Nirvani Company Terms & Conditions

Our website and services are intended solely for business and commercial use. By using our services you represent that you are at least 18 years old, have authority to act on behalf of yourself or the business you represent, and will comply with applicable law. The services are not intended for personal, family, or household purposes, and consumer protection laws based on personal use do not apply.

Nirvani provides business software, automation, AI infrastructure, CRM, voice, messaging, communications, websites, follow-up systems, reporting, payment-related enablement, and related business services. Services may include CRM setup and configuration; AI chat, voice, messaging, automation, and follow-up systems; booking and scheduling workflows; websites, landing pages, and related digital assets; reporting, dashboards, analytics; and related implementation, configuration, support, and consulting. Not every feature described on our website is included in every client engagement, plan, or service package.

These Terms apply generally to website visitors, users, prospects, and clients. If you enter into a separate signed agreement, service order, proposal, statement of work, invoice approval, onboarding summary, or similar commercial document with Nirvani, that document may include additional or more specific terms. If there is a direct conflict between these Terms and a signed client document, the signed client document controls for that specific scope, pricing, or commercial issue. In all other respects these Terms remain fully applicable.

Nirvani's services, content, automations, AI outputs, reports, templates, messages, recommendations, and related materials are provided for business, operational, and informational purposes only. They are not legal, medical, accounting, tax, investment, healthcare, or other licensed professional advice. You remain solely responsible for reviewing and approving any output before using it in your business and for obtaining advice from qualified professionals where appropriate. No fiduciary, advisory, or confidential relationship is created by your use of the services.

When you create or use an account with Nirvani, you agree to:

You agree not to use the website, platform, or services for any of the following, and any such use constitutes a material breach permitting immediate termination without refund:

As a client you agree to:

Our services may use AI-assisted, automated, or rules-based systems for messaging, chat, voice, qualification, scheduling, tagging, routing, reporting, content generation, summaries, and other business functions. AI and automated systems can produce inaccurate, incomplete, delayed, biased, or undesired outputs. Nirvani does not warrant that AI outputs will be accurate, complete, lawful, or fit for any particular purpose.

Our services may rely on third-party providers, integrations, software, telecom vendors, payment processors, hosting providers, advertising platforms, messaging providers, and related systems. We do not control third-party services and are not responsible for outages, policy changes, pricing changes, suspensions, delays, failures, data loss, or security incidents caused by third-party providers. Your use of third-party services may also be subject to their own terms, and you are responsible for complying with those terms.

Pricing may vary by client based on scope, complexity, deliverables, service level, usage, and related factors. Final pricing for each client will be stated in the applicable signed service order, proposal, invoice, onboarding approval, or other written commercial document. Unless otherwise stated in writing:

No services will begin, and no payment method will be charged, until the client has accepted the applicable commercial terms through a signed agreement, service order, proposal acceptance, invoice approval, checkout flow, or other written or electronic authorization acceptable to Nirvani.

By providing a payment method and authorizing commercial terms, you authorize Nirvani and its payment processors to charge that method for:

Charges may appear on your statement under a billing descriptor associated with Nirvani or a related approved descriptor used by our payment processor. You acknowledge and consent to such descriptors and waive any claim based solely on the form of the billing descriptor. You consent to receive invoices, receipts, service notices, billing notices, renewal notices, cancellation confirmations, and related communications electronically.

Services may involve third-party costs including but not limited to:

All fees are non-refundable except as expressly stated below or as required by non-waivable law:

Unless otherwise stated in writing, services are provided on a month-to-month basis. Either party may cancel a month-to-month arrangement by giving at least 30 days' prior written notice. Client cancellation notices must be sent to [email protected]. Cancellation applies prospectively only and does not reverse valid charges already incurred or entitle the client to any refund of prepaid amounts. If notice is received fewer than 5 business days before the next scheduled recurring charge, cancellation takes effect after the next billing cycle. Nirvani may cancel any month-to-month service for convenience on 30 days' prior written notice. Nirvani may provide cancellation confirmation electronically.

You agree to contact Nirvani first at [email protected] to resolve any billing concern before initiating a chargeback, retrieval request, bank dispute, or payment reversal. You must submit any billing dispute within 30 days of the original invoice or charge date; disputes not raised within that period are waived. You acknowledge that charges authorized under an applicable agreement, order, proposal, invoice, or checkout flow are charges for Nirvani's own services.

If you initiate a chargeback or payment dispute inconsistent with your authorization or these Terms, Nirvani may provide relevant documentation to the payment processor, acquiring bank, gateway, card network, or financial institution responding to the dispute, including agreements, service orders, invoices, receipts, communications, approvals, access logs, session records, and cancellation history. Improper chargebacks are a material breach of these Terms, and you agree to reimburse Nirvani for all disputed amounts, chargeback fees, processor penalties, reasonable attorneys' fees, and collection costs. Nirvani reserves the right to report improper chargebacks to consumer reporting agencies and industry fraud databases to the extent permitted by law.

Nirvani sells and bills only for its own contracted services. Nirvani does not accept, hold, transmit, settle, pool, disburse, or process funds on behalf of clients, client customers, vendors, or other third parties unless expressly stated in a separate written agreement.

Nirvani may suspend or terminate all or part of the services, immediately and without liability or refund, if:

All pre-existing and developed materials, templates, methods, workflows, scripts, systems, documentation, dashboards, prompts, system instructions, automations, frameworks, forms, designs, code, processes, models, model weights, embeddings, training data, and know-how owned, developed, or used by Nirvani remain the exclusive property of Nirvani or its licensors. Nothing in these Terms transfers ownership of any Nirvani intellectual property to the client. Upon full payment of all undisputed amounts due, and unless otherwise stated in writing, you receive a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use final deliverables prepared specifically for your internal business use, subject to continued compliance with these Terms.

Nirvani, the Nirvani logo, and related marks are trademarks of Nirvani Company. Nothing in these Terms grants you any right to use Nirvani trademarks without prior written consent.

Each party agrees to protect the other party's non-public business, commercial, financial, and operational information ("Confidential Information") using reasonable care and to use such information only as necessary for performance, compliance, billing, support, and internal operations. Nirvani's platform, pricing, methods, prompts, system instructions, model configurations, and technical architecture are Confidential Information of Nirvani.

Confidentiality obligations do not apply to information that becomes public through no breach, was already lawfully known, is independently developed without use of the other party's Confidential Information, or must be disclosed by law, subpoena, court order, regulator, or processor requirement where legally permitted. Breach of this section by the client entitles Nirvani to seek immediate injunctive relief in addition to all other remedies.

Nirvani's platform and services may be delivered, referred, co-sold, implemented, integrated, or augmented through a network of business relationships that are not public and that are made known to the client only in connection with a prospective or actual engagement with Nirvani (each, a "Nirvani Relationship"). "Nirvani Relationship" includes, without limitation:

Business outcomes are affected by factors outside our control, including market conditions, offer quality, competition, budget, staffing, response speed, sales execution, seasonality, platform rules, carrier filtering, and your internal operations. Nirvani does not guarantee any specific number of leads, calls, appointments, reviews, revenue, return on spend, rankings, placements, conversions, or other commercial results. Our obligation is to provide the contracted services in a commercially reasonable and professional manner. Any projections, forecasts, or examples shown are illustrative only and are not a commitment or warranty.

EXCEPT AS EXPRESSLY STATED IN A SIGNED WRITTEN AGREEMENT, THE WEBSITE, PLATFORM, SERVICES, AI OUTPUTS, CONTENT, COMMUNICATIONS, DELIVERABLES, AND RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIRVANI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, UNINTERRUPTED AVAILABILITY, AND ANY WARRANTY THAT THE SERVICES WILL BE ERROR-FREE, SECURE, VIRUS-FREE, UNINTERRUPTED, OR WILL ACHIEVE ANY SPECIFIC COMMERCIAL RESULT. NO ORAL OR WRITTEN INFORMATION PROVIDED BY NIRVANI CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. NIRVANI DOES NOT WARRANT COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, SECTION 508, OR WEB CONTENT ACCESSIBILITY GUIDELINES (WCAG) FOR ANY WEBSITE, LANDING PAGE, FORM, WIDGET, OR DIGITAL ASSET CREATED, HOSTED, OR MANAGED THROUGH THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIRVANI AND ITS OWNERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOST GOODWILL, OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIRVANI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY THE CLIENT TO NIRVANI DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND SURVIVE TERMINATION.

You agree to defend, indemnify, and hold harmless Nirvani Company and its owners, managers, officers, directors, employees, contractors, affiliates, licensors, and agents (collectively, the "Indemnified Parties") from and against any and all third-party claims, demands, liabilities, damages, settlements, judgments, penalties, fines, costs, and expenses (including reasonable attorneys' fees and investigation costs) arising out of or related to:

Neither party will be liable for delays or failures caused by events beyond its reasonable control, including internet outages, utility interruptions, cyber incidents, cloud provider failures, telecom failures, carrier filtering, labor disputes, government action, natural disasters, pandemics, or failures of third-party platforms or service providers. The client's payment obligations are not excused by force majeure.

You may not assign, delegate, or transfer these Terms or any related agreement, in whole or in part, by operation of law or otherwise, without Nirvani's prior written consent. Any attempted assignment in violation of this section is void. Nirvani may freely assign these Terms or any related agreement to an affiliate or to any successor in connection with a merger, acquisition, restructuring, financing, sale of assets, or reorganization, without client consent.

You represent and warrant that: (i) you are not located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive U.S. sanctions, and you are not listed on any U.S. government restricted-party list (including the OFAC Specially Designated Nationals and Blocked Persons List); (ii) you are not acting on behalf of any such person or entity; (iii) your access to the services does not violate applicable export-control, sanctions, anti-money-laundering, anti-bribery, or anti-corruption laws; and (iv) the source of any funds proposed in connection with an engagement is lawful. You agree to comply with all applicable U.S. and international export, re-export, sanctions, and anti-money-laundering laws. Nirvani may refuse or terminate service to any person or entity to comply with such laws or with its internal policies.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND NIRVANI TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAY YOU CAN SEEK RELIEF.

Agreement to Arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms, the website, or the services (a "Dispute") will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court, except as expressly provided below. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Location and Procedure. Arbitration will be conducted in Maricopa County, Arizona, or remotely at the arbitrator's discretion. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Injunctive Relief Carve-Out. Notwithstanding the agreement to arbitrate, Nirvani may seek immediate injunctive, equitable, or other provisional relief in any court of competent jurisdiction to protect its intellectual property, Confidential Information, trade secrets, data, systems, or to enforce Sections 6, 20, 21, and 22. The pursuit of such relief does not waive Nirvani's right to arbitration of any other Dispute.

CLASS ACTION WAIVER. YOU AND NIRVANI EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS.

JURY TRIAL WAIVER. TO THE EXTENT ANY DISPUTE IS NOT SUBJECT TO ARBITRATION, YOU AND NIRVANI EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

Opt-Out. You may opt out of this Section 30 by sending written notice to [email protected] within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.

Severability. If the class action waiver is found unenforceable in a particular case, the Dispute will proceed in court under Section 31, not in arbitration, but the remainder of this Section 30 will remain in full force and effect.

Attorneys' Fees. In any arbitration or litigation arising under these Terms, Nirvani is entitled to recover its reasonable attorneys' fees, expert fees, and costs if it is the prevailing party, to the maximum extent permitted by law.

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles. Subject to Section 30, any Dispute not subject to arbitration, and any action to enforce or confirm an arbitration award, will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and each party irrevocably consents to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

If you believe content accessible through the services infringes your copyright, send a written notice to [email protected] that includes the information required by 17 U.S.C. Section 512(c)(3):

You consent to transact with Nirvani electronically. Agreements, notices, disclosures, invoices, receipts, approvals, service notices, billing notices, and related communications may be provided electronically. Electronic signatures, records, acceptances, and automated electronic transactions have the same force and effect as physical signatures and paper records to the extent permitted by law.

Notices to Nirvani must be sent to the appropriate email address below and are deemed received when actually delivered to the applicable Nirvani inbox:

Sections 4, 6, 7, 8, 9, 10, 12, 13, 14, 15, 17, 18, 19.1, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39, and 40 survive any expiration or termination of these Terms for any reason.

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent. Failure to enforce any provision is not a waiver of that or any other provision. Headings are for convenience only. The terms "including" and "includes" mean "including without limitation." Any ambiguity will not be construed against the drafter.

These Terms are for the sole benefit of you and Nirvani and their respective permitted successors and assigns. Nothing in these Terms, express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature.

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, franchise, agency, or fiduciary relationship.

Nirvani may update these Terms at any time and in its sole discretion. The updated version will be posted on our website with a revised "Last updated" date. Continued use of the website or services after updated Terms are posted constitutes acceptance, except where separate written acceptance is required. It is your responsibility to review these Terms periodically.

These Terms, together with the Privacy Policy and any signed service order, proposal, invoice approval, onboarding document, or other written commercial document incorporated by reference, form the entire agreement between you and Nirvani regarding the subject matter addressed here and supersede all prior or contemporaneous understandings, communications, and representations, whether oral or written.