Terms of Use

1.1. The Customer acknowledges that it has read the Terms of Service, understands them, and agrees to be bound by the terms as mentioned in this Terms of Service.

1.2. Your use and access of the Platform, Products and other services, features, functionality, software and products offered by us (collectively the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy, and any other rules and policies of the Platform that we may publish from time to time.

1.3. You must read the Privacy Policy which governs the collection, use, and disclosure of personal information about Users. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.

2.1. We own, operate and manage an online web-based platform https://vishwa.ai (“Website” or “Platform”) which provides a specialised artificial intelligence solutions (“Products”) to any person using the Platform (including his/her/their representative, employees, agents, etc.) (“Customer” or “User”) including tools, software, channels, data feeds, computer programs, applications and services offered or designed by vishwa.ai.

2.2. Account Registration, Provision of Products and Services and Use of the Platform:

2.2.1. User must be registered on the Platform to access or avail the Products / Services. You must “register” or “sign in” or press a similar button that is presented to the Customer at the time of its opening or accessing of an online account with vishwa.ai on the Platform, in order to access and use the Products and Services. Further, We reserve the right, without prior notice, to restrict access to or use of certain Products and/or Services (or any features therein) subject to other conditions that We may impose in our discretion.

2.2.2. Except with Our approval, one User may only register one account on the Platform. We may cancel or terminate a User’s account if We have reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, We may reject User’s application, without assigning any reasons thereof, for registration for any other reason.

2.2.2. Except with Our approval, one User may only register one account on the Platform. We may cancel or terminate a User’s account if We have reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, We may reject User’s application, without assigning any reasons thereof, for registration for any other reason.

2.2.3. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under your account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any Services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.

2.2.4. When you access the Platform you are electronically communicating with Us. We may communicate with you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Platform or by sending in-app notifications or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from us with respect to your use of the Platform and it shall be deemed by your continued use of the Platform that you agree and consent to receive any communications from Us.

2.2.5. During the Term, the Customer may access or use the Platform, subject to:

a. the terms as mentioned in the Order Form, if any, detailing scope of Services and Products including without limitation, statements of work, (“Order Form”); and/or

b. the terms mentioned herein in this Terms of Use, as the case maybe.

In case of conflict between the terms of the Order Form and the Terms of Use, the terms of the Order Form would prevail.

2.2.6. You acknowledge that the Platform also integrates with the other service providers platform to provide the services to the Customers. In case you avail services while accessing the Platform, that may be supported and/or provided by a third party service provider(s), for all such services your contracting entity will be such a third party service provider(s), as the case may be. We disclaim all liability for any claims that may arise pursuant to your use of services provided by such third party service provider(s). You are cautioned to read such third parties terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that We have no control over such third parties’ websites and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such web sites.

2.3. Use of Documentation: Subject to these Terms and specifically paragraph 5 below, the Customer may use and reproduce the any user guides, manuals, handbooks, materials, instructions, and specifications (“Documentation”), Confidential Information, made available by vishwa.ai to the Customer for using the Platform, only to the extent as may be necessary to support the Customer’s or Authorised User’s interactions with and use of the Platform.

2.4. Revisions to the Platform: vishwa.ai may at any time, with or without notice, revise any of the features and functions that it provides in its Platform, and/or withdraw, terminate, and/or suspend any or part of the Services without cause or in case of any breach of the Terms by the User. In addition, termination of any or part of any Product / Services shall not impact provision of other services or other business arrangements or agreements which the User may have entered into with Us.

2.5. User agrees and confirms that any Products and/or Services provided to you by us are on best efforts basis and We may engage services of third party service provider(s) to facilitate such Services to you. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.

2.6. User acknowledge that the Services are being provided to you on a ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using or uploading information on the Platform. User agrees that we reserve the right to suspend the Services, forthwith without assigning any reason whatsoever, at our sole discretion.

2.7. vishwa.ai makes no warranty, express or implied, with respect to any matter, including without limitation advertising and other services, and expressly disclaims the implied warranties or conditions of non-infringement, merchantability, and fitness for any specific purpose. vishwa.ai makes no warranties with respect to the results of or use of the vishwa.ai Platform or the Products and Services, Platform Content and the Customer assumes all risk and responsibility with respect thereto.

3.1. The Platform is available for use and access to Users who can form legally binding contracts under Indian Contract Act, 1872. For the purposes of these Terms, the term ‘persons’ shall mean any sole proprietor, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India.

4.1. The Customer shall pay to vishwa.ai the applicable Platform Fees in lieu of the access to the Platform and use of the Products and Services in accordance with the terms of the Order Form (if applicable) and these Terms.

4.2. Unless specified in the Order Form, the: (a) Platform Fees paid are non-refundable and payment obligations are non-cancellable; (b) where vishwa.ai chooses to modify the Platform Fees in its sole discretion, the Platform Fees payable by you shall be the Platform Fees as identified specifically in the Order Form.

4.3. The Customer authorizes vishwa.ai to charge an amount equal to the Platform Fees on a monthly/quarterly/annual basis, to the credit card and/or bank accounts as may be specified in the Order Form in advance of the provision of Services to the Customer by means of automatic debit or credit card charge for the duration the Term. The Customer hereby agrees to keep such valid credit card and/or bank account in effect with sufficient credit limit to enable vishwa.ai to charge the Platform Fees every month/quarter/annual period, as applicable, and not to challenge such charges or to request reversal of such charges. vishwa.ai will not be required to refund the Platform Fees under any circumstances.

4.4. Unless otherwise stated, vishwa.ai’s Platform Fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including but not restricted to value-added, sales and use, or withholding taxes, assessable by any local, state, provincial, federal, or foreign jurisdiction (collectively, “Taxes”). The Customer is responsible for paying all Taxes associated with its purchases hereunder. If vishwa.ai has the legal obligation to pay or collect Taxes for which Customer is responsible under this paragraph, Customer shall pay vishwa.ai for such amount of Taxes and the appropriate amount shall be invoiced to and paid by Customer, unless Customer provides vishwa.ai with a valid tax exemption certificate authorized by the appropriate taxing authority.

5.1. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), except where the Services expressly permits such reproduction or downloading; and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with Us, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes.

5.2. We shall at all times remain the owner of the Platform Content, except where such Platform Content has been generated based on the Content (“User Generated Platform Content”), in which case, to the extent permitted by applicable law, you shall retain your ownership rights in such User Generated Platform Content. For such limited extent, we assign to you all our right, title, and interest, if any, in and to the Platform Content forming part of the User Generated Platform Content.

5.3. The Customer shall not:

5.3.1. Misuse the Platform or authorize any third party to do so;

5.3.2. Provide Platform passwords and other login credentials to any third party and enable them to access or derive benefit out of the Platform;

5.3.3. Share the non-public features of the Platform with any third party;

5.3.4. Access the Platform in order to build a similar or competitive product or service, and take or copy ideas from vishwa.ai Brand including, but not limited to graphics, designs, features, and functions.

5.4. The Customer shall take all reasonable steps to prevent unauthorized access to the Platform including but not limited to protecting the passwords and other login credentials.

5.5. The Customer shall notify vishwa.ai of any suspected unauthorized use of the Platform immediately or as soon as reasonably possible and shall use reasonable means to stop the said breach.

5.6. In its use of the Platform, the Customer agrees that it shall abide by all applicable laws and regulations including, but not limited to laws governing the protection of Personal Data and other laws applicable to the protection of Customer Data including but not limited to the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time.

5.7. User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

5.8. Breaches: In the event of a breach or where it is suspected that there is a breach of these Terms, or is otherwise found inappropriate or unlawful in Our opinion, We shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:

5.8.1. suspending or terminating the User’s account and any and all accounts determined to be related to such account by us in Our discretion;

5.8.2. blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;

5.8.3. removing any product listings or other User Content that the User has submitted, posted or displayed;

5.8.4. withhold settlement of payments by us to the User;

5.8.5. any other corrective actions, discipline or penalties as We may deem necessary or appropriate in Our sole discretion.

5.9. We reserve the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing and/or any third parties alleging a claim against you. Further, We may disclose the User’s identity and contact information, if requested by any third party, government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.

6.1. The content and/or data shared by you with us shall be broadly of two types, Customer Data (as defined below) and User Content, (as defined below) which are collectively referred to as ‘Content’.

6.2. While registering the User account on the Platform you will be required to furnish details about you and with respect to yourself including without limitation, name, address, phone number and/ or any other information that may be required by us (“Customer Data”). You agree and acknowledge that we may directly or through a third-party service provider validate the information provided by you on the Platform. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your user account information. If any information provided by you is found to be incorrect or misleading, We reserve our right to take appropriate steps, including suspension and/or deletion of your account (without any refunds of Fees, etc.). For the purposes of verification of your account information, you agree that we may share your information with such third party service provider in accordance with the terms of the Privacy Policy. We reserve the right to seek additional information from you about you and your business, from time to time and you consent to provide such additional information to continue using the Platform.

6.3. User Content shall mean the data you provide to us by posting or displaying any information, content or material including the data generated using our Services on the Platform. In addition, the User Content shall also include the documents, other data including but not limited to invoices, menus, other business related data that you wish to upload in order to use Our Services.

6.4. You grant perpetual, worldwide, royalty-free, and sub-licensable license to us to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content (which is non-personally identifiable) in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the User. Provided that where such User Content is generated and/or derived from the content of the third party, you shall grant us the above license subject to having the rights and adequate permissions and consents from such third party. Subject to the foregoing, you confirm and warrant to us that you have all the rights, power and authority necessary to grant the above license.

6.5. You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Content to us to use our Platform and Services.

6.6. Without prejudice to the terms of the Privacy Policy, We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.

6.7. When you use our Services you understand and agree that you must evaluate User Content for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing User Content from the Services.

6.8. Notwithstanding anything to the contrary herein, you agree that any Content (including technical and other data about Your use of the Services) that is non-personally identifiable can be used by us to analyze, improve, support and operate the Services and otherwise for any business purpose during and after the Term.

6.9. Without prejudice to the foregoing, these Terms should be read together with the privacy policy which govern the privacy policies adopted by us in relation to Your Personal Data (as defined under the Privacy Policy).

7.1. vishwa.ai is the sole owner of and retains all titles, rights, and interests in and to the Platform and Products and Services, Platform Content, Our IP.

7.2. “vishwa.ai”, and any other related icons and logos are trademarks of LeverLattice Private Limited, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

7.3. The Customer shall not claim any authority over the Platform and Products and Services, Platform Content, Our IP at any time, whether or not the Customer is using / accessing the Platform, Products and Services.

  For the purposes of these Terms, “Our IP” means and refers to any/all ideas, concepts, creations, discoveries, domain names, inventions, improvements, know-how, trade or business secrets, patents, copyright (including designs and moral rights), trademarks, service marks, designs, utility models, tools, devices, methods, procedures, workflows, systems, algorithms, works of authorship, flowcharts, drawings, source codes, object codes, electronic codes, proprietary techniques, research projects, confidential and proprietary information, computer programming code, databases, images, audio, video, software programs, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, regardless of whether registrable or not, and any written or verbal instructions or comments.

8.1. “Feedback” shall refer to any suggestions or ideas for improving or modifying vishwa.ai’s Platform, Website or any of the Products and Services. vishwa.ai does not agree to treat any Feedback as confidential and nothing in this Agreement or any other documentation or any dealing with the Customer or Authorised User shall restrict vishwa.ai’s right to use, disclose, publish, highlight, hide or otherwise profit out of such Feedback, without any accrual of compensation or credits to the Customer or the User.

9.1. The Customer:

9.1.1. Shall only disclose Confidential Information to any agent, employee, or contractor of the Customer on a need-to-know basis, provided, an appropriate non-disclosure agreement has been executed between them;

9.1.2. Shall not disclose Confidential Information to any other third party without vishwa.ai’s prior written consent;

9.1.3. Shall protect Confidential Information in the manner and with the same degree of care it uses to protect its own Confidential Information of similar nature and significance, but with no less than what is considered reasonable care; and

9.1.4. Shall promptly notify vishwa.ai of any misuse or misappropriation of Confidential Information that comes to Customer’s knowledge.

9.2. Notwithstanding the foregoing, the Customer may disclose Confidential Information as required by applicable law or by proper legal or governmental authority. The Customer shall give vishwa.ai prompt notice of any such legal or governmental demand and reasonably cooperate with vishwa.ai in any effort to seek a protective order or otherwise to contest such required disclosure.

9.3. Customer acknowledges and agrees that breach of this Article 9 would cause vishwa.ai irreparable harm, damage, or injury, for which monetary damages would not provide adequate compensation, and that without prejudice to any other remedy, vishwa.ai will be entitled to injunctive relief against such breach or threatened breach, without proving actual damage.

9.4. This Agreement does not transfer the ownership of any Confidential Information. vishwa.ai will retain all rights, titles, and interests in and to all Confidential Information.

10.1. Customer shall defend, indemnify, and hold harmless vishwa.ai, and its affiliates from all liabilities, claims, and expenses (including reasonable attorneys’ fees) paid or payable to any third party, that arise from or relate to any third-party claim including but not limited to: (a) allegations that any Customer Data infringes or misappropriates such third party’s Intellectual Property rights or proprietary rights; (b) arising from Customer’s use of the Platform or Products and Services in violation of this Agreement, applicable laws, or any other policies, as amended and made available/notified by vishwa.ai on their Platform and/or Website.

11.1. To the maximum extent permitted by law, the Products and Services provided by us on or through the Platform are provided “as is”, “as available” and “with all faults”, and We hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.

11.2. vishwa.ai’s liability arising out of or related to this Agreement shall not exceed INR 1,000 (Rupees One Thousand Only).

11.3. Under no circumstances, including, but not limited to, negligence, system failure or network outage, shall vishwa.ai or its affiliates be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages that result from this Agreement, even if such party or its authorized representative has been advised of the possibility of such liability for damages.

11.4. vishwa.ai shall have no liability for any claims, losses or damages arising out of or in connection with Customer’s use of any third-party applications, linked website or the products, services, software or other websites linked in the Platform.

11.5. The Platform may provide links (or allow the User to provide links) (the “Linked Websites”) that allow the User to leave the Platform and/or access third-party websites or access the vishwa.ai Platform through third-party websites and the access of the Linked Websites by the User shall be governed by the terms of service and privacy policy of the applicable Linked Websites. The Linked Websites are not under the control of vishwa.ai, and it is not responsible for the contents of any Linked Websites, any link contained in a Linked Website, any changes or updates to such sites or the performance or security of such other sites. vishwa.ai is not responsible for any content of or transmission to or from any Linked Website. vishwa.ai provides these links only as a convenience or feature of the vishwa.ai Platform, and the inclusion of any link does not imply endorsement by vishwa.ai of the Linked Websites. Users may access any such third-party websites or access the Platform through any third-party websites at the sole risk and discretion of the User.

11.6. For the removal of any doubt, vishwa.ai’s liability limits and other rights set forth in Article 12 apply likewise to vishwa.ai’s affiliates, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.

12.1. The Customer agrees to permit vishwa.ai to use Customer’s name, trademarks, and service marks with use cases in order to identify as vishwa.ai’s Customer on the Website, in vishwa.ai’s marketing materials or in any other marketing and sales activities, unless that Customer notifies vishwa.ai in writing of its revocation of such permission.

13.1. No Agency vishwa.ai and Customer are independent contractors, and neither vishwa.ai nor Customer is an agent, representative or partner of the other. vishwa.ai and Customer shall each have sole responsibility for all acts and omissions of their respective personnel. Neither party shall have any obligation for any employee-related benefits or withholding taxes applicable to the other party’s personnel performing services pursuant to this Agreement.

13.2. Force Majeure No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labour disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.

13.3. Severability To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfil its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.

13.4. No Waiver Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.

13.5. Choice of Law & Jurisdiction This Agreement shall be governed by and construed and enforced in accordance with the Laws of India. The Parties hereby consent to the exclusive jurisdiction of Hyderabad, India.

13.6. Conflicts and Inconsistencies. In the event of any conflict between this Agreement and the Order Form, the terms of the Order Form shall prevail.

13.7. Amendment vishwa.ai may amend this Agreement from time to time by posting an amended version on its Website/Platform. Customer’s continued use of the Platform, and Products and Services after such amendment will confirm Customer’s consent thereto. vishwa.ai may revise the Privacy Policy at any time by posting a new version of either on the Website/Platform, and such a new version will become effective on the date it is posted.

13.8. Entire Agreement This Agreement sets forth the entire agreement of the parties and supersedes all prior agreements (whether in oral or written format), discussions, and negotiations with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.

13.9. Grievance Officer If you have any questions or concerns with respect to this Terms of Use or the Platform or any information contained thereon, you may contact us by writing to us at:

  Grievance Officer: Dr. Mohit Kumar

  E-mail ID: [email protected]

  Address: 2-2-18, Flat No. 401, Acropolis Apts, D D Colony, Jama I Osmania, Hyderabad, Secunderabad, Telangana, India, 500007