Terms of service

1. Definitions and documents

1.1 "Service" means the Origin Platform and the AI products in your package (AI Front Desk, Revenue Engine, Voice Workforce, Customer Experience, Sales Workforce, Business Intelligence, Back-Office and Content Studio), their APIs, widgets and support. "Client Data" means data you or your end users put into the Service. "Order" means your plan selection in the app, an invoice, or a signed order form.

1.2 The agreement is made of: the Order; these terms; the Data processing agreement (DPA); the Acceptable use policy; the AI terms; the Service level agreement for eligible plans; and, only if signed after approval, the HIPAA business associate agreement. If they conflict, this order applies: signed Order, DPA (for personal data), BAA (for PHI), these terms, AI terms, SLA, Acceptable use policy.

2. Business use only

2.1 The Service is offered only to businesses, professionals and organisations, not to consumers. You confirm that you act for a business and that the person accepting has authority to bind it. [Counsel: confirm B2B-only position under the Consumer Protection Act 2019 and the Consumer Protection (E-Commerce) Rules 2020; Origin still publishes a grievance officer.]

2.2 Outside India, self-serve sign-up is for businesses with a VAT / GST / tax registration where one is required; we may ask for it before activating a paid plan.

3. The Service

3.1 We provide the Service in line with the Order and the documentation. We may improve or change features; we will not materially reduce a core feature of a paid plan during a paid period, except to comply with law or a platform rule (for example a Meta, Google or telecom rule), and we will tell you before such a change where we can.

3.2 Beta, preview or "coming soon" features are provided as-is, may change or stop, and are excluded from the SLA.

3.3 Third-party channels (WhatsApp, Instagram, telephony, SMS, email, CRMs, payment providers and others) are provided by their owners under their own terms. Their approval, availability, pricing and policy changes are outside our control.

4. Accounts and security

• Your main login manages your team within your seat limit. Keep credentials private, use single sign-on or two-step verification where offered, and tell us at once at hariprathish@originpixel.in about any misuse.
• You are responsible for activity under your logins and API keys, and for the settings you choose (for example consent text, calling windows, recording and retention).

5. Your data and your responsibilities

5.1 You own Client Data. You give us a limited licence to host, copy, process and display it only to provide, secure and support the Service, as set out in the DPA. We act as your processor for personal data in Client Data.

5.2 You are the data fiduciary / controller. You must have a lawful basis and any consent needed for the personal data you upload and for every message, call and recording made through the Service, and give the notices the law requires, including telemarketing, anti-spam and recording rules in each country you contact (for example TRAI TCCCPR and DLT registration in India, TCPA and state rules in the US, PECR in the UK, CASL in Canada).

5.3 Do not upload special categories of data (health, biometric, government ids, payment card numbers, children's data) unless the feature is designed for it and you have the legal basis. Protected health information under HIPAA may be processed only under a signed BAA.

5.4 We may use aggregated, de-identified statistics about use of the Service (never Client Data content) to run and improve it. We do not sell Client Data and do not use it to train AI models.

6. AI features

The AI terms apply. In short: AI output can be wrong and you must review it where it matters; AI agents always tell people they are AI; you stay responsible for decisions you make with AI output; and some uses are prohibited. Your data is not used to train AI models: each provider's no-training setting is enforced by the platform and listed on the AI systems page.

7. Fees, taxes and payment

7.1 Fees are as shown on Plans or in the Order. Prices on Plans exclude GST unless shown as inclusive; the total including tax is shown before you pay. Usage above plan limits (for example voice minutes or messages) is billed at the published rates or blocked, as you choose in the app.

7.2 Online plans renew automatically every month or year until you cancel. Before you pay we show the full price including GST and the renewal terms, and you agree to them with a tick. We email you before every automatic payment (at least 24 hours before, normally 3 days) and 30 and 7 days before a yearly renewal. Cancel at any time on the Billing and plan page with one click; the plan then ends at the end of the paid period and nothing more is charged. Payments in India follow the RBI rules for recurring payments: a renewal above Rs 15,000 needs your approval each time unless you pay by bank mandate; your plan keeps working while an approval is pending.

7.3 Invoices are due [on receipt / within 15 days] for invoiced plans. If payment fails or is overdue we may, after at least [7] days' notice, suspend the Service until paid. Late amounts may bear interest at [1% per month or the maximum allowed by law, whichever is lower].

7.4 Fees exclude taxes. Indian clients pay GST as invoiced. Clients outside India receive zero-rated export invoices under our LUT where applicable and account for local VAT / GST under reverse charge where the law requires. If the law requires you to withhold tax, you will gross up or provide a valid certificate [counsel: TDS position].

7.5 Refunds are covered by the Refund and cancellation policy. Duplicate or erroneous charges are refunded in full.

7.6 Card details are entered only on the payment provider's page (Razorpay or Stripe); we never see or store them. Your use of those payment methods is also subject to the provider's terms.

7.7 Outside India we sell online plans to businesses only. You give us your VAT, GST or similar tax number and account for any local tax under reverse charge.

8. Suspension

We may suspend all or part of the Service, with notice where practical and limited to what is needed, if: (a) payment is overdue after notice; (b) your use breaks the Acceptable use policy, the law or a platform rule and puts others, the Service or our numbers, sender ids or accounts at risk; (c) a regulator, telecom operator or platform requires it; or (d) there is a security emergency. We restore the Service once the cause is fixed.

9. Term and termination

9.1 The agreement starts when you accept it and continues while you have a plan (including a free trial).

9.2 You may cancel at any time in Billing. Either party may end the agreement on written notice if the other materially breaches it and does not cure the breach within [30] days, or becomes insolvent. We may end free plans and trials on [30] days' notice.

9.3 On termination your organisation moves to the export stage for [30] days, during which you can export Client Data; it is then deleted as described in the DPA, except what the law requires us to keep (for example invoices for 8 years under Indian tax law). Sections 5, 7 (for amounts due), 10 to 16 survive.

10. Confidentiality

Each party keeps the other's non-public information confidential, uses it only for this agreement and shares it only with people and sub-processors who need it and are bound by similar duties. This does not cover information that is public, already known, independently developed or received lawfully from someone else, or disclosure required by law (with notice where allowed).

11. Intellectual property

We own the Service, its software, model configurations, templates and documentation. You own Client Data and the output generated for you, to the extent the law allows ownership of AI output. Feedback you give may be used freely without obligation. You must not copy, resell (unless you are an approved partner), reverse engineer or build a competing product from the Service.

12. Warranties and disclaimers

12.1 We warrant that we will provide the Service with reasonable skill and care and will not materially decrease its security during a paid period. Your remedy for breach of this warranty is that we fix the problem or, if we cannot within a reasonable time, you may terminate and receive a pro-rata refund of prepaid fees for the unused period.

12.2 Except as stated, the Service is provided "as is". To the extent the law allows we exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that AI output is accurate, that messages or calls reach their recipients, or that third-party platforms remain available.

13. Indemnities

13.1 We will defend you against third-party claims that the Service, as provided by us, infringes their intellectual property, and pay resulting damages and costs finally awarded or agreed. We may modify the Service, get you a licence, or end the affected part and refund prepaid fees. This does not apply to claims caused by Client Data, your modifications or combinations, or use against these terms.

13.2 You will defend us against third-party claims and regulatory fines arising from Client Data, your messages and calls (including telemarketing, anti-spam, consent and recording claims), or your breach of the Acceptable use policy or the law.

13.3 The indemnified party must notify promptly, give control of the defence and reasonable help, and not settle without consent.

14. Limitation of liability

14.1 Neither party is liable for indirect, incidental, special or consequential loss, or loss of profits, revenue, goodwill or data (except our duty to restore from backups as described in the DPA).

14.2 Each party's total liability under the agreement in any 12 months is limited to the fees paid and payable by you in the 12 months before the event [counsel: consider a higher super-cap, for example 2x fees, for data protection breaches].

14.3 These limits do not apply to: your payment obligations; indemnities under section 13; breach of confidentiality; fraud; death or personal injury caused by negligence; or liability that cannot be limited by law.

15. Compliance

• Each party follows anti-bribery and anti-corruption law (including the Prevention of Corruption Act 1988, the UK Bribery Act 2010 and the US FCPA where applicable).
• You may not use the Service in, or for people in, countries or regions under comprehensive sanctions, or for parties on Indian, UN, US, EU or UK sanctions lists, and you will not export the Service in breach of export control law.
• Origin Pixel is an intermediary for content you send through the Service and follows the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including acting on lawful orders and grievances.

16. Governing law and disputes

16.1 Clients in India: Indian law governs. Disputes are first escalated between senior contacts for [30] days, then referred to arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator, seat and venue Chennai, in English. Subject to that, the courts at Chennai have exclusive jurisdiction, including for interim relief.

16.2 Clients outside India: [Option A] the laws of England and Wales, with arbitration under the [SIAC / LCIA] rules, seat [Singapore / London], one arbitrator, in English; or [Option B] Indian law with arbitration seated in Chennai under the Arbitration and Conciliation Act, 1996. [Counsel to choose the default and whether an Order may select the other.] Either party may seek urgent interim relief in any competent court.

16.3 Mandatory data protection rules of your country continue to apply (for example the governing law of the EU Standard Contractual Clauses in the DPA).

17. General

• Changes: we may update these terms. Material changes are announced by email and in the app at least 30 days before they take effect (sooner only where the law requires); you are asked to accept them in the app and may cancel before they take effect if you do not agree. Each accepted version is recorded with who accepted it and when.
• Force majeure: neither party is liable for delay caused by events beyond reasonable control (including outages of telecom operators, cloud providers or AI providers, and government action), except payment obligations.
• Assignment: neither party may assign without consent, except to a successor of its business on notice.
• Notices: to us at hariprathish@originpixel.in; to you at your main login's email and in the app.
• Subcontracting: we may use sub-processors listed on the Subprocessors page and remain responsible for them.
• Entire agreement, severability, no waiver, independent contractors, no third-party beneficiaries (except as stated in the DPA). Electronic acceptance is valid under the Information Technology Act, 2000.

18. Contact and grievance officer

Origin Pixel Solutions, Chennai, Tamil Nadu, India · hariprathish@originpixel.in · Grievance officer: see Grievance officer (grievance@originpixel.in). Our registered address and GSTIN are on the Contact page.