Effective From: 1st November 2024

1. INTRODUCTION

The Terms of Services ("Agreement" “Terms”) governs the use of the software platform by name Fexo (“Service”) provided by Fexo GenAI Technologies Private Limited (“Fexo” “Company” “we” “us” “our”) to you (“Customer” “User” “your” “you”).

By accessing or using the Service, you agree to these Terms.

2. ACCEPTANCE OF TERMS OF SERVICES

By creating and registering an account on Services’ website, located at www.fexo.io ("Website") or any subdomains, like app.fexo.io ("Website"), and mutually executing one or more order forms referencing these terms (each, an "Order"), or by accessing or using the Service in any manner, you hereby agree to be bound by these terms. This Agreement, together with all order forms, constitutes the entire understanding between the parties, to the exclusion of all other terms. You affirm that (A) you are at least 18 years of age; (B) you have the authority to enter into this agreement; and (C) if entering into this agreement on behalf of an organization or entity, you have the authority to bind such entity and its affiliates to these terms. In such cases, the terms "Customer," "You," and "Your" shall refer to the entity and its affiliates. If you lack such authority or disagree with the terms of this agreement, you are not permitted to use or access the services in any manner. Acceptance, if the terms are considered an offer, is expressly limited to such terms.

3. SERVICE & LICENSE

3.1 Services. Fexo provides Services to its Customers, located at its Website, fully described under an applicable "Order" (as defined under Section 3.4). Fexo will use commercially reasonable efforts to make the Services on its Website available to the Customer, subject to receipt of the applicable Fees (as detailed under an Order).

3.2 License to Fexo Services. Fexo grants the Customer a limited, non-exclusive, non-sub-licensable, non-transferable, non-assignable right to access and use the Website for the Term (as defined under Section 8.1), solely for internal business purposes and in compliance with any additional limitations specified under an applicable Order.

3.3 On-Premise Deployment. If Customer accesses the Website through an on-premises deployment, the right to access such service is limited to the time period mentioned in the applicable Order. Use of the Services through such deployment is limited, non-exclusive, non-sub-licensable, non-transferable, and non-assignable. Upon the lapse of the applicable Service duration, Customer must destroy and permanently delete all Fexo data from their premises. Fexo retains the right to inspect and audit customer's servers for Fexo usage data and any violation of the limited license for one year after the lapse of the applicable Service duration. Unauthorized consumption of additional licenses without prior payment constitutes a material breach, remediable only by pro-rata payment to Fexo.

3.4 Order. For the purposes of this Agreement, an "Order" is defined as an order form or other similar document (including but not limited to an online order form) that details the Services being provided hereunder and the applicable Fees to be paid by the Customer to Fexo. The Order may also provide details regarding the service level terms (if any). In the event of a conflict between the Order and the Terms of Service, the Order will prevail.

3.5 Trials. If Customer accesses the Service on a trial basis, use is limited to specified service levels, and the trial is provided "as-is" without indemnification, support, or warranties.

3.6 No-Fee Access. If Customer uses the Service on a no-fee basis (Limited Use), use is subject to specified service levels, and the Limited Use is provided "as-is" without indemnification, support, or warranties.

3.7 Support Services. Fexo may provide Support Services subject to additional Fees detailed in an applicable Order.

3.8 Service Suspension. Fexo may suspend Customer's access to the Services for security reasons, insolvency, breach of the Agreement, or failure to pay Fees.

4. RESTRICTIONS & RESERVATIONS

4.1 Restrictions. Customers agree to use the Services in compliance with applicable laws, including data protection and privacy laws. Customers must not alter proprietary notices, reverse engineer, or allow third-party access.

4.2 Reservation. The Services are provided under license, and nothing grants ownership rights. Fexo and its licensors retain all rights, title, and interest in the Services, except as expressly granted in this Agreement.

5. PROPRIETARY RIGHTS

5.1 Ownership. Fexo retains all rights, title, and interest, whether pre-existing or otherwise, in and to the Services, as well as any software, products, works, or other intellectual property created, used, provided, or made available by Fexo under or in connection with the Services pursuant to this Agreement. Additionally, Fexo is the owner of the "Service Software" embedded in the Services. For the purpose of this Agreement, "Service Software" encompasses any Fexo or third-party software code, computer program, documentation, new versions, updates, enhancements, upgrades, revisions, improvements, and modifications of the foregoing that Fexo has embedded into the Services. This proprietary Service Software is owned by Fexo and is provided to the Customer under this Agreement. The Customer acknowledges that Fexo holds all rights related to the Service Software. Subject to the terms and conditions of this Agreement, including the receipt of all applicable fees, Fexo grants the Customer a limited, non-exclusive, non-transferable, non-assignable, and non-sub-licensable license to run such Service Software solely as necessary to make use of the Services.

5.2 Restrictions. The Customer agrees not to: (a) exceed the scope of the licenses granted in Section 5.1; (b) make copies of the Service Software; (c) distribute, sublicense, assign, delegate, rent, lease, sell, time-share, or otherwise transfer the benefits of, use under, or rights to the license granted in Section 3.2 and Section 5.1; (d) reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or algorithms underlying the software, except to the extent required to be permitted under applicable law; (e) modify, translate, or create derivative works of the Service Software; (f) remove any copyright, trademark, patent, or other proprietary notice that appears on the Service Software or copies thereof; or (g) combine or distribute any of the Service Software with any third-party software that is licensed under terms requiring the provision of software (or any associated intellectual property rights) in source code form (e.g., as "open source"), licensed to others to allow the creation or distribution of derivative works, or distributed without charge.

5.3 Feedback. Customer may provide suggestions, comments, or other feedback to Fexo regarding the Services ("Feedback"). Customer grants Fexo a nonexclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.

5.4 Disclaimer. Nothing in this Agreement will impair Fexo's right to develop, acquire, license, market, promote, or distribute products, software, or technologies that perform the same or similar functions as, or otherwise compete with any products, software, or technologies that the Customer may develop, produce, market, or distribute.

6. DATA PRIVACY

6.1 Fexo Privacy Policy. Fexo's current Privacy Policy is accessible at the "Privacy Policy" (the "Privacy Policy"), and it is incorporated herein by reference. Please review the Privacy Policy to understand Fexo's information collection, usage, and disclosure practices with respect to information collected through the Services.

6.2 Customer Data. Customer Data is and shall remain the property of the Customer. For the purpose of this Agreement, "Customer Data" refers to any data, information, or other material provided, uploaded, or submitted by the Customer to the Service during the use of the Services. Customer, not Fexo, is solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Customer Data. Customer grants Fexo a non-exclusive, non-transferable, non-sub-licensable, worldwide, royalty-free license to use, collect, transfer, and process the Customer Data solely for providing the Services to the Customer under the terms of the applicable Order and this Agreement.

6.3 Derived Data. Customer understands and acknowledges that Fexo may generate "Derived Data" from the Customer Data. "Derived Data" refers to data submitted to, collected by, or generated by Fexo from the Customer Data in connection with the Customer's use of the Services. Customer agrees that Fexo may use Derived Data for its internal business purposes, including improving, testing, operating, promoting, and marketing Fexo's products and services.

6.4 Customer Responsibility. Customer is solely responsible for Customer Data, including but not limited to: (a) compliance with all applicable laws and this Agreement; (b) any claims related to Customer Data; (c) any claims that Customer Data infringes, misappropriates, or otherwise violates the rights of any third party; and (d) backing up and maintaining Customer Data.

6.5 GDPR Reference. If Fexo processes Customer's "Personal Data" under this Agreement, and such Personal Data is subject to the EU General Data Protection Regulation (GDPR), the Customer may require Fexo to enter into a Data Processing Agreement ("DPA"). Under such a DPA, Fexo shall be the data "Processor," and the Customer shall be the data "Controller." The processing of Personal Data under this Agreement is subject to Fexo's DPA. The Customer may request to enter into the Fexo DPA in reference to the Services by sending a request to hello@fexo.io. All capitalized terms not defined under this Section 6.5 shall have the same meaning as ascribed to them under Article 4 of GDPR.

6.6 Fexo's Responsibility. Fexo will use commercially reasonable efforts to maintain the security and integrity of the Services and all Customer Data controlled by Fexo. Fexo is not responsible for unauthorized access to Customer Data or the unauthorized use of the Services unless such access is directly due to Fexo's gross negligence or willful misconduct. Customer is responsible for the use of the Services by any person to whom Customer has given access, even if Customer did not authorize such use. Fexo reserves the right to retain Customer Data for up to ninety (90) days following the termination or expiration of the corresponding Order. Thereafter, Customer agrees and acknowledges that Customer Data may be irretrievably deleted.

7. FEES, ORDERS, AND TAXES

7.1 Fees. Customer shall pay Fexo the fees as set forth in each applicable Order(s) (collectively, the "Fees"). Customer acknowledges that it has no right to return the Services, and all Fees are non-refundable. If Fexo is required to initiate legal action due to non-payment of fees, Customer shall bear all costs resulting from the collection of such fees.

7.2 Additional Services. Customer may place Orders for additional Services or extend the term of existing Services by specifying order details in an Order form agreed to in writing by the parties, referencing the terms and conditions of this Agreement.

7.3 Taxes. If Fexo has the legal obligation under applicable law to pay or collect taxes for which the Customer is responsible, the appropriate amount shall be invoiced to and paid by the Customer. This includes but is not limited to sales, use, transfer, privilege, excise, and all other taxes and duties imposed by reason of Fexo's performance.

8. TERM AND TERMINATION

8.1 Duration. This Agreement becomes effective on the "Effective Date" and remains in force until the conclusion of the term specified in the last Order (the "Term"), unless earlier terminated as outlined in Section 8. The Effective Date refers to when the Customer enters into this Agreement, signs an Order, or commences the use of our Services during the Trial. Each Order will automatically renew at the end of its term, unless either party provides written notice of non-renewal before the current term concludes.

8.2 Termination for Breach. Either party may terminate this Agreement or specific Orders: (a) if the other party materially breaches the Agreement, with a 30-day notice for remediable breaches, or immediate notice for non-remediable breaches; or (b) if Fexo, with written notice, determines that Customer has made attempts to assign for the benefit of creditors, compositions with creditors, or has actions or proceedings under bankruptcy or insolvency laws within an unresolved 60-day period.

8.3 Consequences of Termination. Upon expiration or termination, Customer must (i) cease Service use and (ii) return all Fexo Confidential Information, provided software, and related materials. Termination does not exempt Customer from the obligation to pay all Fees accrued before termination. If Fexo terminates under Section 8.2 (a), Customer must pay all Fees for the entire term specified in the corresponding Order(s).

8.4 Survival. Provisions in Sections 5.1 (Ownership), 8.3 (Consequences of Termination), 8.4 (Survival), 9 (Confidentiality), 10.1 (Customer Indemnification), 12 (Limitation of Liability), and 14 (Miscellaneous) persist after Agreement termination.

9. CONFIDENTIALITY

During this Agreement's term, both parties may share confidential and proprietary materials and information ("Confidential Information"). Any information identified as "Confidential" or similar, and information the receiving party should reasonably know is the disclosing party's Confidential Information, is considered Confidential Information. The Agreement itself and all pricing terms fall under Fexo Confidential Information. The receiving party must maintain confidentiality, not disclose to third parties without written consent, and use the information internally for agreed-upon purposes. Exceptions include information publicly available without breach, independently developed, disclosed by a third party without restrictions, or lawfully possessed by the receiving party before disclosure. The receiving party may disclose Confidential Information under legal requirements, with prompt written notice to the disclosing party.

10. INDEMNIFICATION

10.1 Customer's Indemnification. Customer will defend, indemnify, and hold Fexo, its affiliates, suppliers, and licensors, along with their officers, directors, employees, and representatives, harmless from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) related to: (a) Customer Data; (b) breach of this Agreement or violation of applicable law by Customer; or (c) alleged infringement or misappropriation of third-party intellectual property rights resulting from Customer Data or caused by the Customer.

10.2 Fexo' Indemnification. Fexo will defend, indemnify, and hold Customer harmless from third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from claims that Customer's use of the Service directly infringes or misappropriates a third party's intellectual property rights ("Infringement Claim"). Fexo has no obligation for Infringement Claims arising from: (a) combining Customer Data with the Service; (b) combining third-party products or services (excluding Fexo-provided) with the Service; or (c) non-discretionary designs or specifications provided by Customer causing the Infringement Claim. Customer must reimburse Fexo for damages, losses, costs, and expenses due to the mentioned actions.

10.3 Claim Notice and Indemnity Procedure. In seeking indemnity, the Indemnified Party must (a) notify the indemnifying party in writing within 30 days of a claim, providing necessary information for evaluation, and (b) allow the indemnifying party to control the defense, including choosing counsel. Cooperation is required. The indemnifying party has no obligation for losses, damages, or settlements incurred by the Indemnified Party without prior written consent. This Section constitutes the complete understanding of the parties regarding liability, including Infringement Claims, and indemnification.

11. WARRANTY

11.1 Service Warranty. The Services, used as specified in this Agreement and in compliance with applicable specifications, will perform the functions described in the corresponding Order ("Specification") in all material respects throughout the Order's term.

11.2 Remedies. Customer must report any breach of the warranty in Section 11.1 to Fexo. In case of a breach by Fexo, Customer's exclusive remedy and Fexo's sole liability is the prompt correction of material non-conformance to minimize adverse effects on Customer's business.

11.3 No Implied Warranties. Fexo does not guarantee uninterrupted or error-free Service operation, or compatibility with external hardware, software, systems, or data not provided by Fexo. Except for Section 11.1, Fexo excludes all other express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, satisfactory quality, or non-infringement.

12. Disclaimer and Limitation of Liability

12.1 Fexo is a Decision-Support Tool. Customer acknowledges that the Fexo platform and the services it provides are designed to be a decision-support tool. The platform automates the collation, extraction, and analysis of data from documents you provide. The reports, summaries, risk flags, and recommendations generated by the platform are for informational purposes only and are intended to assist your expert human review. The Fexo platform does not make final decisions. The ultimate responsibility for any business decision (such as approving a loan, paying a claim, or entering into a contract) rests solely with you and your authorized personnel.


12.2 Accuracy of Information and "As Is" Service. While Fexo utilizes AI to ensure the highest possible accuracy in data extraction, triangulation, and analysis, we do not guarantee that the output will be 100% free of errors, omissions, or inaccuracies. The quality of the platform's output is inherently dependent on the quality, clarity, and legibility of the documents Customer uploads. The service is provided on an "as is" and "as available" basis. Fexo makes no warranties, express or implied, regarding the completeness, accuracy, reliability, or suitability of the information generated by the platform for any particular purpose.


12.3 User Responsibility for Verification. Customer and its users are solely responsible for reviewing and independently verifying all information and analysis generated by the Fexo platform before taking any action or making any decision based on that output. You agree that you will not rely on the platform's output as a sole basis for any financial, operational, or legal commitment.


12.4 No Professional Advice. The output generated by the Fexo platform does not constitute financial, investment, legal, accounting, or any other form of professional advice. It is a technology-driven synthesis of the data Customer provides and should not be interpreted as a recommendation or endorsement from Fexo.


12.5 Limitation of Liability. To the fullest extent permitted by law, Fexo, its affiliates, directors, and employees shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Fexo has been advised of the possibility of such damages), resulting from:

  • The use or the inability to use the service;
  • Any decision made or action taken in reliance on the information generated by the service;
  • The cost of procurement of substitute goods and services;
  • Any unauthorized access to or alteration of your transmissions or data.
In any event, Fexo's total aggregate liability to Customer for all claims arising out of or relating to the use of the service is limited to the amount Customer has paid to Fexo for the service in the one (1) month preceding the claim.

13. Advertising and Publicity

Subject to applicable Proprietary Rights, Data Privacy and Confidentiality obligations, either Party may reference the other’s name, logo, or credentials to identify their business relationship in marketing materials, case studies, presentations, press releases, websites, or other public communications, provided such use is accurate, professional, and not harmful to the other Party’s reputation.

Each Party grants the other a non-exclusive, royalty-free, worldwide license for such limited use and may request, in writing, that any specific reference be discontinued, which the other Party shall honor within a reasonable time.

14. MISCELLANEOUS

14.1 Export Control. Customer certifies compliance with current Indian Export Control laws and agrees to indemnify Fexo for any liability resulting from Customer's violation of Indian Export Control laws.

14.2 Compliance with Laws. Customer must comply with all applicable laws and regulations when using any Service. Customer agrees to defend, indemnify, and hold Fexo harmless from claims, losses, liabilities, damages, judgments, and costs arising from any third-party claim of Customer's violation of privacy laws or regulations.

14.3 Assignment. Neither party can transfer rights and obligations under this Agreement without the other party's written consent. However, Fexo may transfer its rights under this Agreement without consent in cases of a change in control, acquisition, or substantial asset sale.

14.4 Force Majeure. Neither party is responsible for performance failure or delay due to events beyond reasonable control, constituting a Force Majeure. If a Force Majeure lasts over 30 days, either party may terminate the agreement with written notice.

14.5 Independent Contractor. Both parties acknowledge that Fexo operates as an independent contractor. This Agreement does not create any agency, partnership, joint venture, or employment relationship. The Customer lacks the authority to bind Fexo in any manner.

14.6 Governing Law. This Agreement is exclusively governed and construed according to the laws of the Republic of India, without considering conflict of law provisions. Disputes arising from or related to this Agreement, excluding those subject to Section 14.8 (Binding Arbitration), shall be exclusively adjudicated by the courts of the city of Bengaluru located in the state of Karnataka in India. Both parties consent to the jurisdiction of these courts and waive any right to challenge their appropriateness, whether based on the doctrine of forum non conveniens or otherwise. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement or any Orders issued under it.

14.7 Binding Arbitration. Any unresolved dispute or claim arising from this Agreement, except as otherwise provided or for intellectual property disputes seeking provisional or equitable remedies, will undergo mandatory and binding arbitration. The dispute shall be referred to and finally resolved by arbitration presided over by a mutually appointed sole arbitrator. The proceedings shall be conducted as per the Arbitration and Conciliation Act, 1996 and the rules framed thereunder with its seat and venue in Bengaluru, Karnataka, India. The language and award of the arbitration shall be English. The decision of the arbitrator shall be final and binding upon the Parties, and judgment may be entered in any court with jurisdiction. Limited discovery is allowed before the arbitration hearing, covering interrogatories, admissions, exchange of witness lists and documents, and depositions of all party witnesses. Depositions adhere to the Arbitration and Conciliation Act, 1996, and the arbitrator must provide a written basis for the award or order. All hearings are recorded by a court reporter, constituting the official transcript.

14.8 Marketing. Customer grants Fexo permission to identify them as a Fexo’s Customer, using their name, mark, and/or logo on Fexo's website and marketing materials related to the Customer's use of the Service.

14.9 Entire Agreement. This Agreement constitutes the comprehensive and exclusive understanding between the parties, superseding all prior written or oral agreements, communications, and understandings related to its subject matter. Any waivers or modifications must be in writing and signed by both parties, unless otherwise provided herein. If any term or provision of this Agreement is illegal or unenforceable, it will be interpreted to the fullest extent possible to be valid, with the validity or enforceability of the remaining terms unaffected. In case of a conflict between this Agreement and the Order document, the terms of this Agreement shall prevail, except for expressly modified terms in any Order regarding that specific Order.

14.10 Notice. Written notices between parties can be personally delivered, sent by registered courier services or certified mail (return receipt) to hello@fexo.io

If you do not agree to the Terms, we request that you stop using the Services immediately. As long as you continue to use the Services, you are bound by the Terms mentioned here.


Effective Date: 1st November 2024

1. Overview.

Fexo GenAI Technologies Private Limited ("Fexo" “Company” "we" "us" "our") is committed to protecting the privacy and security of your (“Customer” “User” “your” “you”) information. This Privacy Statement explains how we collect, use, disclose, and safeguard your data when you use the software platform by name Fexo (“Service”).

We are dedicated to safeguarding your personal information and respecting your privacy rights. If you have any inquiries or concerns regarding this privacy notice or how we handle your personal information, please reach out to us at hello@fexo.io.

When you explore our website at www.fexo.io or more broadly any subdomains, such as app.fexo.io and utilize any of our Services, encompassing the Website, you entrust us with your personal information. We treat your privacy with the utmost seriousness. In this privacy notice, we aim to clarify what information we gather, how we use it, and the rights you possess concerning it. We encourage you to read it thoroughly, as it holds significance.

This privacy policy covers all information collected through our Services, as outlined above (encompassing our Website), as well as any associated services, sales, marketing, or events. Kindly review this privacy notice carefully, as it provides insights into how we handle the information we gather.

By using the Services, including from the Website, you agree to the terms outlined in this Privacy Statement.

2. Information we collect.

2.1 Personal Information. We gather personal information that you disclose to us voluntarily.

This occurs when you register on the Website, express interest in learning more about us or our products and services, engage in Website activities, or contact us directly. The personal information collected depends on your interactions, choices, and use of products and features. Examples of such information include names, phone numbers, email addresses, mailing addresses, job titles, usernames, passwords, contact preferences, authentication data, and similar details. Additionally, we may collect data necessary to process your payment if you make purchases, such as your payment instrument details (like credit or debit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processors. You may review their privacy policies at their website.

All personal information that you provide to us must be true and accurate, and you must notify us of any changes to such personal information.

2.2 Information collected by the Website.

Certain information, such as your Internet Protocol (IP) address, browser, and device characteristics, is automatically gathered when you visit our Website. This data, collectively known as device and usage information, does not disclose your specific identity, including personal details like your name or contact information. It encompasses details like IP address, browser and device specifications, operating system, language preferences, referring URLs, device name, country, location, and technical information related to your interaction with our Website.

This information is crucial for maintaining the security and functionality of our Website, as well as for internal analytics and reporting purposes. Similar to many businesses, we employ cookies and comparable technologies to collect this data.

The collected information also includes log and usage data, which encompasses service-related, diagnostic, usage, and performance details automatically recorded by our servers. Depending on your interactions, this may involve IP address, device information, browser type and settings, and specifics about your Website activity. Device data, such as information about the device you use, is also collected, covering details like IP address, device identification numbers, location, browser type, hardware model, Internet service provider, and operating system information.

Furthermore, location data is gathered to understand your device's location, either precisely or imprecisely, depending on your device type and settings. Techniques like GPS may be used for geolocation data based on your IP address. You have the option to decline this information collection by denying access or disabling the Location setting on your device. It's important to note that opting out may limit your ability to use certain aspects of the Services.

2.3 Information collected from external sources.

To improve our ability to deliver relevant marketing, offers, and services tailored to you, as well as to maintain accurate records, we may gather information from various sources, including public databases, joint marketing partners, affiliate programs, data providers, and social media platforms. This information may encompass mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol (IP) addresses, social media profiles, social media URLs, and custom profiles, all utilized for targeted advertising and event promotion purposes. Should you engage with us via a social media platform using your account credentials (e.g., Facebook or Twitter), we may receive personal details such as your name, email address, and gender. However, the collection of any personal information from your social media account is contingent upon your privacy settings on said platform.

3. How we utilize the collected information.

We process your information for various purposes grounded in legitimate business interests, fulfilling contractual obligations, complying with legal requirements, and/or obtaining your consent.

The personal information collected through our Website serves several business objectives, and we process it based on our legitimate business interests, contractual necessity, consent, and legal obligations. The specific grounds for processing are indicated next to each purpose outlined below:



  • Facilitate Account Creation and Logon Process: If you opt to link your account with us to a third-party account (such as Google or Facebook), we use information obtained from those third parties to streamline the account creation and logon process as part of our contractual performance.
  • Post Testimonials: Testimonials containing personal information are posted on our Website. Before posting, we secure your consent to use your name and testimonial content. To update or delete your testimonial, please contact us at hello@fexo.io, providing your name, testimonial location, and contact information.
  • Request Feedback: Your information may be used to request feedback and contact you regarding your Website usage.
  • Enable User-to-User Communications: Information may be utilized to facilitate user-to-user communications with individual consent.
  • Manage User Accounts: Information is employed for managing our accounts and ensuring their proper functionality.
  • Send Administrative Information: Personal information may be used to send product, service, and new feature information, as well as updates to our terms, conditions, and policies.
  • Protect Our Services: Information is utilized in efforts to maintain the safety and security of our Website, including fraud monitoring and prevention.
  • Enforce Terms, Conditions, and Policies: Information may be processed for business purposes, legal and regulatory compliance, or in connection with our contractual obligations.
  • Respond to Legal Requests and Prevent Harm: In case of legal / regulatory request, we may inspect held data to determine an appropriate response.
  • Fulfill and Manage Orders: Information is employed to fulfill and manage orders, payments, returns, and exchanges made through the Website.
  • Deliver and Facilitate Service Delivery: Information is used to provide the requested service to users.
  • Respond to User Inquiries/Offer Support: Information may be used to address user inquiries and provide support for any issues related to our Services.
  • Send Marketing and Promotional Communications: Personal information may be used for marketing purposes in accordance with your preferences, and you can opt-out at any time.
  • Administer loyalty benefits: Information is utilized to administer offers from competitions, prize draws and other loyalty benefits for participants.
  • Deliver Targeted Advertising: Information is utilized to create and display personalized content and advertising tailored to user interests and/or location, measuring its effectiveness. We may collaborate with third parties for these purposes.

4. Will the collected information be shared with anyone?

We only share your information under specific circumstances, including with your consent, to comply with laws, to provide services, to protect your rights, or to fulfill business obligations. The legal bases for processing or sharing your data include:

  • Consent: We may process your data if you have provided explicit consent for a specific purpose.
  • Legitimate Interests: Data may be processed when necessary to achieve our legitimate business interests.
  • Performance of a Contract: If a contract is in place, we process personal information to fulfill its terms.
  • Legal Obligations: Information may be disclosed to comply with applicable laws, governmental requests, court orders, or legal processes, such as responding to a subpoena.
  • Vital Interests: Data may be disclosed when necessary to investigate, prevent, or take action regarding potential policy violations, fraud, threats to safety, illegal activities, or as evidence in litigation.

Situations where data processing or sharing may occur include, but not limited, to the below:


  • Business Transfers: Information may be shared during negotiations or in connection with a merger, sale of assets, financing, or acquisition of our business.
  • Vendors, Consultants, and Third-Party Service Providers: Data may be shared with entities providing services on our behalf, such as payment processing, data analysis, and marketing. Selected third parties may use tracking technology on the Website for analytics and understanding online activity.
  • Affiliates: Information may be shared with our affiliates, including our parent company, subsidiaries, or companies under common control.
  • Business Partners: Data may be shared with business partners for offering specific products, services, or promotions.

We only share information with specific third parties, categorized based on the purpose of data collection and processing. If your data was processed based on consent, and you want to revoke it, contact us on hello@fexo.io.


5. Do we use cookies and other tracking technologies?

We may employ cookies and similar tracking technologies to collect and store information. Details on their usage and how to refuse certain cookies are outlined in our Cookie Notice. We use cookies and similar technologies to enhance your experience, analyze usage patterns, and personalize content.


6. How do we protect your information with us?

We aim to protect your personal information through a system of organizational and technical security measures. We utilize industry-standard security measures to safeguard your data from unauthorized access, disclosure, alteration, and destruction. These measures include but are not limited to encryption protocols, firewalls, secure server infrastructure, access controls, regular security audits and access controls. By implementing these robust security practices, we strive to maintain the confidentiality, integrity, and availability of your data.

While we implement safeguards and make every effort to secure your information, it's important to note that no electronic transmission over the Internet or storage technology can be guaranteed to be completely secure. As such, we cannot ensure or warrant that hackers, cybercriminals, or other unauthorized third parties will not circumvent our security measures to improperly collect, access, steal, or modify your information. While we are committed to protecting your personal information to the best of our ability. As such, we advise accessing the Website only within a secure environment.

7. Is your information transferred outside your country?

We may transfer, store, and process your information in countries other than your own. Our servers are located in India, the United States, the EU and the Middle East. Please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information, in and other countries. For further clarifications, if any, reach out to us on the contact details mentioned in this page.


8. How long do we keep the information?

We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law. We will retain your personal information only for as long as it is necessary to fulfill the purposes outlined in this privacy notice, unless a longer retention period is mandated or allowed by law (such as for tax, accounting, or other legal obligations). Once we no longer have a legitimate business need to process your personal information, we will either delete or anonymize it. If deletion or anonymization is not feasible (for instance, due to storage in backup archives), we will securely store your personal information and restrict it from further processing until deletion becomes feasible.


9. Your privacy choices.

We understand the importance of providing you with control over your personal information. Therefore, you have the following options to manage your account information and communication preferences:


  • Update Your Account Information: You have the ability to review and update your account details, such as your name, email address, and contact information, by accessing your profile/account settings.
  • Manage Communication Preferences: You can choose the types of communications you receive from us and how you prefer to receive them. This includes opting in or out of promotional emails, newsletters, and other marketing communications.
  • Opt-Out of Promotional Communications: If you no longer wish to receive promotional communications from us, you have the option to unsubscribe by following the instructions provided in our emails or by contacting us directly.

We respect your choices and will honor the requests you make regarding the use and disclosure of your personal information for marketing purposes.

You can contact us on the contact details provided in this page.


10. Updates to this Privacy Statement.

We update this Privacy Statement periodically. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information. We will notify you of any material changes by posting the updated statement on our Website; send you a notification on the platform; send you a direct notification.


11. Notice.

Written notices between parties can be personally delivered, sent by registered courier services or certified mail (return receipt) to hello@fexo.io.

If you do not agree to our privacy policy, we request that you stop using the Services immediately. As long as you continue to use the Services, you are bound by the Privacy Statements mentioned here.

Effective Date: 1st November 2024

Fexo presently relies on third-party subprocessors to deliver essential infrastructure services and customer support. Before involving any third-party subprocessor, Fexo assesses their privacy, security, and confidentiality protocols and formalizes an agreement to enforce relevant obligations.

Fexo engages with the following subprocessors to host data, provide support and for other accessory services on Fexo.

Subprocessor Name Purpose
Google Analytics Analytics
Calendly Customer support services
Amazon Web Services Cloud infrastructure
Google Cloud Services Cloud infrastructure
Microsoft Azure Cloud infrastructure
OpenAI Parser
Tally Integration
Zoho Integration

Effective Date: 1st November 2024

Privacy and security form the bedrock of Fexo's approach to product development and business. We consistently assess all our practices to enhance the protection of your information. In alignment with this commitment, we adhere to the General Data Protection Regulation ("GDPR") and assist Fexo's customers in achieving GDPR compliance.

What is GDPR?
Effective May 25, 2018, the General Data Protection Regulation (GDPR) comes into force, expanding data privacy rights for European individuals and empowering them with greater control over their data. Companies handling the personal data of these European individuals are mandated to comply with a new set of relevant regulations.

The GDPR stipulates specific requirements for these companies to meet, and outlines the rights that European individuals can exercise. For more details on the GDPR, refer to the European Union’s official website: https://ec.europa.eu/info/law/law-topic/data-protection_en.

Features Supporting GDPR Requirements: Fexo offers functionalities to assist you in fulfilling your data portability requirements under the GDPR. You can effortlessly request the permanent deletion of all your data by sending an email to hello@fexo.io.

If you have further questions, please reach out to hello@fexo.io.

Effective Date: 1st November 2024

Fexo places utmost importance on safeguarding customer data. This security policy outlines the organizational and technical measures implemented on Fexo Websites to prevent unauthorized access, use, alteration, or disclosure of customer data. Unless specified otherwise, this policy pertains to Fexo activities within its instance on Amazon Web Services ("AWS"), Microsoft 365 and Azure (“MS”) and Google Play Services (“Google”). It is recommended to review our Terms of Service and Privacy Policy for a comprehensive understanding of Fexo practices.

Security Team

Our dedicated infrastructure and security team comprises individuals with significant experience in designing, building, and operating highly secure internet-facing systems across geographies and companies of varied sizes.

1. Best Practices


  • Incident Response Plan

    Fexo has instituted a formal procedure for security events, with all staff members educated on our policies. Detected security events are escalated to our emergency alias, triggering prompt response and resolution. Post-event, a comprehensive post-mortem analysis is conducted, reviewed across the company, and includes action items for future prevention.

    Fexo commits to notifying you promptly in writing upon verifying a security breach affecting your data. Further details about our incident response plan are available here.

  • Build Process Automation

    Functional and frequently used automation is in place for secure and reliable changes to our application and operating platform within minutes. With multiple code deployments daily, we ensure rapid deployment of security fixes when necessary.

2. Infrastructure


All Fexo services operate in the cloud, with no proprietary routers, load balancers, DNS servers, or physical servers. Hosted on AWS, MS and Google facilities, our services and data benefit from the security protocols of the respective cloud infrastructure provider. The details are mentioned on the appropriate websites of AWS, MS and Google. Disaster recovery considerations have been integral to our service architecture.

Our servers reside within a dedicated virtual private cloud (VPC) with network access control lists (ACLs) preventing unauthorized access to our internal network. Fexo employs backup solutions for datastores containing customer data.

3. Data

All customer data is stored in India within multi-tenant datastores. While individual datastores per customer are not maintained, robust privacy controls in our application code ensure data separation, with regular unit and integration tests validating their effectiveness. The configuration and patching of systems processing customer data align with industry-recognized hardening standards.

Certain subprocessors are engaged for processing customer data, listed here, subject to updates by Fexo.

4. Data Transfer

All data transmitted to or from the Fexo Website is encrypted in transit using 256-bit encryption. Our API and application endpoints operate exclusively on TLS/SSL, earning an "A+" rating on SSL Labs' tests. Additionally, industry-standard AES-256 encryption secures data at rest.

5. Authentication

Fexo is served entirely over HTTPS, with no corporate resources or additional privileges from being on Fexo's network. Two-factor authentication (2FA) and robust password policies on AWS, MS and Google enhance access protection to cloud services.

6. Permissions and Admin Controls

Fexo offers configurable permission levels for employees to access the Fexo Website, covering app settings, billing, user data, and messaging capabilities.

7. Security Audits and Certifications

Bi-annual engagements with third-party auditors assess our codebase, with SOC 2 Type II compliance and an attested SOC 2 Type II report. Information on AWS, MS and Google security certifications are accessible at their respective security websites.

All payment instrument processing is handled by Stripe, adhering to their security practices as mentioned on their website.

8. Customer Responsibilities

Customers are responsible for managing their user accounts and roles within Fexo Websites, ensuring account and credential protection through 2FA. Compliance with service agreements, including legal requirements, is imperative. Prompt notification to Fexo is essential in cases of compromised credentials or suspected security threats affecting services or accounts. Security penetration tests or assessments require Fexo' express advance written consent.

We can be reached at hello@fexo.io.

Effective Date: 1st November 2024

Fexo Websites utilize cookies to personalize your user experience and ensure uninterrupted services. By using this Website, certain information about your usage is automatically collected through cookies. It is advisable to read and make informed decisions regarding your use of this Website.

Understanding Cookies and Their Functions

In order to provide a tailored experience and remember your preferences, this Website's servers need to uniquely identify you. Cookies, small text files containing character strings, are placed on your device. Upon your next visit, these cookies are sent by your browser to our servers, enabling device identification and a customized response.

Types of Cookies Used

Fexo Website employs the following types of cookies:

  • Session Cookies: Temporary cookies created each time you use the website and deleted when your browser is closed. They remember your preferences as you navigate between pages.
  • Persistent Cookies: Help identify and recall your settings and preferences during each visit, ensuring faster and more convenient access. Personalization is enhanced, and repeated logins may be unnecessary.
  • Third-Party Cookies: Certain website components provided by third parties set cookies to facilitate their services. Refer to the third-party cookie policy for details.
Control and Management of Cookies

By using the Fexo Websites, you agree to the storage of cookies on your device. While you can manage cookies through various methods, some are essential for the Website's proper functioning. Adjusting cookie settings may impact specific features or render them unavailable.

Control cookies through your browser settings.

Updates to Cookie Policy

This Cookie Policy will undergo periodic updates, with the latest revision date mentioned above. Stay informed about how this Website's cookies are utilized by checking this policy regularly.

Effective Date: 1st November 2024

This Support Policy is to be read in conjunction with the Orders mentioned in the Terms of Service, and is available to you (“Customer”) upon acceptance of the Order.

Capitalized terms used in this SLA that are not defined herein have the meanings given to them in the Terms of Use (“Agreement”).

Fexo will use reasonable efforts to make the Service available with an uptime of 99.5% of each calendar month ("Target Availability").

Exclusions. The calculation of uptime will not include unavailability to the extent due to: (a) use of the Service by Customer in a manner not authorized in the Agreement or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of Fexo's reasonable control; (c) Customer's equipment, software, network connections or other infrastructure; (d) Subprocessors’ acts or omissions; or (e) Scheduled Maintenance or reasonable emergency maintenance.

Scheduled Maintenance. "Scheduled Maintenance" means Fexo's scheduled routine maintenance of the Services for which Fexo shall notify you at least twenty-four (24) hours in advance. Scheduled Maintenance will not exceed eight (8) hours per month. Fexo typically performs Scheduled Maintenance once per month.

Remedy for Failure to Meet Target Availability. If there is a verified failure of a Service to meet Target Availability in two (2) consecutive months, then Customer may terminate the applicable Order by sending written notice of termination within thirty (30) days after the end of the second such month. In such a case, Fexo will refund to the Customer, fees that the Customer would have prepaid for use of such Service for the terminated portion of the applicable Order. This termination and refund right is Customer's sole and exclusive remedy, and Fexo's sole and exclusive liability, for Fexo's failure to meet the Target Availability for the Service.