Terms of Service

Last Updated: January 15, 2025

Welcome to Imided Digital Pvt. Ltd. ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Acceptance of Terms

By creating an account, accessing our website at imided.digital, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy.

If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Imided Digital provides AI automation and chatbot development services, including but not limited to:

  • Custom AI chatbot development and deployment
  • Sales automation and CRM integration services
  • Customer support automation solutions
  • AI integration and consultation services
  • Subscription-based chatbot hosting and maintenance
  • Training and support services

We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

3. Account Registration and Security

Account Creation

To access certain features of our services, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

Account Eligibility

You must be at least 18 years old to create an account and use our services. By creating an account, you represent that you meet this age requirement.

Account Termination

We reserve the right to suspend or terminate your account at any time if we believe you have violated these Terms, engaged in fraudulent activity, or for any other reason at our sole discretion. You may also terminate your account at any time by contacting us at [email protected].

4. Use of Services

Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable laws, regulations, or third-party rights
  • Use our services to transmit harmful, offensive, or illegal content
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the operation of our services
  • Use automated systems (bots, scrapers) to access our services without permission
  • Reverse engineer, decompile, or disassemble any part of our services
  • Remove or alter any copyright, trademark, or proprietary notices
  • Use our services to compete with us or develop competing products
  • Resell or redistribute our services without written authorization

Prohibited Content

You may not use our services to create, transmit, or store content that:

  • Is illegal, fraudulent, or deceptive
  • Infringes on intellectual property rights
  • Contains malware, viruses, or harmful code
  • Harasses, threatens, or discriminates against individuals or groups
  • Contains spam, unsolicited advertising, or promotional materials
  • Violates the privacy rights of others

5. Intellectual Property Rights

Our Intellectual Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, software, and trademarks, are owned by Imided Digital or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our services for your internal business purposes. This license does not include any right to:

  • Copy, modify, or distribute our content or software
  • Use our trademarks or branding without permission
  • Create derivative works based on our services

Your Content

You retain ownership of any content, data, or materials you provide to us ("Your Content"). By using our services, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display Your Content solely for the purpose of providing and improving our services.

You represent and warrant that:

  • You own or have the necessary rights to Your Content
  • Your Content does not violate any third-party rights
  • Your Content complies with these Terms and applicable laws

Custom Development Work

For custom development projects, ownership of deliverables will be specified in the project agreement. Typically:

  • You will own the final custom chatbot or solution after full payment
  • We retain ownership of our proprietary frameworks, tools, and methodologies
  • Source code and technical documentation will be provided upon project completion and full payment

6. Payment Terms

Fees and Billing

You agree to pay all fees associated with the services you purchase. Fees are described on our website and in service agreements. We reserve the right to change our fees at any time, with notice provided for subscription services.

Payment Methods

We accept payment via credit card, debit card, bank transfer, and other methods as specified. By providing payment information, you authorize us to charge the applicable fees to your payment method.

Automatic Renewal

Subscription services automatically renew at the end of each billing period unless cancelled before the renewal date. You will be charged the then-current rate for your subscription plan.

Late Payments

If payment is not received by the due date, we reserve the right to:

  • Suspend or terminate your access to services
  • Charge late fees or interest on overdue amounts
  • Pursue collection through legal means

Taxes

All fees are exclusive of applicable taxes (including GST, VAT, or other sales taxes). You are responsible for paying all applicable taxes unless you provide a valid tax exemption certificate.

7. Refunds and Cancellations

Our refund and cancellation policies are detailed in our Refund Policy. Please review that document for complete information about refunds, cancellations, and related terms.

8. Service Level and Availability

Service Availability

We strive to maintain high availability of our services but do not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance with advance notice when possible.

No Warranty

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Service Level Agreement (SLA)

Enterprise customers may have specific SLA commitments outlined in their service agreements. Standard and professional plans do not include SLA guarantees.

9. Data Protection and Privacy

We are committed to protecting your data and privacy. Our data handling practices are described in our Privacy Policy. By using our services, you consent to our collection, use, and disclosure of your information as described in the Privacy Policy.

You are responsible for:

  • Ensuring you have the right to provide any personal data to our services
  • Complying with applicable data protection laws when using our services
  • Obtaining necessary consents from end users of your chatbots
  • Maintaining appropriate security measures for your account

10. Limitation of Liability

To the maximum extent permitted by law, Imided Digital shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Service interruptions or data loss
  • Third-party actions or content
  • Unauthorized access to or alteration of your data

Our total liability for any claims arising from or related to our services shall not exceed the amount you paid to us in the 12 months preceding the claim, or INR 100,000, whichever is less.

11. Indemnification

You agree to indemnify, defend, and hold harmless Imided Digital, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:

  • Your use or misuse of our services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your Content or any content transmitted through your account
  • Your negligence or willful misconduct

12. Third-Party Services and Integrations

Our services may integrate with or link to third-party services, websites, or applications. We are not responsible for:

  • The availability, accuracy, or content of third-party services
  • Third-party privacy practices or terms of service
  • Any damages or losses caused by third-party services

Your use of third-party services is governed by their respective terms and policies.

13. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the business relationship. This includes:

  • Technical information, business strategies, and trade secrets
  • Customer data and user information
  • Pricing, financial information, and contract terms

Confidentiality obligations survive the termination of these Terms and your use of our services.

14. Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Jurisdiction

Any disputes arising from these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, India.

Arbitration

For disputes involving amounts less than INR 500,000, you agree to attempt to resolve the dispute through good-faith negotiation before pursuing legal action. If negotiation fails, disputes may be resolved through binding arbitration in accordance with Indian arbitration laws.

15. Term and Termination

These Terms remain in effect until terminated by either party. You may terminate your use of our services at any time by closing your account and ceasing to use our services.

We may terminate or suspend your access immediately, without prior notice, if you breach these Terms. Upon termination:

  • Your right to use our services will immediately cease
  • We may delete your account and data (subject to backup retention periods)
  • You remain liable for any outstanding fees or obligations
  • Sections of these Terms that by their nature should survive will remain in effect

16. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

  • Update the "Last Updated" date at the top of this page
  • Notify you via email or through our service (for material changes)
  • Provide you with an opportunity to review the changes before they take effect

Your continued use of our services after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using our services.

17. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any service agreements, constitute the entire agreement between you and Imided Digital regarding our services.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights under them without our written consent. We may assign these Terms without restriction.

Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or infrastructure failures.

18. Contact Information

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

Imided Digital Pvt. Ltd.
Legal Department
91 Springboard, 175 & 176 Bannerghatta Main Rd
BTM 2nd Stage, Bengaluru, Karnataka 560076, India
Email: [email protected]
Phone: +91 98765 43210

19. Acknowledgment

By using our services, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. If you do not agree to these Terms, you must not access or use our services.