Terms and Conditions

Introduction

Welcome to Exicube.com, a service provided by Exicube App Solutions (OPC) Private Limited. By accessing or using our website and services, you agree to comply with these Terms and Conditions. If you do not agree, please do not use our website.

Acceptable Use

• You agree to use Exicube.com and any platform services only for lawful purposes and in a manner that does not infringe on the rights of others.
• You shall not engage in any activity that could harm, disrupt, or interfere with the proper functioning of the website or any managed platform services.
• Unauthorised access, data scraping, or reverse engineering of our website, mobile applications, admin panels, backend services, or any other component of the platform is strictly prohibited.
• You shall not decompile, reverse-engineer, disassemble, or attempt to derive the source code of any mobile applications, admin panels, APIs, or backend services provided under your subscription.

Account and User Responsibility

• If you create an account on Exicube.com, you are responsible for maintaining the confidentiality of your login credentials.
• Any activities conducted under your account will be your sole responsibility.
• Exicube reserves the right to suspend or terminate accounts that violate these Terms.

Service Description

Exicube is a fully managed platform that provides white-labelled mobile applications and admin panels for ride-hailing and grocery delivery businesses. We provide:

• White-labelled customer and driver/delivery mobile applications
• Web-based admin panel for business management
• Managed cloud hosting infrastructure provisioned and maintained by Exicube
• Platform setup, deployment, and ongoing management, including app store submission on your app store developer accounts
• Security patches, bug fixes, and app store / OS compatibility maintenance
• Technical support

Infrastructure Model: Exicube platform services are hosted on cloud infrastructure provisioned, managed, and maintained by Exicube. Mobile applications are published to app store developer accounts owned by the client. Exicube manages, maintains, and operates the entire platform on your behalf. All deployed software, code, and configurations remain the intellectual property of Exicube regardless of where they are hosted.

Scope of "Managed" Services: The managed service includes: cloud hosting, server administration, database management, security patches, bug fixes, OS/app store compatibility updates, automated server monitoring, and technical support per your plan tier. The managed service does not include: custom feature development, UI/UX redesign, content creation or management, marketing, third-party service configuration (payment gateways, SMS providers), app store developer account management (beyond initial submission), or compliance consulting.

Intellectual Property

• All software, source code, algorithms, designs, trademarks, and intellectual property comprising the Exicube platform — including mobile applications, admin panels, backend services, APIs, AI models, and infrastructure configurations — are and shall remain the exclusive property of Exicube App Solutions (OPC) Private Limited, regardless of where they are deployed or hosted.
• No Source Code Delivery: Exicube is a managed platform service. Source code is not delivered, transferred, or made available to clients under any circumstances. Deployment of code to Exicube-managed infrastructure or your app store accounts does not constitute delivery or transfer of source code or any intellectual property rights. You receive access to the platform, not ownership of any underlying technology.
• Deployed Code Remains Exicube IP: Any code, binaries, configurations, scripts, or application packages deployed to Exicube-managed infrastructure or your app store accounts remain the exclusive property of Exicube. Hosting on Exicube-managed infrastructure does not transfer any ownership, license to the underlying code, or right to independently access, copy, modify, or redistribute the deployed software.
• You shall not copy, reproduce, distribute, modify, create derivative works from, reverse-engineer, decompile, or disassemble any component of the platform.
• Improvements and Enhancements: Any improvements, features, customisations, or enhancements developed by Exicube — including those inspired by or built for a specific client — remain the sole intellectual property of Exicube App Solutions (OPC) Private Limited and may be made available to other clients.
• Your brand assets, logos, business data, and customer data remain your property at all times.
• Users are not allowed to copy, reproduce, or distribute any content from the Exicube website without written permission.

License Grant & Restrictions

• You are granted a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Exicube platform solely for your own business operations during the term of your active subscription.
• This license does not grant you any right, title, or interest in the platform's source code, architecture, or underlying technology.
• You may not resell, sublicense, redistribute, white-label for third parties, or otherwise make the platform available to any entity other than your own business and its direct end-users (riders, drivers, customers).
• The license is contingent upon timely payment of all subscription fees and compliance with these Terms.
• The license terminates immediately upon cancellation, expiry, or termination of your subscription for any reason.

Subscriptions and Payments

• Setup Fee (Milestone Billing): The setup fee is billed in three milestone payments — on signing, at branded preview, and at go-live (when your platform is live and the apps are ready to submit to the stores). Each milestone is invoiced when the preceding deliverable is met. The fee covers initial platform provisioning, white-label branding and customisation, cloud infrastructure setup, app store submission on your developer accounts, and initial configuration of your admin panel. Milestone payments are non-refundable once work on their stage has begun, except as described in our Refund and Cancellation Policy (Failed Service Delivery and non-excludable statutory rights). The setup fee is separate from and in addition to your recurring monthly subscription.
• Monthly Subscription: Following the initial setup, you pay a recurring monthly subscription fee that includes managed cloud hosting, platform management, security patches, bug fixes, app store / OS compatibility maintenance, and technical support. New feature modules and AI-powered services may be offered as optional add-ons; details will be published on the pricing page as they become available. Your subscription begins on the earlier of the date either mobile application is published on the Apple App Store or Google Play, or the 31st day after we deliver the platform to you for testing, so your first month of hosting after delivery is included while you prepare to launch.
• All subscriptions and setup fees on Exicube.com are subject to our refund and cancellation policies. Please refer to our Refund and Cancellation Policy for details.
• Price Changes: Prices, subscriptions, and payment terms are subject to change. We will provide at least 30 days' written notice before any price increase takes effect. You have the right to cancel your subscription without penalty before the new pricing takes effect. If you do not cancel, continued use of the service after the effective date constitutes acceptance of the new pricing.
• Billing: Subscription fees are invoiced at the start of each billing cycle (e.g., monthly). Setup milestones are invoiced individually as each stage is reached.
• Exicube App Solutions (OPC) Private Limited reserves the right to refuse or cancel any order at its sole discretion, including in cases of fraud or fulfilment issues.
• Payments must be made according to the specified methods on the website.
• Failure to make payments may result in service suspension.

Third-Party Services & Dependencies

Our Platform relies on various third-party infrastructure and service providers (e.g., cloud hosting providers, payment gateways, mapping services, SMS/email providers) and third-party app stores (e.g., Apple App Store, Google Play). While Exicube exercises commercially reasonable care in selecting and managing these providers, we do not control their operations.

• App Store Approvals: While we manage the app submission process, final approval is at the sole discretion of the respective app stores. Exicube is not liable for rejections, delayed reviews, or required modifications mandated by third-party app store guidelines. Such delays do not constitute a failure to deliver our services.
• Hosting Provider Outages: The platform is hosted on third-party cloud infrastructure providers selected and managed by Exicube. We shall not be liable for any downtime, data loss, performance degradation, or business interruption resulting from outages, hardware failures, network disruptions, API changes, or policy updates by these underlying infrastructure providers. Exicube will use commercially reasonable efforts to restore service promptly and, where feasible, may migrate affected services to alternative infrastructure.
• Payment & Communication Services: Third-party payment processors (e.g., Stripe, Square), SMS gateways, and other integrated services are operated independently. Exicube is not liable for failures, fee changes, or policy modifications by these providers. You are responsible for the costs of any third-party services billed directly to your accounts.
• Third-Party Links: Exicube.com may contain links to external websites. We do not control or endorse these sites and are not responsible for their content. Your interactions with third-party websites are at your own risk.

App Store Accounts & Client Responsibilities

• Client-Owned App Store Accounts: You are responsible for providing and maintaining valid app store developer accounts (e.g., Apple Developer Program, Google Play Console) as required for app publication. All costs associated with these accounts (app store developer fees) are your responsibility and are separate from Exicube subscription fees.
• Managed Hosting: Cloud hosting infrastructure is provisioned, managed, and maintained by Exicube as part of your subscription. Hosting costs are included in your monthly subscription fee. You do not need to provide or manage any cloud infrastructure accounts.
• Managed Access: You grant Exicube the necessary access credentials and permissions to deploy, manage, update, and maintain the platform on your app store accounts. You shall not revoke this access during an active subscription without prior written notice.
• No Independent Modification: You shall not independently access, modify, copy, extract, download, or tamper with any code, binaries, configurations, databases, or application packages deployed by Exicube to any infrastructure or app store accounts. Any unauthorised access or modification constitutes a material breach of these Terms and may result in immediate termination.
• Account Security: You are responsible for securing your app store accounts. Exicube implements industry-standard measures to secure the managed cloud hosting infrastructure. Exicube is not liable for any security breaches resulting from your failure to maintain adequate app store account security, including but not limited to compromised credentials or unauthorised access by your employees or contractors.
• Prerequisite Deadline: You must provide all required app store account access, branding assets, and prerequisites within 7 days of the first milestone payment. If prerequisites remain outstanding for 30 days, the project may be closed per our Refund & Cancellation Policy.

Platform Capacity & Fair Use

• Capacity Tiers: Each subscription plan includes managed cloud hosting sized for a specific operational scale. Capacity limits vary by service type. Taxi & Grocery: Starter plans support up to 5,000 monthly active customers and 100 monthly active drivers. Advanced plans support up to 15,000 monthly active customers and 300 monthly active drivers (Grocery Advanced includes multi-vendor support). Pro plans support up to 30,000 monthly active customers and 1,000 monthly active drivers (Grocery Pro includes multi-vendor support). Taxi Enterprise plans offer unlimited capacity with custom maps and precision address data. A monthly active customer is a customer account that opens the app or website at least once in a calendar month, and a monthly active driver is a driver account that goes online at least once in a calendar month. Accounts that do neither in the month are not counted.
• Exceeding Limits: If your platform consistently exceeds the capacity included in your plan, Exicube will notify you and may require an upgrade to a higher-tier plan to ensure continued service quality and performance. Exicube reserves the right to throttle or restrict service if capacity limits are significantly and persistently exceeded without an upgrade.
• Upgrades: You may upgrade your plan at any time. Upgrades take effect immediately, and you pay only the prorated difference in fees.

Third-Party Service Costs

Your Exicube subscription includes managed cloud hosting, security & compliance updates (security patches, OS compatibility, app store compliance), and support. The following third-party services are not included in your subscription and are billed directly by the respective providers:

• SMS & Notification Services: SMS verification and notification services are billed directly by the provider based on your usage volume. You are responsible for setting up and funding your own account with your chosen SMS provider.
• Payment Gateway Fees: Transaction processing fees charged by payment gateways (e.g., Stripe, Square) are between you and the payment provider. Exicube does not add any transaction fees on top of what the gateway charges.
• Email Delivery Services: Transactional and marketing email delivery services are billed directly by the provider based on your sending volume.
• App Store Developer Fees: Apple Developer Program ($99/year) and Google Play Console ($25 one-time) fees are your responsibility, as apps are published under your own developer accounts.
• Maps & Routing: Exicube uses open-source mapping (MapLibre, OSRM) at no additional cost to the client. If you choose to use Google Maps or other premium mapping providers, those costs are your responsibility.

Privacy Policy

Your use of Exicube.com is also governed by our Privacy Policy. Please refer to our Privacy Policy to learn how we collect, use, and protect your data.

Algorithmic Pricing & Automated Decisions

The Exicube platform includes algorithmic pricing and automated decision-making features. By using these features, you acknowledge:

• Surge/Dynamic Pricing: The platform may automatically adjust fares based on real-time demand, time of day (peak/off-peak hours), weather conditions (from the weather data provider named on our Sub-processors page), and geo-fenced zone rules. Customers are shown the current multiplier and estimated fare with surge applied before confirming any booking. You can set a maximum multiplier cap (e.g., 3.0×) and disable any surge factor from the admin panel.
• Driver Dispatch Scoring: The platform uses a daily performance score to prioritise driver job offers. The score considers job acceptance, completion, customer ratings, timeouts, and cancellations. Drivers may request a full explanation of their score and request human review. See our Privacy Policy for the complete scoring formula.
• Regulatory Compliance: You are solely responsible for ensuring that the use of algorithmic pricing complies with local transport regulations in your operating jurisdiction. Some jurisdictions (e.g., certain Indian states, New York City) impose caps or disclosure requirements on surge pricing. Exicube provides the tools; compliance with local laws is your responsibility.

Uptime and Availability

We target high availability for all managed platform services and proactively monitor infrastructure with automated 24/7 server monitoring. Scheduled maintenance windows will be communicated at least 48 hours in advance. We are not liable for downtime caused by third-party service provider outages, force majeure events, or your own actions (including unauthorised modifications to app store accounts or platform configurations). Uptime targets are not guarantees and no service credits are provided for downtime unless separately agreed in writing.

Disclaimer of Warranties

• Exicube.com provides services on an 'as is' and 'as available' basis, without warranties of any kind, to the maximum extent permitted by applicable law.
• We do not guarantee that our website will always be secure, error-free, or uninterrupted.
• Nothing in these Terms excludes or limits any warranties, guarantees, or rights that cannot be excluded or limited under applicable law, including statutory consumer guarantees under Australian Consumer Law, EU consumer protection directives, or similar mandatory protections in your jurisdiction.

Limitation of Liability

• To the fullest extent permitted by law, Exicube App Solutions (OPC) Private Limited shall not be liable for indirect or consequential damages resulting from your use of our services.
• Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim.

Termination

• We may terminate user access immediately, with written notice, for material breach, fraud, or an active security threat. For any other breach we give 14 days' written notice and an opportunity to cure before terminating.
• You may cancel your subscription at any time by sending a written notice to [email protected]. Cancellation takes effect at the end of the current billing cycle.
• Effect of Termination: Upon termination or expiry of your subscription, your license to use the platform terminates immediately. All managed services cease, including platform management, maintenance, support, and ongoing security & compliance updates.
• Data Export Window: We will provide a 30-day window following the effective termination date to export your business data (customer records, ride/order history, and financial reports) in CSV and/or JSON format at no additional charge. During this period, read-only API access will be maintained for data export purposes. After this period, data may be permanently deleted.
• Post-Termination Obligations: Within 30 days of the effective termination date, you are required to: (a) export any business data you wish to retain; (b) remove all Exicube-deployed applications from your app store accounts (Apple App Store, Google Play); and (c) confirm deletion in writing to Exicube at [email protected]. Exicube will decommission all managed hosting infrastructure associated with your account within 30 days of termination. Failure to comply after the 30-day period constitutes continued unauthorised use of Exicube's intellectual property.
• Remote Disablement: Exicube reserves the right to remotely disable, deactivate, or render non-functional any deployed platform components after the 30-day post-termination window has elapsed. In cases of material breach, fraud, or active security threats, Exicube may exercise remote disablement immediately with simultaneous written notice. In cases of non-payment exceeding 60 days, Exicube will provide 7 days' written notice before exercising remote disablement. For all other breaches, Exicube will provide 14 days' written notice and an opportunity to cure the breach before exercising remote disablement. End-User Safety: Remote disablement shall not be exercised during active rides or deliveries in progress. Exicube will make commercially reasonable efforts to time disablement during low-activity periods to minimise disruption to end-users.
• For AI SaaS services, all access terminates immediately upon cancellation.
• Termination does not relieve you of any outstanding payment obligations.

Indemnification

• Client Indemnification: You agree to indemnify and hold Exicube App Solutions (OPC) Private Limited harmless from any claims, damages, or liabilities arising out of: (a) your use of the services, (b) your breach of these Terms, (c) your violation of applicable laws, or (d) content or data you publish through the platform.
• Exicube Indemnification: Exicube agrees to indemnify and hold you harmless from any third-party claims alleging that the Exicube platform, as provided by Exicube, infringes any valid intellectual property right. This indemnification is subject to the Limitation of Liability section above.

Confidentiality

• Each party agrees to keep confidential all non-public information disclosed by the other party in connection with these Terms, including but not limited to infrastructure credentials, business data, pricing, technical documentation, and proprietary processes.
• Exicube will treat all client-provided account credentials (app store accounts, payment gateway keys) with the same level of care as its own confidential information and will not disclose them to unauthorised third parties.
• Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed without use of confidential information; or (d) is required to be disclosed by law or valid court order.
• Confidentiality obligations survive termination of these Terms for a period of 3 years.

Force Majeure

Exicube App Solutions (OPC) Private Limited will not be liable for failure to perform obligations due to circumstances beyond our control, including but not limited to natural disasters, government actions, internet or infrastructure outages, pandemics, or acts of war.

Age Requirement

Our services are not intended for individuals under 18 years of age. You must be at least 18 years old to use the services on Exicube.com or to enter into a subscription agreement with Exicube.

Cookies

The Exicube website sets no cookies of its own. Our Privacy Policy explains what the website keeps in your browser, and when.

Prohibited Uses

• Users shall not use the platform to engage in activities such as fraud, infringement of intellectual property rights, or any unlawful conduct.
• You shall not use the platform for competitive analysis, benchmarking, or to develop a competing product or service.
• You shall not provide access to the platform to any third party for the purpose of competing with Exicube's services.

User Content

• Users may be allowed to post content on the website. You retain ownership of any content you post. By posting, you grant Exicube App Solutions (OPC) Private Limited a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content solely for the purpose of providing and improving our services.
• This license terminates with respect to specific content when you delete it, or upon termination of your account, except where the content has been shared with others who have not deleted it, or where retention is reasonably necessary for legal compliance.
• You agree not to post any content that is unlawful, harmful, defamatory, or infringes on intellectual property rights.

Dispute Resolution

• Negotiation: The parties shall first attempt to resolve any dispute arising out of or in connection with these Terms through good faith negotiation for a period of 30 days from written notice of the dispute.
• Mediation: If negotiation fails, the parties shall attempt to resolve the dispute through mediation before a mutually agreed mediator.
• Arbitration: If mediation fails, the dispute shall be submitted to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English, and the seat of arbitration shall be Kolkata, West Bengal, India. This applies to all clients regardless of location.
• Notwithstanding the above, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm, including but not limited to intellectual property infringement.

Survival

The following sections shall survive termination or expiry of these Terms: Intellectual Property, License Grant & Restrictions (termination provisions), App Store Accounts & Client Responsibilities (post-termination obligations), Confidentiality, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and any accrued payment obligations.

Changes to Terms

Exicube may update these Terms at any time. We will notify you of material changes via email at least 30 days before they take effect. Continued use constitutes acceptance of the revised Terms.

Governing Law

These Terms & Conditions are governed by the laws of India. Subject to the Dispute Resolution section above, any disputes not resolved through arbitration will be subject to the exclusive jurisdiction of the courts located in Kolkata, West Bengal, India, under the legal entity Exicube App Solutions (OPC) Private Limited.

Regulatory Compliance & Licensing

• Your Responsibility: You are solely responsible for obtaining and maintaining all required licences, permits, registrations, and insurance necessary to operate a transportation, delivery, or marketplace business in your jurisdiction. This includes, but is not limited to: taxi or transport operator licences, commercial vehicle permits, driver background check requirements, commercial passenger insurance, food safety certifications (for delivery services), and marketplace operator registrations.
• Technology Provider Only: Exicube provides technology platform services. Exicube does not provide legal, regulatory, or compliance advice. Exicube makes no representation that the platform, as configured, will satisfy the regulatory requirements of any particular jurisdiction.
• Worker Classification: You are solely responsible for determining the correct legal classification of drivers, delivery personnel, or other workers using the platform (whether as employees, independent contractors, or otherwise) in accordance with the laws of your operating jurisdiction. The platform supports configurable workflows and does not mandate any particular worker classification model. Exicube is not liable for any misclassification claims arising from your use of the platform.
• Algorithmic Transparency: Certain features of the platform (including dispatch scoring, surge pricing algorithms, and driver performance metrics) may be subject to regulatory scrutiny in some jurisdictions. You are responsible for ensuring that your use of these features complies with local regulations regarding algorithmic decision-making, pricing transparency, and worker rights.

Contact Information

For inquiries, contact us at: [email protected]

Exicube.com is owned and operated by Exicube App Solutions (OPC) Private Limited.

Registered Office:
3, Sreenagar, Madhyamgram
Kolkata, West Bengal – 700129
India

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Assignment

You may not assign or transfer these Terms or any rights or obligations herein without our prior written consent. Exicube App Solutions (OPC) Private Limited may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of its assets, provided the assignee agrees to be bound by these Terms.

Entire Agreement

These Terms, together with the Privacy Policy, Data Processing Agreement, Refund & Cancellation Policy, and any other policies referenced herein, constitute the entire agreement between you and Exicube App Solutions (OPC) Private Limited regarding the subject matter hereof and supersede all prior or contemporaneous agreements, representations, and understandings.