Terms and Conditions

Zobay.ai provides enterprise-ready AI voice agents for automated inbound and outbound phone calls. Our Services assist businesses in lead qualification, customer interactions, appointment scheduling, follow-ups, and other conversational tasks. The Services include but are not limited to: AI-powered voice calling, call script management, lead management, campaign management, real-time analytics, and integration with third-party platforms.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

By using our Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract. If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these terms.

You must provide accurate, current, and complete information during the registration process and keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

We reserve the right to refuse service, terminate accounts, or cancel subscriptions at our sole discretion if we believe that you have violated these terms or engaged in fraudulent, abusive, or illegal activity.

To the maximum extent permitted by applicable law, Zobay.ai Private Limited and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services;
• Any conduct or content of any third party on the Services;
• Any content obtained from the Services; and
• Unauthorized access, use, or alteration of your transmissions or content.

In no event shall our total liability to you for all claims exceed the amount you have paid to us for the Services during the twelve (12) months immediately preceding the event giving rise to the liability, or one thousand Indian Rupees (INR 1,000), whichever is greater.

All prices for our Services are displayed on our Website and are subject to change without notice. Prices are quoted in Indian Rupees (INR) unless otherwise specified. You are responsible for paying all fees and applicable taxes associated with your use of the Services.

Subscription plans are billed on a recurring basis according to the billing cycle selected at the time of purchase. By providing a payment method, you authorize us to charge the applicable fees to that payment method.

We reserve the right to modify pricing, features, and availability of any plan at any time. Any changes to pricing will take effect at the start of your next billing cycle. We will provide reasonable notice of any material changes to pricing.

You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation will take effect at the end of your current billing cycle. You will continue to have access to the Services until the end of that billing cycle.

We do not provide refunds for partial billing periods or unused portions of your subscription, except where required by applicable law. If you cancel during a free trial period, you will not be charged.

We reserve the right to suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are solely responsible for all content, data, and information that you upload, transmit, or store using the Services ("User Content").

You represent and warrant that:

• You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your User Content;
• Your User Content does not violate any applicable law or regulation;
• Your User Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party;
• You have obtained all necessary consents from individuals whose personal data is included in your User Content, including consent to be contacted via automated calls.

You agree not to use the Services to:

• Violate any applicable local, state, national, or international law or regulation;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Engage in any activity that interferes with or disrupts the Services;
• Attempt to gain unauthorized access to any portion of the Services;
• Use the Services to send unsolicited communications, spam, or harassing messages;
• Use the Services for any fraudulent or illegal purpose.

We take fraudulent activity very seriously. Any attempt to use the Services for fraudulent purposes, including but not limited to payment fraud, identity theft, or unauthorized access to accounts, will result in immediate termination of your account and may be reported to law enforcement authorities.

We reserve the right to investigate any suspected fraudulent activity and to cooperate with law enforcement agencies in the investigation and prosecution of such activity. You agree to cooperate fully with any such investigation.

If you believe that your account has been compromised or that fraudulent activity has occurred, you must notify us immediately at care@zobay.ai.

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Bangalore, India, in accordance with the Arbitration and Conciliation Act, 1996.

The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement of the parties. The language of the arbitration shall be English. The award of the arbitrator shall be final and binding on the parties.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information pending the appointment of the arbitrator or pending the arbitrator's determination.

You agree to submit to the personal jurisdiction of the courts located in Bangalore, Karnataka, India for any actions not subject to arbitration as described above.

The Services and all content, features, and functionality thereof, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof, are owned by Zobay.ai Private Limited, its licensors, or other providers and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in the Services or our intellectual property. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as necessary for your personal, non-commercial use of the Services.

You retain ownership of your User Content. By uploading User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and our business operations.

The Services may integrate with or contain links to third-party websites, services, or resources. We are not responsible for the availability, accuracy, or content of such third-party services. Your use of third-party services is subject to the terms and conditions and privacy policies of those third parties.

We may use third-party service providers to facilitate the provision of the Services, including but not limited to cloud hosting providers, payment processors, and communication services. These providers may have access to your personal data only to the extent necessary to perform their functions and are obligated to maintain the confidentiality and security of such data.

You agree to indemnify, defend, and hold harmless Zobay.ai Private Limited and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your User Content;
• Your use of the Services; or
• Your violation of any rights of another party.

These Terms constitute the entire agreement between you and Zobay.ai Private Limited regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.

We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer these Terms or your rights under these Terms without our prior written consent.

Any notices or other communications permitted or required under these Terms shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or sent by certified or registered mail, postage prepaid, return receipt requested.

For any questions or concerns regarding these Terms and Conditions, please contact us at: care@zobay.ai