Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between you and Virtukart Technology Pvt Limited ("Virtukart", "Company", "we", "our", or "us"), with its registered office at 1st Floor, HQ Dwara Pride, Madhapur, Hyderabad, India.

Virtukart operates the Instagram automation platform branded as Rivako (the "Service"), available through rivako.app and my.rivako.app (together, the "Platform").

By creating an account, connecting an Instagram account, subscribing to a paid plan, or otherwise using Rivako, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not access or use the Service.

These Terms apply to all users of Rivako, including creators, businesses, agencies, and any person who accesses or uses the Platform. If you accept these Terms on behalf of a company or other legal entity, you represent that you are authorized to bind that entity. In that case, "you" means that entity.

Personal information you provide to us, or that we collect, is governed by our Privacy Policy. By using Rivako, you confirm that you have reviewed the Privacy Policy. The Privacy Policy is incorporated into these Terms and together they form the "Agreement."

Rivako provides tools to help creators, brands, and agencies automate Instagram engagement workflows, including comment replies, direct messages, follow-up sequences, lead capture, inbox management, shop listings, forms, ice breakers, and related features built on Meta's official Instagram APIs.

Rivako is a Meta Verified Platform product. Your use of Instagram-connected features must comply with Meta Platform Terms, Instagram policies, and applicable messaging rules, including the 24-hour messaging window where applicable.

We may add, modify, or discontinue features from time to time. Some capabilities (such as AI-powered replies) may be labeled as coming soon or in beta. We do not guarantee that every feature will be available in all regions or on all account types.

If you have a separate written agreement with us (such as an enterprise or agency contract), that agreement will prevail over these Terms in the event of a conflict.

To use certain features, you must create an account ("Account"). You agree to provide accurate information and keep it updated.

You are responsible for:

• Keeping your login credentials confidential
• All activity on your Account, including actions by authorized team members
• Any content, automations, and messages configured or sent through your Account
• Maintaining valid access tokens and permissions for connected Instagram accounts

If you believe your Account has been compromised, notify us immediately at support@virtukart.com. Accounts are not transferable without our written consent.

A "Business Owner" is any individual or entity using Rivako for commercial, promotional, or operational purposes. An "Agency" is a service provider managing Rivako on behalf of a Business Owner.

If you are an Agency, you confirm that:

• You are authorized to act on behalf of the Business Owner
• You assign and administer access appropriately where multiple users are involved
• You will not misrepresent ownership of the underlying Instagram account or business

The Business Owner remains responsible for compliance, billing, account ownership, and audience communications. Internal disputes between an Agency and Business Owner do not involve Virtukart unless we are explicitly a party to a separate agreement.

"User Content" means any text, media, data, messages, automation rules, templates, product listings, form fields, or other information you submit, upload, or process through Rivako.

You are solely responsible for User Content and confirm that:

• You have all necessary rights and permissions to use and share it
• It does not violate applicable laws or third-party rights
• It is not harmful, abusive, misleading, illegal, spammy, or malicious
• Your automations comply with Meta and Instagram platform policies

We do not claim ownership of User Content. You grant us a limited license to host, process, transmit, display, and use User Content only as necessary to provide, maintain, secure, and improve the Service.

We may remove, restrict, or disable content or automations that violate these Terms, applicable law, or platform policies.

By using Rivako, you agree that we may contact you via email, SMS, or in-app notifications for:

• Account verification and security alerts
• Product updates, feature changes, and maintenance notices
• Subscription, billing, and access confirmations
• Support and service-related messages

You are responsible for ensuring that messages and automations you send through Rivako comply with applicable laws and regulations, including anti-spam rules, consumer protection laws, and data protection requirements in your jurisdiction.

When you configure Rivako to message your audience, you are the sender of those communications for compliance purposes. You must obtain any required consents and honor opt-out requests.

You agree not to use Rivako to:

• Violate any law, regulation, or third-party platform policy
• Send unsolicited bulk messages, spam, or deceptive content
• Upload malware, phishing content, or harmful code
• Misrepresent identity, commit fraud, or impersonate others
• Harvest data without authorization or scrape platforms outside permitted APIs
• Reverse engineer, decompile, or attempt to extract source code except where permitted by law
• Access restricted systems or attempt unauthorized access to our infrastructure
• Circumvent usage limits, rate limits, or security controls
• Use Rivako in ways that could harm our reputation, users, or partners

We may suspend or terminate access, with or without notice, for violations or suspected abuse.

You represent and warrant that:

• You are at least 18 years old, or legally eligible to enter binding contracts
• You have the authority to enter into this Agreement
• You will use Rivako lawfully and in accordance with these Terms
• You have authority to connect any Instagram or social accounts you link to Rivako

You are responsible for determining whether Rivako meets your compliance obligations, including advertising disclosures, messaging rules, and data protection duties applicable to your business and audience.

8.1 Subscriptions and pricing

Paid plans, features, and pricing are described on our Pricing page. We may offer monthly or annual billing. Taxes may apply as shown at checkout.

8.2 Payment processing

Payments are processed through third-party payment providers (such as Stripe or Razorpay). You may be required to agree to the payment provider's own terms. We are not responsible for payment provider outages beyond our reasonable integration efforts.

8.3 Renewals and changes

Subscriptions renew according to the billing cycle you select unless cancelled before the renewal date. Upgrades may take effect immediately; downgrades may take effect at the next billing cycle as described on the Pricing page.

8.4 Refund policy

We offer a 7-day money-back guarantee on paid plans for new subscriptions, as described on our Pricing page. Refund requests must be submitted within 7 days of the initial paid subscription charge by contacting support@virtukart.com.

Outside the guarantee period, payments are generally non-refundable, including partial usage, unused time, or account termination by you. We may review exceptional cases (such as duplicate charges or payment deducted without access enabled) at our sole discretion.

You may stop using Rivako and cancel your subscription through available account settings or by contacting support.

We may suspend or terminate your access if:

• You violate these Terms or applicable law
• Your activity creates security, legal, or platform policy risk
• Payment fails and is not resolved within a reasonable period
• Required by law, court order, or Meta/Instagram enforcement action

Upon termination, your right to use Rivako ends. We may delete or retain data as described in our Privacy Policy and applicable law. Sections that by nature should survive termination (including limitations of liability and dispute resolution) will continue to apply.

Rivako integrates with third-party services, including Meta/Instagram, payment gateways, and infrastructure providers. We do not control third-party products and are not responsible for their availability, content, policies, or actions.

Your use of Instagram and other connected platforms is subject to their terms. If a platform revokes API access, changes permissions, or restricts messaging, Rivako features that depend on that platform may be limited or unavailable without liability to us.

All rights in Rivako, including software, designs, logos, trademarks, documentation, and proprietary technology, belong to Virtukart Technology Pvt Limited or its licensors.

You receive a limited, non-exclusive, non-transferable, revocable license to use Rivako as permitted by this Agreement. You may not copy, modify, distribute, sell, or lease any part of the Service except as expressly allowed.

If you believe content on Rivako infringes your copyright, contact us at support@virtukart.com with:

• Your contact information
• A description of the copyrighted work
• The location or URL of the allegedly infringing material
• A statement of good faith belief and proof of ownership or authorization

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee uninterrupted operation, error-free performance, specific business results, or that automations will always deliver at a particular time or reach every user. Platform changes by Meta or Instagram may affect functionality without notice.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIRTUKART AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ₹10,000, WHICHEVER IS LOWER.

You agree to indemnify and hold harmless Virtukart from claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of Rivako, your User Content, your automations, your audience communications, or your violation of these Terms, applicable law, or third-party rights.

We prefer to resolve disputes amicably. Before initiating formal proceedings, please contact support@virtukart.com with a brief description of the issue.

If a dispute cannot be resolved informally within 30 days, it shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996 (India). The seat and venue of arbitration shall be Hyderabad, Telangana, unless otherwise required by applicable law.

Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information.

This Agreement is governed by the laws of India. Subject to the arbitration clause above, courts at Hyderabad, Telangana shall have exclusive jurisdiction over disputes that are not subject to arbitration, to the extent permitted by law.

We are not responsible for failure or delay caused by events beyond our reasonable control, including natural disasters, pandemics, government actions, war, labor disputes, cyberattacks, internet or cloud provider failures, power outages, or Meta/Instagram API outages.

We will use reasonable efforts to restore the Service. If a Force Majeure event continues for more than 30 days, we may suspend affected Services. You remain responsible for payments due for Services already provided.

• No agency: Nothing in this Agreement creates a partnership, employment, or agency relationship.
• Assignment: You may not assign your rights without our written consent. We may assign this Agreement as part of a merger, acquisition, or restructuring.
• Severability: If any provision is held invalid, the remaining provisions remain in effect.
• Entire agreement: These Terms and the Privacy Policy constitute the entire agreement regarding Rivako, except for any separate written enterprise agreement.
• Electronic notices: You consent to receive notices electronically via email, in-app messages, or posting on the Platform.

We may update these Terms from time to time. Material changes will be posted on this page with an updated "Last updated" date and, where appropriate, notified via the app or email. Continued use of Rivako after changes take effect constitutes acceptance of the revised Terms.

For questions about these Terms:

• Company: Virtukart Technology Pvt Limited
• Product: Rivako
• Address: 1st Floor, HQ Dwara Pride, Madhapur, Hyderabad, India
• Support: support@virtukart.com
• Privacy: privacy@virtukart.com
• Website: rivako.app