Terms of Service
Welcome to Xorblin. Xorblin Digital Private Limited (“Xorblin,” “Company,” “we,” “us,” or “our”) provides technology consulting, software development, artificial intelligence systems design, and cybersecurity services (collectively, the “Services”).
By accessing our website (xorblin.com), engaging us for Services, or signing a Statement of Work, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not access our website or use our Services.
1. Services and Statements of Work
Xorblin provides professional engineering and consulting services. The specific scope, deliverables, timeline, fees, and requirements for any client engagement will be detailed in a mutually executed Statement of Work (“SOW”), Service Agreement, or work order. In the event of a conflict between these Terms and a specific SOW, the terms of the SOW shall control for that specific engagement.
2. Client Obligations and Cooperation
Our ability to deliver high-quality Services depends on your active cooperation. You agree to:
- provide timely access to necessary data, systems, credentials, API keys, and assets;
- assign a qualified project owner or point of contact to make decisions;
- ensure that all content, data, and assets you provide do not infringe third-party intellectual property or violate any laws;
- review milestones and deliverables promptly within the agreed feedback windows.
Xorblin is not responsible for project delays or failures caused by client-side delays, lack of access, or incomplete requirements.
3. Intellectual Property Rights
3.1 Deliverables
Unless otherwise specified in a Statement of Work, upon full and final payment of all outstanding fees, Xorblin assigns to you all right, title, and interest in and to the custom software, code, designs, and deliverables created specifically for you under that SOW (the “Deliverables”).
3.2 Background IP and Pre-Existing Code
Xorblin retains all ownership, copyright, and intellectual property rights in its pre-existing tools, libraries, frameworks, proprietary algorithms, methodologies, and general software components used during the Services (collectively, “Background IP”). Xorblin grants you a non-exclusive, worldwide, royalty-free, perpetual license to use, modify, and execute Background IP solely to the extent embedded in or required to operate the Deliverables.
3.3 AI Model Weights and Training Data
Unless explicitly agreed in writing, training datasets, raw weights, prompt chains, model configurations, and tuning structures developed by Xorblin during research or service delivery remain the property of Xorblin or their respective third-party licensors (such as OpenAI, Google, Anthropic, or Meta). Your rights to use open-source or commercial models are subject to their respective licenses (e.g., Apache 2.0, Llama license, OpenAI Terms).
4. Proprietary Information and Confidentiality
Both parties agree to protect and keep confidential all non-public information disclosed by the other party that is marked as confidential or should reasonably be understood to be confidential, including business plans, technical designs, credentials, data, pricing, and draft specifications. This obligation survives the termination of these Terms for a period of three (3) years.
5. Liability and Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. XORBLIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL XORBLIN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING UNDER THESE TERMS OR A STATEMENT OF WORK SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO XORBLIN UNDER THE APPLICABLE SOW IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
6. Term and Termination
These Terms apply as long as you access our website or engage our Services. Either party may terminate these Terms or an active SOW:
- upon thirty (30) days written notice if the other party is in material breach and fails to cure such breach;
- immediately if the other party becomes insolvent, enters liquidation, or ceases operations.
Upon termination, you agree to pay Xorblin for all Services performed, hours logged, and expenses incurred up to the effective date of termination.
7. Governing Law and Dispute Resolution
These Terms and any dispute arising out of them shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
Any dispute, controversy, or claim arising out of or relating to these Terms, including its formation or breach, shall be subject to the exclusive jurisdiction of the competent courts in Patna, Bihar, India.
8. Changes to These Terms
We may update these Terms from time to time to reflect changes in our business, service offerings, or legal requirements. When we do, we will update the Effective Date at the top. Your continued use of our Services or website after an update constitutes acceptance of the revised Terms.
9. Contact Information
If you have any questions or require clarification regarding these Terms, please contact us:
Xorblin Digital Private Limited
Madhu Kunj Nagar Baswariya Bettiah,
West Champaran, Bihar, India, 845438
Email: legal@xorblin.com