Terms of Service

Welcome to Vaimanasoft ("we," "our," "us," or the "Company"). These Terms of Service ("Terms," "Agreement") govern your access to and use of the Vaimanasoft mobile app analytics platform, including our website at vaimanasoft.com, dashboard, Android SDKs, REST APIs, webhooks, and all related services (collectively, the "Services"). Please read these Terms carefully before using the Services.

1. Acceptance of Terms

By accessing or using the Vaimanasoft Services, you represent and warrant that:

• You have read, understood, and agree to be bound by these Terms and our Privacy Policy;
• You are at least 18 years of age or the age of legal majority in your jurisdiction;
• You have the legal capacity and authority to enter into a binding agreement;
• If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, in which case "you" and "your" refer to that entity;
• Your use of the Services will comply with all applicable local, state, national, and international laws and regulations.

We reserve the right to update or modify these Terms at any time. Material changes will be communicated via email to the address associated with your account or through a prominent notice on our website at least thirty (30) days prior to the changes taking effect. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Account" means the user account you create to access and use the Services.
• "API" means the Application Programming Interface provided by Vaimanasoft for programmatic access to the Services.
• "API Key" means the unique authentication credentials issued to you for accessing the APIs and SDKs.
• "App" means a mobile application registered by you within the Vaimanasoft platform.
• "Confidential Information" means any non-public information disclosed by either party to the other, whether orally, in writing, or electronically, that is designated as confidential or that reasonably should be understood to be confidential.
• "Customer Data" or "Your Data" means all data, content, and information submitted to or collected through the Services by you or your end-users, including analytics events, device information, user segments, and A/B test results.
• "Dashboard" means the web-based interface provided by Vaimanasoft for managing Apps and viewing analytics.
• "DPA" means the Data Processing Agreement incorporated into these Terms.
• "End-User" means any individual who uses your App on their device.
• "Free Tier" means the no-cost subscription plan with limited features and usage caps.
• "Intellectual Property" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights.
• "Plan" means the subscription tier selected by you (Free, Starter, Pro, or Enterprise).
• "SDK" means the Vaimanasoft Software Development Kit for Android that you integrate into your App.
• "Services" means the Vaimanasoft analytics platform, including the Dashboard, SDK, APIs, webhooks, push notifications, AI features, and all related tools and documentation.
• "Sub-processor" means any third-party entity engaged by Vaimanasoft to process Customer Data on behalf of the Customer.
• "Subscription Period" means the duration for which you have subscribed to a paid Plan, either monthly or annually.

3. Description of Services

Vaimanasoft is a SaaS mobile app analytics platform designed to help Android developers understand, optimize, and grow their applications. Our Services include, but are not limited to:

3.1 Core Analytics

• Real-time analytics dashboard with event tracking and visualization
• User segmentation engine with 11+ automated segments (new users, power users, at-risk users, dormant users, and more)
• Session tracking, device analytics, and user lifecycle analysis
• Customizable event tracking and reporting

3.2 Experimentation and Feature Management

• A/B testing framework with deterministic variant assignment
• Feature flags and remote configuration
• Experiment analytics with statistical significance calculations

3.3 Push Notifications

• Push notification delivery via Firebase Cloud Messaging (FCM)
• Targeted push campaigns based on user segments
• Push notification analytics (delivery, open rates, engagement)

3.4 AI-Powered Insights

• AI-generated analytics insights powered by Claude AI (Anthropic)
• Natural language analytics queries
• Predictive analytics and trend forecasting (Pro and Enterprise plans)
• Custom AI prompt configurations (Enterprise plan)

3.5 Developer Tools

• Android SDK for data collection and integration
• REST APIs for programmatic data access and management
• Webhooks for real-time event notifications
• Data export capabilities

We reserve the right to modify, enhance, or discontinue any feature of the Services, subject to the provisions in Section 24 (Modifications to Service).

4. Account Registration and Security

4.1 Account Creation

To use certain features of the Services, you must create an Account. During registration, you agree to:

• Provide accurate, current, and complete registration information;
• Maintain and promptly update your Account information to keep it accurate and complete;
• Use a valid email address that you have access to for account verification and communications;
• Create only one Account per individual (unless additional Accounts are authorized under your Plan).

4.2 Account Credentials

You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your password, API keys, SDK keys, and any access tokens. You agree to:

• Use strong, unique passwords that are not shared with any other service;
• Not share your Account credentials with unauthorized individuals;
• Notify Vaimanasoft immediately at info@vaimanasoft.com if you suspect any unauthorized access to or use of your Account;
• Accept responsibility for all activities that occur under your Account.

4.3 API Keys and SDK Keys

API keys, SDK keys, and API secrets provided to you are confidential. You must:

• Store keys securely and never hard-code them in client-side code or publicly accessible files;
• Never commit API keys or secrets to public repositories (e.g., GitHub, GitLab);
• Rotate keys immediately if you believe they have been compromised;
• Use environment variables or secure key management solutions for key storage.

4.4 Multi-User Accounts

Depending on your Plan, you may invite additional team members to access your Account. The Account owner is responsible for:

• Managing team member access and permissions;
• Ensuring all team members comply with these Terms;
• Revoking access promptly when a team member no longer requires it;
• All actions taken by team members under the Account.

5. Subscription Plans and Billing

5.1 Plan Tiers

Vaimanasoft offers the following subscription plans. Current pricing and full feature details are available on our Pricing page:

Free Plan — $0/month

• 1 app, up to 1,000 tracked devices
• 100,000 events per month
• 30-day data retention
• 1 concurrent A/B test
• Basic AI daily insights
• 1,000 push notifications per month
• 1 team member

Starter Plan — $19/month

• 3 apps, up to 10,000 tracked devices
• 1,000,000 events per month
• 90-day data retention
• 5 concurrent A/B tests
• Full AI insights
• 10,000 push notifications per month
• 3 team members

Pro Plan — $79/month

• 10 apps, up to 100,000 tracked devices
• 10,000,000 events per month
• 1-year data retention
• 20 concurrent A/B tests
• Full AI insights with predictive analytics
• 100,000 push notifications per month
• 10 team members

Enterprise Plan — $299/month

• Unlimited apps and tracked devices
• Unlimited events per month
• 2-year data retention
• Unlimited concurrent A/B tests
• Full AI insights with predictive analytics and custom AI prompts
• Unlimited push notifications per month
• Unlimited team members
• Priority support and dedicated account management

5.2 Billing Cycles

Paid subscriptions are available on a monthly or annual billing cycle. Annual subscriptions are billed upfront for the full year and may be offered at a discounted rate compared to monthly billing. Your billing cycle begins on the date you first subscribe to a paid Plan.

5.3 Auto-Renewal

All paid subscriptions automatically renew at the end of each billing period unless you cancel at least twenty-four (24) hours before the end of the current Subscription Period. Upon renewal, you will be charged the then-current rate for your Plan. We will notify you of any price increases at least thirty (30) days before they take effect.

5.4 Upgrades and Downgrades

• Upgrades: When upgrading to a higher-tier Plan, the change takes effect immediately. You will be charged a prorated amount for the remainder of your current billing period, reflecting the difference between your current Plan and the new Plan.
• Downgrades: When downgrading to a lower-tier Plan, the change takes effect at the beginning of your next billing period. You will retain access to your current Plan's features until the end of the current Subscription Period. If your usage exceeds the limits of the lower-tier Plan, you may need to reduce your usage before the downgrade takes effect (e.g., removing Apps, reducing tracked devices).

5.5 Overages

If your usage exceeds your Plan's limits (e.g., events per month, tracked devices, push notifications), Vaimanasoft may, at its discretion:

• Notify you and recommend upgrading to a higher-tier Plan;
• Temporarily throttle or restrict Services that exceed your Plan limits;
• For Enterprise customers with negotiated overage terms, charge overage fees as specified in your Enterprise agreement.

We will not charge overage fees to Free, Starter, or Pro Plan customers without prior written agreement. However, repeated or sustained overage may result in temporary service restrictions until usage falls within Plan limits or the Plan is upgraded.

6. Free Tier Terms

The Free Tier is provided at no cost to allow you to evaluate the Services. The following additional terms apply to the Free Tier:

• The Free Tier is provided "as is" without any service level commitments or uptime guarantees;
• Vaimanasoft reserves the right to modify, limit, or discontinue the Free Tier at any time with thirty (30) days' notice;
• Free Tier accounts that remain inactive (no data received) for more than ninety (90) consecutive days may be subject to automatic suspension or termination;
• Data retention on the Free Tier is limited to 30 days; data older than 30 days is permanently deleted and cannot be recovered;
• The Free Tier does not include priority support, SLA credits, or dedicated account management;
• The Free Tier is intended for evaluation and small-scale production use; use of the Free Tier for purposes that would reasonably require a paid Plan (e.g., circumventing paid limits through multiple Free Tier accounts) is prohibited;
• Vaimanasoft may display non-intrusive branding or badges indicating "Powered by Vaimanasoft" on Free Tier features where applicable.

7. Payment Terms

7.1 Payment Processing

All payments are processed securely through Stripe (stripe.com). By subscribing to a paid Plan, you authorize Stripe to charge your designated payment method for all applicable fees. Vaimanasoft does not directly store your full credit card or payment details; such information is handled by Stripe in accordance with PCI-DSS compliance standards.

7.2 Accepted Currencies

Subscription fees are denominated in US Dollars (USD). If your payment method is denominated in a different currency, your bank or card issuer may apply currency conversion fees. Such fees are your sole responsibility.

7.3 Taxes

All prices displayed are exclusive of applicable taxes unless otherwise stated. You are responsible for paying any applicable taxes, including but not limited to:

• Goods and Services Tax (GST) for customers in India;
• Value Added Tax (VAT) for customers in the European Union or other applicable jurisdictions;
• Sales tax, withholding tax, or any other taxes imposed by your local jurisdiction.

If Vaimanasoft is required by law to collect taxes, the applicable tax will be added to your invoice.

7.4 Failed Payments

If a scheduled payment fails, Vaimanasoft will:

• Attempt to process the payment up to three (3) additional times over a period of ten (10) days;
• Notify you via email of the failed payment and request that you update your payment information;
• If all retry attempts fail, your account may be downgraded to the Free Tier or suspended after a fifteen (15) day grace period;
• During the grace period, you will retain access to your current Plan's features, but new data ingestion may be paused until payment is resolved.

7.5 Invoices

Invoices are generated automatically and sent to the email address associated with your Account. Invoices are also available for download through the Dashboard. You are responsible for ensuring your billing email is current and accessible.

8. Refund Policy

8.1 14-Day Money-Back Guarantee

We offer a fourteen (14) day money-back guarantee for new paid subscriptions. If you are not satisfied with the Services, you may request a full refund within fourteen (14) days of your initial paid subscription purchase. This guarantee applies only to your first purchase of a paid Plan and cannot be used for subsequent renewals or Plan changes.

8.2 Pro-Rata Refunds for Annual Plans

If you cancel an annual subscription after the 14-day guarantee period, you may be eligible for a pro-rata refund for the unused portion of your Subscription Period, calculated from the date of cancellation to the end of the annual billing period. Pro-rata refunds are issued at Vaimanasoft's discretion and are subject to a processing fee of 10% of the refund amount.

8.3 Exclusions

Refunds are not available in the following circumstances:

• After the 14-day guarantee period for monthly subscriptions;
• For accounts terminated due to violations of these Terms or the Acceptable Use Policy;
• For partial months of service on monthly plans;
• For any add-on services, overage charges, or one-time fees;
• For downgrades (the difference between Plan tiers is not refundable for monthly plans);
• Where prohibited by applicable law.

8.4 Refund Process

To request a refund, contact us at info@vaimanasoft.com with your Account details and reason for the request. Approved refunds will be processed to the original payment method within five to ten (5-10) business days.

9. Acceptable Use Policy

You agree to use the Services responsibly and in compliance with all applicable laws. The following guidelines govern acceptable use of the Services:

9.1 Permitted Uses

• Integrating the Vaimanasoft SDK into your Android applications for analytics purposes;
• Collecting analytics data from your End-Users in compliance with applicable privacy laws;
• Using the Dashboard, APIs, and webhooks to access, analyze, and act on your analytics data;
• Running A/B tests and feature flag experiments within your Plan limits;
• Sending push notifications to your End-Users who have opted in to receive them;
• Using AI insights to inform your product development and business decisions;
• Exporting your data for backup, analysis, or migration purposes.

9.2 Rate Limits

To ensure fair usage and platform stability, the following rate limits apply:

• API Rate Limits: Requests are limited based on your Plan tier. Exceeding rate limits will result in HTTP 429 (Too Many Requests) responses. Specific rate limits are documented in our API documentation;
• SDK Event Ingestion: Events exceeding your monthly Plan limit will be queued and may be dropped if limits are sustained;
• Push Notifications: Sending rates are throttled to comply with FCM best practices and your Plan limits;
• Webhook Deliveries: Failed webhook deliveries will be retried with exponential backoff for up to 24 hours.

10. Prohibited Activities

You agree not to engage in any of the following activities when using the Services:

10.1 Security Violations

• Attempting to gain unauthorized access to the Services, other users' accounts, or Vaimanasoft's systems or networks;
• Probing, scanning, or testing the vulnerability of the Services or any related system or network;
• Circumventing, disabling, or interfering with any security features or access controls;
• Using the Services to conduct or facilitate denial-of-service attacks or other disruptive activities.

10.2 Misuse of Services

• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any part of the Services (except as expressly permitted by applicable law);
• Modifying, adapting, translating, or creating derivative works based on the Services;
• Reselling, sublicensing, renting, leasing, or otherwise redistributing access to the Services without prior written consent;
• Using the Services to build a competing product or service;
• Scraping, data mining, or automated harvesting of data from the Services beyond your authorized API access;
• Circumventing Plan limits through the creation of multiple Free Tier accounts or other deceptive means.

10.3 Content Violations

• Using the Services to collect, store, or transmit any data that infringes intellectual property rights;
• Transmitting malicious code, viruses, trojans, worms, or any other harmful software;
• Collecting sensitive personal data (e.g., health data, financial data, biometric data) through the SDK without appropriate legal basis and technical safeguards;
• Using the Services in connection with illegal activities, including but not limited to fraud, money laundering, or distribution of illegal content.

10.4 Communication Violations

• Sending unsolicited, abusive, or spam push notifications;
• Misrepresenting the source or content of push notifications;
• Using the push notification feature in violation of applicable anti-spam or electronic communications laws;
• Sending push notifications to users who have not opted in or have opted out.

Violation of these prohibitions may result in immediate suspension or termination of your Account, without refund, and may subject you to legal liability.

11. SDK License and Usage

11.1 License Grant

Subject to your compliance with these Terms, Vaimanasoft grants you a limited, non-exclusive, non-transferable, revocable license to:

• Download and integrate the Vaimanasoft Android SDK into your mobile applications;
• Use the SDK solely for the purpose of transmitting analytics data to the Vaimanasoft platform;
• Distribute the SDK as an embedded component within your compiled Android applications to End-Users.

11.2 License Restrictions

You may not:

• Modify, adapt, or create derivative works of the SDK;
• Reverse engineer, decompile, or disassemble the SDK, except to the extent expressly permitted by applicable law;
• Distribute the SDK as a standalone library or component separate from your compiled application;
• Use the SDK in any application that violates applicable laws or these Terms;
• Remove, obscure, or alter any proprietary notices, labels, or markings on the SDK;
• Use the SDK to interfere with, disrupt, or impose an unreasonable burden on the Vaimanasoft platform.

11.3 Distribution

You may distribute the SDK only as embedded within your compiled Android application (APK or AAB format). You are responsible for ensuring that your distribution of applications containing the SDK complies with the distribution platform's terms (e.g., Google Play Developer Program Policies).

11.4 Open-Source Components

The SDK may include open-source software components, each governed by its own license. A list of open-source components and their respective licenses is included in the SDK documentation. Nothing in these Terms limits your rights under, or grants you rights that supersede, any applicable open-source license.

11.5 SDK Updates

We may release updated versions of the SDK from time to time. While we recommend always using the latest version, we will support prior major versions for a minimum of twelve (12) months after a new major version is released, unless security concerns require earlier deprecation.

12. API Terms of Use

12.1 API Access

Vaimanasoft provides REST APIs for programmatic access to the Services. API access is governed by these Terms and the API documentation.

12.2 Authentication

All API requests must be authenticated using valid API keys or access tokens issued by Vaimanasoft. Unauthenticated requests will be rejected. You are responsible for securing your API credentials as described in Section 4.3.

12.3 Rate Limits

API rate limits vary by Plan tier and are enforced to maintain platform stability and fair usage. Rate limit details are provided in the API documentation. When rate limits are exceeded:

• The API will return an HTTP 429 status code with a Retry-After header;
• You must implement appropriate backoff and retry logic in your applications;
• Persistent or intentional rate limit violations may result in temporary or permanent API access suspension.

12.4 Versioning

The Vaimanasoft API is versioned. We maintain backward compatibility within a major version. When a new major API version is released:

• The previous version will be supported for a minimum of twelve (12) months;
• Deprecation notices will be communicated via email and the API documentation;
• Deprecated API versions will return warning headers before being retired.

12.5 Deprecation Policy

When deprecating an API endpoint or feature, we will:

• Provide at least six (6) months' notice before removing a deprecated endpoint;
• Offer migration guides and documentation for replacement endpoints;
• Return deprecation warning headers in API responses during the transition period.

12.6 Webhooks

Webhooks deliver real-time notifications to your specified endpoints. You are responsible for:

• Maintaining accessible and properly configured webhook endpoints;
• Verifying webhook signatures to ensure authenticity;
• Responding to webhook deliveries with appropriate HTTP status codes within a reasonable timeframe (5 seconds);
• Handling webhook retries gracefully (idempotency).

13. Data Ownership and Processing

13.1 Your Data

You retain all rights, title, and interest in and to Your Data. Nothing in these Terms transfers ownership of Your Data to Vaimanasoft. We do not sell, rent, or share Your Data with third parties for their marketing or advertising purposes.

13.2 License to Process

By using the Services, you grant Vaimanasoft a limited, non-exclusive license to access, use, process, and display Your Data solely for the following purposes:

• Providing, maintaining, and improving the Services;
• Generating aggregated, anonymized analytics for service improvement (in a manner that does not identify you or your End-Users);
• Providing AI-powered insights and recommendations;
• Complying with applicable legal requirements.

13.3 Data Processor Role

With respect to personal data of your End-Users processed through the Services:

• You are the Data Controller (or equivalent under applicable law), determining the purposes and means of processing;
• Vaimanasoft acts as a Data Processor, processing data on your behalf and in accordance with your instructions as embodied in these Terms and the DPA;
• We process End-User data only as necessary to provide the Services and as instructed by you;
• Our obligations as a Data Processor are further detailed in the Data Processing Agreement referenced in Section 14.

13.4 Data Processing Agreement

For customers subject to GDPR, India's Digital Personal Data Protection Act, or other data protection regulations requiring a formal data processing agreement, our DPA (available upon request at info@vaimanasoft.com) is hereby incorporated into these Terms by reference. The DPA governs our processing of personal data on your behalf.

14. Data Processing Agreement Summary

The following summarizes key provisions of our Data Processing Agreement. The full DPA is available upon request and prevails in case of any conflict with this summary.

14.1 Sub-Processors

Vaimanasoft engages the following categories of sub-processors to deliver the Services:

• Cloud Infrastructure: For hosting, storage, and compute resources;
• Firebase Cloud Messaging (Google): For push notification delivery;
• Stripe: For payment processing (processes billing data only, not analytics data);
• Anthropic (Claude AI): For AI-powered analytics features (processes anonymized/aggregated data as described in Section 15).

We will notify you of any new sub-processors at least thirty (30) days before they begin processing Your Data, giving you the opportunity to object.

14.2 Security Measures

Vaimanasoft implements appropriate technical and organizational measures to protect Your Data, including:

• Encryption of data in transit (TLS 1.2 or higher) and at rest;
• Access controls and authentication mechanisms;
• Regular security assessments and vulnerability testing;
• Employee access limited to those with a legitimate need;
• Incident response and breach notification procedures;
• Regular backups and disaster recovery capabilities.

14.3 Audit Rights

Upon reasonable written request (no more than once per year), and subject to appropriate confidentiality obligations, you may audit Vaimanasoft's compliance with the DPA. Audits shall be conducted at your expense, during normal business hours, and with reasonable prior notice. Vaimanasoft may satisfy audit requests by providing relevant certifications, audit reports, or third-party assessment results.

14.4 Data Breach Notification

In the event of a personal data breach affecting Your Data, Vaimanasoft will:

• Notify you without undue delay and in any event within seventy-two (72) hours of becoming aware of the breach;
• Provide details of the nature of the breach, categories and approximate number of records affected, likely consequences, and measures taken or proposed to address the breach;
• Cooperate with you and take reasonable steps to mitigate the effects of the breach.

15. AI Features Terms

15.1 AI-Powered Services

Certain features of the Services utilize artificial intelligence, specifically Claude AI provided by Anthropic (anthropic.com), to generate analytics insights, natural language query responses, predictive analytics, and recommendations.

15.2 Data Sent to AI

When you use AI-powered features, certain data may be transmitted to Anthropic's Claude AI for processing. This data:

• Consists of aggregated, anonymized, or summarized analytics data necessary to generate insights;
• Does not include raw personal data of your End-Users (such as names, email addresses, or precise location data) unless you explicitly include such data in custom AI queries;
• Is processed by Anthropic in accordance with their usage policies and data handling practices;
• Is not used by Anthropic to train their AI models (per Anthropic's API data usage policy).

15.3 Accuracy Disclaimers

15.4 No Guarantees

• Vaimanasoft does not guarantee the accuracy, completeness, reliability, or timeliness of AI-generated insights;
• AI features may be temporarily unavailable due to upstream provider issues (Anthropic service disruptions);
• The quality and nature of AI outputs may change as underlying AI models are updated by Anthropic;
• AI features are not a substitute for professional analytics expertise, data science, or business judgment;
• Vaimanasoft shall not be liable for any decisions made or actions taken based on AI-generated outputs.

15.5 AI Usage Limits

AI feature availability and usage limits vary by Plan tier as described in Section 5.1. Enterprise customers may configure custom AI prompts subject to Anthropic's acceptable use policies.

16. Push Notification Terms

16.1 Push Notification Delivery

Push notifications are delivered through Firebase Cloud Messaging (FCM), a service provided by Google. Delivery of push notifications is subject to FCM's terms of service, availability, and technical limitations. Vaimanasoft does not guarantee delivery of every push notification, as delivery depends on factors outside our control, including device connectivity, operating system settings, and FCM service availability.

16.2 Developer Responsibility

As the developer sending push notifications through the Vaimanasoft platform, you are responsible for:

• Obtaining proper consent from End-Users before sending push notifications, in compliance with applicable laws;
• Providing End-Users with a clear and accessible mechanism to opt out of push notifications;
• Ensuring that the content of push notifications is accurate, lawful, and not misleading;
• Complying with platform guidelines (e.g., Google Play policies) regarding push notification content and frequency;
• Maintaining valid FCM server keys and configuration within the Vaimanasoft platform.

16.3 Spam Policy

You must not use the push notification feature to:

• Send unsolicited or bulk notifications to users who have not opted in;
• Send notifications with deceptive, misleading, or fraudulent content;
• Send notifications at unreasonable frequencies designed to harass or annoy End-Users;
• Promote illegal activities, hate speech, or content that violates applicable laws;
• Circumvent push notification Plan limits through technical means.

Violation of this spam policy may result in immediate suspension of your push notification privileges and potential Account termination.

17. Intellectual Property

17.1 Vaimanasoft's Intellectual Property

The Services, including but not limited to the Dashboard, SDKs, APIs, documentation, website, logos, design, code, algorithms, and all underlying technology, are the exclusive property of Vaimanasoft and are protected by applicable intellectual property laws, including copyright, trademark, patent, and trade secret laws of India and international treaties.

17.2 Your License to Use

Subject to your compliance with these Terms, Vaimanasoft grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes during your Subscription Period. This license does not include the right to sublicense, resell, or distribute the Services.

17.3 Trademarks

"Vaimanasoft," the Vaimanasoft logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Vaimanasoft. You may not use these trademarks without our prior written consent. You may reference Vaimanasoft by name for the purpose of identifying the Services in your application or documentation, provided such use does not imply endorsement or affiliation.

17.4 Feedback

If you provide Vaimanasoft with any feedback, suggestions, ideas, improvements, or other input regarding the Services ("Feedback"), you hereby grant Vaimanasoft a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, without compensation or attribution. You waive any moral rights in such Feedback to the extent permitted by applicable law.

18. Third-Party Services

The Services integrate with and depend upon certain third-party services. Your use of the Services is subject to the following third-party terms:

• Firebase Cloud Messaging (Google): Used for push notification delivery. Subject to the Firebase Terms of Service and Google Privacy Policy.
• Stripe: Used for payment processing. Subject to the Stripe Services Agreement and Stripe Privacy Policy.
• Anthropic (Claude AI): Used for AI-powered analytics features. Subject to Anthropic's Usage Policy and Anthropic's Privacy Policy.

Vaimanasoft is not responsible for the availability, performance, or practices of third-party services. Any issues arising from third-party services are governed by their respective terms and policies. We encourage you to review the terms and privacy policies of these third-party services.

19. Confidentiality

19.1 Obligations

Each party agrees to treat the other party's Confidential Information with at least the same degree of care as it treats its own confidential information, and in no event less than reasonable care. Neither party shall disclose, publish, or disseminate the other party's Confidential Information to any third party without prior written consent, except:

• To employees, contractors, or agents who have a need to know and are bound by confidentiality obligations no less protective than these Terms;
• As required by law, regulation, or court order, provided the disclosing party is given prompt notice (where legally permissible) and reasonable assistance to seek protective measures;
• To professional advisors (e.g., lawyers, accountants) who are bound by professional duties of confidentiality.

19.2 Exclusions

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the receiving party;
• Was known to the receiving party prior to disclosure without restriction;
• Is independently developed by the receiving party without use of the disclosing party's Confidential Information;
• Is rightfully obtained from a third party without restriction on disclosure.

19.3 Duration

Confidentiality obligations under this section shall survive the termination of these Terms for a period of three (3) years, except for trade secrets, which shall remain confidential for as long as they retain their trade secret status under applicable law.

20. Disclaimer of Warranties

VAIMANASOFT DOES NOT WARRANT OR REPRESENT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE;
• ANALYTICS DATA WILL BE 100% ACCURATE OR FREE FROM DISCREPANCIES;
• AI-GENERATED INSIGHTS, PREDICTIONS, OR RECOMMENDATIONS WILL BE CORRECT, ACTIONABLE, OR SUITABLE FOR ANY PARTICULAR PURPOSE;
• PUSH NOTIFICATIONS WILL BE DELIVERED TO ALL INTENDED RECIPIENTS;
• THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS;
• DEFECTS IN THE SERVICES WILL BE CORRECTED WITHIN ANY SPECIFIC TIMEFRAME;
• THE SERVICES WILL BE FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT SUCH EXCLUSIONS ARE PROHIBITED, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

21. Limitation of Liability

• LOSS OF DATA, REVENUE, PROFITS, BUSINESS, OR GOODWILL;
• BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY;
• COST OF PROCURING SUBSTITUTE GOODS OR SERVICES;
• DAMAGES ARISING FROM OR RELATED TO ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON ANALYTICS DATA OR AI-GENERATED INSIGHTS;
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
• DAMAGES ARISING FROM THIRD-PARTY SERVICE FAILURES (INCLUDING FCM, STRIPE, OR ANTHROPIC);
• ANY OTHER INTANGIBLE LOSSES;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT VAIMANASOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VAIMANASOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

22. Indemnification

You agree to indemnify, defend, and hold harmless Vaimanasoft, its directors, officers, employees, agents, partners, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Services or any activity under your Account;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any third party's rights, including intellectual property rights or privacy rights;
• Your End-Users' use of your App that incorporates the Vaimanasoft SDK;
• Any content, data, or information you submit to or transmit through the Services;
• Your push notification campaigns and their content;
• Any claim that your App or your use of the Services caused damage to a third party;
• Your failure to comply with applicable data protection laws in your collection and processing of End-User data.

Vaimanasoft reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with Vaimanasoft in asserting any available defenses.

23. Service Level

23.1 Uptime Target

Vaimanasoft targets 99.9% monthly uptime for the core Services (Dashboard, API, and event ingestion). Uptime is measured as the percentage of total minutes in a calendar month during which the core Services are available and operational, excluding scheduled maintenance windows and Force Majeure events.

23.2 Scheduled Maintenance

We perform scheduled maintenance to ensure the reliability and performance of the Services. Scheduled maintenance:

• Will be communicated at least forty-eight (48) hours in advance via email and/or Dashboard notification;
• Will be scheduled during off-peak hours when possible (typically between 00:00 and 06:00 IST);
• Is excluded from uptime calculations.

23.3 Service Credits (Pro and Enterprise Plans)

If Vaimanasoft fails to meet the 99.9% monthly uptime target, Pro and Enterprise plan customers may be eligible for service credits as follows:

• 99.0% - 99.9% uptime: 10% credit of the monthly subscription fee;
• 95.0% - 99.0% uptime: 25% credit of the monthly subscription fee;
• Below 95.0% uptime: 50% credit of the monthly subscription fee.

To request a service credit, you must submit a written request to info@vaimanasoft.com within thirty (30) days of the end of the month in which the downtime occurred. Service credits are applied to future invoices and are not redeemable for cash. The maximum service credit for any single month shall not exceed 50% of your monthly subscription fee.

23.4 Exclusions

Service level commitments do not apply to:

• Free Tier and Starter Plan accounts;
• Downtime caused by factors outside Vaimanasoft's reasonable control (see Section 27, Force Majeure);
• Downtime resulting from your actions, inactions, or equipment;
• Downtime caused by third-party service providers (FCM, Stripe, Anthropic);
• Scheduled maintenance windows;
• Features designated as "beta," "preview," or "experimental."

24. Modifications to Service

24.1 Feature Changes

Vaimanasoft reserves the right to modify, enhance, or remove features of the Services at any time. We will provide reasonable notice of material changes, including:

• New features: May be added at any time, and may be subject to additional terms;
• Feature modifications: Changes that materially alter existing functionality will be communicated at least thirty (30) days in advance;
• Feature removal: Removal of material features will be communicated at least sixty (60) days in advance, with migration guidance where applicable.

24.2 Deprecation

When deprecating features, APIs, or SDK versions, Vaimanasoft will:

• Mark the feature as deprecated in documentation and, where applicable, in API responses;
• Provide a migration path or alternative where feasible;
• Continue supporting deprecated features for a reasonable transition period (minimum six (6) months for APIs, twelve (12) months for SDK versions).

24.3 Pricing Changes

Vaimanasoft may adjust subscription pricing from time to time. For pricing changes:

• We will provide at least thirty (30) days' written notice before any price increase takes effect;
• Price increases will not apply to your current Subscription Period (you will be charged the new price starting at your next renewal);
• If you do not agree with a price increase, you may cancel your subscription before the new pricing takes effect;
• Annual subscribers are protected at their contracted rate for the duration of their current annual Subscription Period.

25. Termination

25.1 Termination by You

You may terminate your Account at any time by:

• Accessing the Account settings in the Dashboard and selecting the cancellation option; or
• Contacting us at info@vaimanasoft.com with a written termination request.

Upon termination, your access to paid features will continue until the end of your current Subscription Period (you will not be charged for subsequent periods). After the Subscription Period ends, your Account will be downgraded to the Free Tier unless you request full deletion.

25.2 Termination by Vaimanasoft

Vaimanasoft may suspend or terminate your Account, without prior notice, if:

• You breach any provision of these Terms or the Acceptable Use Policy;
• You fail to pay applicable fees after the grace period described in Section 7.4;
• Your use of the Services poses a security risk to Vaimanasoft or other users;
• Your use of the Services may subject Vaimanasoft to legal liability;
• Your Account has been inactive for more than twelve (12) consecutive months (paid plans) or ninety (90) consecutive days (Free Tier);
• We are required to do so by law or a court order.

Where feasible and not prohibited by law, we will provide you with notice and an opportunity to remedy the issue before termination.

25.3 Effect of Termination

Upon termination of your Account:

• Your right to access and use the Services immediately ceases (except for data export during the retention period);
• All licenses granted under these Terms are immediately revoked;
• You must cease all use of the SDK and APIs;
• Any outstanding payment obligations become immediately due and payable;
• Provisions that by their nature should survive termination shall remain in effect, including but not limited to: Confidentiality (Section 19), Intellectual Property (Section 17), Disclaimer of Warranties (Section 20), Limitation of Liability (Section 21), Indemnification (Section 22), and Governing Law (Section 28).

25.4 Data Retention Post-Termination

Following Account termination:

• Your Data will be retained in a read-only state for thirty (30) days to allow you to export your data;
• After the 30-day retention period, Your Data will be permanently and irreversibly deleted from our systems, including all backups, within an additional thirty (30) days;
• We may retain anonymized, aggregated data that does not identify you or your End-Users for analytics and service improvement purposes;
• We may retain certain information as required by applicable law or for legitimate business purposes (e.g., billing records for tax compliance).

26. Data Portability and Export

Vaimanasoft supports your right to data portability. You may export Your Data at any time through:

• Dashboard Export: Use the built-in export functionality in the Dashboard to download your analytics data, segments, A/B test results, and configuration;
• REST APIs: Use our data export APIs to programmatically retrieve your data in standard formats (JSON, CSV);
• Bulk Export: For Enterprise customers, we offer bulk data export capabilities with custom formats and scheduling.

Data exports include analytics events, user segments, A/B test configurations and results, feature flag configurations, and push notification history. Exports are provided in machine-readable formats to facilitate migration to another service if needed.

Following Account termination, you have a thirty (30) day window to export Your Data before it is permanently deleted.

27. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party ("Force Majeure Event"), including but not limited to:

• Acts of God, natural disasters (earthquakes, floods, storms, epidemics, pandemics);
• War, terrorism, armed conflict, civil unrest, or government sanctions;
• Government actions, laws, regulations, embargoes, or orders;
• Failures or disruptions of the internet, telecommunications networks, or power grids;
• Cyberattacks, including distributed denial-of-service (DDoS) attacks, where reasonable precautions were taken;
• Failures of third-party services upon which the Services depend (e.g., cloud infrastructure, FCM);
• Labor disputes, strikes, or shortages.

The affected party shall give prompt notice to the other party of the Force Majeure Event and use reasonable efforts to mitigate its impact. If a Force Majeure Event continues for more than sixty (60) days, either party may terminate these Terms upon written notice.

28. Governing Law and Dispute Resolution

28.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. All matters relating to the Services and these Terms shall be determined in accordance with Indian law.

28.2 Informal Resolution

Before initiating any formal dispute resolution proceedings, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services informally. The aggrieved party shall send written notice to the other party describing the dispute and proposed resolution. The parties shall engage in good-faith negotiations for a period of thirty (30) days from receipt of such notice.

28.3 Arbitration

If the dispute cannot be resolved informally within thirty (30) days, it shall be referred to and finally resolved by binding arbitration administered under the Arbitration and Conciliation Act, 1996 (India). The arbitration shall be conducted as follows:

• The arbitral tribunal shall consist of a sole arbitrator mutually agreed upon by the parties, or, failing agreement within fifteen (15) days, appointed in accordance with the Act;
• The seat of arbitration shall be Guntur, Andhra Pradesh, India;
• The language of arbitration shall be English;
• The arbitrator's decision shall be final and binding on both parties;
• Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise.

28.4 Jurisdiction

For any disputes not subject to arbitration, or for the enforcement of arbitral awards, the parties submit to the exclusive jurisdiction of the courts located in Guntur, Andhra Pradesh, India.

28.5 Class Action Waiver

To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in class action lawsuits or class-wide arbitration against Vaimanasoft.

29. Children's Privacy

The Services are not directed at or intended for use by children under the age of eighteen (18). You must be at least 18 years of age (or the age of legal majority in your jurisdiction, whichever is greater) to create an Account and use the Services.

We do not knowingly collect personal information from children under 13 years of age (or the applicable age in your jurisdiction). If you are a developer whose App is directed at or collects data from children:

• You must comply with the Children's Online Privacy Protection Act (COPPA), the Indian Information Technology Act, and any other applicable laws governing children's data;
• You must not use the Vaimanasoft SDK to collect personal information from children under 13 without verifiable parental consent;
• You must clearly disclose your data collection practices to parents and guardians;
• You are solely responsible for compliance with children's privacy laws in your use of the Services.

If we become aware that we have inadvertently collected personal information from a child under 13, we will take steps to delete such information promptly. If you believe a child has provided personal information to Vaimanasoft, please contact us at info@vaimanasoft.com.

30. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitral tribunal, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the intent of the original provision. If modification is not possible, the provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect.

31. Waiver

The failure of Vaimanasoft to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if made in writing and signed by an authorized representative of Vaimanasoft. A waiver of any provision on one occasion shall not be deemed a waiver of such provision on any subsequent occasion, nor shall it be deemed a waiver of any other provision.

32. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms, in whole or in part, without the prior written consent of Vaimanasoft. Any attempted assignment without such consent shall be null and void.

Vaimanasoft may assign, transfer, or delegate these Terms, or any rights or obligations hereunder, without restriction and without notice, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Upon any such assignment, the assignee shall assume all of Vaimanasoft's obligations under these Terms.

33. Entire Agreement

These Terms, together with the Privacy Policy, any applicable Data Processing Agreement, and any Plan-specific or Enterprise-specific terms agreed to in writing, constitute the entire agreement between you and Vaimanasoft with respect to the subject matter hereof. These Terms supersede all prior and contemporaneous agreements, proposals, negotiations, representations, and communications, whether written or oral, relating to the Services.

No terms or conditions set forth in any purchase order, acknowledgement, or other business form that you provide shall add to, modify, or supersede these Terms. In the event of any conflict between these Terms and a separately executed Enterprise agreement, the Enterprise agreement shall prevail to the extent of the conflict.

By using Vaimanasoft, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.