Terms and Conditions for Xtan

1. Introduction

These Terms of Service (“Terms” or “Agreement”) govern your access to and use of Xtan Ltd (“Xtan”, “we”, “us”, or “our”) services, including websites, APIs, applications, email notifications, SMS, widgets, ads, and other related services (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms.

2. Eligibility

1. Xtan is an attendance processing platform and does not provide services to individuals outside their verified relationship with an institution.

2. To use Xtan, you must create an account and provide information such as your name, email, phone number, Matriculation Number, and Institution Code.

3. You must notify us within 14 days of any changes to your registration information.

4. We reserve the right to deny, suspend, or terminate Service delivery to users who present an unacceptable risk.

3. User Relationship and Responsibilities

1. You are responsible for the accuracy of all data supplied on the platform.

2. Xtan and partner institutions are not liable for incorrect data uploaded by you.

3. We do not act as a trustee, fiduciary, or escrow for your information.

4. You must comply with all applicable schemes, commands, and standards.

5. We may terminate this Agreement if your contract with the institution is terminated.

6. Do not submit illegal or fraudulent information and assist us in detecting and preventing fraud.

4. Acceptable Use

1. You may not use the Services in connection with prohibited activities under applicable regulatory rules.

2. Activities must not be false, fraudulent, related to terrorism, infringe rights, violate laws, defamatory, obscene, contain harmful programming, or create liability for Xtan.

3. Misuse, tampering, hacking, or corrupting platform security may result in account termination and legal consequences.

5. Service Fees

1. Institutional partners agree to pay for the Service as negotiated; all fees are exclusive of VAT.

2. Payments must be made in full without deductions, set-offs, or counterclaims.

3. Xtan reserves the right to revise fees upon notice to your institution.

4. No fees are refundable upon termination, and Xtan is not liable for acting on instructions from participating institutions.

6. Warranty

1. Xtan Ltd warrants that the Services will be provided professionally and perform substantially as described.

2. We will make reasonable efforts to correct breaches, restore service, and minimize adverse effects.

3. Xtan Ltd warrants legal registration, full capacity, and adequate internal controls, safeguards, and IT security.

7. Disclaimers and Limitation of Liability

1. Services are provided “AS-IS” and “AS-AVAILABLE” without warranties of any kind.

2. Xtan disclaims all warranties, including merchantability, fitness for purpose, and non-infringement.

3. We are not responsible for: (i) device harm, data loss, or content deletion, (ii) third-party content, or (iii) uninterrupted service.

4. Links to third-party websites are not endorsed; you assume all risk from accessing them.

5. Xtan Ltd’s total liability is limited to ₦100,000 or the amount paid to Xtan, whichever is lower.

8. Governing Law and Jurisdiction

1. These Terms are governed by Nigerian law without regard to conflict of law provisions.

2. All claims or litigation must be brought in Federal or State Courts in Nigeria, and you consent to jurisdiction and venue in such courts.

9. Indemnity

1. Institution shall indemnify and hold Xtan harmless against all actions, costs, claims, liabilities, fines, or damages arising from:

2. • Claims from users, institutions, subscribers, or third parties due to your use of Xtan

3. • Breaches of this Agreement, including security breaches or data theft

4. • Costs for protecting Xtan’s interests and third-party actions

5. • Transactions later found fraudulent

6. • Negligent or willful acts by the institution or its agents

7. • Unapproved modifications of Xtan or content published via Xtan

8. • Partnerships: each partner is jointly and severally liable

9. • Fraudulent activity associated with your account may lead to restriction and reporting to law enforcement.