Terms and Conditions – Virtusoul

1. Agreement to Terms

By accessing or using Virtusoul.io ("Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

2. Service Description

Virtusoul.io provides a control panel and managed infrastructure for self-hosted AI bot instances on third-party VPS providers, including:

• Provisioning and managing dedicated Virtual Private Server (VPS) instances on providers such as Hetzner Cloud and OVHcloud.
• Deploying and configuring AI bots (currently Moltis, with additional bots like Openclaw and Nanobot planned as "coming soon").
• Automated installation, updates, and basic monitoring of the deployed bot software.
• Web dashboard for managing instances, locations, and basic configuration.
• Integration with third-party payment provider(s) such as Dodo Payments for subscription billing.

The Service is provided on a subscription basis with pricing plans described on our website.

3. Eligibility

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that:

• You are at least 18 years of age.
• You have the legal capacity to enter into binding contracts.
• You will provide accurate and complete registration information.
• You will maintain the security of your account credentials.

4. Account Registration and Security

4.1 Account Creation

• You must create an account to use key parts of the Service.
• You must provide accurate, current, and complete information.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activities that occur under your account.

4.2 Account Security

• Notify us immediately at support@virtusoul.io of any unauthorized use or suspected breach.
• We are not liable for any loss or damage arising from your failure to maintain account security.
• You may not share your account with others or allow multiple users to share a single account unless your plan explicitly permits it.

4.3 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms.
• You provide false or misleading information.
• You engage in fraudulent or abusive activity.
• Your payment fails or your subscription expires.

5. Subscription Plans and Billing

5.1 Subscription Plans

Virtusoul is offered on a subscription basis (e.g., Starter, Pro, Enterprise), with details and pricing shown on https://virtusoul.io/pricing.

5.2 Billing Cycle

• Subscriptions are billed monthly or annually in advance.
• Billing begins when your subscription is activated.
• All prices are in USD unless otherwise stated.
• Prices may change with at least 30 days' notice.

5.3 Payment Methods

• Payments are processed via third-party processors such as Dodo Payments and their underlying providers.
• You authorize us and/or our payment partners to charge your chosen payment method for all applicable fees.
• Failed payments may result in suspension or cancellation of your Service.

5.4 Automatic Renewal

• Subscriptions automatically renew at the end of each billing period at the then-current price.
• You may cancel auto-renewal at any time before the next billing date via your account settings.

5.5 Taxes

• Prices may exclude applicable taxes (e.g., GST, VAT).
• You are responsible for any applicable taxes.
• Applicable taxes will be added to your invoice as required by law.

6. Refund and Cancellation Policy

6.1 Cancellation

• You may cancel your subscription at any time from your dashboard.
• Cancellation takes effect at the end of the current billing period.
• You retain access to the Service until the end of the paid period.
• No partial refunds are provided for unused time within a billing period, except as described below.

6.2 Refund Policy

• 7-Day Money-Back Guarantee: For first-time subscriptions, you may request a full refund within 7 days of your initial purchase.
• Service Issues: If the Service is unavailable for more than 24 consecutive hours (excluding scheduled maintenance and issues caused by your VPS provider or network), you may request a prorated refund.
• Disputed Charges: Contact support@virtusoul.io within 30 days of the charge with relevant details.

6.3 How to Request a Refund

• Email support@virtusoul.io with your account email, order ID, and reason.
• We aim to process refunds within 5–7 business days.
• Refunds are issued to the original payment method where possible.

6.4 No-Refund Situations

Refunds will not be provided if:

• Your account was terminated for violating these Terms.
• You request a refund more than 7 days after the initial purchase (unless due to confirmed Service failure as defined above).
• The charges relate to add-ons, custom work, or third-party API/model costs beyond our control.

7. Acceptable Use Policy

7.1 Permitted Uses

You may use Virtusoul only for lawful purposes and in accordance with these Terms.

7.2 Prohibited Activities

You may not:

• Use the Service for illegal activities or to violate any applicable law.
• Transmit viruses, malware, or other malicious code.
• Attempt to gain unauthorized access to our systems or other users' resources.
• Use the Service to send spam, phishing messages, or unsolicited communications.
• Generate or host illegal content (e.g., child exploitation, terrorist content).
• Infringe on intellectual property rights.
• Resell or sublicense the Service without our written permission.
• Reverse engineer or attempt to extract source code.
• Use the Service for unauthorized cryptocurrency mining.
• Overload or disrupt infrastructure via excessive or abusive API calls.
• Impersonate any person or entity or misrepresent your affiliation.

7.3 AI-Specific Restrictions

You may not use AI bots deployed via Virtusoul to:

• Generate unlawful, discriminatory, or otherwise harmful content.
• Violate the acceptable use policies of underlying AI/model providers.
• Automate decisions that violate regulatory or ethical standards.

You are responsible for complying with each AI provider's terms and for how you or your end users use the outputs.

7.4 Enforcement

We may, at our discretion:

• Warn you and request corrective action.
• Temporarily suspend your account or specific instances.
• Permanently terminate your account without refund in serious or repeated cases.
• Cooperate with law enforcement where required.

8. Service Availability and Uptime

8.1 Uptime Commitment

We aim for high availability of the Virtusoul control panel and our orchestration logic. However, the actual uptime of individual VPS instances also depends on third-party providers (e.g., Hetzner, OVHcloud).

8.2 No Guarantee

The Service is provided "AS IS" and "AS AVAILABLE". We do not guarantee uninterrupted or error-free operation.

8.3 Service Limitations

• Provisioning depends on third-party providers and their APIs.
• Response times, performance, and uptime of your VPS and bots depend on your chosen providers, regions, and plans.

9. Data Privacy and Security (GDPR-Aligned)

This section summarizes how Virtusoul handles personal data in a GDPR-aligned way. A more detailed Privacy Policy on /legal/privacy complements these Terms.

• Tekky AI Academy LLP is the data controller for account, billing, and service usage data.
• For data you process through your own bots (prompts, responses, files on your VPS), you are typically the controller and Virtusoul acts more as an infrastructure/operations provider.
• You have GDPR-style rights such as access, rectification, deletion, objection, and data portability, which you can exercise by emailing dpo@virtusoul.io.
• We do not use your bot prompts or responses to train our own models.
• We implement reasonable technical and organizational measures to protect data (encryption in transit, restricted access, logging, monitoring, etc.).

(For full details, including legal bases, data subject rights, retention, sub-processors, and international transfers, see the dedicated Privacy Policy.)

10. Cookie Policy (Summary)

Virtusoul uses cookies and similar technologies on virtusoul.io. In summary:

• Strictly necessary cookies are used for login sessions, CSRF protection, and remembering basic preferences. These are required for the site to function.
• Optional analytics cookies may be used (e.g., privacy-respecting analytics) to understand usage and improve the site. These are only set with your consent where required by law.
• You can manage cookie preferences through your browser and any cookie banner/settings we provide.

(Full cookie details, categories, and consent mechanisms are in the separate Cookie Policy within the Privacy/Legal section.)

11. Intellectual Property Rights

• All rights, title, and interest in and to the Virtusoul Service, including software, UI, branding, documentation, and logos, remain with Tekky AI Academy LLP and/or its licensors.
• You retain ownership of content you host or process on your own VPS.
• You receive a limited, non-exclusive, non-transferable license to use Virtusoul in accordance with these Terms.

12. Limitation of Liability

To the maximum extent permitted by law:

• Virtusoul and Tekky AI Academy LLP are not liable for indirect, incidental, special, consequential, or punitive damages.
• Our total liability for any claim related to the Service is limited to the amount you paid us in the twelve (12) months preceding the event giving rise to the claim.

We do not exclude liability where this is not allowed by law (e.g., for fraud or personal injury caused by negligence).

13. Indemnification

You agree to indemnify and hold harmless Tekky AI Academy LLP, its officers, directors, employees, and agents from claims arising out of:

• Your use or misuse of the Service.
• Your violation of these Terms or applicable law.
• Content or data you host or process via Virtusoul or your VPS.

14. Third-Party Services

Virtusoul integrates with third-party providers such as:

• VPS providers (e.g., Hetzner Cloud, OVHcloud) for infrastructure.
• Payment providers (e.g., Dodo Payments and its partners) for billing.
• AI model providers used by your bots (if applicable).

Those services are governed by their own terms. We are not responsible for their availability or behavior.

15. Modifications to Service and Terms

• We may modify, suspend, or discontinue parts of the Service.
• We may update these Terms from time to time.
• We will update the "Last Updated" date and may notify you by email or via the Service for material changes.
• Continued use after changes constitutes your acceptance.

16. Termination

16.1 By You

You may terminate your account at any time via the dashboard. Termination typically takes effect at the end of the billing period, unless otherwise stated.

16.2 By Us

We may suspend or terminate your account if:

• You breach these Terms.
• You engage in fraudulent, abusive, or illegal activity.
• Required by law or by order of competent authorities.

16.3 Effect of Termination

• Your access to the Service is disabled.
• We may retain certain data as required by law (e.g., billing records).
• You are responsible for exporting or backing up necessary data from your VPS and the panel before termination, or within any grace/export period we specify.

17. Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict-of-law principles.

17.2 Jurisdiction

Courts in Coimbatore, Tamil Nadu, India shall have exclusive jurisdiction over disputes arising from these Terms or the Service.

17.3 Informal Resolution

Before starting formal proceedings, please contact support@virtusoul.io to attempt to resolve issues informally. We aim to respond within 30 days.

18. General Provisions

• These Terms constitute the entire agreement between you and Tekky AI Academy LLP for Virtusoul.
• If any provision is found invalid, the remaining provisions remain in full force.
• Our failure to enforce any right does not waive that right.
• You may not assign these Terms without our prior written consent; we may assign them as part of a corporate transaction.

19. Contact Information