Terms of Service

1. Phonon Communications Pvt Ltd. is a company incorporated under the Companies Act, 2013 with the following details:
   1. Registered office at 106, Blue Diamond, Fatehgunj, Vadodara, Gujarat, INDIA – 390 002.
   2. Company Identification Number: U72300GJ2015PTC082471.
   3. The business is also referred to as “Phonon” or “Phonon.in”.
2. Phonon has the following additional licenses and registrations:
   1. Audiotex License from Department of Telecommunications, Government of India, for Vadodara (SDCA) with No. 846-130/2015-CS dtd. 13.06.2016
   2. Registered Telemarketer as per Telecom Commercial Communication Customer Preferences Regulations, 2010  with Registration Number: R22140650.
3. These Terms of Use apply irrevocably to all users of Phonon’s services using services through Phonon’s websites or social media channels such as Twitter, Facebook or on voice, SMS, chat, and email. By using Phonon’s services Users using any of the services agree to the Terms of Use.
4. Phonon provides application services such as Click-to-Call™, DealerConnect™, instant call connect, voice-based, audiotex, chat-bots, and Social media / SMS-based fulfillment services to Users of Phonon’s services. Together these services form our Communication Automation suite of services. The services are described at length on Phonon’s website, https://www.phonon.io, and on individual social media pages. These Terms of Use are applicable to any user using services served from Phonon’s owned websites. These include the domains, phonon.in, phonon.io, minr.in, and idelivr.ai.
5. Users of Phonon’s services constitute:
   1. Customers, who purchase service accounts or services from us to enhance their operations through our communication automation applications and/or services.
   2. End-Users of our service also constitute end-users or consumers of our service that have initiated a call-to-action to our services through one of our Customer or Phonon’s direct accounts
   3. Phonon services will be used as a 3rd party service to Users on behalf of Phonon’s customers. The End-User will remain bound with Phonon Customer as per the Customer’s individual terms and conditions.
6. Phonon’s services are governed as per the laws of India; specifically notices issued by the Department of Telecommunications and the Telecom Regulatory Authority of India. Further, all communications originated from or terminated on Phonon systems are subjected to the below Terms of Use& Privacy Policy of Phonon.
7. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable individual   license to (a) access and use the Site and Services and (b) download, install and operate any software (in object code form only), scripts and other content that we may from time to time have specifically identified within the Site as available for download (“Downloadable Tools”) (if any).  The Downloadable Tools are deemed part of the “Service”.  Your use of any Downloadable Tools may be subject to additional terms and conditions that accompany such Downloadable Tools.
8. The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect.  You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third party without the permission of Phonon.  You further agree not to combine or integrate the Site and the Services (including the Downloadable Tools) with hardware, software or other technology or materials not provided by us.  You may not modify or create any derivative product based on the Site, the Site and the Services (including the Downloadable Tools).  You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Services (including the Downloadable Tools) is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code.  Except as expressly stated herein, no part of the Site or Services (including the Downloadable Tools) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms. You agree not to use the Site and the Services (including the Downloadable Tools) to:
   1. violate any local, state, national or international law;
   2. stalk, harass or harm another individual;
   3. collect or store personal data about other users;
   4. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
   5. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
   6. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.  You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.
9. As between you and us, we retain all right, title and interest in and to the Site and the Service (including the Downloadable Tools), and all related intellectual property rights, other than User Content.  Phonon and its suppliers’ reserve all rights not granted in these Terms.  You may not copy, distribute, publicly perform, publicly display, or create derivative works from any copyrighted work made available or accessible via the Site or the Services.  If you provide Phonon any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate.  Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.  You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary. Copyright © 2020, ______. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Site or Service are our property. You are not permitted to use these Marks without our prior written consent.
10. Our services are accessed by end-users across the Internet and through telephony systems. While accessing our services Users irrevocably and without any remedy agree to all the Terms of Use applicable herein on this page and also the below additional terms:
    1. By referring to or using our application scripts on websites, or making calls to our systems, the user confirms that the user is doing such act for using the service for the purpose it is meant and no other malicious intent.
    2. All content provided on Phonon’s services is on a best effort basis and Phonon does not provide any traditional calling or emergency calling services.
    3. Phonon’s services are delivered on existing telecom circuits received from licensed vendors and are not a replacement for any licensed calling services.
    4. The user agrees that the phone number provided for any call-back is owned by the customer.
    5. The user is aware of various telephony regulations of India, including the Telecom Commercial Customer Communications Preferences Regulations, 2010 and its further amendments as listed at the appropriate website of the Telecom Regulatory Authority of India. In case, the user is registered as a do-not-call number, by requesting a call-back through any mode (or call-to-action) including but not limited to those mentioned in Sr. 2 above, the user has explicitly confirmed that the call-back number so provided is owned by the user and has further granted permission to Phonon to call the customer on the call-back number.
    6. While Phonon maintains reasonable controls, customer confirms that it has done all necessary audits and holds and regards Phonon harmless towards any problems or claims arising from customer or 3rd party associated with customers, towards any incidents such as unlawful break-in, viruses, trojans, malicious scripts that may possibly harm customer systems or 3rd party systems.
    7. The services provided by Phonon are dependent on other networks, and Phonon has no control over services failing due to limitations/inadequacies in PSTN or other networks.
    8. Services will be delivered as per phonon’s standard service delivery SLAs and service provisioning terms and conditions. We try to ensure a 98.5% uptime on our system on an annualised basis. However, unless otherwise specified with each customer on a case-to-case basis, we will not be responsible in case the service goes down for a greater period of time.
    9. Any Customer (subscriber who has purchased the account with Phonon) services of Phonon will be responsible for all forms of communication including calls, SMS’ emails, and chats and their usage made from the Customer’s account.
    10. In case found negligent towards any usage or compliance with any policies/laws/ regulations in force as may be of the Republic of India, End Users and Customers understand that Phonon will report such activities to appropriate law enforcing agencies. Phonon may also at its own volition, suitably file any complaints/claims in the courts of India towards intentional malicious usage of Phonon’s services.
    11. All hardware equipment, software licenses, and intellectual property for provisioning this service are the property of phonon. Customers or Users of our services or any third party does not and will not have any claim on these.
    12. Any End-User or Customer will not try to reverse engineer, break or misuse in any way any code or application snippet shared by Phonon to the customer.
    13. Phonon is not a basic telephony service. Emergency calls and services will not be available through Phonon applications. Phonon’s Services do not by pass toll in any manner.
    14. Phonon may also unilaterally and without any notification block any call requests for inbound / outbound calls that reach our server. These blockages are to ensure the quality of services and block any malicious request as may be determined by Phonon’s systems.
    15. By subscribing to or using Phonon services, the Customer and/or User agrees to indemnify phonon and its employees / associates against any claims for damages, losses etc. from advertisers and other third parties to / from whom the communication (call, SMS, email, social media or Chat) have been generated or received.. The User (end-user or Customer) further indemnifies and will hold phonon harmless against any civil or criminal usage of our telephony applications caused due to any reason beyond Phonon’s control.
11. Unless otherwise agreed in a contract with our Customers, all disputes regarding the services provided by Phonon will be subject to the jurisdiction of courts at Vadodara (India) only. All End User disputes are always and without prejudice subject to the jurisdiction of courts at Vadodara (India) only.
12. Phonon is not liable for any damage claims from any of it’s users due to acts of God, fire, weather, acts of governments or other authorities, wars, civil disturbances, riots, terrorist acts, strikes, thefts, pilferage, epidemics, quarantines, government rulings, changes in laws or their interpretation by government agencies or other similar acts, incidents or force majeure beyond its reasonable control.
13. By subscribing to Phonon services, Customer agrees completely with the rates, terms and conditions and other details as listed in this document and contracted with the customer. In case of any deviation, the terms mentioned herein will be binding on all parties.
14. You agree to indemnify, defend and hold Phonon and its affiliates, agents, employees, directors, officers, agents, vendors and suppliers harmless from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred by Phonon that arise out of or otherwise relating to your use of the Website, including without limitation any obligation to be performed by You pursuant to these Terms of Use. Further, you agree to hold Phonon harmless against any claims made by any third party due to, or arising out of or otherwise relating to your use of the Website, any claim arising out of damage caused to third party by You, breach of these Terms of Use by You, or your violation of any rights of another, including any intellectual property rights.
15. Phonon and its affiliates assume no responsibility for any consequence relating directly or indirectly to any action or inaction taken based on the Content available on the Website. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You specifically acknowledge that Phonon and its affiliates are not liable for any defamatory, offensive or illegal conduct by the User or any third party. Additionally, in no event shall Phonon or its affiliates be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from the use of, or the inability to use the Website or its Content; the cost of procurement of substitute services, provided by the Website; unauthorized access to or alteration of your transmissions or data; the statement or conduct of any third party on the Website; or any other matter relating to the Website. These limitations will apply whether or not Phonon has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
16. Notwithstanding anything to the contrary, our entire liability towards You under these Terms of Use or otherwise shall only be in connection with refund of the money charged from You for any particular product or service, under which the unlikely liability arises.
17. Confidentiality: Phonon will make all efforts to keep all information regarding its customers or calls made on behalf of the customer confidential. However, such information could be given by us to statutory, legal and audit agencies as required under the laws of the land. For statutory and service improvement requirements, we will log user’s IP address, phone number and any other such information provided through or generated due to Customer or User requests hitting our servers that may be needed for complying with regulations and enhancing our services. For further details on how your data collected by us is used and retained, please refer our Privacy Policy.
18. Phonon reserves the rights to modify any Terms of Service and without any prior notice. Customers and End-Users are advised to regularly visit this page to check the updated Terms of Use.

These Terms of User were last updated on 12-March-2019.