Terms & Conditions
By downloading or using the app, these terms will automatically apply to you — you should make sure therefore that you read them carefully before using the app. You're not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You're not allowed to attempt to extract the source code of the app, and you also shouldn't try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Xobuya.
Xobuya is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you're paying for.
Data & Security
The Xobuya app stores and processes personal data that you have provided to us, in order to provide our Service. It's your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and it could mean that the Xobuya app won't work properly or at all.
Connectivity
You should be aware that there are certain things that Xobuya will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Xobuya cannot take responsibility for the app not working at full functionality if you don't have access to Wi-Fi, and you don't have any of your data allowance left.
If you're using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you're accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you're using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Liability
Along the same lines, Xobuya cannot always take responsibility for the way you use the app i.e. you need to make sure that your device stays charged — if it runs out of battery and you can't turn it on to avail the Service, Xobuya cannot accept responsibility.
With respect to Xobuya's responsibility for your use of the app, when you're using the app, it's important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Xobuya accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
Limitation of Liability
To the maximum extent permitted by law (including the Australian Consumer Law), Xobuya's total aggregate liability to you for any claim arising out of or in connection with these Terms or your use of the Platform — whether in contract, tort (including negligence), or otherwise — is limited to the total subscription fees paid by you in the 12-month period immediately preceding the event giving rise to the claim.
Exclusion of Consequential Loss
To the maximum extent permitted by law, Xobuya is not liable for any indirect, incidental, special, or consequential loss or damage of any kind, including loss of profits, loss of revenue, loss of data, loss of business, or loss of opportunity, arising out of or in connection with your use of the Platform or these Terms, even if Xobuya has been advised of the possibility of such loss.
AI-Generated Output
AI Quote Builder: The Service includes an AI-assisted quoting feature ("AI Quote Builder") that generates indicative pricing proposals, quotes, and recommendations based on inputs provided by you or your authorised users. All outputs generated by the AI Quote Builder are indicative estimates only and are not warranted by Xobuya for accuracy, completeness, or fitness for any particular purpose. AI-generated outputs may contain errors or omissions and must not be relied upon as the sole basis for any commercial decision or transaction. The AI Quote Builder is a decision-support tool only and does not replace the professional judgment of you or your staff. For the avoidance of doubt, Xobuya has no liability arising from your reliance on AI-generated outputs, and such outputs are subject to the exclusions and limitations of liability set out in these Terms.
Obligation to Verify: You are solely responsible for independently verifying the accuracy of all AI-generated outputs, including pricing calculations, measurements, and product specifications, before presenting them to any third party or using them as the basis for any commercial transaction. This obligation applies with equal force to any pilot features (as notified by Xobuya from time to time) which may generate AI-assisted outputs prior to general release.
Obligation to Verify Platform Output
Where you use the Platform to generate quotes, pricing calculations, or other output for presentation to your customers, you are solely responsible for independently verifying the accuracy of all pricing calculations, measurements, and product specifications before presenting them to any customer; identifying and correcting any errors in data you have entered into the Platform; conducting any required physical check measure before finalising an order; and any loss suffered by you or your customers arising from output you have not adequately verified. Xobuya accepts no liability for any loss suffered by you or any third party arising from your failure to verify Platform output before relying on it.
Pilot Program Features
From time to time, Xobuya may invite certain Subscribers to participate in a pilot program to access and test features that have not yet been made generally available (Pilot Features). Participation is by invitation only. By accessing any Pilot Feature, you acknowledge and agree that Pilot Features are pre-release and may be incomplete, contain errors, or behave unexpectedly — they are provided strictly on an 'as is, as available' basis with no warranty of any kind; Pilot Features may be changed, suspended, or withdrawn by Xobuya at any time and without notice; the risk of using Pilot Features — including any errors in pricing calculations, quoting output, or AI-generated output — is borne entirely by you; and you must apply a higher standard of independent verification to any output generated by a Pilot Feature before relying on it or presenting it to any customer. Xobuya's liability for any loss arising from your use of a Pilot Feature remains subject to the limitation of liability set out above. Xobuya may designate a feature as a Pilot Feature by notifying you in-app, by email, or within the feature itself. Your continued use of the feature after such notification constitutes your acceptance of these pilot terms.
Updates & Termination
At some point, we may wish to update the app. The app is currently available on iOS and Android — the requirements for these systems (and for any additional systems we decide to extend the availability of the app to) may change, and you'll need to download the updates if you want to keep using the app. Xobuya does not promise that it will always update the app so that it is relevant to you and/or works with the version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Changes to These Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
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