Terms of Service
Effective date:
Terms of Service
Effective Date: 23 June 2026
These Platform Terms of Service ("Platform Terms") govern access to and use of the Yandle voice agent platform, APIs, and related services (the "Platform") for customers located in India and globally.
1. Accounts and Access
1.1 Registration. You must create an account and keep credentials confidential.
1.2 Eligibility. You represent that you are a business user acting for commercial or business purposes; 18+ or duly authorized under the Indian Contract Act, 1872.
1.3 Authorized Users. You are responsible for users under your account.
2. Definitions
Customer Data: data you submit to the Platform (e.g., contact lists, call scripts, CRMs, customer phone numbers).
Outputs: transcripts, analytics, recordings, models, and agent configurations produced by the Platform.
Sub‑processors: third parties Yandle engages to deliver the Platform.
3. Rights; Ownership; Improvements
3.1 Your Materials. You own Customer Data and Outputs (subject to third‑party rights and these Platform Terms).
3.2 Our IP. We own the Platform and all underlying models, software, and know‑how.
3.3 Model improvement. By default, we may use de‑identified and aggregated telemetry to improve performance and safety. Enterprise No‑Train Addendum is available on request to disable model improvement use beyond providing the services.
4. License and Restrictions
4.1 License. During your subscription, Yandle grants a non‑exclusive, non‑transferable, revocable right to access and use the Platform for your internal business purposes, in accordance with these Platform Terms and the Acceptable Use Policy (AUP) below.
4.2 Restrictions. You will not: reverse‑engineer; circumvent technical limits; benchmark for publication without consent; mine or re‑identify de‑identified data; or use the Platform to build a competing product.
5. Plans, Fees, Taxes, Suspension
5.1 Fees. Pay fees per order form or online plan. Unless stated otherwise, fees are exclusive of GST (Goods and Services Tax), other applicable Indian taxes, carrier rates, and overages (minutes, messages, storage).
5.2 Invoicing. Charges may be pre‑authorized to your payment method; disputed amounts must be raised within 15 days.
5.3 Suspension. We may suspend for non‑payment, material AUP breach, security risk, or legal compliance.
6. Telemarketing and Calling Compliance (India)
6.1 Your obligations. You must comply with all calling, recording, consumer‑protection, and marketing laws of India, including the Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR) issued by the Telecom Regulatory Authority of India (TRAI), and any National Customer Preference Register (NCPR) / Do‑Not‑Call (DND) rules and approvals. You must obtain prior explicit consent where required, honor opt‑outs immediately, present valid caller ID, respect time‑of‑day limits (e.g., no promotional calls before 9:00 AM or after 9:00 PM), and maintain required records.
6.2 Product controls. You will use NCPR/DND scrubbing, suppression lists, and opt‑out mechanisms provided or required by the Platform and will not circumvent them.
6.3 Not a telecom carrier. Yandle is not a regulated telecom carrier or internet service provider; numbering, routing, and termination depend on third‑party telecom operators in India (e.g., Jio, Airtel, Vi) and cloud telephony providers.
7. Data Protection (DPDPA 2023)
7.1 Roles. Unless otherwise agreed in a signed DPA, for Customer Data we act as a Data Processor and you act as a Data Fiduciary under the Digital Personal Data Protection Act, 2023 (DPDPA) of India.
7.2 DPA. The Data Processing Addendum is incorporated by reference.
7.3 Consent. You warrant having a valid lawful basis and obtaining explicit, unambiguous, and revocable consent from Data Principals (your customers) for processing their personal data (including voice recordings, transcripts, and phone numbers) through the Platform.
7.4 Data Localization. Primary processing and storage of Customer Data occur on secure cloud servers located within India, in compliance with Indian data localization requirements where applicable.
7.5 Security and Breaches. We maintain appropriate technical and organizational measures. We will notify you and the Data Protection Board of India (DPBI) (or other relevant authorities like CERT-In) of any personal data breach as required by applicable Indian laws.
7.6 Data Retention. Active data is retained during the service term. Post-termination: 30-day retrieval period, then deletion. Call recordings: 90 days default (configurable). Logs: 13 months. Legal holds as required.
8. Security and Confidentiality
We maintain industry‑standard technical and organizational measures. Both parties will protect each other’s Confidential Information and use it only for the agreed purpose.
9. Service Levels and Changes
9.1 Uptime. Target 99.9% monthly uptime. Credits apply per the SLA if we miss targets.
9.2 Changes. We may update features, safety systems, and providers; we will give 30 days’ notice for deprecations that materially reduce core functionality, where practicable.
10. Indemnities
10.1 By you. You will defend and indemnify Yandle against third‑party claims arising from Customer Data, your Outputs, your calling activities, or your breach of the AUP or laws.
10.2 By us. We will defend and indemnify you against claims that the Platform (as provided by us) infringes IP, excluding claims based on your content, combinations not supplied by us, or use after we notify a workaround.
11. Disclaimers
AI is probabilistic. Outputs may be incomplete, out‑of‑date, or inaccurate. You remain responsible for human review and for decisions made using Outputs.
12. Liability Cap
Except for your payment obligations, IP infringement indemnity, and breach of Section 7 (Data Protection): each party’s aggregate liability in any 12‑month period is limited to the fees you paid in that period; neither party is liable for indirect or consequential damages.
13. Term and Termination
Subscriptions auto‑renew unless cancelled per your plan. Either party may terminate for uncured material breach after 30 days’ notice. On termination, we will make Customer Data and Outputs export available for 30 days, then delete per our retention schedule and DPA.
14. Publicity
We may use your name and logo as a customer reference unless you opt out in writing.
15. Governing Law; Dispute Resolution
15.1 Governing law. Laws of India apply.
15.2 Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to this agreement shall be referred to and finally resolved by arbitration in Bengaluru, India in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Bengaluru, India, and the language of arbitration shall be English. Subject to arbitration, the courts in Bengaluru, India shall have exclusive jurisdiction.
16. Order of Precedence; Entire Agreement
If there is a conflict: Order Form → Platform Terms → AUP → Telemarketing Addendum → Site Terms. These documents are the entire agreement for the Platform.
Acceptable Use Policy (AUP)
You and your users will not use the Platform to:
Violate laws or rights; send unlawful, deceptive, harassing, defamatory, or invasive communications.
Violate telemarketing or recording rules, TRAI regulations, NCPR/DND requirements, consent rules, time‑of‑day or frequency limits, or caller ID obligations (see Telemarketing Addendum).
Conduct scams, impersonation, phishing, account takeovers, or payments fraud.
Target minors or vulnerable groups; send political persuasion, emergency services, or financial promotions without required approvals.
Process special‑category data without a valid lawful basis and required safeguards under the DPDPA.
Attempt to re‑identify de‑identified data, scrape suppression lists, or bypass opt‑outs.
Interfere with security or service integrity; test for vulnerabilities without authorization.
Benchmark for publication or build competing models using our Outputs or telemetry.
Use for high‑risk activities where failure may lead to death, personal injury, or property damage.
Telemarketing Compliance Addendum (India)
This Addendum applies to any calling into or from India.
A. Approvals and TRAI Registration
A.1 You will obtain necessary registrations, licenses, and approvals (including registration as a telemarketer with TRAI, if applicable) required to conduct phone marketing/communications in India. A.2 You will train staff on ethics, NCPR/DND use, and opt‑out handling; maintain written procedures and call logs.
B. NCPR/DND and Consents
B.1 You will scrub numbers against the NCPR/DND before each campaign and at reasonable intervals thereafter; B.2 you will honor verbal and DTMF opt‑outs immediately; B.3 you will not place promotional calls to numbers on the NCPR/DND unless you have explicit, verifiable consent from the recipient.
C. Presentation and Timing
C.1 Present a valid header/caller ID registered with TRAI and traceable to your entity; C.2 comply with time‑of‑day limits (e.g., no promotional calls between 9:00 PM and 9:00 AM) and frequency limits; C.3 do not spoof, mask, or rotate numbers to evade detection or regulatory monitoring.
D. Recording and Monitoring
D.1 Obtain and record lawful consent for call recordings and analytics from call participants; D.2 comply with all applicable recording disclosure requirements.
E. Penalties and Enforcement
E.1 You acknowledge administrative and financial penalties imposed by TRAI under the TCCCPR, 2018 for violations of telemarketing regulations.
