These Terms govern your use of the voice automation platform and related services provided by Kwinova Communicaiton Solutions (“Kwinova”, “we”, “our”, “us”) to you (“Customer”, “you”, “your”).
By creating an account, placing an order, or using the service in any way, you accept these Terms. If you are accepting on behalf of a company, you confirm you are authorised to bind it.
1. The service
Kwinova provides SIP connectivity and numbers, IVR and call-flow software, AI voice agents, a knowledge base, integration APIs and related tooling, delivered as a hosted service.
We may change, improve or discontinue features. Where a change materially reduces functionality you rely on, we will give reasonable notice and, where we can, a migration path. We will not remove a feature you are paying for without notice.
Nothing here transfers ownership of the software to you. You get a non-exclusive, non-transferable right to use it for the duration of your subscription.
2. Account, sign-up and eligibility
The service is provided to businesses and organisations, not to consumers for personal use.
You are responsible for the accuracy of the information you give us, for the security of your account credentials, and for everything done under your account — including by your staff and by anyone you grant access to.
We may decline a sign-up, or require verification, where the law, our carrier obligations or our own risk assessment call for it. Numbers and trunks cannot be provisioned without the verification our carriers require.
3. Plans, prepaid credit and pricing
Prepaid plans. You add credit and the service draws down against it. Credit does not expire 30 days. Credit is consumed in the order added.
Subscription plans. Billed for the period stated on your plan. Outbound usage beyond what your plan includes is billed at the applicable rates.
Prices and rates may change. We will give you 15 days before a change takes effect for an existing customer. Continuing to use the service after that period is acceptance of the new pricing.
Unless stated otherwise, prices exclude GST and other applicable taxes, which are added at the prevailing rate. Bank charges, foreign exchange costs and payment gateway fees are yours.
Quoted prices are valid for the period stated in the quotation, or 30 days where none is stated.
4. Payment
Invoices are payable in the currency stated on them, by the date stated on them.
Where an account falls overdue we may, having told you first, restrict or suspend the service until it is settled, decline to provision new numbers or capacity, and recover reasonable costs of collection. Suspension for non-payment does not end your obligation to pay for the period already used.
Payments are processed by third-party gateways. We do not store complete card details.
Refunds are governed by our Refund Policy, which forms part of these Terms.
5. Numbers, trunks and telecom compliance
This section matters more than any other. Read it.
Numbers. Numbers we provide are allocated under our carrier arrangements and remain subject to them. You do not own a number. Regulatory requirements can force a number to be reassigned or reclaimed, and we will pass on as much notice as we receive. Where porting is available it follows the applicable regulatory process.
Your own carrier. If you bring your own trunks, their terms are between you and that carrier, and you are responsible for their compliance.
Commercial communications. You are responsible for complying with all applicable telecom regulations for any calls you originate, including India’s regulations on unsolicited commercial communication. Where the rules require registration of an entity, headers, consent or templates on a distributed-ledger platform, that registration is yours to hold and to keep current.
Consent and preference scrubbing. You must have a lawful basis for calling every number you dial, and you must respect do-not-disturb and preference registers. Do not upload a purchased list. Do not dial numbers you have no relationship with.
Calling line identity. You must not spoof, mask or misrepresent the calling number, and you must not present a number you are not entitled to present.
Call recording. You decide whether to record. If you do, you are responsible for telling callers and obtaining consent where the law requires it. We give you the controls and the means to announce it; we cannot know what you have told your callers.
No emergency calling. The service must not be used to reach emergency services. It depends on internet connectivity, power and third-party carriers, and may be unavailable exactly when an emergency makes it unavailable. It does not reliably convey a caller’s location. Keep a separate means of contacting emergency services, and make sure the people relying on your lines know that.
If your use breaches these obligations and that leads to a penalty, a carrier action or a claim against us, you are responsible for it.
6. Acceptable use
You must not use the service to:
- Make unsolicited or unlawful calls, or calls to numbers on a preference register you have no lawful basis to dial
- Impersonate a person, a business or a government body, or run any deceptive or fraudulent scheme
- Harass, threaten, defraud or defame anyone
- Distribute malware, or attempt to breach the security of the platform or any other system
- Resell or provide the service to a third party without our written agreement
- Reverse engineer the platform, or probe, load-test or scan it without our permission
- Generate artificial traffic, inflate traffic volumes, or route calls in a way designed to exploit interconnect rates
- Break any law that applies to you or to the people you are calling
We may investigate suspected breaches and, where we must act quickly to protect the platform, our carriers or the public, suspend the offending traffic or the account. Where the situation allows it we will tell you first; where it does not, we will tell you as soon as we reasonably can, and we will restore the service once the cause is resolved.
7. Your content and your data
You own your data. Your call recordings, transcripts, knowledge base documents, contact lists, call flows and configuration remain yours. We process them to provide the service and on your instruction, as set out in our Privacy Policy.
You are responsible for having the right to upload what you upload, and for the lawfulness of the content you put into a call flow or a knowledge base.
We do not use your call data, transcripts or documents to train models — ours or anyone else’s.
On termination, you may export your data for 5 days after the account closes. After that we delete or irreversibly anonymise it within 30 days, except where law requires us to keep it. Export it before the window closes; we cannot recover data after deletion.
8. Availability and support
We aim for [uptime commitment] monthly availability of the platform, measured excluding scheduled maintenance we have given notice of, and excluding failures in your own network, your own carrier, or a third-party service you have connected.
Support is provided during the hours stated for your plan, with target response times of 10am-6pm. Targets are targets, not guarantees, unless your contract says otherwise.
Scheduled maintenance is announced in advance and kept to low-traffic windows where we can. Emergency maintenance may be immediate when security requires it.
Where a service credit scheme applies to your plan, service credits are your sole remedy for failing to meet the availability commitment.
9. Warranties, and what we do not warrant
We warrant that the service will perform materially as described in our documentation, and that we will provide it with reasonable skill and care.
We do not warrant that:
- The service will be uninterrupted or error-free
- An AI voice agent’s answers will be accurate, complete or suitable for any particular purpose. Speech recognition mishears. Language models can produce wrong answers. You are responsible for reviewing your flows, your knowledge base and where a call hands over to a person, and for any decision your business takes on the strength of an automated conversation
- Speech recognition or synthesis will perform equally across every accent, language or line condition
- Third-party carriers, model providers or integrations will be available
- The service meets a regulatory standard we have not expressly agreed in writing
Not for safety-critical use. The service is built for business communication. It must not be used where failure or a wrong answer could cause injury, loss of life or serious harm — emergency response, medical decision-making, or the control of critical infrastructure. If you serve a regulated sector, you are responsible for your own compliance, and for keeping a human in the loop wherever your regulator requires it.
Except as stated here, all other warranties, express or implied, are excluded to the extent the law allows.
10. Limitation of liability
To the maximum extent permitted by law:
- Neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill, business or anticipated savings
- Our total liability arising from or connected with the service is limited to [liability cap] — drafted as the fees you paid us in the twelve months before the claim
- We are not liable for loss arising from your breach of section 5 or 6, from content you supplied, from a third-party service you connected, or from a failure in your own network or carrier
Nothing limits liability that cannot be limited by law, including for fraud.
You will indemnify us against claims, penalties and reasonable costs arising from your use of the service in breach of these Terms — in particular, claims arising from calls you originated, content you uploaded, or consent you did not obtain.
11. Intellectual property
The platform, its software, documentation, interfaces and branding are ours and remain ours. These Terms grant you the right to use them, nothing more.
Where third-party or open-source components are included, their own licences apply.
Feedback you give us about the product may be used freely, without obligation to you. That covers suggestions only — never your data.
We may name you as a customer and use your logo only with your written permission.
12. Confidentiality
Each party will protect the other’s confidential information with at least reasonable care, use it only to perform these Terms, and disclose it only to people who need it and are bound to keep it confidential.
This does not cover information that is public through no fault of the receiving party, was already known, or was independently developed. Disclosure required by law is permitted, with notice to the other party where that notice is lawful.
13. Term, suspension and termination
These Terms run for as long as you have an account.
You may terminate at the end of your current billing period by giving [notice period for termination]. Prepaid credit is dealt with under the Refund Policy.
We may terminate for material breach you have not fixed within 30 days of written notice; immediately for a breach of section 5 or 6 that exposes us, our carriers or the public to harm; or for non-payment that stays unresolved after notice.
Either party may terminate immediately if the other becomes insolvent or enters liquidation.
On termination, access ends, outstanding invoices become due, numbers are released, and the data provisions in section 7 apply.
14. Force majeure
Neither party is liable for a delay or failure caused by events beyond reasonable control — including natural disaster, fire, flood, war, terrorism, civil unrest, epidemic, government or regulatory action, strike, carrier or interconnect failure, failure of a third-party cloud or model provider, large-scale internet disruption, or power failure.
The affected party will tell the other promptly and resume as soon as it reasonably can. This does not excuse payment for service already provided.
15. Changes to these Terms
We may update these Terms. The current version is always on this page. Where a change materially affects your rights or obligations we will give reasonable notice before it takes effect. Continuing to use the service after that is acceptance.
16. General
- These Terms, together with the Privacy Policy, the Refund Policy and any order form or signed agreement, are the whole agreement between us on this subject. Where a signed agreement conflicts with these Terms, the signed agreement governs.
- No change or waiver is valid unless we agree to it in writing. Not enforcing a right does not waive it.
- If any provision is held invalid, the rest stands.
- You may not assign these Terms without our written consent. We may assign them to a successor to our business.
- Notices to you go to the email on your account; notices to us go to info@kwinova.com and, where formal, to our registered address.
- Nothing here creates a partnership, agency or employment relationship.
17. Governing law and jurisdiction
These Terms are governed by the laws of India. The courts at Vellore, Tamil Nadu, India have exclusive jurisdiction over any dispute arising from them.
Before starting proceedings, each party will try in good faith to resolve the dispute through discussion between people with authority to settle it.
Contact
Kwinova — [registered entity name] [registered address] CIN [CIN] · GSTIN [GSTIN] info@kwinova.com · +91 416 290 6233