Terms & Conditions

Version 1.0.0

July 19, 2026

These Terms & Conditions (“Terms”) govern your access to and use of all products, services, software, hosting, websites, applications and platforms provided by Xarrvo (“Xarrvo”, “we”, “our” or “us”).

By creating an account, purchasing a product or service, accessing our website or otherwise using any Xarrvo service, you acknowledge that you have read, understood and agree to be legally bound by these Terms.

If you do not agree with these Terms, you must not access or use our products or services.

These Terms form a legally binding agreement between you and Xarrvo.

1. Definitions

For the purposes of these Terms:

Account means any account created to access or manage Xarrvo products or services.

Affiliate means an individual or business approved by Xarrvo to promote Xarrvo products or services in accordance with these Terms.

Customer means any individual, business or organisation that purchases or uses a Xarrvo product or service.

Platform means any website, customer portal, application, software, API, hosting environment or online system operated by Xarrvo.

Reseller means an individual or business authorised by Xarrvo to resell selected Xarrvo products or services.

Services means any product or service supplied by Xarrvo, including but not limited to:

Website Builder
Managed Hosting
Website Design
E-Commerce Solutions
Microsoft 365
Domain Registration
AI Features
Website Migration
Search Engine Optimisation (SEO)
Custom Software Development
Web Applications
Mobile Applications
Themes and Plugins
APIs and Integrations

2. Acceptance of these Terms

By using any Xarrvo product or service, you confirm that:

You are at least 18 years of age or otherwise have the legal capacity to enter into a legally binding agreement.
All information you provide to Xarrvo is accurate, current and complete.
You are authorised to act on behalf of any individual, business or organisation you represent.
You will comply with these Terms, all applicable laws and all policies published by Xarrvo.

If you purchase services on behalf of a company, partnership or other legal entity, you warrant that you have the authority to bind that entity to these Terms.

Continued use of any Xarrvo service constitutes ongoing acceptance of these Terms, including any amendments made in accordance with Section 10.

3. Related Policies

These Terms incorporate the following policies, each of which forms part of this agreement:

Refund Policy
Acceptable Use Policy
Hosting Policy
Microsoft 365 Policy
Cookie Policy
DMCA Policy
Privacy Policy

By using our services, you agree to comply with each of these policies as amended from time to time.

Where a conflict exists between these Terms and another Xarrvo policy, these Terms shall prevail unless expressly stated otherwise.

4. Our Services

Xarrvo provides a range of digital products and professional services, including but not limited to:

AI-powered Website Builder
Managed Website Hosting
Domain Registration
Website Design
E-Commerce Solutions
Microsoft 365
AI Features and Integrations
Custom Software Development
Web Applications
Mobile Applications
Search Engine Optimisation (SEO)
Website Migration
Themes and Plugins
APIs and Integrations
Other products or services made available through the Xarrvo platform from time to time.

Certain services may be provided directly by Xarrvo, while others rely upon trusted third-party providers.

Some services may also be subject to additional third-party terms, licences or acceptable use requirements.

5. Third-Party Providers

Many Xarrvo services rely upon third-party providers.

These providers may include, but are not limited to:

Cloud hosting providers
Domain registrars
Microsoft
Artificial Intelligence providers
Payment processors
Analytics providers
Security providers
CDN providers
DNS providers
Email providers
Cloud infrastructure providers

While Xarrvo carefully selects its providers, we do not own or control the infrastructure, availability or policies of third-party services.

Accordingly, Xarrvo is not responsible for interruptions, delays, outages, pricing changes, service discontinuation or other events arising from third-party providers.

6. Customer Accounts

Customers are responsible for maintaining the confidentiality and security of their account credentials.

You agree to:

Maintain accurate account information.
Keep your passwords secure.
Notify Xarrvo immediately of any suspected unauthorised access.
Ensure only authorised persons access your account.
Maintain accurate billing and contact information at all times.

You are responsible for all activity conducted through your account, whether authorised by you or not, unless required otherwise by applicable law.

7. Customer Responsibilities

When using our services, you agree to:

Provide accurate and truthful information.
Pay all invoices by their due date.
Maintain appropriate backups of your own data.
Comply with all applicable laws and regulations.
Comply with these Terms and all Xarrvo policies.
Respect the intellectual property rights of others.
Use services responsibly and in good faith.
Cooperate with reasonable requests relating to support, security or compliance investigations.

Failure to comply with these responsibilities may result in the restriction, suspension or termination of one or more services.

8. Service Availability

While Xarrvo strives to provide reliable, secure and uninterrupted services, no online platform can guarantee continuous availability.

Services may become unavailable due to circumstances including:

Scheduled maintenance.
Emergency maintenance.
Security incidents.
Software updates.
Infrastructure upgrades.
Hardware failures.
Network failures.
Internet disruptions.
Third-party outages.
Force majeure events.
Events beyond our reasonable control.

Temporary interruptions, degradation of performance or outages do not constitute a breach of these Terms.

9. Maintenance

To ensure the continued security, stability and performance of our platform, Xarrvo may perform maintenance, upgrades, migrations, infrastructure improvements or security updates at any time.

Maintenance may temporarily affect the availability or performance of some or all services.

Where reasonably practicable, advance notice of scheduled maintenance may be provided. Emergency maintenance may occur without notice where necessary to protect our systems, customers or infrastructure.

You acknowledge that maintenance is an essential part of operating a secure and reliable platform and agree that Xarrvo shall not be liable for any loss arising from scheduled or emergency maintenance.

10. Changes to these Terms

Xarrvo reserves the right to amend or update these Terms at any time.

Any changes become effective immediately upon publication on our website unless otherwise stated.

Your continued use of any Xarrvo product or service after updated Terms have been published constitutes acceptance of those changes.

If you do not agree with the updated Terms, you must discontinue use of the affected services.

11. Right to Refuse Service

To the maximum extent permitted by law, Xarrvo reserves the right to refuse, restrict, suspend or terminate the provision of any product or service where we reasonably believe it is necessary to:

Protect the security or integrity of our platform.
Prevent fraud, abuse or unlawful activity.
Enforce these Terms or any Xarrvo policy.
Protect other customers, third parties or Xarrvo.
Comply with legal or regulatory obligations.

Nothing in this section limits any non-excludable rights you may have under applicable law.

12. Orders and Purchases

By placing an order with Xarrvo, you agree to purchase the selected products or services subject to these Terms.

All orders are subject to acceptance by Xarrvo.

Xarrvo reserves the right to refuse, decline or cancel any order at its sole discretion, including where:

Incorrect pricing has been displayed.
Fraud or unauthorised activity is suspected.
Required information has not been provided.
A product or service is unavailable.
Provision of the service would breach applicable laws or these Terms.

An order is not considered accepted until Xarrvo has confirmed the purchase or commenced provisioning of the requested service.

13. Pricing

Unless otherwise stated, all prices are displayed in Australian Dollars (AUD).

Prices may be exclusive of applicable taxes unless otherwise specified.

Xarrvo reserves the right to change pricing for any product or service at any time.

Where reasonably practicable, existing customers will receive advance notice of recurring pricing changes. However, immediate pricing changes may apply where required due to changes imposed by third-party providers, regulatory requirements or circumstances beyond our reasonable control.

Pricing displayed on our website does not constitute a binding offer and may be corrected where errors occur.

14. Payment Terms

Customers agree to pay all applicable fees for products and services purchased from Xarrvo.

Payments may be required:

Upfront.
Monthly.
Annually.
Upon renewal.
In accordance with an agreed quotation or invoice.

Failure to make payment by the due date may result in the restriction, suspension, cancellation or termination of services as outlined in these Terms and the applicable service policies.

Customers remain responsible for all outstanding amounts owing to Xarrvo.

15. Recurring Services

Many Xarrvo services operate on a recurring subscription basis.

These may include:

Website Builder plans.
Hosting services.
Microsoft 365.
Domain registrations.
SEO services.
Maintenance plans.
Other recurring subscriptions.

By purchasing a recurring service, you authorise Xarrvo to continue providing the service until it is cancelled in accordance with these Terms.

Recurring services continue until cancelled by either party.

16. Renewals

Recurring services will renew at the end of each billing period unless cancelled beforehand.

Customers are responsible for ensuring:

Payment details remain valid.
Payment methods contain sufficient funds.
Billing information remains accurate.

Failure to successfully process a renewal payment may result in cancellation, suspension or termination of the relevant service.

Some third-party services, including domain registrations and Microsoft 365 subscriptions, may become unavailable or permanently deleted if renewal payments are not successfully processed.

17. Quotes and Custom Projects

Quotes provided by Xarrvo are valid only for the period specified within the quotation.

Where no validity period is specified, quotations may be withdrawn or amended at any time before acceptance.

Custom development, website design and other project-based services may require:

A deposit before work commences.
Progress payments.
Final payment before delivery or launch.

Unless otherwise agreed in writing, project timelines are estimates only and may change depending on customer responsiveness, project complexity or unforeseen circumstances.

18. Provisioning of Services

Following successful payment, Xarrvo will use reasonable efforts to provision purchased services as soon as practicable.

Provisioning times may vary depending on:

The selected product.
Verification requirements.
Third-party providers.
Domain propagation.
Customer action required.
Technical limitations.

Estimated provisioning times are provided as a guide only and are not guaranteed.

19. Customer Delays

Customers are responsible for providing all information reasonably required for Xarrvo to deliver the requested services.

Delays caused by missing information, delayed approvals, unavailable content or failure to respond may result in delayed delivery.

Xarrvo is not responsible for project delays resulting from customer inaction or incomplete information.

20. Third-Party Costs

Certain products and services rely upon third-party providers.

Customers acknowledge that third-party costs may change without notice.

Where third-party pricing changes materially affect the cost of providing a service, Xarrvo reserves the right to adjust pricing accordingly.

Examples include:

Domain registration fees.
Microsoft licensing.
Cloud hosting.
Artificial Intelligence providers.
Payment processing fees.
Premium plugins or themes.
External APIs or integrations.

21. Promotional Offers

From time to time, Xarrvo may offer promotional pricing, discounts, bundled services or introductory offers.

Unless expressly stated otherwise:

Promotional offers cannot be combined.
Promotions are available for a limited time.
Promotional pricing applies only for the stated promotional period.
Standard pricing applies after the promotional period expires.

Xarrvo reserves the right to modify or withdraw promotional offers at any time.

22. Taxes

Customers are responsible for paying all applicable taxes associated with their purchases.

Where required by law, Xarrvo will collect and remit applicable taxes, including Goods and Services Tax (GST).

International customers are responsible for any local taxes, duties or government charges applicable within their jurisdiction.

23. Currency

Unless otherwise stated, all invoices and charges are issued in Australian Dollars (AUD).

Where payments are made using another currency, exchange rates and conversion fees are determined by the customer’s payment provider or financial institution.

Xarrvo is not responsible for exchange rate fluctuations or additional banking fees incurred during payment processing.

24. Refunds

Refunds are governed by Xarrvo’s Refund Policy.

Except where required by law or expressly stated in the Refund Policy, all payments are final and non-refundable.

Customers acknowledge that many Xarrvo products involve immediate provisioning, licensing costs or labour that cannot be recovered once services have commenced.

25. Domain Names

Where Xarrvo registers or manages a domain name on your behalf, you acknowledge that domain registrations are subject to the policies, terms and requirements of the applicable domain registry and registrar.

Customers are responsible for ensuring:

Domain registration information remains accurate.
Renewal payments are made before the applicable due date.
The domain does not infringe the intellectual property rights of another party.

Failure to renew a domain name may result in:

Suspension of DNS services.
Loss of website availability.
Loss of email services.
Permanent loss of the domain name.

Xarrvo cannot guarantee that an expired domain name can be recovered once released by the applicable registry.

26. Hosting Services

Hosting services are governed by our Hosting Policy.

Customers acknowledge that:

Hosting services may occasionally experience interruptions.
Scheduled and emergency maintenance may occur.
Infrastructure upgrades may temporarily affect availability.
Hosting services are provided on shared or managed infrastructure.

Customers are solely responsible for maintaining current backups of their websites, databases and other hosted content unless otherwise agreed in writing.

Xarrvo may suspend or terminate hosting services in accordance with these Terms and the Hosting Policy.

27. Microsoft 365 Services

Microsoft 365 services are governed by our Microsoft 365 Policy.

Customers acknowledge that Microsoft 365 subscriptions are provided using Microsoft’s cloud platform.

Failure to maintain payment may result in cancellation of the subscription and subsequent deletion of Microsoft 365 accounts, mailboxes and associated data in accordance with Microsoft’s policies.

Xarrvo is not responsible for Microsoft’s retention or deletion processes and cannot guarantee recovery of deleted Microsoft 365 data.

28. AI Features

Certain Xarrvo products include access to Artificial Intelligence (“AI”) features.

AI functionality may rely upon third-party providers and is provided on an “as available” basis.

Customers acknowledge that:

AI-generated content may contain inaccuracies.
AI responses should be independently reviewed before use.
AI availability depends on third-party providers.
AI features may change over time.

Xarrvo makes no guarantee regarding the accuracy, completeness or suitability of AI-generated content.

Customers remain solely responsible for all decisions made using AI-generated information.

29. AI Usage and Token Limits

Some Xarrvo plans include AI usage or AI tokens.

Customers must not:

Attempt to circumvent usage limits.
Use automated systems to generate excessive AI requests.
Share AI access where prohibited.
Abuse AI functionality in a manner that negatively impacts the platform or other customers.

Where Xarrvo reasonably believes AI features are being abused, we reserve the right to:

Reduce available AI usage.
Restrict AI functionality.
Suspend access to AI features.
Permanently remove AI access.
Suspend or terminate associated services.

Unused AI usage or tokens have no monetary value and are not redeemable for cash unless expressly stated otherwise.

30. Suspension of Services

To protect our platform, customers and infrastructure, Xarrvo may suspend or restrict any product or service where we reasonably believe it is necessary.

Circumstances may include, but are not limited to:

Non-payment.
Fraud or suspected fraud.
Chargebacks.
Security incidents.
Abuse of AI services.
Excessive resource usage.
Spam.
Malware.
Phishing.
Breach of these Terms.
Breach of any Xarrvo policy.
Illegal activity.
Requests from law enforcement or regulatory authorities.

Suspension may occur without prior notice where immediate action is reasonably necessary.

Xarrvo may suspend one, multiple or all services associated with a customer account where we reasonably believe such action is necessary to protect our platform, customers, business operations or legal interests. Suspension of one service does not prevent Xarrvo from suspending additional services where the circumstances warrant.

31. Termination of Services

Xarrvo reserves the right to terminate any product or service where:

Payment remains outstanding.
A material breach of these Terms has occurred.
Fraudulent or unlawful activity is suspected.
Continued provision of services poses a risk to Xarrvo or its customers.
Required by law.

Termination may occur immediately where circumstances reasonably require.

Termination of one service does not require Xarrvo to terminate all services associated with a customer account.

32. Data Deletion

Where services are terminated, cancelled or expire, Xarrvo may permanently remove associated data.

This may include:

Websites.
Databases.
Email accounts.
Files.
AI data.
Account information.
Configuration data.
Backups.

Once permanently deleted, data may not be recoverable.

Xarrvo is under no obligation to retain customer data after termination unless required by applicable law.

33. Customer Backups

Customers are solely responsible for maintaining independent backups of their data.

While Xarrvo may perform operational or disaster recovery backups for internal purposes, these backups:

Are not guaranteed.
May not include all customer data.
May not be retained indefinitely.
Are not intended as a customer backup service.

Customers should not rely upon Xarrvo’s internal systems as their sole backup solution.

34. Fraud and Chargebacks

Customers must not initiate fraudulent payment disputes or chargebacks.

Where a chargeback is received, Xarrvo may immediately:

Suspend services.
Restrict account access.
Cancel subscriptions.
Recover outstanding amounts.
Refuse future services.

Customers remain liable for legitimate charges even where a payment dispute has been initiated.

35. Security Investigations

Xarrvo reserves the right to investigate suspected breaches of these Terms or any Xarrvo policy.

Customers agree to cooperate with reasonable investigations relating to:

Security incidents.
Fraud.
Abuse.
Intellectual property.
Law enforcement requests.
Platform integrity.

Failure to cooperate may result in suspension or termination of services.

36. Abandoned Accounts

Where an account remains inactive for an extended period following cancellation or termination, Xarrvo may permanently remove associated customer data and account information.

Xarrvo is not required to retain inactive accounts or customer data indefinitely.

37. Intellectual Property

Unless otherwise stated, all intellectual property rights relating to the Xarrvo platform remain the exclusive property of Xarrvo or its licensors.

This includes, but is not limited to:

The Xarrvo name.
Logos and branding.
Website design.
Software.
Source code.
Platform features.
APIs.
Documentation.
Graphics.
User interface designs.
AI functionality.
Themes, templates and layouts developed by Xarrvo.
Any other materials created by or for Xarrvo.

Nothing contained within these Terms transfers ownership of Xarrvo’s intellectual property to the customer.

38. Customer Content

Customers retain ownership of the content they upload, create or provide through Xarrvo services.

This may include:

Text.
Images.
Videos.
Logos.
Documents.
Product information.
Databases.
Website content.
Customer-created code.

By using Xarrvo services, you grant Xarrvo a non-exclusive, worldwide, royalty-free licence to host, process, store, transmit and display your content solely for the purpose of providing and maintaining the requested services.

This licence automatically ends once the relevant services have been terminated and any applicable data retention period has expired.

39. Customer Warranties

You warrant that any content submitted to Xarrvo:

Is owned by you or appropriately licensed.
Does not infringe the rights of another party.
Does not breach any applicable law.
Does not contain unlawful, defamatory or misleading material.
Does not contain malicious software.

You accept full responsibility for all content hosted or published through your account.

40. Custom Development

Where Xarrvo develops custom software, websites, plugins, integrations or other bespoke solutions for a customer:

All work remains the property of Xarrvo until full payment has been received.
Ownership transfers only where expressly agreed in writing.
Third-party software and licences remain subject to their respective licence terms.
Xarrvo may utilise existing frameworks, libraries, components and proprietary systems in the delivery of custom work.

Unless expressly agreed otherwise, ownership of Xarrvo’s underlying tools, frameworks, reusable code and development methodologies remains with Xarrvo.

41. Website Design Services

Customers are responsible for providing all information, content and approvals reasonably required for Xarrvo to complete a website project.

Project delays resulting from:

Missing content.
Delayed approvals.
Changes in project scope.
Customer unavailability.

may extend delivery timeframes.

Unless otherwise agreed in writing, revisions are limited to those included within the purchased package.

Additional work requested outside the agreed project scope may incur additional charges.

42. Project Acceptance

A website or custom project will be considered accepted where:

The customer confirms acceptance;
The website is published or deployed; or
Fourteen (14) days have passed since delivery without written notice of any material defects.

Following acceptance, any additional work may be treated as a new project or billed at Xarrvo’s standard rates.

43. Third-Party Software

Many Xarrvo services incorporate third-party software, themes, plugins or integrations.

Customers acknowledge that:

Third-party software remains subject to its own licensing terms.
Third-party vendors may discontinue or modify their products.
Compatibility may change over time.
Updates may introduce changes outside Xarrvo’s control.

Xarrvo is not responsible for defects, outages or changes introduced by third-party software providers.

44. Artificial Intelligence Content

Where AI features are used to generate content, code, text, images or other materials:

Outputs are generated using artificial intelligence technologies.
AI-generated content may be inaccurate, incomplete or unsuitable for a particular purpose.
Customers should independently review all AI-generated outputs before relying upon them.

Xarrvo makes no warranty regarding the originality, legality or accuracy of AI-generated content.

Customers remain solely responsible for their use of AI-generated outputs.

45. Open Source Software

Some Xarrvo products may include open source software.

Open source components remain subject to their respective licences.

Nothing in these Terms limits any rights or obligations imposed by applicable open source licences.

46. Feedback

If you provide suggestions, ideas, feedback or recommendations relating to Xarrvo’s products or services, you grant Xarrvo a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, implement and incorporate that feedback without compensation or attribution.

47. Public Portfolio

Xarrvo may identify you as a customer and display completed public-facing projects, including your business name, website URL, logo and publicly available screenshots, within our portfolio, marketing materials, case studies or promotional content.

If you do not wish for your project to be included in Xarrvo’s portfolio, you may request its removal by contacting us in writing. Xarrvo will consider such requests and, where reasonable, remove the relevant materials within a reasonable timeframe.

48. Reseller Program

Xarrvo may, at its sole discretion, offer reseller services that allow approved businesses or individuals to resell selected Xarrvo products and services.

Participation in the Reseller Program is subject to these Terms and any additional reseller requirements communicated by Xarrvo.

Approval as a reseller does not create a partnership, joint venture, agency, employment or franchise relationship between Xarrvo and the reseller.

49. Affiliate Program

Xarrvo may operate an Affiliate Program that allows approved individuals or businesses to promote eligible Xarrvo products and services in exchange for commissions.

Participation in the Affiliate Program is subject to these Terms and any additional affiliate requirements published by Xarrvo.

Approval into the Affiliate Program does not create any employment, partnership or agency relationship with Xarrvo.

50. Eligibility

Xarrvo reserves the right to approve or reject any reseller or affiliate application at its sole discretion.

Approval is not guaranteed and may be withdrawn at any time.

Applicants may be required to provide information reasonably requested by Xarrvo to verify their identity or business.

51. Pricing and Commissions

Wholesale pricing, reseller pricing, affiliate commissions, discounts and incentives are determined solely by Xarrvo.

Xarrvo reserves the right to:

Change reseller pricing.
Change wholesale pricing.
Change affiliate commission rates.
Introduce or remove products from reseller or affiliate programs.
Modify eligibility requirements.
Introduce minimum sales requirements.

Where reasonably practicable, advance notice of pricing or commission changes will be provided.

However, immediate changes may occur where required due to changes in supplier pricing, business requirements or other circumstances beyond Xarrvo’s reasonable control.

Participation in any reseller or affiliate program does not guarantee fixed pricing or commission rates.

52. Brand Usage

Resellers and affiliates may only use Xarrvo’s branding, logos, trademarks and marketing materials in accordance with any branding guidelines issued by Xarrvo.

Without prior written permission, resellers and affiliates must not:

Alter the Xarrvo logo.
Modify Xarrvo trademarks.
Register domain names incorporating the Xarrvo name or confusingly similar variations.
Create social media accounts impersonating Xarrvo.
Represent themselves as employees or official representatives of Xarrvo.
Make misleading claims regarding Xarrvo products or services.

All goodwill arising from the use of Xarrvo’s intellectual property remains the exclusive property of Xarrvo.

53. Prohibited Conduct

Resellers and affiliates must not engage in conduct including, but not limited to:

Fraud.
Scams.
Misleading advertising.
False or deceptive representations.
Spam or unsolicited marketing.
Fake referrals.
Self-referrals designed to generate commissions.
Manipulation of affiliate tracking systems.
Cookie stuffing.
Incentivised clicks or fraudulent traffic.
Trademark infringement.
Unauthorised use of Xarrvo branding.
Activities that may damage the reputation of Xarrvo.

Resellers and affiliates must conduct their business honestly, ethically and in compliance with all applicable laws.

54. Suspension and Removal

Where Xarrvo reasonably believes that a reseller or affiliate has breached these Terms or engaged in inappropriate conduct, Xarrvo may, without prior notice:

Restrict reseller or affiliate access.
Suspend reseller or affiliate privileges.
Remove reseller pricing.
Remove affiliate commissions.
Withhold unpaid commissions pending investigation.
Terminate reseller or affiliate status.
Refuse future participation in reseller or affiliate programs.

These actions may be taken where Xarrvo reasonably suspects:

Fraud.
Abuse.
Scams.
Chargeback abuse.
Spam.
Misrepresentation.
Brand misuse.
Manipulation of pricing or commissions.
Conduct likely to damage Xarrvo or its customers.
Any breach of these Terms or applicable policies.

55. Marketing Standards

Resellers and affiliates are solely responsible for their own marketing activities.

They must ensure that all advertising, promotional material and communications:

Are truthful and accurate.
Comply with applicable advertising laws.
Do not make false guarantees.
Do not misrepresent Xarrvo products or services.
Do not infringe the rights of third parties.

Xarrvo is not responsible for marketing materials created independently by resellers or affiliates.

56. Independent Businesses

Resellers and affiliates operate as independent businesses.

Nothing in these Terms creates:

A partnership.
A joint venture.
An employment relationship.
A fiduciary relationship.
An agency relationship.

Resellers and affiliates have no authority to legally bind Xarrvo or make commitments on Xarrvo’s behalf unless expressly authorised in writing.

57. No Exclusivity

Participation in the Reseller Program or Affiliate Program does not grant exclusivity.

Xarrvo may:

Appoint multiple resellers.
Operate competing reseller programs.
Sell directly to customers.
Modify or discontinue reseller or affiliate programs at any time.

Nothing in these Terms prevents Xarrvo from competing directly with any reseller or affiliate.

58. Program Changes

Xarrvo reserves the right to modify, suspend or permanently discontinue any reseller or affiliate program at any time.

This includes changes to:

Eligibility requirements.
Pricing.
Commission structures.
Product availability.
Benefits.
Program rules.

Where reasonably practicable, advance notice of material changes will be provided.

59. No Warranty

To the maximum extent permitted by law, Xarrvo provides its products and services on an “as is” and “as available” basis.

While Xarrvo uses reasonable care and skill in providing its services, we do not warrant or guarantee that:

Services will always be available.
Services will operate without interruption.
Services will be error-free.
Defects will always be corrected immediately.
AI-generated content will be accurate or complete.
Websites will remain free from vulnerabilities or malicious attacks.
Third-party services will remain available.
Search engine rankings will improve.
Marketing or SEO services will produce specific commercial outcomes.
Software will meet every individual customer’s requirements.

Customers acknowledge that technology services are inherently subject to interruptions, limitations and unforeseen events.

60. Limitation of Liability

To the maximum extent permitted by law, Xarrvo shall not be liable for any direct, indirect, incidental, consequential, special or exemplary loss or damage arising out of or in connection with the use of our products or services.

This includes, but is not limited to:

Loss of revenue.
Loss of profits.
Loss of customers.
Loss of business opportunities.
Loss of contracts.
Loss of goodwill.
Loss of anticipated savings.
Business interruption.
Website downtime.
Service interruptions.
Data loss.
Corrupted data.
Deleted data.
Email loss.
Microsoft 365 data loss.
Domain expiry or loss.
Search engine ranking changes.
Loss of advertising performance.
AI-generated inaccuracies.
Loss arising from customer reliance on AI-generated content.
Third-party provider failures.
Cloud hosting failures.
DNS failures.
Payment gateway failures.
Internet outages.
Cyber attacks.
Malware.
Ransomware.
Security incidents.
Unauthorised access by third parties.
Hardware failures.
Software defects.
Delays in provisioning.
Delays caused by third-party providers.
Delays caused by customer inaction.
Force majeure events.

Customers acknowledge that Xarrvo’s pricing reflects these limitations of liability.

61. Third-Party Services

Many Xarrvo products rely upon services provided by third-party organisations.

These providers may include:

Cloud hosting providers.
Domain registrars.
Microsoft.
Artificial Intelligence providers.
Payment processors.
Analytics providers.
CDN providers.
Security providers.
DNS providers.
Plugin developers.
Theme developers.
Other software vendors.

Xarrvo does not control the availability, pricing, functionality or policies of these providers and is not liable for any interruption, failure, modification or discontinuation of third-party services.

62. Customer Responsibility

Customers remain solely responsible for:

Their websites.
Their content.
Their users.
Their account credentials.
Their backups.
Their business operations.
Their legal compliance.
Their AI-generated content.
Their use of third-party software.
Their domain renewals.
Their Microsoft 365 data.

Customers should maintain independent backups and business continuity plans appropriate to their own operations.

63. Security

Xarrvo takes reasonable steps to protect its infrastructure and customer information.

However, no online service can guarantee complete security.

Customers acknowledge that cyber attacks, malware, ransomware, unauthorised access and other security incidents may occur despite reasonable security measures.

Accordingly, Xarrvo does not guarantee that any service will be completely secure.

64. Service Interruptions

Customers acknowledge that interruptions may occur due to:

Planned maintenance.
Emergency maintenance.
Infrastructure upgrades.
Security incidents.
Internet failures.
Third-party outages.
Cloud provider issues.
Hardware replacement.
Software updates.
DNS propagation.
Domain registry issues.
Circumstances beyond Xarrvo’s reasonable control.

Temporary interruptions do not constitute a breach of these Terms.

65. Indemnity

To the maximum extent permitted by law, you agree to indemnify and hold harmless Xarrvo, its directors, officers, employees, contractors and affiliates against any loss, liability, claim, damage, expense or cost (including reasonable legal costs) arising out of or in connection with:

Your use of our products or services.
Your breach of these Terms.
Your breach of any Xarrvo policy.
Your website or hosted content.
Copyright infringement.
Trademark infringement.
Defamation.
Privacy breaches.
Spam.
Malware.
Illegal activity.
AI misuse.
Your negligence or wilful misconduct.
Claims brought by third parties arising from your actions or omissions.

66. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.

Where liability cannot be excluded but can be limited, Xarrvo’s liability is limited, at our option, to:

Re-supplying the relevant services; or
Paying the reasonable cost of having those services supplied again,

to the extent permitted by law.

67. Maximum Liability

To the maximum extent permitted by law, where Xarrvo is found liable for any claim arising from these Terms or the provision of our services, Xarrvo’s aggregate liability shall not exceed the total amount paid by the customer to Xarrvo for the specific product or service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the liability.

This limitation applies regardless of the legal basis of the claim, including contract, tort (including negligence), statute or otherwise, except where such limitation is prohibited by applicable law.

68. Force Majeure

Xarrvo shall not be liable for any delay or failure to perform its obligations where such delay or failure results from events beyond our reasonable control.

These events include, but are not limited to:

Natural disasters.
Floods.
Fires.
Pandemics.
Government action.
War.
Civil unrest.
Acts of terrorism.
Industrial disputes.
Power outages.
Internet failures.
Cloud provider outages.
Cybersecurity incidents.
Supply chain disruptions.
Failures of third-party providers.

During a force majeure event, Xarrvo’s obligations are suspended for the duration of the event to the extent affected.

69. Beta Features

From time to time, Xarrvo may offer beta, preview, early access or experimental features (“Beta Features”).

Beta Features are provided for evaluation and testing purposes and may:

Be incomplete or under development.
Contain bugs or errors.
Change without notice.
Be modified, suspended or discontinued at any time.
Produce unexpected or inaccurate results.

Unless otherwise required by law, Beta Features are provided without any warranty or guarantee and may not be supported to the same standard as generally available services.

Use of Beta Features is entirely at the customer’s own risk.

70. Platform Changes

Xarrvo continually develops and improves its products and services.

Accordingly, Xarrvo may, at its discretion:

Introduce new features.
Modify existing functionality.
Improve security measures.
Update user interfaces.
Replace technologies.
Change supported integrations.
Remove obsolete functionality.

Where reasonably practicable, material changes affecting customer use of the services will be communicated in advance.

Customers acknowledge that ongoing changes are a normal part of cloud-based software and managed services.

71. Service Migration

To maintain the quality, security and reliability of our services, Xarrvo may migrate customer services between servers, hosting providers, infrastructure platforms or technology environments.

Where reasonably practicable, Xarrvo will provide advance notice of planned migrations that are likely to materially impact customers.

Customers acknowledge that temporary interruptions may occur during migration activities.

72. No Reliance

The customer acknowledges that they have not relied upon any representation, statement, warranty or promise made by or on behalf of Xarrvo that is not expressly contained within these Terms or confirmed in writing by Xarrvo.

Nothing in this section excludes liability for fraudulent misrepresentation or any liability that cannot lawfully be excluded.

73. Notices

Any notice given under these Terms must be provided in writing.

Xarrvo may provide notices by:

Email.
Customer portal notifications.
Support ticket.
Website announcements.
Other reasonable electronic communication methods.

Customers are responsible for ensuring their contact details remain accurate and up to date.

A notice is deemed received when:

An email is sent to the customer’s nominated email address.
A notification is published within the customer portal.
A notice is otherwise made available using the customer’s nominated communication method.

74. Assignment

Xarrvo may assign, transfer, novate or otherwise deal with its rights and obligations under these Terms as part of:

A business restructure.
A merger.
An acquisition.
A sale of assets.
The sale of Xarrvo or its business.
Any other corporate transaction.

Customers may not assign or transfer their rights or obligations under these Terms without Xarrvo’s prior written consent.

75. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable by a court of competent jurisdiction, that provision shall be severed to the minimum extent necessary.

The remaining provisions shall continue in full force and effect.

76. Waiver

A failure or delay by Xarrvo to exercise any right, power or remedy under these Terms does not constitute a waiver of that right, power or remedy.

Any waiver must be made in writing and applies only to the specific matter for which it is given.

77. Survival

The following provisions survive the termination or expiry of these Terms to the extent necessary to give them effect:

Payment obligations.
Intellectual Property.
Customer Content.
Confidentiality obligations.
Indemnities.
Limitation of Liability.
Data retention and deletion.
Governing Law.
Dispute resolution.
Any other provision intended by its nature to survive termination.

78. Entire Agreement

These Terms, together with any policies, service-specific terms, order forms and documents expressly incorporated by reference, constitute the entire agreement between Xarrvo and the customer in relation to the products and services provided.

They supersede all previous discussions, negotiations, proposals, understandings and agreements relating to the same subject matter.

79. Electronic Acceptance

Customers acknowledge and agree that these Terms may be accepted electronically.

Acceptance occurs when a customer:

Creates an account.
Places an order.
Clicks an “I Agree”, “Accept” or similar button.
Pays an invoice.
Uses any Xarrvo product or service.
Continues using services after these Terms have been updated.

Electronic acceptance has the same legal effect as a handwritten signature, to the extent permitted by applicable law.

80. Governing Law

These Terms are governed by the laws of Queensland, Australia.

Nothing in these Terms limits any mandatory rights or protections available to consumers under applicable law.

81. Jurisdiction

Subject to any rights that cannot lawfully be excluded, the parties submit to the exclusive jurisdiction of the courts of Queensland, Australia, and any courts competent to hear appeals from those courts, in relation to any dispute arising out of or in connection with these Terms or the services provided by Xarrvo.

Contact Us

Questions regarding these Terms or any Xarrvo service may be directed to:

Xarrvo Pty Ltd

Email: [email protected]

Website: https://xarrvo.com