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Terms and Conditions

Effective Date: 9 May 2025

These Terms and Conditions ("Terms") constitute a legally binding agreement between you (hereinafter referred to as the "Client", "User", or "You") and VivaConnect Private Limited (hereinafter referred to as "Helo", "we", "our", or "us") and govern your access to and use of the Helo.ai communications platform (the "Platform").

By accessing or using the Platform, You represent and warrant that You have read, understood, and agree to be legally bound by these Terms. If You do not agree to these Terms, You must not access or use the Platform.

1. Eligibility and Account Registration

To access certain features of the Platform, You may be required to register and create a user account. By doing so, You affirm that You:

  • Are an authorized representative of a business or legal entity;
  • Have provided accurate, current, and complete information during the registration process;
  • Shall maintain the confidentiality of account credentials and access tokens;
  • Accept responsibility for all activities that occur under Your account;
  • Will promptly notify Helo of any unauthorized access or suspected breach of security.

2. Scope of Services

Helo.ai operates as a CPaaS (Communications Platform as a Service), offering multi-channel messaging and automation capabilities, which may include:

  • API access for programmable messaging;
  • Campaign broadcasting and bulk messaging;
  • Chatbot and workflow automation;
  • Real-time and historical analytics;
  • Integration with third-party tools, including CRMs and payment platforms.

Helo reserves the right to modify, enhance, suspend, or discontinue any part of the Services at its sole discretion, with or without notice.

3. Acceptable Use of the Platform

You agree to use the Platform strictly in accordance with applicable law and the terms stated herein. Specifically, You agree:

  • To obtain valid and demonstrable consent from End Users as required under law;
  • Not to send spam, phishing content, harmful code, abusive material, or impersonate other entities;
  • Not to interfere with, disrupt, or overload the Platform infrastructure;
  • To comply with all applicable laws, including data privacy regulations and communication standards (e.g., WhatsApp Business Policy, DLT regulations, GDPR).

You are solely responsible for the legality, integrity, and accuracy of the content transmitted using the Platform.

4. Fees and Payments

  • All fees are specified in Your executed Service Order, Proposal, or Master Service Agreement.
  • Payment terms, including due dates, late fees, and applicable taxes, are governed by contract.
  • Helo reserves the right to suspend Services in the event of late or incomplete payments.
  • Unless otherwise stated, all charges are exclusive of applicable taxes, duties, or levies.
  • Refunds, if applicable, shall be processed in accordance with the governing agreement.

5. Data Handling and Confidentiality

  • You, as the Client, shall remain the Data Controller, and Helo shall operate solely as the Data Processor.
  • Helo shall process Personal Data only in accordance with Your documented instructions and in compliance with applicable data protection laws.
  • Both Parties agree to maintain the confidentiality of proprietary data, customer information, trade secrets, and system-related information.
  • Data processing, retention, and protection terms shall be further governed by the Data Processing Agreement (DPA) executed between the Parties.

6. Service Levels and Technical Support

Helo endeavors to maintain 99.99% platform uptime, excluding pre-announced maintenance windows. Support is provided as follows:

  • 24/7 availability via email and voice helpline;
  • Business hours assistance via live chat and ticketing.

Service disruptions or incidents will be resolved in accordance with our Service Level Agreement (SLA), as separately provided or agreed upon.

7. Intellectual Property Rights

  • All intellectual property rights, including but not limited to copyrights, trademarks, source code, platform design, and documentation, are and shall remain the sole and exclusive property of VivaConnect Private Limited.
  • You retain ownership of the content and data You submit via the Platform.
  • You shall not, directly or indirectly, copy, reproduce, modify, decompile, reverse engineer, or commercially exploit any component of the Platform, except as expressly permitted in writing.

8. Compliance and Law Enforcement

You are responsible for ensuring that Your use of the Platform complies with all applicable laws, including but not limited to:

  • Telecom Regulatory Authority of India (TRAI) and DLT regulations;
  • WhatsApp Business Terms and Meta Platform Policies;
  • Guidelines and requirements of Google RCS and other messaging frameworks.

We reserve the right to disclose Client or User data to law enforcement or government authorities where legally required. For details, refer to our Law Enforcement Request Guidelines.

9. Limitation of Liability

To the fullest extent permitted under applicable law:

  • Helo shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including loss of business, revenue, or data;
  • Helo's total aggregate liability for any claim shall be limited to the fees paid by You to Helo for the Services during the ninety (90) days preceding the event giving rise to the claim;
  • Helo is not liable for any content transmitted by You or for acts or omissions of third-party service providers or integrations.

10. Termination

  • You may terminate the Services in accordance with the termination clause of the applicable contract.
  • Helo reserves the right to suspend or terminate Your access to the Platform, with prior written notice, if You are found in breach of these Terms or applicable laws.
  • Termination shall not affect any accrued rights, obligations, or liabilities of either Party existing as of the effective date of termination.

11. Amendments to These Terms

We reserve the right to amend these Terms at any time. Notice of material changes shall be provided via email or posted on the Platform. Your continued use of the Platform following such updates shall constitute Your deemed acceptance of the revised Terms.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of India. The courts located in Mumbai, Maharashtra shall have exclusive jurisdiction over all such disputes.

13. Contact Information

For legal notices or inquiries related to these Terms, You may contact us at:
Email: info@helo.ai
Postal Address:
Vivaplex, C7, Street 22,
MIDC, Opp. Rolta Technology Park,
Andheri (East), Mumbai – 400093, India.

14. Definitions

For clarity and consistency, the following capitalized terms used in these Terms shall have the meanings assigned below:

  • "Platform" means the Helo.ai communication platform operated by VivaConnect Private Limited, including all APIs, dashboards, tools, and services provided thereunder.
  • "Client" or "User" means the business entity or authorized representative who registers to use or accesses the Platform.
  • "Service Order" means the executed document or agreement defining the scope of services, pricing, and specific terms between You and Helo.
  • "Data Controller" means the entity that determines the purposes and means of processing personal data. In these Terms, You are the Data Controller.
  • "Data Processor" refers to Helo, which processes personal data solely on behalf of and at the direction of the Data Controller.
  • "End User" refers to the individual recipient of communications sent by You through the Platform.
  • "Personal Data" means any information relating to an identified or identifiable natural person as defined under applicable data protection laws.
  • "SLA" refers to the Service Level Agreement that governs the uptime and support commitments provided by Helo.
  • "DPA" means the Data Processing Agreement between Helo and the Client, outlining obligations regarding data protection and compliance.
  • "Third-Party Providers" means any external platform, service, or integration (e.g., AWS, WhatsApp, Google RCS) utilized in conjunction with the Platform.