Terms of service

1. Agreement and eligibility

These Terms of Service (“Terms”) are an agreement between Xpykerz (“Xpykerz,” “we,” “us,” or “our”) and the person or organization using teleCaller (“Customer” or “you”). By creating an account, accessing the service, or allowing a user to access it, you agree to these Terms, the Acceptable Use and Calling Consent Policy, the Privacy Policy, and the Call Recording and Data Retention Policy.

You must be at least 18 years old and able to enter a binding agreement. If you use teleCaller for an organization, you represent that you have authority to bind it.

2. The service

teleCaller provides an authenticated workspace for configuring AI voice agents, organizing caller lists, creating outbound call assignments, and reviewing call-session status and available recordings. Features may change, be limited, or be unavailable because of telephony networks, AI services, customer configuration, provider availability, or legal restrictions.

teleCaller is not an emergency communications service, a legal-compliance service, or a substitute for professional legal advice. It does not automatically establish consent, screen every number against preference or do-not-call registries, determine lawful calling times, or decide whether a call or recording is permitted.

3. Accounts and access

You must provide accurate account information, keep credentials confidential, use reasonable security controls, and promptly notify us of suspected unauthorized access. You are responsible for activity performed through your account and for assigning the least permissions necessary to each authorized user.

We may limit, suspend, or terminate access when reasonably necessary to secure the service, respond to legal requirements, prevent harm, address non-payment under an applicable order, or investigate a suspected breach of these Terms.

4. Customer data and instructions

As between you and Xpykerz, you retain rights in the contact records, prompts, and other content you submit. You grant Xpykerz and its service providers a limited right to host, copy, transmit, process, and display that content only as needed to provide, secure, support, and improve the service or comply with law.

You represent that you have all rights, notices, permissions, registrations, and lawful bases needed to:

• collect, upload, and use each contact record and custom field;
• place each call using automated dialing and an AI-generated voice;
• provide the selected agent prompt and requested message;
• process live call audio and record the conversation; and
• give Xpykerz and its providers the processing instructions described above.

You must honor revocations, objections, and do-not-call requests without delay. More specific rules appear in the calling-consent policy.

5. AI and telephony limitations

AI-generated speech can be inaccurate, incomplete, unexpected, or misunderstood. Calls can fail, be delayed, reach the wrong person, or be affected by network and provider behavior. You are responsible for testing prompts, using appropriate human review, monitoring outcomes, and ensuring that an agent does not make commitments or collect information it is not authorized to handle.

Do not use teleCaller for emergency dispatch, time-critical safety notices, or decisions that create legal or similarly significant effects without independent review and an appropriate lawful process.

6. Acceptable use

You must comply with the Acceptable Use and Calling Consent Policy and all laws, carrier rules, industry codes, sanctions, and contractual obligations that apply to your calls, content, data, and recipients. You may not use teleCaller to deceive, defraud, impersonate, harass, discriminate unlawfully, compromise security, or evade caller-identification, consent, suppression, or recording requirements.

7. Third-party services

The service relies on providers for telephony, AI processing, hosting, analytics, email, and infrastructure. Their availability and technical limits can affect teleCaller. Your use of a separately acquired phone number, data source, integration, or third-party service remains subject to your agreement with that provider.

8. Fees and taxes

If you accept an order, plan, or other written pricing arrangement, you will pay the stated fees and applicable taxes according to that arrangement. Unless the arrangement says otherwise, usage-based charges may reflect provider and AI usage even when a call does not produce the result you expected. Any paid-order terms control if they conflict with this section.

9. Intellectual property and feedback

Xpykerz and its licensors own teleCaller, its software, design, documentation, and branding, excluding Customer data. We grant you a limited, non-exclusive, non-transferable right to use the service during the agreement for your internal lawful purposes. You may not copy, resell, reverse engineer, or bypass service controls except where applicable law does not allow that restriction.

If you provide feedback, you allow us to use it without restriction or payment, provided we do not identify you publicly without permission.

10. Confidentiality

Each party may receive non-public information that a reasonable person would understand to be confidential. The recipient will protect it with reasonable care and use it only for the agreement. This does not cover information that was already lawfully known, becomes public without breach, is independently developed, or is received lawfully without a confidentiality duty. A required legal disclosure is permitted after notice when legally allowed.

11. Suspension, termination, export, and deletion

You may stop using teleCaller at any time. Because self-service export and account deletion are not currently available, follow the account deletion and export process. Export or preserve needed information before deletion. Deletion can be delayed where retention is required for security, disputes, financial records, or law.

We may terminate an account for a material breach after reasonable notice when cure is possible, or immediately where continued access could cause legal, security, or safety harm. Sections that by their nature should survive termination—including payment obligations, intellectual property, disclaimers, liability limits, and dispute terms—will survive.

12. Disclaimers

To the maximum extent permitted by law, teleCaller is provided “as is” and “as available.” Xpykerz disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not warrant call completion, AI accuracy, recipient consent, regulatory compliance, or continuous availability of recordings.

Nothing in these Terms limits a warranty or consumer right that applicable law does not permit us to exclude.

13. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, or consequential damages, or for lost profits, revenue, goodwill, or data, arising from these Terms. Xpykerz’s aggregate liability arising from the service will not exceed the amount you paid for teleCaller during the twelve months before the event giving rise to the claim. If you paid nothing, the cap is INR 10,000.

These limits do not apply where liability cannot legally be limited, or to fraud, willful misconduct, infringement or misappropriation of the other party’s intellectual property, breach of confidentiality, or your violation of calling, consent, privacy, or acceptable-use obligations.

14. Indemnity

To the extent permitted by law, you will defend and indemnify Xpykerz against third-party claims, penalties, costs, and reasonable legal fees arising from your contact data, prompts, calls, recordings, failure to obtain required permission, or violation of the calling-consent policy or law. We will give reasonable notice and cooperation, and you may not settle a claim in a way that admits fault by or imposes obligations on Xpykerz without consent.

15. Governing law and disputes

These Terms are governed by the laws of India, without regard to conflict-of-law rules. Courts of competent jurisdiction in India will have jurisdiction, subject to any mandatory rights or forum that applicable law gives you. Before filing a claim, each party will try in good faith for 30 days to resolve it through written notice.

16. Changes and contact

We may update these Terms to reflect service, provider, legal, or security changes. Material changes will be posted with a new effective date and, when appropriate, communicated through the service. Continued use after the effective date constitutes acceptance where permitted by law.

Questions or legal notices may be sent to hello@xpykerz.com.