Terms of Service

1. Acceptance of Terms

By accessing our website, creating an account, or otherwise using any Trovix LLP Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you are entering into these Terms on behalf of a company, institution, or other legal entity, you represent that you have the authority to bind that entity, in which case "you" and "your" refers to that entity.

Because Trovix LLP offers multiple distinct products, a specific Service may be governed by additional product-specific terms, an order form, or a statement of work ("Product Terms") agreed between you and Trovix LLP. These Terms apply to every Service by default; where Product Terms exist for a particular Service and conflict with these Terms, the Product Terms govern for that Service, and these Terms continue to govern all other Services and all matters not addressed in the Product Terms.

2. Eligibility

You must be at least 18 years of age and competent to enter into a binding contract under Section 11 of the Indian Contract Act, 1872 (or the equivalent law of your jurisdiction) to use our Services. If you are using the Services on behalf of an organization, you represent that the organization is duly organized and validly existing under applicable law and that you are authorized to accept these Terms on its behalf.

3. Account Registration

Certain Services require you to register for an account. You agree to provide accurate, current, and complete information during registration and to keep it up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly at info@trovixtech.com if you become aware of any unauthorized use of your account. We reserve the right to refuse registration, or to suspend or terminate an account, in accordance with Section 15 (Termination).

4. Acceptable Use

You agree to use the Services only for lawful business purposes and in accordance with these Terms, any applicable Product Terms, and all applicable laws and regulations. You are responsible for all data, content, and communications that you or your end users submit to, or transmit through, the Services ("Customer Data"), and for ensuring that you have all rights and consents necessary to process that Customer Data through the Services.

5. Prohibited Activities

You agree not to, and not to permit any third party to:

• Use the Services for any unlawful, fraudulent, defamatory, or harassing purpose;
• Send unsolicited bulk messages, spam, or communications to recipients who have not provided appropriate consent, including through WhatsApp, Messenger, Instagram, email, or voice calling features;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Services, except to the extent such restriction is prohibited by applicable law;
• Copy, resell, sublicense, rent, lease, or otherwise make the Services available to any third party except as expressly permitted by these Terms or applicable Product Terms;
• Scrape, harvest, or extract data from the Services other than through the features and APIs we provide for that purpose;
• Upload or transmit viruses, malware, or other code intended to disrupt, damage, or gain unauthorized access to any system;
• Circumvent, disable, or interfere with security-related features of the Services or attempt to gain unauthorized access to any account, system, or network;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Infringe the intellectual property, privacy, or other rights of any third party; or
• Use the Services in a manner that violates the Meta Platform Terms, the WhatsApp Business Messaging Policy, the Facebook Login Policy, the Instagram Platform Policy, or the terms of any other third-party platform integrated with the Services.

6. WhatsApp and Meta Platform Compliance

Certain Services enable integration with Meta Platforms, Inc. services, including the WhatsApp Business Platform, Facebook Login, Facebook Lead Ads, Instagram messaging, and Messenger. Where you use such integrations, you additionally agree that:

• You will comply with the Meta Platform Terms, the WhatsApp Business Messaging Policy, the Facebook Login Policy, and the Instagram Platform Policy, as applicable, as each may be updated by Meta from time to time;
• You are solely responsible for obtaining valid opt-in consent from recipients before sending them messages through WhatsApp, Messenger, or Instagram, and for the content of any message, advertisement, or lead form you configure or send through the Services;
• You will not use these integrations to send messages relating to prohibited or restricted content categories under Meta's policies, and you will not use lead data or message data obtained through these integrations for any purpose other than your own legitimate business communications with the relevant individual;
• Trovix LLP acts as a technology provider enabling your use of these integrations; you, and not Trovix LLP, are the sender, advertiser, or data controller of record in respect of messages, advertisements, and lead forms that you configure and control; and
• We may suspend or restrict your access to a Meta-connected feature, without liability to you, where we reasonably believe your use violates this Section, Meta's policies, or applicable law, including where such action is required by Meta.

7. API Usage

Where a Service provides access to an application programming interface (API), whether developed by Trovix LLP or made available as a pass-through to a third-party API such as a Meta API, your use of that API is subject to any documentation, rate limits, and usage policies we publish, in addition to these Terms. You must keep all API keys, tokens, and credentials confidential and are responsible for all activity conducted using your credentials. We may suspend or revoke API access for activity that we reasonably believe constitutes abuse, a security risk, or a violation of these Terms. APIs are provided on an "as is" basis and may be modified, versioned, or deprecated with reasonable notice where practicable. Where an API wraps or exposes a third-party platform's functionality, your use is also subject to that third party's own developer terms.

8. Third-Party Integrations

The Services may integrate with third-party platforms and services, including Meta Platforms (Facebook, Instagram, WhatsApp, Messenger), payment gateways, cloud hosting providers, and communication or analytics providers. Your use of any such integration is also governed by the applicable third party's terms of service and privacy policy. We do not control, and are not responsible for, the availability, functionality, or policies of third-party platforms, and we are not liable for any change, suspension, or discontinuation of a third-party platform that affects the Services.

9. Subscription

Paid Services are made available on a subscription basis for the term, features, and usage limits specified at the time of purchase or in the applicable order form. Unless otherwise stated in the applicable order form, subscriptions renew automatically for successive terms equal to the original subscription period unless cancelled in accordance with the notice period specified at the time of purchase. We may offer upgrades, downgrades, or changes to plan features from time to time, subject to any applicable price adjustment.

10. Billing

Fees for paid Services are payable in advance for each billing cycle through the payment method you provide, in accordance with the pricing and invoicing terms specified at the time of purchase or in the applicable order form. Failure to pay undisputed fees when due may result in suspension of access to the relevant Service until payment is received. You must notify us of any billing dispute within a reasonable period of the relevant invoice date; undisputed amounts remain payable pending resolution. Except as expressly stated in an applicable order form or as required by law, fees are non-refundable.

11. Taxes

Unless expressly stated otherwise, fees for the Services are exclusive of applicable taxes, including Goods and Services Tax (GST) and any other tax, duty, levy, or similar governmental charge imposed on the provision of the Services. You are responsible for all such taxes other than taxes on Trovix LLP's net income. Where required under applicable Indian tax law, we will charge and collect applicable taxes on our invoices.

12. Intellectual Property

Trovix LLP and its licensors retain all right, title, and interest in and to the Services, including all associated software, source code, documentation, trademarks, trade names, logos, and underlying technology. Except for the limited, non-exclusive, non-transferable right to access and use the Services in accordance with these Terms and any applicable Product Terms, no rights are granted to you by implication or otherwise. As between you and Trovix LLP, you retain all right, title, and interest in and to your Customer Data. If you provide us with feedback or suggestions about the Services, you grant us a non-exclusive, royalty-free, perpetual license to use that feedback to improve our Services, without any obligation to you.

13. Confidentiality

Each party may disclose non-public business, technical, or product information to the other in connection with these Terms ("Confidential Information"). The receiving party will use the disclosing party's Confidential Information solely to exercise its rights and perform its obligations under these Terms, and will protect it using at least the same degree of care it uses to protect its own confidential information of similar nature, and no less than a reasonable degree of care. These obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, was already lawfully known to the receiving party, is independently developed without reference to the disclosing party's Confidential Information, or is required to be disclosed by law, provided that, where legally permissible, the receiving party gives the disclosing party reasonable prior notice.

14. Availability

We use commercially reasonable efforts to make the Services available and to maintain their performance and security. The Services may be temporarily unavailable for scheduled maintenance, emergency maintenance, or reasons beyond our reasonable control, including the unavailability of third-party platforms integrated with the Services, such as Meta Platforms. Except where a specific service-level commitment is set out in a separate written agreement or order form, the Services are not guaranteed to be uninterrupted, timely, secure, or error-free.

15. Termination

You may stop using the Services, or terminate a paid subscription, in accordance with the cancellation terms specified at the time of purchase or in the applicable order form. We may suspend or terminate your access to the Services, in whole or in part: (a) for any material breach of these Terms or applicable Product Terms that is not cured within a reasonable period after notice, where capable of cure; (b) immediately, where you violate Section 5 (Prohibited Activities) or Section 6 (WhatsApp and Meta Platform Compliance), or where required by applicable law or by a third-party platform such as Meta; or (c) for convenience, upon reasonable prior notice, in the case of Services provided without a fixed term.

Upon termination, your right to access and use the Services will end, and fees accrued but unpaid as of the effective date of termination will remain due. Handling of Customer Data following termination, including export and deletion, is addressed in our Privacy Policy. Sections of these Terms that by their nature should survive termination — including Intellectual Property, Confidentiality, Disclaimer, Limitation of Liability, Indemnification, and Governing Law — will survive.

16. Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY THIRD-PARTY PLATFORM INTEGRATED WITH THE SERVICES, INCLUDING META PLATFORMS, WILL REMAIN AVAILABLE OR UNCHANGED.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TROVIX LLP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TROVIX LLP'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO TROVIX LLP FOR THE RELEVANT SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS WILL NOT APPLY TO LIABILITY ARISING FROM A PARTY'S INDEMNIFICATION OBLIGATIONS, BREACH OF CONFIDENTIALITY, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification

You agree to indemnify, defend, and hold harmless Trovix LLP, its partners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to: (a) your use of the Services in violation of these Terms, applicable Product Terms, or applicable law; (b) your Customer Data, or any message, advertisement, or communication sent through the Services; or (c) your violation of the Meta Platform Terms, the WhatsApp Business Messaging Policy, or any other third-party platform terms applicable to your use of the Services. Trovix LLP agrees to indemnify, defend, and hold you harmless from any third-party claim that the Services, as provided by us and used in accordance with these Terms, infringe that third party's intellectual property rights under Indian law. In each case, the indemnifying party's obligations are conditioned on prompt written notice of the claim, and the indemnifying party being given control of the defense and settlement of the claim.

19. Force Majeure

Neither party will be liable for any failure or delay in performance under these Terms (other than payment obligations) resulting from causes beyond its reasonable control, including acts of God, natural disaster, war, terrorism, riot, epidemic or pandemic, governmental action, labor disputes, failure of telecommunications, internet, or power infrastructure, or the unavailability, suspension, or policy changes of a third-party platform such as Meta Platforms, WhatsApp, Facebook, or Instagram.

20. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties will first attempt in good faith to resolve the matter through negotiation between authorized representatives. If the dispute is not resolved within thirty (30) days of one party notifying the other in writing of the dispute, it will be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, and any statutory modification or re-enactment thereof. The arbitration will be conducted by a sole arbitrator mutually appointed by the parties, or, failing agreement, appointed in accordance with the Act. The seat and venue of arbitration will be Nagpur, Maharashtra, India, and the language of arbitration will be English. The arbitral award will be final and binding on the parties. Nothing in this Section prevents either party from seeking urgent interim or injunctive relief from a competent court.

21. Jurisdiction

Subject to Section 20 (Dispute Resolution), the courts of competent jurisdiction at Nagpur, Maharashtra, India will have exclusive jurisdiction over any matter arising out of or relating to these Terms that is not subject to, or that arises in connection with, arbitration under Section 20, including applications for interim relief.

22. Indian Governing Law

These Terms, and any dispute arising out of or in connection with them or the Services, are governed by and construed in accordance with the laws of India, including the Indian Contract Act, 1872, the Information Technology Act, 2000, and the rules made thereunder, and, in respect of Trovix LLP's status as a limited liability partnership, the Limited Liability Partnership Act, 2008, without regard to conflict-of-law principles.

23. Changes to These Terms

We may revise these Terms from time to time to reflect changes in our Services, business practices, or applicable law. We will post the revised Terms on this page with an updated "Last updated" date, and, where changes are material, will use reasonable efforts to provide additional notice. Your continued use of the Services after the effective date of a revision constitutes your acceptance of the revised Terms.

24. Contact Information

If you have questions about these Terms, please contact us:

Trovix LLP
Nagpur, Maharashtra, India
Email: info@trovixtech.com
Website: https://www.trovixtech.com