Terms and Conditions

The XMTopper page hosted on the XMTopper.com website (Webpage) and XMTopper application (App) and related services (together with the Webpage and App, the Service), are brought to you by AAAMT Verticals Pvt. Ltd., India. Access and use of the Service is subject to the following terms and conditions. By using the Service, or using any aspect of the Service, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the Service.

These Terms of Use constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

For the purposes of this Agreement:

Beta means the testing and evaluation of a specific Service by you and other customers or business partners.

Content means digitised content obtained through the Service, such as questions, solutions, hints in text, image, audio or video format and other content.

Feedback means all feedback, suggestions, and ideas (in written form and labeled as Feedback, or, if initially provided orally, which is there after reduced to writing and sent to XMTopper after its oral disclosure and labeled as Feedback) that you provide to XMTopper concerning improvements or enhancements to the Service.

Supported Device means a mobile phone, computer or other supported electronic device on which you are authorised to operate the Service.

Test Observations means all information relating to your use, testing or evaluation of the Service, including all observations or information regarding the performance, features and functionality of the Service or any related materials.

1. 1. Registration

In connection with registering for and use of the Service, you agree to:

1. 1. 1. provide accurate, current and complete information about you as requested by XMTopper;
      2. maintain the confidentiality of your password and other information related to the security of your account;
      3. maintain and promptly update any registration information you provide to XMTopper while registering or during your usage of the Service, to keep such information accurate, current and complete;
      4. be fully responsible for all use of your account and for any actions that take place through your account; and
      5. be contacted by us via emails, phone calls and/or SMS notifications for verification and communication purposes.

In the event any mandatory information is not provided, the registration shall be deemed to be incomplete and use of the Service may be restricted or blocked. By registering, you certify that all information you provide, now or in the future, is accurate.

If you have already registered for an account, you may use your existing credentials to access the App and/or the Services.

1. 1. Use of the App

You may use the App only on Supported Devices. The App will use Wi-fi or mobile data to download data for the App. Where Wi-fi is not available, the App will default to mobile data for downloads, which may occur without prompting the user. You may incur data charges upon usage of mobile data as per your mobile plan.

1. 1. Beta Features

You acknowledge that the Service is being Beta tested and may face outages, breaks in performance and that the Service may not be available at all times. XMTopper  will own in perpetuity any Feedback or Test Observations shared by you. XMTopper may use the Feedback and Test Observations in any manner decided by XMTopper in its sole discretion.

1. 1. Eligibility

Use of the Service is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e., under the age of 18 years, you may use the Service only with the involvement of a parent or guardian. By using the Service, you represent and warrant that you have the authority and capacity to abide by this Agreement.

1. 1. License

We hereby grant you a limited, non-exclusive, non-assignable, non-transferable and revocable license to access the Service solely for your personal, solely on the Supported Devices and expressly conditioned upon your agreement that all such access and use shall be governed by this Agreement. The Content is licensed, not sold, to you by the Content Provider. You hereby expressly agree that you will use the Service only in a manner consistent with this Agreement.

1. 1. Copyrights and Trademarks

The Service and all accompanying materials are copyright protected by XMTopper.com or its affiliates. All logos are trademarks or registered trademarks of XMTopper or its affiliates. All rights reserved. Access and use of the Service does not grant or provide you with the right or license to reproduce, remove, alter or otherwise use any of the copyrights or trademarks or registered trademarks of XMTopper or its affiliates.

Content provided on the Service may be created by XMTopper, procured from third party Content Providers, or sourced from available resources.

All Content including the question papers provided on XMTopper is provided on an as is basis and it makes no representation or warranty as to the adequacy, accuracy, completeness, reliability or correctness of such Content obtained from a third party entity.

1. 1. Liability

You expressly agree that any access or use of the Service and the Content is at your sole risk. XMTopper reserves the right, in its sole discretion and without prior notice, to modify, terminate, or suspend the Service at any time. XMTopper is not responsible for injury or damage resulting from downloading any materials in connection with the Service. The Service may be temporarily unavailable from time to time due to required maintenance, telecommunication interruptions, or other disruptions. Access and use of the Service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons.

XMTopper and/or its associated entities make no representations or warranties or conditions of any kind relating to the accuracy, suitability, completeness, result of use and error-free operation of the Service and its contents, information, software, products, features and services, or the Content, for any purpose.

Any analytical reports generated pursuant to your use of the Service, including your overall rank and percentile or comparison with other customers is limited to customers using the Service and is not indicative of your actual comparison with other students. Usage of our Services does not in any manner guarantee achievement of the same or similar percentile, rank or score in any examinations or admission to any educational institutions.

In no event shall XMTopper and/or its associated entities be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Service, or the delay in or inability to access or use or risk of loss of, the Service or any portion of it, or for any contents, information, software, products, features and services obtained through the Service, including but not limited to the loss of use of the Service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate or incomplete, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, or otherwise arising out of the use of the Service, whether based on contract, tort, strict liability or otherwise.

XMTopper reserves all rights and remedies available by law and in equity for any violation of this Agreement.

1. 1. Termination

XMTopper reserves the right, at its sole discretion, to alter, amend or terminate your access to the Service or any portion of it, at any time, without prior notice, including for any violation of this Agreement, any unauthorised use of the Service by you or assignment or transfer of the rights granted to you. Any termination by XMTopper shall not affect any right or relief to which XMTopper  may be entitled, at law or in equity.

You may terminate your Service at any time by following the instructions available through the Service.

The provisions relating to representations and warranties, intellectual property, indemnification, liability, and miscellaneous provision of this Agreement shall survive any termination.

1. 1. Miscellaneous

Information provided to XMTopper. The Service will provide with information about the use of your XMTopper Application and its interaction with Content and the Service (such as questions attempted, content archiving, available memory, up-time, log files, and signal strength). You authorise XMTopper to use your interactions with the Service to enable functionality of the Service including to determine your rank, personalise content to be displayed to you and other Service features which do not work without using your data. You also authorise XMTopper to transfer your interactions with the Service to any third party service providers who may analyse this data on our behalf. If you do not consent to the use and transfer of your data or interactions with the Service in this manner, do not use the Service. Information provided to XMTopper may be stored on servers that are located outside the country in which you live. Personal information transferred to countries outside of India, if any, will be transferred as permitted by applicable data protection laws.

Information provided to Others. You are responsible for any information you provide to others using the Service. Any information you provide to a third party will be subject to the privacy policy or any similar terms that the third party provides to you, and will not be subject to the XMTopper privacy policy.

Changes to Service; Amendments. We may modify, suspend, or discontinue the Service, in whole or in part, including adding or removing Content from a Service, at any time without notice. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on the Website. Your continued use of the App or any aspect of the Service after the effective date of the revised Agreement terms constitutes your acceptance of the terms.

This Agreement constitutes the entire agreement between XMTopper and you concerning the subject matter hereof. In the event that any of the terms of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. A waiver by XMTopper or you of any provision of this Agreement or any breach of this Agreement, in any one instance, will not waive such term or condition or any subsequent breach of this Agreement. XMTopper may assign its rights or obligations under this Agreement.

Disputes. Any dispute or claim arising from or relating to this Agreement or the Service is subject to the governing law, disclaimer of warranties and limitation of liability and you agree to those terms by entering into this Agreement, purchasing or using Content, or using any aspect of the Service.

Contact Information. For help with the Service, Content, this Agreement or resolving other issues, please contact Customer Service by tapping on the customer support link available in the App or the Webpage.