Agreement to these Terms
These Terms of Service (the "Terms") are a binding agreement between Mfluence Private Limited, a company incorporated in India with its registered office at 307, The Atlantic, Near Indian Oil Petrol Pump, Makarpura, Vadodara, Gujarat, India ("Mfluence," "we," "us," or "our"), and the organisation that registers for or uses the Services (the "Customer," "you," or "your").
Mfluence is a business-to-business (B2B) platform intended for use by organisations and their authorised representatives. By creating an account, clicking to accept, or otherwise accessing or using the Services, you represent that you are at least 18 years old, that you are authorised to bind the Customer to these Terms, and that the Customer agrees to them. If you do not agree, do not use the Services.
The Services are not directed to, or intended for use by, children or consumers acting in a personal capacity. If a separate written agreement (for example, an enterprise order form or master services agreement) is signed between you and Mfluence, that agreement governs to the extent it conflicts with these Terms.
Definitions
These defined terms are used consistently across our Privacy Policy, Cookie Policy, and Security page.
- Customer
- The organisation that subscribes to or uses the Services, and its authorised users (for example, your agents, administrators, and team members).
- End User
- A person who interacts with the Customer through the Services — for example, someone who messages the Customer on WhatsApp, web chat, SMS, email, or voice.
- Personal Data
- Any information relating to an identified or identifiable individual, including an End User's phone number, email address, and conversation content.
- Agent
- An AI agent configured within the Services that responds to conversations and can take actions using connected Tools, grounded in the Customer's Knowledge Base.
- Content
- All data, documents, Knowledge Base material, CRM records, messages, and other materials the Customer or its End Users submit to or generate within the Services ("Customer Content").
- Services
- The Mfluence platform, websites, applications, APIs, and related modules described in Section 3, together with any updates.
The Services
Mfluence is an AI-powered omnichannel customer engagement platform. Depending on your plan, the Services may include:
- A unified team inbox across WhatsApp, web chat, email, SMS, and voice;
- AI Agents that answer from your Knowledge Base and take actions via connected Tools and CRM;
- A built-in Leads & Sales CRM and visual pipeline;
- WhatsApp and email campaigns, broadcasts, and templates;
- A website webchat widget, chatbot, and web visitor tracking;
- Voice and IVR;
- Consent and list-hygiene tools, including unsubscribe handling and blacklist management;
- Business operations modules such as invoicing and payments, work orders, contracts, subscriptions, a follow-up calendar, email ticketing, and e-signatures; and
- Integrations, apps, and API access.
We may add, change, or remove features from time to time. We will not materially reduce the core functionality of a paid subscription during its then-current term without notice.
Accounts & registration
To use the Services you must register an account and provide accurate, current, and complete information. You are responsible for:
- Maintaining the confidentiality of your account credentials and any access tokens or API keys;
- All activity that occurs under your account, including the acts and omissions of your authorised users;
- Configuring roles, permissions, and access controls appropriately for your team; and
- Notifying us promptly at info@mfluence.ai if you suspect any unauthorised access or security incident affecting your account.
You must keep your credential hygiene strong (for example, unique passwords and, where available, single sign-on and multi-factor authentication). We are not responsible for losses caused by your failure to safeguard credentials.
Acceptable use
You agree to use the Services lawfully and in accordance with these Terms. You must not, and must not permit any user or End User to:
- Send spam or unsolicited messaging campaigns, or otherwise message people in violation of applicable anti-spam and communications laws or the policies of any connected channel (including the WhatsApp Business Messaging Policy and Meta Platform Terms, and applicable email, SMS, and telemarketing regulations);
- Contact individuals who have not given required consent, or who have opted out, or otherwise ignore unsubscribe and blacklist controls;
- Harvest, scrape, or collect data about individuals without a lawful basis and any required consent;
- Reverse-engineer, decompile, or attempt to extract the source code, models, prompts, or underlying logic of the AI Agents or the Services, or use the Services to build a competing product;
- Upload or transmit content that is illegal, harmful, defamatory, infringing, deceptive, or that violates the rights of others;
- Introduce malware, attempt to gain unauthorised access to the Services or other customers' data, or interfere with the integrity or performance of the Services; or
- Use the Services in a way that exceeds fair-use, rate, or volume limits, or that is designed to circumvent usage-based charges.
You are responsible for the content of the messages and campaigns you send and for obtaining and documenting any consent your use requires. We may investigate suspected violations and cooperate with lawful requests from channel providers and authorities.
Customer Content & data ownership
As between you and Mfluence, you own your Customer Content — including your Knowledge Base, CRM data, and conversation data. We do not claim ownership of it.
You grant us a limited, non-exclusive licence to host, process, transmit, and display Customer Content solely to provide, secure, and support the Services, and as otherwise described in our Privacy Policy. Mfluence does not use Customer Content or End User Personal Data to train shared or public AI models.
You are responsible for the accuracy, quality, and legality of your Customer Content and for having the necessary rights and consents to submit it to the Services and to have it processed as described.
AI Agents — automated output
The Services include AI Agents that generate responses and take actions automatically. You acknowledge and agree that:
- Agent responses are generated by automated systems, may be based on the Knowledge Base and configuration you provide, and may contain errors or be incomplete;
- You are responsible for reviewing and maintaining the accuracy of your Knowledge Base, instructions, guardrails, and the Tools and permissions you enable for each Agent;
- You decide which actions an Agent may take autonomously and which require human confirmation, and you are responsible for the outcomes of the actions you allow;
- We do not warrant that Agent output will be accurate, error-free, or fit for any particular purpose, and Agent output is not professional advice; and
- Where regulated or high-stakes communications are involved, you are responsible for appropriate human oversight.
Every Agent action runs under the scoped, per-conversation permissions you configure and is recorded in an activity log available to you.
Third-party channels & dependencies
The Services connect to third-party channels and providers — including WhatsApp Business Platform (Meta), and email, SMS, voice, calendar, e-signature, and payment providers. Your use of those channels is also subject to the third party's own terms and policies.
You are responsible for complying with the policies of each channel you use for your own messaging content and campaigns — including, for WhatsApp, the WhatsApp Business Messaging Policy and Meta Platform Terms. We are not responsible for the availability, acts, or omissions of third-party providers, and a third party's suspension or change to its service may affect the Services.
Fees, billing & renewal
Paid plans are billed according to the pricing and billing cycle presented at sign-up or in your order form. Unless your order form says otherwise:
- Fees are quoted and payable in Indian Rupees (INR) or US Dollars (USD), as specified at sign-up or in your order form, and are exclusive of taxes, which you are responsible for;
- Subscriptions renew automatically for successive terms of the same length unless cancelled before the renewal date, and continue until cancelled;
- You may cancel effective at the end of your current billing term via your account settings or by contacting info@mfluence.ai;
- On cancellation, any prepaid fees for the unused portion of the then-current term are refundable on a pro-rata basis, except where prohibited by law; and
- We may change pricing on renewal with at least 30 days' prior notice.
If payment fails or is overdue, we may suspend the Services after reasonable notice. Usage-based charges (for example, message or channel volumes passed through from providers) are billed as incurred.
Free trials
We offer a 14-day free trial (our "Free Trial" plan) so you can evaluate the Services. Unless stated otherwise at sign-up, at the end of the trial your plan becomes inactive and access is limited until you choose a paid plan; no automatic charge is taken at the end of the trial. Trial data may be retained for a limited period to let you resume, and then deleted in line with our Privacy Policy. Trials are provided "as is" and may have feature or volume limits.
Intellectual property
The Services, including the platform software, AI Agent technology, models, user interfaces, documentation, and the Mfluence name and logo, are owned by Mfluence and its licensors and are protected by intellectual-property laws. Except for the rights expressly granted to you to use the Services, we reserve all rights.
You retain all rights in your Customer Content. If you send us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them to improve the Services, without obligation to you.
Confidentiality
Each party may receive confidential information of the other. The receiving party will use the disclosing party's confidential information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel and contractors who need it and are bound by confidentiality obligations. Customer Content is the Customer's confidential information. These obligations do not apply to information that is public through no fault of the receiving party, independently developed, or required to be disclosed by law (with notice where permitted).
Warranties & disclaimers
We will provide the Services with reasonable skill and care. Except as expressly stated in these Terms, the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that AI Agent output will be accurate, complete, or error-free. You are responsible for determining whether the Services are suitable for your intended use.
Limitation of liability
To the maximum extent permitted by law, neither party — nor, in the case of Mfluence, its affiliates or their respective directors, officers, employees, and agents — will be liable for any indirect, incidental, special, consequential, or exemplary damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Services, even if advised of the possibility.
To the maximum extent permitted by law, the total aggregate liability of Mfluence (together with its affiliates and their respective directors, officers, employees, and agents) arising out of or relating to these Terms will not exceed the total fees paid by the Customer in the 3 months immediately preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law (for example, for fraud or death or personal injury caused by negligence).
Indemnification
You will defend, indemnify, and hold harmless Mfluence, its affiliates, and their respective directors, officers, employees, and agents from and against third-party claims, damages, and reasonable costs arising out of: (a) your Customer Content; (b) your messaging content and campaigns and any breach of channel or anti-spam policies; (c) your use of the Services in violation of these Terms or applicable law; or (d) your failure to obtain required consents. We will notify you of any such claim and reasonably cooperate in the defence.
Term, suspension & termination
These Terms apply for as long as you use the Services. Either party may terminate a subscription as set out in the applicable plan or order form. We may suspend or terminate your access, with or without notice as appropriate, if you materially breach these Terms — including the Acceptable use section — if required to protect the Services or other customers, or if a channel provider or law requires it.
On termination, your right to use the Services ends. We will make Customer Content available for export for a limited period and then delete it in line with our Privacy Policy and applicable retention obligations. Provisions that by their nature should survive (including ownership, confidentiality, disclaimers, limitation of liability, and indemnification) survive termination.
Governing law & disputes
These Terms are governed by the laws of India, without regard to conflict-of-laws rules. Any dispute arising out of or relating to these Terms will be referred to and finally resolved by arbitration by a sole arbitrator mutually agreed between the parties, conducted under the Arbitration and Conciliation Act, 1996, with its seat and venue in Ahmedabad, Gujarat, India, and conducted in English. Subject to the arbitration agreement, the courts of Ahmedabad, Gujarat, India will have exclusive jurisdiction, and nothing prevents either party from seeking interim relief from those courts.
Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice — for example, by posting the updated Terms here with a new "Last updated" date and, where appropriate, by notifying you in-product or by email. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
Contact
Questions about these Terms? Contact us at info@mfluence.ai. Formal legal notices may be sent to our registered office: 307, The Atlantic, Near Indian Oil Petrol Pump, Makarpura, Vadodara, Gujarat, India.