Terms of Service

1Acceptance of Terms

1.1 Agreement

By creating an account, accessing, or using our Services, you agree to these Terms, our Privacy Policy, and any additional terms applicable to specific Services.

1.2 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Services, you represent and warrant that you meet these requirements.

1.3 Authority

If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2Account Registration and Security

2.1 Account Creation

To access certain features, you must create an account by providing accurate, complete, and current information. You agree to update your information as necessary.

2.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

2.3 Account Restrictions

You may not:

• Create multiple accounts for deceptive purposes
• Share your account credentials with others
• Use another person's account without permission
• Sell, transfer, or assign your account

3Services and Subscriptions

3.1 Service Description

AISphereX provides a business software ecosystem including:

3.2 Subscription Plans

• We offer various subscription plans with different features and pricing
• Plan details, features, and pricing are available on our website
• We may modify plans, features, or pricing with reasonable notice

3.3 Free Plans and Trials

• Free plans or trials may have limited features or usage limits
• We reserve the right to modify or discontinue free offerings at any time

3.4 Affordable Pricing

4Payment Terms

4.1 Billing

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable unless otherwise stated or required by law
• You authorize us to charge your payment method for all applicable fees

4.2 Price Changes

We may change our prices with at least 30 days' notice. Price changes will apply to the next billing cycle after the notice period.

4.3 Taxes

Fees are exclusive of taxes. You are responsible for all applicable taxes, except for taxes based on our income.

4.4 Failed Payments

If payment fails, we may:

• Attempt to charge your payment method again
• Suspend or restrict access to your account
• Terminate your subscription after reasonable notice

5Acceptable Use

5.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms.

5.2 Prohibited Activities

You agree NOT to:

5.3 Enforcement

We may investigate violations and take appropriate action, including suspending or terminating accounts, removing content, and reporting to law enforcement.

6Intellectual Property

6.1 Our Intellectual Property

The Services, including all content, features, functionality, software, designs, and trademarks, are owned by AISphereX and protected by intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes, subject to these Terms.

6.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the Services
• Sublicense, sell, or transfer your rights
• Remove any proprietary notices or labels
• Use our trademarks without written permission

6.4 Your Content

You retain ownership of content you create or upload ("Your Content"). By using our Services, you grant us a limited license to use, store, and process Your Content solely to provide the Services.

7Data and Privacy

7.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

7.2 Data Processing

For business customers, additional data processing terms may apply as set forth in a Data Processing Agreement (DPA).

7.3 Your Data

• You own your data and can export it at any time
• We will not access your data except to provide Services, ensure security, or comply with legal obligations
• Upon account termination, we will delete your data within 90 days (subject to legal retention requirements)

8Third-Party Services

8.1 Integrations

Our Services may integrate with third-party services. Your use of third-party services is subject to their respective terms and privacy policies.

8.2 No Endorsement

Integration with or links to third-party services does not constitute endorsement. We are not responsible for third-party services.

9Disclaimers

9.1 "As Is" Basis

9.2 No Guarantee

We do not guarantee that:

• The Services will be uninterrupted, secure, or error-free
• Results obtained from the Services will be accurate or reliable
• The Services will meet your specific requirements

9.3 Trading Disclaimer (ViveTradeX)

9.4 Automated Content Disclaimer

Automated content and suggestions from our Services (including ViveSmart in Vivelead CRM) may contain errors or inaccuracies. You are responsible for reviewing and verifying all automated outputs before use.

10Limitation of Liability

10.1 Exclusion of Damages

10.2 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• The amounts you paid to us in the 12 months preceding the claim, or
• One hundred US dollars ($100)

10.3 Basis of the Bargain

The limitations in this section reflect the allocation of risk between the parties and are essential to our ability to provide the Services at the current pricing.

11Indemnification

You agree to indemnify, defend, and hold harmless AISphereX and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content

12Term and Termination

12.1 Term

These Terms remain in effect until terminated by either party.

12.2 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Termination does not entitle you to a refund of prepaid fees.

12.3 Termination by Us

We may suspend or terminate your account if:

• You breach these Terms
• You fail to pay applicable fees
• Required by law
• We discontinue the Services (with reasonable notice)

12.4 Effect of Termination

Upon termination:

• Your right to access the Services immediately ceases
• We may delete your data after 90 days
• Sections that should survive termination (e.g., IP rights, limitations of liability) will survive

13Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

13.2 Informal Resolution

Before initiating formal proceedings, you agree to contact us at contact@aispherex.com to attempt to resolve any dispute informally.

13.3 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India. The arbitration shall be conducted in Chandigarh, India.

13.4 Exceptions

Either party may seek injunctive or equitable relief in any court of competent jurisdiction for matters involving intellectual property or data breaches.

14General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms, constitute the entire agreement between you and AISphereX regarding the Services.

14.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

14.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign these Terms without our consent. We may assign these Terms freely.

14.5 Notices

We may provide notices through email, posting on the Services, or other reasonable means. You may contact us at the addresses provided below.

14.6 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

15Changes to These Terms

We may modify these Terms at any time. We will provide notice of material changes through:

• Email notification
• Posting on our website
• In-app notification

Continued use of the Services after changes constitutes acceptance. If you disagree with changes, you must stop using the Services and terminate your account.

16Contact Information

For questions about these Terms, please contact us:

17Product-Specific Terms