Terms of Service

1. Acceptance of Terms

By accessing or using TestZone Media's AI-powered services, including our website, AI calling solutions, automation systems, WhatsApp API services, smart NFC solutions, and any related software or applications ("Services"), you agree to be bound by these Terms of Service ("Terms").

If you disagree with any part of these terms, you may not access or use our Services. These Terms apply to all visitors, users, customers, and businesses using our AI automation platform.

2. Description of AI Services

TestZone Media provides comprehensive AI-powered solutions:

🤖 AI Calling Solutions

• Human-like AI voice agents for inbound and outbound calls
• Lead qualification and appointment booking automation
• Customer support and follow-up call systems
• Multi-language support (Hindi, English, Hinglish)
• Speech-to-text and text-to-speech capabilities
• CRM integration and call analytics

🤖 AI Automation Solutions

• End-to-end business process automation
• WhatsApp + AI chatbot integration
• Sales pipeline and lead nurturing automation
• Customer onboarding and support workflows
• Internal business process optimization

📱 Official WhatsApp API Services

• WhatsApp Business API with AI-powered chatbots
• Automated messaging and broadcast campaigns
• Payment integration and transaction processing
• Lead qualification through conversational AI

🌐 Digital Solutions

• AI-ready website and mobile app development
• Smart NFC business cards and solutions
• Performance marketing and SEO services
• Safety and parking NFC tag systems

Service Availability

We strive to maintain 99.9% uptime for our AI services. However, services may be temporarily unavailable due to maintenance, AI model updates, or circumstances beyond our control. We will provide reasonable advance notice of scheduled maintenance.

3. User Accounts and Business Registration

Account Creation

To access our AI services, you must create a business account by providing accurate, complete, and current information. You are responsible for:

• Maintaining the security of your account credentials and API keys
• All activities and AI service usage under your account
• Immediately notifying us of any unauthorized access
• Keeping your business and contact information updated
• Ensuring compliance with AI service usage policies

Business Eligibility

You must be at least 18 years old and legally authorized to enter binding contracts. If using our Services on behalf of a business:

• You represent that you have authority to bind that entity
• Your business must be legitimate and legally compliant
• You must provide valid business registration documents when requested
• You agree to use AI services for lawful business purposes only

Account Suspension and Termination

We reserve the right to suspend or terminate accounts that:

• Violate these Terms or engage in fraudulent activity
• Use AI services for spam, harassment, or illegal activities
• Pose security risks to our platform or other users
• Fail to pay service fees or violate payment terms

4. AI Service Usage and Acceptable Use Policy

Permitted Uses

You may use our AI services for legitimate business purposes including:

• Customer service and support automation
• Lead generation and qualification with proper consent
• Appointment booking and reminder systems
• Business process automation and optimization
• Marketing communications with explicit customer consent

Prohibited Uses - You agree NOT to use our AI services to:

• Send unsolicited communications, spam, or bulk messaging without consent
• Engage in fraudulent, deceptive, or misleading business practices
• Violate telecommunications regulations or robocalling laws
• Harass, abuse, threaten, or harm individuals
• Distribute malware, viruses, or harmful content
• Attempt to gain unauthorized access to our AI systems
• Reverse engineer or attempt to extract our AI models
• Use AI services for illegal activities or adult content
• Impersonate others or misrepresent your business identity
• Collect personal information without proper consent

Compliance Requirements

You must comply with all applicable laws and regulations including:

• Telephone Consumer Protection Act (TCPA) and similar regulations
• CAN-SPAM Act and anti-spam laws
• WhatsApp Business Policy and messaging regulations
• Data protection laws (GDPR, CCPA, etc.)
• Industry-specific regulations applicable to your business
• AI ethics guidelines and responsible AI usage principles

5. Payment Terms and Service Fees

Service Fees and Billing

AI service fees are specified in your service agreement or our pricing page:

• All fees are stated in Indian Rupees (INR) unless otherwise specified
• Fees are exclusive of applicable taxes and government charges
• AI usage fees may include per-call, per-message, or monthly subscription costs
• Setup fees for custom AI development and integration
• Additional charges for premium features and integrations

Payment Methods and Terms

• Credit/debit cards, bank transfers, UPI, and digital wallets
• Monthly or annual billing cycles as per your service plan
• Automatic payment processing for recurring services
• Advance payment requirements for high-volume AI usage

Late Payments and Service Suspension

• Late payment interest charges at 1.5% per month on overdue amounts
• Service suspension after 7 days of payment failure
• Account termination for payments overdue by 30+ days
• Collection agency engagement for severely delinquent accounts
• Additional costs for service restoration after suspension

Refund Policy

AI service fees are generally non-refundable. Refunds may be provided at our discretion for:

• Service outages exceeding our SLA commitments
• Technical issues preventing proper AI service functionality
• Cancellations within 48 hours of service activation

6. AI Technology and Intellectual Property Rights

Our AI Technology and Intellectual Property

All AI technology, software, and materials provided through our Services are owned by TestZone Media or our licensors:

• Proprietary AI algorithms, models, and voice synthesis technology
• Software applications, automation platforms, and APIs
• Trademarks, logos, brand assets, and marketing materials
• Training data, AI model parameters, and optimization techniques
• Documentation, user guides, and technical specifications

Limited License Grant

We grant you a limited, non-exclusive, non-transferable license to use our AI services solely for your authorized business purposes. This license does NOT include:

• Rights to modify, copy, or create derivative works from our AI technology
• Permission to reverse engineer or extract our AI models
• Authority to remove proprietary notices or branding
• Rights to sublicense or transfer access to third parties
• Use of our AI technology in competing products or services

Customer Content and Data

You retain ownership of content you provide to our AI services. By using our Services, you grant us:

• Limited rights to process your data for AI service delivery
• Permission to use anonymized data for AI model improvement
• Rights to use aggregated data for service optimization
• License to store and process content as necessary for service functionality

7. AI Service Performance and Limitations

AI Service Expectations

Our AI services are designed to provide intelligent automation, but you acknowledge that:

• AI systems may not always perform perfectly or as expected
• Voice recognition and natural language processing have inherent limitations
• AI responses may occasionally be inappropriate or inaccurate
• System performance may vary based on input quality and complexity
• Continuous improvement requires ongoing training and optimization

Service Level Agreements (SLA)

• AI Service Uptime: 99.9% monthly availability (excluding maintenance)
• Response Time: AI agents respond within 2-3 seconds of input
• Call Quality: Clear voice synthesis with minimal latency
• Message Delivery: 99%+ delivery rate for WhatsApp API messages
• Support Response: 24-hour response for technical issues

Service Credits

If we fail to meet SLA commitments, you may be eligible for service credits as specified in your service agreement.

8. Data Privacy and Security

Data Collection and Processing

Our collection and use of personal information is governed by our Privacy Policy. For AI services, we also:

• Process conversation data to provide AI functionality
• Store call recordings for quality assurance and training
• Use anonymized data to improve AI model performance
• Maintain conversation logs for customer support and troubleshooting

AI Data Security

• End-to-end encryption for all conversation data
• Secure cloud infrastructure with enterprise-grade protection
• Access controls and authentication for all AI system components
• Regular security audits and penetration testing
• Incident response procedures for data breaches

Customer Data Responsibilities

You are responsible for:

• Obtaining proper consent for AI processing of customer data
• Ensuring compliance with applicable data protection laws
• Providing accurate information about AI automation to your customers
• Implementing appropriate data security measures on your end

9. Service Termination

Termination by Customer

You may terminate your AI services at any time by:

• Providing 30 days written notice for ongoing service contracts
• Completing the termination process through your account dashboard
• Settling all outstanding payments and fees
• Following data export procedures if needed

Termination by TestZone Media

We may terminate or suspend your access immediately for:

• Material breach of these Terms or acceptable use policies
• Fraudulent activity or illegal use of AI services
• Non-payment of fees beyond grace periods
• Repeated violations of platform guidelines
• Threat to system security or other users

Effect of Termination

Upon service termination:

• AI service access will be discontinued immediately
• Outstanding fees remain due and payable
• Customer data will be retained per our data retention policy
• API access and integrations will be deactivated
• Certain provisions of these Terms will survive termination

10. Disclaimers and Warranties

Limitation of Warranties

To the maximum extent permitted by law, we disclaim:

• All implied warranties of merchantability and fitness for particular purpose
• Warranties that AI services will be uninterrupted or error-free
• Guarantees of specific business results or performance outcomes
• Warranties arising from course of dealing or trade usage

AI Service Limitations

You acknowledge that AI technology:

• May produce unexpected or inappropriate responses
• Requires continuous training and improvement
• Performance varies based on data quality and complexity
• Cannot replace human judgment in all situations
• May have inherent biases or limitations

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TestZone Media'S LIABILITY IS LIMITED AS FOLLOWS:

Exclusion of Damages

WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Business interruption or loss of goodwill
• Costs of procurement of substitute services
• Any AI-related errors, misunderstandings, or poor performance

Liability Cap

Our total liability for all claims shall not exceed the lesser of:

• INR 1,00,000 (One Lakh) per incident
• The amount paid by you in the 12 months preceding the claim

Customer Indemnification

You agree to indemnify TestZone Media from claims arising from:

• Your use of AI services in violation of these Terms
• Non-compliance with applicable laws and regulations
• Infringement of third-party intellectual property rights
• Your business practices and customer interactions
• Unauthorized use of our AI technology

12. Governing Law and Disputes

Governing Law

These Terms are governed by the laws of India without regard to conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Indore, Madhya Pradesh, India.

Dispute Resolution Process

Before initiating legal proceedings, we encourage informal resolution:

• Direct Contact: Contact our legal team at info@TestZone Media.com
• Negotiation Period: 30-day good faith negotiation period
• Mediation: Binding mediation if informal resolution fails
• Arbitration: Final resolution through arbitration under Indian Arbitration Act

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of any class, collective, or representative action.

13. Changes to Terms

We reserve the right to modify these Terms to reflect changes in our AI services, legal requirements, or business practices. We will:

• Post updated Terms on our website with a new "Last Updated" date
• Send email notifications for material changes affecting AI services
• Provide 30 days advance notice for significant changes to service terms
• Allow contract termination if you disagree with material changes
• Obtain additional consent where required by law

Your continued use of AI services after changes become effective constitutes acceptance of the updated Terms.

14. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, service agreements, and any AI-specific addendums, constitute the entire agreement between you and TestZone Media.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations without restriction, including to affiliates or in connection with business transfers.

Force Majeure

We are not liable for delays or failures in AI service performance due to circumstances beyond our reasonable control, including natural disasters, government actions, internet disruptions, or third-party service failures.

Survival

Provisions regarding intellectual property, confidentiality, limitation of liability, and dispute resolution survive termination of these Terms.