Terms of Service

By accessing or using the Visylix platform ("Service") provided by Aptibit Technologies ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you must not access or use the Service. We reserve the right to modify these Terms at any time. Your continued use of the Service after any modifications constitutes acceptance of the updated Terms. Material changes will be communicated via email or through the platform dashboard.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Visylix platform for your internal business purposes during the subscription term. This license includes the right to: - Access the Visylix web dashboard and mobile applications. - Connect and manage IP cameras and video sources through the platform. - Process video feeds using our AI analytics models as included in your subscription plan. - Access recorded video, analytics data, and reports generated by the platform. - Use our API to integrate Visylix with your existing systems and workflows. This license does not include the right to sublicense, resell, or distribute the Service to third parties without our prior written consent.

You agree not to, and will not permit any third party to: - Copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service or its underlying technology. - Use the Service to develop a competing product or service. - Remove, alter, or obscure any proprietary notices, labels, or marks on the Service. - Use the Service in violation of any applicable laws, regulations, or third party rights, including but not limited to privacy and data protection laws. - Attempt to gain unauthorized access to the Service, other accounts, or our systems and networks. - Use the Service to store or transmit malicious code, viruses, or harmful content. - Exceed the usage limits of your subscription plan, including camera counts, stream limits, and storage quotas. - Use the Service for any unlawful surveillance or monitoring activity that violates applicable laws or the rights of individuals. - Share login credentials with unauthorized personnel or allow access beyond your licensed user count.

Access to the Visylix platform requires a paid subscription. Fees are based on your selected plan and may include charges for the number of cameras, AI models, storage capacity, and support level. - Subscription fees are billed in advance on a monthly or annual basis as specified in your order. - **Refund window:** A full refund of your most recent payment is available if you cancel your subscription within three (3) calendar days of that payment. Refunds are processed via the original payment method through Razorpay and typically arrive within 5 to 10 business days. After the 3-day window, fees are non-refundable except as required by law or as expressly granted by Aptibit Technologies at its sole discretion. - We reserve the right to modify pricing with at least 30 days notice. Price changes will take effect at the start of your next billing cycle. - Late payments may result in service suspension after a 15-day grace period and written notice. - You are responsible for all applicable taxes, levies, and duties associated with your subscription. - Usage-based charges, if applicable, are billed in arrears based on actual consumption during the billing period.

We provide technical support and platform maintenance in accordance with your subscription plan: - All plans include access to our online documentation, knowledge base, and community forums. - Standard support includes email-based assistance during business hours (Monday through Friday, 9:00 AM to 6:00 PM IST). - Premium and Enterprise plans may include priority support, dedicated account managers, and enhanced SLA commitments. - We perform scheduled maintenance with reasonable advance notice and aim to minimize service interruptions. - Emergency maintenance may be performed without advance notice to address critical security or stability issues. - Platform updates and new features are provided as part of your active subscription at no additional charge.

You retain all rights, title, and interest in your video data, configurations, and any content you upload or process through the Visylix platform ("Customer Data"). We do not claim ownership of your Customer Data. - You grant us a limited license to process your Customer Data solely for the purpose of providing the Service. - You are responsible for ensuring that your use of the Service, including the collection and processing of video data, complies with all applicable laws and regulations. - You are responsible for obtaining any necessary consents from individuals whose images or data are captured by cameras connected to the platform. - We will process your data in accordance with our Privacy Policy and any applicable Data Processing Agreement.

We warrant that the Service will perform substantially in accordance with our published documentation during your subscription term. If the Service fails to meet this warranty, your exclusive remedy is for us to use commercially reasonable efforts to correct the deficiency. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We do not warrant that AI model predictions will be 100% accurate in all conditions. The Service should not be used as the sole basis for critical safety or security decisions without human oversight and verification.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: - IN NO EVENT SHALL APTIBIT TECHNOLOGIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE. - OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. - THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Either party may terminate the subscription: - You may cancel your subscription at any time through the platform dashboard or by contacting our support team. Cancellation takes effect at the end of the current billing period. - We may suspend or terminate your access immediately if you breach these Terms, fail to pay applicable fees after the grace period, or if required by law. - Upon termination, your license to use the Service ends immediately. You will have 30 days to export your data before it is permanently deleted from our systems. - Sections relating to intellectual property, limitation of liability, indemnification, and governing law survive termination of these Terms. - We may terminate or modify the Service at any time with 90 days advance notice. In such cases, we will provide prorated refunds for any prepaid fees covering the period after termination.

You agree to indemnify, defend, and hold harmless Aptibit Technologies and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: - Your access to or use of the Service. - Your violation of these Terms. - Your violation of any applicable law or regulation. - Your violation of any third party rights, including privacy, intellectual property, or other proprietary rights. - Any data or content you process through the Service.

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties. If negotiation fails, disputes shall be submitted to binding arbitration in Kolkata, India, conducted in English under the Arbitration and Conciliation Act, 1996. Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

- Entire Agreement: These Terms, together with our Privacy Policy and any applicable Order Forms, constitute the entire agreement between you and Aptibit Technologies regarding the Service. - Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. - Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. - Assignment: You may not assign these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets. - Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, war, government actions, or infrastructure failures.

If you have questions about these Terms of Service, please contact us: Aptibit Technologies Private Limited (operator of Visylix) CIN: U46510WB2024PTC275420 Email: info@aptibit.com Registered office: Fortune Township, Fl No-N-006, 49/2 Jessore Road (E), Barasat, North 24 Parganas, West Bengal 700124, India For legal notices, please include "Legal Notice" in your email subject line. For data-protection grievances, our Grievance Officer under India's DPDP Act 2023 is Mr. Falguni Chatterjee (Chief Executive Officer), reachable at the email above; see our Privacy Policy.