Terms of Service

Effective date: 2 July 2026. These Terms are a binding agreement between Vistraal ("Naadham", "we") and the organisation that creates an account ("Customer", "you"). By creating an account, clicking accept, or using the services, you agree to them on behalf of your organisation and confirm you have authority to do so.

1. The service

Naadham provides an AI-powered front-desk service: answering inbound calls, holding automated conversations, booking appointments from schedules you provide, messaging channels, dashboards, and APIs (together, the "Services"). We may improve or modify features; we will not materially degrade the core Services during a paid term without notice.

2. Accounts & eligibility

You must provide accurate registration information, keep credentials confidential, and are responsible for all activity under your account and API keys. Accounts are for organisations, not consumers; you represent that you use the Services for business purposes. Staff roles you create are your responsibility. Notify us immediately of any suspected unauthorized access.

3. Your responsibilities (read this section carefully)

  1. Lawful basis for calls & messages. For every outbound call or message you initiate or schedule through the Services, you are solely responsible for having the recipient's valid consent or another lawful basis under the laws that apply to you (e.g. TRAI/TCCCPR in India, TCPA/TSR in the US, PECR in the UK). Placing a call through the Services is your representation that such basis exists. Naadham's built-in consent, do-not-call and calling-window enforcement are compliance aids, not legal advice, and do not shift this responsibility.
  2. Accuracy of your content. The AI answers from the configuration, FAQs, schedules and instructions you provide. You are responsible for their accuracy and legality (including pricing, medical-practice information and appointment availability).
  3. Your patients' data. You are the controller/data fiduciary of your patients' and callers' personal data; you must provide any legally required notices to them (e.g. that calls are handled by an AI system and, if you enable recording, that calls are recorded) and obtain any consents your law requires.
  4. Recording laws. If you enable any recording feature, you are responsible for compliance with all-party-consent laws in your jurisdictions.
  5. No emergency use. See §5 — you must not hold the Services out as capable of handling emergencies, and you must maintain an alternative channel for urgent patient matters.

4. Acceptable use

You must not, and must not permit anyone to: use the Services for unlawful, deceptive, harassing, or fraudulent calls or messages; spoof caller identity; call numbers on any applicable do-not-call registry without a lawful basis; use the Services to provide medical diagnosis or treatment advice; attempt to make the AI impersonate a human when asked if it is one; probe, disable or circumvent security or rate limits; resell the Services except under a written partner agreement; use the Services to build a competing dataset; exceed reasonable usage designed for your own patient traffic; or upload malicious code. We may suspend the Services immediately for violations that risk harm, fraud, carrier penalties, or legal exposure, with notice and an opportunity to cure where practicable.

5. EMERGENCY SERVICES — IMPORTANT

The Services do not support emergency calls. The AI receptionist cannot place or receive calls to emergency services (such as 112, 108, 911 or 999), cannot dispatch help, and must not be relied upon for emergencies or urgent medical situations. You must ensure your patients have and are informed of an alternative means of reaching emergency and urgent care. The AI is configured to redirect urgent-sounding callers to human channels, but this is a best-effort aid, not a safety system.

6. Not a medical device; no medical advice

The Services provide administrative front-desk functions only (answering, scheduling, messaging). The AI is designed and instructed not to give medical advice, diagnosis or triage, and Naadham is not a healthcare provider, medical device, or clinical decision tool. Clinical responsibility remains entirely with you and your practitioners.

7. Fees, prepaid minutes & taxes

The Services are prepaid: you purchase minute packs at the prices shown at purchase. Minutes are consumed by connected call time (and equivalent usage units for other channels) as metered by our systems, which are authoritative absent manifest error. Prepaid minutes expire 12 months after purchase if unused, are non-transferable between organisations, and free/trial/promotional minutes carry no cash value. Prices may change prospectively; already-purchased minutes are honored. Taxes (GST/VAT/sales tax) are added where applicable; you are responsible for withholding taxes if any apply. Refunds are governed by the Refund & Cancellation Policy, which forms part of these Terms.

8. Phone numbers & telephony

Phone numbers we assign remain part of our carrier inventory and may require replacement due to carrier/regulatory events (we will give notice and reasonable migration help; number portability is subject to carrier rules). You must comply with carrier and numbering-authority rules. Telephony quality depends on carriers and networks outside our control.

9. Intellectual property

We own the Services, software, models' orchestration, and all improvements. You own Your Content: your configuration, schedules, FAQs, and your call data (transcripts, bookings, contacts). You grant us a non-exclusive licence to process Your Content solely to provide and secure the Services, comply with law, and produce anonymized, aggregated service metrics that do not identify you or any individual. We do not use Your Content to train AI models. Feedback you volunteer may be used without restriction. "Naadham" and our logos are our marks; no rights are granted except as stated.

10. Data protection (DPA)

Where we process personal data of your patients/callers on your behalf, we do so as your processor/service provider strictly per your instructions, applying the technical and organisational measures described in our trust page and DPA annexes. We flow down equivalent obligations to the subprocessors listed (you consent to those listed; we give 30 days' notice of additions with a right to object on reasonable grounds). We assist with data-subject requests (self-service export and erasure tools are provided in-product), notify you without undue delay of personal-data breaches affecting Your Content, and on termination delete or return Your Content within 90 days (excluding legally required records and suppression lists). For UK/EEA customers the UK Addendum/EU SCCs are incorporated for international transfers. A signable standalone DPA/BAA is available for enterprise customers: [email protected].

11. Confidentiality

Each party will protect the other's non-public information with at least reasonable care and use it only to perform under these Terms, for the term plus 3 years (trade secrets: as long as protected). Compelled disclosures are permitted with notice where lawful.

12. Warranties & disclaimers

WE WARRANT THAT WE PROVIDE THE SERVICES WITH REASONABLE SKILL AND CARE. OTHERWISE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE ABOVE: AI OUTPUT IS PROBABILISTIC AND MAY BE INACCURATE OR INCOMPLETE — YOU MUST REVIEW TRANSCRIPTS AND BOOKINGS AND NOT RELY ON THE AI FOR ANY CLINICAL PURPOSE; WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, THAT CALLS WILL ALWAYS CONNECT, OR ANY PARTICULAR BUSINESS OUTCOME (INCLUDING APPOINTMENT VOLUME).

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; (B) EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES IS CAPPED AT THE AMOUNTS YOU PAID TO NAADHAM IN THE 6 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (OR ₹10,000 IF NO AMOUNTS WERE PAID). THESE LIMITS DO NOT APPLY TO: YOUR PAYMENT OBLIGATIONS; YOUR INDEMNITY IN §14; EITHER PARTY'S GROSS NEGLIGENCE, FRAUD OR WILFUL MISCONDUCT; OR LIABILITY THAT CANNOT BE LIMITED BY LAW. THE PARTIES AGREE THIS ALLOCATION OF RISK IS REFLECTED IN THE PRICING.

14. Indemnity

By you: you will defend and indemnify Naadham against third-party claims, regulatory fines and carrier penalties arising from (a) your breach of §3 or §4 (including calls or messages lacking a lawful basis, recording-law violations, and content you supplied), (b) Your Content, or (c) your patients' claims relating to your provision of healthcare. By us: we will defend and indemnify you against third-party claims that the Services, as provided by us and used per these Terms, infringe their intellectual-property rights, and will remedy any such infringement (modify, procure rights, or refund unused prepaid amounts). Standard conditions apply (prompt notice, control of defence, cooperation).

15. Term, suspension & termination

These Terms apply while you have an account. You may stop using the Services and delete your account at any time (self-service). We may suspend immediately for §4 violations, non-payment, security risk, or legal/carrier requirement, and may terminate for material breach uncured 15 days after notice, or on 60 days' notice if we discontinue the Services (with a pro-rata refund of unused paid minutes in that case). On termination: your access ends, and data deletion/return follows §10. Sections that by nature survive (7, 9–14, 16–18) survive.

16. Trials, betas & service changes

Free trials and beta features are provided as-is, may be modified or withdrawn at any time, and are excluded from any service commitments. We may update these Terms; material changes take effect 15 days after notice (email or console), and continued use is acceptance. The version history is preserved in our public repository.

17. Governing law & disputes

These Terms are governed by the laws of India. Disputes will first be attempted to be resolved amicably within 30 days of written notice; failing that, they will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator, seat and venue [CITY, e.g. Hyderabad], language English; courts at [CITY] have exclusive jurisdiction for interim relief and matters not arbitrable. Nothing prevents either party from seeking injunctive relief for IP or confidentiality breaches in any competent court. For customers outside India, mandatory consumer/local-law protections that apply to you notwithstanding a choice of law remain unaffected.

18. General

Force majeure (including carrier, cloud and upstream AI-provider outages beyond our reasonable control) excuses affected performance. You may not assign without our consent (except to an affiliate or in a merger/asset sale with notice); we may assign to an affiliate or acquirer. Export/sanctions laws apply to your use. No partnership or agency is created. Notices: to your account email, and to ours at [LEGAL EMAIL]. If a provision is unenforceable it is modified to the minimum extent necessary. These Terms plus the Privacy Policy, Refund Policy, order forms and any signed DPA/MSA are the entire agreement; in conflict, a signed agreement prevails. We may reference your organisation name and logo as a customer with your consent, revocable anytime.