Terms of Service

1. The Service

Talkr lets Customers design conversational voice workflows and deploy them as AI agents that place and receive phone calls (via connected telephony providers) or handle real-time browser-based (WebRTC) conversations. The Service is invite-only: access requires an accepted invitation from Talkr or from an existing member of your organization.

2. Accounts and Access

• You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activity that occurs under your account.
• Organization administrators are responsible for the users they invite and the permissions they grant within their organization.
• You must provide accurate information when requesting access to, or registering for, the Service.

3. Acceptable Use

You agree not to use the Service to:

• Place calls in violation of applicable telemarketing, robocalling, or do-not-call laws (including, in the United States, the TCPA and related FCC and FTC rules), or the equivalent laws of any jurisdiction in which you operate;
• Record calls, or otherwise process the personal data of call participants, without the consent required by the laws applicable to those calls (see Section 4 below);
• Harass, defraud, impersonate, or deceive any person, or engage in phishing or social-engineering campaigns;
• Transmit unlawful, defamatory, or infringing content, or violate the intellectual property or privacy rights of any third party;
• Attempt to circumvent rate limits, concurrency limits, or other technical controls, or interfere with the integrity or performance of the Service;
• Reverse-engineer, resell, or white-label the Service except as expressly permitted in a separate written agreement with us.

4. Call Recording and Consent

The Service records call audio by default as part of providing the Service (for transcription, quality review, and workflow execution). Talkr provides a configurable spoken consent disclosure that, by default, plays at the start of every call before your agent's greeting. You, as the Customer, are solely responsible for configuring this feature appropriately, and for otherwise complying with all call-recording, wiretapping, and consent laws applicable to the calls you make or receive through the Service — including two-party/all-party consent requirements in jurisdictions that impose them. Disabling or modifying the disclosure does not relieve you of this responsibility.

5. Fees and Payment

• The Service is billed on a prepaid credit basis via our payment processor (Razorpay), unless otherwise agreed in writing. You authorize us to charge your chosen payment method for credit purchases you initiate.
• Credits are consumed based on usage (e.g., call minutes, model/API usage) at rates published in-product at the time of use. Rates may change prospectively; changes will not retroactively affect credits already purchased.
• Except where required by applicable law, credit purchases are non-refundable.
• If you connect your own third-party accounts (e.g., your own model, speech, or telephony provider credentials — "BYOK"), you are responsible for all fees charged by those third parties independently of Talkr.

6. Customer Data and Content

"Customer Data" means the workflows, prompts, call recordings, transcripts, and other content you or your organization submit to or generate through the Service. As between you and us, you retain all rights to Customer Data. You grant us a limited license to host, process, and transmit Customer Data solely to provide, maintain, and improve the Service. See our Privacy Policy for how we handle personal data.

7. Third-Party Services

The Service integrates with third-party telephony carriers, model/speech providers, and business connectors that you may configure. Your use of those third-party services is governed by their own terms, and we are not responsible for their acts, omissions, availability, or pricing.

8. Intellectual Property

We and our licensors retain all right, title, and interest in and to the Service, including its software, design, and underlying technology. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

9. Service Availability

We aim to keep the Service available and reliable, but we do not, at this time, offer a contractual uptime guarantee or service-level agreement unless one is agreed separately in writing. The Service may be temporarily unavailable for maintenance, updates, or reasons outside our control.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AI-GENERATED SPEECH AND CONVERSATIONAL OUTPUTS MAY CONTAIN ERRORS; YOU ARE RESPONSIBLE FOR REVIEWING WORKFLOWS AND OUTPUTS FOR SUITABILITY BEFORE PRODUCTION USE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL INTELSTACKS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold IntelStacks harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Service in violation of these Terms or applicable law, including any claim relating to call-recording consent under Section 4.

13. Termination

Either party may terminate this agreement at any time. We may suspend or terminate access to the Service if you materially breach these Terms, including the Acceptable Use provisions in Section 3. Upon termination, your right to use the Service ends immediately; certain data-handling obligations (e.g., under our Privacy Policy) survive termination.

14. Governing Law

These Terms are governed by the laws of India, without regard to conflict-of- law principles. Any dispute arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts located in India.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (e.g., in-product notice or email) before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

16. Contact

Questions about these Terms can be sent to legal@intelstacks.com.