Terms of Service

1. Eligibility & Account Responsibility

You must be at least 18 years of age and have the legal authority to enter into binding contracts to use our Services. By registering, you represent and warrant that all information provided is accurate and current. You are solely responsible for all activities that occur under your account and must ensure your credentials are kept confidential. Any unauthorized access must be reported immediately to security@vividlypro.com. ViViD Global Services disclaims all liability for losses resulting from unauthorized account access.

2. Permitted & Prohibited Use

You may use ViViDly solely for lawful, legitimate business communication purposes. You expressly agree NOT to:

• Use the platform to generate, transmit, or store illegal, defamatory, harassing, or fraudulent content.
• Reverse-engineer, decompile, disassemble, or create derivative works of any ViViDly software.
• Scrape, crawl, or systematically download data from any ViViDly platform.
• Use the platform to send unsolicited communications (spam) in violation of any applicable law.
• Circumvent any security, access control, or rate-limiting mechanism of the platform.
• Resell or sublicense access to ViViDly services without express written consent from ViViD Global Services.

Violation of these prohibitions may result in immediate account suspension or termination without refund, and may expose you to civil or criminal liability separately.

3. AI Services & Output

ViViDly provides an AI-powered messaging automation interface utilizing our proprietary AI engine. You acknowledge and agree that: (a) AI-generated responses are not reviewed or endorsed by ViViD Global Services before delivery; (b) you are solely responsible for reviewing, approving, and configuring the AI responses that reach your customers; (c) ViViD Global Services makes no representation that AI outputs will be accurate, appropriate, or compliant with any regulation for your specific industry or use case.

4. Subscriptions, Pricing & Billing

All subscriptions are billed monthly in advance by ViViD Global Services via Razorpay. Prices are listed in Indian Rupees (INR) exclusive of applicable GST. Pricing is subject to change with a minimum 30-day prior notice via email or in-platform notification. Failure to pay on the due date will result in immediate suspension of API webhooks, AI services, and dashboard access. Accounts suspended for non-payment for more than 60 days may be permanently deleted along with all associated data.

5. Intellectual Property

You retain full ownership rights to your Knowledge Base content, customer conversation data, and any proprietary business information you upload to the platform. ViViD Global Services retains exclusive ownership of all intellectual property in the ViViDly platform, including but not limited to source code, architecture, UI/UX designs, AI model configurations, prompt engineering, and brand assets. No license to our intellectual property is granted except the limited right to use the Services as described in these Terms.

6. Data & Privacy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You warrant that you have obtained all necessary consents from your customers to process their data through our platform, including WhatsApp and Instagram communications, in compliance with all applicable data protection laws.

7. Service Availability & SLA

ViViD Global Services endeavors to maintain a high level of platform availability but does not guarantee 100% uptime. Planned maintenance, emergency patches, or third-party API outages (Meta, Google Cloud) may cause temporary service interruptions. No refunds, credits, or compensation will be issued for downtime unless separately agreed in a signed Enterprise SLA contract.

8. Suspension & Termination

ViViD Global Services reserves the right to suspend, restrict, or permanently terminate your account at its sole and absolute discretion — with or without cause, and with or without notice — if it determines that you have violated these Terms, any policy, or any applicable law. Upon termination, all licenses granted to you immediately cease. Data may be deleted after a 30-day grace period. No refunds will be issued for the remaining subscription period upon termination for cause.

9. Limitation of Liability

To the fullest extent permitted by applicable law, ViViD Global Services, its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services. Our total aggregate liability shall not exceed the amount paid by you in the month immediately preceding the claim. See Disclaimer for the full liability waiver.

10. Indemnification

You agree to indemnify, defend, and hold harmless ViViD Global Services and all its affiliates from any third-party claims, actions, proceedings, losses, damages, expenses, and legal costs arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.

11. Governing Law & Dispute Resolution

These Terms shall exclusively be governed by and construed in accordance with the laws of India. Any dispute, controversy, or claim arising out of or relating to these Terms shall first be subject to mandatory mediation and, if unresolved, to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India. No class-action lawsuits or representative proceedings are permitted. The seat and venue of arbitration shall be Uttar Pradesh, India.

12. Modifications to Terms

ViViD Global Services reserves the right to update these Terms at any time. Material changes will be communicated via email or in-platform notice. Continued use of the Services after the modified Terms take effect constitutes your binding acceptance of the revised Terms.