Terms of Service

1. Who this is between

These Terms of Service (the Terms) are an agreement between you and Aqeel Shamsudheen, trading as Wixzel, a sole proprietorship in India (Wixzel, “we”, “us”). They govern your use of Wixzel Phone: the API at api.phone.wixzel.com, the console at phone.wixzel.com, the documentation, and everything they let you do (together, the Service).

You accept the Terms by ticking the box when you create an account, by continuing with Google, or by using the Service at all. If you are accepting on behalf of a company, you confirm you may bind it, and “you” means the company. If you do not agree, do not use the Service.

The Acceptable Use Policy, the Privacy Policy, the Credits and Refunds policy and, where it applies, the Data Processing Addendum are part of the Terms.

2. What the Service is

Wixzel Phone is an API for building AI voice agents that make and receive telephone calls. It provides agents, knowledge bases, call control, phone-number and SIP-trunk registration, leads, campaigns, appointments, and per-second metered billing, and it routes audio through third-party speech and language models under our own accounts with those providers.

You bring the telephony. Calls are carried over a SIP trunk you obtain from a carrier of your choice. We do not sell, resell or mark up telephony, we are not a carrier, and your carrier’s terms apply to your numbers and your calls.

The Service is in alpha. It is deployed and usable, and it is also new. Features will change, some will be removed, and behaviour may differ from the documentation. Behavioural changes to the API ship behind a dated Wixzel-Version header, and an existing API key keeps the behaviour it was created with, but we cannot promise that any particular feature will continue to exist.

No emergency calls. The Service does not support calls to emergency services (such as 112, 911, 999 or 100) and must not be relied on for them. Do not configure it to place or receive such calls.

3. Accounts and API keys

• You must be at least 18 and able to enter into a contract. The Service is for businesses and developers, not consumers.
• You must give accurate details and keep them current. You must not create accounts to evade a suspension or a limit.
• API keys are credentials. Keep them secret, scope them narrowly, rotate them if you suspect a leak, and never embed them in client-side code. Everything done with your key is done by you.
• You are responsible for everyone who uses the Service through your account, including your customers and end users, and for making sure they follow these Terms.
• Tell us at aqeel@wixzel.com as soon as you learn of unauthorised use of your account or key. The console has a “sign out everywhere” control that revokes every session at once.

4. Credit, prices and payment

The Service is prepaid. You add credit, calls and other metered usage spend it, and you cannot be billed for more than you added, apart from a small grace margin (currently $0.50) that exists so a call is never cut mid-sentence by a rounding race between the meter and the ledger. That margin is not free credit and you must not budget against it.

Usage is metered per second of speech, per token and per character, at the rates shown on the pricing page, in the console and in the documentation. A call is priced when it is admitted and finishes on those rates; a price change never moves a running meter. We may change prices for future usage at any time by updating the published rates.

Payments are processed by Dodo Payments, which acts as merchant of record: it charges you, collects any applicable tax, and issues your receipt. Credit is added when the payment settles. Minimum and maximum top-ups, refunds of unused credit and billing disputes are governed by the Credits and Refunds policy.

Telephony charges from your carrier are yours and are not part of the Service’s pricing.

5. Your content and your data

You own the prompts, knowledge bases, contacts, recordings, transcripts and other material you put into the Service or that the Service produces for you (Customer Data). You grant us a licence to host, process, transmit and display Customer Data only as needed to provide the Service, to keep it secure, and to comply with law.

Customer Data is sent to the model providers you select (for example a speech-to-text, language or text-to-speech model) to process each call. Those providers are listed in the Privacy Policy. We do not use Customer Data to train models, and we do not sell it.

Where Customer Data includes personal data about other people — your callers, your contacts — you are the controller and we process it on your instructions under the Data Processing Addendum. You are responsible for having a lawful basis to collect it, to call those people, and to record them.

6. Calling, recording and the law

An API that places phone calls can break laws quickly. You are responsible for complying with every law that applies to your calls, in every jurisdiction your calls reach. In particular you must:

• obtain any consent the law requires before placing automated, pre-recorded or AI-driven calls, and honour do-not-call registries and opt-out requests (for example the TCPA and the National Do Not Call Registry in the United States, the TRAI regulations in India, and PECR and the GDPR in the United Kingdom and European Union);
• obtain consent to record where the law requires it — in some places from every party to the call — and tell callers when they are speaking to an AI where the law requires that;
• not spoof caller identity, impersonate a person or an organisation, or misrepresent who is calling;
• keep the records the law requires you to keep, and respond to the rights requests of the people you call.

The Acceptable Use Policy sets out the specific uses that are not allowed. We may suspend calling on an account immediately, without notice, where we reasonably believe it is being used unlawfully or is generating complaints.

7. Our property

The Service — its software, API, documentation, design and the Wixzel name and marks — belongs to us or our licensors. You get a limited, revocable, non-exclusive licence to use it as these Terms allow, and nothing else. You must not copy, reverse-engineer, resell or white-label the Service, or use it to build a competing service, except to the extent the law lets you regardless of this clause.

You may say that your product is built on Wixzel Phone. You may not suggest that we endorse it. Feedback you give us may be used without obligation to you.

8. Availability and support

We work to keep the Service available and we monitor it, but we make no uptime commitment during the alpha. Providers behind the Service fail, carriers fail, and so do we. An engine whose provider is degraded disappears from GET /v1/engines before your calls start failing, and if our own process fails mid-call you are charged for the seconds we can prove, not the amount reserved.

Support is by email at aqeel@wixzel.com on a best-effort basis.

9. No warranty

The Service is provided “as is” and “as available”, without warranty of any kind. To the fullest extent the law allows, we disclaim every warranty, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and that the Service will be uninterrupted, error-free or secure. AI-generated speech and text can be wrong, offensive or misleading; you are responsible for how you use the output and for any decision made on it.

10. Limitation of liability

To the fullest extent the law allows: we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or relating to the Service or these Terms, however caused and under any theory of liability, even if we were told they were possible.

Our total liability to you for everything arising out of or relating to the Service or these Terms is limited to the greater of (a) the amount you paid us for the Service in the three months before the event giving rise to the claim, and (b) US $100.

Nothing in these Terms limits liability that cannot be limited by law, including for fraud or for death or personal injury caused by negligence.

11. Indemnity

You will defend, indemnify and hold us harmless from any claim, demand, loss, fine, penalty or cost (including reasonable legal fees) arising out of or relating to: your calls and your use of the Service; Customer Data; your breach of these Terms or of the Acceptable Use Policy; or your violation of any law or of any third party’s rights, including telemarketing, recording, privacy and consumer-protection laws. This survives termination.

12. Suspension and termination

• You may close your account at any time from the Account page in the console, which deletes your Customer Data immediately, or by emailing aqeel@wixzel.com. Unused credit is handled under the Credits and Refunds policy.
• We may suspend or terminate your account, or restrict a feature, if you breach these Terms or the Acceptable Use Policy, if your use creates legal risk or abuse complaints, if a payment is reversed, or if the law requires it. We will tell you why unless the law or a safety concern prevents it.
• We may discontinue the Service or any part of it. During the alpha this may happen on short notice; we will make reasonable efforts to give at least 30 days’ notice for the Service as a whole and to let you export your data.
• On termination your right to use the Service ends, and we delete or anonymise Customer Data within 30 days except where we must keep it (for example billing records), as described in the Privacy Policy.

13. Changes to these Terms

We may update these Terms. The date at the top is the version in force. For material changes we will email the address on your account or show a notice in the console at least 14 days before they take effect, except where a change is needed urgently for legal or security reasons. Using the Service after a change takes effect means you accept it; if you do not, close your account before that date.

14. Governing law and disputes

These Terms are governed by the laws of India. Any dispute that we cannot resolve informally will be brought exclusively in the courts having jurisdiction over the Provider’s place of business in India, and you and we submit to their jurisdiction. Before starting proceedings, each of us agrees to write to the other and to attempt in good faith to resolve the dispute for 30 days.

15. General

• These Terms and the documents they incorporate are the whole agreement between you and us about the Service, and replace any earlier one.
• If any part is unenforceable, the rest stays in force. Not enforcing a right is not a waiver of it.
• You may not assign these Terms without our written consent. We may assign them to a successor of the business.
• Neither of us is liable for delay or failure caused by events outside our reasonable control, other than payment obligations.
• Notices to us go to aqeel@wixzel.com. Notices to you go to the email address on your account.