1. Acceptance of Terms
Adverka is a product of Aqualion Digital ("Aqualion Digital", "we", "us"). By accessing or using the Adverka platform ("Platform"), website, applications, or related services ("Services"), you agree to be bound by these Terms of Service ("Terms"). References to "Adverka" in these Terms mean the product and, where the context requires, Aqualion Digital. If you do not agree to these Terms, you must not access or use the Services.
These Terms are governed by applicable laws of India and should be read together with our Privacy Policy and any other applicable service-specific terms.
2. Description of Service
Adverka is an AI-native marketing and sales platform designed to help growing businesses plan, create, execute, manage, and measure their marketing and sales workflows from one connected workspace.
The Platform may provide features including brand management, target database management, AI-assisted content creation, campaign management, pipeline management, analytics, reporting, integrations, and AI-powered assistance.
Features may change, improve, or be updated over time. While Adverka is in early access, features may be added, changed or withdrawn without notice, availability is not guaranteed, and access may be limited to invited workspaces.
3. User Accounts
You must provide accurate and current information when creating an Adverka account. You are responsible for maintaining the confidentiality of your account credentials and for activities performed through your account.
You must notify us promptly if you believe your account has been accessed without authorization.
Where applicable, workspace administrators may invite team members and assign roles and permissions. Users are responsible for using the access granted to them appropriately.
4. Subscription Plans & Payments
Adverka may offer free trials, free features, paid subscriptions, usage-based plans, or other pricing models.
- •Subscription fees are charged according to the plan selected.
- •Payments may be processed through authorized third-party payment providers.
- •Some features or usage limits may depend on the selected subscription.
- •Trial periods, if offered, may have additional restrictions.
- •Pricing may change from time to time with appropriate notice.
- •All fees are non-refundable, including for partial billing periods, unused credits, downgrades or early termination, except where a refund is required by applicable law.
4.1 AI Credits
Plans include AI credits. Credits are consumed per AI action, expire with the plan period they were issued in, and are non-refundable. Unused credits can only be used while your subscription is active; they cannot be used, transferred or redeemed once the subscription ends.
5. User Responsibilities
You agree to use Adverka responsibly and lawfully.
- •Use the Platform only for lawful business and marketing purposes.
- •Provide accurate information.
- •Do not upload fraudulent, unlawful, or misleading content.
- •Do not attempt to gain unauthorized access to another user's account or workspace.
- •Do not interfere with or disrupt the Platform.
- •Do not reverse-engineer, decompile, or attempt to extract source code except where permitted by applicable law.
- •Do not use the Platform to violate applicable laws or third-party rights.
5.1 Messaging Your Contacts
Adverka sends email and WhatsApp messages on your behalf. You are responsible for the people you contact and the basis on which you contact them: you must hold the consent or other lawful basis that applies, honour opt-outs and do-not-disturb preferences, and comply with the laws that govern commercial messaging where your recipients are, including the Telecom Commercial Communications Customer Preference Regulations in India.
WhatsApp messages are delivered through the WhatsApp Business Platform and are subject to Meta's WhatsApp Business Messaging Policy and Commerce Policy. Meta may reject templates or restrict delivery, and Adverka may suspend messaging from a workspace that generates spam complaints, blocks or policy violations.
5.2 AI-Generated Content
Content that Adverka drafts, scores or generates for you is produced by AI models and may be inaccurate, incomplete or unsuitable. You are responsible for reviewing it before you publish or send it, and for what you send. Adverka does not guarantee the accuracy, originality or fitness of AI output for any purpose.
6. Workspace Data & Content
You retain ownership of the content and data that you upload, create, or provide through Adverka ("User Content"), subject to any rights belonging to third parties.
You grant Adverka a limited, non-exclusive license to host, store, process, reproduce, and display User Content only as necessary to provide, maintain, secure, and improve the Services.
We do not claim ownership of your business content, brand assets, campaign information, lead information, or other User Content.
Ownership Guarantee
Your data remains yours. We will only use your workspace information to execute requested campaign automations, provide reports, and maintain service security.
7. Analytics & Tracking
We may use analytics and application monitoring technologies to understand how the Platform is used, improve user experience, measure performance, and identify technical issues.
Analytics and performance reporting may monitor:
- •Page and screen views
- •Feature usage
- •Navigation patterns
- •Product engagement
- •Performance information
- •Application errors
Analytics and tracking practices are described in greater detail in our Privacy Policy.
8. Intellectual Property
Adverka and its licensors retain all rights, title, and interest in the Platform, including its software, design, interface, features, trademarks, logos, documentation, and other proprietary materials.
You may not copy, modify, distribute, sell, sublicense, reverse-engineer, or create derivative works from the Platform except as expressly permitted by these Terms or applicable law.
Your User Content remains subject to Section 6 of these Terms.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Adverka provides the Services on an "as is" and "as available" basis.
We do not guarantee that the Services will always be uninterrupted, error-free, secure, or available at all times.
- •Adverka will not be liable for indirect, incidental, special, consequential, or exemplary damages to the extent permitted by law.
- •Adverka will not be responsible for losses caused by circumstances beyond its reasonable control.
- •Any liability limitation must be interpreted subject to applicable law.
10. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Adverka and its affiliates, officers, employees, and service providers from claims, liabilities, damages, losses, and expenses arising from your unlawful use of the Services, violation of these Terms, or infringement of third-party rights.
11. Termination
You may stop using Adverka at any time, subject to any applicable subscription obligations.
Adverka may suspend or terminate access where reasonably necessary, including for violation of these Terms, unlawful activity, security risks, or misuse of the Services.
Upon termination, your right to use the Services will cease.
Data handling following termination will be governed by our Privacy Policy and applicable retention requirements.
12. Governing Law & Dispute Resolution
These Terms are governed by the applicable laws of India.
The courts at Pune, Maharashtra, India will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, subject to any dispute-resolution process agreed between the parties in writing.
13. Changes to Terms
We may update these Terms from time to time to reflect changes to our Services, legal requirements, or business practices.
We will provide appropriate notice of material changes through the Platform, website, email, or another reasonable communication method.
The updated Terms will include a revised 'Last updated' date.
Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the changes to the extent permitted by applicable law.
14. Contact
For questions or concerns about these Terms of Service, please contact Adverka using the information below.