Terms of Use
Effective date: 3 October 2025
These Terms of Use ("Terms") govern your access to and use of xNotify, a notification, messaging and customer-engagement platform (the "Service") provided by eOcean Technologies, incorporated and operating in the United Arab Emirates. By accessing or using xNotify, you agree to be bound by these Terms, and you acknowledge that you have read our Privacy Policy. If you are entering these Terms on behalf of an entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree, do not use the Service.
1. Rights granted and license
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for internal business purposes, as specified in your Order Form or subscription plan. SDKs and integration tools may only be used for internal purposes as documented.
2. Customer obligations and restrictions
You must provide accurate account information and keep credentials secure. You may not sublicense, resell, reverse-engineer, or misuse the Service. Prohibited uses include spam, unlawful transmissions, harmful code, and violating applicable laws and telecom regulations. Sensitive or health data may not be stored unless explicitly agreed.
3. Trial periods
Trials may be offered at eOcean's discretion. Access may be suspended or terminated without liability. Trials remain subject to these Terms.
4. Updates and availability
We may release updates, enhancements, or patches at any time. Service may be unavailable for maintenance or upgrades, with reasonable notice given for planned downtime.
5. Intellectual property
All rights in the Service, software, APIs, SDKs, and documentation remain with eOcean Technologies. You retain ownership of your data but grant us a limited license to process and transmit it as necessary to provide the Service.
6. Charges and payment
Fees are specified in your Order Form or plan. Payments are due within 30 days of invoice. Late payments may result in suspension or termination. Fees exclude taxes, which are your responsibility.
7. Confidentiality and security
Each party agrees to protect the other's confidential information with reasonable care. We apply security measures to protect Service Data and will notify you of breaches where legally required. You remain responsible for compliance and obtaining consents for personal data processed through the Service.
8. Disclaimers
The Service is provided "as is" without warranties of any kind. We do not guarantee uninterrupted operation and disclaim implied warranties including merchantability or fitness for purpose.
9. Limitation of liability
To the maximum extent permitted, liability shall not exceed amounts paid by you in the 12 months prior to a claim. Neither party is liable for indirect or consequential damages such as lost profits or data.
10. Indemnification
You will indemnify and hold harmless eOcean Technologies from third-party claims arising from your use of the Service. We will indemnify you against third-party IP infringement claims caused solely by the Service (excluding misuse or unauthorized combinations).
11. Term and termination
These Terms remain in effect during your subscription. We may suspend or terminate access for breach or non-payment. Upon termination, your right to use the Service ceases, and data may be deleted after a defined retention period.
12. Governing law and dispute resolution
These Terms are governed by the laws of the United Arab Emirates (UAE). Disputes shall be resolved by arbitration under Dubai International Arbitration Centre (DIAC) rules, seated in Dubai, in English. Where arbitration is not applicable, Dubai courts shall have exclusive jurisdiction. eOcean may seek interim relief in Dubai courts to protect its intellectual property or confidential information.
13. Miscellaneous
These Terms constitute the entire agreement. Neither party is liable for force majeure events. Notices are effective when delivered to the registered addresses below. Failure to enforce a right is not a waiver. We may use your logo/name for marketing unless you object in writing.
Notices
All legal notices must be sent to:
- eOcean Technologies
- Office 1413B, Regal Tower
- Business Bay, Dubai, UAE
- Email: legal@eocean.net