TERMS OF SERVICE — SCALYSIS AI
Effective Date: April 11, 2025
Last Updated: April 11, 2025
1. Acceptance of Terms
By accessing or using the Scalysis AI platform, website, APIs, or any associated services (collectively, the "Services"), you ("Merchant" or "you") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
If you do not agree to these Terms, you may not access or use our Services.
2. Description of Services
Scalysis AI provides an AI Voice Agent platform that enables Merchants to conduct outbound communications — including automated voice calls and WhatsApp messages — with their end customers. Use cases supported by the platform include, but are not limited to:
Abandoned cart recovery
Cash on Delivery (COD) order confirmation
Non-delivery report (NDR) follow-up
Return-to-origin (RTO) resolution
Reorder nudges and post-purchase engagement
Scalysis provides Services as a technology intermediary and acts as a data processor on behalf of Merchants.
3. Eligibility & Account Registration
You must be at least 18 years of age and a registered business entity to use our Services. By registering, you represent that:
All information you provide is accurate, current, and complete
You have the legal authority to enter into these Terms on behalf of your business
Your use of the Services will comply with all applicable laws and regulations
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
4. Merchant Responsibilities
As a Merchant using the Scalysis platform, you agree to:
4.1 Lawful Use of Contact Data
You represent and warrant that all contact data (including phone numbers and WhatsApp numbers) uploaded to the Scalysis platform has been collected lawfully, that you have the right to contact the individuals on your list, and that such contacts have not opted out of receiving communications from you.
4.2 Compliance with Applicable Law
You are solely responsible for ensuring that your use of the Services complies with all applicable laws and regulations, including but not limited to:
The Information Technology Act, 2000 and its amendments
Telecom Regulatory Authority of India (TRAI) regulations on unsolicited commercial communications
The Consumer Protection Act, 2019
WhatsApp Business Policy and Meta's Acceptable Use Policy
Any other laws applicable to your business or industry
4.3 WhatsApp Business API Usage
Where WhatsApp messaging services are used, you agree to comply with Meta's WhatsApp Business Policy at all times. You may only send messages for permitted use cases as defined by Meta. You may not use Scalysis to send spam, misleading content, or messages that violate WhatsApp's terms. Scalysis reserves the right to suspend WhatsApp messaging services on your account if your usage is flagged by Meta or found to be in violation of applicable policies.
4.4 Content Responsibility
You are responsible for all content communicated through AI Voice Agents and WhatsApp messages deployed on your behalf. You must not instruct Scalysis to communicate content that is false, misleading, defamatory, abusive, harassing, or otherwise unlawful.
4.5 Customer Opt-Out Compliance
You must ensure that opt-out requests received through the Scalysis platform are reflected in your customer database and that opted-out contacts are not re-uploaded for future campaigns.
5. Prohibited Uses
You may not use the Scalysis platform to:
Contact individuals who have opted out of communications or are registered on the National Do Not Call (NDNC) Registry without their subsequent consent
Send unsolicited promotional messages that violate TRAI regulations
Transmit content that is unlawful, fraudulent, threatening, abusive, defamatory, or obscene
Impersonate any individual, company, or entity in a misleading or harmful manner
Violate any third party's intellectual property rights
Engage in any activity that disrupts, damages, or interferes with the Scalysis platform or its infrastructure
Circumvent any security, access control, or rate-limiting measures implemented by Scalysis
Use the platform for any purpose other than legitimate business communications with your own customers
6. Intellectual Property
All rights, title, and interest in and to the Scalysis platform — including its software, architecture, AI models, user interfaces, branding, and documentation — are and shall remain the exclusive property of Scalysis AI. These Terms do not grant you any ownership rights in the platform.
You retain ownership of your own data, including contact lists, order data, and campaign content uploaded to the platform. By using our Services, you grant Scalysis a limited, non-exclusive licence to process your data solely for the purpose of delivering the Services.
7. Confidentiality
Each party agrees to keep confidential any non-public information received from the other party in connection with these Terms ("Confidential Information"), and to use such information solely for the purposes of performing obligations or exercising rights under these Terms. This obligation does not apply to information that: (a) is or becomes publicly available through no breach of these Terms; (b) was independently developed by the receiving party; or (c) must be disclosed by law or regulatory order.
8. Fees & Payment
Scalysis services are provided on the basis of a subscription or usage-based commercial agreement entered into separately between Scalysis and each Merchant. Payment terms, billing cycles, and applicable fees are as set out in your commercial agreement. Scalysis reserves the right to suspend access to the Services for non-payment after reasonable notice.
9. Disclaimers
The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Scalysis disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
Scalysis does not warrant that:
The Services will be uninterrupted, error-free, or free from security vulnerabilities
Call delivery rates or message delivery rates will meet any specific threshold
AI-generated voice or language output will be free from errors in all cases
10. Limitation of Liability
To the maximum extent permitted by applicable law, Scalysis AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services, including loss of revenue, loss of data, or business interruption, even if advised of the possibility of such damages.
Scalysis's total aggregate liability to you for any claim arising out of or related to these Terms shall not exceed the total fees paid by you to Scalysis in the three (3) months immediately preceding the event giving rise to the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Scalysis AI and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) any content or data you upload to or transmit through the platform.
12. Term & Termination
These Terms remain in effect for the duration of your use of the Services. Either party may terminate access to the Services upon written notice if the other party materially breaches these Terms and fails to cure such breach within 14 days of written notice.
Scalysis may immediately suspend or terminate your access to the Services without notice if: (a) your account is used in violation of Section 5 (Prohibited Uses); (b) your usage violates Meta's WhatsApp Business Policy and results in a platform-level restriction; or (c) continued access poses a legal, regulatory, or reputational risk.
Upon termination, your right to access the Services ceases immediately. Scalysis will delete your data in accordance with the retention schedule outlined in our Privacy Policy.
13. Governing Law & Dispute Resolution
These Terms are governed by the laws of India. Any disputes arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be subject to the exclusive jurisdiction of the courts of Delhi, India.
14. Changes to These Terms
Scalysis reserves the right to update these Terms at any time. When we do, we will revise the "Last Updated" date at the top of this page and notify Merchants via email or through the platform. Continued use of the Services after such notification constitutes your acceptance of the updated Terms.
15. Contact Us
For any questions regarding these Terms:
Company: Scalysis AI (a product of BlenderHouse Pvt. Ltd.)
Email: contact@scalysis.com
Registered Address: BlenderHouse Pvt. Ltd. Near Pretty Day Apartments, Sainik Colony, Sector D Extension, Jammu, Jammu & Kashmir, India — 180011