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TERMS AND CONDITIONS

Last updated October 30, 2026

AGREEMENT TO OUR LEGAL TERMS

We are Vistaar Digital Communications Pvt. Ltd. (“Company,” “we,” “us,” “our”), a company registered in India located at Paras Business Centre, Unit 602, Carter Road No. 1, Near Kasturba Police Station, Borivali East, Mumbai 400066, Maharashtra, India.

We operate the website https://www.enablrsales.com / https://app.enablrsales.com / https://salesdashboard.enablrsales.com (the “Site”), the mobile & handheld device application Enablr (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by email at support@enablrsales.com or by mail to Paras Business Centre, Unit 602, Carter Road No. 1, Near Kasturba Police Station, Borivali East, Mumbai 400066, Maharashtra, India.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Vistaar Digital Communications Pvt. Ltd., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

TABLE OF CONTENTS

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those people who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@enablrsales.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the “COPYRIGHT INFRINGEMENTS” section below.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. 

 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 

4. USER REGISTRATION / ACCOUNT CREATION

You may be required to register or request access to use the Services. You agree to keep your account access confidential and will be responsible for all use of your account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services’ software, including but not limited to any technology or code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise
  • Solely relied upon for critical business or legal decisions with AI modules.
  • Reverse engineering, tampering, or misuse of AI modules is strictly prohibited. 

AI-enabled features may process user prompts, text, audio, video, recordings, transcripts, scores or other inputs only as needed to provide the feature enabled for the relevant account and subject to the applicable privacy notice and customer agreement. Customer organizations and users must ensure that they have provided required notices and obtained any required permissions for recordings or other inputs containing another individual’s personal data. AI-generated outputs may be inaccurate or incomplete and must be reviewed by a qualified person before being used for consequential medical, employment, legal or other high-impact decisions. AI Coach recordings or scores should not be the sole basis for an employment decision.

Unless expressly authorized in a separate written agreement, Vistaar will not use identifiable Customer-Controlled Data to train general-purpose AI models or provide training data for another customer. Where third-party AI providers are used, processing is subject to the relevant provider’s configuration and contractual, technical and security safeguards applicable to the service.

  • Infringe intellectual property rights, violate privacy, or contain harmful, offensive, or illegal material.
  • Upload content which is malicious, infringing, unlawful, prohibited, harmful or adult material.
  • Misuse of content that causes harm to individuals, organizations, or the platform

6. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in content creation, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

Notwithstanding the foregoing, this Contribution License does not transfer ownership of Customer-Controlled Data, personal data, HCP data, confidential information, or content uploaded on behalf of a customer organization, and does not authorize Vistaar to use such material for advertising, unrelated commercial purposes, cross-customer disclosure or training general-purpose AI models except where expressly authorized in a separate written agreement and permitted by applicable law. Any rights in such data and content are governed by the applicable customer agreement, privacy notice and data-processing terms.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

8. MOBILE / HANDHELD DEVICE APPLICATION LICENSE

Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms.
You shall not:
(1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the App;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App;
(5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(
6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
(8) use the App to send automated queries to any website or to send any unsolicited commercial email; or
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development
, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
 

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services:
(1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(2) we are responsible for providing any maintenance and support s
ervices with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
(3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its t
erms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; and
(4) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to
enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
 

9. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:
(1) monitor the Services for violations of these Legal Terms;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion th
ereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
 

10. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://enablrsales.com/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in India. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.

For personal data that a customer organization submits to or generates through Enablr and for which that organization determines the purposes and means of processing (“Customer-Controlled Data”), the customer organization is responsible for determining and documenting the lawful basis for processing, providing required notices, obtaining and recording any consent or authorization required by law, configuring access and retention, and responding to individual rights requests for which it is responsible. Vistaar will process Customer-Controlled Data in accordance with the applicable customer agreement, documented instructions and data-processing terms, subject to applicable law.

Vistaar may independently determine purposes and means for limited processing such as account administration, billing, service communications, platform security, fraud prevention, troubleshooting and legal compliance. For those activities, Vistaar is responsible for its own obligations as a Data Fiduciary/controller, as applicable. The parties’ roles depend on the actual processing activity and applicable law.

If an individual submits a request for access, correction, updating, restriction, withdrawal of consent or erasure concerning Customer-Controlled Data, Vistaar may refer the request to the customer organization or seek verification and documented instructions where appropriate and legally permissible. The customer organization shall respond to requests for which it is responsible and shall provide timely instructions and reasonable cooperation. Vistaar will provide reasonable technical assistance under the applicable agreement. Customer confirmation is not a blanket veto over statutory rights and does not prevent Vistaar from acting where applicable law requires Vistaar to respond directly.

12. TERM AND TERMINATION

These Legal Terms shall remain in effect for as long as you access or use the Services, unless terminated in accordance with these Legal Terms or the applicable agreement between you and Vistaar Digital Communications Private Limited (“Vistaar”).

Vistaar reserves the right, subject to applicable law and contractual obligations, to suspend, restrict, or terminate your access to or use of the Services, including blocking specific IP addresses, where reasonably necessary for security, prevention of fraud or misuse, violation of these Legal Terms, breach of any representation, warranty, or obligation, or non-compliance with applicable laws or regulations. Where reasonably practicable, Vistaar shall provide notice of such action; however, immediate suspension or restriction may be implemented where necessary to protect the Services, users, customer data, or Vistaar’s legitimate interests.

Vistaar may suspend or terminate your account in accordance with these Legal Terms and the applicable agreement. Any deletion of account-related data or content shall be handled in accordance with the applicable agreement, Vistaar’s Privacy Policy, applicable data retention requirements, and applicable data protection laws. Where data is controlled by a customer organisation, requests for access, correction, or erasure shall be handled in accordance with the applicable customer agreement, the organisation’s instructions and approvals, and applicable law.

If your account is suspended or terminated due to a violation of these Legal Terms or applicable law, you shall not attempt to circumvent the suspension or termination by registering a new account using a different, fictitious, borrowed, or third-party name, or by using another account to access the Services without authorisation.

Vistaar reserves the right to pursue appropriate remedies available under applicable law, including civil or injunctive relief, where warranted by the circumstances.

13. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

14. GOVERNING LAW AND DISPUTE RESOLUTION

These Legal Terms and any dispute or claim arising out of or in connection with these Legal Terms or the use of the Services, including any matter relating to their existence, validity, interpretation, performance, or termination, shall be governed by and construed in accordance with the laws of India. Subject to applicable law, the courts of competent jurisdiction in Mumbai, Maharashtra, India, shall have exclusive jurisdiction over any such dispute or claim. Notwithstanding the foregoing, Vistaar Digital Communications Pvt. Ltd. reserves the right to bring proceedings in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, in the state of your principal place of business, to the extent permitted by applicable law.

15. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

16. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

17. LIMITATIONS OF LIABILITY

To the maximum extent permitted by applicable law, Vistaar Digital Communications Pvt. Ltd., its affiliates, directors, employees, agents, and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, revenue, business opportunities, goodwill, data, or anticipated savings, arising out of or in connection with the use of, or inability to use, the Services, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, the total aggregate liability of Vistaar Digital Communications Pvt. Ltd. and its affiliates, directors, employees and agents arising out of or in connection with these Legal Terms, the Services or any related claim shall be subject to the limitations of liability expressly set out in the applicable Subscription Agreement duly executed between Vistaar Digital Communications Pvt. Ltd. and the relevant customer. In the event of any conflict between the liability provisions of these Legal Terms and those of an executed Subscription Agreement, the provisions of the Subscription Agreement shall prevail in relation to that customer.

Where no such Subscription Agreement exists, or where the applicable Subscription Agreement does not specify a limitation of liability, the total aggregate liability of Vistaar Digital Communications Pvt. Ltd. arising out of or in connection with these Legal Terms or the Services shall not exceed the total fees paid or payable by the customer to Vistaar Digital Communications Pvt. Ltd. for the Services during the twelve (12) months immediately preceding the event giving rise to the claim. Where no fees have been paid or are payable, the liability cap shall be subject to applicable law and any other applicable contractual terms.

Nothing in these Legal Terms shall exclude or limit any liability that cannot lawfully be excluded or limited under applicable law.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

19. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

For Customer-Controlled Data, Vistaar will follow the customer organization’s documented retention, return and deletion instructions under the applicable customer agreement, subject to applicable law. On termination or expiry, data will be returned or deleted as specified in that agreement, except for information Vistaar must or may retain for legal compliance, security, dispute resolution or legitimate recordkeeping, and data remaining in restricted backups until the normal backup lifecycle completes. Retained data remains subject to applicable confidentiality and security safeguards.

A customer organization must promptly assess and respond to individual rights requests for processing for which it is responsible and provide Vistaar with lawful, documented instructions where Vistaar acts as processor. Vistaar may seek confirmation before changing a customer-managed record where needed to verify authority or prevent unauthorized changes, but such confirmation is not an absolute prerequisite where applicable law requires Vistaar to act directly.

Two-Year Historical Data Retention Policy

For the duration of an active subscription, Vistaar shall maintain Customer Data and historical operational records on the Enablr Platform for a rolling period of up to two (2) years. Records older than two (2) years from their respective creation dates shall be eligible for periodic deletion from the active Platform environment, and the Customer acknowledges and agrees to this retention and deletion policy.

The Customer shall be responsible for periodically reviewing and exporting any historical data required for its internal business, audit, compliance, or regulatory purposes before the expiry of the applicable retention period.

Notwithstanding the above, Vistaar may retain specific records beyond the two-year period where required under applicable law, regulatory obligations, a legal hold, or a mutually agreed written arrangement between the Parties. Data retained in routine backups shall be subject to the applicable backup retention and deletion cycle.

Vistaar shall not be responsible for the availability or recovery of historical records deleted in accordance with this policy, except where such deletion results from Vistaar’s failure to comply with its obligations under this Agreement or applicable law.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

21. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms. 

For Customer-Controlled Data, if these Legal Terms conflict with a separately executed data-processing agreement or written data-protection addendum, the data-processing agreement or addendum will prevail to the extent of the conflict, unless the parties expressly agree otherwise in writing and to the extent permitted by applicable law. The Privacy Policy explains the general privacy practices for the Services; the executed customer agreement governs customer-specific processing commitments where applicable.

22. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Vistaar Digital Communication Pvt. Ltd.
Paras Business Center, Unit 602,
Carter Road 1, Near Kasturbha Police Station,
Borivali East,
Mumbai – 400066,
Maharashtra, India.

support@enablrsales.com