PLEASE READ THESE TERMS CAREFULLY. These Terms of Service (“Terms,” “Agreement”) are a legal agreement between you (an individual or entity — “You,” “Your,” “Customer”) and TechProfuse.ai (“TechProfuse”, “we”, “us”, or “our”). They govern Your access to and use of the websites, products, and services provided by TechProfuse and its brands (including but not limited to CallVibe and GrahamBell), APIs, dashboards, and related offerings (collectively, the “Site” and the “Services”). By accessing, signing up for, or using the Site or Services, You agree to be bound by these Terms.
If You are accepting these Terms on behalf of a company or other legal entity, You represent and warrant that You have authority to bind that entity. Do not use the Site or Services if You do not agree to these Terms or if You are under the age of 13.
1. Scope of Services
1.1 Core Services. TechProfuse provides voice-first AI systems and related cloud services, including telephony/connectivity, call recording and transcription, AI voice agents, analytics, auto-summaries, sentiment scoring, integrations (APIs/webhooks), number provisioning, and a management dashboard.
1.2 Professional Services. We may provide onboarding, integration, customization, consulting, and other professional services under separate statements of work or order forms that specify scope, fees, and deliverables.
2. Account Registration & Use
You must provide accurate information, maintain the confidentiality of account credentials, and be responsible for all activity under your account. You agree to (a) keep credentials secure, (b) notify TechProfuse immediately of any unauthorized use, and (c) comply with any usage limits and policies applied to your account.
3. Payment, Billing & Refunds
3.1 Fees. Service plans, pricing, and terms are posted on our Site and incorporated into these Terms. You must provide valid payment information and authorize recurring charges for subscription and usage fees, plus applicable taxes.
3.2 Automatic Billing & Renewal. Subscriptions and recurring items (e.g., phone numbers, seats) automatically renew unless cancelled before the period end. To avoid renewal you must cancel or remove subscription items prior to renewal.
3.3 Failed Payment; Late Fees. If automatic payment fails, we may invoice you with a 14-day due date and a subsequent 7-day grace period. We may suspend Services for unpaid balances. Late fees may apply up to the lesser of 10% of past due amounts or the maximum permitted by law. You are responsible for collection costs, including reasonable attorneys’ fees.
3.4 Refunds. All fees are non-refundable except as required by law or expressly stated in writing.
4. Customer Responsibilities
You are solely responsible for:
your use of the Services and any content or data you provide;
obtaining all required consents, disclosures, and permissions (including call recording notices and consent for AI use) required by applicable law for calls, recordings, or processing of Communications Data;
retaining records of consumer consents where required (minimum retention periods may apply, typically no less than five years for telemarketing consent); and
ensuring your usage complies with local, state, federal, and international laws.
5. Acceptable Use; Telemarketing Compliance
5.1 Acceptable Use. You shall not use the Services for unlawful, abusive, deceptive, or fraudulent activities. TechProfuse may suspend or terminate accounts suspected of policy violations.
5.2 Telemarketing & Communications Law. You must comply with regulations such as the TCPA, the Telemarketing Sales Rule, Do-Not-Call requirements, state laws, and any other applicable rules. This includes obtaining express consent for autodialed or prerecorded calls where required, providing mandated disclosures (including AI-use disclosure when applicable), including required opt-out mechanisms, honoring calling hour restrictions, and scrubbing lists against DNC registries at least every 31 days.
5.3 Voice & Likeness. You must not use voices, likenesses, or personas of real people without explicit authorization. Impersonation or deceptive practices are strictly prohibited.
6. Call Recording, Communications Data & AI Use
Unless otherwise agreed, call recordings, transcripts, metadata, and other Communications Data created through the Services may be processed to provide features (analytics, summaries, model-assisted capabilities). TechProfuse may use aggregated and de-identified Communications Data to improve products and models, except where restricted by contract or law. Enterprise customers may control retention and model-training permissions via their agreement or DPA.
7. Intellectual Property
7.1 TechProfuse Rights. TechProfuse and its licensors retain all rights, title, and interest in the Services, Site, platform software, models, algorithms, and trademarks.
7.2 Customer Content. You retain ownership of content you submit (“Customer Content”). By submitting Customer Content, you grant TechProfuse a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display the content as necessary to provide Services.
7.3 AI Outputs. TechProfuse or its licensors own underlying models; customers are granted a limited license to use AI outputs for internal business purposes. Customers shall not use outputs to train competing models.
7.4 Feedback. Feedback provided to TechProfuse is subject to a perpetual, irrevocable, royalty-free license for TechProfuse to use and incorporate.
8. Warranties; Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECHPROFUSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO THEY MAY NOT APPLY TO YOU.
9. Indemnification
9.1 By Customer. You agree to indemnify, defend, and hold harmless TechProfuse, its affiliates, officers, directors, employees, and agents from losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable law; or (d) claims related to Customer Content or communications you originate.
9.2 By TechProfuse (IP Defense). TechProfuse will defend you against third-party claims that the unmodified Services infringe third-party IP rights and will pay damages finally awarded, subject to limitations and exclusions (no defense obligation for claims arising from modifications, combinations, misuse, or use in breach of these Terms).
10. Limitation of Liability; Dispute Resolution; Waivers
10.1 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECHPROFUSE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS OR DATA). OUR AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE DURING THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100) FOR USERS OF FREE TRIAL/UNPAID SERVICES. THESE LIMITATIONS DO NOT APPLY TO INDEMNITY OBLIGATIONS, CUSTOMER’S BREACH OF THE ACCEPTABLE USE POLICY, OR VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS.
10.2 Pre-Trial Resolution. You must first send a written description of a claim to our contact address and negotiate in good faith for 60 days before initiating litigation.
10.3 Class Action & Jury Waiver. YOU AND TECHPROFUSE AGREE THAT ANY ACTION SHALL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, NOT AS A CLASS OR REPRESENTATIVE ACTION. YOU AND TECHPROFUSE WAIVE ANY RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.4 Governing Law & Venue. These Terms are governed by the laws specified in your order form or, absent such specification, by the laws of the State of Delaware (excluding conflicts of law principles). Unless otherwise agreed, state and federal courts in Delaware will have exclusive jurisdiction and venue.
11. Service Levels & Support
TechProfuse may provide service levels and SLAs in separate documents. We aim for high availability but do not guarantee uninterrupted service except as set forth in an agreed SLA. Maintenance windows and scheduled downtime will be communicated in advance when practicable.
12. Data Security & Privacy
We implement reasonable administrative, physical, and technical safeguards to protect Customer Data consistent with industry practices (e.g., SOC 2 controls where applicable). TechProfuse will notify affected parties and regulators of security incidents as required by law. Customers are responsible for securing credentials and account access. Unless expressly agreed, TechProfuse is not a HIPAA Business Associate.
13. DMCA / Copyright Policy
We respond to claims of copyright infringement in accordance with applicable law. To submit a DMCA notice, provide the required elements (identification of the copyrighted work, identification of infringing material, contact information, a statement of good faith, and signature) to our designated agent.
14. Export Controls
You represent that you are not located in a U.S. sanctioned country and are not a prohibited party. You will not use the Services in violation of U.S. export control laws.
15. Changes to Terms
TechProfuse may modify these Terms at any time by posting updated Terms on the Site. Material changes will be communicated as required by law. Continued use after posting constitutes acceptance of the updated Terms.
16. Order of Precedence; Assignment; Severability; Survival
If a separate signed order form or SLA conflicts with these Terms, the order form or SLA controls only if it expressly states so. You may not assign these Terms without our written consent; TechProfuse may assign them. If any provision is found invalid or unenforceable, it will be limited or severed to the minimum extent necessary. Provisions that by their nature should survive (IP, indemnity, limitation of liability, governing law) will survive termination.
17. Force Majeure
Neither party will be liable for failure or delay in performance caused by events beyond reasonable control (acts of God, war, terrorism, pandemics, network disruptions). Performance times will be extended by the duration of the force majeure event.
18. Enforcement & Remedies
TechProfuse may investigate suspected violations and take actions (include suspension, termination, legal action) where appropriate. We may cooperate with law enforcement and disclose information necessary to investigate illegal activity.
19. Contact Information
If you have questions about these Terms or wish to provide notice, contact:
TechProfuse.ai
US: 1544 Sawdust Rd, Ste 270, The Woodlands, TX 77380, United States
India: S Square, 300, Vittal Rao Nagar, Madhapur, Hyderabad 500081, India
Email (legal & compliance): support@techprofuse.ai
Phone: +1 832 791 220