Terms & Conditions | Aixclerate AI Calling & WhatsApp Agents

1. AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legal agreement between you or the entity you represent ("Customer," "you," "your") and Aixclerate Pvt Ltd ("Aixclerate," "Company," "we," "us," "our"), regarding your use of our AI agent automation services and platform (collectively, the "Service").

By accessing or using Aixclerate services, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, you may not use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. SERVICE DESCRIPTION

2.1 What Aixclerate Provides

Aixclerate is a managed AI agent service platform that enables you to automate business processes such as:

Sales lead qualification and follow-up calls
Customer service and support inquiries (WhatsApp, voice, email)
Appointment and order booking
Customer communication and nurturing
Multi-language customer interactions
Integration with your existing business tools and CRM systems

2.2 How the Service Works

Setup & Configuration: You provide business requirements, agent instructions, and knowledge base documents
Agent Deployment: Aixclerate deploys trained AI agents to handle customer interactions
Interaction & Monitoring: Agents handle customer inquiries, escalate when needed, you monitor performance
Optimization: Aixclerate continuously improves agent performance based on feedback and metrics
Reporting: Monthly reports on agent performance, customer satisfaction, and ROI

2.3 Technology Stack

Aixclerate uses industry-leading AI and automation technologies. The specific technologies employed are Aixclerate's proprietary implementation details. You agree that:

Technologies may change without notice (we notify major changes)
Specific tools/vendors are internal implementation decisions
You use the Service, not the underlying tools directly
We maintain flexibility to upgrade or change underlying technology

2A. THIRD-PARTY INTEGRATIONS

Google API Services

Aixclerate integrates with Google API Services to provide enhanced functionality. By using our Google integrations, you agree to be bound by:

You are solely responsible for:

Ensuring you have necessary rights to authorize Aixclerate to access your Google account
Complying with Google's terms and policies when using integrated features
Managing permissions granted to Aixclerate through your Google account
Notifying your end-users if their data will be processed through Google integrations

Other Third-Party Services

Aixclerate may integrate with other third-party services (including communications, payment, and infrastructure providers) with their own terms of service. We are not responsible for third-party service interruptions or changes to their policies.

WhatsApp Business API

If you use our WhatsApp Business integration:

You agree to comply with Meta's WhatsApp Business Policy
You agree to WhatsApp Commerce Policy if conducting transactions
You must have legal right to use WhatsApp Business API for your business
You are responsible for obtaining customer consent before messaging them via WhatsApp
You must comply with WhatsApp's template message requirements and opt-in policies

WhatsApp Messaging Limits:

Meta imposes messaging limits based on your WhatsApp Business account quality rating
You are responsible for maintaining a high-quality rating to avoid restrictions
Aixclerate is not liable for WhatsApp messaging restrictions imposed by Meta

WhatsApp Charges: WhatsApp Business API conversations are charged by Meta. You agree to pay applicable WhatsApp conversation charges as part of your Aixclerate subscription.

2B. AI SERVICES & LIMITATIONS

Nature of AI Services

Aixclerate provides AI-powered agents using a combination of proprietary systems and third-party AI technologies. By using our Service, you acknowledge and agree that:

AI agents use machine learning and may not always produce accurate or appropriate responses
AI-generated content should be reviewed and verified before making critical decisions
AI models are provided "as-is" by third-party providers with their own limitations
We continuously improve AI accuracy but cannot guarantee 100% accuracy

AI Content Disclaimers

IMPORTANT: AI-generated responses may contain:

Factual inaccuracies or "hallucinations"
Outdated information
Misinterpretation of customer queries
Culturally insensitive or inappropriate content
Responses not aligned with your brand voice

Your Responsibilities

As a customer using AI agents, you are responsible for:

Training & Configuration: Providing accurate knowledge base and instructions to AI agents
Monitoring: Regularly reviewing AI conversations and performance
Human Oversight: Implementing human review for high-stakes decisions
Compliance: Ensuring AI agent responses comply with applicable laws and regulations
Disclosure: Informing customers when they are interacting with AI agents (if required by law)

Limitation of Liability for AI

Aixclerate SHALL NOT BE LIABLE for:

Inaccurate, incomplete, or inappropriate AI-generated responses
Business losses due to AI agent errors or misunderstandings
Regulatory violations resulting from AI-generated content
Reputational damage from AI agent interactions
Customer complaints about AI-generated responses

Maximum Liability: Our liability for AI-related issues is limited to service credits or refunds as specified in Section 11 (Liability & Indemnification).

AI Model Changes

We reserve the right to:

Change AI model providers without notice
Update or upgrade AI models for improved performance
Modify AI capabilities based on provider changes
Implement content filters or safety measures

3. ACCOUNTS & ACCESS

3.1 Account Registration

To use the Service, you must:

Create an account with accurate, complete information
Provide valid billing information
Maintain a single registered contact person for your account
Notify us immediately of any unauthorized access

3.2 Account Credentials

You are responsible for:

Keeping login credentials confidential
Preventing unauthorized access to your account
All activity under your account credentials
Immediately notifying us of suspected unauthorized access

3.3 Account Termination

You may terminate your account anytime by:

Notifying us in writing at support@aixclerate.com
Paying any outstanding invoices
Deleting your data per Data Deletion section

We may terminate your account if you: violate these Terms, fail to pay invoices for 30+ days, use the Service for illegal purposes, misuse agents or create security risks, or violate data protection laws.

Termination notice: We provide 30 days written notice before termination (except for serious violations).

3.4 Suspension of Service

We may suspend your Service immediately (without notice) if you create imminent security risks, violate laws or regulations, misuse the Service to harm others, or fail to pay invoices and ignore payment notices. You will be charged through the end of the current billing period.

4. PAYMENT & BILLING

4.1 Subscription Pricing

Pricing is clearly outlined in: Pricing page on aixclerate.com, your signed Service Agreement or proposal, and monthly invoices sent to your billing email.

Pricing Includes: Agent deployment and configuration, 24/7 platform uptime and monitoring, basic integration support, monthly performance reporting, agent optimization and improvements.

Pricing Does NOT Include: Custom development or complex integrations (billed separately), dedicated support (available as paid add-on), advanced analytics (available as paid add-on), white-label solutions (separate negotiation).

4.2 Billing Cycle & Payment

Frequency: Monthly or annual (annual provides discount)
Payment Due: Within 7 days of invoice (or as per contract)
Payment Methods: Credit card, debit card, UPI, net banking, and other methods supported via Razorpay; bank transfer
Currency: Indian Rupees (₹) or USD (invoiced in your contract currency)

4.3 Price Changes

Annual Reviews: We may adjust pricing annually with 30 days written notice
Mid-Contract: Pricing does not change until renewal unless negotiated
Acceptance: Continued service after price change notification means you accept new pricing
Rejection: You may cancel within 30 days if you don't accept new pricing

4.4 Failed Payment

First Failure: Service continues while we retry payment
5 Days Non-Payment: We notify you of payment failure
15 Days Non-Payment: Service is suspended (data retained, agents offline)
30 Days Non-Payment: Account may be terminated, data archived/deleted after 60 days

4.5 Taxes

Pricing excludes applicable taxes (GST, VAT, etc.). You are responsible for any taxes in your jurisdiction. We collect taxes where legally required.

4.6 Wallet & Prepaid Credits

Aixclerate operates a wallet-based billing system for usage-based charges. Your wallet is a prepaid account balance used to pay for AI agent usage in real time.

4.6.1 Wallet Recharge

Payment Gateway: All wallet recharges are processed through Razorpay, a PCI-DSS compliant payment gateway authorized by the Reserve Bank of India
Supported Methods: Credit/debit cards, UPI (Google Pay, PhonePe, Paytm, BHIM), net banking, and digital wallets
Minimum Recharge: As specified on the platform at the time of recharge
Instant Credit: Wallet balance is credited immediately upon successful payment confirmation from Razorpay
Transaction ID: A unique Razorpay Payment ID is generated for every wallet recharge for your records

4.6.2 Wallet Usage & Deductions

Auto-Deduction: Wallet balance is automatically deducted for AI agent usage (voice call minutes, WhatsApp conversations) at the applicable rate
Real-Time Billing: Usage charges are deducted in near real-time as services are consumed
Low Balance Alert: You will receive notifications when your wallet balance falls below the configured threshold
Insufficient Balance: AI agent services will pause automatically when your wallet balance reaches zero. Services resume upon wallet recharge
Usage Rates: Per-minute voice calling rates and per-conversation WhatsApp rates are as displayed on the pricing page and dashboard

4.6.3 Wallet Restrictions

Wallet balance is non-refundable except as outlined in our Refund & Cancellation Policy
Wallet balance is non-transferable between accounts
Wallet balance does not expire while your account remains active and in good standing
Wallet balance will be forfeited if your account is terminated for policy violations
Wallet balance cannot be used for services outside the Aixclerate platform

4.6.4 Payment Disputes & Failed Transactions

If a payment is debited but wallet is not credited within 48 hours, contact us at billing@aixclerate.com with your Razorpay Payment ID
Duplicate charges will be refunded to the original payment method within 5-10 business days
For payment disputes, contact Aixclerate before filing a chargeback with your bank. Unauthorized chargebacks may result in account suspension

4.7 Refunds & Cancellations

All refund and cancellation terms are governed by our Refund & Cancellation Policy, which forms an integral part of these Terms. Key points include:

Wallet recharges are non-refundable (with limited exceptions for payment errors)
Usage charges for consumed AI services are non-refundable
Monthly subscriptions can be cancelled before renewal, with no pro-rata refund
Annual subscriptions have a 7-day cooling-off period for full refund
Service Credits (non-monetary) may be issued for platform-caused service failures

5. SERVICE LEVELS & UPTIME

5.1 Uptime Guarantee

Aixclerate commits to 99.5% monthly platform uptime.

Uptime Definition: Service is "up" when: Agent dashboard is accessible, APIs respond within normal parameters, agents can receive and process messages, and customer integration endpoints are reachable.

Excluded from Uptime: Planned maintenance (announced 7 days in advance), customer-caused issues, third-party provider outages (messaging/voice/AI/cloud partners), denial-of-service attacks or security incidents, internet connectivity issues on customer's end.

5.2 Service Level Credits

If uptime falls below 99.5%, you are eligible for service credits:

UptimeMonthly Credit

99.0% - 99.4%

10% of monthly fees

98.0% - 98.9%

25% of monthly fees

95.0% - 97.9%

50% of monthly fees

< 95.0%

100% of monthly fees (free month)

Maximum Liability: Annual credits capped at 12 months of fees.

5.3 Maintenance Windows

Scheduled Maintenance: Announced 7 days in advance
Duration: Typically 2-4 hours, outside business hours
Uptime Exclusion: Planned maintenance doesn't count against uptime percentage

6. AGENT PERFORMANCE & LIMITATIONS

6.1 Agent Capabilities & Limitations

Aixclerate agents are intelligent but NOT human. You acknowledge:

Capabilities:

Process natural language conversations
Answer questions within trained knowledge base
Qualify leads using specified criteria
Schedule appointments and bookings
Escalate to humans when appropriate
Operate 24/7 without fatigue or emotion

Limitations:

May occasionally misunderstand complex queries
Cannot handle completely novel, out-of-domain situations
May require human review for sensitive/high-stakes decisions
Language accuracy varies by language (English>Hindi>Regional languages)
Do not make binding legal or medical decisions

6.2 Human Escalation

Agents are designed to escalate to your human team when: customer question is complex or outside agent training, customer specifically requests human, agent confidence is below threshold, sensitive information or account changes needed, or complaint or escalation detected.

You are responsible for human team availability to receive escalations.

6.3 Agent Hallucination & Errors

While we implement safeguards, agents may occasionally provide inaccurate information, misinterpret customer intent, or suggest irrelevant solutions.

Our Responsibility: Implement monitoring to catch errors, improve agents when errors are detected, provide transparent conversation logs.

Your Responsibility: Review agent conversations regularly, provide feedback and corrections, escalate serious failures immediately, supervise critical business processes.

7. CUSTOMER RESPONSIBILITIES

7.1 Data You Provide

You are responsible for: Accuracy of all data provided (product info, business processes, customer data), compliance with data protection laws regarding customer data, informing customers their data is being processed by AI agents, obtaining consent from customers for agent interactions, and data security on your end.

Prohibited Data: Biometric data, health/medical data (unless compliant with healthcare regulations), government IDs or sensitive identification, financial data (credit card details, bank accounts), children's data (persons under 18).

7.2 Appropriate Use

You agree NOT to use agents for: illegal activities or fraud, harassment, abuse, or threats toward customers, sharing false/misleading information, spam or unsolicited bulk messages, impersonation (agents must disclose they're AI), circumventing platform restrictions, accessing data you don't own, or creating security risks.

7.3 Customer Notifications

You must inform your customers that: they are interacting with an AI agent, conversations are recorded for quality/optimization, their personal data is processed as per privacy policy, and they have the right to request a human.

8. INTELLECTUAL PROPERTY

8.1 Aixclerate's IP

Aixclerate retains ownership of: Platform software and codebase, agent framework and architecture, proprietary algorithms and training methods, improvements and optimizations we develop, documentation and training materials, trademarks and brand assets.

You receive a limited, non-exclusive license to use the Service for your business purposes only.

8.2 Your Content

You retain ownership of: Your business data, documents, and knowledge base, customer information you provide, conversation transcripts, reports and analytics.

License to Aixclerate: You grant us a license to store and process your data to provide Service, use aggregated, anonymized data to improve agents, and use anonymized case studies and metrics (with your consent).

8.3 Feedback & Suggestions

Any feedback, suggestions, or ideas you provide regarding Aixclerate services may be used by us freely, without compensation to you or obligation to implement.

9. DATA PROTECTION & SECURITY

9.1 Data Handling

Aixclerate Responsibility: Store data securely with encryption, implement access controls and audit logs, maintain data confidentiality and integrity, provide data backup and disaster recovery, respond to data breaches within SLA, comply with DPDP Act 2023, GDPR, CCPA.

Customer Responsibility: Provide accurate, consented data only, comply with data protection laws in your jurisdiction, ensure customer consent for data processing, implement own security for data before sending, manage customer data rights (deletion, access requests).

9.2 Data Residency

Default: India (Mumbai region) for Indian customers
Optional: EU (Frankfurt), US (N. Virginia) available upon request
Compliance: Data remains in chosen region (no unauthorized transfers)

9.3 Data Breaches

If Aixclerate discovers a breach, we will: Investigate scope and severity, notify you within 24 hours, notify affected individuals within 72 hours (if required), file with Data Protection Board of India (if required), provide forensic report and remediation plan.

9.4 Data Deletion

Upon Account Termination: All your data is deleted within 30 days, backup copies archived for 30 days (then deleted), aggregated, anonymized data may be retained indefinitely, legal holds may override deletion.

10. CUSTOMER DATA & PRIVACY

10.1 Data Processing Agreement

For customers processing personal data: A separate Data Processing Agreement (DPA) is executed, DPA complies with DPDP Act 2023 and GDPR, specifies data categories, processing activities, security measures, identifies subprocessors and data locations, defines customer and Aixclerate responsibilities.

DPA is mandatory for all customers handling customer personal data.

10.2 Your Customers' Rights

You must ensure your customers know they have rights to: Access their personal data, correct inaccurate data, request deletion of their data, withdraw consent for interaction with agents, file complaints with Data Protection Board.

10.3 Subprocessors

Aixclerate uses subprocessors for: Voice synthesis/recognition, SMS/WhatsApp API delivery, cloud hosting, payment processing, and analytics.

Full subprocessor list available at aixclerate.com/subprocessors. You consent to these subprocessors by using the Service.

11. LIMITATION OF LIABILITY

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Aixclerate DISCLAIMS: Accuracy, completeness, or reliability of information; agent performance or suitability for specific purposes; freedom from interruptions or errors; quality or fitness for any particular use; uninterrupted, error-free service.

You use the Service AT YOUR OWN RISK.

11.2 Limitation of Damages

Aixclerate's Maximum Liability: In no event shall Aixclerate's total liability exceed the greater of: Total fees paid by you in the 12 months preceding the claim, OR ₹100,000 (approximately $1,200 USD).

AIXCLERATE IS NOT LIABLE FOR: Lost profits or revenue, lost customers or business opportunities, lost data or information, indirect, incidental, or consequential damages, punitive or exemplary damages, damages from delays or performance failures, damages from third-party service providers.

11.3 Indemnification

You agree to indemnify Aixclerate against claims that: Your use of the Service violates third-party rights, your data infringes intellectual property rights, your agent usage violates laws or regulations, you violated these Terms, you harmed third parties through the Service.

12. ACCEPTABLE USE POLICY

You agree NOT to:

Illegal Activities

Use agents for fraud, money laundering, or tax evasion
Facilitate illegal gambling, weapons sales, or narcotics
Violate laws in your jurisdiction
Engage in human trafficking or exploitation

Harmful Content

Use agents to spread malware or harmful code
Generate hate speech, discrimination, or abuse
Create content that harasses or threatens individuals
Generate deepfakes or impersonation content

Spam & Abuse

Send spam or unsolicited bulk messages
Generate phishing or social engineering attempts
Abuse our support team or escalation system

System Abuse

Attempt to hack, crack, or breach our systems
Reverse-engineer our platform or algorithms
Circumvent security measures or rate limits
Create multiple accounts to circumvent limits

Enforcement: Violations result in immediate suspension/termination without refund.

13. THIRD-PARTY SERVICES

13.1 Integrations & APIs

Aixclerate integrates with third-party services including messaging and telephony APIs, CRM systems, AI processing providers, and cloud infrastructure platforms.

Each integration has its own terms, privacy policies, and SLAs.

13.2 Third-Party Liability

Aixclerate is NOT responsible for: Outages or service interruptions from third parties, data loss from third-party systems, API changes or deprecations by third parties, pricing changes from third-party providers, security breaches at third-party providers.

13A. ACCEPTABLE USE POLICY

Prohibited Uses

You agree NOT to use Aixclerate services to:

Send spam, unsolicited communications, or violate anti-spam laws
Impersonate others or misrepresent your identity
Violate any applicable laws, regulations, or third-party rights
Distribute malware, viruses, or harmful code
Attempt unauthorized access to our systems or customer data
Scrape, mine, or harvest data without authorization
Use our service for illegal activities or fraudulent purposes
Violate Google API Services User Data Policy when using Google integrations
Engage in any activity that disrupts or interferes with the Service

Enforcement: We reserve the right to suspend or terminate your account immediately if you violate this Acceptable Use Policy.

14. MODIFICATIONS TO SERVICE

14.1 Service Changes

Aixclerate may: Add, modify, or remove features, change user interface or workflow, update underlying technology, modify API specifications.

Notice: 30 days written notice for major changes that negatively impact functionality.

14.2 Termination of Service

Aixclerate may discontinue the Service with: 90 days written notice, pro-rata refund of prepaid fees, data export support for 30 days, migration assistance (if feasible).

15. CONFIDENTIALITY

15.1 Confidential Information

Both parties must: Protect each other's confidential information, use confidential information only for Service-related purposes, not disclose confidential information to third parties, implement reasonable security measures.

Exceptions: Can disclose if required by law (with notice).

15.2 Customer Data Confidentiality

Aixclerate will: Keep customer data confidential (except to subprocessors), use data only to provide Service and improve agents, not use data for third-party marketing, not share individual customer data (aggregated only).

16. COMPLIANCE & LEGAL

16.1 Regulatory Compliance

Aixclerate complies with: DPDP Act 2023 (India data protection), Information Technology Act 2000 (India), GDPR (EU data protection), CCPA (California privacy).

You are responsible for compliance in YOUR jurisdiction.

16.2 Export Control

The Service may be subject to export control regulations. You agree NOT to: Export Service to countries under embargo, use Service in violation of export laws, provide access to prohibited parties.

17. DISPUTE RESOLUTION

17.1 Governing Law

These Terms are governed by Indian law and subject to courts in Mumbai.

17.2 Dispute Process

Before litigation: Send written notice of dispute to support@aixclerate.com, attempt good-faith negotiation (30 days), if unresolved, escalate to management.

17.3 Arbitration (Optional)

For disputes exceeding ₹10 Lakhs, either party may elect binding arbitration under: Arbitration Rules: Indian Arbitration and Conciliation Act 1996, Single arbitrator appointed under ICC rules, Venue: Mumbai, Language: English.

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, plus any Proposal or Service Agreement you signed, Data Processing Agreement, and Acceptable Use Policy constitute the ENTIRE agreement and supersede all prior agreements.

18.2 Modifications to Terms

Minor Changes: Posted on website with effective date
Major Changes: 30 days written notice via email
Acceptance: Continued use means you accept new terms
Rejection: You may cancel if you don't accept changes

18.3 Severability

If any provision is unenforceable, that provision is severed but remaining terms continue in effect.

18.4 Force Majeure

Neither party is liable for events beyond reasonable control: Natural disasters, wars, terrorism, civil unrest, pandemics, government actions, extreme weather.

18.5 Notices

To Aixclerate: support@aixclerate.com
To You: Email to billing or registered email address

19. SPECIFIC SERVICE TERMS

19.1 Voice Calling Service (Sales Agent)

Compliance: Recorded conversations must disclose to called party (TRAI guidelines India)
Do Not Call: Respect National Do Not Call Registry and local equivalents
Consent: Ensure prior consent for outbound calls
Liability: You are liable for violations; Aixclerate is not responsible

19.2 WhatsApp Automation Service

Compliance: Follow WhatsApp Business API Terms of Service
Quality Rating: Maintain high quality rating to avoid restrictions
Message Types: Ensure messages are transactional, not marketing (where required)
Opt-in: Customers must opt into WhatsApp for unsolicited messages

19.3 Email Integration Service

CAN-SPAM: Comply with CAN-SPAM Act (USA) or equivalent
Unsubscribe: Honor unsubscribe requests within 10 days
Opt-in: Use double opt-in for email marketing lists

20. CONTACT & SUPPORT

20.1 Customer Support

Aixclerate (A Brand of Esoul Services)

Email: support@aixclerate.com

General Inquiries: info@aixclerate.com

Address: 3rd Floor, Orchid Centre, Golf Course Road, Sector 53, Gurugram, Haryana 122022, India

Phone: +91-7657955695

Support Portal:dash.aixclerate.com/support

Availability: Monday-Friday, 10 AM - 6 PM IST

Response Times:

Critical issues: 4 hours
High priority: 8 hours
Medium priority: 24 hours
Low priority: 48 hours

20.2 Escalations & Complaints

Complaint Process: Contact support@aixclerate.com with details, assigned ticket for investigation, response within 5 business days, resolution or escalation to management.

Unresolved Complaints: Escalate to grievance@aixclerate.com, 30-day resolution timeline, arbitration if unresolved.

21. ACKNOWLEDGMENT

By using Aixclerate services, you acknowledge:

✓ You have read and understood these Terms
✓ You agree to be bound by these Terms
✓ You have authority to enter this agreement
✓ You understand service limitations and your responsibilities
✓ You accept all risks outlined in Limitation of Liability

Last Updated: January 2026

Version: 1.0

Related Documents: Privacy Policy, Data Processing Agreement, Service Level Agreement

For the most current version, visit: https://aixclerate.com/terms-and-conditions