Terms Of Service

Last Updated: July, 17 2025

By accessing, browsing, or using the services provided by Xomitt Limited (“Company,” “Xomitt,” “we,” “us,” or “our”) through our website located at xomitt.com (“Website”) and any related services, mobile applications, or platforms, you (“Client,” “Customer,” “User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (“Terms,” “Agreement”). If you do not agree to these Terms in their entirety, you must immediately discontinue use of our Website and services.

These Terms constitute a legally binding agreement between you and Xomitt Limited. By continuing to use our services, you represent that you have the legal authority to enter into this Agreement and that you are at least 18 years of age or have parental consent if you are a minor.

2. Company Information and Business Description

Xomitt Limited is a comprehensive e-commerce solutions provider specializing in digital marketplace management, online business development, and e-commerce optimization services. Our company is dedicated to helping businesses establish, grow, and optimize their online presence across multiple digital platforms and marketplaces.

2.1 Core Business Services

Xomitt provides a full spectrum of e-commerce and digital marketing services. For detailed information about our complete range of services, please visit our services page at https://xomitt.com/services/

Our expertise covers both B2B and B2C e-commerce models across various industries and market segments, helping businesses of all sizes from startups to established enterprises.

3. Service Agreements and Scope of Work

3.1 Service Delivery Framework

• All services are provided according to detailed specifications outlined in individual service agreements, proposals, or statements of work
• Project timelines, deliverables, milestones, and success metrics are clearly defined before commencement
• We reserve the right to modify service delivery methods and processes to improve efficiency, quality, and results
• Service modifications will be communicated to clients with appropriate notice
• We maintain the right to subcontract portions of work to qualified third parties while maintaining full responsibility for delivery

3.2 Client Responsibilities and Obligations

Clients are required to:

• Provide accurate, complete, and timely information necessary for effective service delivery
• Grant appropriate access to relevant platforms, accounts, and systems as needed
• Respond to requests for information, feedback, and approvals within agreed timeframes
• Maintain compliance with all applicable laws, regulations, and platform policies
• Provide necessary business licenses, permits, and legal documentation
• Maintain confidentiality of all login credentials, account information, and sensitive data
• Participate actively in project planning, review processes, and decision-making
• Provide necessary resources, materials, and support as outlined in service agreements

3.3 Platform Compliance and Regulatory Adherence

• All services are subject to the terms, conditions, and policies of respective e-commerce platforms
• We do not guarantee account approval, maintenance, or performance on any third-party platform
• Clients remain ultimately responsible for maintaining compliance with all platform policies and regulations
• We provide guidance and support but cannot guarantee outcomes related to platform compliance
• Changes in platform policies may affect service delivery and outcomes

4. Payment Terms and Financial Obligations

4.1 Fees and Billing Structure

• Service fees, payment schedules, and billing terms are specified in individual service agreements or proposals
• All fees are quoted in the currency specified in the agreement unless otherwise noted
• Additional costs including but not limited to platform fees, advertising spend, third-party software licenses, or external services are the client’s responsibility unless explicitly included in our service agreement
• We reserve the right to adjust fees with 30 days written notice for ongoing services

4.2 Payment Methods and Processing

• We accept payments through approved payment processors including bank transfers, credit cards, and digital payment platforms
• Invoices must be paid within the timeframe specified in the service agreement (typically 7-30 days)
• Late payments may incur additional fees and may result in service suspension or termination
• All payments are processed securely through encrypted payment systems
• Payment disputes must be raised within 30 days of invoice date

4.3 Taxes and Additional Charges

• All fees are exclusive of applicable taxes, duties, and governmental charges
• Clients are responsible for all applicable taxes in their jurisdiction
• International clients may be subject to additional banking or transfer fees
• Currency conversion fees, if applicable, are the responsibility of the client

5. Intellectual Property Rights and Ownership

5.1 Client Intellectual Property

• Clients retain full ownership of their original content, products, trademarks, and intellectual property
• Clients grant us a limited, non-exclusive license to use their intellectual property solely for service delivery purposes
• We may showcase client work in our portfolio, case studies, and marketing materials with prior written consent
• Client consent for promotional use can be withdrawn at any time with written notice

5.2 Xomitt Intellectual Property

• All methodologies, strategies, proprietary processes, software, and business systems remain our exclusive intellectual property
• Clients may not reproduce, distribute, reverse engineer, or create derivative works from our proprietary materials
• Any content, designs, or materials created specifically for clients becomes client property upon full payment
• We retain the right to use general knowledge, skills, and experience gained from client projects

5.3 Third-Party Intellectual Property

• We respect all third-party intellectual property rights and expect clients to do the same
• Clients warrant that all materials provided to us do not infringe upon third-party rights
• We are not responsible for intellectual property infringement by clients or their materials

6. Confidentiality and Data Protection

6.1 Mutual Non-Disclosure

• Both parties agree to maintain strict confidentiality of all sensitive business information, trade secrets, and proprietary data
• We implement appropriate technical and organizational security measures to protect client data
• Client information will not be shared with third parties without explicit written consent except as required by law
• Confidentiality obligations remain in effect indefinitely, even after termination of services

6.2 Data Protection and Privacy

• We comply with applicable data protection laws and regulations including GDPR, CCPA, and other relevant privacy legislation
• Client data is collected, processed, and stored according to our Privacy Policy
• We maintain appropriate data security measures including encryption, access controls, and regular security audits
• Clients have the right to request access to, correction of, or deletion of their personal data

6.3 Data Retention and Deletion

• Client data is retained only as long as necessary for service delivery and legal compliance
• Upon termination, client data will be returned or securely deleted according to agreed timelines
• We maintain backups for disaster recovery purposes with appropriate security measures

7. Warranties, Disclaimers, and Service Limitations

7.1 Service Warranties

• We provide all services using professional skill, care, and industry best practices
• We warrant that services will be performed by qualified professionals with appropriate expertise
• We do not guarantee specific results, sales figures, rankings, or platform performance outcomes
• Market conditions, competition, and platform algorithm changes may affect service outcomes

7.2 Disclaimers

• Services are provided “as is” and “as available” without warranties of any kind
• We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement
• We do not warrant uninterrupted, error-free, or secure service delivery
• We are not responsible for third-party platform downtime, policy changes, or technical issues

7.3 Service Limitations

• We cannot guarantee approval or maintenance of accounts on third-party platforms
• Performance results may vary based on market conditions, competition, and external factors
• We are not responsible for client business decisions or their consequences
• Service delivery may be affected by factors beyond our reasonable control

8. Limitation of Liability and Risk Allocation

8.1 Liability Limits

• Our total liability for any claim, regardless of the form of action, shall not exceed the total amount paid by the client for the specific service that gave rise to the claim
• We are not liable for indirect, incidental, consequential, special, or punitive damages
• Clients acknowledge that they are responsible for their own business decisions and outcomes
• These limitations apply even if we have been advised of the possibility of such damages

8.2 Platform and Third-Party Risks

• We are not responsible for third-party platform policy changes, account suspensions, restrictions, or terminations
• Clients assume all risks associated with e-commerce platform operations and policy compliance
• We provide guidance and recommendations but cannot guarantee platform compliance outcomes
• Market risks, competitive pressures, and economic conditions are beyond our control

8.3 Force Majeure and Unforeseeable Events

• Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control
• Force majeure events include acts of God, natural disasters, government actions, pandemics, war, terrorism, or platform policy changes
• We will make reasonable efforts to minimize the impact of such events on service delivery

9. Indemnification and Risk Transfer

9.1 Client Indemnification

Clients agree to indemnify, defend, and hold harmless Xomitt, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising from or related to:

• Client’s use of our services or breach of these Terms
• Violation of any applicable laws, regulations, or third-party rights
• Infringement of intellectual property rights
• Non-compliance with platform policies or regulations
• Client’s business operations, products, or services
• Any content, materials, or information provided by the client

9.2 Mutual Indemnification

• Both parties agree to indemnify each other for breaches of confidentiality obligations
• Each party is responsible for their own negligent acts or omissions
• Indemnification obligations survive termination of this Agreement

10. Termination and Service Discontinuation

10.1 Termination Rights

• Either party may terminate services with appropriate written notice as specified in individual service agreements
• We reserve the right to terminate services immediately for material breach of these Terms
• Termination for convenience requires 30 days written notice unless otherwise specified
• We may suspend services immediately for non-payment or policy violations

10.2 Effects of Termination

• Termination does not relieve payment obligations for services already provided or in progress
• Client access to our systems, tools, and platforms will be revoked upon termination
• We will provide reasonable assistance in transitioning services to client or third parties
• All confidentiality and intellectual property obligations survive termination

10.3 Post-Termination Obligations

• Both parties must return or destroy confidential information upon termination
• Outstanding invoices become immediately due and payable
• We may retain client data for legal compliance purposes as required by law

11. Website Use and Digital Conduct

11.1 Permitted Website Use

• You may use our Website for lawful purposes related to learning about and engaging our services
• You may not use the Website for any unauthorized commercial purposes or competitive intelligence
• You must not attempt to gain unauthorized access to our systems, networks, or databases
• You may not use automated tools to scrape or extract data from our Website

11.2 Prohibited Activities

The following activities are strictly prohibited:

• Violating any applicable laws, regulations, or these Terms
• Transmitting harmful, offensive, defamatory, or inappropriate content
• Interfering with the proper functioning of the Website or our services
• Attempting to reverse engineer, copy, or replicate our proprietary systems
• Engaging in fraudulent, deceptive, or misleading activities
• Harassing, threatening, or abusing our staff or other users
• Distributing malware, viruses, or other harmful code

11.3 User Content and Submissions

• Any content you submit through our Website becomes our property
• You warrant that submitted content does not violate any third-party rights
• We reserve the right to remove any content at our discretion
• You grant us a perpetual, royalty-free license to use submitted content

12. Third-Party Services and External Links

12.1 Third-Party Platform Integration

• Our services frequently involve integration with third-party e-commerce platforms and marketplaces
• We are not responsible for the availability, performance, policies, or reliability of third-party services
• Your use of third-party services is subject to their respective terms, conditions, and privacy policies
• We do not endorse or guarantee any third-party services or platforms

12.2 External Links and References

• Our Website may contain links to third-party websites, tools, or resources
• We do not endorse, control, or assume responsibility for third-party content or services
• Your use of external websites and services is entirely at your own risk
• We recommend reviewing the terms and privacy policies of any external sites you visit

12.3 Third-Party Software and Tools

• We may use third-party software tools and services to deliver our services
• Clients may be required to agree to additional terms for third-party tools
• We are not responsible for third-party software performance or availability
• License fees for third-party tools may be passed through to clients

13. Dispute Resolution and Legal Procedures

13.1 Governing Law and Jurisdiction

• These Terms and any disputes arising from them are governed by the laws of England and Wales
• Any legal proceedings must be brought in the courts of England and Wales
• Both parties consent to the exclusive jurisdiction of English courts
• English law applies regardless of conflict of law principles

13.2 Dispute Resolution Process

• Parties agree to attempt resolution of disputes through good faith negotiation before pursuing legal action
• If negotiation fails, disputes may be resolved through mediation with a mutually agreed mediator
• Binding arbitration may be required for certain disputes as specified in individual service agreements
• Legal proceedings are a last resort after exhausting alternative dispute resolution methods

13.3 Limitation of Legal Action

• Any legal action arising from these Terms must be commenced within one year of the dispute arising
• Claims are waived if not brought within this limitation period
• This limitation applies to all forms of legal action including contract, tort, and statutory claims

14. Modifications and Updates

14.1 Terms Modifications

• We reserve the right to modify, update, or replace these Terms at any time at our sole discretion
• Changes will be posted on our Website with an updated effective date
• Continued use of our services after changes constitutes acceptance of modified Terms
• We may provide additional notice of significant changes through email or other communications

14.2 Service Modifications

• We may modify, update, or discontinue services with reasonable notice to clients
• Service modifications are designed to improve quality, efficiency, or compliance
• Clients will be notified of significant service changes that may affect their projects
• We are not liable for any consequences resulting from service modifications

14.3 Notification Procedures

• Important changes will be communicated to active clients through multiple channels
• Clients have the right to terminate services if they disagree with material modifications
• Notice periods will be reasonable and appropriate for the nature of changes

15. General Provisions and Legal Requirements

15.1 Entire Agreement

• These Terms, together with individual service agreements, proposals, and our Privacy Policy, constitute the entire agreement between the parties
• These Terms supersede all prior negotiations, representations, or agreements relating to the subject matter
• Any modifications must be in writing and signed by authorized representatives of both parties

15.2 Severability

• If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions remain in full force and effect
• Invalid provisions will be modified to the minimum extent necessary to make them valid and enforceable
• The invalidity of any provision does not affect the validity of the entire Agreement

15.3 Assignment and Transfer

• Clients may not assign, transfer, or delegate their rights or obligations under these Terms without our prior written consent
• We may assign our rights and obligations under these Terms with reasonable notice to clients
• Any attempted assignment without proper consent is void and of no effect

15.4 Waiver

• No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term
• Our failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision
• All waivers must be in writing and signed by the waiving party

15.5 Notices

• All notices required under these Terms must be in writing and delivered to the addresses specified in the service agreement
• Notices may be delivered by email, registered mail, or other verifiable delivery methods
• Notices are deemed received when delivered or on the third business day after mailing

16. Contact Information and Support

For questions, concerns, or support regarding these Terms of Service, our services, or any related matters, please contact us through the following channels:

Xomitt Limited
Email: info@xomitt.com
Phone: +447955420354
Website: https://xomitt.com
Services Information: https://xomitt.com/services
About Us: https://xomitt.com/about-us/ 

Our customer support team is available to assist you with any questions about these Terms or our services. We strive to respond to all inquiries promptly and professionally.

ACKNOWLEDGMENT AND ACCEPTANCE

By using Xomitt’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety. You further acknowledge that these Terms constitute a legally binding agreement between you and Xomitt Limited.