Terms of Service

1. Introduction

Welcome to Claritel ("we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of our cloud communication, telephony, messaging, analytics, APIs, integrations, and related business communication services (collectively, the "Services").

By accessing or using the Services, you agree to be legally bound by these Terms, as well as Claritel's Privacy, Security & Cookies Policy, the Cancellation & Refund Policy, and any product-specific terms or order forms applicable to your organization, each of which is incorporated by reference.

User Agreement. These Terms, together with the policies and order forms incorporated by reference, constitute the binding agreement between you and Claritel governing your use of the Services (the "User Agreement"). You accept the User Agreement by registering for an account, clicking to accept, or otherwise accessing or using the Services. If you do not agree to these Terms, you must not access or use the Services. If you accept on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to that organization and its Authorized Users.

2. Definitions

For the purposes of these Terms:

• “Applicable Law” means all laws, regulations, rules, and regulatory directions applicable to a party’s use or provision of the Services, including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023 (the “DPDP Act”), and TRAI/DoT telecom regulations.
• “Authorized Users” means you and the users you designate and permit to access the Services on your behalf.
• “Claritel Numbers” means virtual telephone numbers allocated to you for use with the Services.
• “Customer Data” means data, content, and information submitted to or processed through the Services by you or your Authorized Users.
• “Claritel Data” means data generated by the Services, including call detail records, logs, analytics, and reporting outputs.
• “Charges” means all fees and charges payable for the Services under your subscription plan or pay-as-you-go usage.

3. Eligibility

You represent and warrant that you have the legal capacity to enter into binding agreements, and, if acting on behalf of a business, have the authority to bind that organization to these Terms.

4. Account Registration & Security

5. Scope of Services

The Services include Cloud Telephony, Dialer, Agentic AI Voice, Messaging, eCall Analytics, Voice Streaming, APIs, Reporting tools, various integrations, and other business communication solutions. Claritel may update, modify, or discontinue Services in its discretion. Any service-level commitments (e.g., SLAs) will be provided separately and are subject to applicable agreements.

Product components. The Services include, without limitation:

• Claritel Numbers allocated to you for use with the Services;
• Platform, user interfaces, APIs, SDKs, mobile and desktop applications;
• Documentation, configuration guides, and related resources provided by Claritel.

6. Charges, Billing, and Credit Limit

• You agree to pay all Charges for the Services as per your subscription plan or pay-as-you-go usage, as detailed in your account dashboard.
• Credit Limit: You are responsible for ensuring your account does not exceed your assigned Credit Limit. Exceeding the Credit Limit may result in temporary suspension of Services.
• Invoice Payment: Post-paid accounts must settle invoices within 30 days from the date the invoice is raised. Failure to pay within this period may attract interest at 12% per annum, compounded annually, on the outstanding amount from the due date until the date of actual payment. Pre-paid accounts will automatically draw from prepayment balances.
• Disputed Invoices: Disputes must be reported within a reasonable period, not exceeding seven (7) business days. Parties will endeavour to resolve disputes amicably.
• Revision of Charges: Claritel may revise Charges with 30 days’ notice, or 15 days’ notice in case of increased input costs.
• Refunds: Charges are non-refundable except as expressly set out in the Cancellation & Refund Policy, which governs cancellations, non-renewal, wallet balances, and refunds.

7. User Responsibilities & Obligations

You agree to:

• Use the Services lawfully, ethically, and in compliance with Applicable Law (including applicable data protection, telecom, and anti-spam laws in the jurisdictions where the Services are used, such as the IT Act, 2000, the DPDP Act, or other Applicable Law).
• Refrain from transmitting, storing, or posting content that is unlawful, harmful, offensive, defamatory, infringing, or otherwise objectionable.
• Not interfere with, disrupt, or compromise the integrity, security, or performance of the Services.
• Ensure all API usage, integrations, or third-party tools comply with Applicable Law and Claritel’s guidelines.
• Provide Claritel with timely cooperation, information, and assistance in relation to service use, audits, and investigations.

Customer representations and regulatory compliance. You represent and warrant that:

• You and your Authorized Users will comply with all Applicable Law, regulations, and telecom requirements, including privacy, anti-spam, and DND/NDNC rules listed by TRAI (DoT).
• You will not use the Services to develop competing products or services.
• Customer Data processed via the Services is accurate, lawful, and collected with necessary consents.
• WhatsApp Business Services, if used, will comply with WhatsApp Terms and Claritel’s applicable rules.
• You will obtain and maintain explicit consent from all data subjects whose information is processed through the Services.

KYC and company information.

Domestic and international users must submit valid KYC documentation and company information, including registered address, tax IDs, incorporation certificates, and any other documents requested by Claritel. All submitted information must be accurate, complete, and up-to-date. Failure to submit required KYC or company information may result in service suspension or termination.

8. Prohibited Activities

You shall not:

• Engage in fraud, phishing, spamming, or other deceptive practices.
• Attempt unauthorized access to Claritel systems, networks, or data.
• Reverse engineer, decompile, or create derivative works of any Services or software.
• Use the Services to harm, disrupt, or interfere with other users, third-party systems, or the Services themselves.
• Circumvent, disable, or attempt to bypass security measures.

Service usage limitations.

• Only you and your Authorized Users may access the Services.
• The Services are hosted on shared infrastructure, and performance may vary depending on concurrent usage by other users.
• The Services do not support emergency or life-critical communications (including calls to law enforcement, medical, or emergency services), and Claritel disclaims any liability arising from such use.
• Claritel may modify API attributes, endpoints, or resources to optimize performance or address external factors, with prior notice via email or dashboard notifications.
• The Services may be unavailable if your Credit Limit is exceeded.
• Claritel may suspend or revoke access to allocated Claritel Numbers if prohibited by law or regulatory authorities.
• Planned maintenance will be notified at least 12 normal business hours in advance.

9. Intellectual Property Rights

All intellectual property rights in the Services, software, APIs, designs, trademarks, logos, and content are owned by Claritel Communications Pvt. Ltd. or its licensors. Users are granted a limited, non-exclusive, non-transferable license to access and use the Services solely as permitted under these Terms. Unauthorized use of Claritel IP constitutes infringement and may result in civil or criminal liability.

License and usage rights.

• Claritel grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the Services solely in accordance with these Terms.
• Domestic Users are not permitted to resell or sub-license any portion of the Services.
• You acknowledge that Claritel retains all rights, title, and interest in the Services, including any Claritel Numbers or other endpoints allocated to you.
• Your right to access the Services terminates automatically upon account closure, service suspension, or termination of this Agreement.

10. Confidentiality

"Confidential Information" includes all non-public technical, business, or operational information disclosed by either party. You shall maintain confidentiality and shall not disclose or use Claritel Confidential Information except as necessary to use the Services. Exceptions apply if disclosure is required by law, court order, or regulatory authority.

11. Data & Privacy Compliance

• All processing of personal data is subject to Claritel’s Privacy, Security & Cookies Policy, which is incorporated by reference.
• Claritel complies with Applicable Law relating to data protection, including the DPDP Act and the IT Act 2000 & Rules 2011 (India).
• Users shall comply with applicable data protection obligations when using the Services.
• Withdrawal of consent shall not affect processing carried out to comply with Applicable Law or contractual obligations, as further described in the Privacy, Security & Cookies Policy.
• For the purposes of Applicable Law, including the DPDP Act, 2023, Claritel shall act as a Data Fiduciary/Data Controller, as applicable, and as a Data Processor with respect to Customer Data processed on behalf of Users, as further detailed in the Privacy, Security & Cookies Policy.
• Such processing includes lawful interception, regulatory retention, and compliance disclosures as described in the Privacy, Security & Cookies Policy.
• Claritel implements appropriate technical and organizational measures to protect Personal Data and Customer Data, consistent with its certified information security and quality management practices, as further described in Section 14 and the Privacy, Security & Cookies Policy.

Data access, retention, and deletion.

• Users may access and download Customer Data for a period determined by service configuration and applicable retention policies, as described in the Privacy, Security & Cookies Policy.
• Upon termination, Customer Data and Claritel Data will be deleted as soon as reasonably possible, except where retention is required by law.
• Users are responsible for downloading all necessary data before termination of Services.

Customer support and point of contact.

• Claritel will provide Customer Support Services as described in the Support Policy.
• Users must designate a primary Point of Contact with name, designation, email, and phone number to coordinate with Claritel, especially for regulatory matters or urgent notices.

12. Artificial Intelligence Features

The Services include AI-powered features, including Agentic AI Voice, bots, transcription, sentiment analysis, and analytics ("AI Features").

• AI Features generate outputs using automated models and may produce results that are inaccurate, incomplete, or unsuitable for a given context. Outputs are provided for operational assistance only and do not constitute professional, legal, financial, medical, or other regulated advice.
• You are responsible for reviewing AI outputs and for maintaining appropriate human oversight before relying on or acting upon them, particularly where outputs affect customers, transactions, or regulatory obligations.
• You are responsible for the lawfulness of any campaign, script, or workflow you configure using AI Features, including obtaining any consents and disclosures required by Applicable Law.
• Claritel does not warrant the accuracy, reliability, or fitness for a particular purpose of any AI output, and disclaims liability for decisions made in reliance on AI outputs, to the extent permitted by Applicable Law.

13. Third-Party Services & Integrations

Claritel may integrate with third-party services and APIs. Users are responsible for compliance with third-party terms and privacy policies. Claritel is not responsible for any third-party content, availability, or performance.

14. Information Security Practices

15. Indemnity

You agree to indemnify, defend, and hold harmless Claritel, its affiliates, officers, employees, and licensors from any claims, liabilities, damages, losses, or expenses arising from:

• Your use of the Services;
• Breach of these Terms; or
• Violation of Applicable Law or third-party rights.

Indemnity obligations shall be limited to the extent of the indemnifying party's breach, misconduct, or violation of Applicable Law.

Regulatory compliance and indemnity.

• Users agree to indemnify Claritel against liabilities arising from regulatory violations, including unsolicited communication to users on DND/NDNC lists.
• Users must comply with all rules and regulations as per TRAI (DoT of India) and may not use the Services to call any individual who has opted out of, or not given authorization for, such calls.
• Claritel may review or disclose communication content to comply with Applicable Law or regulatory requests.

16. Disclaimers

The Services are provided "as-is" and "as-available" without warranties of any kind, including merchantability, fitness for a particular purpose, or non-infringement. Claritel does not guarantee uninterrupted or error-free operation. Certain jurisdictions may not allow disclaimers of warranties; to the extent prohibited, disclaimers are limited to the minimum extent necessary.

17. Limitation of Liability

• Claritel is not liable to you or any third party for indirect, incidental, consequential, punitive, or special damages.
• Claritel’s total liability to you shall not exceed the total fees actually paid by you to Claritel for the affected Services during the thirty (30) days preceding the event giving rise to the claim.
• Users acknowledge that the limitations of liability reflect an allocation of risk and that Claritel would not provide the Services without such limitations.

18. Force Majeure

Claritel is not liable for any delays, interruptions, or failures due to causes beyond its reasonable control, including natural disasters, government actions, cyberattacks, or network failures.

19. Audit & Compliance

• Claritel may audit your use of the Services to ensure compliance with these Terms. You agree to provide reasonable access and information for such audits.
• Non-compliance may result in suspension, termination, or legal remedies.
• Any audit shall be conducted in a manner that minimizes disruption and preserves confidentiality of Customer Data and proprietary information.
• Claritel’s internal compliance, audit, and risk management practices are conducted in accordance with its certified ISO/IEC 27001:2022 information security framework and relevant SOC 2 Type II control objectives.
• Any audit shall be limited to verifying compliance with these Terms and Applicable Law and shall not involve unnecessary access to Customer Data.

20. Term & Termination

21. Changes to These Terms

Claritel may update or modify these Terms from time to time to reflect changes in the Services, pricing models, business practices, or Applicable Law. Where changes are material, Claritel will provide notice via email or dashboard notification. The current version will always be available on our website with the "Last updated" date shown above. Your continued use of the Services after the effective date of any update constitutes acceptance of the revised Terms.

22. Governing Law & Dispute Resolution

• These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) are governed by and construed in accordance with the laws of India.
• Any dispute, claim, or difference arising out of or in connection with this Agreement, including its interpretation, performance, breach, termination, or validity, shall be referred to and finally resolved by arbitration administered by the PRE-LIT Arbitration Institute ODR in accordance with the PRE-LIT Arbitration Rules in force at the time of commencement of the arbitration.
• The arbitral tribunal shall consist of a sole arbitrator, who shall be appointed by the PRE-LIT Arbitration Institute strictly in accordance with its Rules. The parties expressly agree that neither party shall have any unilateral right or authority to appoint the arbitrator.
• In the event that the dispute is not referred to PRE-LIT arbitration, or the PRE-LIT arbitration mechanism is unavailable, inoperative, or otherwise incapable of being conducted, the dispute shall be finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time.
• The seat and venue of arbitration shall be Bengaluru, India, and the language of arbitration shall be English. Subject to the arbitration agreement above, the courts at Bengaluru, India shall have exclusive jurisdiction.

23. General

• Entire Agreement. These Terms, together with the policies and order forms incorporated by reference, constitute the entire agreement between you and Claritel regarding the Services and supersede all prior understandings.
• Order of Precedence. In the event of a conflict, a signed order form or product-specific terms prevail over these Terms, which in turn prevail over any other referenced policy, unless expressly stated otherwise.
• Severability. If any provision is held invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.
• Waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign or transfer these Terms without Claritel’s prior written consent. Claritel may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Notices. Notices to you may be given via email or dashboard notification. Notices to Claritel must be sent to enquiry@claritel.ai.