Azuren Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and Azuren ("Company", "we", "us", "our"), the operator of the platform at https://www.azuren.ai ("Service"). By creating an account, accessing the Service, or clicking any "I Agree" or "Get Started" button, you unconditionally accept these Terms.

If you are using the Service on behalf of a business entity, you represent and warrant that you have full authority to bind that entity to these Terms, and all references to "you" shall include that entity.

If you do not agree with any part of these Terms, you must not access or use the Service.

These Terms are subject to applicable Indian law including the Indian Contract Act, 1872; the Information Technology Act, 2000; the Consumer Protection Act, 2019; and the Payment and Settlement Systems Act, 2007.

2. Eligibility

• You must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, to use the Service.
• You must have full legal capacity to enter into binding contracts under applicable law.
• Businesses using the Service must be duly registered entities or sole proprietors operating lawfully in their jurisdiction.
• The Service is intended for legitimate business operations. Use by political organisations, religious groups, or entities engaged in regulated financial activities (banking, insurance, stock trading) without appropriate licences is prohibited.
• We reserve the right to verify your identity and business details at any time and to suspend accounts where eligibility cannot be confirmed.

3. Description of Service

Azuren is an AI-powered business operations platform that enables businesses to automate WhatsApp customer interactions within a policy-controlled framework. Core features include:

• AI-driven WhatsApp conversation handling via the Meta WhatsApp Business API.
• Policy Engine: a configurable rule system that governs what actions the AI is permitted to take (0–5 autonomy levels).
• Business Knowledge Base: document and FAQ ingestion for AI-powered retrieval-augmented responses.
• Booking Automation: AI-driven appointment scheduling and routing workflows.
• Payment Link Generation: verified payment links via Razorpay, limited to prices defined in your product catalog.
• Lead Management: structured capture, scoring, and follow-up automation.
• Human Override & Escalation: real-time transfer of conversation control to human agents at any time.

The Service is currently in development ("Beta"). Features may change, be removed, or behave unexpectedly. We provide no uptime SLA during Beta. By using the Service during Beta, you accept these limitations.

4. Accounts & Security

• You must provide accurate, current, and complete information when creating an account and keep it updated.
• Authentication is managed by Clerk, Inc. You are responsible for all activity that occurs under your account.
• You must immediately notify us at support@azuren.ai if you suspect unauthorised access to your account.
• Sharing account credentials with third parties not authorised by you is prohibited.
• We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised, are being misused, or are in breach of these Terms.
• Each Business Account is subject to strict multi-tenant data isolation. You will not have access to any other user's data, and no other user will have access to yours.

5. WhatsApp & Meta API Compliance

Your use of Azuren's WhatsApp features is subject to Meta's platform policies and the WhatsApp Business Policy (https://www.whatsapp.com/legal/business-policy). By using these features, you also agree to Meta's Terms of Service.

• You must own or have lawful authority to operate the WhatsApp Business number you connect to Azuren.
• You may only initiate conversations with end-customers who have given you explicit, informed opt-in consent to receive automated messages from your business.
• You must NOT use Azuren to send unsolicited bulk messages, spam, or cold outbound campaigns to numbers that have not opted in.
• You must NOT use Azuren to send content that is illegal, defamatory, threatening, obscene, or in violation of any third-party rights.
• You must NOT use Azuren to harass, abuse, or harm any individual.
• You are solely responsible for ensuring your messaging templates and conversation content comply with Meta's policies, WhatsApp's Commerce Policy, and all applicable laws (including the Telecom Commercial Communications Customer Preference Regulations).
• Azuren may be required by Meta to suspend your WhatsApp connection if your account receives quality flags, high block rates, or spam reports from end-users. Azuren bears no liability for such Meta-initiated restrictions.
• You must maintain and publish a compliant privacy notice to your end-customers explaining how their WhatsApp data is used through your Azuren automations.

6. AI Use & Policy Engine

• The AI within Azuren operates strictly within the autonomy level and policies you configure. You are responsible for configuring appropriate policies for your business context.
• The AI uses large language models (LLMs) operated by third-party AI providers. Azuren does not guarantee that AI responses will always be accurate, complete, or appropriate for every situation.
• You acknowledge that AI responses are generated dynamically and may occasionally contain errors, inconsistencies, or hallucinations. You are responsible for monitoring AI outputs and setting appropriate human escalation triggers.
• You must not configure the AI to deceive end-customers into believing they are speaking with a human when they sincerely ask whether they are interacting with a bot.
• You must not configure the AI to generate, spread, or promote misinformation, illegal content, or content that violates any third-party rights.
• AI-generated payment links will only reference prices from your pre-configured product catalog. You must ensure your catalog reflects accurate, lawful prices. Azuren is not liable for pricing errors in your own catalog.
• Azuren reserves the right to override or restrict AI behaviours that violate our policies or applicable law, even if your autonomy level configuration would otherwise permit them.

7. Acceptable Use Policy

You agree NOT to use the Service to:

• Violate any local, state, national, or international law or regulation.
• Infringe any patent, trademark, trade secret, copyright, or other proprietary rights.
• Send unsolicited communications, chain letters, or spam.
• Impersonate any person or entity, or falsely represent your affiliation.
• Transmit any harmful, malicious, or disruptive code, including viruses, worms, or ransomware.
• Attempt to gain unauthorised access to any part of the Service, other user accounts, or connected systems.
• Reverse-engineer, decompile, disassemble, or extract source code from the Service.
• Use automated scripts, bots, or crawlers to access the Service in a manner that exceeds reasonable use or degrades performance for other users.
• Engage in activities that could damage, disable, overburden, or impair our servers or networks.
• Use the Service in any way that involves criminal or civil liability.
• Use the Service to operate a money-lending, gambling, adult content, or regulated pharmaceutical business without appropriate licences.
• Re-sell, sublicense, or white-label the Service without a separate written agreement with Azuren.

8. Subscriptions, Billing & Refunds

8.1 Subscription Plans

• Azuren offers a free tier with defined feature and usage limits. Paid subscription plans are available and provide higher limits and additional features.
• Plan details, pricing, and limits are displayed on the pricing page. We reserve the right to modify pricing with at least 30 days' notice to existing subscribers.

8.2 Payment Processing (Razorpay)

• All payments are processed by Razorpay Software Pvt. Ltd., a PCI-DSS compliant payment gateway regulated in India.
• By subscribing, you authorise Razorpay to charge your selected payment method on a recurring basis (monthly or annually) in advance.
• All amounts are in Indian Rupees (INR) unless explicitly stated otherwise. Applicable GST will be charged in addition to the base subscription price.
• You are responsible for ensuring your payment method remains valid. Failed payments may result in service downgrade or suspension after a 3-day grace period.

8.3 Cancellations

• You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current paid billing cycle.
• After cancellation, your account reverts to the free tier. Data is retained per our Privacy Policy retention schedule.
• Azuren reserves the right to immediately terminate accounts that violate these Terms without refund.

8.4 Refund Policy

• We offer a 7-day money-back guarantee for first-time paid subscribers. To request a refund, email support@azuren.ai within 7 days of the initial charge with the subject line 'Refund Request'.
• Refunds are NOT provided for: (a) partial billing cycles after the 7-day window; (b) accounts terminated for Terms violations; (c) usage-based overages.
• Approved refunds are processed via Razorpay and credited to the original payment source within 5–10 business days.
• Chargebacks raised without first contacting us may result in permanent account suspension.

9. Intellectual Property

• Azuren and its licensors retain all intellectual property rights in the Service, including the software, AI models, design, trademarks, logos, and documentation.
• We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business operations during the term of your subscription.
• You retain all rights to the content and data you upload to the Service (business knowledge base, product catalogs, etc.). By uploading content, you grant Azuren a limited licence to process and store it solely to provide the Service.
• You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any part of the Service without our prior written consent.
• If you provide feedback, suggestions, or ideas regarding the Service, you grant Azuren an irrevocable, perpetual, royalty-free licence to use such feedback for any purpose without obligation to you.

10. Confidentiality

Each party agrees to maintain the confidentiality of the other party's non-public information disclosed in connection with the Service. This obligation survives termination of these Terms for a period of 3 years. This clause does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; or (c) is required to be disclosed by law or court order.

11. Data Processing Agreement

To the extent that Azuren processes personal data of your end-customers on your behalf, the following terms apply:

• You are the Data Fiduciary/Data Controller. Azuren is a Data Processor acting on your documented instructions.
• Azuren will only process end-customer data to the extent necessary to provide the Service.
• Azuren will not process end-customer data for any purpose other than providing the Service without your express written consent.
• Azuren will implement appropriate technical and organisational measures to protect end-customer data (see Privacy Policy, Section 10).
• Azuren will assist you in responding to end-customer data rights requests to the extent technically feasible.
• You warrant that you have a lawful basis to process end-customer data and that you have provided appropriate privacy notice to end-customers before directing their data to Azuren.

12. Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

• Azuren does not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or harmful components.
• Azuren does not warrant the accuracy, completeness, or reliability of any AI-generated responses.
• Azuren makes no warranty regarding the availability, reliability, or accuracy of the Meta WhatsApp Business API, Razorpay, Clerk, Supabase, or any other third-party service. Outages or changes by these providers are outside our control.
• Results achieved by using the Service (e.g., lead conversion rates, response times) are not guaranteed and will vary based on your configuration, industry, and customer base.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AZUREN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, business, data, goodwill, or anticipated savings.
• Damages resulting from AI-generated errors, hallucinations, or incorrect responses.
• Damages resulting from unauthorised access to or alteration of your transmissions or data by third parties.
• Damages resulting from actions or omissions of Meta, Razorpay, Clerk, Supabase, or other third-party services.
• Damages resulting from your failure to comply with applicable laws, WhatsApp policies, or these Terms.

IN NO EVENT SHALL AZUREN'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO AZUREN IN THE 3 MONTHS PRECEDING THE CLAIM; OR (B) INR 5,000 (FIVE THOUSAND RUPEES).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, the above limitations apply to the fullest extent permitted by applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Azuren, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Service in violation of these Terms.
• Your violation of any applicable law, regulation, or third-party right (including WhatsApp/Meta policies).
• Content you upload, configure, or transmit through the Service.
• Complaints or claims by your end-customers arising from your AI automation workflows.
• Your failure to obtain appropriate consent from end-customers before processing their data.
• Any misrepresentation you make to Azuren or to third parties in connection with the Service.

15. Term, Suspension & Termination

• These Terms commence on the date you first access the Service and remain in effect until terminated.
• You may terminate your account at any time via account settings. Subscription fees paid are non-refundable except as provided in Section 8.4.
• Azuren may suspend your access immediately, without notice, if: (a) we believe you are violating these Terms or applicable law; (b) your payment fails and is not remedied within 3 days; (c) we are required to do so by law, court order, or a third-party platform (Meta, Razorpay, etc.).
• Azuren may terminate your account with 30 days' notice for any reason, or immediately for material breach.
• Upon termination for any reason: (a) your licence to use the Service ends immediately; (b) you must cease all use; (c) data will be retained and deleted per the Privacy Policy retention schedule.
• Sections 6 (AI Policy), 9 (IP), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 16 (Disputes), and 17 (General) survive termination.

16. Governing Law & Dispute Resolution

• These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
• Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. Either party may initiate negotiation by written notice to the other party.
• If the dispute is not resolved within 30 days of such notice, it shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator mutually agreed upon by both parties, or if no agreement is reached, appointed by the competent court.
• The seat and venue of arbitration shall be Gurugram, Haryana, India. The language of arbitration shall be English.
• Notwithstanding the foregoing, either party may seek urgent interim or injunctive relief from any court of competent jurisdiction.
• Subject to the arbitration clause, you submit to the exclusive jurisdiction of the courts located in Gurugram, Haryana, India for any legal proceedings.
• CLASS ACTION WAIVER: To the extent permitted by law, you waive any right to pursue disputes on a class-wide or consolidated basis. All disputes must be brought individually.

17. Third-Party Services & Links

• The Service integrates with third-party platforms including Meta (WhatsApp Business API), Razorpay, Clerk, Supabase, and AI providers. Your use of these platforms is additionally subject to their respective terms of service and privacy policies.
• Azuren is not responsible for the practices, availability, or content of any third-party service.
• Any transactions or disputes with third-party services are solely between you and that third party.
• The Service may contain links to external websites. Azuren does not endorse and is not responsible for such websites.

18. Changes to These Terms

We may modify these Terms at any time. When we make material changes, we will: (a) update the 'Effective Date'; (b) post a prominent notice on the Service; and (c) email registered users at least 15 days before the changes take effect. Continued use of the Service after the effective date of any change constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service before they take effect.

19. General Provisions

• Entire Agreement: These Terms (together with the Privacy Policy, Refund Policy, and any other policies incorporated by reference) constitute the entire agreement between you and Azuren regarding the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force.
• No Waiver: Azuren's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without prior written consent from Azuren. Azuren may assign its rights without restriction.
• Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control, including acts of God, natural disasters, war, terrorism, government actions, internet outages, or third-party platform failures (Meta, Razorpay, etc.).
• Notices: Legal notices to Azuren must be sent to legal@azuren.ai. Notices to you will be sent to the email address on your account.
• Language: These Terms are written in English. Any translation is provided for convenience only. In case of conflict, the English version prevails.

20. Contact Information

• General Support: support@azuren.ai
• Legal Notices: legal@azuren.ai
• Phone: +91-9050997755
• Website: https://www.azuren.ai
• Grievance Officer: grievance@azuren.ai (responds within 30 days as per IT Act requirements)