Terms of Use

By accessing or using any part of the Services, you confirm that you are at least 18 years of age, have the legal capacity to enter into a binding contract, and agree to these Terms on your own behalf or on behalf of the organisation you represent.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, "you" and "your" refer to that entity.

These Terms are to be read together with our Privacy Policy and any Order Form, Master Service Agreement, or Data Processing Agreement entered into between you and Riv.ai. In the event of any conflict between these Terms and a separately executed agreement, the separately executed agreement prevails.

Riv.ai provides an AI-powered Communications Platform as a Service (CPaaS) that enables businesses to send and receive messages, make and receive voice calls, automate customer communication workflows, and analyse customer engagement - across channels including WhatsApp Business, SMS, RCS, Voice AI, Email, and AI Chatbots (the "Platform").

The Services also include our website at riv.ai, any associated mobile applications, APIs, documentation, support services, and any other tools or features we make available.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3.1 Registration

To access certain features of the Services, you must register for an account by providing accurate, current, and complete information. You agree to keep your account information up to date.

3.2 Account security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at sales@rivai.in if you suspect unauthorised access to your account. We are not liable for any loss arising from your failure to safeguard your credentials.

3.3 Authorised users

Where you access the Services on behalf of an organisation, you may create sub-accounts for authorised users within your organisation. You are responsible for ensuring that all such users comply with these Terms.

3.4 Account sharing

You may not share your account credentials with any third party outside your organisation or use the Services to provide access to competitors of Riv.ai.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not use the Services to:

• Transmit spam, unsolicited commercial messages, or bulk messages without recipient consent in violation of applicable laws (including India's TRAI regulations, the CAN-SPAM Act, or equivalent)
• Send messages that are abusive, harassing, threatening, defamatory, obscene, fraudulent, or otherwise unlawful
• Violate any applicable laws or regulations, including consumer protection, anti-spam, telemarketing, or data protection laws
• Infringe the intellectual property, privacy, or other rights of any third party
• Introduce malware, viruses, or any malicious code into our systems or infrastructure
• Conduct denial-of-service attacks, scraping, or any activity that unreasonably burdens our infrastructure
• Attempt to gain unauthorised access to any part of the Services, our systems, or the accounts of other customers
• Reverse-engineer, decompile, or attempt to extract the source code of any part of the Services
• Resell or sublicense access to the Services without our prior written consent
• Use the Services in any way that could damage Riv.ai's reputation or relationships with telecom operators, messaging providers, or regulators

We reserve the right to investigate suspected violations and, where appropriate, report them to law enforcement authorities. We may suspend or terminate your access immediately upon detecting a violation of this section.

5.1 Riv.ai IP

The Services, including all software, algorithms, AI models, user interfaces, logos, trademarks, and documentation, are owned by or licensed to RivAi Communications Private Limited and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Services or our intellectual property other than the limited licence described below.

5.2 Licence to use the Services

Subject to your compliance with these Terms and any applicable Order Form, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services solely for your internal business purposes during the term of your subscription.

5.3 Your content

You retain all rights to the data, messages, and content ("Your Content") you submit to or generate through the Services. By using the Services, you grant us a limited, worldwide, royalty-free licence to process, store, and transmit Your Content solely to the extent necessary to provide the Services to you. We do not claim ownership of Your Content.

5.4 Feedback

If you provide suggestions, ideas, or feedback regarding the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback without restriction or compensation to you.

6.1 Fees

Certain Services are provided on a paid subscription or usage basis. Fees are set out in the applicable Order Form or pricing page. All fees are exclusive of applicable taxes (including GST where applicable under Indian law) unless expressly stated otherwise.

6.2 Payment terms

Invoices are due and payable within the period stated in your Order Form (typically 15 days from invoice date unless otherwise agreed). Late payments may attract interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower, from the due date until payment is received.

6.3 Taxes

You are responsible for all applicable taxes, levies, and duties associated with your use of the Services. For Indian customers, all prices are subject to applicable GST. You agree to provide valid GST registration details where required for invoicing purposes.

6.4 Refund policy

Subscription fees paid in advance are generally non-refundable, except where required by applicable law or as expressly stated in an Order Form. Usage-based charges for messages delivered or calls completed are non-refundable. If you believe an error has occurred in your billing, please contact us within 30 days of the invoice date.

6.5 Fee changes

We may change our fees with at least 30 days' prior written notice. Continued use of the Services after the new fees take effect constitutes acceptance of the revised fees.

Each party may receive confidential information from the other in connection with the Services ("Confidential Information"). Confidential Information means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

Each party agrees to: (a) keep the other party's Confidential Information strictly confidential; (b) not disclose it to any third party without prior written consent; and (c) use it solely to exercise rights or fulfil obligations under these Terms.

These obligations do not apply to information that: (i) is or becomes publicly available through no breach of these Terms; (ii) was already known to the receiving party prior to disclosure; (iii) is independently developed by the receiving party without reference to the Confidential Information; or (iv) is required to be disclosed by law, court order, or regulatory authority, provided the receiving party gives prompt written notice to the disclosing party where legally permitted.

The Services are provided on an "as is" and "as available" basis to the fullest extent permitted by applicable law. Riv.ai expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Services will be uninterrupted, error-free, or free of viruses
• Warranties regarding the accuracy, reliability, or completeness of any content
• Warranties that message delivery rates, call connection rates, or AI output will meet any particular standard (delivery is subject to telecom operator and device limitations beyond our control)

Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under applicable consumer protection law in your jurisdiction.

To the maximum extent permitted by applicable law, in no event will Riv.ai, its directors, employees, agents, or affiliates be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of revenue, profit, data, goodwill, or business opportunity
• Damages arising from unauthorised access to or alteration of your data
• Damages arising from the conduct of any third party

even if Riv.ai has been advised of the possibility of such damages.

In any case, Riv.ai's total aggregate liability to you arising out of or related to these Terms or the Services - whether in contract, tort (including negligence), or otherwise - will not exceed the greater of: (a) the total fees paid by you to Riv.ai in the three-month period immediately preceding the event giving rise to the claim; or (b) ₹10,000 (Indian Rupees ten thousand).

The limitations in this section reflect an allocation of risk between the parties and are an essential element of the basis of the bargain between Riv.ai and you. These limitations apply to all causes of action in the aggregate.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable law.

You agree to defend, indemnify, and hold harmless RivAi Communications Private Limited and its directors, officers, employees, and agents from and against any claims, liabilities, damages, judgements, penalties, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of or access to the Services
• Your violation of these Terms or applicable law
• Your Content, including any claim that Your Content infringes a third party's rights
• Any messaging campaigns, voice calls, or automated communications you initiate through the Services in violation of telecom regulations or applicable law

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence of such claim.

11.1 Termination by you

You may stop using the Services and close your account at any time by contacting us at sales@rivai.in. Termination does not entitle you to a refund of any prepaid fees unless otherwise required by law or your Order Form.

11.2 Termination or suspension by Riv.ai

We may suspend or terminate your access to the Services immediately and without notice if:

• You breach these Terms or any acceptable use requirement
• You fail to pay fees when due (after a 7-day cure period)
• We are required to do so by law, court order, or regulator
• Your use of the Services poses a security risk, legal liability, or reputational risk to Riv.ai or its other customers

Where practicable, we will give you reasonable prior notice before suspension or termination unless the breach is of a nature that requires immediate action.

11.3 Effect of termination

Upon termination, your licence to use the Services ends immediately. We will make Your Content available for export for 30 days following termination, after which it may be permanently deleted in accordance with our data retention schedule. Provisions of these Terms that by their nature should survive termination will do so.

12.1 Governing law

These Terms are governed by and construed in accordance with the laws of India, including the Indian Contract Act 1872 and the Information Technology Act 2000 (as amended), without regard to conflict-of-law principles. For customers located outside India, mandatory consumer-protection laws of your jurisdiction may also apply.

12.2 Dispute resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services, the parties will first attempt to resolve the matter through good- faith negotiation for a period of 30 days from written notice of the dispute.

If the dispute is not resolved through negotiation, it will be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act 1996 (India). The arbitration will be conducted by a sole arbitrator appointed by mutual agreement or, failing agreement, in accordance with the Act. The seat of arbitration will be Noida, Uttar Pradesh, India. The language of the arbitration will be English.

12.3 Jurisdiction

For any matter that cannot be submitted to arbitration, or for enforcement of an arbitral award, the parties submit to the exclusive jurisdiction of the courts at Noida / Gautam Buddh Nagar, Uttar Pradesh, India.

12.4 Consumer rights

Nothing in this section affects statutory rights you may have under the Consumer Protection Act 2019 (India) or equivalent mandatory consumer-protection laws in your jurisdiction that cannot be waived by contract.

We may update these Terms from time to time to reflect changes in our Services, applicable law, or our business practices. When we make material changes, we will:

• Update the "Last updated" date at the top of this page
• Notify registered users by email or through a prominent notice within the platform at least 14 days before the change takes effect (30 days for material changes that significantly affect your rights or obligations)

Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the changes. If you do not agree with the updated Terms, you must stop using the Services before the changes take effect.

For enterprise customers with separately executed agreements, changes to these Terms will not affect the terms of the separately executed agreement during its current term unless mutually agreed in writing.

For questions, notices, or concerns regarding these Terms, please contact us: