Terms & Conditions

Clear, Fair Terms for Your Business Success

Welcome to ViveLead! These Terms and Conditions govern your use of our CRM and lead management services. We’ve written them in clear, straightforward language to ensure you understand your rights and responsibilities when using our platform.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING THE WEBSITE

IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THIS AGREEMENT AND AGREE TO IT FOR YOU. IF YOU DON’T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DO NOT HAVE PERMISSION TO USE THIS SITE.

BY ACCESSING, VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR ANY SERVICES OFFERED BY ViveLead, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SERVICES.

We may update these terms periodically. It is your responsibility to review them regularly for any changes.

In compliance with the Information Technology Act, 2000, this document is an electronic record and does not require physical or digital signatures. These Terms of Service outline the services we provide, how we operate, and the conditions of our business relationship.

DEFINITIONS

To ensure clarity throughout this agreement, here are the key terms we use:

“ViveLead,” “we,” “us,” or “our” refers to ViveLead, operating through www.vivelead.com, providing CRM and lead management services.

“You,” “Customer,” or “User” refers to the individual, business, or entity using our services, whether as a paying subscriber or trial user.

“Services” refer to all CRM, lead management, sales automation, analytics, and related digital services provided by ViveLead through our platform.

“Subscription Services” refer to ongoing services provided based on a monthly, quarterly, or annual subscription model.

“Platform” refers to the ViveLead web application, mobile apps, and all associated software and tools.

“MoU” or “Service Agreement” refers to any written agreement or contract between ViveLead and the Customer detailing the specific scope of services, features, and payment terms.

“Confidential Information” refers to any proprietary, sensitive, or non-public information shared between parties, including customer data, business processes, and technical specifications.

“User Data” refers to all information, content, and data that you upload, store, or process through our Services.

SCOPE OF SERVICES

1. Subscription Services

Service Access: During your active subscription period, ViveLead grants you a non-transferable, non-exclusive right to access and use our services according to your chosen plan and any agreed MoU.

Core Services Include:

• Lead capture, tracking, and management tools
• Customer relationship management (CRM) functionality
• Sales pipeline and deal management
• Team collaboration and communication tools
• Analytics, reporting, and business intelligence
• Integration capabilities with third-party platforms
• Mobile and web application access

Service Modifications:

• You may upgrade or add features at any time by modifying your subscription
• ViveLead may update, enhance, or modify services to improve functionality
• Major changes will be communicated with advance notice
• Service availability may be temporarily impacted by planned maintenance

Service Levels:

• 99.9% uptime guarantee (excluding scheduled maintenance)
• 24/7 technical support for paid subscribers
• Regular data backups and security monitoring
• Compliance with industry-standard security practices

2. Professional Services

Consulting Services: ViveLead may offer professional consulting services, including:

• Implementation and onboarding assistance
• Custom training and user education
• Business process optimization consulting
• Marketing strategy development
• Custom integration development
• Data migration and setup services

Delivery: Professional services are delivered according to specific project agreements and timelines established in your MoU.

3. Third-Party Integrations

External Services: ViveLead integrates with various third-party providers for:

• Cloud hosting and infrastructure (AWS, Google Cloud)
• Payment processing (Razorpay, Stripe, PayPal)
• Communication services (email, SMS, telephony)
• Analytics and tracking (Google Analytics, Facebook Pixel)
• Business applications (Google Workspace, Microsoft 365)

Responsibility: While we ensure the reliability of our chosen providers, ViveLead is not liable for the independent actions, policies, or service interruptions of third-party services.

ACCEPTABLE USE POLICY

By using our services, you agree to comply with the following guidelines:

Permitted Uses

• Using ViveLead for legitimate business purposes
• Storing and managing your customer and lead data
• Collaborating with your team members and authorized users
• Integrating with approved third-party business applications
• Accessing reporting and analytics for business intelligence

Prohibited Activities

Technical Violations:

• Unauthorized data scraping, deep-linking, or automated bot interactions
• Attempting to reverse engineer, decompile, or hack our platform
• Gaining unauthorized access to our systems or other users’ accounts
• Interfering with the proper functioning of our services
• Overloading our systems with excessive requests or usage

Content Violations:

• Uploading, storing, or distributing harmful, illegal, or infringing content
• Sharing content that violates intellectual property rights
• Storing malware, viruses, or other malicious code
• Distributing spam, phishing content, or fraudulent materials

Business Violations:

• Reselling, renting, or leasing our services without explicit authorization
• Using our services to compete directly with ViveLead
• Violating applicable laws, regulations, or industry standards
• Engaging in activities that harm our reputation or business interests

Enforcement

ViveLead reserves the right to:

• Investigate suspected violations of this policy
• Suspend or terminate access for policy violations
• Remove or restrict access to offending content
• Cooperate with law enforcement when necessary
• Take legal action to protect our rights and interests

PAYMENT TERMS & BILLING

Subscription Fees

Payment Schedule: Unless otherwise specified in your MoU:

• Monthly Subscriptions: Paid in advance on the same date each month
• Annual Subscriptions: Paid in advance for the full year with applicable discounts
• Enterprise Plans: Custom billing arrangements as per agreement

Accepted Payment Methods:

• Credit and debit cards (Visa, MasterCard, American Express)
• Bank transfers and wire payments
• Digital wallets (PayPal, Google Pay, etc.)
• Invoice-based payments for enterprise customers

Currency: Payments can be made in Indian Rupees (INR) or US Dollars (USD) depending on your location and plan selection.

Professional Services

Consulting Fees: Professional services must be paid according to the terms specified in your project agreement, typically:

• 50% advance payment before project commencement
• Remaining balance upon project completion or milestone achievement
• Hourly consulting rates billed monthly for ongoing services

Additional Charges

Usage Overages: If you exceed the limits of your subscription plan:

• Additional users beyond your plan limit
• Extra storage beyond allocated amounts
• Premium integrations or custom features
• Advanced support or priority assistance

Late Payment: Delayed payments may incur:

• Interest charges at 1.5% per month (or maximum allowed by law)
• Service suspension after 15 days of non-payment
• Collection fees for significantly overdue accounts

Refunds and Credits

General Policy: All payments are non-refundable unless:

• Explicitly stated in your MoU or service agreement
• Required by applicable consumer protection laws
• ViveLead fails to deliver agreed-upon services
• Technical issues prevent service usage for extended periods

Credit Applications: Service credits may be provided for verified service outages or performance issues that fall below our service level agreements.

DATA PROTECTION & PRIVACY

Our Commitment to Data Security

ViveLead takes data protection seriously and implements industry-standard security measures:

• End-to-end encryption for data transmission and storage
• Regular security audits and vulnerability assessments
• Access controls and authentication mechanisms
• Compliance with applicable data protection regulations

Data Usage and Sharing

Your Data Remains Yours:

• We do not sell, rent, or share your customer data with third parties for marketing purposes
• Your business data is used solely to provide and improve our services
• You retain full ownership and control of all data you store in ViveLead

Third-Party Sharing: We may share data only when:

• Required by law, court order, or regulatory authority
• Necessary to provide requested services (e.g., payment processing)
• You explicitly authorize specific integrations or data sharing
• Essential for technical support or service maintenance

Your Responsibilities

Data Permissions: You are responsible for:

• Obtaining all necessary permissions before sharing customer data with us
• Ensuring compliance with applicable privacy laws in your jurisdiction
• Maintaining the accuracy and legality of data you store in our system
• Respecting the privacy rights of your customers and leads

Data Processing Agreements: For enterprise customers or specific compliance requirements, ViveLead will enter into Data Processing Agreements (DPA) to meet regulatory obligations under GDPR, CCPA, or other applicable laws.

Detailed Privacy Information: For comprehensive information about how we handle your data, please refer to our Privacy Policy at www.vivelead.com/privacy-policy.

SERVICE TERM & TERMINATION

Initial Term and Renewal

Service Period:

• The initial term of services is specified in your subscription or MoU
• Services automatically renew for successive periods unless cancelled
• Renewal terms and pricing may be updated with 30 days advance notice

Cancellation Requirements:

• Monthly subscriptions: Cancel anytime with immediate effect at the end of the current billing period
• Annual subscriptions: Provide 30 days written notice before renewal date
• Enterprise agreements: Follow specific termination provisions in your MoU

Service Suspension

ViveLead may temporarily suspend your access if:

• Payment becomes overdue beyond 15 days despite notices
• You violate our Acceptable Use Policy
• We detect suspicious or potentially harmful activity
• Technical issues require temporary service interruption
• Legal or regulatory requirements mandate suspension

Suspension Process:

• Advanced warning when possible (except for security issues)
• Opportunity to resolve issues and restore service
• Data preservation during reasonable suspension periods
• Clear communication about steps needed for restoration

Termination Rights

Termination for Cause: Either party may terminate this agreement if:

• The other party materially breaches the terms and fails to resolve the issue within 30 days of written notice
• Insolvency, bankruptcy, or cessation of business operations
• Violation of laws or regulations that impact service delivery
• Breach of confidentiality or security obligations

Termination for Convenience:

• You may terminate your subscription at any time according to your plan terms
• ViveLead may terminate with 60 days advance notice for business reasons

Post-Termination

Final Payment: All outstanding payments become due immediately upon termination

Data Retention:

• Your data will be retained for 30 days after termination to allow for data export
• You can request immediate data deletion if preferred
• After 30 days, data is permanently deleted from our systems (except as required by law)
• We will provide data export assistance during the retention period

Service Transition: We will reasonably assist with service transition and data migration to alternative platforms when requested.

LIMITATION OF LIABILITY

Scope of Liability

Direct Damages: ViveLead’s total liability for any claims related to our services is limited to the amount paid by you in the past three (3) months or ₹25,000 (whichever is lesser).

Excluded Damages: ViveLead is not liable for:

• Indirect, incidental, special, or consequential damages
• Lost profits, revenue, savings, or business opportunities
• Data loss or corruption (beyond our data recovery efforts)
• Third-party claims or actions
• Force majeure events or circumstances beyond our control

Service Availability

Uptime Commitment: We strive for 99.9% service availability but do not guarantee uninterrupted service due to:

• Scheduled maintenance and updates
• Third-party service provider outages
• Internet connectivity issues
• Cyber-attacks, security incidents, or technical failures
• Natural disasters or other force majeure events

Service Credits: For verified service outages exceeding our uptime commitment, we may provide service credits as specified in your service level agreement.

User Responsibilities

Risk Mitigation: You acknowledge responsibility for:

• Regular data backups and disaster recovery planning
• Implementing appropriate security measures for your business
• Training users on proper system usage and security practices
• Monitoring your account for unauthorized access or unusual activity

INTELLECTUAL PROPERTY

ViveLead’s Rights

Platform Ownership: ViveLead retains all rights, title, and interest in:

• The ViveLead platform, software, and technology
• Our trademarks, logos, and brand materials
• Proprietary algorithms, methodologies, and processes
• Documentation, training materials, and support content

License Grant: We grant you a limited, non-exclusive, non-transferable license to use our services during your subscription period according to these terms.

Your Rights

Your Data: You retain full ownership of:

• All customer and business data you store in ViveLead
• Content you create using our platform
• Your business processes and methodologies
• Your customer relationships and business intelligence

Feedback and Suggestions: Any feedback, suggestions, or ideas you provide about our services may be used by ViveLead to improve our platform without obligation or compensation.

Respect for Third-Party Rights

Both parties agree to:

• Respect intellectual property rights of others
• Not infringe on patents, copyrights, trademarks, or trade secrets
• Promptly address any intellectual property claims
• Indemnify each other against claims arising from authorized use of services

CONFIDENTIALITY

Mutual Obligations

Both ViveLead and you agree to:

• Protect Confidential Information: Keep all confidential information secure and prevent unauthorized disclosure
• Limited Use: Use shared confidential information solely for the purpose of service delivery and business relationship
• Access Controls: Limit access to confidential information to authorized personnel who need it for legitimate business purposes
• Return or Destruction: Return or securely destroy confidential information upon termination of services

What Constitutes Confidential Information

ViveLead’s Confidential Information:

• Technical specifications and system architecture
• Business strategies, pricing, and competitive information
• Customer lists and business relationships (excluding your own data)
• Proprietary methodologies and algorithms

Your Confidential Information:

• Customer and lead data stored in our system
• Business processes and sales strategies
• Financial information and performance metrics
• Strategic plans and competitive intelligence

Exceptions to Confidentiality

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach of this agreement
• Is independently developed without use of confidential information
• Is required to be disclosed by law, regulation, or court order
• Is approved for disclosure by written consent of the disclosing party

Legal Disclosure: If disclosure is required by law, the receiving party will:

• Provide advance notice when legally permissible
• Limit disclosure to the minimum required
• Seek protective orders when appropriate
• Assist in challenging overbroad disclosure requests

COMPLIANCE & ANTI-CORRUPTION

Legal Compliance

You agree to use ViveLead services in compliance with:

• All applicable local, national, and international laws
• Industry regulations relevant to your business
• Data protection and privacy requirements
• Export control and trade restriction laws
• Anti-money laundering and counter-terrorism financing rules

Anti-Corruption Policy

Both parties commit to: Prohibited Activities:

• Offering, promising, or providing bribes or unlawful payments
• Accepting kickbacks or improper benefits
• Engaging in fraudulent business practices
• Facilitating corruption or unethical conduct
• Violating anti-bribery laws or regulations

Reporting: If you become aware of any potential violation of anti-corruption laws in connection with our services, you must promptly report it to ViveLead.

Consequences: Discovery of corrupt practices will result in immediate termination of services and may lead to legal action.

Regulatory Compliance

Industry-Specific Requirements:

• Healthcare: HIPAA compliance for medical data
• Financial Services: PCI DSS for payment data
• Education: FERPA for student information
• Government: Security clearance and data residency requirements

International Compliance:

• GDPR for European Union data subjects
• CCPA for California residents
• PIPEDA for Canadian personal information
• Other regional privacy and data protection laws

DISPUTE RESOLUTION

Governing Law

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

Language: All proceedings and communications will be conducted in English.

Interpretation: Indian courts will have final authority on the interpretation of these terms.

Resolution Process

Step 1 - Direct Negotiation:

• Initial disputes should be addressed directly between the parties
• Good faith effort to resolve issues within 30 days
• Documentation of attempts at resolution

Step 2 - Mediation:

• If direct negotiation fails, disputes may be submitted to mediation
• Mutually agreed mediator or mediation service
• Costs shared equally between parties
• 60-day mediation period

Step 3 - Arbitration:

• Disputes not resolved through mediation will be settled by binding arbitration
• Conducted under the Arbitration and Conciliation Act, 1996
• Single arbitrator chosen by mutual agreement or appointed by arbitration institution
• Venue: Delhi, India
• Language: English

Court Jurisdiction: If arbitration is not feasible or fails, disputes will be resolved in the competent courts of Delhi, India.

Limitations

Time Limits:

• Claims must be brought within one (1) year of the date the cause of action arose
• Delayed claims may be barred by statute of limitations

Scope:

• Disputes resolution applies to claims arising from or related to these terms
• Excludes intellectual property disputes and emergency injunctive relief
• Does not prevent either party from seeking preliminary injunctions when necessary

GENERAL PROVISIONS

Force Majeure

Neither party will be liable for failure to perform obligations due to circumstances beyond reasonable control, including:

• Natural disasters (earthquakes, floods, hurricanes)
• Cyber-attacks, security breaches, or system failures
• Government actions, regulatory changes, or legal restrictions
• Pandemics, public health emergencies, or quarantine measures
• Labor disputes, strikes, or transportation disruptions
• Supplier failures or critical infrastructure outages

Notice and Mitigation: The affected party must:

• Promptly notify the other party of force majeure events
• Make reasonable efforts to mitigate the impact
• Resume performance as soon as reasonably possible
• Provide regular updates on resolution progress

Assignment and Transfer

Your Rights: You may not transfer, assign, or delegate your rights under this agreement without ViveLead’s prior written consent, except:

• Corporate reorganizations within the same business entity
• Transfers to affiliated companies under common control
• Assignments approved in advance by ViveLead

Our Rights: ViveLead may assign this agreement to:

• Affiliated companies or subsidiaries
• Acquiring companies in case of merger or acquisition
• Service providers for specific business functions
• Any party with your consent

Waiver and Modification

No Waiver: Failure to enforce any provision of these terms does not constitute a waiver of the right to enforce it later or in different circumstances.

Modifications:

• Changes to these terms must be in writing and agreed to by both parties
• ViveLead may update terms for general applicability with advance notice
• Continued use of services after notice constitutes acceptance of changes
• Material changes will require explicit consent

Severability

If any provision of these terms is found to be unenforceable or invalid:

• The remaining provisions will continue in full effect
• Invalid provisions will be modified to the minimum extent necessary to make them enforceable
• The overall intent and structure of the agreement will be preserved

Entire Agreement

These Terms of Service, together with:

• Your specific MoU or service agreement
• Our Privacy Policy
• Any applicable Data Processing Agreements
• Service Level Agreements (SLAs)

constitute the complete agreement between ViveLead and you regarding the use of our services, superseding all prior communications, proposals, or agreements.