Terms of Service

• "Cualify", "we", "us" — Cualify Technologies LLP, a limited liability partnership registered in India with its registered office in Mumbai, Maharashtra, India.
• "Customer", "you" — the legal entity creating an account and accepting these Terms on its behalf.
• "Services" — the Cualify AI calling platform, web dashboard, voice agents, billing, notifications, integrations, and APIs.
• "End-recipient" — any natural person whom your AI agent calls or who calls into your AI agent.
• "Personal Data" — any data relating to an identified or identifiable natural person, as defined in the Digital Personal Data Protection Act, 2023.

By creating an account, clicking through a sign-up flow, paying an invoice, or accessing the Services, you agree to these Terms together with the Privacy Policy, the Acceptable Use Policy, the Refund Policy, and (for paid customers) the Data Processing Agreement. Together, these documents form the Agreement between you and Cualify.

If you are accepting on behalf of an organisation, you represent that you have authority to bind it.

Cualify provides AI calling Services that include, depending on your plan:

• Outbound and inbound voice agents in Indian languages
• DLT-registered telephony numbers (140-series)
• Call recording, transcripts, and analytics
• CRM integrations and webhooks
• WhatsApp follow-ups via authorised templates
• Billing and GST-compliant invoicing

Feature availability is determined by your active plan. We document the feature matrix at /pricing. We may add, modify, or deprecate features with reasonable notice; deprecation of a feature you actively rely on entitles you to terminate without penalty.

Plans renew on a monthly or annual cycle. Annual plans receive a 15% discount versus the monthly equivalent. Included voice minutes do not roll over between billing periods. Overage minutes are billed at the rate published on /pricing for your plan.

One-time credit packs are valid for 12 months from purchase, are non-refundable once issued, and stack with subscription minutes (subscription minutes are consumed first within a billing cycle).

Invoices are issued in INR through Razorpay. We add 18% GST and deduct 2% TDS at source where applicable. Form 16A is provided each quarter. You are responsible for any local taxes outside India that may apply.

Late payment after 14 days suspends new outbound campaigns; access remains read-only for 30 days for data export, after which the account may be terminated.

After the 15-day window, you may cancel at any time; cancellation takes effect at the end of the current billing period. We do not pro-rate the remaining portion of the current month. Credits remain valid through their 12-month window.

You are responsible for:

• Lawfully collecting every contact you upload and obtaining valid prior consent for outbound calling under TRAI TCCCPR 2018, the Digital Personal Data Protection Act 2023, and any sectoral rules applicable to your industry.
• Honouring DND (Do Not Disturb) and NCPR (National Customer Preference Register) registrations.
• Maintaining accurate DLT registration of templates and entities under your business name.
• Disclosing the use of an AI agent to end-recipients within the first five seconds of every call.
• The content, scripts, intent, targeting, timing, and frequency of every call you place — and all consequences of those calls.
• Securing your account credentials and notifying us promptly of any unauthorised access.

To the maximum extent permitted by law, Cualify is not responsible or liable for any escalation, complaint, grievance, dispute, regulatory notice, penalty, fine, blocklisting, reputational harm, or third-party claim that arises from or relates to a call placed through your account — whether raised by a call recipient, a telecom operator, TRAI, a data-protection authority, or any other person. Any such matter is your responsibility to handle, resolve, and bear the cost of. By using the Services you accept this allocation of responsibility, and you confirmed the same acknowledgement during onboarding.

We are responsible for:

• Maintaining the platform with the uptime SLA committed in your plan (98% Starter, 99.5% Growth, 99.9% Scale).
• Storing your recordings, transcripts, and contact data within India (Mumbai, ap-south-1).
• Implementing technical and organisational measures aligned with ISO 27001 controls (encryption at rest and in transit, multi-tenant isolation via Postgres RLS, MFA for staff access, audit logging).
• Notifying you of any personal-data breach affecting your account within 72 hours of confirmed detection.
• Maintaining a current sub-processor list at /security#sub-processors.

We retain all rights, title, and interest in the Cualify platform, brand, documentation, and prompts we author. You retain all rights in your content (scripts, contact lists, recordings, transcripts of your calls). You grant us a limited licence to process your content solely to provide the Services.

Aggregated, de-identified usage statistics may be used to improve the Services. We never train shared voice or language models on Customer-specific recordings without prior written consent.

We provide the Services with reasonable skill and care. Beyond the SLAs and the express commitments in this Agreement, the Services are provided on an 'as is' and 'as available' basis. We do not warrant uninterrupted operation, exact accuracy of every transcript, or that AI-generated speech will pass every regulatory voice-disclosure test.

You will indemnify, defend, and hold harmless Cualify, its directors, employees, and agents from and against any and all claims, demands, proceedings, losses, damages, fines, penalties, and costs (including reasonable legal fees) arising out of or relating to: (a) any call placed through your account, including any escalation, complaint, or regulatory action by a recipient, telecom operator, or authority; (b) your violation of the Acceptable Use Policy; (c) your representations regarding consent, DND/NCPR scrubbing, or DLT registration; or (d) your use of the Services in breach of applicable law.

We will indemnify you against any third-party claim that the Services as provided by us infringe registered Indian intellectual property rights, subject to the liability cap below.

To the maximum extent permitted by law, neither party is liable for indirect, consequential, incidental, exemplary, or special damages, or for loss of profits, revenue, or anticipated savings.

Our aggregate liability under or in connection with this Agreement is capped at the fees paid by you in the twelve months preceding the event giving rise to the claim. This cap does not apply to (a) breach of the Data Processing Agreement, (b) infringement of intellectual property, or (c) any liability that cannot be limited by Indian law.

This Agreement starts when you sign up and continues until terminated. Either party may terminate for material breach with 30 days' written notice if the breach is not cured within that period. We may suspend the Services immediately for repeated AUP violations or where required by law.

On termination you may export your data through the dashboard for 30 days. After that we delete personal data within 90 days, except where retention is required by law (e.g. tax records held for 7 years).

Neither party is liable for failure or delay caused by events beyond reasonable control — natural disasters, regulatory action, internet or upstream-vendor outages, war, or civil unrest — provided the affected party gives prompt notice and uses reasonable efforts to mitigate.

This Agreement is governed by the laws of India. Any dispute is subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.

We may update these Terms with at least 30 days' email notice. Material changes that affect your rights are highlighted in the notification. Continued use of the Services after the effective date constitutes acceptance. If you do not accept a material change, you may terminate within the 30-day notice period and receive a pro-rated refund of any unused subscription period.

Questions about these Terms? Email [email protected]. Privacy questions go to [email protected]. General support is [email protected]. We respond within four working hours during business days.