Terms of Service

TERMS OF SERVICE

Effective Date: 01/01/2024

Welcome to VivantNxt, a product owned and operated by Vivant360 Software Services (“Vivant360,” “Company,” “we,” “our,” or “us”).

These Terms of Service (“Terms”) govern your access to and use of the website, platform, software, applications, APIs, services, and related products made available through VivantNxt and the website vivant360.com (collectively, the “Services”).

By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must discontinue use of the Services immediately.

1. ACCEPTANCE OF TERMS

By using VivantNxt or any Services provided by Vivant360, you confirm that:
* You are legally capable of entering into a binding agreement;
* You are authorized to represent a business or organization where applicable;
* You agree to comply with all applicable laws and regulations.
If you are using the Services on behalf of an organization, you agree to these Terms on behalf of that organization.

2. DESCRIPTION OF SERVICES

VivantNxt is a low-code/no-code digital platform offered by Vivant360 that enables users to design, configure, automate, integrate, and manage business applications, workflows, forms, APIs, and related digital processes.

We reserve the right to modify, enhance, suspend, or discontinue any feature or functionality of the Services at any time without prior notice.

3. ACCOUNT REGISTRATION

To access certain features, users may be required to create an account.

You agree to:
* Provide accurate and complete information;
* Maintain the confidentiality of login credentials;
* Be responsible for all activities under your account;
* Notify us immediately of any unauthorized access or security breach.
We reserve the right to suspend or terminate accounts containing false, misleading, or unauthorized information.

4. ACCEPTABLE USE

You agree not to:
* Use the Services for unlawful, fraudulent, harmful, or deceptive activities;
* Attempt unauthorized access to systems, servers, APIs, or data;
* Upload malicious software, malware, viruses, or harmful code;
* Reverse engineer, decompile, or copy the platform;
* Interfere with or disrupt the integrity or performance of the Services;
* Use VivantNxt for spam, unauthorized marketing, or abusive communications;
* Violate the intellectual property rights of Vivant360 or third parties.
You remain solely responsible for the content, workflows, integrations, and data created using VivantNxt.

5. USER CONTENT AND DATA

You retain ownership of the data, forms, files, configurations, and business content you create or upload through VivantNxt (“Customer Data”).

By using the Services, you grant Vivant360 a limited, non-exclusive right to host, process, transmit, and store Customer Data solely for the purpose of delivering and improving the Services.

You are solely responsible for:
* Obtaining all necessary permissions and consents;
* Ensuring compliance with privacy and data protection laws;
* Maintaining backups where required.
We are not responsible for the accuracy, legality, or reliability of Customer Data.

6. THIRD-PARTY SERVICES AND INTEGRATIONS

VivantNxt may integrate with third-party services, including but not limited to:
* Meta / Facebook APIs
* Instagram integrations
* WhatsApp Business APIs
* CRM systems
* Payment gateways
* Cloud hosting providers
Your use of third-party services is governed by their respective terms and privacy policies.
Vivant360 is not responsible for third-party availability, security, downtime, or changes in their services.

7. SUBSCRIPTIONS, FEES, AND PAYMENTS

Certain features of VivantNxt may require paid subscriptions.

By subscribing, you agree to:
* Pay all applicable fees;
* Provide accurate billing information;
* Pay applicable taxes where required.
Unless otherwise agreed in writing:
* Subscription fees are non-refundable;
* Fees may change upon prior notice;
* Failure to make payment may result in suspension or termination of access.
Enterprise agreements or custom contracts may supersede these Terms.

8. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights relating to VivantNxt, including but not limited to:
* Software
* UI/UX
* Workflows
* APIs
* Documentation
* Logos
* Trademarks
* Source code
remain the exclusive property of Vivant360 Software Services or its licensors.
Nothing in these Terms grants ownership rights to users except for a limited, non-transferable right to use the Services.

9. DATA SECURITY

We implement commercially reasonable technical and organizational measures to protect customer information and platform security.

However, no system can be guaranteed as fully secure, and users acknowledge that use of the Services is at their own risk.

Users are responsible for maintaining secure passwords and access controls.

10. SERVICE AVAILABILITY

While we strive for uninterrupted service availability, we do not guarantee:
* Continuous uptime;
* Error-free operation;
* Compatibility with all devices or systems.
We may temporarily suspend Services for maintenance, upgrades, or security reasons.

11. PRIVACY

Your use of the Services is also governed by our Privacy Policy available at: Privacy Policy

By using the Services, you consent to the collection and use of information as described in the Privacy Policy.

12. CONFIDENTIALITY

Both parties agree to maintain the confidentiality of non-public business, technical, and commercial information disclosed during the course of service usage.

This obligation shall survive termination of these Terms.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Vivant360 shall not be liable for:
* Indirect, incidental, special, or consequential damages;
* Loss of profits, business, revenue, or data;
* Service interruptions or downtime;
* Third-party system failures;
* Unauthorized access or cyber incidents.
Our aggregate liability shall not exceed the amount paid by you to Vivant360 in the preceding twelve (12) months.

14. DISCLAIMER OF WARRANTIES

The Services are provided on an “AS IS” and “AS AVAILABLE” basis.

Vivant360 makes no warranties, express or implied, regarding:
* Merchantability;
* Fitness for a particular purpose;
* Non-infringement;
* Accuracy or reliability of the Services.
We do not guarantee that the Services will meet all business requirements or be uninterrupted.

15. TERMINATION

We reserve the right to suspend or terminate access to the Services if:
* These Terms are violated;
* Fraudulent or unlawful activity is detected;
* Required payments are not made;
* Continued access creates legal or security risk.
Users may terminate use at any time.
Termination does not relieve payment obligations accrued before termination.

16. INDEMNIFICATION

You agree to indemnify and hold harmless Vivant360, its employees, affiliates, officers, and partners from any claims, liabilities, damages, costs, or legal expenses arising from:

* Your use of the Services;
* Violation of these Terms;
* Violation of applicable law;
* Claims relating to Customer Data or integrations.

17. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and interpreted in accordance with the laws of India.
Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of courts located in Tamil Nadu, India.

18. CHANGES TO TERMS

We reserve the right to revise these Terms at any time.
Updated versions will be posted on:
vivant360.com
Continued use of the Services after updates constitutes acceptance of revised Terms.

19. CONTACT INFORMATION

For questions regarding these Terms, contact:

Vivant360 Software Services
178, Perumalpuram Main Road,
Tirunelveli – 627007, Tamil Nadu, India
Email: contactus@vivant360.net
Website: vivant360.com