These Terms of Service (“Terms”) constitute a legally binding agreement between you and Emaavy, Inc. governing your access to and use of the Emaavy platform and services. Please read these Terms carefully before using our Services.
⚠ Important
These Terms contain a binding arbitration clause and class action waiver in Section 17. By using the Services, you agree to resolve disputes through individual arbitration rather than court proceedings or class actions, except as provided herein.
By accessing or using the Emaavy platform, creating an account, clicking “I agree” or a similar button, or otherwise manifesting assent to these Terms, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” refers to that entity.
If you do not accept these Terms in their entirety, you are not authorised to access or use the Services.
To access the Services, you must create an account using accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
You must promptly notify Emaavy at [email protected] of any actual or suspected unauthorized access to your account. We recommend enabling multi-factor authentication (MFA), which is available on all plans. Emaavy will not be liable for any loss or damage arising from unauthorized access resulting from your failure to protect your credentials.
The Services are intended for business use by individuals who are at least 18 years of age and are authorized to enter into contracts on behalf of a business entity. The Services are not intended for personal, family, or household use.
Subject to these Terms and payment of applicable fees, Emaavy grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your Subscription period for your internal business purposes.
The Services include access to AI agent deployment tools, workflow automation, third-party integrations, call analytics, and related platform features as described in your selected Subscription plan and the Documentation.
Emaavy reserves the right to modify, update, or discontinue any feature of the Services with reasonable prior notice. Material reductions in functionality will be communicated at least 30 days in advance via email.
You agree not to use the Services to:
Emaavy reserves the right to suspend or terminate your account immediately upon discovery of any prohibited use without prior notice or refund.
Customer Responsibility
Regulatory compliance for AI voice calling is entirely your responsibility. Emaavy provides the technology infrastructure; the legal obligations of your calling campaigns rest with you.
You are solely responsible for obtaining all necessary consents from End Users before initiating AI-powered calls. This includes, without limitation, prior express written consent under TCPA (where applicable), consent under two-party or all-party recording laws, and disclosure that the caller is an automated AI system where required by law.
You must maintain and honour Do-Not-Call (DNC) lists in compliance with the National DNC Registry, the TRAI DND framework, and any sector-specific calling regulations. Emaavy provides DNC list integration tools; using them is your responsibility.
You must comply with all applicable calling hour restrictions for the jurisdictions in which you operate. In India, outbound commercial calls are generally permitted only between 9:00 AM and 9:00 PM (recipient's local time) unless the recipient has consented to calls outside these hours.
You agree to fully indemnify and hold Emaavy harmless from any claims, fines, penalties, or damages arising from your failure to comply with applicable voice calling regulations. This indemnification obligation survives termination of these Terms.
As between you and Emaavy, you retain all ownership rights in your Customer Data. You grant Emaavy a limited, non-exclusive license to process Customer Data solely to provide and improve the Services as described in these Terms and our Privacy Policy.
Emaavy processes Customer Data as a data processor acting on your instructions. For customers subject to GDPR, we will execute a Data Processing Agreement (DPA) upon request. Contact [email protected] to request a DPA.
Emaavy may use anonymised, aggregated data derived from your use of the Services to improve platform performance, develop new features, and generate industry benchmarks. Such aggregated data will not identify you or your End Users.
You may export your Customer Data at any time through the platform's export tools. Upon account termination, you may request deletion of your Customer Data within 30 days of termination. Emaavy will delete or anonymise Customer Data within 30 days of such request, except where retention is required by law.
The Services, including all software, algorithms, models, interfaces, documentation, trademarks, logos, and all derivative works, are owned by Emaavy and protected by intellectual property laws. Nothing in these Terms transfers ownership of Emaavy's intellectual property to you.
If you provide feedback, suggestions, or ideas regarding the Services, you grant Emaavy a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into the Services without any obligation or compensation to you.
You retain all intellectual property rights in content you create using the Services, including agent scripts, workflow configurations, and call templates, subject to the license granted in Section 7.
You agree to pay all fees associated with your selected Subscription plan as described on our Pricing page. Fees are exclusive of taxes. You are responsible for all applicable taxes, levies, or duties imposed by any taxing authority.
Monthly plans are billed on the same date each month. Annual plans are billed upfront for the full year. Usage-based charges (e.g., overage calls) are billed at the end of each billing cycle.
Unpaid invoices may result in suspension of your account after 7 days written notice. Accounts suspended for non-payment may be subject to a reactivation fee. Emaavy reserves the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
Subscription fees are non-refundable except as expressly required by applicable law or as described in our refund policy. If you believe you have been charged in error, you must notify us within 60 days of the charge.
Emaavy targets the following uptime commitments for the core platform (excluding planned maintenance, force majeure events, and issues caused by third-party providers):
| Plan | Uptime Target | Support SLA | Remedy |
|---|---|---|---|
| Starter | 99.5% | 48h response | Service credit |
| Growth | 99.9% | 4h response | Service credit |
| Enterprise | 99.99% | 1h response | SLA credit + penalties |
Service credits are your sole remedy for uptime failures. Credits will be applied to your next invoice and do not entitle you to a cash refund. Credits are forfeited upon account termination.
Each party agrees to keep confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential (“Confidential Information”).
Neither party will disclose Confidential Information to third parties without the disclosing party's prior written consent, except to employees and contractors who have a need to know and are bound by confidentiality obligations at least as protective as these Terms.
Confidentiality obligations do not apply to information that: (a) becomes publicly known through no breach of these Terms; (b) was known prior to disclosure; (c) is independently developed without reference to Confidential Information; or (d) must be disclosed pursuant to law or court order, provided that the receiving party gives the disclosing party prompt written notice where legally permissible.
Emaavy warrants that the Services will perform materially in accordance with the Documentation during the Subscription period. Your sole remedy for breach of this warranty is for Emaavy to use commercially reasonable efforts to correct the non-conformance, or at our election, to refund fees paid for the affected period.
Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EMAAVY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. AI AGENT OUTPUTS ARE GENERATED BY MACHINE LEARNING MODELS AND MAY BE INACCURATE. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VALIDATING AI AGENT OUTPUTS BEFORE RELYING ON THEM.
Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EMAAVY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Exclusion of Consequential Damages
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
Note: Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such jurisdictions, the above limitations will apply to the fullest extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless Emaavy and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
You may cancel your Subscription at any time from your account settings. Cancellation takes effect at the end of your current billing cycle. You will retain access to the Services until that date. No partial refunds are provided for unused time, except as required by law.
Emaavy may suspend or terminate your access to the Services: (a) immediately upon material breach of these Terms, including prohibited use violations; (b) for non-payment after 7 days written notice; (c) if required by law or legal process; or (d) upon 30 days written notice for any or no reason.
Upon termination, your right to use the Services immediately ceases. You may request an export of your Customer Data within 30 days of termination. After 30 days, Emaavy may delete your data in accordance with our data retention policies. Sections 7.4, 8, 11, 12, 13, 14, 16, 17, and 18 survive termination.
These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
For customers located in the European Union, applicable mandatory consumer protection laws of your country of residence may also apply and cannot be waived by these Terms.
Before initiating formal proceedings, the parties agree to attempt to resolve any dispute informally. Either party must send written notice to the other describing the dispute. The parties will have 30 days from receipt of notice to resolve the dispute through good-faith negotiation.
If informal resolution fails, all disputes, claims, or controversies arising out of or relating to these Terms or the Services will be resolved through binding individual arbitration administered by the Indian Council of Arbitration (ICA) under its applicable rules. The arbitration will be conducted in Bangalore, India in the English language. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND EMAAVY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS ACTION.
Nothing in this Section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or to protect confidential information.
Entire Agreement
These Terms, together with the Privacy Policy, any Order Forms, and any Data Processing Agreement, constitute the entire agreement between you and Emaavy regarding the Services and supersede all prior negotiations, representations, or agreements.
Severability
If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
Waiver
Failure by either party to enforce any provision of these Terms will not constitute a waiver of that party's rights to enforce the same or any other provision in the future.
Assignment
You may not assign or transfer any rights or obligations under these Terms without Emaavy's prior written consent. Emaavy may assign these Terms in connection with a merger, acquisition, or sale of assets. Any purported assignment in violation of this provision is void.
Force Majeure
Neither party will be liable for failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, governmental action, or internet outages, provided the affected party gives prompt notice.
Notices
Legal notices must be sent by email with confirmation of receipt to [email protected] (for notices to Emaavy) or to the email address associated with your account (for notices to you).
Independent Contractors
The parties are independent contractors. Nothing in these Terms creates a partnership, franchise, joint venture, agency, or employment relationship between the parties.
For legal inquiries, contract questions, or notices under these Terms, please contact:
Address
Oakhla Industrial Area, Phase 2, A Block, Plot No. 78, 3rd Floor, New Delhi – 110020, India
