Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Vyapnova Technologies Private Limited, a company incorporated in India with its registered office in Gurugram, Haryana, India (“Vyapnova”, “we”, “us”). They govern your access to and use of the Vyapnova websites, applications, and services (together, the “Service”). By creating an account, joining the waitlist, or using the Service, you accept these Terms on behalf of yourself and any business you represent, and you confirm you have authority to do so.

These Terms apply in addition to any order form, plan, or written agreement you enter into with us; a signed agreement prevails over these Terms where they conflict.

Vyapnova is an omnichannel AI sales and support agent. The Service connects to your customer messaging channels to automatically respond to customer messages, answer questions about price, availability, and policy from your own catalogue and knowledge base, capture structured requests (orders, bookings, appointments, quotes, callbacks), mirror the customer's language, and escalate conversations to a human when needed. It works across Instagram, WhatsApp, and a website chat widget, with channels and features made available in stages.

Early access. The Service is currently offered in waves of early access. During early access, features may be incomplete, may change, and may be made available, modified, or withdrawn at any time; we do not guarantee that any specific channel or feature is available at a given time. We will communicate material changes that affect your use of the Service.

The Service is available to businesses worldwide. You must be at least 18 years old (or the age of majority where you live, if higher) and capable of forming a binding contract under the laws that apply to you — for merchants in India, the Indian Contract Act, 1872. You must register as, or on behalf of, a lawfully constituted business.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account, including activity by team members you invite. Provide accurate, current, and complete information, keep it up to date, and notify us promptly of any unauthorised use of your account or other security breach.

Sanctions and export control. The Service may not be used by, or for the benefit of, any person or entity subject to sanctions administered by India, the United Nations, the United States, the European Union, or the United Kingdom, or located in a jurisdiction subject to comprehensive sanctions. By using the Service you represent that neither you nor your business is such a person or entity.

You agree that you will not, and will not permit anyone to:

• send unsolicited bulk messages, spam, or any communication that violates applicable anti-spam, telemarketing, or unsolicited commercial communication rules;
• use the Service in any way that breaches the policies of the underlying messaging platforms, including the Meta Platform Terms, the WhatsApp Business Messaging Policy, and Instagram's terms and community guidelines;
• promote, sell, or facilitate illegal goods or services, or goods or services restricted under applicable law or the relevant platform's commerce policies;
• transmit content that is unlawful, defamatory, deceptive, infringing, harmful, or that violates the privacy or intellectual property rights of others;
• attempt to reverse engineer, disrupt, overload, or gain unauthorised access to the Service or its underlying systems, or use the Service to build a competing product.

Our own compliance. Vyapnova integrates with Meta platforms exclusively through official interfaces (the Instagram Messaging API and the WhatsApp Business Platform) and operates under Meta's Platform Terms and Developer Policies, including their data-handling and deletion requirements.

We may investigate and take appropriate action against violations of this section, including removing content and suspending or terminating accounts.

As a merchant, you are responsible for the content of your knowledge base and for the conversations the Service conducts on your behalf. In particular, you are responsible for:

• the accuracy, completeness, and currency of your catalogue, pricing, availability, and policies — the Service draws on what you provide, and outdated or incorrect inputs will produce incorrect replies;
• having a lawful basis and any necessary consents to message your customers and to process their personal data. You act as the Data Fiduciary (India's DPDP Act, 2023) or controller (GDPR and similar laws) for your customers' data, and must comply with the privacy laws that apply to you and your customers;
• maintaining a privacy notice for your own customers that reflects your use of messaging channels and of service providers such as Vyapnova, and honouring your customers' privacy rights;
• ensuring your customers are informed that they are interacting with an automated agent where applicable law requires it — for example, under the EU AI Act for customers in the European Union — and not removing or suppressing disclosures the Service provides for this purpose;
• complying with applicable platform policies and consumer-protection laws — for Indian merchants, including the Consumer Protection Act, 2019 and applicable e-commerce rules — and accurately disclosing prices, taxes, and terms of sale;
• honouring the commitments, offers, and information communicated to your customers through the Service.

Vyapnova is a tool that you direct and control. You, not Vyapnova, are the merchant of record for any transaction with your customers. Vyapnova does not process, collect, or hold customer payments. You alone decide what you sell, to whom, and on what terms — and you are solely responsible for those decisions, for your transactions, and for the commercial outcomes of your business.

Responses generated by the Service are produced using artificial intelligence based on your knowledge base, settings, and conversation context. AI systems can make mistakes, including producing inaccurate, incomplete, or unexpected output.

You retain the ability to review, configure, and control how the Service responds, including taking over any conversation and turning the agent off for a chat. You are responsible for supervising the Service's output to the extent appropriate for your business. We do not guarantee the accuracy, completeness, or suitability of any AI-generated response, and AI output is not professional, legal, medical, or financial advice.

Pricing. Paid plans and their prices are published on our pricing page before you are asked to pay anything. The same public price list applies to everyone. Early-access participation before paid plans launch does not itself create a payment obligation.

Waitlist offer. Waitlist members receive their first month of the basic plan at no charge when their invite opens — one per merchant, non-transferable, no cash value. Details and any additional promotional terms are stated with the offer.

Billing — no auto-renewal. Paid subscriptions are prepaid for a fixed period and do not renew automatically: we do not store a payment mandate and we never charge you again unless you actively choose to renew. If a period ends without renewal, paid features stop and your data remains retrievable as described in Section 11. Renewals are charged at the then-published price; we will give at least 30 days' notice by email before a price increase applies to you.

Taxes. Prices are exclusive of applicable taxes (including GST for Indian customers), which are charged in addition where required. You are responsible for any taxes applicable to you outside our collection obligation.

Refunds and cancellations are governed by our Refund & Cancellation Policy.

Your content stays yours. You retain all rights in the content you provide to the Service — your catalogue, media, policies, FAQs, and your customers' conversations (“Your Content”). You grant Vyapnova a limited, non-exclusive licence to host, process, transmit, display, analyse, and index Your Content, and to create technical derivatives of it (such as the search embeddings used to answer your customers), in each case solely to provide, secure, and support the Service for you and as permitted by our Privacy Policy. We do not use Your Content or your customers' conversations to train foundation models, and we do not permit our AI sub-processors to do so.

Our IP. The Service, including its software, design, and the Vyapnova name and marks, is owned by Vyapnova Technologies Private Limited or its licensors. No rights are granted except as expressly stated in these Terms. If you send us feedback or suggestions, we may use them without restriction or obligation.

Our Privacy Policy describes how we handle personal data, including data received from Meta platforms, our sub-processors, retention, and deletion. For your customers' personal data, we act as your processor on your documented instructions; the Service provides per-customer export and erasure tools, and our Data Processing Agreement forms part of these Terms and governs that processing. A countersigned copy is available at hello@vyapnova.com.

The Service depends on third-party platforms and providers — including Meta (Instagram, WhatsApp) and our cloud and AI providers — whose APIs, policies, and availability are outside our control and may change, be restricted, or be discontinued. Your use of those platforms remains subject to their own terms. We are not responsible for third-party platform outages, policy changes, or actions (including restrictions on a merchant's platform accounts), though we will make reasonable efforts to adapt the Service to material platform changes.

You may stop using the Service and delete your account at any time. We may suspend or terminate access where you materially breach these Terms, where required by law or a platform obligation, or where continued provision would create security or legal risk — with notice where reasonably practicable. If we terminate your access without cause, or discontinue the Service, we will refund the unused portion of any prepaid period pro-rata; termination for your material breach does not entitle you to a refund.

Data retrieval. For 30 days after termination or account deletion you may request an export of your data (including your knowledge base and customer requests), after which we delete personal data in accordance with the retention schedule in our Privacy Policy. Sections that by their nature should survive termination (including 8, 12, 13, 14, 15, and 17) survive.

The Service is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that AI-generated output will be accurate or complete. Nothing in these Terms excludes rights that applicable law does not allow to be excluded, including mandatory consumer protections in your country.

No guarantee of business results. The Service is a communication and workflow tool. We make no promise that using it will produce sales, leads, revenue, or profit, or prevent losses. Your business outcomes depend on your products, prices, decisions, and market — the profits of your business are yours, and so are its losses; neither is attributable to Vyapnova.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total aggregate liability arising out of or related to the Service is limited to the greater of (a) the amounts you paid to Vyapnova for the Service in the three months preceding the event giving rise to the claim, and (b) ₹5,000 (or its equivalent in the currency you paid in). These limits do not apply to liability that cannot be limited by law, to your payment obligations, or to either party's liability for wilful misconduct.

You agree to indemnify, defend, and hold harmless Vyapnova Technologies Private Limited and its officers, directors, employees, and agents from claims, liabilities, damages, and expenses (including reasonable legal fees) arising out of Your Content, your use of the Service in breach of these Terms, your violation of applicable law or platform policies, or your dealings with your customers.

These Terms are governed by the laws of India, without regard to conflict-of-laws principles. Subject to any mandatory consumer-protection rights in your country of residence, the courts at Gurugram, Haryana, India have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service.

We may update these Terms as the Service evolves. The “Last updated” date above reflects the current version. For material changes we will give notice by email or in-product message at least 15 days before they take effect; continued use after the effective date constitutes acceptance. If you do not agree to a change, stop using the Service and simply do not renew your subscription.

Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control — including natural disasters, war, terrorism, civil unrest, labour disputes, internet or utility failures, government action, and failures or restrictions of the third-party platforms and providers described in Section 10 — except for payment obligations already accrued.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, corporate reorganisation, or sale of assets, with notice to you.

Severability and waiver. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. A failure to enforce a provision is not a waiver of the right to enforce it later.

Entire agreement. These Terms, together with the policies they reference (including the Privacy Policy and the Refund & Cancellation Policy) and any signed agreement between you and us, are the entire agreement regarding the Service and supersede prior discussions and understandings.

Notices. We may give notice by email to your registered address or by in-product message; you may give notice by email to hello@vyapnova.com. Notices are deemed received on the next business day after sending.

Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Vyapnova.

Vyapnova Technologies Private Limited
Registered office: Gurugram, Haryana, India
Email (legal, privacy, and general matters): hello@vyapnova.com