Effective date: April 24, 2026
These Terms of Service ("Terms") govern your access to and use of the Vivya Corp customer relationship management platform, marketing website, mobile applications, and related services (collectively, the "Services"). By accessing or using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
By creating an account, accessing, or using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.
We may update these Terms from time to time. Material changes will be communicated through the Services or by email. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
VivyaCRM provides a multi-tenant customer relationship management platform that helps organizations capture leads, manage contacts and deals, communicate with customers across channels (including email, SMS, WhatsApp, Facebook Messenger, and Instagram), and analyze pipeline performance.
The Services may evolve over time. We may add, modify, or discontinue features, and we will use commercially reasonable efforts to notify you of material changes that affect your use of the Services.
You must be at least 16 years old and legally capable of entering into a binding contract to use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You agree not to misuse the Services. Prohibited conduct includes but is not limited to the following.
You retain all rights to the data, contacts, messages, files, and other content you or your users submit to the Services ("Customer Data"). You grant Vivya Corp a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Customer Data solely to provide, secure, and improve the Services for you.
You represent that you have all necessary rights and consents to submit Customer Data to the Services and to grant the license above. You are responsible for the lawfulness, accuracy, and quality of Customer Data, including obtaining any required consents from data subjects (such as leads or contacts).
We handle Customer Data in accordance with our Privacy Policy and applicable data-protection laws. You may export or delete Customer Data through the Services or by contacting us at system@vivyacrm.com.
The Services integrate with third-party platforms (including Meta / Facebook / Instagram, Google, and Microsoft) that you may choose to connect. Your use of those integrations is subject to the third party's own terms and privacy policies, and we are not responsible for their acts or omissions.
By connecting a third-party account, you authorize us to access and process data from that platform as needed to deliver the features you enable (for example, Lead Ads forms, Page messaging, or calendar sync). We do not sell such data, use it to train generative AI models, or share it with third parties other than infrastructure sub-processors acting on our behalf.
You may disconnect a third-party integration at any time from the Integrations settings. Disconnecting may disable related features and may not delete data that was previously ingested into the Services.
Paid plans are billed in advance on a recurring basis (monthly or annually) at the rates set out in your order form or on our pricing page. Unless otherwise stated, all fees are non-refundable and exclusive of taxes, which you are responsible for.
We may change fees for future billing periods with reasonable prior notice. Failure to pay fees when due may result in suspension or termination of the Services. Free-tier or trial usage may be subject to feature or capacity limits and may be modified or discontinued at any time.
The Services, including all software, models, designs, trademarks, and documentation, are the property of Vivya Corp or its licensors and are protected by intellectual-property laws. Except for the limited right to use the Services granted under these Terms, no other rights are granted to you, whether by implication or otherwise.
If you provide feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without any obligation to you.
Each party may receive non-public information from the other in connection with the Services ("Confidential Information"). The receiving party will use Confidential Information only to perform its obligations under these Terms and will protect it using at least the same degree of care it uses for its own confidential information (and in no event less than reasonable care).
Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, was rightfully known before disclosure, is independently developed without use of the disclosing party's Confidential Information, or is rightfully received from a third party without a duty of confidentiality.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIVYA CORP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING 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 that defects will be corrected. You are responsible for evaluating whether the Services meet your requirements and for maintaining backups of Customer Data where appropriate.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIVYA CORP AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER.
You will defend, indemnify, and hold harmless Vivya Corp and its affiliates, officers, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your Customer Data, (b) your use of the Services in violation of these Terms or applicable law, or (c) your infringement or misappropriation of any third-party right.
You may stop using the Services and close your account at any time. We may suspend or terminate your access to the Services if you materially breach these Terms, if required by law, or to protect the security or integrity of the Services or other users.
Upon termination, your right to use the Services will cease immediately. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, and governing law) will survive. You may request export or deletion of Customer Data via the /data-deletion page for a limited period after termination.
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute arising out of or relating to these Terms or the Services, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property.
For customers whose organization is established in India, the laws of India apply and the courts at Chennai, Tamil Nadu will have exclusive jurisdiction.
We may update these Terms from time to time. When we do, we will revise the effective date at the top of this page and, for material changes, provide reasonable prior notice through the Services or by email. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
Questions about these Terms? Contact Vivya Corp at system@vivyacrm.com.
US Headquarters: Vivya Corp, 5 Independence Way, Suite 300, Princeton, NJ 08540, USA.
India Office: Vivya Corp, B-1 B-block, Morais City, Sembattu, Trichy, Tamil Nadu 620007, India.