Terms of Use

Welcome to ONISTA, a brand of Xcel Marketing.

These Terms of Use govern your access to and use of the ONISTA website, applications, digital platforms, products, services, connected technologies, communication services, and other offerings made available by ONISTA.

By accessing, browsing, purchasing, registering for, or using any ONISTA website, application, product, service, or digital platform, you agree to be bound by these Terms of Use.

If you do not agree with these Terms, please do not use the relevant ONISTA website, application, product, or service.

1. About ONISTA

ONISTA is a brand of Xcel Marketing.

ONISTA operates in the digital technology and product sector and may develop, manufacture, integrate, supply, or provide technology-enabled products and services for businesses, institutions, organizations, and other users.

Our offerings may include audio and communication products, connected and IoT-enabled devices, software, mobile applications, digital platforms, automation systems, communication technologies, and customized technology solutions.

The specific features, functionality, specifications, pricing, availability, and conditions applicable to a particular product or service may vary and may be described separately at the time of purchase, registration, quotation, deployment, or use.

2. Acceptance of These Terms

By using ONISTA's website, applications, products, or services, you confirm that:

• You have read and understood these Terms.

• You agree to comply with these Terms.

• You will use the relevant services only for lawful purposes.

• Information provided by you to ONISTA will be accurate and not intentionally misleading.

• If you are using a service on behalf of an organization, you have the authority to act on its behalf.

If you do not agree with these Terms, you must discontinue use of the relevant ONISTA service.

3. Changes to Products and Services

ONISTA continuously develops and improves its products and services.

Accordingly, we may:

• Add, modify, improve, or remove features.

• Update software or applications.

• Change technical specifications.

• Modify interfaces or functionality.

• Introduce new products or services.

• Discontinue products, features, or services where reasonably necessary.

Where a particular service is subject to separate contractual or service-specific terms, those terms may apply in addition to these Terms.

4. User Accounts and Access Credentials

Certain ONISTA products or services may require registration, an account, login credentials, authentication, access codes, device registration, or other security mechanisms.

Where applicable, you are responsible for:

• Providing accurate registration information.

• Maintaining the confidentiality of your credentials.

• Protecting access codes, passwords, and authentication information.

• Preventing unauthorized access to your account or devices.

• Promptly informing ONISTA if you suspect unauthorized access or misuse.

You are responsible for activities carried out through credentials or access mechanisms assigned to you, except where the activity results directly from a security failure attributable to ONISTA.

ONISTA may require additional verification where reasonably necessary for security or service administration.

5. Acceptable Use

You agree to use ONISTA products and services responsibly and in accordance with applicable laws and regulations.

You must not use ONISTA services to:

• Conduct or facilitate unlawful activities.

• Commit fraud or deception.

• Impersonate another person, organization, or entity.

• Misrepresent your identity, affiliation, or authority.

• Harass, threaten, abuse, or deliberately harm another person.

• Distribute malicious software, viruses, malware, or harmful code.

• Attempt to gain unauthorized access to ONISTA systems, accounts, networks, or devices.

• Circumvent security or authentication mechanisms.

• Interfere with the normal operation of ONISTA services.

• Reverse engineer or attempt to obtain source code where prohibited by law or these Terms.

• Use ONISTA systems to infringe intellectual property, privacy, or other legal rights of another party.

• Collect personal information about others unlawfully.

• Use ONISTA services in a manner that violates applicable communication, privacy, consumer-protection, or technology laws.

6. Customer Content and Responsibility

Where an ONISTA service allows you to create, upload, transmit, store, publish, or otherwise provide content, you remain responsible for that content.

You represent that you have the necessary rights, permissions, and authority to provide such content to ONISTA and to use it through the relevant service.

You must not submit content that is unlawful, fraudulent, misleading, defamatory, threatening, abusive, discriminatory, infringing, malicious, or otherwise prohibited by applicable law or the relevant service rules.

ONISTA does not assume responsibility for the legality, accuracy, ownership, or suitability of content supplied by users.

7. RCS Business Messaging

ONISTA may use RCS Business Messaging and related messaging technologies to communicate with users and customers.

Where RCS is used, your use of or interaction with an ONISTA RCS Business Messaging agent may also be subject to the applicable policies, requirements, and technical rules established by Google, Jibe, mobile network operators, and other relevant RCS service providers.

7.1 Compliance With RCS Requirements

ONISTA will use RCS Business Messaging in accordance with applicable RCS requirements and applicable laws.

Users interacting with ONISTA through RCS must not use the communication channel to:

• Conduct unlawful activities.

• Generate fraudulent or artificially manipulated activity.

• Interfere with the operation of RCS services.

• Engage in deceptive or misleading practices.

• Send or request content prohibited by applicable RCS policies.

• Use RCS to infringe intellectual property or privacy rights.

• Attempt unauthorized access to messaging systems or accounts.

• Transmit malicious software or harmful technical content.

Google's RCS policies prohibit various categories of prohibited content and require businesses to follow applicable editorial, technical, legal, and content requirements. ONISTA may therefore restrict, reject, suspend, or discontinue communications that it reasonably believes may violate applicable RCS requirements.

7.2 Messaging Authorization

Where ONISTA communicates with a user through RCS, SMS, or another messaging channel, the relevant communication will be based on an applicable lawful basis, authorization, request, consent, or other permitted communication mechanism.

Where consent or opt-in is required, ONISTA will use appropriate consent mechanisms.

Users should provide only telephone numbers and contact information that they are authorized to provide.

7.3 Promotional Communications

Promotional communications will be subject to applicable laws, regulations, platform requirements, and available opt-in/opt-out mechanisms.

Users may opt out of promotional communications where an applicable opt-out mechanism is provided.

Opting out of promotional communications does not necessarily prevent essential service, transactional, security, account, or support communications.

7.4 RCS Platform Processing

RCS communications may involve Google, Jibe, mobile network operators, messaging providers, infrastructure providers, and other technology partners involved in delivering and operating the RCS service.

ONISTA's RCS usage is therefore also subject to applicable platform terms and policies.

Nothing in these Terms is intended to override or supersede applicable Google or RCS platform terms. Google's RCS terms require businesses to maintain accurate, legally compliant Terms and Privacy Policy and to obtain required consents for processing personal data.

8. Communication Delivery

Where ONISTA uses third-party networks or communication providers to deliver messages, notifications, calls, RCS messages, SMS, emails, or other communications, delivery may depend on external systems and network conditions.

ONISTA does not guarantee that every communication will:

• Be delivered immediately.

• Be delivered without interruption.

• Reach the intended recipient.

• Remain available indefinitely.

• Be unaffected by network, device, carrier, platform, or technical limitations.

We will make reasonable efforts to operate communication services reliably, but delivery may depend on systems outside our direct control.

9. Third-Party Services

ONISTA may use or integrate third-party services, APIs, cloud infrastructure, payment services, communication networks, hosting providers, analytics services, software libraries, or other external technologies.

Third-party services may have their own terms and policies.

Your use of such services may therefore be subject to their applicable terms in addition to these Terms.

ONISTA is not responsible for interruptions, changes, failures, policies, or practices of independent third-party services outside our reasonable control.

10. Intellectual Property

Unless otherwise stated, all intellectual property associated with ONISTA's website, products, applications, software, interfaces, documentation, graphics, designs, logos, trademarks, content, databases, technology, and related materials belongs to or is lawfully used by Xcel Marketing / ONISTA or its licensors.

This includes, where applicable:

• ONISTA trademarks and logos

• Product designs

• Software and application code

• User interfaces

• Graphics and artwork

• Documentation

• Website content

• Product names

• Audio and media assets

• Databases and data structures

• Technical designs and specifications

• Proprietary processes and technology

No ownership rights are transferred to you merely because you access or use an ONISTA service.

11. Limited Right to Use Software and Applications

Where ONISTA provides software, firmware, mobile applications, web applications, or other proprietary technology, you receive only the limited right necessary to use the relevant product or service for its intended purpose.

Unless expressly permitted by ONISTA or applicable law, you must not:

• Copy proprietary software.

• Sell, rent, lease, sublicense, or redistribute it.

• Modify or create derivative works from it.

• Reverse engineer, decompile, or disassemble it.

• Attempt to extract source code or proprietary algorithms.

• Remove copyright, trademark, or proprietary notices.

• Circumvent technical restrictions.

• Use the software to develop an unauthorized competing product.

ONISTA retains all rights not expressly granted to you.

12. Customized Products and Solutions

Certain ONISTA products or services may be developed, configured, integrated, or customized according to specific customer requirements.

Unless expressly agreed otherwise in writing:

• ONISTA retains ownership of its underlying technology, frameworks, software components, tools, methodologies, designs, libraries, know-how, and pre-existing intellectual property.

• Customer-specific requirements do not automatically transfer ownership of ONISTA's underlying technology.

• Any ownership or licensing arrangement that differs from these Terms must be expressly agreed in writing.

Customized implementation may also depend on information, specifications, infrastructure, hardware, software, connectivity, or cooperation provided by the customer.

13. Product Information and Specifications

We make reasonable efforts to ensure that product descriptions, technical information, specifications, photographs, illustrations, and other information presented on our website or through our sales channels are accurate.

However, certain information may change as products are updated, improved, manufactured in different batches, or modified for technical or regulatory reasons.

Minor differences in appearance, packaging, components, interface, dimensions, or technical implementation may therefore occur where they do not materially alter the intended functionality of the product.

14. Availability of Website and Services

ONISTA aims to maintain reliable access to its website and digital services.

However, availability may be affected by:

• Scheduled maintenance

• Software updates

• Hardware failures

• Network interruptions

• Internet service problems

• Cloud or hosting issues

• Telecommunications outages

• Cybersecurity incidents

• Third-party service failures

• Force majeure events

• Other circumstances outside our reasonable control

Accordingly, ONISTA does not guarantee uninterrupted or error-free availability of every website, application, product, or service.

15. Product and Service Use

You are responsible for using ONISTA products and services in accordance with:

• Their intended purpose

• Applicable instructions

• Technical documentation

• Safety requirements

• Applicable laws and regulations

You should not modify, misuse, tamper with, or operate a product in a manner inconsistent with its intended use or published instructions.

Where a product requires professional installation, electrical work, networking, configuration, or other specialized activity, appropriate qualified personnel should be used where required.

16. Disclaimer of Warranties

Except where ONISTA has expressly provided a specific warranty for a particular product or service, ONISTA's website, software, digital services, and other services are provided on an “as available” and “as is” basis to the extent permitted by applicable law.

17. Limitation of Liability

To the maximum extent permitted by applicable law, ONISTA and Xcel Marketing will not be liable for indirect, incidental, special, consequential, exemplary, or punitive losses arising from or relating to the use of our website, products, applications, services, or third-party services.

This may include, where legally permissible:

• Loss of profits

• Loss of business opportunities

• Loss of anticipated savings

• Loss of data

• Business interruption

• Loss arising from third-party service failure

• Communication or network failure

• Loss arising from unauthorized use of an account caused by the user's failure to protect credentials

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.

18. User Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ONISTA, Xcel Marketing, and their respective directors, officers, employees, representatives, contractors, and service providers from claims, liabilities, losses, damages, costs, and reasonable expenses arising from:

• Your unlawful or unauthorized use of our services.

• Your breach of these Terms.

• Content or information supplied by you.

• Your infringement of another party's intellectual property or other rights.

• Your violation of applicable law.

• Your misuse of RCS, SMS, email, or other communication services.

• Claims arising from information or content you submit or transmit through our services.

19. Suspension or Termination

ONISTA may restrict, suspend, disable, or terminate access to a website, application, account, product feature, or service where reasonably necessary, including where:

• These Terms are violated.

• Applicable law or regulatory requirements require action.

• Fraud, abuse, or misuse is suspected.

• Security is threatened.

• A third-party platform or service requires suspension.

• Continued access may cause harm to ONISTA, other users, or third parties.

• Payment or contractual obligations applicable to a specific service are not met.

• The relevant product or service is discontinued.

Where reasonably practical and legally permissible, ONISTA may provide notice before taking such action.

Suspension or termination does not remove obligations that arose before the effective date of suspension or termination.

20. Force Majeure

ONISTA will not be responsible for delays, interruptions, or failure to perform obligations to the extent caused by circumstances beyond our reasonable control.

Such circumstances may include natural disasters, fire, flood, severe weather, war, civil disturbance, government action, regulatory changes, telecommunications failures, Internet outages, power failures, cyber incidents, infrastructure failures, supply-chain disruptions, labor disputes, or failures of third-party providers.

21. Privacy

Your use of ONISTA services is also subject to our Privacy Policy, which explains how we collect, use, process, and protect personal information.

The Privacy Policy forms an important part of your relationship with ONISTA.

Where RCS Business Messaging is used, the Privacy Policy also addresses relevant RCS-related processing and communication practices.

22. Changes to These Terms

ONISTA may update these Terms from time to time to reflect changes in our services, technology, business practices, legal requirements, or platform requirements.

When we make changes, we may update the Effective Date displayed at the beginning of these Terms.

Continued use of the relevant website, application, product, or service after updated Terms become effective may constitute acceptance of the revised Terms, to the extent permitted by applicable law.

Where appropriate, we may provide additional notice of material changes.

23. Governing Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws applicable in India.

Subject to any mandatory rights or remedies available under applicable law, disputes arising in connection with these Terms or the use of ONISTA services shall be subject to the jurisdiction of the courts having appropriate jurisdiction over the location of Xcel Marketing's principal/registered business establishment.

[CONFIRM CITY/STATE BEFORE PUBLICATION]

24. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be interpreted or modified to the extent necessary to make it enforceable where legally permissible.

The remaining provisions shall continue to remain in effect.

25. Entire Agreement

These Terms, together with any applicable product-specific terms, service agreements, quotations, order documents, policies, and the ONISTA Privacy Policy, constitute the applicable understanding governing your use of the relevant ONISTA services.

Where a specific written agreement expressly applies to a particular product or service, the specific agreement may prevail over these general Terms to the extent of any inconsistency.

26. Contact Us

If you have questions regarding these Terms, you may contact:

ONISTA
A brand of Xcel Marketing

Email: info@onista.in

© 2026 Xcel Marketing. All Rights Reserved.

ONISTA is a brand of Xcel Marketing.