Definitions
For the purposes of these Terms:
- Account means a registered VibeBack user account.
- Customer means the individual or legal entity subscribing to the Services.
- Content means any data, documents, messages, files, feedback, conversations, images, audio, or other information uploaded, stored, or processed through the Services.
- Subscription means the commercial plan purchased by the Customer.
- AI Services means artificial intelligence features including AI Agent, AI Chatbot, summarization, classification, workflow automation, and related capabilities.
- Third-Party Services means products, software, APIs, platforms, or services not owned or operated by VibeBack.
Eligibility
You represent and warrant that:
- You are at least 18 years of age or the legal age required in your jurisdiction.
- You have the authority to enter into these Terms.
- If acting on behalf of an organization, you are authorized to bind that organization.
Acceptance of Terms
Your use of the Services constitutes acceptance of these Terms and all related policies published by VibeBack, including the Privacy Policy.
If you do not agree with these Terms, you must discontinue use of the Services immediately.
Services
VibeBack provides an AI-powered customer engagement platform that may include, without limitation:
- AI Agent
- AI Chatbot
- Live Chat
- Helpdesk
- Customer Feedback
- Error Tracking
- APIs
- Developer Tools
- Knowledge Base
- Workflow Automation
- Omnichannel Messaging
- Analytics
- Integrations
Features may evolve, improve, or be modified from time to time without prior notice, provided such modifications do not materially reduce the core functionality of the subscribed Services.
Account Registration
You agree to:
- Provide accurate and complete information.
- Keep your login credentials confidential.
- Maintain the security of your account.
- Notify us immediately of any unauthorized access or suspected security incident.
You are solely responsible for all activities conducted through your account.
Subscription and Billing
The Services are offered on a subscription basis.
Unless otherwise agreed in writing:
- Pricing is charged per website or domain.
- Subscription fees are payable in advance.
- Taxes are additional unless otherwise stated.
- Subscription fees are non-refundable except where required by law.
Each website subscription includes the usage limits described in the applicable pricing page. Additional usage may incur additional charges in accordance with the published pricing.
Free Trial
VibeBack may provide a free trial or free plan.
We reserve the right to:
- Limit trial features.
- Modify trial duration.
- Withdraw trial availability.
- Require payment information before activation.
Trial accounts may be suspended or deleted following expiration.
Payment
You authorize VibeBack or its payment processor to charge your selected payment method for all applicable subscription fees, taxes, renewals, usage charges, and other applicable amounts.
Failure to complete payment may result in:
- Service suspension
- Restricted functionality
- Account termination
Customer Responsibilities
You agree that you will:
- Use the Services lawfully.
- Maintain backups of important information.
- Obtain all required customer consents.
- Comply with applicable privacy laws.
- Secure your API keys and credentials.
- Maintain accurate account information.
Acceptable Use
You shall not use the Services to:
- Violate any applicable law.
- Infringe intellectual property rights.
- Upload malicious software.
- Attempt unauthorized access.
- Interfere with platform security.
- Send spam or unsolicited communications.
- Distribute illegal or harmful content.
- Engage in fraudulent activity.
- Reverse engineer or copy the Services except as permitted by law.
Violation of this section may result in immediate suspension or termination.
Customer Content
You retain ownership of all Customer Content submitted to the Services.
By using the Services, you grant VibeBack a limited, non-exclusive, worldwide license to host, process, transmit, and display Customer Content solely for the purpose of providing the Services.
You represent that you have all necessary rights and permissions to upload such content.
AI Services
VibeBack provides AI-powered functionality.
Customers acknowledge that:
- AI-generated outputs may not always be accurate or complete.
- Customers remain responsible for reviewing AI-generated responses before relying upon them.
- AI outputs should not be considered professional legal, financial, medical, or regulatory advice.
- Customers remain responsible for configuring and securing their selected AI provider credentials.
Bring Your Own AI (BYOK)
Where customers configure their own AI provider:
- API keys remain under customer control.
- AI usage costs are billed directly by the customer's AI provider.
- VibeBack does not determine pricing charged by third-party AI providers.
- Availability and performance of AI features may depend upon third-party services.
APIs and Integrations
The Services may include APIs, SDKs, and integrations.
Customers agree to:
- Use APIs within published limits.
- Protect authentication credentials.
- Avoid abusive or excessive API requests.
- Comply with integration documentation.
We reserve the right to suspend API access where usage threatens platform stability or security.
Availability
While VibeBack strives to maintain high availability, we do not guarantee uninterrupted or error-free operation.
Maintenance, upgrades, third-party failures, internet outages, or force majeure events may affect service availability.
Intellectual Property
All intellectual property rights relating to the Services, including software, source code, trademarks, logos, documentation, designs, interfaces, graphics, and content created by VibeBack, remain the exclusive property of Capricorn Infotech India Pvt. Ltd. or its licensors.
Nothing in these Terms transfers ownership of such rights.
Confidentiality
Each party agrees to protect confidential information received from the other party using reasonable care and to use such information solely for purposes related to the Services.
This obligation survives termination.
Data Protection
Our processing of personal information is governed by our Privacy Policy.
Customers are responsible for ensuring that their use of the Services complies with applicable privacy and data protection laws.
Suspension and Termination
We may suspend or terminate access where:
- Fees remain unpaid.
- These Terms are violated.
- Fraudulent activity is suspected.
- Required by law.
- Continued access presents security risks.
Customers may terminate their subscription according to the applicable cancellation process.
Termination does not relieve payment obligations accrued before termination.
Disclaimer of Warranties
The Services are provided on an "AS IS" and "AS AVAILABLE" basis.
To the maximum extent permitted by law, VibeBack disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted availability, or error-free operation.
Limitation of Liability
To the fullest extent permitted by law:
- VibeBack shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages.
- VibeBack shall not be liable for loss of profits, revenue, goodwill, business interruption, or data.
- VibeBack's total aggregate liability arising from the Services shall not exceed the subscription fees paid by the Customer during the twelve (12) months immediately preceding the event giving rise to the claim.
Certain jurisdictions may not permit limitations of liability. In such cases, liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold harmless Capricorn Infotech India Pvt. Ltd., its affiliates, directors, officers, employees, and representatives from and against any claims, liabilities, damages, losses, costs, or expenses arising from:
- Your use of the Services.
- Your violation of these Terms.
- Your Customer Content.
- Your violation of applicable law.
- Claims by third parties arising from your activities.
Force Majeure
Neither party shall be liable for delays or failures resulting from events beyond reasonable control, including natural disasters, war, terrorism, cyberattacks, labor disputes, government actions, pandemics, power failures, or internet disruptions.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India.
Subject to applicable law, the courts located in Delhi, India, shall have exclusive jurisdiction over any disputes arising from or relating to these Terms.
Changes to the Terms
We may update these Terms from time to time.
Material revisions will become effective upon publication on the VibeBack website or other appropriate notification.
Continued use of the Services after the effective date of revised Terms constitutes acceptance of the updated Terms.
Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms, together with the Privacy Policy and any additional agreements expressly incorporated by reference, constitute the entire agreement between the parties regarding the Services and supersede all prior understandings relating to the subject matter.
Contact Information
For questions regarding these Terms, please contact:
Capricorn Infotech India Pvt. Ltd.
G-5, Vikas Deep Building, Plot-18, Laxmi Nagar District Centre, Delhi, 110092, India.
Sales: [email protected]
Support: [email protected]
Helpline: [email protected]
Phone: 011-614-00-077
Fingerprint (SHA-256): 88841a0bb5bb7bca150344261a8a05050af8683367016708e57df0fae2cf42fc