Terms of Service
General terms for using UPMYB
1. General
1.1 These Terms of Service ("Terms") are an agreement between Trivikrama Nexus (OPC) Private Limited ("UPMYB", "we", "us") and the person or organisation using UPMYB ("Customer", "you").
1.2 By creating an account, connecting a tool, or using UPMYB in any other way, you agree to these Terms, the Product Terms, the Acceptable Use Policy, the Messaging Terms and the Privacy Policy. If you use UPMYB for a company, you confirm that you can bind that company.
1.3 If an order form or written agreement signed with us conflicts with these Terms, the signed document applies to the extent of the conflict.
1.4 Capitalised words have the meaning given in the Definitions page.
2. Your account
2.1 You must give accurate information when you sign up and keep it up to date. You are responsible for everything done through your account, including by people you invite.
2.2 Keep your login details safe. Tell us straight away at [email protected] if you think someone else has used your account.
2.3 You must be at least 18 years old, or the age of majority where you live, to use UPMYB.
3. Using the service
3.1 We give you a limited, non-exclusive, non-transferable right to use UPMYB for your own business during your subscription, in line with these Terms.
3.2 You may build automations ("Flows") with UPMYB, connect your own tools, and send messages to your own customers through your Flows.
3.3 You may not copy, resell, reverse engineer or build a competing product from UPMYB, or use it in a way that breaks the Acceptable Use Policy.
3.4 We may improve, change or retire features. If we remove a feature you rely on, we will tell you in advance where we reasonably can.
4. Your content and data
4.1 You keep all rights to the content, contact lists, messages and data you put into UPMYB or create through it ("Customer Data").
4.2 You give us a licence to host, process and transmit Customer Data only as needed to provide UPMYB, keep it secure, support you and meet legal duties.
4.3 You are responsible for having the right to use Customer Data, including having consent from the people you message.
4.4 We process personal data as described in the Privacy Policy and, where we act for you, the Data Processing Agreement.
5. Fees, payments and price changes
5.1 Paid plans are charged in advance for the period shown at checkout. Unless stated otherwise, fees are in Indian rupees, exclude taxes, and you pay all applicable taxes.
5.2 Messaging charges from Meta and other providers are passed on at cost as shown in your plan or wallet. Messages are sent only while your wallet has a balance.
5.3 Fees are non-refundable except where the law requires or where we state otherwise in writing.
5.4 We may change prices with at least 30 days’ notice. The change applies from your next renewal. If you do not agree, you can cancel before then.
5.5 If a payment fails we may retry it and, if it stays unpaid after reasonable notice, suspend your paid features.
6. Third-party tools and services
6.1 UPMYB connects to tools you choose, such as WhatsApp, payment gateways, CRMs and calendars. Those tools are run by other companies under their own terms.
6.2 We are not responsible for third-party tools, their availability or what they do with data you send them. You are responsible for following their terms.
6.3 If a third party changes or ends access to its tool, a connector may stop working. We will try to tell you and offer an alternative.
7. Intellectual property
7.1 UPMYB, its software, design, and the templates we provide belong to us or our licensors. These Terms do not transfer any ownership to you.
7.2 If you send us feedback or ideas, we may use them without owing you anything.
7.3 Flows you build are yours. Templates we supply remain ours, and you may use them within your own Flows.
8. Confidentiality
8.1 Each side must keep the other’s confidential information private and use it only for the purpose of these Terms, for five years after it is shared.
8.2 This does not apply to information that is public, already known to the receiving side, independently developed, or that must be disclosed by law. The receiving side must give notice of a legal demand where it is allowed to.
9. Warranties and disclaimers
9.1 We will provide UPMYB with reasonable care and skill.
9.2 Apart from that, UPMYB is provided "as is" and "as available". We do not promise that it will be uninterrupted or error-free, or that automations will produce any particular business result.
9.3 UPMYB uses AI to help build and describe Flows. AI can make mistakes. You are responsible for reviewing and testing a Flow before you switch it on.
10. Liability
10.1 We are not liable for indirect, incidental or consequential losses, or for loss of profit, revenue, goodwill or data, even if we were told they might happen.
10.2 Our total liability for all claims relating to UPMYB in any 12-month period is limited to the fees you paid us in the 12 months before the claim arose.
10.3 Nothing in these Terms limits liability that cannot be limited by law.
11. Indemnity
11.1 You will defend and compensate us against claims from third parties that arise from your Customer Data, your Flows, messages you send, or your breach of these Terms or the law.
11.2 We will defend you against claims that UPMYB itself infringes a third party’s intellectual property rights, and pay the resulting damages and costs awarded, provided you tell us promptly and let us run the defence.
12. Term and ending the agreement
12.1 These Terms apply from when you first use UPMYB until your account is closed. Subscriptions renew for the same period unless you cancel before the renewal date.
12.2 You can cancel at any time from your account. Your plan then runs to the end of the period you paid for.
12.3 We may suspend or end your access if you seriously or repeatedly break these Terms, put others at risk, or if the law requires it. Where reasonable we will warn you first.
12.4 After your account ends, you can export your Customer Data for 30 days. After that we delete it, except where we must keep it by law. Sections that by their nature should continue, such as payment, confidentiality, liability and indemnity, continue after the end.
13. General provisions
13.1 Notices to you may be sent to your account email or shown in the product. Notices to us go to [email protected].
13.2 We may use your company name and logo to say you are a customer only if you agree in writing.
13.3 You may not transfer these Terms without our consent. We may transfer them as part of a merger, sale or reorganisation.
13.4 Neither side is liable for delays caused by events beyond its reasonable control.
13.5 If a part of these Terms is found unenforceable, the rest stays in force.
13.6 These Terms are governed by the laws of India. The courts of India have jurisdiction, and the parties will first try to settle a dispute in good faith.
13.7 We may update these Terms. We will tell you about material changes at least 30 days before they take effect. Using UPMYB after that means you accept them.