Novolytics.ai – Terms of Service

    Last updated: December 2024

    These Terms of Service ("Terms") govern your access to and use of the Novolytics.ai platform, website, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy.

    If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

    You must be at least 18 years of age and legally competent to enter into these Terms.

    1. Description of Services

    Novolytics provides AI-powered voice agent and conversational automation solutions for businesses, including:

    • Automated voice calling and response systems
    • Lead qualification and customer engagement
    • Multi-language conversation support
    • CRM and WhatsApp integrations
    • Call recording, analytics, and reporting
    • Live call transfer capabilities

    Features and functionality may vary by subscription plan and may be modified or updated from time to time.

    2. Account Registration

    To access certain features, you must create an account. You agree to:

    • Provide accurate, current, and complete information
    • Maintain and promptly update account information
    • Keep login credentials and API keys confidential
    • Accept responsibility for all activities under your account

    You are responsible for all actions taken by your authorized users, agents, contractors, and API credentials.

    We may suspend or terminate accounts that violate these Terms or remain inactive for extended periods.

    3. Acceptable Use Policy

    You agree not to use the Services to:

    • Violate any applicable laws, regulations, or third-party rights
    • Make calls to numbers registered under Do Not Disturb (DND) without valid consent
    • Engage in harassment, fraud, deception, or misrepresentation
    • Transmit spam, phishing, or malicious content
    • Impersonate any person or entity
    • Interfere with or disrupt the Services or infrastructure
    • Attempt unauthorized access to systems or data
    • Engage in illegal or abusive debt collection practices
    • Record calls without lawful consent
    • Resell or redistribute the Services without authorization
    • Conduct political campaigning, voter profiling, or election-related communications unless explicitly authorized and legally compliant

    4. Compliance Requirements

    You are solely responsible for ensuring that your use of the Services complies with all applicable laws and regulations, including but not limited to:

    • Telecom Regulatory Authority of India (TRAI) regulations
    • Reserve Bank of India (RBI) guidelines
    • Digital Personal Data Protection Act, 2023 ("DPDP Act")
    • Industry-specific regulations (e.g., IRDAI, SEBI)
    • Consent and notice requirements for call recording and data processing

    Novolytics provides tools to assist with compliance; however, compliance responsibility remains entirely with you.

    5. Fees and Payment

    Access to the Services may require payment as specified in the applicable subscription plan or order form.

    • Fees are billed in advance (monthly or annually)
    • Usage-based charges are billed in arrears
    • Fees are non-refundable except as required by applicable law
    • Pricing may change with at least 30 days' notice
    • Failure to pay may result in suspension or termination

    All fees are exclusive of applicable taxes (including GST), which will be added to invoices. Fees are payable in the currency specified in the applicable order form.

    6. Intellectual Property

    6.1 Novolytics Intellectual Property

    The Services, including software, algorithms, AI models, designs, trademarks, and documentation, are owned by Novolytics and protected by intellectual property laws.

    You may not copy, modify, distribute, or reverse engineer the Services.

    Novolytics retains all rights to aggregated and anonymized data, metadata, system performance metrics, and model improvements derived from use of the Services, provided such data does not identify you or any individual.

    6.2 Your Content

    You retain ownership of data and content you upload. You grant Novolytics a limited license to use such content solely to provide the Services.

    You represent that you have all necessary rights and permissions to provide such content.

    Novolytics may remove or restrict access to content that violates applicable law or these Terms.

    7. Data Processing and Protection (DPDP Act, 2023)

    7.1 Roles

    • You act as the Data Fiduciary
    • Novolytics acts as the Data Processor
    • Individuals whose data is processed are Data Principals

    7.2 Scope of Processing

    Novolytics shall process Personal Data solely to provide the Services and only on your documented instructions.

    7.3 Customer Obligations

    You represent and warrant that:

    • You have a lawful basis and valid consent where required
    • Required privacy notices have been provided
    • Personal Data shared is accurate, lawful, and limited to necessity

    7.4 Novolytics Obligations

    Novolytics shall:

    • Process Personal Data only as instructed
    • Ensure confidentiality obligations for personnel
    • Implement reasonable technical and organizational safeguards
    • Not use Personal Data for independent purposes

    7.5 Security Measures

    Safeguards include:

    • Role-based access controls
    • Logical data segregation
    • Encryption in transit where applicable
    • Monitoring and incident logging

    7.6 Personal Data Breach Notification

    In the event of a Personal Data Breach, Novolytics shall:

    • Notify you without undue delay after becoming aware
    • Provide reasonable details regarding the breach
    • Cooperate in regulatory and Data Principal notifications

    7.7 Sub-Processors

    You authorize Novolytics to engage sub-processors (including cloud and telecom providers). Novolytics remains responsible for their compliance. A list of sub-processors will be provided upon request.

    7.8 Cross-Border Transfers

    Where Personal Data is transferred outside India, Novolytics shall ensure compliance with DPDP Act requirements and equivalent safeguards.

    7.9 Data Principal Requests

    Novolytics shall reasonably assist you in responding to access, correction, erasure, or consent withdrawal requests as required by law.

    7.10 Data Retention and Deletion

    Personal Data is retained only as necessary to provide the Services or as required by law.

    Upon termination:

    • You may request data export or deletion within 30 days
    • Backup copies may persist for limited periods per internal retention policies

    7.11 Audits

    Upon reasonable notice, and no more than once annually, you may audit Novolytics' compliance with this section, provided such audit does not unreasonably disrupt operations. Third-party certifications may be provided where available.

    8. Service Availability and Support

    Novolytics strives to maintain high availability and targets 99.5% monthly service availability, excluding scheduled maintenance and force majeure events.

    Support is provided according to your subscription plan. Scheduled maintenance will be communicated in advance where feasible.

    9. Disclaimers

    THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NOVOLYTICS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    AI-generated outputs may not be accurate and should be independently verified.

    Novolytics is not responsible for failures or delays caused by telecommunications providers, internet service providers, or third-party platforms.

    10. Limitation of Liability

    To the maximum extent permitted by law, Novolytics shall not be liable for indirect, incidental, consequential, special, or punitive damages.

    Novolytics' total liability shall not exceed the fees paid by you in the twelve (12) months preceding the claim.

    11. Indemnification

    You agree to indemnify and hold harmless Novolytics from claims arising from your use of the Services, your data, or your legal non-compliance.

    Novolytics shall indemnify you against third-party claims alleging that the Services infringe intellectual property rights, excluding claims arising from your data, misuse, or unauthorized combinations.

    12. Term and Termination

    These Terms remain in effect until terminated. You may terminate at any time. Novolytics may suspend or terminate access for violation of these Terms or with notice.

    Upon termination, access ceases immediately, subject to data retention obligations under Section 7.

    13. Modifications to Terms

    We may modify these Terms from time to time. Material changes will be notified via email or the Services. Continued use constitutes acceptance.

    14. Governing Law and Dispute Resolution

    These Terms are governed by the laws of India. Courts in Pune, Maharashtra shall have exclusive jurisdiction.

    The parties agree to attempt good-faith resolution before initiating legal proceedings.

    15. General Provisions

    • Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement
    • Severability: Invalid provisions do not affect the remainder
    • Waiver: Failure to enforce does not waive rights
    • Assignment: You may not assign without consent; Novolytics may assign freely
    • Force Majeure: Neither party is liable for events beyond reasonable control