Terms of Service

Phonon Digital Private Limited . is a company incorporated under the Companies Act, 2013 with the following details: 106, Blue Diamond Complex, Fatehgunj, Vadodara 390002,Gujrat, India

Company Identification Number:CIN:U72900GJ2022PTC131618 The business is also referred to as “Phonon” or “Phonon.in”.

Licenses and Registrations

Phonon has the following additional licenses and registrations:

Applicability

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.

Service Description

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.

Definition of Users

Users of Phonon’s services constitute:

  • Customers, who purchase service accounts or services from us to enhance their operations through our communication automation applications and/or services.
  • 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.

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.

Governing Law and License Grant

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.

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.

Restrictions and User Conduct

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:

  • Violate any local, state, national or international law;
  • Stalk, harass or harm another individual;
  • Collect or store personal data about other users;
  • Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
  • 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.

Intellectual Property

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, Phonon Communications Pvt Ltd. 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.

Additional Service Terms

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:

  • 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.
  • 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.
  • Phonon’s services are delivered on existing telecom circuits received from licensed vendors and are not a replacement for any licensed calling services.
  • The user agrees that the phone number provided for any call-back is owned by the customer.
  • The user is aware of various telephony regulations of India, including the Telecom Commercial Customer Communications Preferences Regulations, 2010 and its further amendments. In case, the user is registered as a do-not-call number, by requesting a call-back, 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.
  • While Phonon maintains reasonable controls, customer confirms that it has done all necessary audits and holds Phonon harmless towards any problems or claims arising from unlawful break-in, viruses, trojans, or malicious scripts.
  • Services will be delivered as per Phonon’s standard service delivery SLAs. We try to ensure a 98.5% uptime on our system on an annualised basis.
  • Any Customer will be responsible for all forms of communication including calls, SMS, emails, and chats and their usage made from the Customer’s account.

Indemnity and Liability

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. The User 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.

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.

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. For further details on how your data collected by us is used and retained, please refer our Privacy Policy.

Modifications

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 Use were last updated on 12-March-2019.