We updated the Dialmantra Terms of service on March 08, 2022
The Terms of Service (the "Terms") are set forth in the Collaberus Technologies Pvt Ltd ("Dialmantra", "We", "Us", "Our") gives user access to and use Our Services(s) ("You", "Your", "Yourself"). Collaborus Technologies Pvt Ltd. is the authorized representative of Dialmantra, and the operator or owner of the services.
To access and/or use our Services:
You must not use the Service if you do not agree to these Terms.
You and Us are referred to as Party and as Parties collectively.
The definitions of the capitalized terms are provided in Annexure-A
Customer may order Dialmantra Services by submitting electronically an Order in the format provided on the website or, for subsequent orders, via the Administrative Portal. The Order will identify the Services requested by Customer together with:
An Order will become binding when it is executed by the Customer and accepted by Dialmantra. The Services will begin on the Start Date, as identified in the applicable Order. Customer may purchase additional Services through Orders via the Administrative Portal.
As of the effective date, the term of this agreement will begin and last until the last order form is terminated or expires, unless it is terminated earlier as stipulated in its terms.
During the Subscription Term and subject to compliance with these Terms, You shall have the limited, non-exclusive, revocable right to access and use the Services for Your business communication purposes in accordance with your selected plan.
Your Account: Your access to and use of the Service(s) is limited to a specified number of individual users, as mentioned in the Order Form between Us and You. Each user is authenticated using unique login information such as login/username and password (“User Login”), and the User Login must be used by only one person.
We will not be liable if You use the Service(s) to call emergency services. You acknowledge that the Service(s) are not intended for these purposes. You understand and agree that the Services, which are provided over the Internet, may not be used to connect to Indian fixed line/mobile numbers, unless you have the necessary permissions or licenses under Indian law.
It is recommended that you always obtain the consent of the other party before recording any telephone calls. We offer the option for You to record calls as part of the Services.
We do not encourage the use of Our SMS capabilities via a virtual number, since SMS capabilities are only available in accordance with the regulations and restrictions of each country. Therefore, We do not encourage you to use SMS (for verification, transactional or promotional purposes) via a virtual number.
We may notify You that an activity or purpose is prohibited with respect to the Service(s). If we do this, You must immediately cease to use the Service(s) for the prohibited activity or purpose.
It is Your responsibility to ensure that any Customer Content that You transmit to Us complies with all applicable laws, proprietary rights, or privacy rights.
Demo or Trial account can be created to try Our Service(s) for a limited period and use. Our Terms and any other additional terms and conditions that we may specify are applicable on Trial accounts. We reserve the rights to terminate any Trial account and associated Service(s) during the Trial period and we will not be liable to You after termination of the Trial account.
Updates, enhancements, new features, or other changes to the Service(s) will also be subject to these Terms, and We reserve the right to roll out Updates at any time.
We reserve the right to change the features and functions of the Services, including their APIs, in the future, provided that the overall function of the Services does not materially degrade.
The Service(s) may temporarily be unavailable due to maintenance or a downtime scheduled for upgrades; in which case we shall use commercially reasonable endeavours to notify You in advance.
You may also request us to help You port the Dialmantra Numbers subject to such terms and conditions imposed by Us.
It is forbidden for You to use our Service(s) and You agree that We may terminate Your use of them
if you are in any of the following businesses:
PC support, printer fix services, airline ticket booking, traditional healer and spell casting,
customized computers, online toy store, instant email, SEO services, digital marketing services,
technical
support and antivirus services, web designing and online dating.
You may purchase and allocate Dialmantra Phone Numbers(Numbers) to your Account subject to compliance with the allocation requirements specified upon subscription to the Numbers. In particular, You are responsible for compliance with any requirements specific/related to Your country/or location.
Your allocated Number shall be activated within 7 (seven) working days from the date of purchase, subject to submission of all documentation requested by Us. You acknowledge and agree that even after submission of any initial documentation, we may request for changes, additional information and/or documentation. We shall not be liable for any delay in verifying Your Number caused by a third party and will not provide credit/refund for any such delays.
Provisioning of Numbers is subject to applicable rules and regulatory practices, which may change or be amended from time to time. We reserve the right to change the terms related to Numbers accordingly, including without limitation to impose or amend local residency requirements and/or to require the provision of further user information for continued access to the selected/defined Numbers.
Further, We reserve the right to block, cancel or suspend any Numbers/complete user account without notice
We will acknowledge Your request to port the Dialmantra Phone Number to a different service provider, provided Your Dialmantra Phone Number is active at the time of making such request.
Any request for number portability may take upto 15 (fifteen) working days from the date of request to process and we will not withhold any such request unreasonably.
You acknowledge that We shall not be liable for any delay in the porting of Your number caused by the third party and will not provide credit/refund for any such delays.
You acknowledge that it is required for Us to comply with applicable law while processing any porting request and We may deny a request if it is not in accordance with applicable law.
If You are an Unlimited Plan subscriber of the Service(s), then the following terms would be applicable:
Our unlimited plans shall be used only for
All incoming calls on standard numbers and premium numbers are subject to a fair usage limit of 1500 minutes and upon reaching this limit, the user shall be charged in accordance with the pricing as specified in the Dialmantra Global Number Charges;
You shall not engage in
To verify the user, We may request You to provide Us the following details/information for the account/number: holder’s/owner’s name, valid local ID documents, local address of business or residence (street, zip/area code, city, state/county and country), contact details like local phone number and email, IP address/range of IPs(if needed), business registration/incorporation documents where the User is a legal entity and any other relevant information (the "User Information"). Keeping the User Information updated is Your responsibility and You shall ensure that any User Information provided identifies the true user of that number/account.
When requested, You shall submit the User Information and all other relevant information concerning the services You are availing from Us within 24 hours. Apart from that, You are also requested to provide contact details of a representative responsible for handling requests from the law enforcement agencies and to communicate with Us.
Subscription Charges : Unless otherwise stated in an Order Form, the Subscription Charges are due in full and payable in advance when the services are subscribed by You. The Subscription Charges will be specified on Our Website (Dialmantra | Pricing and Plans) or in the Order Form. However, please take note that the Subscription Charges are subject to periodic revisions, however any such changes will be promptly communicated to You.
Other Charges: You may be invoiced an administrative fee of up to five hundred (500) USD per complaint of abusive or fraudulent usage of a Dialmantra Number/Service(s) in Your Account and/or per request for information made by a competent law enforcement authority. The administrative fee is a reimbursement for costs We have incurred, solely determined by Us.
Payment: You agree to provide the credit card information for billing purposes ("Payment Method"), and You represent and warrant that you are authorized to use the designated Payment Method and that You authorize our third-party payment processors to charge your Payment Method for the total amount of your Subscription Charges. We shall invoice You at the beginning of each month and all payments are due immediately upon the receiving of the invoice. In an Order Form, We may agree on a different payment method. We do not store your card information and the payment and card information is directly processed by the payment processor/merchant bank.
Charges: We shall invoice You at the beginning of each month and all payments are due immediately upon the receiving of the invoice. In an Order Form, We may agree on a different payment method. We do not store your card information and the payment and card information is directly processed by the payment processor/merchant bank.
Dispute of Payment: In the event that there is a dispute over the Subscription Charges, a request for such dispute shall be made by You within 7 (seven) days of receipt of the invoice, failing which it shall be deemed that there is no dispute concerning the Subscription Charges.
Refunds & Cancellation: All Subscription Charges are non-refundable unless otherwise stated in these Terms. For partial or non-use of the Service(s), no refunds will be issued. Credits provided by Us as part of an offer, promotion or other gesture will not be refunded. Credits are refunded only when the due/outstanding amount on due invoices is cleared.
Late Payments/Non-payment of Subscription Charges: You acknowledge that credit card payments are subject to the approval of the card issuer, and We will not be responsible for any reasons why a card issuer refuses to accept a payment. You will be notified if We do not receive payment towards Subscription Charges by the due date. Payment must be received within a maximum of seven (7) days from the date of Our notice. In the event of no payment being received within the foregoing time period, We reserve the right to take all reasonable and/or legal remedies available to us, including suspending Your access and use of the Service(s), until We receive payment as specified for the Subscription Charges and/or terminating Your account.
Other Terms: Subscription Charges exclude any applicable communications services or telecommunications provider fees or surcharges (e.g., carrier fees) including internet charges (collectively, "Communication Charges"). For billing purposes, you are responsible for all Communications Charges associated with your use of the Services. Airtime is billed in full-minute increments, and actual airtime and usage at the end of each call are rounded up to the next full-minute increment. You will be charged a full minute of airtime use for a fraction of a minute used during a call if pay per minute billing applies to your plan.
Applicable Taxes: Any taxes, levies, duties or similar governmental assessments, including value-added, sales, use, withholding or other taxes assessed by any local, state, provincial or foreign jurisdiction are not included in the Subscription Charges unless otherwise stated.
Termination by You: If We materially breach these Terms, you may terminate one or more of your Account(s), providing you provide advance notice of the breach and give Us no less than thirty (30) days to remedy the breach. In case of such termination We shall, refund the Subscription Charges for the remainder of the Subscription Term on prorated basis.
Suspension and Termination by Us: We may also suspend your access to and use of Your Account or the Service(s) if You violate these Terms in addition to late payment or non-payment of Subscription Charges. In case of violation of these Terms, you will be notified and provided with a period of fifteen (15) days ("Cure Period") to cure or cease such activities. If You fail to cure or cease such activities within the Cure Period or if We believe that such breaches cannot be fixed, Your Account will be terminated. Your Trial account may also be terminated. Also, We reserve the right to terminate Your Account at any time by written notice due to business reasons which shall include discontinuation of the Services.
Termination for Insolvency: A party may terminate these Terms with notice if the other Party becomes insolvent, makes or has made an assignment for the benefit of creditors, is the subject of an involuntary or voluntary bankruptcy initiated by or on behalf of such party (other than involuntary bankruptcy dismissals within sixty (60) days), or has a receiver or trustee appointed for substantially all of its property.
Effect of Terminating Your Account: Following the termination of Your Account either by Yourself or by Us, We shall delete all Customer Content in our possession within six (6) months of the date of effective termination ("Retention Period"). Within such Retention Period, You may export the Customer Content by writing to Us at contact@dialmantra.in. Further, all Dialmantra Numbers allocated to You shall be deactivated upon termination of Your Account. Additionally, all unused calling credits shall be cancelled and no refund shall be payable, unless otherwise agreed in writing by Us.
If You choose, or are provided, a user identification code, login, password, or any other piece of information as part of Our security procedures, you must treat these pieces of information as confidential. In the event that you fail to comply with any of these Terms, as determined by Us in Our reasonable opinion, We shall have the right to disable any of the user identification code or password, whether that was chosen by You or allocated by Us, at any given point of time. In the event that You fail to comply with any obligations under this clause, We will not be liable for any activity in Your Account, including any attempted or actual access or loss of data.
Confidentiality obligations: Each Party will protect the other's Confidential Information against unauthorized access, use, or disclosure in the same manner it protects its own Confidential Information. Except as otherwise expressly permitted pursuant to these Terms, each Party may use the other's Confidential Information only so as to exercise its respective rights and perform its respective obligations under these Terms. The company shall disclose such Confidential Information solely to those of its respective employees, representatives, and agents who need to know such Confidential Information for such purposes and who are bound for maintaining the confidentiality of, and not misuse the Confidential Information. This clause’s provisions shall supplant any non-disclosure agreement by and between the Parties that had entered prior to these Terms that would purport to address the confidentiality of Customer Content and in that case agreement shall have no force or effect in relation to Customer Content.
Security of Customer Content: To protect Customer Content, we will take suitable technical and organisational measures. The security mechanisms in place are meant to offer a level of protection commensurate with the risk of Processing Customer Content. Any accidental or unlawful destruction, loss, modification, unauthorised disclosure of, or access to the Customer Content processed by Us will be notified to You without undue delay.
We will process Customer Content in compliance with these Terms and Our Privacy Policy in order to offer, maintain, and enhance the Services, as well as to prevent or address any technical problems, or at Your request in connection with support requests.
You understand and accept that We Process any Personal Data on Your behalf and as a data processor in connection with the use of the Service by You, Your Users, and/or End Users.
You understand and agree that We may access or disclose information about You, Your Account, Users, and Customer Content in order to
We will fairly help You in completing Your obligations under applicable data protection legislation at your expense.
All server and network components, as well as the service(s), are provided "as is" and "as available." All stated and implied representations and the warranties, including any implied warranty of merchantability, suitability for a particular purpose, or non-infringement are excluded.
You recognise that we do not guarantee that access to the service(s) will be uninterrupted, timely, secure, error-free, or free of viruses or other malicious software because it is offered over the internet and numerous telecommunications networks, all of which are beyond our control.
To the fullest extent permitted by applicable law, neither party will be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, lost profits, revenue, sales, goodwill, use or content, impact on business or interruption of business, loss of savings, loss of business opportunity) caused, under any theory of liability, including, without any kind of limitation, tort, warranty, contravention of statutory duty, negligence or otherwise, even if the party was or has been advised as to the chances of such damages or could have foreseen such damages.
To the greatest extent permitted by applicable law, our aggregate liability, as well as that of our affiliates, officers, employees, agents, suppliers, and licensor, relating to the service(s), will be limited to fifty dollars (USD 50).
In jurisdictions where the exclusion of implied warranties or the limitation of liability for incidental or consequential damages is not permitted, our liability will be limited to the maximum extent permitted by law.
Regardless of anything else, we disclaim all liabilities with respect to the services provided during the trial period to the fullest extent permitted by law.
Indemnification by You: You agree to indemnify and hold Us harmless for any claim brought by a third party against Us, Our respective employees, officers, directors, and agents arising from Your acts or omissions in connection with these Terms, provided that
Except for the rights granted to You under section YOUR RIGHTS, all rights, titles and interests in and to all intellectual property and/or proprietary rights, title and interest in or related to the Service(s), including technologies, domain names, copyrights, patents, inventions, trademarks, trade secrets or technologies (collectively, "Intellectual Property Rights") shall belong to and remain exclusively with Us.
Ownership and rights to the Content(including Customer Content) provided by You to Us will belong to You. No ownership over such Customer Content will be claimed by Us. We shall have a right and license to incorporate into the Services or otherwise use any suggestions, enhancement requests, recommendations or other feedback received from You.
Right to re-use any and all know-how and technologies during implementation and provision of Service(s) is reserved by Us. Any other rights not expressly provided to You herein are reserved.
By using Third-party Services, you acknowledge and agree to be bound by the terms and conditions and privacy policies of such third parties. Also, We shall not be liable for Your access and implementation or use of such Third-party Services, and any data processed by such third parties that You provide. To ensure compatibility of any Third Party Services with Our Services is Your own responsibility. If you face any problems while using any Third Party Services, it is recommended that You contact the respective providers.
You may not assign this Agreement or any of its rights or obligations without Our prior written consent, whereas We may assign any of its rights and obligations without Your prior written consent. This Agreement binds and benefits the Parties, as well as their respective successors and permitted assigns.
Amendment: We reserve the right to change these Terms at any time, in which case the new Terms will supersede previous versions. We will notify You at least ten (10) days before the effective date of any amendments to these Terms, and Your continued use of the Service(s) following the effective date of any such amendment may be construed as Your acceptance of any such amendment by Us.
Severability; No Waiver: If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction, that provision will be modified and interpreted by the court to best achieve the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms will remain in effect. Our failure to exercise any right under or provision of these Terms does not imply that we have waived that right or provision.
Relationship of the Parties: The parties are independent contractors and they do not form a partnership, franchise, joint venture, agency, fiduciary relationship, or employment relationship as a result of these Terms.
Survival: All clauses which, by their nature are intended to survive, including without limitation Clauses Intellectual Property Rights, Charges and Payment, Term, Termination and Suspension, Confidentiality; Data Privacy and Security, Disclaimer of Warranties, Limitation of Liability, Indemnification, Miscellaneous, Definitions shall survive any termination of Our agreement with Yourself regarding the use of the Service(s). Termination does not limit either Party's liability for obligations incurred on or before the date of termination, or for any breach of These Terms.
Notices and Consent to Electronic Communications: All communications from Us under these Terms may be sent
Publicity Rights: You hereby grant Us a royalty-free, worldwide, transferable right to use Your trademark or logo on Our websites and/or marketing collateral to identify You as a customer.
Export Control: Each Party will comply with all current and applicable export control and economic sanctions that apply directly or indirectly to the Services, including, but not limited to, the United States of America and India. To export, re-export, or transfer the Services, you will have to obtain all licences and other authorizations required. Each Party certifies that they (and, in your case, Users) are not listed on any government prohibited/denied/unverified-party, sanction, debarment, or exclusion list (collectively, "Sanctions Lists"). Without prior government or other required official or legal authorization, you will not export, re-export, or transfer the Services to any organisation on any Sanctions List. In case you are placed on a Sanctions List, you will have to stop using the Services immediately. And, if an End User is placed on a Sanctions List, you will immediately restrict and delete that End User's access to the Services.
Governing Law and Dispute Resolution: The laws of the Republic of India will govern these Terms. You expressly agree to submit to the sole and exclusive jurisdiction of the courts in Delhi, India. Any disagreement, claim, or controversy arising out of or pertaining to these Terms, including the scope or applicability of these Terms to arbitrate, must be resolved first by arbitration mediated in accordance with the Arbitration and Conciliation Act, 1996. (including any subsequent amendments). The arbitration will be conducted in English and will take place in Delhi, India. The dispute will be handled by a single arbitrator whom the Parties will jointly appoint. The solitary arbitrator's ruling is final and binding on the Parties.
Entire Agreement: These Terms, along with any Order Forms, comprise the whole agreement between Us and You, and supersede any and all prior agreements between Us and You on the subject matter hereof. If the terms of any Order Form contradict with these Terms, the Terms will take precedence. In the event of a conflict between two Order Forms, the Order Form with the later date will prevail.
Force Majeure: We will not be liable for unavailability of the Service(s) caused by circumstances beyond Our reasonable control, including, but not limited to, acts of God, acts of government, acts of terror, or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the internet, unauthorised loss, distribution, or dissemination of Customer Content), or acts undertaken by third parties, includes without limitation also distributed denial Service attacks.
The following terms have the following meanings when used in these Terms in addition to terms described elsewhere in these Terms:
Account: means any accounts or instances created for access and use of the Services by You or on Your behalf.
API: means the application programming interfaces that is developed, activated, or licensed to Us that allows access to certain features being provided by the Service(s).
Dialmantra Numbers: means the phone numbers provided by Us to You as a part of the Services.
Confidential Information: means all information provided by one Party to the other Party that is labelled "confidential" (or with a similar legend) or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure and this information is in tangible form. Customer Content is considered Confidential Information for the purposes of these Terms. Despite the foregoing, Confidential Information does not include any information that
Customer Content: all electronic data, text, messages, call logs, contact information, personal data, or other materials submitted to the Services by You through Your Account in connection with Your use of the Services, including without limitation Personal Data of Users and End Users.
Documentation: means any written or electronic type of documentation, photos, video, text, or sounds that describe the functionality of the Service(s) that We give or make available to You or Your Users via the Service(s) or otherwise.
End User: Any person or entity other than You or Your Users with whom You engage using the Service is an End User (s).
GDPR: Means General Data Protection Regulation of the European Parliament(EU) on the protection of natural persons with regard to the processing of personal data and the free movement of such data.
Order Form: Any service order form or statement of work that specifies the Service(s) subscribed to, as well as specific features and functionalities in the Service(s) that You desire to use, and the Subscription Term.
Personal Data: is information on a live person who can be identified from the data alone or in combination with other information in the data controller's possession or likely to come into possession.
Processing/To Process: means any processing or set of operations on Personal Data, whether or not performed automatically, such as collection, recording, organization, storage, adaptation or change, retrieval, consultation, use, disclosure by transmission, distribution, or otherwise making available, re-arrangement or merger, blocking, deletion, or destruction
Service(s): means the cloud-based proprietary VoIP calling platform provided in the name of Dialmantra and accessible at https://www.dialmantra.in/, as well as any new services that We may introduce time to time which You may subscribe, or any updates, modifications, or improvements thereto, including, individually and collectively, the API and any Documentation.
Subscription Charges: All charges associated with Your Account and use of the Services.
Subscription Term: means the time period for which You have agreed to subscribe to the Service(s) specified in the applicable Order Form.
Third-party Service(s): shall refer to third-party application(s) or service(s) that integrate with the Service(s) via APIs.
User: means those who are authorized to use the Service(s), such as an Account administrator, agents, and other authorized users.
Website: refers to this website as well as any other websites that we own or operate.
Some of our plans include SMS services subscription. The SMS services will be governed by the guidelines mentioned in this section. Our aim is to prevent fraud, spam and phishing by being aligned with the regulatory guidelines.
The following policies apply to our SMS solutions and services via different mediums(App, web or API)
Some of Dialmantra plans include bundled SMS services with them. The SMS services can be used for person to person communication and must comply with the guidelines. The SMS services should not be used for automated messaging and spamming. The included SMS should adhere to Dialmantra Terms and Acceptable Use Policy.
Dialmantra does not provide high volume/automated SMS solutions.
You must have their express consent before sending an SMS message to any number. Outside of immediately responding to a received SMS, implied consent is not considered sufficient for SMS. Additionally, buying a list of "users who have opted in to SMS" is not acceptable either. SMS messages can only be sent if a user actively requests to receive them.
A consent can be obtained by simply explaining to a user on a web form that he/she is opting into SMS messages, or by asking them send a message about the same to your number. Use a double opt-in process that confirms their consent via SMS and validates their phone number.
Consent, opt-ins and opt-outs must be logged so that when asked for proof of the consent by regulatory bodies/government agencies, the same can be presented. Also, to help them audit the whole process.
Failure to ensure opt-in may result in your number or service being blocked or suspended by mobile carriers or Dialmantra.
Users must be able to opt out of SMS messages from you via text message. For opt-out requests, CTIA guidelines provide specific keywords such as STOP and UNSUBSCRIBE. Other methods of opt-out management may be necessary to avoid sending SMS to consumers who have opted out.
SMS is a great business tool and is included as a service with Dialmantra subscription. But, we prohibit many activities that may be labelled as undesirable by the regulatory authorities/government bodies.
Here is a list of some of the campaigns that are prohibited to use our SMS services:
Apart from the above mentioned campaigns, there are certain content strictly prohibited by us and using them may result in your service being blocked or suspended by the carriers or Dialmantra:
We reserve the right to modify this list to determine prohibited messages at our discretion.
In case of violation of rules and regulation (of Dialmantra or carrier or governing authorities), we can restrict your SMS services on our platform. Apart from that, you may be asked for some additional registrations with governing/regulatory bodies and charges. Violations can also attract fines and penalties or suspension or termination of the services. Customers are expected to be aware of time-to-time changes in policies before using SMS services and to adhere to them.