Legal

Terms of Use

The agreement between your business and Xike. Please read it — it is written to be short and clear.

Effective date: [Effective date] · Last updated: [Last updated date]

Pilot version: our company details and a few terms are still being finalised. Questions in the meantime: [email protected]

1. About these terms

Who you contract with. You contract with [Company legal name — India], a private limited company incorporated in India (CIN [CIN], GSTIN [GSTIN], [Registered address]), if your business is in India; otherwise with [Company legal name — US], a company incorporated in Delaware, USA (Delaware file number [Delaware file number], EIN [EIN], [Address]). That company is “Xike”, “we”, “us” in these terms; it bills you and its name is on your invoices and in Plan & billing.

These terms are between that Xike company and the business that signs up (“you”). They cover the Xike app, POS, guest QR pages, staff bot and website (together, “Xike”). By creating an account or using Xike you agree to them. If you sign up for a business, you confirm you are allowed to bind it.

Xike is for businesses, not consumers. You must be 18 or over (or the age of majority where you live). Our Privacy Policy explains how we handle personal data.

2. Your account

• Give true details and keep them up to date. Keep your sign-in, POS PINs and devices safe. Tell us at once if you think someone else is using your account.
• You are responsible for what happens under your account, including what your staff, managers and partners do in Xike. You choose who gets access and what each role can do.
• You can sign out everywhere from the app at any time.

3. Plans, trial and billing

• Free trial: each new selling outlet gets 14 days of Xike Business free. No card is needed. We remind you before it ends.
• Plan: after the trial, Xike Business is charged per selling outlet, monthly or yearly, at the price shown in the app and on xike.in for your country. Tax: in India, 18% GST is added (place of supply: your GSTIN’s state, else the state of your address; we ask if we don’t know it). Outside India Xike is for businesses only and prices are shown excluding VAT/GST: if you give us a valid VAT/GST registration number (for example an EU VAT number, UK VAT number, ABN, Singapore GST number, UAE TRN or Canadian GST/HST number), no VAT/GST is charged and the invoice says the reverse charge applies (you account for any tax due); in the US, plus any sales tax where we are registered to collect it. Where we are registered for VAT/GST in your country and you have not given a valid number, that country’s VAT/GST is added. [Tax adviser to confirm each country’s treatment] Where Xike offers billing (POS), it is included with the plan and is not offered on its own; in countries whose law sets strict rules for tills (such as Germany, France, Spain and Italy) Xike does not offer billing and you keep your own till. Central kitchens and warehouses that don’t sell are not charged.
• Automatic renewal: your plan renews automatically at the end of each month or year, and we charge the payment method you saved, until you cancel. By choosing a plan you authorise these charges. We remind you before each yearly renewal.
• Paying: in India through Razorpay (UPI, cards, netbanking, optional UPI AutoPay); elsewhere through Stripe.
• Late payment: if a renewal isn’t paid, there is a 7-day grace period. After that the plan pauses: Xike stops issuing new bills and the monthly AI allowance stops. Your sales, reports, exports, checklists, requests and daily close keep working, and nothing is deleted. Paying restarts the plan at once.
• Cancelling: cancel at any time in the app; after that you won’t be charged again. There is no minimum term and no exit fee. Monthly plans: cancel any month; the plan runs to the end of the month you paid for. Yearly plans run to the end of the paid year; if you cancel a yearly plan within 14 days of paying for it, we refund that payment in full. Otherwise we don’t refund part periods, except where the law requires it (for example under consumer-guarantee law).
• Price changes: we will tell you at least [e.g. 30 days] before a new price applies to you. It applies from your next period; you can cancel before then.
• Coupons and free (“comped”) plans follow the terms shown with them and can be withdrawn for the future.

4. AI credits and top-ups

• Each plan includes a monthly AI allowance (shown in the app; it resets each month and does not carry over). Use beyond it is paid from prepaid AI credits you top up (for example from ₹100 in India).
• AI use is charged by what each request really uses, with a small minimum and a cap per request; voice by the minute; WhatsApp messages per message. The app shows what you used, and you can set a monthly limit, a low-credit alert and auto top-up.
• Credits are in your outlet’s currency, are shared by the outlets of your business that use that currency, and have no cash value. Tax is charged when you buy them. [Credits do not expire while your account is open / expire after 12 months — decide]
• Top-ups are non-refundable and can’t be transferred to another business, except where the law requires a refund or we charged you in error. [Confirm: unused credits on account closure — refunded / forfeited]
• When the allowance and credits run out, AI features pause (for example voice notes get “please type it”); core operations do not depend on credits.

5. Your customers’ payments

Xike never receives or holds the money your customers pay you. In India they pay to your own UPI ID; elsewhere through your own Stripe account if you connect one. Xike takes nothing from your sales; your bank, UPI provider or payment provider may charge its own fees. Xike shows whether a payment appears in your bank alerts, but you are responsible for your payment accounts, refunds to your customers, chargebacks and settlement with your payment provider or bank. Xike’s own payment accounts are used only for Xike’s plan and credits.

6. Acceptable use

Don’t use Xike to:

• break any law, including tax, consumer, food-safety, labour, privacy, CCTV and marketing laws;
• store patients’ health information, prescriptions or clinical notes — Xike is not for patient or prescription data, is not a patient-record, prescribing or dispensing system, and we don’t sign health-data agreements such as HIPAA business associate agreements;
• send spam, or message customers who said STOP or never agreed to hear from you;
• watch or identify people unlawfully — CCTV must be in places and used in ways your local law allows, with any notices it requires; staff face recognition only with the staff member’s free consent;
• upload content that is illegal, infringing, abusive, or that you have no right to share;
• try to reach another business’s data, get around limits or security, probe or overload our systems, or copy, resell or reverse-engineer Xike except as the law allows;
• use it for anything that could harm people, such as safety-critical decisions made by the AI alone.

We may suspend access that breaks these rules or puts others at risk. Where we can, we will warn you first and tell you why.

7. Your data

• It is yours. You own the data you and your team put into Xike. You can download all of it as spreadsheets at any time, in one click (More → Your data). No minimum term and no lock-in.
• You are the controller; we are the processor. For personal data about your staff, customers and suppliers, you decide what is collected and why (you are the “data fiduciary” under India’s DPDP Act, the “controller” under GDPR). We process it only to provide Xike to you and as you instruct. See the Data Processing summary below.
• You are responsible for having a lawful reason to put personal data into Xike, for giving people the notices your law requires (Xike sends staff a short notice when they join the bot), for getting any consents needed — especially for CCTV, face recognition and marketing messages — and for answering requests from those people. Xike gives you tools to export or erase a customer’s data.
• We may use data about how Xike is used, in a form that does not identify you or any person, to run and improve Xike. We do not train AI models on your data, and we do not sell it.

8. AI and advice

• Xike’s AI reads messages, photos and documents, answers questions and prepares changes. AI can be wrong. It can misread a bill, mishear a voice note, misjudge a camera picture or give a wrong answer. Review what it prepares before you act on it.
• Nothing changes without confirmation. When the AI prepares a change to your prices, stock, accounts, payments, staff or settings, a person must approve it. You are responsible for what you approve.
• No guaranteed results. Xike may point out savings, leaks, wastage or sales ideas, but we don’t promise any saving, profit, return or business result.
• Not professional advice. GST, tax, e-invoice, payroll, licence, legal, food-safety and similar outputs are tools to help you. They are not tax, legal, accounting or financial advice. Check them with a qualified professional (for example your CA) before filing or relying on them. You remain responsible for your filings and compliance, including your own GST or other tax, drug-law, hallmarking, labour and privacy obligations.
• Pay estimates are not payroll. Xike works out hours and a pay estimate from attendance for you or your accountant to check, and labels it as an estimate. It applies a default overtime rule for your country (India: at least 2× past the normal day or 48 hours a week; US: 1.5× past 40 hours a week, plus California’s daily rules); elsewhere overtime is added only at a rate you set. You can set a different rate or turn overtime off for a person. Tax, statutory deductions and minimum-wage checks are not included, and Xike does not file anything. Check the estimate against the law that applies to you.
• CCTV checks and face “sightings” are leads, not proof. Don’t take action against anyone on them alone.

9. Other services you connect

Xike can connect to services such as Telegram, WhatsApp, Gmail, Outlook, Google Business Profile, Razorpay, Stripe, UrbanPiper, Deliverect, delivery apps, POS systems, attendance machines and cameras. Those services have their own terms, which you agree with them. We are not responsible for them, for changes they make, or if they stop working with Xike. WhatsApp messages and some other services may cost extra, as shown in the app.

10. Availability and changes

• We work to keep Xike running and your data safe, but we can’t promise it will always be available or free of errors. Planned maintenance will be at quiet hours where we can. [Service level / uptime target, if any]
• The POS keeps working offline for billing where it can and syncs when the connection returns; card and pay-link payments need a connection. Still, keep a fallback for your counter.
• We improve Xike all the time and may add, change or remove features. If we remove something important you pay for, we will tell you in advance.

11. Ownership

We own Xike — the software, design, brand and content we provide. We give you a non-exclusive, non-transferable right to use it for your business while your account is active. If you send us feedback or ideas, we may use them freely.

12. Warranties and liability

• Xike is provided “as is” and “as available”. To the extent the law allows, we disclaim implied warranties (such as fitness for a particular purpose).
• To the extent the law allows, we are not liable for indirect or consequential loss, or for lost profits, revenue, goodwill or data that could have been avoided by exporting it, or for losses caused by the AI’s output that you approved or relied on, by services you connected, or by your devices and networks.
• Our total liability for all claims in any 12 months is limited to [the fees you paid us in the 12 months before the claim / a fixed amount].
• Nothing in these terms limits liability that can’t be limited by law (for example for fraud, or death or personal injury caused by negligence).
• You will cover our reasonable losses from claims by others that arise from your breach of these terms or of the law, or from data you put into Xike without the right to do so.

13. Ending the agreement

• You can stop at any time: cancel your plan in the app, download your data, and ask us to close your account at [Email].
• We may end or suspend the agreement if you seriously or repeatedly break these terms, don’t pay, or if the law requires it. Except in urgent cases, we will give notice.
• Your data on the way out: after your account is closed, you have [e.g. 30 days] to export your data. Then we delete or anonymise it within [e.g. 90 days], except what the law requires us to keep. You remain responsible for keeping the records your tax law needs — export them before you leave.
• Sections that by their nature should continue (payments due, ownership, liability, law and disputes) survive.

14. Law and disputes

If you contract with the India company, these terms are governed by [Governing law — India entity] and the courts at [Courts — India entity] have exclusive jurisdiction. If you contract with the Delaware company, they are governed by [Governing law — US entity] and the courts at [Courts — US entity] have exclusive jurisdiction. Either way, this is subject to any rights you have under the mandatory laws of your country. Before going to court, please write to us — most problems can be solved quickly. [Optional: arbitration clause]

15. General

• We may update these terms. For important changes we will tell you in the app or by email at least [e.g. 30 days] before they apply; continuing to use Xike after that means you accept them.
• You can’t transfer this agreement without our consent; we may transfer it to a company that takes over Xike.
• Neither side is liable for delays caused by events beyond reasonable control (for example outages of internet, power or a provider).
• If a part of these terms is unenforceable, the rest still applies. Not enforcing a right now doesn’t mean giving it up.
• These terms, the Privacy Policy, the Data Processing summary and any order or plan you accept are the whole agreement.
• Notices to us: [Email], or the address of the Xike company you contract with (section 1). Notices to you: in the app or to your account email.
• Names of other products and services on xike.in and in Xike (for example Petpooja, Tally, Marg, Busy, Swiggy, Zomato, DoorDash, Uber Eats, Deliveroo, Lieferando, Stripe, Razorpay, Telegram, WhatsApp, Google and Microsoft) are trade marks of their owners. Xike is not affiliated with or endorsed by them.

16. Data Processing summary (for businesses)

This summary forms part of these terms. It describes how Xike processes personal data on your behalf. [A full Data Processing Agreement, including EU Standard Contractual Clauses, is available on request at [Email]]

Questions about these terms: [Email] · See also Privacy Policy · Contact