These Terms of Service govern your use of Vaixus Technologies' AI automation products and services. Please read them carefully before purchasing or using any Vaixus service.
The following definitions apply throughout these Terms:
Vaixus WhatsApp AI is an automated conversational AI system integrated with the Client's WhatsApp Business account. The service includes: responding to customer inquiries, processing orders, generating Razorpay payment links, sending automated reports to the business owner, language detection and multilingual response, human handoff alerts, and owner command processing.
Vaixus Website AI is a chat widget embedded on the Client's website, trained exclusively on the Client's business data. The service includes: answering visitor queries, capturing leads (name, phone, email), human agent handoff capability, multilingual support, weekly performance reports, and optional payment collection via Razorpay.
Both products are available in Starter, Professional, and Enterprise tiers. Features available in each tier are as specified on our Pricing page at the time of purchase. Vaixus reserves the right to modify plan features with 30 days' prior written notice to active subscribers.
We target 99% uptime for all AI Systems during any calendar month, excluding scheduled maintenance windows (announced at least 24 hours in advance), force majeure events, third-party platform outages (WhatsApp/Meta, hosting infrastructure), and events beyond our reasonable control. We do not guarantee uninterrupted, error-free operation of AI Systems at all times.
You must be at least 18 years of age and have the legal capacity to enter into binding contracts under Indian law. By using our Services, you represent and warrant that:
For WhatsApp AI Services, you must hold a valid, active WhatsApp Business account and comply at all times with WhatsApp Business Policy and Meta's Terms of Service. Vaixus does not manage your WhatsApp account ownership — you remain solely responsible for your WhatsApp account credentials and compliance.
A Service subscription is valid for one business entity and one WhatsApp number or one website domain per subscription. Operating the same AI system across multiple businesses, numbers, or domains requires separate subscriptions unless covered under an Enterprise multi-tenant plan.
An order is considered confirmed and a binding contract is formed when: (a) you submit an enquiry and verbally or in writing confirm a plan; and (b) Vaixus issues a payment link and you complete the initial Setup Fee payment. No verbal commitment by Vaixus constitutes a binding order until payment is received.
All payments are processed via Razorpay. Accepted methods include UPI, IMPS/NEFT/RTGS, credit cards, debit cards, and net banking. All prices are in Indian Rupees (INR) and are inclusive of applicable GST unless stated otherwise. A GST-compliant invoice will be issued for every payment.
If a monthly payment fails, Vaixus will notify you via WhatsApp and email. You have a 7-day grace period to make the payment. If payment is not received within 7 days, the Service may be suspended. If payment is not received within 30 days of suspension, Vaixus reserves the right to terminate the Service and delete associated data.
Vaixus may revise pricing with at least 30 days' written notice to active subscribers. The revised price will apply from the next billing cycle following the notice period. If you do not accept the revised price, you may cancel before the new price takes effect.
All prices exclude GST unless explicitly stated. GST at the applicable rate will be added to invoices. You are responsible for all taxes applicable to your purchase in your jurisdiction beyond Indian GST.
Subscriptions are month-to-month with no minimum term or annual lock-in. The first monthly retainer payment falls due on the 1st of the calendar month following go-live, and on the 1st of every subsequent calendar month.
You may cancel your monthly subscription at any time by notifying Vaixus via WhatsApp or email to soorya@vaixus.in with a minimum of 7 days' written notice before the next billing date. Upon cancellation:
You may upgrade from a lower plan to a higher plan at any time. The upgrade Setup Fee difference is payable before the upgrade is implemented. The new monthly rate applies from the next billing cycle following the upgrade.
Downgrades from a higher plan to a lower plan take effect from the next billing cycle. No refund is issued for the difference in Setup Fees already paid. Features exclusive to the higher plan will be disabled upon downgrade.
You agree to provide Vaixus, in a timely manner, with all information reasonably requested for setup, including:
Vaixus commits to deploying your AI System within 3 Business Days of receiving complete onboarding information as described in Section 6.1. This timeline is contingent on your timely cooperation. Delays caused by incomplete information, unresponsiveness, or third-party platform issues (WhatsApp, hosting) are excluded from this guarantee.
You are solely responsible for the accuracy, completeness, and legality of all Client Data provided. Vaixus will configure the AI System based on the information you provide. Vaixus is not liable for inaccurate AI responses resulting from incorrect or outdated Client Data. You must promptly notify Vaixus of any changes to your products, pricing, or business policies.
Vaixus will provide a 20-minute onboarding call and a written owner training guide explaining how to use WhatsApp commands, interpret reports, and request updates. It is your responsibility to read and understand this guide.
You must not use Vaixus Services, directly or indirectly, for any of the following:
You are solely responsible for all content, information, and data provided to End Users via the AI System. Vaixus acts as a technology service provider and does not endorse, validate, or take responsibility for your products, services, pricing claims, or any commitments made through the AI System.
You are responsible for ensuring that your End Users have lawfully consented to interact with an AI system and for displaying appropriate disclosures (e.g., "Automated AI Assistant") where required by applicable law. Vaixus may provide optional disclosure templates but is not responsible for your compliance with disclosure requirements.
Vaixus AI Systems are designed to respond based exclusively on Client Data provided during onboarding and updates. While we apply anti-hallucination safeguards and extensive testing, AI technology is inherently probabilistic and not infallible. Vaixus does not guarantee that every AI response will be 100% accurate, complete, or suitable for every situation.
AI Systems deployed by Vaixus are general-purpose customer communication tools. They must not be used as the sole basis for providing medical, legal, financial, accounting, or any other professional advice to End Users. If your business operates in a regulated sector (healthcare, legal, financial services), you must implement appropriate human oversight and disclaimers.
If an AI System provides an incorrect response to an End User (e.g., wrong price, wrong availability), you remain commercially responsible for resolving that with your End User. Vaixus is not liable for any losses, refunds, or disputes arising from an AI error. We will, however, correct the underlying data or configuration promptly upon notification.
Vaixus WhatsApp AI operates on the WhatsApp Business platform owned by Meta Platforms, Inc. Vaixus has no control over Meta's policies, downtime, API changes, or account restrictions. In the event Meta restricts, suspends, or changes functionality of the WhatsApp Business API or your WhatsApp Business account, Vaixus will work to restore service but cannot be held liable for any resulting interruption.
Vaixus may access conversation logs for the purpose of monitoring AI System performance, debugging errors, improving the AI System, and providing support. This access is limited to technical and support personnel and is governed by our Privacy Policy.
All software, algorithms, AI models, training methodologies, system architecture, dashboards, reports, templates, and know-how developed or used by Vaixus are and shall remain the exclusive intellectual property of Vaixus Technologies. Nothing in these Terms transfers any Vaixus IP to you.
You retain full ownership of all Client Data you provide to Vaixus. You grant Vaixus a limited, non-exclusive, royalty-free licence to use Client Data solely for the purpose of configuring, training, operating, and improving your AI System during the term of your subscription.
Subject to your compliance with these Terms and payment of applicable fees, Vaixus grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during the subscription term.
If you provide Vaixus with feedback, suggestions, or ideas for improving our Services ("Feedback"), you grant Vaixus an irrevocable, perpetual, worldwide, royalty-free licence to use and incorporate such Feedback without any obligation of compensation or attribution.
You must not attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code, training data, or underlying algorithms of any Vaixus AI System. Any breach of this clause may result in immediate termination and legal action.
Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Services, including but not limited to business data, pricing, product information, technical specifications, and customer information ("Confidential Information"). Neither party shall disclose the other's Confidential Information to any third party without prior written consent, except as required by law.
Your use of Vaixus Services involves processing of personal data of your End Users (such as names, phone numbers, messages). You are the data fiduciary (data controller) under the Digital Personal Data Protection Act, 2023 (DPDP Act) and are responsible for ensuring lawful basis for collection, adequate consents, and your own privacy policy. Vaixus acts as a data processor and processes End User data only on your behalf and as instructed. See our Privacy Policy for full details.
Vaixus implements reasonable technical and organisational measures to protect Client Data and End User data from unauthorised access, loss, or disclosure. These measures include encrypted storage, access controls, and daily automated backups. However, no system is completely secure, and Vaixus cannot guarantee absolute data security.
In the event of a confirmed data breach affecting your Client Data or End User data processed on your behalf, Vaixus will notify you within 72 hours of becoming aware of the breach and will cooperate with you in any required regulatory notification obligations.
Upon termination of your subscription, Vaixus will retain your data for 30 calendar days to allow you to request an export. After this period, all Client Data and associated conversation logs will be permanently and irreversibly deleted from our systems. You are responsible for exporting any data you require before termination takes effect.
Vaixus Services integrate with and depend on the following third-party services. Your use of these integrations is also subject to the respective third parties' terms:
| Service | Purpose | Provider |
|---|---|---|
| WhatsApp Business API | Message sending/receiving for WhatsApp AI | Meta Platforms, Inc. |
| Razorpay | Payment link generation and processing | Razorpay Software Pvt. Ltd. |
| Cloud Hosting | AI system infrastructure and database | Third-party cloud provider |
| Cloudflare | Bot protection and DDoS mitigation (Professional/Enterprise) | Cloudflare, Inc. |
Vaixus is not responsible for the availability, performance, pricing, data practices, or terms of any third-party service. Outages, policy changes, or restrictions by these third parties may affect your Vaixus Service. Vaixus will notify you of any material third-party changes affecting your Service as soon as reasonably practicable.
You may terminate your subscription at any time with 7 days' written notice as described in Section 5.2. Termination does not entitle you to any refund of Setup Fees or the current month's Retainer Fee except as provided in our Refund Policy.
Vaixus may suspend or terminate your Service immediately and without prior notice if:
Vaixus may terminate any Service subscription for convenience with 30 days' written notice. In such a case, you will receive a pro-rata refund of the unused portion of any prepaid Retainer Fees. Setup Fees are not refunded in this scenario.
Upon termination, all licences granted to you cease. The AI System will be deactivated, and you will lose access to the Dashboard. Sections 9 (IP), 10 (Data & Confidentiality), 13 (Limitation of Liability), 14 (Indemnification), 16 (Dispute Resolution), and 17 (Governing Law) survive termination.
To the maximum extent permitted by applicable Indian law, Vaixus shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to: loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, loss of customers, or cost of substitute services, even if Vaixus has been advised of the possibility of such damages.
Vaixus's total aggregate liability to you under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total Retainer Fees paid by you in the 3 months immediately preceding the event giving rise to the claim, or ₹10,000 (ten thousand rupees), whichever is lower.
Vaixus is not liable for: (a) losses arising from inaccurate or incomplete Client Data; (b) losses arising from End User actions or disputes between you and your End Users; (c) downtime or data loss caused by third-party services (WhatsApp, Razorpay, hosting); (d) losses resulting from your failure to follow the owner training guide; (e) losses from your non-compliance with WhatsApp Business Policy or any applicable law.
You agree to indemnify, defend, and hold harmless Vaixus Technologies, its proprietor, employees, contractors, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
Vaixus warrants that: (a) it has the right and authority to provide the Services; (b) Services will be performed with reasonable skill and care; (c) it will comply with all applicable Indian laws in the provision of Services.
Except as expressly set out in Section 15.1, Services are provided "AS IS" and "AS AVAILABLE" without any warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, error-free, or free of viruses. Vaixus does not warrant that the AI System will achieve any specific business result, conversion rate, revenue level, or customer satisfaction score.
You warrant that: (a) you have the authority to enter into these Terms; (b) all Client Data is accurate, complete, and lawful; (c) your business operations and the deployment of an AI system comply with applicable laws; (d) you have all necessary consents from End Users; (e) your WhatsApp Business account complies with Meta's policies.
If you have a dispute with Vaixus, you must first contact us at soorya@vaixus.in and provide a written description of the dispute, the relief sought, and your contact information. Both parties agree to attempt in good faith to resolve the dispute informally within 30 days of the notice.
If the dispute is not resolved informally within 30 days, it shall be referred to binding arbitration conducted in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator mutually agreed upon by both parties, or if no agreement is reached, appointed by the competent court. The seat and venue of arbitration shall be Tiruppur, Tamil Nadu. The language of arbitration shall be English. The arbitrator's award shall be final and binding.
Notwithstanding Section 16.2, either party may seek urgent injunctive or interim relief from a court of competent jurisdiction to prevent irreparable harm, particularly in cases of IP infringement or data breach.
These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes), shall be governed by and construed in accordance with the laws of the Republic of India. The courts of Tiruppur, Tamil Nadu shall have exclusive jurisdiction over any matter not subject to arbitration under Section 16.2, and both parties irrevocably submit to such jurisdiction.
Vaixus reserves the right to update or modify these Terms at any time. For material changes (changes that affect your rights or obligations in a significant way), we will provide at least 14 days' prior written notice via email or WhatsApp to active subscribers. For non-material changes (corrections, clarifications), we may update the Terms immediately by publishing the revised version on our website with an updated "Last Updated" date.
Your continued use of the Services after the effective date of any amendment constitutes your acceptance of the revised Terms. If you do not accept the amended Terms, you must cancel your subscription before the effective date of the amendment.
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Vaixus regarding the Services and supersede all prior negotiations, representations, or agreements.
If any provision of these Terms is found by a court or arbitrator to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be modified, and the remaining provisions shall continue in full force and effect.
No failure or delay by Vaixus in exercising any right, power, or remedy shall operate as a waiver of that right. A waiver of one breach does not constitute a waiver of any subsequent breach.
You may not assign, transfer, or sublicense these Terms or your rights under them to any third party without Vaixus's prior written consent. Vaixus may assign these Terms to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, floods, earthquakes, epidemics, pandemics, government actions, wars, civil unrest, power outages, internet disruptions, or third-party platform failures (WhatsApp/Meta outages). The affected party must notify the other promptly and resume performance as soon as reasonably practicable.
All legal notices to Vaixus must be sent to soorya@vaixus.in by email with a read receipt, or by registered post to: Vaixus Technologies, Tiruppur, Tamil Nadu, India. Notices to you will be sent to the email or WhatsApp number provided at onboarding.
These Terms are written in English. In the event of any conflict between the English version and any translation, the English version shall prevail.
If you have any questions about these Terms, please contact us: