Terms & Conditions
Table of Contents
- 1. Definitions
- 2. Scope of Services
- 3. Acceptable Use Policy
- 4. Payment Terms & Billing
- 5. Data Protection & Privacy
- 6. Service Term & Termination
- 7. Limitation of Liability
- 8. Intellectual Property & Indemnities
- 9. Confidentiality
- 10. Compliance & Anti-Corruption
- 11. Dispute Resolution
- 12. General Provisions
- 13. Version & Change Log
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
THE SERVICES ARE FOR PERSONS AGED 18 OR OVER, ACTING FOR A BUSINESS. IF YOU ACCEPT THESE TERMS ON BEHALF OF AN ORGANISATION, YOU CONFIRM THAT YOU ARE AUTHORISED TO BIND THAT ORGANISATION.
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.
Version 2.3, published 9 October 2026. New subscriptions are billed quarterly or yearly; there is no monthly plan (section 4). Version 2.2, published 4 October 2026, added terms for WhatsApp Web, a phone linked by QR code (section 3). Version 2.0 was published 26 September 2026 and 2.1, which only corrects it, on 27 September 2026.
- The WhatsApp Web terms in section 3 apply from publication to a company that turns WhatsApp Web on after that date, and from 3 November 2026 to a company already using it.
- Corrections that remove a statement which was inaccurate apply from publication, since they take nothing away from you.
- The refund position in section 4 and the dispute resolution process in section 11 apply to subscriptions started on or after 26 September 2026 immediately, and to subscriptions already active on that date from 1 November 2026. Until then, those customers keep the terms that were in force when they subscribed.
Every change is listed in section 13. Previous versions are available on request.
DEFINITIONS
To ensure clarity throughout this agreement, here are the key terms we use:
“ViveLead,” “we,” “us,” or “our” refers to AiSphereX, a proprietary concern registered in India under GSTIN 09CJSPG3855J2ZJ, with its principal place of business in Shahjahanpur, Uttar Pradesh, India, which provides the ViveLead CRM and lead management services through www.vivelead.com.
That GSTIN identifies the contracting entity on the public GST register. Its registered legal name and full registered address appear on every tax invoice we issue to you, and we will confirm them in writing on request before you subscribe.
“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:
- A 99.5% monthly uptime commitment on the dashboard and API, with service credits if we fall short. The measurement, the exclusions and the credit table are in our Service Level Agreement
- Technical support Monday to Saturday, 10:00 to 19:00 IST, for paid subscribers
- Regular data backups and security monitoring
- Compliance with industry-standard security practices
2. Free Trial
Trial Access: ViveLead may offer a free trial so you can evaluate the platform before subscribing. The trial period and the features included are stated at sign-up and may change from time to time.
Trial Duration and Expiry:
- The free trial runs for a fixed period stated at sign-up.
- The trial is not extended. Once it ends, continued access requires an active paid subscription.
- Any earlier courtesy extension granted to a user was a one-time exception and does not entitle the user, or any other user, to further extensions.
What Happens When the Trial Ends:
- When the trial expires, access to your account is restricted. Login and use of the service are not available until you start a paid plan.
- If no paid subscription is started, your account and its data may be deleted at any time from 14 days after expiry onwards.
- To keep your account and data, start a paid plan within 14 days of expiry. Deleted data cannot be recovered.
One Trial Per Customer: Free trials are intended for genuine evaluation. Creating multiple trial accounts to obtain repeated free access is not permitted and may result in suspension under our Acceptable Use Policy.
3. 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.
4. AI Features
Where AI is used: Several features generate or interpret content using artificial intelligence, including call transcription and call summaries, AI calling, the in-product assistant, knowledge base indexing, drafted WhatsApp replies, web chat, and generated social copy and images. The product tells you which feature you are using.
Your content goes to a model provider: When you use an AI feature, the content that feature needs, which may include a call recording, a transcript, message text, or lead and deal records, is sent to a third-party AI provider to be processed and returned. That provider is named on our subprocessors page, along with the region it processes in.
There are two arrangements, and which one you are on changes whose provider account is used:
- Managed: we use our own provider account and bill the usage to your prepaid AI balance.
- Your own key: you supply your provider key, the content goes to your own provider account under your agreement with them, and you are their customer for that processing.
We do not train on your data: We do not use your data to train or improve any AI model, and we do not permit our providers to use it for that purpose.
AI output is assistive, not authoritative: Generated summaries, transcripts, drafts, scores and images can be incomplete or wrong, including confidently wrong. Check anything before you rely on it, send it to a customer, or make a decision on it. AI output is not legal, financial, medical or tax advice, and you remain responsible for everything you send or do with it.
Recordings and transcripts: Transcribing or summarising a call does not create a right to have recorded it. Your obligations for consent to record are in the Acceptable Use Policy below, and they apply before an AI feature ever touches the audio.
Prepaid AI balance: On managed billing, AI features draw down a prepaid balance. Top-ups are non-refundable and non-transferable, do not expire while your subscription is active, and lapse when it ends. Per-feature rates may change with notice. When the balance runs out the AI features stop, and nothing else in the product is affected.
Models change: We may change model, model version or provider where it improves quality, cost or reliability. We do not commit to any particular model remaining available.
5. Beta and Early Access
Some features are released as beta or early access, and add-on modules are treated as beta for their first 60 days of general availability. Where that applies, the product says so.
Beta features are provided as they are. They are outside our Service Level Agreement and earn no service credits, they may change or be withdrawn without notice, and they may lose data held only within that feature. Do not put a process you cannot afford to lose onto a beta feature.
6. Third-Party Integrations
External Services: ViveLead integrates with various third-party providers for:
- Cloud hosting and infrastructure (Amazon Web Services, Mumbai region)
- Payment processing (Razorpay)
- Communication services (the WhatsApp Business Platform from Meta, email, SMS and cloud telephony)
- Website analytics and, where you opt in, advertising measurement on our website (Google Analytics and the Meta pixel)
- Business applications you choose to connect, such as Google Workspace for Calendar, Gmail and Sheets, and Facebook, Instagram or LinkedIn for social publishing
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
Messaging, Calling and Recording
This is the part of the policy that carries the most risk for both of us, so it is set out plainly.
You are the sender. We provide the tooling. The messages, the calls and the recordings are yours, sent to people you chose, in your own name. You are the person the law looks at.
Consent and lawful basis: Before you contact anyone through ViveLead, you must have a lawful basis to do so and, where the law requires it, their prior consent. You must honour opt-outs promptly and keep a record of consent you can produce.
The rules that apply to you include, in every country you message or call into, and without limiting anything else:
- India: the TRAI commercial communication regulations, including your own DLT registration for SMS, the do-not-disturb registry, and permitted calling hours.
- United States: the TCPA and CAN-SPAM. Statutory damages under the TCPA run per message.
- Canada: CASL. European Union: the GDPR and the ePrivacy rules. United Kingdom: PECR. Australia: the Spam Act.
- WhatsApp: Meta’s WhatsApp Business Messaging Policy and Commerce Policy. Template categories, the 24-hour customer service window and quality ratings are Meta’s rules, not ours. Meta can restrict, downgrade or ban a number, and we cannot reverse that.
Never: purchased or scraped lists, cold lists on the dialer, messaging someone who opted out, or disguising who you are.
Recording calls is on you. Where a call is recorded, you are responsible for telling every participant and obtaining consent where consent is required. Several jurisdictions, including a number of US states, require the consent of all parties, not just yours. Do not upload to ViveLead a recording you had no right to make.
Employee and team data: Where you use attendance, location or payroll features, you confirm you have told your own employees what is collected and have a lawful basis for it.
Why this is not negotiable: SMS, WhatsApp, email and telephony reach your customers over infrastructure and reputation shared with every other ViveLead customer. One sender’s unconsented blast can get a number banned or a sending domain blocked for everybody. So we may suspend a channel immediately and without notice where we reasonably believe it is being misused or is putting the platform at risk, and you indemnify us under section 8 for any penalty, restriction or third-party claim your messaging causes.
WhatsApp Web (a phone linked by QR code)
WhatsApp Web in ViveLead links a phone’s WhatsApp account to your ViveLead account by QR code, so the phone’s chats come into the inbox and your team can reply from there. These terms apply to it on top of the rest of this policy. An admin accepts them for the company in the product before anyone can link a phone. How it works is set out in the WhatsApp Web guide.
It is not a WhatsApp product: WhatsApp Web in ViveLead is our feature. WhatsApp and Meta do not make, approve or support it, and it is not the WhatsApp Business Platform.
The risk to the number is yours: WhatsApp can limit, log out, suspend or ban a number linked this way, at any time and without giving a reason. We cannot prevent that, reverse it or appeal it on your behalf. We are not liable for the loss of a number, its chats or its contacts, or for business that depended on it, and fees are not refunded because WhatsApp acted against a number.
Only numbers you are entitled to link: You link a number that belongs to your business, or one whose owner agreed to link it after being told that its chats, personal ones included, will be visible to your admins and to their team leader, and that replies typed in ViveLead go out from it.
Only people who expect to hear from you: You message people who wrote to the number first, gave it to you for this purpose or asked you to follow up. No bought, rented, scraped or shared lists, and no unsolicited promotions. When someone asks you to stop, you stop.
A person sends every message: No bots, scripts, auto-senders, bulk number checks or any other automation against a linked phone, inside or outside ViveLead. ViveLead does not run broadcasts, automation or AI replies on these numbers, and you must not work around that.
WhatsApp’s terms still bind the account: You remain bound by WhatsApp’s Terms of Service and policies for the linked account, and by the rest of this section, including the consent and opt-out rules above.
Provided as it is: WhatsApp Web depends on a link WhatsApp can end or change at any time, so it is provided as it is. It is outside our Service Level Agreement, earns no service credits, and may stop working, change or be withdrawn without notice.
Your data: Chats and files that sync are stored in your ViveLead account with the rest of your data, under our Privacy Policy and Data Processing Agreement. Unlinking a phone stops new messages. It does not delete chats that already synced.
We can switch it off: We may unlink a phone, or turn WhatsApp Web off for a company, at once and without notice, where we reasonably believe it is being misused or is putting other customers at risk.
Changes: If these terms change in a way that matters, an admin is asked to accept the new version before anyone links another phone.
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:
- Quarterly Subscriptions: Paid in advance for 3 months at a time
- Monthly Subscriptions: No longer offered to new subscriptions. A monthly subscription started before 9 October 2026 continues on its current terms, 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:
- Cards, UPI, net banking and wallets, through our payment gateway Razorpay
- Bank transfer against an issued invoice, on request
- e-Mandate autopay for recurring INR billing, which you enable and can withdraw yourself
Seats, Taxes and Currency
A seat is a named user: Each seat is for one named person, not for a number of people taking turns. Logins are not shared, and we may suspend an account where one set of credentials is clearly being used by several people.
Minimum billable seats: Subscriptions are billed on a minimum of 3 seats, whatever the number of users you have configured. Below that number the service is not commercially viable to operate, so 3 is the floor, not a discount tier.
Adding and removing seats: Seats added mid-period are billed pro rata from the date they are added. Seats removed take effect from your next billing period, and a mid-period reduction is not refunded.
Prices exclude tax, everywhere:
- India: prices are exclusive of GST, charged at the prevailing rate, currently 18%.
- Outside India: prices are exclusive of any tax, levy or duty your own country imposes. Where your local law requires you to account for tax yourself, for example the reverse charge in the European Union, you do that. Where your local law requires you to deduct or withhold an amount from what you pay us, you increase the payment so that we receive the full invoiced amount.
- You give us the tax registration details we need to invoice you correctly, including a GSTIN, VAT number or equivalent where you have one, and you tell us when they change.
Currency: Your plan is priced and invoiced in one currency, set by your region at the time you subscribe, in Indian Rupees or another currency we support. Conversion rates and card network charges are between you and your bank, and we do not guarantee a rate. Regional pricing may be revised at renewal with 30 days notice.
Autopay is INR only: e-Mandate autopay runs on India’s e-mandate system, so it is available on INR billing. On other currencies you renew from the Subscription page when the invoice is raised.
Proposals & Quotations
Eligibility: Custom proposals and quotations are issued to users who have genuinely evaluated the platform during their free trial. We do not issue custom pricing before the product has been tried.
Validity Period:
- A custom proposal or quotation is valid for 15 days from the date of issue, and the date it holds until is stated on the document itself.
- If it is not accepted within that period, you may request a fresh proposal. Re-issued proposals may carry revised pricing, are not guaranteed to match the earlier quote, and carry their own validity date.
Lapse: If no payment is made and no agreement is reached within the proposal window, the proposal lapses and no deal is considered to be in effect. Continuing thereafter requires a new proposal at the pricing applicable at that time.
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
This section states our refund position when you cancel. Our Refund and Cancellation Policy explains the process for asking; if the two ever differ, this section governs.
Three other places in this agreement also give you a refund, and nothing in this section limits them: section 12, where we change these terms to your disadvantage and you leave before the change takes effect; section 9 of our Service Level Agreement, where we miss the uptime commitment for three consecutive months or fall below 95% in any single month; and our Subprocessors page, where you object to a new subprocessor and we cannot run the product without it. Each of those refunds the unused part of a prepaid term pro rata, including an annual term.
First paid subscription, quarterly plans: If this is your first paid subscription with ViveLead and it is a quarterly plan, you may ask for a full refund within 7 days of that first payment. One per customer. A first monthly subscription started before 9 October 2026 keeps the same right.
Quarterly and monthly plans after that, and every renewal: Non-refundable. You can cancel at any time and the service runs to the end of the period you have already paid for.
Annual plans: Non-refundable on your cancellation, and not refunded pro rata for unused months, other than in the three cases named above. Instead, once per annual term and on written request, you may either pause the subscription for up to 60 days, or transfer the remaining term to another entity under your control.
Always refunded, whatever the plan: a duplicate charge, and any amount taken after we confirmed a cancellation.
Service interruptions: where the platform is unavailable for a sustained period, we extend your paid term by the time lost rather than refunding cash.
Rights you cannot sign away: nothing in this section limits a right you have under the law that applies to you which cannot be limited by agreement.
How a refund is paid: to the original payment method. Bank or gateway charges, and any currency conversion loss, are deducted from the amount returned.
DATA PROTECTION & PRIVACY
Our Commitment to Data Security
The security measures we apply, the data we hold, where it is stored and how long we keep it are set out in full in our Privacy Policy. That document governs those subjects and this section does not restate them.
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
- We do not use your data to train AI models, and we do not permit our providers to
Aggregate statistics: We may compile de-identified, aggregated statistics about how the Services are used, such as how many accounts use a feature or how long an operation typically takes, and use them to run and improve the product. These statistics never identify you, your users, or the people in your CRM, and nothing we publish can be traced back to you.
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 Agreement: Our Data Processing Agreement is published and applies automatically wherever we process personal data on your behalf, so nothing needs signing for you to rely on it. It sets out that you are the Data Fiduciary or Controller for the data you put into ViveLead and we are the Processor, and it covers security measures, subprocessors, breach notification, international transfers and deletion. Standard Contractual Clauses with the UK Addendum, a countersigned copy, or a completed security questionnaire are available on request.
SERVICE TERM & TERMINATION
Initial Term and Renewal
Service Period:
- The initial term of services is specified in your subscription or MoU
- Renewal is invoiced ahead of each period. Where you have enabled autopay, an e-Mandate debits that invoice automatically after a pre-debit notification, and you can withdraw the mandate at any time from Subscription settings in your account
- Renewal terms and pricing may be updated with 30 days advance notice
Cancellation Requirements:
- Quarterly and monthly subscriptions: Cancel at any time. The cancellation takes effect at the end of the period you have already paid for
- 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
- Clear communication about steps needed for restoration
What Happens to Your Data, and When
So there is no guessing, this is the whole sequence. Days run from the trigger, and we write to the email registered on the account at each step.
| Stage | What happens to your data |
|---|---|
| Invoice due, then overdue | Nothing. Full access, reminders only. |
| 15 days overdue: access suspended | Data is retained untouched. You cannot log in until the invoice is settled. |
| 30 days from suspension | On request we restore read-only access, or send you an export, so you can take your data out. |
| 60 days from suspension | We may delete the account and its data, after written notice to your registered email. |
| You cancel while paid up | Access runs to the end of the paid period. Data is retained for 30 days after that for export, then deleted. |
| Trial expires unpaid | Data may be deleted at any time from 14 days after expiry. |
Deletion is permanent and cannot be reversed. Copies in our routine backups roll off within 30 days of deletion. Records we are required to keep, such as invoices and tax records, are retained for the period the law requires, as described in our Privacy Policy.
If you want your data out, ask before the deletion date rather than after it. We would rather hand you an export than explain that it is gone.
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
- If we are the ones ending it for our own reasons, we refund the unused part of any period you have already paid for, pro rata. The non-refundable rule above applies to your cancellation, not to ours.
Post-Termination
Final Payment: All outstanding payments become due immediately upon termination
Data Retention: How long we keep your data depends on how the subscription ended, and the table above states each case rather than this paragraph repeating one of them. Whichever applies:
- You can ask us to delete sooner, and we will
- We help you export for as long as the window is open
- After it closes, deletion is permanent, except for records the law requires us to keep
Service Transition: We will reasonably assist with service transition and data migration to alternative platforms when requested.
LIMITATION OF LIABILITY
Scope of Liability
Cap: ViveLead’s total liability for all claims arising out of or relating to the Services, taken together, is limited to the total fees you paid us in the 12 months immediately before the event giving rise to the claim.
What the cap does not cover: Nothing in these terms limits liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, for a party’s wilful misconduct, or for anything else that cannot be limited under the law that applies to you. Your obligation to pay fees you owe us is also outside the cap.
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 commit to 99.5% monthly availability on the dashboard and API under our Service Level Agreement. That is a commitment with a defined remedy, not a guarantee of uninterrupted service, and it does not cover:
- 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: Where a month falls below the committed uptime, you may claim a service credit within 30 days. Credits are applied as an extension of your paid term, are capped, and are the sole remedy for missed uptime. The tiers and the claim process are in the 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 & INDEMNITIES
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 the intellectual property rights of others, not to infringe patents, copyrights, trademarks or trade secrets, and to deal promptly with any claim that arises.
We indemnify you against a third-party claim that the ViveLead platform itself infringes that party’s intellectual property rights, provided you tell us promptly, let us control the defence and settlement, and cooperate with it. Our liability under this indemnity is subject to the cap in section 7. If such a claim is made, we may at our option modify the platform, obtain a licence, or end the affected subscription and refund the unused prepaid term.
You indemnify us against any claim, penalty or loss arising from:
- the data and content you upload, store, send or process through the Services, and your right to do so;
- your messaging, calling and recording activity, including any regulatory penalty or platform restriction it causes;
- your use of the Services in breach of these terms, the Acceptable Use Policy, or any law that applies to you; and
- a claim by one of your own users, employees or customers about data you asked us to hold.
This indemnity is not subject to the cap in section 7, because the conduct it covers is entirely within your control and not within ours.
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
Applicable Regulations:
- Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023 (India)
- The GDPR and UK GDPR, where you or the people whose data you hold are in the European Union or the United Kingdom
- Other regional privacy and data protection laws as applicable
Sanctions and Export Control
We do not provide the Services in any country or territory subject to comprehensive trade sanctions or embargo, and you confirm that:
- you, your organisation, and anyone who controls it are not a sanctioned party on any list maintained by India, the United Nations, the United States, the United Kingdom or the European Union; and
- you will not make the Services available to such a party, or use them in or for the benefit of an embargoed territory.
If this stops being true, tell us at once. We may suspend or end the subscription immediately where sanctions law requires it, and we cannot refund amounts that the same law prevents us from paying out.
DISPUTE RESOLUTION
Governing Law
Governing Law: These Terms of Service are governed by the laws of India, without regard to conflict of law principles, wherever in the world you are.
Language: All proceedings and communications will be conducted in English.
Step One, Which Applies to Everyone
Before either of us starts anything formal, the party raising the issue writes to the other describing it, and both make a genuine effort to settle it within 30 days. Most disagreements end here. Mediation is available if we both want it, but neither of us has to agree to it.
If that fails, what happens next depends on where you are.
If You Are in India
The competent courts at Shahjahanpur, Uttar Pradesh have exclusive jurisdiction, that being our place of business.
Where the amount in dispute is ₹1,00,000 or less, the matter goes to those courts and not to arbitration. Arbitration of a small claim costs both sides more than the claim is worth.
Above that amount, either of us may refer the dispute to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated at Shahjahanpur or elsewhere in Uttar Pradesh as agreed, in English.
If You Are Outside India
Any dispute is referred to and finally resolved by binding arbitration under the Rules of the Mumbai Centre for International Arbitration (MCIA), by a sole arbitrator appointed under those Rules, with the seat of arbitration in Mumbai, India, in English.
Hearings may be held by video conference, and will be unless both parties agree otherwise, so neither side has to travel for a matter that does not warrant it.
This route is arbitration rather than litigation for a practical reason that cuts both ways: an arbitral award made in India is enforceable in most countries under the New York Convention, while a judgment of an Indian court is enforceable only in a limited list of reciprocating territories. Arbitration is the option that actually produces a result either of us can act on.
What Stays Out of Arbitration
Either of us may go straight to a court, without going through arbitration, for:
- Interim or injunctive relief, including to stop an ongoing breach;
- a claim about intellectual property ownership or infringement; and
- our recovery of fees you owe us that are not genuinely disputed.
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:
- Dispute 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:
- We may update these terms. The version and the effective date at the top of this page are authoritative, and every change is listed in the change log at the end.
- For a change that reduces your rights or increases your obligations, we give at least 30 days notice by email to the address registered on your account, and the change takes effect on the stated effective date.
- If you do not accept such a change, you may terminate before it takes effect and we refund the unused portion of any prepaid term, pro rata. Continuing to use the Services after the effective date means you accept it.
- A correction that only removes something inaccurate, or a change required by law, takes effect on publication, because it takes nothing away from you.
- Anything agreed specifically with you in an MoU overrides these terms for as long as that MoU is in force.
Rights You Cannot Sign Away
Nothing in these terms excludes or limits a right or remedy you have under the law that applies to you which cannot be excluded or limited by agreement. Where a provision here goes further than that law allows, it applies to the fullest extent the law does allow and no further, and the rest of these terms are unaffected.
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
Grievance Redressal
If something we have done is not right and ordinary support has not resolved it, escalate it:
- Office: Grievance Officer, ViveLead (AiSphereX)
- Email: contact@vivelead.com, with the subject line Grievance
- Postal address: provided on request
We acknowledge a grievance within 3 working days and give you a substantive response within 30 days. The name and direct contact details of the officer holding this office are provided on request. The same address handles requests about your personal data under applicable data protection law, as described in our Privacy Policy.
Entire Agreement
These Terms of Service, together with:
- Your specific MoU or service agreement
- Our Privacy Policy
- Our Data Processing Agreement
- Our Service Level Agreement
- Our Refund and Cancellation Policy
constitute the complete agreement between ViveLead and you regarding the use of our services, superseding all prior communications, proposals, or agreements.
VERSION & CHANGE LOG
Version 2.3, 9 October 2026
Effective on publication, because nothing in it takes anything away from an existing customer:
- Billing, section 4. New subscriptions are billed every 3 months or once a year. There is no monthly plan for new subscriptions. A monthly subscription started before 9 October 2026 continues on its current terms.
- Refunds, section 4. The 7-day full refund on a first paid subscription now applies to a first quarterly plan. A first monthly subscription started before 9 October 2026 keeps it. Annual plans are unchanged.
Version 2.2, 4 October 2026
New terms, for a feature this document did not cover:
- WhatsApp Web, section 3. WhatsApp Web, launched on 3 October 2026, links a phone’s WhatsApp account to ViveLead by QR code. WhatsApp does not support linking a business tool this way and can ban a number linked like this, so the risk to the number is stated as yours, and so are the rules that keep it low: link only numbers you are entitled to link, message only people who expect it, and let a person send every message. The feature is provided as it is, outside the Service Level Agreement. These terms apply from publication to a company that turns WhatsApp Web on after that date, and from 3 November 2026 to a company already using it.
Version 2.1, 27 September 2026
Corrections to version 2.0, all effective on publication because none of them takes anything away from you. Four of the six were contradictions between this document and another of our policies, which is exactly the kind of gap that gets read against us:
- Refunds, section 4. This section said it stated the whole of our refund position and that it governed over any other document. Three other refund rights already existed elsewhere: section 12 of this document, section 9 of the Service Level Agreement, and the subprocessor objection right. Read as written, the old wording let us answer an SLA claim with “annual plans are non-refundable”. Those three routes are now named in section 4 and expressly not limited by it.
- Data retention, section 6. The Post-Termination paragraph restated a flat 30 days, which contradicted the dated table immediately above it covering suspension at 60 days and an unpaid trial at 14. The table is now the single statement and the paragraph points at it.
- Proposal validity, section 4. Corrected from 7 days, plus 3 on re-issue, to 15 days. Every proposal we actually issue carries a date roughly 15 days out, so the document was describing something we do not do.
- Advertising measurement, section 2. We run Google Analytics and the Meta pixel on our website. LinkedIn was listed alongside them and we run no LinkedIn advertising tag. LinkedIn now appears where it belongs, as a channel you can connect for social publishing.
- Monthly cancellation, section 6. “Cancel anytime with immediate effect at the end of the current billing period” said two opposite things. It now says the cancellation takes effect at the end of the period you have paid for.
- Section 8 title, and section 12. Section 8 is renamed Intellectual Property & Indemnities, because the indemnities were in it but the contents list gave no sign of that. The Refund and Cancellation Policy is added to the Entire Agreement list, since this document links to it and relies on it.
Version 2.0, 26 September 2026
Corrections, effective on publication:
- Removed a claim of end-to-end encryption for data in transit and at rest. We use TLS, which the Privacy Policy states accurately, and that document now governs this subject instead of it being described twice.
- Corrected the accepted payment methods to what we actually process: cards, UPI, net banking and wallets through Razorpay, bank transfer against an invoice, and e-Mandate autopay for INR billing.
- Corrected the third-party provider list. We host on Amazon Web Services in Mumbai, not on multiple clouds, and Microsoft 365 was never an integration.
- Replaced a claim that services renew automatically with what happens: an invoice each period, and an automatic debit only where you have enabled autopay, after a pre-debit notification, withdrawable by you at any time.
- Removed the requirement for a minor to obtain a parent’s consent, which had no application to a business product and contradicted our own Privacy Policy. The Services are for adults acting for a business.
- Corrected the free trial clause, which said data was permanently removed 14 days after expiry. It now says data may be deleted from 14 days after expiry.
Changes to your rights or obligations, effective as described at the top of this document:
- Refunds, section 4. One position, stated once. A first monthly subscription may be refunded in full within 7 days. Monthly renewals are not refundable. An annual term is not refunded pro rata, and instead may be paused once for up to 60 days or transferred to another entity you control. A duplicate charge, and anything charged after a confirmed cancellation, are always refunded. Where we terminate for our own reasons, we refund the unused prepaid term pro rata. This replaces a 30-day money-back guarantee and a pro-rata refund on annual plans that appeared on our Refund Policy page and contradicted this document.
- Uptime, sections 2 and 7. The commitment is 99.5% monthly on the dashboard and API, published in full in our Service Level Agreement with the measurement method, the exclusions, a credit table and a claim process. This replaces a 99.9% figure that referred to a service level agreement which did not exist.
- Dispute resolution, section 11. Governing law remains India. Customers in India go to the courts at Shahjahanpur, Uttar Pradesh, our place of business, with claims of ₹1,00,000 or less kept out of arbitration. Customers outside India arbitrate under MCIA Rules, seated in Mumbai, with hearings by video by default. This replaces a mandatory mediation stage and a Delhi venue that had no connection to either party.
- Changes to these terms, section 12. A change that reduces your rights now requires 30 days notice by email, and gives you the right to leave before it takes effect with a pro rata refund. The previous wording required both parties to agree to any change in writing, which made it impossible to update these terms at all.
New terms, covering things the product does that this document never addressed:
- Seats, taxes and currency, section 4. A seat is one named person. Billing is on a minimum of 3 seats, which was how we had always priced without ever writing it down. Prices exclude tax everywhere: GST in India at the prevailing rate, and outside India any local tax is yours, including self-accounting under a reverse charge and grossing up where your law makes you withhold.
- Liability cap, section 7. Raised from “three months of fees or ₹25,000, whichever is lesser” to the fees paid in the preceding 12 months. A cap of roughly $300 is below what a court would treat as a genuine allocation of risk, and an unenforceable cap protects nobody. The exclusion of indirect and consequential loss, which is where the real protection sits, is unchanged. Liability for fraud, for death or personal injury through negligence, and for wilful misconduct is now expressly outside the cap.
- Indemnities, section 8. The old clause had the parties indemnifying each other for authorised use, which allocated nothing. Now we indemnify you for an IP claim against the platform, capped and with control of the defence, and you indemnify us for your own data, content and messaging activity.
- Sanctions and export control, section 10. We do not serve embargoed territories or sanctioned parties. Added because international card payments are now live.
- Rights you cannot sign away, section 12. Where local consumer or other law gives you a right that cannot be contracted out of, nothing here limits it.
- Who you are contracting with, section 1. The counterparty is now identified by its GST registration rather than described only as “ViveLead, operating through www.vivelead.com”. A contract needs an identifiable party.
- Messaging, calling and recording, section 3. The document said nothing about the channels most of the product is built on. It now states that you are the sender, that consent is yours to hold, and it names the regimes that apply, including TRAI and DLT in India, the TCPA and CAN-SPAM in the United States, CASL, the GDPR with ePrivacy, PECR, the Australian Spam Act, and Meta’s WhatsApp Business Messaging Policy. Consent to record a call, including in all-party-consent jurisdictions, is yours to obtain. We may suspend a channel immediately to protect shared sending infrastructure.
- AI features, section 2. Which features use AI, that your content is sent to a named third-party model provider to be processed, which provider account is used in each billing arrangement, that we do not train models on your data and do not permit our providers to, that output is assistive and must be checked, and how prepaid AI balances work.
- Beta and early access, section 2. Beta features and new add-ons in their first 60 days are outside the SLA, earn no credits, and may be withdrawn.
- Data lifecycle, section 6. A dated table covering every exit: suspension at 15 days overdue, an export window at 30 days, possible deletion at 60 days after written notice, 30 days after a paid-up cancellation, and 14 days after an unpaid trial. Previously the document stopped at “suspension” and said nothing about what followed.
- Aggregate statistics, section 5. We may use de-identified aggregate usage data to run and improve the product.
- Grievance redressal, section 12. A named office, an email, an acknowledgement in 3 working days and a response in 30.
Questions About Our Terms?
Need clarification on any of our terms? Our team is here to help.
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