Terms of Service

1. Acceptance of Terms

By accessing or using the CxOrbi platform ("Service") provided by Thinkmight Technologies Pvt. Ltd., operating under the brand name CxOrbi ("CxOrbi," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Service Description

CxOrbi is a customer experience intelligence platform that provides in-product surveys, social listening, session replay, AI-powered sentiment analysis, feedback aggregation, and related analytics tools. The Service includes a web-based dashboard, an embeddable SDK for customer websites and applications, API access, and integrations with third-party platforms.

3. Account Registration and Security

To use the Service, you must create an account with accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your login credentials.
• All activities that occur under your account.
• Notifying us immediately of any unauthorized use of your account.

4. Subscription Plans and Billing

CxOrbi offers Free, Pro, and Enterprise subscription tiers. Paid subscriptions are billed monthly or annually as selected at the time of purchase.

• Free tier: Limited features and usage quotas as described on our pricing page.
• Paid tiers: Charges begin at the start of the billing cycle. You authorize us to charge your payment method on a recurring basis.
• Upgrades and downgrades: Plan changes take effect at the next billing cycle. No partial refunds for downgrades.
• Cancellation: You may cancel at any time. Access continues until the end of the current billing period.
• Taxes: Prices are exclusive of applicable taxes unless stated otherwise.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Collect personal data from end-users without proper consent or legal basis.
• Transmit malware, viruses, or any code designed to disrupt the Service.
• Attempt to gain unauthorized access to the Service, other accounts, or related systems.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use the Service to send unsolicited communications or spam.
• Resell, sublicense, or provide the Service to third parties without written permission.

6. Customer Data and Ownership

You retain all rights, title, and interest in the data you submit to the Service ("Customer Data"). By using the Service, you grant CxOrbi a limited, non-exclusive license to process, store, and analyze Customer Data solely to provide and improve the Service.

We will not access, use, or share Customer Data except as necessary to provide the Service, comply with the law, or as otherwise described in our Privacy Policy.

7. Intellectual Property

CxOrbi and its licensors retain all intellectual property rights in the Service, including the platform, SDK, documentation, APIs, branding, and all related technology. These Terms do not grant you any rights to use CxOrbi's trademarks or branding without prior written permission.

You retain ownership of all content, feedback data, and materials you create using the Service.

8. SDK and Tracking Code

If you embed the CxOrbi SDK or tracking code on your website or application, you are responsible for:

• Informing your end-users about the data collection through your own privacy policy and obtaining any required consent.
• Ensuring your use of session recordings, surveys, and feedback tools complies with applicable privacy laws.
• Configuring the SDK appropriately, including privacy masking for sensitive input fields.

9. AI-Powered Features

CxOrbi uses artificial intelligence to provide sentiment analysis, theme clustering, summaries, and other insights. You acknowledge that:

• AI-generated insights are provided as analytical aids and may not be 100% accurate.
• AI outputs should be reviewed by qualified individuals before making critical business decisions.
• We continuously improve our AI models but do not guarantee specific accuracy levels.

10. Third-Party Integrations

The Service integrates with third-party platforms including Google, Meta/Facebook, Instagram, Slack, and others. Your use of these integrations is subject to the respective platform's terms of service and policies.

CxOrbi is not responsible for the availability, accuracy, or policies of third-party services. We may modify or discontinue integrations as third-party APIs change.

11. Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you agree to the practices described in the Privacy Policy.

12. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We will use commercially reasonable efforts to maintain the availability and performance of the Service.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CXORBI'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO CXORBI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL CXORBI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to indemnify, defend, and hold harmless CxOrbi, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party rights, or (d) your Customer Data.

15. Term and Termination

These Terms remain in effect while you use the Service. Either party may terminate at any time:

• By you: Cancel your subscription and close your account at any time.
• By us: We may suspend or terminate your access if you violate these Terms, with notice where practicable.

Upon termination, you may request an export of your Customer Data within 30 days. After that period, we will delete your data in accordance with our data retention practices.

16. Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Jaipur, Rajasthan, India.

Before initiating formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days.

17. General Provisions

• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and CxOrbi regarding the Service.
• Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in full force.
• Assignment: You may not assign these Terms without our written consent. CxOrbi may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Waiver: Failure to enforce any right or provision does not constitute a waiver.
• Force majeure: Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, acts of government, or internet disruptions.
• Modifications: We may update these Terms from time to time. Material changes will be communicated via email or in-platform notification at least 30 days before taking effect.

18. Contact Us

For questions about these Terms, please contact us: