable for any failure or delay in performance of its obligations under these
Terms due to causes beyond its reasonable control, including but not limited to
acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil
disturbances, strikes, labor disputes, governmental actions, failures of
telecommunications networks, cyber-attacks, or power outages.
Each party agrees to
maintain the confidentiality of non-public information disclosed by the other
party in connection with the use of the Platform and to use such information
solely for the purposes contemplated under these Terms. This obligation shall not
apply to information that is publicly available through no breach of these
Terms, independently developed, or required to be disclosed under law.
We may update or modify
these Terms from time to time to reflect changes in our services, legal
requirements, or business practices. The updated Terms will be posted on the
Platform with a revised "Effective Date". Your continued use of the
Platform after such updates constitutes your acceptance of the revised Terms.
If you do not agree to the revised Terms, you must discontinue use of the
Platform.
These Terms and any
dispute or claim arising out of or in connection with them or their subject
matter shall be governed by and construed in accordance with the laws of India,
without regard to its conflict of laws principles. Subject to the arbitration provision
below, the courts at Surat, Gujarat shall have exclusive jurisdiction over any
matter arising out of or in connection with these Terms.
In the event of any
dispute, controversy, or claim arising out of or in connection with these
Terms, the parties shall first attempt to resolve the matter amicably through
good-faith negotiation. If the dispute is not resolved within thirty (30) days
from the date of notice of the dispute, it shall be referred to and finally
resolved by arbitration conducted in accordance with the Arbitration and
Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator
mutually appointed by the parties, the seat and venue of arbitration shall be
Surat, Gujarat, and the proceedings shall be conducted in English. The award
rendered by the arbitrator shall be final and binding upon the parties.
If any provision of these
Terms is held to be invalid, illegal, or unenforceable by a court of competent
jurisdiction, the remaining provisions shall continue in full force and effect.
Failure by Eximium.ai to enforce any right or provision of these Terms shall
not be deemed a waiver of such right or provision.
You may not assign,
transfer, or delegate any of your rights or obligations under these Terms
without our prior written consent. Eximium.ai may assign its rights and
obligations under these Terms without restriction, including in connection with
a merger, acquisition, reorganization, or sale of assets.
These Terms, together with
the Privacy Policy and any other legal notices or agreements published by
Eximium.ai on the Platform, constitute the entire agreement between you and
Eximium.ai with respect to your use of the Platform and supersede all prior agreements,
understandings, or representations.
For questions, notices, or
requests concerning these Terms & Conditions, please contact us:
•
Company: Eximium.ai
•
Email: info@eximium.ai
•
Phone: +91 9033785404
•
Address: MF-119, Sanghavi Tower, Tower No. 4,
Near Gujarat Gas Circle, Adajan, Surat - 395009, Gujarat, India
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