Terms of Service

These Terms of Service ("Terms") form a binding contract between you (or the entity you represent) and Xten Holdings and its operating subsidiaries ("Xten," "we," "us"). They govern your access to and use of the Xten platform, marketing services, and any related applications, APIs, or documentation we provide.

By creating an account, signing an order form, or otherwise using any Xten service you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must stop using the platform immediately. We may update these Terms from time to time; continued use after a change constitutes acceptance of the revised version.

To use the platform you must register for an account. You are responsible for safeguarding your credentials and for all activity that occurs under your account, whether or not authorised by you. You must notify us immediately if you suspect any unauthorised access.

• › You must be at least 18 years old or have legal authority to bind the organisation you represent.
• › Registration information must be accurate, complete, and kept up to date at all times.
• › Each account is for a single legal entity; sharing credentials across organisations is prohibited.

Xten provides a multi-tenant SaaS platform for education centre management together with optional digital-marketing and growth services. The platform includes student enrollment, class scheduling, attendance tracking, billing, payment processing, parent communication tools, analytics, and white-label branding capabilities.

Where you sign a separate order form or statement of work, the specific terms of that document will prevail over these Terms to the extent of any inconsistency. Service levels, deliverables, and timelines are defined in the applicable order form.

Fees for the platform and any marketing services are set out in your order form or the pricing page at the time of purchase. Unless stated otherwise the following billing terms apply:

• › Subscriptions are billed in advance on a monthly or annual cycle. All fees are quoted in the currency specified on your invoice.
• › Payment is due within fourteen (14) days of invoice date. Late payments accrue interest at 1.5 % per month or the maximum rate permitted by law, whichever is lower.
• › All fees are exclusive of taxes. You are responsible for any applicable VAT, GST, withholding, or sales taxes arising from your use of the services.
• › We may adjust pricing upon thirty (30) days' written notice before the start of a new billing cycle. Continued use after a price change constitutes acceptance.

Certain plans and marketing engagements carry a minimum commitment period as stated in your order form. During that period the subscription cannot be downgraded or cancelled without paying the remaining balance. If no minimum period is specified, the commitment defaults to the current billing cycle.

After the minimum period, either party may cancel by providing at least thirty (30) days' written notice before the next renewal date. Cancellation takes effect at the end of the then-current billing period. Pre-paid fees for unused full months are refundable; partial months are not.

You agree to use the platform and services only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you must not:

• › Use the platform to store, transmit, or distribute any content that is unlawful, defamatory, obscene, or infringing on third-party rights.
• › Attempt to probe, scan, or test the vulnerability of the platform or breach any security or authentication measures.
• › Introduce viruses, trojans, worms, or other malicious code that could harm the platform or other users.
• › Resell, sublicense, or make the platform available to any third party except as expressly permitted by your plan.
• › Use automated scripts or bots to scrape data, create accounts, or generate artificial load on the platform.

We reserve the right to suspend or restrict your access immediately and without notice if we reasonably believe you are in breach of this section. Suspension does not relieve you of your payment obligations.

The Xten platform — including all source code, algorithms, user-interface designs, documentation, trademarks, and trade secrets — is and remains the exclusive property of Xten Holdings. Nothing in these Terms transfers any ownership interest to you. Your subscription grants a limited, non-exclusive, non-transferable licence to use the platform for the term of your agreement.

Any deliverables produced by Xten as part of a marketing or creative engagement (e.g. ad copy, landing pages, graphic assets) are licensed to you on a perpetual, royalty-free basis once the corresponding invoice has been paid in full. We retain the right to showcase anonymised examples of our work for portfolio purposes unless your order form states otherwise.

You retain full ownership of all data, content, student records, and materials that you upload to or create within the platform ("Your Data"). You grant Xten a limited licence to host, process, and display Your Data solely for the purpose of delivering the services. We will not use Your Data for any other purpose without your prior written consent.

Each party may disclose confidential information to the other in connection with these Terms. "Confidential Information" includes any non-public technical, business, or financial information disclosed in writing, orally, or by inspection. The receiving party agrees to protect confidential information with the same degree of care it uses for its own confidential information, but no less than reasonable care.

Confidentiality obligations do not apply to information that is (a) already publicly known through no fault of the receiving party, (b) independently developed without reference to the disclosing party's information, (c) lawfully received from a third party without restriction, or (d) required to be disclosed by law or regulatory authority, provided the receiving party gives prompt notice where permitted.

The platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Xten disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the platform will be uninterrupted, error-free, or completely secure.

Where Xten provides digital-marketing services, we will apply industry-standard care and expertise. However, we do not guarantee specific marketing outcomes such as lead volumes, conversion rates, search-engine rankings, or revenue targets. Marketing results depend on factors outside our control, including market conditions, your responsiveness, and third-party platform policies.

To the maximum extent permitted by applicable law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, regardless of the cause of action or the theory of liability. Without limiting the foregoing:

• › Xten's total aggregate liability for any claims arising under or in connection with these Terms shall not exceed the total fees paid by you to Xten in the twelve (12) months immediately preceding the event giving rise to the claim.
• › Neither party shall be liable for loss of profits, loss of data, business interruption, or loss of goodwill, even if advised of the possibility of such damages.

The limitations in this section do not apply to breaches of confidentiality obligations, indemnification obligations, wilful misconduct, or liability that cannot be excluded under applicable law.

You agree to indemnify, defend, and hold harmless Xten and its officers, directors, employees, and agents from any third-party claims, damages, losses, or expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the platform, or your violation of any applicable law or third-party right.

Xten agrees to indemnify you against third-party claims alleging that the platform, as provided by Xten and used in accordance with these Terms, infringes a valid patent, copyright, or trademark in the jurisdiction where you operate. This obligation does not extend to claims arising from modifications you make, your combination of the platform with third-party products, or use outside the scope of these Terms.

Either party may terminate these Terms immediately upon written notice if the other party commits a material breach and fails to cure that breach within thirty (30) days of receiving written notice specifying the breach. We may also suspend or terminate your account without notice if required by law or if we reasonably determine that your continued use poses a risk to the platform, other users, or third parties.

Upon termination, your right to access the platform ceases immediately. We will make your data available for export for thirty (30) days after the effective termination date, after which it will be permanently deleted. Sections relating to intellectual property, confidentiality, limitation of liability, indemnity, and governing law survive termination.

These Terms are governed by and construed in accordance with the laws of the Republic of Indonesia, without regard to its conflict-of-law principles. The courts of Jakarta shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, subject to the informal resolution process described below.

Before commencing any formal legal proceedings, the parties agree to attempt to resolve any dispute in good faith through direct negotiation. The aggrieved party shall send a written notice describing the dispute, and both parties will endeavour to reach a resolution within thirty (30) days of that notice. If the dispute remains unresolved, either party may then pursue formal proceedings.

• › Entire agreement. These Terms, together with any order forms and the Privacy Policy, constitute the entire agreement between the parties and supersede all prior representations, understandings, or agreements.
• › Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• › Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• › Notices. All legal notices must be sent in writing to the addresses specified in the applicable order form or, if none, to the email addresses on record. Notices are deemed received on the business day after sending.
• › Changes to these Terms. We may revise these Terms at any time by posting the updated version on our website. We will provide at least thirty (30) days' notice of material changes via email or in-app notification. Your continued use of the platform after the effective date of a revision constitutes acceptance.