Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the websites, software, APIs, and services made available under the vSense AI brand by Nativebyte Private Limited, a company incorporated in India (“vSense”, “Nativebyte”, “we”, “us”) — together, the “Services”.

By accessing or using the Services, or by entering into an order form, master agreement, or partner agreement that references these Terms, you agree to be bound by them. If you are using the Services on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

Any separately signed written agreement between Nativebyte Private Limited and a customer covering the Services — including an order form, master services agreement, statement of work, or data processing agreement — supersedes these Terms to the extent of any inconsistency, and the signed agreement will prevail.

vSense provides an enterprise AI platform with modular products for assistance, analytics, vision, and orchestration, together with related messaging services. As part of the Services we operate as a Tech Provider on the WhatsApp Business Platform, allowing customers to:

• Send and receive WhatsApp messages associated with their registered phone numbers.
• Upload and retrieve media exchanged in those messages.
• Manage their WhatsApp business profile information.
• Register phone numbers with Meta for use on the WhatsApp Business Platform.

We may improve, modify, or discontinue specific features of the Services from time to time. We will give reasonable advance notice of changes that materially reduce the functionality customers rely on.

The Services are intended for use by businesses and their authorised personnel. You must be at least 18 years of age and capable of forming a binding contract to use the Services. You are responsible for:

• The accuracy of the information you provide when registering or configuring an account.
• Maintaining the confidentiality of credentials, API keys, and access tokens issued to you, and for all activity under your account.
• Notifying us promptly at security@vsense.ai if you suspect unauthorised access to your account or to any data we hold for you.

You agree not to use the Services, and not to permit anyone else to use them, to:

• Send messages that are unlawful, deceptive, defamatory, infringing, harassing, obscene, or otherwise harmful, or that violate applicable telecommunications, consumer protection, or marketing laws.
• Send unsolicited bulk messages or any communication in violation of WhatsApp’s Business and Commerce Policies or other Meta platform policies.
• Initiate messaging experiences other than those initiated by a customer or by an end-user who has chosen to message that customer.
• Attempt to interfere with, disrupt, or gain unauthorised access to the Services, our infrastructure, or any other customer’s data.
• Reverse-engineer, decompile, or attempt to extract the source code of the Services, except to the extent such restriction is prohibited by law.
• Use the Services to develop a competing product, or to train any AI model using our proprietary outputs without our written consent.
• Process special categories of data (including health, biometric, or financial data of individuals) through the Services without first putting in place the additional safeguards required by law and notifying us in writing.

We may suspend or terminate access to the Services if we reasonably believe these rules have been violated, with notice where practicable.

When you use the WhatsApp messaging functionality, you also agree to comply with Meta’s policies as they apply to the WhatsApp Business Platform, including:

• The WhatsApp Business Solution Terms.
• The WhatsApp Business and Commerce Policies.
• Meta’s Platform Terms and Developer Policies.

You confirm that, where required, you have obtained valid opt-in from the end-users you message through WhatsApp, that you respect opt-out signals immediately, and that you publish a privacy notice that accurately reflects your use of the WhatsApp Business Platform.

Meta may suspend WhatsApp messaging capability for phone numbers that violate its policies. We will pass through such actions, and we may take additional protective actions if your usage exposes the platform to risk.

As between you and vSense, you retain all rights, title, and interest in the data you and your end-users submit to the Services (“Customer Data”). You grant us a limited licence to host, process, and transmit Customer Data only as necessary to provide and protect the Services.

• We treat Customer Data, including WhatsApp messages and media, as strictly confidential and use it only to service your requirements as described in our Privacy Policy.
• We do not sell Customer Data, and we do not grant any third party access to it for their own purposes.
• Any analytics or insights derived for product improvement, marketing, or advertising are based on aggregated and de-identified or anonymised information from which individual end-users cannot be re-identified.
• On termination of the Services, Customer Data will be returned or deleted in accordance with the deletion schedule in our Privacy Policy or our written agreement with you.

The Services, including all software, models, designs, documentation, trademarks, and related materials, are owned by vSense or its licensors and are protected by intellectual property laws. Nothing in these Terms transfers ownership of any vSense intellectual property. You are granted a non-exclusive, non-transferable, revocable right to use the Services during the term of your subscription, subject to these Terms.

Paid Services are charged according to the order form, statement of work, or pricing schedule agreed with you. Unless stated otherwise, fees are quoted in Indian Rupees (₹) and are exclusive of applicable taxes. We may suspend the Services for accounts that are materially overdue, after giving reasonable notice.

The Services interoperate with platforms operated by third parties — most notably the WhatsApp Business Platform provided by Meta. Your use of those platforms is governed by their own terms, and we are not responsible for changes those parties make to their platforms, outages, or actions they take on accounts. Where we rely on third-party sub-processors to provide the Services, they are contractually bound to confidentiality and security obligations consistent with those we owe to you.

We provide the Services with reasonable skill and care and in accordance with the security and availability commitments set out in our written agreements with customers.

Except as expressly stated in a signed agreement, the Services are provided “as is” and “as available”. To the maximum extent permitted by law, vSense disclaims all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. AI outputs are probabilistic and may be inaccurate; you are responsible for reviewing outputs before relying on them for material decisions.

To the maximum extent permitted by law, vSense will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, or data. vSense’s aggregate liability arising out of or relating to these Terms or the Services will not exceed the fees paid or payable by the customer to vSense for the Services in the two (2) months preceding the event giving rise to the claim. This limitation reflects the basis on which the Services are made available and applies in aggregate across all claims. Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, gross negligence, or wilful misconduct.

You agree to defend, indemnify, and hold vSense harmless from third-party claims, losses, and reasonable legal fees arising from your use of the Services in violation of these Terms, applicable law, or the terms of any third-party platform we rely on, including Meta’s WhatsApp Business Platform policies.

These Terms remain in effect for as long as you use the Services or as set out in your order form. Either party may terminate for material breach that is not cured within 30 days of written notice. We may suspend or terminate the Services immediately if your use poses a security or legal risk to us, to other customers, or to Meta.

On termination, your right to use the Services ends. Sections relating to Customer Data handling, confidentiality, intellectual property, warranties, liability, and governing law survive termination.

These Terms, and any contractual relationship between a customer and Nativebyte Private Limited, are governed by the laws of India, without regard to its conflict-of-laws rules. The courts at New Delhi, India have exclusive jurisdiction over disputes arising out of or relating to these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidentiality interests.

We may update these Terms from time to time. We will revise the effective date at the top of this page and, for material changes, notify customers by email or through the platform. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

For questions about these Terms or to give notice under them, contact us at:

• Entity: Nativebyte Private Limited (operating as vSense AI)
• Legal: legal@vsense.ai
• Security: security@vsense.ai
• General: leads@vsense.ai
• Phone: +91-8826-319-519
• Offices: Delhi and Pune, India