Terms of Use

In these Terms of Use, the following definitions apply unless the context requires otherwise:

• "CallQuants LLP," "Company," "We," "Us," or "Our" refers to CallQuants LLP, a limited liability partnership registered under Indian law, with its registered office at Flat 304, B Wing, Dosti Oak, Dosti West County, Balkum, Thane, Mumbai, Maharashtra - 400608, India, operating the platforms callquants.us and callquants.in.
• "Platform" means the websites callquants.us and callquants.in, the CallQuants web application, Android mobile application, APIs, AI voice agent systems, and all associated software, services, content, and features provided by CallQuants LLP.
• "User," "You," or "Your" refers to any individual, organization, entity, or legal person who accesses, registers on, or uses the Platform in any capacity.
• "Services" means all products, features, tools, and functionalities made available by CallQuants LLP, including but not limited to AI call recording, transcription, analytics, AI voice agents, lead management, and coaching features.
• "Content" means any data, text, audio, video, transcripts, analyses, reports, outputs, or other materials generated, processed, stored, or transmitted through the Platform.
• "Account" refers to a registered user profile created on the Platform.
• "Meaningful Interaction (MI)" refers to the proprietary CallQuants LLP metric used to assess and bill for AI-analyzed call interactions that meet a minimum intent score threshold.
• "Subscription" means any paid plan, package, or service tier purchased by a User.
• "Third-Party Services" means any external platforms, software, APIs, or services integrated with or linked from the Platform.
• "US Users" refers to individuals or entities accessing or using callquants.us from or within the United States of America.
• "India Users" refers to individuals or entities accessing or using callquants.in from or within the Republic of India.

2.1 Binding Agreement

By accessing, registering on, or using the Platform in any manner whatsoever, you enter into a legally binding agreement with CallQuants LLP governed by these Terms of Use, together with our Privacy Policy, any applicable Subscription Agreement, and any additional terms communicated to you at the point of access. These documents collectively constitute the entire agreement between you and CallQuants LLP.

2.2 Eligibility Requirements

Use of the Platform is strictly subject to the following eligibility requirements. You represent and warrant that:

• You are at least eighteen (18) years of age, or the age of legal majority in your applicable jurisdiction, whichever is greater;
• You have full legal capacity and authority to enter into binding contracts;
• If acting on behalf of a business entity, you are duly authorized to bind that entity to these Terms;
• Your use of the Platform does not violate any applicable law, regulation, or court order in your jurisdiction;
• You are not a resident of any country subject to economic sanctions by the United States, India, or the United Nations Security Council.

2.3 Updates to Terms

CallQuants LLP reserves the absolute right to modify, amend, update, or replace these Terms of Use at any time, at its sole discretion, with or without prior notice. The date of the most recent revision will be reflected in the 'Last Updated' field above. Your continued use of the Platform following any modification constitutes your unconditional acceptance of the revised Terms. It is your sole responsibility to review these Terms periodically.

3.1 Account Creation

To access certain features of the Platform, you are required to register and create an Account. During registration, you agree to provide accurate, current, complete, and truthful information. You further agree to promptly update such information to maintain its accuracy throughout the duration of your use of the Platform.

3.2 Account Security

You are solely and exclusively responsible for:

• Maintaining the confidentiality and security of your Account credentials, including your username, password, and any two-factor authentication methods;
• All activities, transactions, actions, and events occurring under your Account, whether or not authorized by you;
• Immediately notifying CallQuants LLP at help@callquants.us of any unauthorized use, suspected breach, or compromise of your Account.

3.3 Account Suspension and Termination

CallQuants LLP reserves the right, in its sole and absolute discretion, to suspend, restrict, disable, or permanently terminate any Account, without notice and without liability, for any reason including but not limited to: violation of these Terms, suspected fraudulent activity, non-payment, conduct that we determine to be harmful to other users or to the Platform, or for any business or operational reason. Upon termination, your right to access the Platform immediately ceases. CallQuants LLP shall not be liable to you or any third party for any suspension or termination of your Account or access to the Platform.

4.1 Limited License

Subject to your compliance with these Terms, CallQuants LLP grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your internal business purposes. This license does not include any right to: resell or commercially exploit the Platform or its content; reverse engineer, decompile, or disassemble any software component; use automated systems, bots, or scrapers to access the Platform; or use the Platform in any way not expressly authorized by these Terms.

4.2 Prohibited Activities

You expressly agree NOT to:

• Use the Platform for any unlawful, fraudulent, abusive, or harmful purpose;
• Attempt to gain unauthorized access to any part of the Platform, other accounts, or connected systems;
• Circumvent, disable, or interfere with any security or access control features of the Platform;
• Upload, transmit, or distribute viruses, malware, or any other malicious or harmful code;
• Record, collect, or harvest any personally identifiable information from the Platform without explicit authorization;
• Use the Platform to make unsolicited communications, spam, or telemarketing calls in violation of applicable laws;
• Violate any applicable telemarketing, telecommunications, data protection, or consumer protection laws including, for US Users, the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and FCC regulations; and for India Users, the Telecom Commercial Communications Customer Preference Regulations (TCCCPR) and TRAI guidelines;
• Misrepresent your identity or affiliation with any person or entity;
• Interfere with or disrupt the integrity or performance of the Platform or third-party systems;
• Use the Platform to record any individual without obtaining all legally required consents under applicable law.

5.1 User Responsibility for Legal Compliance

5.2 US User Obligations — Federal and State Recording Laws

If you are a US User, you acknowledge and agree that:

• Federal law (18 U.S.C. § 2511) requires the consent of at least one party to a conversation for recording. However, numerous US states, including California (Penal Code § 632), Florida (§ 934.03), Illinois (720 ILCS 5/14-2), Michigan, Maryland, Connecticut, and others, require the consent of ALL parties to a conversation ('all-party consent' or 'two-party consent' states);
• You are solely responsible for identifying, understanding, and complying with the recording consent laws applicable in your state and in the state(s) of the parties you record;
• You will obtain all legally required consents before recording any call and maintain auditable records of such consent;
• CallQuants LLP assumes no liability for any violation of federal or state recording consent laws arising from your use of the Platform;
• Your use of the AI Voice Agent must comply with the TCPA, FCC regulations, and all applicable state laws governing autodialed calls, prerecorded messages, and robocalls.

5.3 India User Obligations — TRAI and NDNC Compliance

If you are an India User, you acknowledge and agree that:

• You will comply with the Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018, the National Do Not Call (NDNC) registry, and all TRAI directives applicable to commercial communications;
• You are solely responsible for registering as a commercial communicator (telemarketer or principal entity) with TRAI as applicable;
• You will verify all contact numbers against the NDNC/DND registry before initiating outbound calls through the Platform;
• You will comply with all scrubbing obligations and maintain records as required by TRAI regulations;
• CallQuants LLP's built-in NDNC checking feature is provided as a convenience tool only and does not guarantee full regulatory compliance; final compliance responsibility rests solely with you.

5.4 WhatsApp Integration Compliance

Use of the WhatsApp Business integration feature requires your independent compliance with WhatsApp's Business Policy, Terms of Service, and all applicable laws governing electronic messaging and spam in your jurisdiction. CallQuants LLP is not responsible for any violation of WhatsApp policies or applicable messaging laws arising from your use of this feature.

6.1 Nature of AI Voice Agent

The CallQuants AI Voice Agent is an artificial intelligence-powered system. You acknowledge that:

• AI systems can produce inaccurate, incomplete, or unpredictable outputs;
• CallQuants LLP makes no representation or warranty that the AI Voice Agent will achieve any specific sales outcome, conversion rate, or business result;
• The AI Voice Agent operates based on configuration parameters you set; you are responsible for all communications initiated by the AI on your behalf;
• Any statements made by the AI Voice Agent to your customers or prospects are your sole responsibility; CallQuants LLP is not a party to any transaction, agreement, or representation made during AI-conducted calls.

6.2 Meaningful Interaction (MI) Billing

You acknowledge and agree that:

• Billing for AI Voice Agent services is based on the CallQuants Meaningful Interaction (MI) model, as described on the Platform and in your applicable Subscription terms;
• The determination of whether a call constitutes a Meaningful Interaction is made by CallQuants LLP's proprietary AI scoring system, and such determination is final and binding;
• CallQuants LLP reserves the right to modify the MI scoring methodology with reasonable notice;
• No refunds will be issued for MI charges once recorded, except as required by applicable consumer protection law.

7.1 Fees and Payment

Fees for Subscriptions and MI-based usage are as published on the Platform at the time of purchase. All fees are quoted in the applicable currency (USD for callquants.us; INR for callquants.in) and are exclusive of any applicable taxes, levies, or duties unless expressly stated otherwise.

7.2 Billing and Auto-Renewal

Subscriptions are billed in advance on the applicable billing cycle (monthly or annual). By providing payment information, you authorize CallQuants LLP to charge your payment method on a recurring basis. You are responsible for ensuring your payment method remains valid. CallQuants LLP reserves the right to suspend or terminate your Account for non-payment.

7.3 Taxes

You are solely responsible for all taxes, duties, and levies applicable to your purchase of Services, including GST (for India Users) and applicable US federal and state sales taxes (for US Users), beyond those which CallQuants LLP is legally required to collect and remit.

7.4 Refund Policy

Except as expressly required by applicable mandatory consumer protection law in your jurisdiction, all fees paid are non-refundable. CallQuants LLP does not offer refunds for partial billing periods, unused Services, or Account terminations initiated by the User. If you believe you have been erroneously charged, you must notify us within thirty (30) days of the charge by writing to help@callquants.us.

8.1 Ownership by CallQuants LLP

The Platform, including without limitation all software, algorithms, AI models, source code, databases, design, text, graphics, logos, trademarks, and other content, is the exclusive property of CallQuants LLP or its licensors, protected by applicable intellectual property laws. Nothing in these Terms grants you any ownership interest in the Platform or its content.

8.2 User Content

You retain ownership of the raw data and recordings that you upload to or generate through the Platform ('Your Content'). By using the Platform, you grant CallQuants LLP a worldwide, royalty-free, non-exclusive license to process, store, transmit, and analyze Your Content solely to the extent necessary to provide the Services to you. CallQuants LLP does not claim ownership of Your Content.

8.3 AI-Generated Outputs

Outputs generated by CallQuants AI systems (including transcripts, analyses, coaching recommendations, and scoring reports) based on Your Content are provided for informational and business intelligence purposes only. CallQuants LLP does not warrant the accuracy, completeness, or fitness for any particular purpose of such AI-generated outputs.

No advice, information, or statements obtained from CallQuants LLP, its employees, affiliates, or through the Platform shall create any warranty not expressly stated in these Terms.

10.1 Limitation of Liability

10.2 Essential Basis of Bargain

You acknowledge that the limitations of liability in Section 10.1 reflect a reasonable allocation of risk and form an essential basis of the bargain between you and CallQuants LLP. The Services would not be provided to you at the prices offered absent these limitations.

10.3 Indemnification

You agree to indemnify, defend, and hold harmless CallQuants LLP, its partners, directors, officers, employees, affiliates, and agents from and against any and all claims, demands, actions, liabilities, damages, losses, costs, fines, penalties, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including recording consent laws and telemarketing regulations; (d) your Content; (e) any misrepresentation made by you; or (f) any claim by a third party arising from a call recorded or communication initiated through your Account.

11.1 US-Specific Terms (callquants.us)

For US Users accessing the Platform at callquants.us, the following additional terms apply:

• Governing Law: These Terms, and any dispute arising out of or related to these Terms or your use of the Platform, shall be governed by the laws of the State of Delaware, United States, without regard to its conflict of laws provisions.
• Dispute Resolution: Any dispute that cannot be resolved informally shall first be submitted to binding arbitration under the American Arbitration Association (AAA) Commercial Arbitration Rules. The arbitration shall be conducted in English. You waive your right to participate in a class action lawsuit or class-wide arbitration.
• TCPA Compliance: Your use of automated calling or AI Voice Agent features must comply fully with the Telephone Consumer Protection Act (47 U.S.C. § 227) and FCC implementing regulations. You are solely responsible for obtaining all required prior express written consent from called parties.
• California Users: If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA). Please see our Privacy Policy for details.
• CAN-SPAM Act: Any commercial email communications initiated through or in connection with the Platform must comply with the CAN-SPAM Act of 2003 (15 U.S.C. § 7701 et seq.).

11.2 India-Specific Terms (callquants.in)

For India Users accessing the Platform at callquants.in, the following additional terms apply:

• Governing Law: These Terms, and any dispute arising out of or related to these Terms or your use of the Platform, shall be governed by and construed in accordance with the laws of the Republic of India.
• Jurisdiction: Subject to Section 11.2(iii) below, the courts of Mumbai, Maharashtra, India shall have exclusive jurisdiction over any dispute arising from these Terms.
• Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved by arbitration in Mumbai, India, in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The language of arbitration shall be English.
• Information Technology Act: The Platform is subject to the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and the Digital Personal Data Protection Act, 2023 (when applicable provisions are notified).
• TRAI Regulations: Your use of outbound calling features must comply with TRAI's TCCCPR 2018, including registration as a telemarketer or principal entity, DND scrubbing obligations, and consent-framework requirements.
• Consumer Protection: India Users are entitled to rights under the Consumer Protection Act, 2019, to the extent applicable.

The Platform integrates with and links to third-party services including but not limited to Exotel, Tata Communications, Firebase, WhatsApp Business API, Instantly.ai, Apollo.io, and others ('Third-Party Services'). CallQuants LLP does not control, endorse, or assume responsibility for any Third-Party Services or the content, privacy practices, or terms of such services. Your use of any Third-Party Service is governed by that service's own terms and policies. CallQuants LLP shall not be liable for any loss, damage, or claim arising from your use of, or reliance on, any Third-Party Service.

You acknowledge that in the course of using the Platform, you may have access to information regarding the Platform's features, pricing, technical architecture, and roadmap that is not publicly disclosed ('Confidential Information'). You agree not to disclose Confidential Information to any third party without the prior written consent of CallQuants LLP. Your use of data and information obtained through the Platform is governed by our Privacy Policy, which is incorporated herein by reference and forms part of these Terms.

CallQuants LLP shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, floods, earthquakes, epidemics, pandemics, governmental actions, war, terrorism, civil unrest, labor disputes, internet or network failures, power outages, cyberattacks, failure of third-party service providers, or any other event of force majeure. In such circumstances, CallQuants LLP's performance obligations shall be suspended for the duration of the force majeure event.

These Terms remain in effect until terminated. You may terminate your Account at any time by contacting help@callquants.us. CallQuants LLP may terminate or suspend your access to the Platform at any time, for any reason, without notice and without liability. Upon termination: (a) your license to use the Platform immediately revokes; (b) you must cease all use of the Platform; (c) any outstanding payment obligations shall become immediately due and payable; (d) CallQuants LLP may delete your Account and associated data subject to applicable law. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 8, 9, 10, 13, 16, and 17.

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Subscription Agreement or order form, constitute the entire agreement between you and CallQuants LLP regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

16.3 Waiver

No failure or delay by CallQuants LLP in exercising any right or remedy under these Terms shall operate as a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy preclude its further exercise.

16.4 Assignment

You may not assign or transfer any rights or obligations under these Terms without the prior written consent of CallQuants LLP. CallQuants LLP may freely assign its rights and obligations under these Terms, including in connection with a merger, acquisition, or sale of assets.

16.5 No Partnership or Agency

Nothing in these Terms shall create or be deemed to create a partnership, joint venture, agency, franchise, or employment relationship between you and CallQuants LLP.

16.6 Language

These Terms are drafted in the English language. In the event of any conflict between an English version and any translation, the English version shall prevail.

17.1 General Contact

For any questions, concerns, or notices regarding these Terms of Use, please contact us at:

17.2 Grievance Officer (India)

In compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, CallQuants LLP designates the following Grievance Officer for India Users: