Terms of Service

These Terms of Service (the “Terms”) are an agreement between you and Ampli5 Tech Labs Private Limited (“Ampli5”, “we”, “us”), a company incorporated in India (CIN U62011MH2026PTC475456) with its registered office at A/603 Zee Tulsi CHS Ltd., Dadabhai Cross Road No. 3, Vile Parle (West), Mumbai 400056, Maharashtra, India. They apply when you use our website, the Ampli5 software we host for you (the “Hosted Service”), and the support we provide. “You” means the business that uses Ampli5; the person accepting these Terms confirms that they have the authority to bind that business.

1. What these Terms cover

Ampli5 is sold to businesses, not to consumers. You may use it only for the purposes of your business.
If you and Ampli5 have signed an order form, licence agreement or other written agreement, for example a licence to run Ampli5 on infrastructure you own, that agreement governs the matters it covers, and these Terms apply to everything else. If the two conflict, the signed agreement prevails.
Where we host Ampli5 for you, these Terms and your order form together are the whole agreement between us.

2. Words we use

Agent means the AI voice agent that calls and answers on your behalf.
Leads means the people you call, message or receive calls from using Ampli5.
Customer Data means personal data and other content that you or your Users put into Ampli5, or that Ampli5 collects on your behalf, including your Leads’ details, call recordings, transcripts and messages.
Users means your staff and anyone else you allow to use your Ampli5 account.

3. Your account

You must give us accurate information and keep it up to date. You are responsible for your Users and for everything done through your account, for keeping sign-in details secure, and for telling us promptly at support@ampli5.in if you suspect unauthorised use. You must have the authority to connect any third-party account you link to Ampli5, such as a WhatsApp Business Account, a telephony trunk or a CRM.

4. Your responsibility for calls and messages

You decide whom Ampli5 calls and messages, and what it says. You are responsible for making sure that every call and message made through Ampli5 on your behalf is lawful. In particular, you must:

have a lawful basis under the Digital Personal Data Protection Act, 2023 to contact each Lead and to process their personal data, give them any notice the law requires, and honour their requests, including requests not to be contacted;
comply with the Telecommunications Act, 2023, the Telecom Commercial Communications Customer Preference Regulations, 2018 as amended, and related directions, including registration on the DLT platform, using the number series required for your type of call, respecting the preferences your Leads have registered, and calling-hour limits;
comply with the rules for your sector, such as the directions of the Reserve Bank of India for lenders and their agents, including on fair practices and the conduct of recovery, and the Real Estate (Regulation and Development) Act, 2016 and state rules for real estate;
comply with Meta’s WhatsApp Business terms and messaging policies, including opt-in and template rules, when you use WhatsApp through Ampli5;
make sure that the scripts, prices, project details, brochures and other information you give the Agent are accurate, lawful and not misleading, and keep them up to date;
use only numbers, caller IDs and trunks that you are entitled to use.

Ampli5 includes controls to help you, such as calling-hour limits, do-not-call checks, an AI and recording disclosure at the start of each call, and an audit log. These controls do not replace your own responsibility. Numbers are checked against the national Do Not Disturb registry only if you connect a scrubbing provider.

5. Acceptable use

You must not, and must not allow anyone else to:

use Ampli5 for anything unlawful, fraudulent, deceptive, harassing or abusive, or to send spam;
configure the Agent to deny that it is an AI, to impersonate a real person, a government body or another business, or to skip the disclosures Ampli5 makes;
call or message people who have asked not to be contacted, or a child without the verifiable consent of a parent or lawful guardian;
use Ampli5 for political campaigning or emergency services, unless we have agreed to it in writing;
copy, modify or reverse engineer Ampli5, or attempt to extract its source code, except as the law expressly allows;
resell, sublicense or provide Ampli5 to anyone else, unless we have agreed to it in writing;
interfere with or disrupt Ampli5, test its security without our written permission, or access it by automated means other than our documented API;
use Ampli5 to build a competing product.

We may investigate, and suspend, activity that appears to break this section.

6. AI and your decisions

The Agent uses artificial intelligence. It can mishear, misunderstand or say something inaccurate, even when it is configured correctly. Review transcripts, summaries and outcomes before you rely on them. The Agent does not give legal, financial or investment advice, and it does not approve loans or make binding offers on your behalf. Decisions about your Leads are yours.

7. Fees and payment

You pay the fees in your order form or, for the Hosted Service, the prices we have agreed with you in writing. Fees do not include GST or other taxes, which you pay in addition.
For the Hosted Service, usage is measured by Ampli5’s systems. Where you use a prepaid balance, charges are deducted from it as you use the service.
For a licensed deployment, you pay the licence fee and any support fees in your order. Charges for speech, telephony, hosting and numbers are billed to you directly by those providers under your own accounts.
Invoices are due within 15 days of the invoice date unless your order says otherwise. If a payment is overdue, we may suspend the Hosted Service after giving you at least 7 days’ notice.
Except where the law requires or your order says otherwise, fees paid and prepaid balances are not refundable.
We may change the prices of the Hosted Service by giving you at least 30 days’ notice. A change does not apply to a period you have already paid for.

8. Licensed software

A licence lets you run the Ampli5 software on one installation, for the edition, number of simultaneous calls and number of workspaces in your order or on your receipt. It does not include the source code.
A licence is perpetual: it does not end when support ends. Updates and support are provided while you pay the monthly support fee, if you choose to.
The software checks its licence with Ampli5 once a day. The check sends the licence and usage counts (workspaces, team members, calls and call minutes, the software version and service health) and never personal data of your leads or customers. You must not block or disable it. If no check succeeds for 14 days in a row, new outbound calls pause until one does; your data and every other feature stay available.
We may suspend new outbound calling on an installation for a material breach of this section: running the licence on more than one installation, running it beyond the calls or workspaces you bought, reselling or sublicensing it, or tampering with the licence check. You keep full access to your data while calling is suspended.
Additional calls or workspaces are delivered as an updated licence through the daily check.
If you buy a standard licence online, you accept these Terms when you pay. We set the software up on accounts in your name after payment. Anything you want customised is quoted separately.

9. Customer Data and privacy

You own your Customer Data. You give us the right to host, copy, process and transmit it only to provide, secure and support Ampli5 for you, as described in our Privacy Policy and any data processing terms we agree.
For Customer Data, you are the Data Fiduciary and we are your Data Processor. We process it only on your documented instructions, keep it confidential, protect it with reasonable security safeguards, and help you respond to requests from your Leads and meet your duties after a data breach.
We do not sell Customer Data, use it for our own marketing, share it with our other customers, or use it to train AI models that serve other customers.
We may use information about how Ampli5 is used, in a form that does not identify you, your Users or your Leads, to run and improve Ampli5.
You can export your Customer Data while your agreement is in force. After it ends, we delete Customer Data within 60 days, unless you ask us to return it first or the law requires us to keep it. Call recordings made through the Hosted Service are deleted automatically after 180 days, and you can ask us to delete them sooner.

10. Intellectual property

Ampli5, including its software, design, configuration tools, documentation and brand, belongs to us and our licensors. Subject to these Terms and to your paying the fees, we give you a non-exclusive, non-transferable right to use the Hosted Service for your internal business during your subscription. A licensed deployment is licensed under your licence agreement. You keep all rights in your Customer Data and your own content, such as your scripts and brochures. If you send us suggestions or feedback, we may use them without any obligation to you.

11. Third-party services

Ampli5 works with services we do not control, such as telephone networks, Meta’s WhatsApp Business Platform, CRMs and payment gateways. Your use of them is also governed by their own terms. Carriers and platforms may block, limit or change their services, including for regulatory reasons, and we are not responsible for their availability or actions.

12. Confidentiality

Each of us will keep the other’s confidential information confidential, use it only to perform this agreement, and share it only with people who need it and are bound to keep it confidential. This does not apply to information that is public, that the recipient already knew or developed independently, or that the law requires to be disclosed, in which case the recipient will give notice where the law allows.

13. Availability and support

We work to keep the Hosted Service available and to fix problems promptly, but we do not promise that it will be uninterrupted or free of errors, unless a service level is agreed in your order. We may carry out maintenance, and we will try to give notice of planned downtime. Support is provided as described in your order.

14. Suspension

We may suspend all or part of the Hosted Service if fees are overdue after notice, if your use breaks section 4 or 5, if it threatens the security of Ampli5 or of others, or if a regulator, carrier or platform requires it. We will give notice where we reasonably can, and restore the service once the reason is resolved.

15. Term and termination

These Terms apply for as long as you use Ampli5. A subscription or licence runs for the term in your order.
Either of us may end the agreement if the other materially breaches it and does not put the breach right within 30 days of written notice. We may end it immediately if you use Ampli5 unlawfully in a way that exposes us or others to serious harm.
When the agreement ends, your right to use the Hosted Service ends, you pay any fees owed up to that date, and section 9 applies to your Customer Data. Sections that by their nature should continue, such as those on fees owed, confidentiality, liability, indemnity and disputes, continue.

16. Warranties and disclaimers

Each of us confirms that it has the authority to enter into this agreement. We will provide Ampli5 with reasonable skill and care. Apart from that, and as far as the law allows, Ampli5 is provided “as is”, and we give no other warranty, express or implied, including of merchantability or fitness for a particular purpose, or that the Agent’s outputs will be accurate or achieve a particular result, such as a number of appointments or sales.

17. Limitation of liability

Neither of us is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, business or goodwill, even if it was foreseeable.
Each party’s total liability arising out of or in connection with this agreement is limited to the fees you paid us in the 12 months before the event that gave rise to the claim.
These limits do not apply to your obligation to pay fees, to your obligations under sections 4 and 5, to your indemnity in section 18, or to liability that the law does not allow to be limited.

18. Indemnity

You will defend us against, and compensate us for, claims, penalties and costs brought by third parties or authorities that arise from your Customer Data, the content you give the Agent, your breach of section 4 or 5, or calls and messages made through Ampli5 on your behalf in breach of the law.
We will defend you against, and compensate you for, third-party claims that the Hosted Service, used in line with these Terms, infringes their intellectual property rights in India. This does not apply to claims arising from your Customer Data, your content, or your combination of Ampli5 with anything we did not provide.
The party asking for protection must tell the other promptly, let it control the defence, and give reasonable help.

19. Governing law and disputes

These Terms are governed by the laws of India. If a dispute arises, we will first try to settle it through good-faith discussion for 30 days. If that does not work, the dispute will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by agreement, with the seat and venue of arbitration in Mumbai and proceedings in English. Subject to this, the courts at Mumbai have exclusive jurisdiction, including for urgent interim relief.

20. Changes to these Terms

We may update these Terms. We will change the date at the top and tell customers about material changes by email or in the app at least 30 days before they take effect. If you do not agree, you may stop using Ampli5 before then; continuing to use it means you accept the updated Terms. Changes do not alter a signed agreement unless both of us agree in writing.

21. General

Neither of us is responsible for delay caused by events beyond our reasonable control, such as natural disasters, network or power failures, or actions of a government, regulator or carrier.
You may not transfer this agreement without our written consent. We may transfer it to a company in our group or to a successor to our business, with notice to you.
Notices to us go to support@ampli5.in and to our registered office. Notices to you go to the email address on your account.
If any part of these Terms cannot be enforced, the rest continues. Not enforcing a right is not a waiver of it. Nothing in these Terms creates a partnership, agency or employment relationship.
These Terms, with any order form and our Privacy Policy, are the entire agreement between us about their subject.

22. Contact

Ampli5 Tech Labs Private Limited (CIN U62011MH2026PTC475456)
Registered office: A/603 Zee Tulsi CHS Ltd., Dadabhai Cross Road No. 3, Vile Parle (West), Mumbai 400056, Maharashtra, India
Email: support@ampli5.in
Phone: +91 99875 80501 (Monday to Saturday, 10:00 to 19:00 IST)

Grievance Officer: Kamlesh Subodh Mehta, privacy@ampli5.in. We acknowledge a grievance within 7 days and aim to resolve it within 30 days of receiving it.