Terms of Service

Last updated: [TO BE CONFIRMED: effective date]Provider: [TO BE CONFIRMED: legal entity name] ("IndiaCalling.ai", "we", "us"), [TO BE CONFIRMED: entity type and cin], registered office at [TO BE CONFIRMED: registered address].

By creating an account, submitting a form, or using www.indiacalling.ai or our platform (the "Service"), the business or person you represent (the "Customer", "you") agrees to these terms. If you sign a separate master services agreement or order form, that document prevails where it conflicts with these terms.

1. The Service

IndiaCalling.ai provides a cloud platform that places automated AI voice calls to leads supplied by the Customer, qualifies them, books appointments such as site visits, records and transcribes calls, and provides a CRM and analytics. Enterprise customers may receive additional deployment and support terms in an order form.

2. Accounts

You must provide accurate information, keep credentials secure, and are responsible for activity under your account. You warrant that you are authorised to bind the business you register.

3. Pricing, billing and taxes

Pay-as-you-go use is billed at the rate shown on our pricing page ([TO BE CONFIRMED: current rate at publication]) per connected minute, meaning the time an AI agent is actively speaking with a person you asked us to call, with no monthly platform fee. [TO BE CONFIRMED: define connected minute and rounding] Balances are topped up in advance ([TO BE CONFIRMED: top up and expiry terms]). Prices are [TO BE CONFIRMED: exclusive or inclusive] of GST, which is charged as applicable. Enterprise pricing is set in an order form. Refund terms: [TO BE CONFIRMED: refund policy].

4. Roles under data protection law

For lead and call data you load into the Service, you are the Data Fiduciary and we are your Data Processor under the Digital Personal Data Protection Act, 2023. We process it only on your instructions as set out in these terms and any data processing addendum ([TO BE CONFIRMED: dpa reference]). You are responsible for having a lawful basis, valid consent and notice for every person you ask us to call and record. For data about your own account users and website enquiries, we are the Data Fiduciary and our Privacy Policy applies.

5. Your compliance duties for commercial calls (TRAI, DND, TCCCPR)

You are solely responsible for the lawfulness of the calls you ask us to place. In particular, you agree that:

1. Registration. You will complete any registration required under TRAI's Telecom Commercial Communications Customer Preference Regulations, 2018 ("TCCCPR") and related directions, including sender and header registration and content-template registration on the relevant operator DLT platforms, wherever applicable to your call type. [TO BE CONFIRMED: which number series we provide]
2. Do Not Disturb. You will scrub every number against the National Customer Preference Register (DND) before upload, unless you hold valid, recorded consent or the call is a permitted transactional or service call. You will not ask us to call numbers registered on DND for promotional purposes without such consent.
3. Consent. You will hold and be able to evidence prior consent where required, including consent from people who enquired through property portals or lead forms, and will honour revocation of consent.
4. Calling hours. You will not schedule promotional calls outside the hours permitted by law ([TO BE CONFIRMED: calling hours currently in force]). We may enforce calling-hour limits in the platform.
5. Identification and AI disclosure. You will let call recipients know the call is from you and that they are speaking with an AI agent, and that the call is recorded. You will not use the Service to impersonate a person or authority.
6. Opt-out. You will honour requests to stop calling. The Service logs such requests, and you must apply them across your lists.
7. Call recording. You are responsible for giving notice of, and obtaining consent to, recording of calls under applicable law.
8. Prohibited content. No fraudulent, misleading, harassing, unsolicited-spam, political, or unlawful content, and no calls to emergency services.

We may suspend calling, remove numbers, or terminate the account if we reasonably believe you breach this section or if a telecom operator or regulator requires it. You will promptly tell us of any complaint or notice from a regulator or operator. [TO BE CONFIRMED: liability allocation with counsel]

6. Acceptable use

You will not misuse the Service, interfere with its security, reverse engineer it except as law permits, resell it without our written consent, or use it to train a competing model.

7. Our intellectual property and your data

We own the Service and its underlying technology. You own your data. You grant us a limited licence to host and process your data to provide the Service. [TO BE CONFIRMED: define whether anonymised data may be used for improvement]

8. AI outputs

The agent uses speech and language models that can make mistakes. Call outcomes, transcripts, qualification scores and any figures shown on our website are provided for business use and are not guarantees. Figures on our site described as representative are illustrations, not promises of results.

9. Availability and support

We aim for high availability but do not guarantee uninterrupted service. Planned maintenance and third-party telephony or carrier outages may affect calls. Enterprise SLAs, if any, are set in the order form ([TO BE CONFIRMED: sla reference]).

10. Term and termination

You may stop using the Service at any time. Pay-as-you-go has no lock-in; unused balance handling is described in [TO BE CONFIRMED: top up and expiry terms]. Either party may terminate for material breach not cured in [TO BE CONFIRMED: cure days] days. On termination we delete or return your data within [TO BE CONFIRMED: post termination window], subject to legal retention duties.

11. Warranties and liability

The Service is provided "as is" to the extent permitted by law. We are not liable for indirect or consequential loss, lost profits, or regulatory penalties arising from your calling practices. Our total liability for any claim is limited to [TO BE CONFIRMED: liability cap]. Nothing in these terms limits liability that cannot be limited under Indian law.

12. Indemnity

You will indemnify us against third-party claims, regulatory actions and losses arising from your lead data, your calling content or your breach of section 5. [TO BE CONFIRMED: counsel to confirm scope]

13. Confidentiality

Each party will protect the other's non-public information and use it only for the Service.

14. Changes

We may update these terms and will post the new version with an updated date. Continued use after the effective date means acceptance. For material changes affecting paying customers we will give [TO BE CONFIRMED: notice days] days' notice by email.

15. Governing law and disputes

These terms are governed by the laws of India. The parties will first try to resolve disputes in good faith. [TO BE CONFIRMED: arbitration clause seat and rules or delete] Subject to that, the courts at [TO BE CONFIRMED: city], India have exclusive jurisdiction.

16. Contact

Questions about these terms: [TO BE CONFIRMED: contact email (domain mailbox)].Grievance Officer: [TO BE CONFIRMED: grievance officer name], [TO BE CONFIRMED: grievance email]. See our Privacy Policy for the grievance process.