Terms of Service | Supersei

1. Acceptance of Terms

By accessing or using the Supersei Growth Engine platform and related services (collectively, the "Service") provided by Supersei Technologies Pvt. Ltd. ("Supersei," "we," "us," or "our"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" or "your" shall refer to such entity.

If you do not agree to these Terms, you must not access or use the Service. These Terms constitute a legally binding agreement between you and Supersei Technologies Pvt. Ltd.

Your continued use of the Service following the posting of any changes constitutes your acceptance of the revised Terms as described in Section 16.

2. Description of Service

Supersei provides an AI-powered growth engine platform designed to help businesses automate and optimize their customer acquisition, engagement, and revenue operations. The Service includes, but is not limited to:

Supersei reserves the right to modify, enhance, or discontinue any feature of the Service at any time, subject to the notice provisions set out in these Terms. The Service is provided on a software-as-a-service ("SaaS") basis and is accessible via web browser and approved integrations.

3. Account Registration and Security

3.1 Registration

To access the Service, you must create an account by providing accurate, current, and complete information as prompted during registration. You agree to maintain and promptly update your account information to keep it accurate, current, and complete.

3.2 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts under applicable law to use the Service. By registering, you represent and warrant that you meet these requirements.

3.3 Account Credentials

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to:

3.4 Account Responsibility

You are responsible for all activities that occur under your account, whether or not authorized by you. Supersei shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials. Supersei reserves the right to suspend or terminate accounts that it reasonably believes have been compromised.

3.5 Organizational Accounts

If your account is associated with an organization, the administrator designated by your organization controls access. Individual users within your organization must comply with these Terms and any additional policies established by your organization.

4. Subscription and Billing

4.1 Subscription Plans

Access to the Service is provided on a subscription basis. Supersei offers multiple subscription tiers with varying features, usage limits, and pricing, as described on our pricing page or in your order form. All subscriptions are subject to the terms set out herein.

4.2 Fees and Payment

You agree to pay all applicable subscription fees as set out in your chosen plan or as agreed in a separate order form or master service agreement ("MSA"). Fees are due in advance and are non-refundable except as expressly stated in these Terms or required by applicable law. All fees are exclusive of applicable taxes (including GST/HST as applicable), which shall be your responsibility.

4.3 Auto-Renewal

Unless you cancel your subscription before the end of the then-current billing period, your subscription will automatically renew at the end of each billing cycle (monthly or annual, as applicable) at the then-current subscription rate. By providing a payment method, you authorize Supersei or its payment processor to charge the applicable fees on each renewal date without further notice.

4.4 Pricing Changes

Supersei reserves the right to change subscription fees at any time. We will provide you with at least 30 days' prior written notice of any fee changes by email to your registered address or via an in-platform notification. Your continued use of the Service after the effective date of a price change constitutes your acceptance of the new pricing. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.

4.5 Free Trials

Supersei may, at its discretion, offer free trial periods. At the end of any free trial, your account will automatically convert to a paid subscription unless you cancel before the trial period expires. Supersei reserves the right to modify or terminate free trial offers at any time.

4.6 Late Payments and Suspension

If any fee is not received by Supersei by the due date, Supersei may, without limiting its other rights and remedies, suspend access to the Service upon reasonable notice until the outstanding amounts are paid in full. Overdue amounts may attract interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

4.7 Cancellation and Refunds

You may cancel your subscription at any time through the account settings or by contacting our support team. Cancellation will take effect at the end of the then-current billing period, and you will retain access to the Service until that date. Supersei does not provide refunds for partial periods of subscription, except where required by applicable law.

5. Acceptable Use

5.1 Permitted Use

You may use the Service solely for lawful business purposes and in accordance with these Terms and all applicable local, state, national, and international laws and regulations.

5.2 Prohibited Activities

You agree not to, and will not permit others acting under your account to:

5.3 Enforcement

Supersei reserves the right to investigate any suspected violations of these Acceptable Use provisions and may, at its sole discretion and without prior notice, suspend or terminate your access to the Service if it reasonably determines that a violation has occurred. Supersei may also cooperate with law enforcement authorities in connection with any violation of applicable laws.

6. Intellectual Property

6.1 Supersei's Intellectual Property

The Service, including all software, algorithms, AI models, interfaces, designs, documentation, trademarks, and other content and technology comprising or used to deliver the Service, is and remains the exclusive property of Supersei Technologies Pvt. Ltd. and its licensors. All rights not expressly granted to you under these Terms are reserved by Supersei.

Nothing in these Terms shall be construed to transfer to you any ownership rights in or to the Service, its underlying technology, or any derivative works thereof. The Supersei name, logo, and product names are trademarks or registered trademarks of Supersei Technologies Pvt. Ltd. and may not be used without our prior written permission.

6.2 License to Use the Service

Subject to your compliance with these Terms and timely payment of applicable subscription fees, Supersei grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes during the subscription term.

6.3 Customer's Data and Content

You retain full ownership of all data, content, and materials that you upload, submit, or otherwise make available through the Service ("Customer Data"). You grant Supersei a limited, non-exclusive, worldwide license to process, store, transmit, and display your Customer Data solely as necessary to provide and improve the Service and as described in our Privacy Policy and Data Processing Agreement.

6.4 Feedback

If you provide Supersei with any suggestions, ideas, recommendations, or other feedback regarding the Service ("Feedback"), you grant Supersei a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and commercialize such Feedback without restriction or compensation to you.

7. Customer Data

7.1 Customer Ownership

As between you and Supersei, you own all Customer Data that you input into or generate through the Service. Supersei claims no proprietary rights to your Customer Data beyond the limited license necessary to operate and provide the Service.

7.2 Data Processing

Where Supersei processes personal data on your behalf in connection with the provision of the Service, Supersei acts as a data processor and you act as the data controller, as those terms are defined under applicable data protection laws, including the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023 (India), and where applicable, the General Data Protection Regulation (EU) 2016/679 ("GDPR") and other relevant regulations.

7.3 Data Processing Agreement

Your use of the Service is subject to Supersei's Data Processing Agreement ("DPA"), which is incorporated into these Terms by reference. The DPA governs Supersei's collection, processing, storage, and transfer of personal data on your behalf. In the event of any conflict between these Terms and the DPA with respect to the processing of personal data, the DPA shall prevail.

7.4 Data Security

Supersei implements and maintains commercially reasonable technical and organizational security measures designed to protect Customer Data against unauthorized access, disclosure, alteration, or destruction. However, no method of electronic transmission or storage is completely secure, and Supersei cannot guarantee absolute data security.

7.5 Data Retention and Export

Upon termination or expiration of your subscription, Supersei will retain your Customer Data for a period of 30 days during which you may export your data using the tools provided within the Service. After this period, Supersei may permanently delete your Customer Data from its systems, subject to any applicable legal retention obligations. It is your responsibility to export your data prior to the expiration of this retention window.

8. Third-Party Integrations

8.1 Third-Party Platforms

The Service integrates with or relies upon certain third-party platforms, tools, and services, including but not limited to Meta (Facebook and Instagram), Google Ads, WhatsApp Business API, payment gateways, and telephony providers (collectively, "Third-Party Services"). Supersei is a registered Meta Tech Service Provider and complies with Meta's Platform Terms and relevant policies as part of its integration obligations.

8.2 Independent Terms

Your use of any Third-Party Services through or in connection with the Supersei platform is subject to the respective terms, conditions, and policies of those third parties, which apply independently of these Terms. You are solely responsible for reviewing, understanding, and complying with the applicable terms of each Third-Party Service, including:

8.3 No Liability for Third Parties

Supersei does not control Third-Party Services and is not responsible for their availability, functionality, or content. Supersei shall not be liable for any loss or damage arising from your use of, or reliance on, any Third-Party Service. If a Third-Party Service changes its terms, policies, or API in a manner that affects the Service, Supersei will make commercially reasonable efforts to adapt but does not guarantee continued integration functionality.

8.4 Meta Compliance

As a Meta Tech Service Provider, Supersei adheres to Meta's data use restrictions and technical requirements. You acknowledge that certain features (including ad attribution, WhatsApp Business messaging, and lead ads integration) are subject to Meta's policies governing data use and messaging practices. You agree not to use such integrations in a manner that violates Meta's Platform Terms or Advertising Policies.

9. API Usage

9.1 API Access

Supersei may provide access to its application programming interface ("API") as part of certain subscription plans. Your use of the Supersei API is subject to these Terms and any additional API documentation, guidelines, or policies published by Supersei from time to time.

9.2 Rate Limits and Fair Use

API access is subject to rate limits as specified in your subscription plan or in Supersei's API documentation. You agree to use the API in a fair and reasonable manner and not to circumvent or attempt to exceed applicable rate limits. Supersei reserves the right to throttle, suspend, or terminate API access if your usage materially exceeds fair use thresholds or negatively impacts platform performance for other customers.

9.3 Prohibited API Use

You may not use the API to:

9.4 API Changes

Supersei reserves the right to modify, deprecate, or discontinue API features or endpoints at any time. Where commercially feasible, Supersei will provide reasonable advance notice of breaking API changes. Supersei shall not be liable for any damage or loss resulting from API changes made in accordance with this provision.

10. Availability and Service Level Agreement

10.1 Reasonable Efforts

Supersei will use commercially reasonable efforts to make the Service available on a continuous basis. However, Supersei does not guarantee that the Service will be available at all times or free from interruptions, errors, or defects.

10.2 Scheduled Maintenance

Supersei may perform scheduled maintenance that temporarily limits or interrupts access to the Service. Where practicable, Supersei will provide advance notice of scheduled maintenance windows via email or in-platform notification. Supersei will endeavour to schedule maintenance during off-peak hours to minimize disruption.

10.3 Unplanned Downtime

In the event of unplanned outages or service disruptions, Supersei will use reasonable efforts to restore the Service as promptly as possible and will communicate status updates via our status page or direct notification.

10.4 Exclusions

Service availability commitments do not apply to downtime caused by:

11. Limitation of Liability

11.1 Exclusion of Consequential Damages

To the maximum extent permitted by applicable law, in no event shall Supersei Technologies Pvt. Ltd., its directors, officers, employees, agents, licensors, or service providers be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, loss of goodwill, or business interruption, arising out of or in connection with your use of or inability to use the Service, even if Supersei has been advised of the possibility of such damages.

11.2 Liability Cap

To the maximum extent permitted by applicable law, Supersei's total aggregate liability arising out of or in connection with these Terms or the Service — whether in contract, tort (including negligence), statute, or otherwise — shall not exceed the total fees paid by you to Supersei in the twelve (12) months immediately preceding the event giving rise to the claim.

11.3 Essential Basis

You acknowledge that the limitations of liability set forth in this Section reflect a reasonable allocation of risk and form an essential basis of the bargain between you and Supersei. Supersei would not have entered into these Terms without these limitations.

11.4 Consumer Rights

Nothing in these Terms shall limit or exclude Supersei's liability for death or personal injury caused by Supersei's negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

12. Indemnification

12.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Supersei Technologies Pvt. Ltd. and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

12.2 Indemnification Procedure

Supersei will promptly notify you in writing of any claim for which indemnification is sought. You will have the right to assume sole control of the defense of such claim, provided that Supersei may participate with counsel of its own choosing at its own expense. You may not settle any claim that imposes any obligation or liability on Supersei without Supersei's prior written consent.

13. Termination

13.1 Termination by You

You may terminate these Terms and your subscription at any time by cancelling your account through the platform settings or by providing written notice to legal@supersei.ai. Termination by you will take effect at the end of your then-current billing period, and you will retain access to the Service until that date. Termination does not entitle you to any refund of prepaid fees except as required by applicable law.

13.2 Termination by Supersei

Supersei may terminate or suspend your access to the Service at any time, with or without cause:

13.3 Data Export Period

Following termination or expiration of your subscription for any reason, you will have 30 days from the effective date of termination to export or download your Customer Data using the data export tools available within the platform. After this 30-day export window has elapsed, Supersei may permanently delete your Customer Data from its systems and shall have no further obligation to retain or provide access to such data. You are strongly encouraged to export your Customer Data prior to termination.

13.4 Effect of Termination

Upon termination of these Terms: (a) the license granted to you hereunder shall immediately terminate; (b) you must cease all use of the Service; and (c) all accrued payment obligations and any provisions that by their nature should survive termination (including Sections 6, 7.5, 11, 12, 13.4, 14, and 15) shall survive and remain in full force and effect.

14. Governing Law

These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law principles. The courts of competent jurisdiction located in Bengaluru, Karnataka, India shall have exclusive jurisdiction to hear any disputes that are not resolved through arbitration as set out in Section 15, and both parties irrevocably submit to the personal jurisdiction of such courts for such purposes.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute proceedings, you agree to first contact Supersei in writing at legal@supersei.ai describing the nature of the dispute and the relief sought. The parties will attempt to resolve the dispute through good-faith negotiation for a period of 30 days from the date of such notice (the "Negotiation Period"), unless extended by mutual written agreement.

15.2 Arbitration

If the dispute is not resolved during the Negotiation Period, either party may refer the dispute to binding arbitration. All disputes, controversies, or claims arising out of or in connection with these Terms, including any question regarding their existence, validity, breach, or termination, shall be finally and exclusively resolved by arbitration under the Arbitration and Conciliation Act, 1996 (as amended) of India, as follows:

15.3 Exceptions

Notwithstanding the foregoing, either party may seek urgent interlocutory or injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending the constitution of an arbitral tribunal. Nothing in this Section shall prevent Supersei from seeking recovery of undisputed amounts owed by you through appropriate legal proceedings.

15.4 No Class Actions

You agree that all disputes shall be resolved on an individual basis only. You waive any right to bring claims as a plaintiff or class member in any class, collective, or representative action or proceeding.

16. Changes to Terms

Supersei reserves the right to modify these Terms at any time. When we make material changes to these Terms, we will provide you with at least 30 days' prior written notice by:

The revised Terms will become effective on the date specified in the notice. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must cease using the Service and cancel your subscription before the effective date of the changes.

For changes that are not material (such as typographical corrections, clarifications that do not reduce your rights, or changes required by law), we may update the Terms without prior notice, and such changes will take effect upon posting.

We encourage you to review these Terms periodically to stay informed of any updates. The "Last Updated" date at the top of these Terms will reflect the date of the most recent revision.

17. Contact Information

If you have any questions, concerns, or notices regarding these Terms of Service, please contact us at:

For data privacy and data processing inquiries specifically, including requests under applicable data protection laws (access, correction, deletion, portability), please contact our Data Protection Officer at legal@supersei.ai with the subject line "Data Privacy Request."

For billing disputes or account-related support, please contact our support team through the in-platform support portal or at legal@supersei.ai.