TERMS OF SERVICE

Effective Date: February 17, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and Zodiva Web Services Pvt Ltd ("Rolkol," "we," "us," or "our") governing your use of the Rolkol conversational AI platform and services (collectively, the "Services").

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BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

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1. Acceptance and Scope

1.1 Agreement

By creating an account, accessing the Platform, or using the Services, you accept these Terms, including our Privacy Policy, which is incorporated by reference.

1.2 Authority

If you are accepting these Terms on behalf of a company or legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

1.3 Arbitration Notice

By agreeing to these Terms, you agree that disputes will be resolved through binding arbitration on an individual basis, as detailed in Section 12.
 

2. Description of Services

2.1 Platform Overview

Rolkol provides a hosted conversational AI platform that enables customers to:

• Create and deploy AI-powered voice and chat agents

• Integrate with existing business systems via APIs

• Process customer interactions through natural language understanding

• Configure custom workflows, prompts, and knowledge bases

• Access analytics and conversation insights through a web dashboard

2.2 Technical Architecture

The Platform consists of orchestration layers that coordinate:

• Speech Recognition: Converting voice input to text

• Language Processing: Processing queries using large language models (LLMs)

• Voice Synthesis: Converting text responses to natural speech

• Integration Tools: Connecting with third-party systems and databases

2.3 Third-Party Providers

The Services integrate with third-party providers for specific capabilities. You may use our default providers or bring your own API keys. When using third-party services, you acknowledge that such providers' terms and privacy policies apply to their portion of the service delivery.
 

3. Account Registration and Security

3.1 Account Creation

To use the Services, you must:

• Provide accurate, current, and complete registration information

• Maintain and promptly update your account information

• Be at least 18 years of age or the age of majority in your jurisdiction

• Not be prohibited from using the Services under applicable law

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials

• All activities that occur under your account, whether authorized or not

• Immediately notifying us of any unauthorized access or security breach

• Not sharing your account or credentials with others

3.3 Account Suspension

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activities.
 

4. License and Usage Rights

4.1 Limited License

Subject to your compliance with these Terms, Rolkol grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes.

4.2 Restrictions

You agree not to:

• Copy, modify, reverse engineer, or decompile any part of the Services

• Access the Services to build a competitive product or service

• Remove, alter, or obscure any proprietary notices or branding

• Use the Services for any illegal, fraudulent, or harmful purpose

• Create AI agents that engage in harassment, fraud, deceptive practices, or impersonation without proper disclosure

• Make unsolicited marketing calls without prior express written consent (TCPA violation)

• Call numbers on Do Not Call registries without lawful exception

• Violate calling hour restrictions (8 AM - 9 PM in recipient's local time zone)

• Exceed rate limits or attempt to overwhelm system resources

• Extract data through scraping, crawling, or automated means (except via authorized APIs)

• Resell or sublicense the Services without written authorization

• Use the Services to process protected health information (PHI) or payment card data unless HIPAA-compliant mode or PCI-compliant mode is enabled

• Deploy AI agents that make decisions solely based on automated processing without human oversight where legally prohibited

4.3 Compliance with Laws

You agree to comply with all applicable laws and regulations, including:

Telecommunications Regulations:

• Telephone Consumer Protection Act (TCPA) - Prior express written consent for automated calls

• Telemarketing Sales Rule (TSR) - FTC telemarketing requirements

• Do Not Call Registry compliance - National and state registries (US)

• ACMA Do Not Call Register (Australia) - For Australian deployments

• Calling hour restrictions - 8 AM to 9 PM recipient local time (US), 9 AM to 8 PM (Australia)

Data Protection Laws:

• Digital Personal Data Protection Act (DPDP), 2023 (India) - Consent and purpose limitation

• General Data Protection Regulation (GDPR) (EU) - For EU data subjects

• Data protection and privacy laws in jurisdictions where you operate

• Anti-spam and electronic communications regulations

Industry-Specific Requirements:

• HIPAA (healthcare) - Only with HIPAA-compliant mode enabled and executed BAA

• GLBA (financial services) - Safeguards Rule compliance

• PCI DSS (payment processing) - Only with PCI-compliant mode enabled

• Sector-specific regulations applicable to your industry

AI-Specific Obligations:

• FCC Declaratory Ruling (February 2024) - AI-generated voices treated as artificial voices under TCPA

• Disclosure requirements - Clear identification that interactions are with an AI agent

• Algorithmic accountability - Ensuring AI decisions do not discriminate or violate individual rights

YOU ARE SOLELY RESPONSIBLE for ensuring your use of AI agents complies with all applicable laws. Rolkol provides compliance tools but does not guarantee your specific deployment meets all regulatory requirements.

5. Intellectual Property Rights

5.1 Your Content

You retain all ownership rights to content you upload, transmit, or create using the Services ("Your Content"). You grant Rolkol a worldwide, royalty-free license to host, process, and transmit Your Content solely to provide the Services.

5.2 Data Usage for Service Improvement

By default, aggregated and anonymized conversation data may be used to improve AI model performance, including latency optimization, interruption detection, and response quality. We do not use Your Content to extract customer-specific intelligence or personal information of end-users.

Customers can opt out of data usage for model training by enabling HIPAA-compliant mode in account settings.

5.3 Rolkol's Intellectual Property

The Services, Platform, technology, algorithms, models, software, designs, logos, and all related intellectual property rights belong exclusively to Rolkol and its licensors. These Terms grant you no ownership rights to the Services.

5.4 Feedback

Any suggestions, ideas, or feedback you provide regarding the Services ("Feedback") become the property of Rolkol. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and commercialize such Feedback without compensation or attribution.
 

6. Fees and Payment

6.1 Pricing

Services are provided on a subscription basis according to pricing published on our website. Fees are based on:

• Voice minutes processed

• Chat interactions handled

• Additional features and integrations enabled

• Support tier selected

6.2 Payment Terms

• Fees are charged in advance on a monthly or annual basis

• Payment is due upon invoice receipt

• All fees are non-refundable except as specified in Section 6.4

• We reserve the right to modify pricing with 30 days' notice

• Price changes do not affect your current subscription term

6.3 Usage Overages

You are responsible for all usage charges incurred through your account, including charges exceeding anticipated volumes. We do not automatically throttle incoming traffic unless configured by you.

6.4 Refund Policy

Refunds are available only if:

• We fail to provide the Services you have purchased

• Request is made within 7 days of the service date or purchase date

• Failure was caused by factors within our control

No refunds are provided for user error, change of mind, or factors outside our control.
 

7. Term and Termination

7.1 Term

These Terms commence when you first access the Services and continue until terminated by either party.

7.2 Termination by Customer

You may terminate your account at any time by providing written notice to support@rolkol.com. Termination does not entitle you to refunds for unused subscription periods.

7.3 Termination by Rolkol

We may suspend or terminate your access immediately if:

• You breach any provision of these Terms

• Your account is inactive for 12 consecutive months

• Providing the Services becomes unlawful or commercially impracticable

• Required by law enforcement or court order

7.4 Effect of Termination

Upon termination:

• Your license to use the Services immediately ceases

• Access to your account and data may be disabled

• We may delete Your Content after 90 days unless legally required to retain it

• Sections 5, 8, 9, 10, 11, and 12 survive termination
   

8. Warranties and Disclaimers

8.1 Customer Warranties

You represent and warrant that:

• You have all necessary rights to provide Your Content

• Your use of the Services complies with applicable laws

• Your Content does not infringe third-party intellectual property rights

• You will not use the Services for illegal or harmful purposes

8.2 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROLKOL DISCLAIMS ALL WARRANTIES, INCLUDING:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement

• That the Services will be uninterrupted, error-free, secure, or timely

• That defects will be corrected or that the Services are free from viruses

• As to the accuracy, reliability, or quality of AI-generated responses
   

9. Limitation of Liability

9.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROLKOL SHALL NOT BE LIABLE FOR:

• Indirect, incidental, consequential, special, or punitive damages

• Loss of profits, revenue, data, goodwill, or business opportunities

• Service interruptions or data loss

• Third-party claims arising from your use of the Services

• Damages exceeding the amount you paid us in the 12 months preceding the claim

9.2 Liability Cap

In no event shall Rolkol's total liability exceed the greater of: (i) ₹1000 (one thousand Indian Rupees), or (ii) the fees you paid in the 12 months before the claim arose.

9.3 Essential Purpose

These limitations apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow limitation of liability for consequential damages, so these limitations may not fully apply to you.
 

10. Indemnification

10.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Rolkol, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your breach of these Terms or violation of applicable laws

• Your Content, AI agent configurations, scripts, or prompts

• Communications, statements, or interactions conducted through your AI agents

• Calls made to individuals without proper consent or to numbers on Do Not Call registries

• Violations of the TCPA (statutory damages $500-$1,500 per violation), TSR, or telemarketing laws

• HIPAA violations arising from improper configuration or failure to execute Business Associate Agreement

• Privacy law violations including GDPR (up to 4% global revenue), DPDP Act (up to INR 250 crore), or CCPA

• Misuse of the Services, whether authorized by you or not

• Third-party claims arising from your AI agents' actions, statements, or decisions

• Intellectual property infringement related to Your Content or custom integrations

YOU ACKNOWLEDGE that TCPA violations can result in class action lawsuits with statutory damages per call, and that YOU are responsible for obtaining proper consent and maintaining Do Not Call compliance for all outbound campaigns.

10.2 Rolkol's Indemnification

Rolkol will defend and indemnify you against third-party claims that the Services, as provided by us, infringe valid intellectual property rights, provided you:

• Promptly notify us of the claim

• Grant us sole control of the defense and settlement

• Provide reasonable cooperation at our expense

This obligation does not apply to infringement caused by your modifications, unauthorized use, or combination of the Services with third-party materials.
 

11. Confidentiality

11.1 Confidential Information

Each party agrees to maintain the confidentiality of the other party's proprietary information, including technical data, business strategies, and customer information.

11.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available through no fault of the receiving party

• Was independently developed without access to confidential information

• Is required to be disclosed by law or court order
   

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of India, specifically the laws applicable in Karnataka state, without regard to conflict of law principles.

12.2 Informal Resolution

Before initiating formal proceedings, parties agree to attempt good faith informal resolution through a conference (in-person, phone, or video) within 45 days of written notice.

12.3 Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration administered under the Arbitration and Conciliation Act, 1996. Arbitration shall be conducted in Bangalore, Karnataka, by a single arbitrator.

12.4 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

12.5 Exceptions

Either party may seek equitable relief in court for intellectual property infringement, unauthorized access, or breach of confidentiality obligations.
 

13. General Provisions

13.1 Modifications

We may update these Terms from time to time. Material changes will be notified via email 30 days before taking effect. Continued use after changes constitute acceptance. If you do not agree to changes, you must discontinue use of the Services.

13.2 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to any successor entity in connection with a merger, acquisition, or sale of assets.

13.3 Severability

If any provision is found unenforceable, the remaining provisions shall remain in full effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

13.4 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

13.5 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Rolkol regarding the Services and supersede all prior agreements and understandings.

13.6 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, labor disputes, or government actions.

13.7 Export Compliance

You agree to comply with all applicable export control laws and regulations. You may not use the Services in violation of Indian export laws or embargoed countries.

13.8 Notices

All notices must be in writing and sent to:

For Rolkol:
Zodiva Web Services Pvt Ltd
Email: legal@rolkol.com
Support: support@rolkol.com

For Customers:
To the email address associated with your account.

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14. Contact Information

For questions, support, or legal inquiries:

General Support: support@rolkol.com
Legal Inquiries: legal@rolkol.com
Compliance Matters: compliance@rolkol.com
HIPAA/BAA Requests: hipaa@rolkol.com
Data Protection Officer: dpo@rolkol.com

Our platform includes Do Not Call Registry checking and consent management tools. For assistance, contact compliance@rolkol.com.

 

By using Rolkol's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.