Last Updated: January 2026
Effective Date: January 15, 2026
Version: 1.0
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.
Aixclerate is a managed AI agent service platform that enables you to automate business processes such as:
Aixclerate uses industry-leading AI and automation technologies. The specific technologies employed are Aixclerate's proprietary implementation details. You agree that:
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:
Aixclerate may integrate with other third-party services (Twilio, Stripe, ElevenLabs, etc.) with their own terms of service. We are not responsible for third-party service interruptions or changes to their policies.
If you use our WhatsApp Business integration:
WhatsApp Messaging Limits:
WhatsApp Charges: WhatsApp Business API conversations are charged by Meta. You agree to pay applicable WhatsApp conversation charges as part of your Aixclerate subscription.
Aixclerate provides AI-powered agents using third-party AI models (OpenAI, Anthropic, Groq, ElevenLabs). By using our Service, you acknowledge and agree that:
IMPORTANT: AI-generated responses may contain:
As a customer using AI agents, you are responsible for:
Aixclerate SHALL NOT BE LIABLE for:
Maximum Liability: Our liability for AI-related issues is limited to service credits or refunds as specified in Section 11 (Liability & Indemnification).
We reserve the right to:
To use the Service, you must:
You are responsible for:
You may terminate your account anytime by:
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).
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.
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).
Pricing excludes applicable taxes (GST, VAT, etc.). You are responsible for any taxes in your jurisdiction. We collect taxes where legally required.
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 (Twilio, ElevenLabs, AWS), denial-of-service attacks or security incidents, internet connectivity issues on customer's end.
If uptime falls below 99.5%, you are eligible for service credits:
| Uptime | Monthly 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.
Aixclerate agents are intelligent but NOT human. You acknowledge:
Capabilities:
Limitations:
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.
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.
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).
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.
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.
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.
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).
Any feedback, suggestions, or ideas you provide regarding Aixclerate services may be used by us freely, without compensation to you or obligation to implement.
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).
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.
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.
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.
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.
Aixclerate uses subprocessors for: Voice synthesis/recognition (ElevenLabs), SMS/WhatsApp APIs (Twilio), cloud hosting (AWS), payment processing (Stripe, RazorPay), analytics (Google).
Full subprocessor list available at aixclerate.com/subprocessors. You consent to these subprocessors by using the Service.
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.
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.
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.
You agree NOT to:
Enforcement: Violations result in immediate suspension/termination without refund.
Aixclerate integrates with third-party services: WhatsApp Business API (Meta), Twilio (SMS, voice), ElevenLabs (voice synthesis), Salesforce, Zoho, HubSpot (CRM), Google, OpenAI, Anthropic (AI models), AWS, Google Cloud (infrastructure).
Each integration has its own terms, privacy policies, and SLAs.
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.
You agree NOT to use Aixclerate services to:
Enforcement: We reserve the right to suspend or terminate your account immediately if you violate this Acceptable Use Policy.
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.
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).
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).
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).
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.
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.
These Terms are governed by Indian law and subject to courts in Mumbai.
Before litigation: Send written notice of dispute to support@aixclerate.com, attempt good-faith negotiation (30 days), if unresolved, escalate to management.
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.
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.
If any provision is unenforceable, that provision is severed but remaining terms continue in effect.
Neither party is liable for events beyond reasonable control: Natural disasters, wars, terrorism, civil unrest, pandemics, government actions, extreme weather.
To Aixclerate: support@aixclerate.com
To
You: Email to billing or registered email address
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:
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.
By using Aixclerate services, you acknowledge:
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
