1. Introduction & Agreement to Terms
Welcome to Nudgely. These Terms and Conditions ("Terms") govern your use of the Nudgely service ("Service"), an AI-powered voice call automation platform for wellness check-ins. The Service is operated by Jigyansu Rout ("I", "me", "my").
By signing up for or using the Nudgely Service, you agree that you have read, understood, and are bound by these Terms. If you do not agree with these Terms, you must not use the Service.
- Service Scope: These Terms cover your use of the Nudgely web platform, automated voice calls, reminder systems, and analytics dashboard.
- Legal Agreement: These Terms constitute a legally binding agreement between you and me under the Indian Contract Act, 1872.
- Age Requirement: You must be at least 18 years of age and capable of entering into a legally binding contract to use this Service.
- Updates to Terms: I reserve the right to modify these Terms at any time. I will notify you of any material changes via email or an in-app notification. Your continued use of the Service after such changes become effective constitutes your acceptance of the new Terms.
2. Account Terms
- Account Creation: To use Nudgely, you must register for an account and provide accurate and complete information, including your name, a valid email address, and a phone number.
- Account Security: You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You must notify me immediately of any unauthorized use or security breach. Sharing account credentials is strictly prohibited.
- User-Initiated Termination: You can terminate your account at any time through the "Delete Account" feature in the application.
- Termination by Nudgely: I reserve the right to suspend or terminate your account if you breach these Terms, misuse the Service, or engage in any prohibited activities.
- Effect of Termination: Upon termination, your right to use the Service will cease immediately, and your data will be handled as described in our Privacy Policy. Please refer to Section 4 for information on refunds.
3. Service Description and Use
Nudgely provides a Software-as-a-Service (SaaS) platform for creating and managing automated wellness calls.
- Core Features: The Service allows you to schedule wellness check-in calls, manage call recipients, create custom questions, and view analytics on call outcomes.
- AI Assistant: Calls are conducted by an AI assistant ("Meera AI"). You acknowledge that this AI has limitations and may not interpret all responses with perfect accuracy.
- Third-Party Infrastructure: The Service relies on third-party APIs and infrastructure, including cloud hosting from Amazon Web Services (AWS) and telephony services. While I strive for high availability, I cannot guarantee 100% uptime due to this reliance.
- Geographic Scope: The Service is intended for use within India.
4. Subscription Plans, Billing, and Refunds
Nudgely is offered on a subscription basis with different plans.
- Plan Tiers & Pricing:
- Free Plan: $0 - 2 flows, 2 calls/month, basic support
- Starter Plan: $20/month - 50 flows, 100 calls/month, priority support
- Pro Plan: $80/month - 200 flows, 500 calls/month, 24/7 support
- Billing Cycle: Subscriptions are billed on a monthly basis and will automatically renew unless you cancel your subscription before the end of the current billing period.
- Price Changes: I reserve the right to change subscription fees. You will be notified of any price changes at least 30 days in advance.
- Usage Limits: Your plan is subject to usage limits on calls and active flows. If you reach your monthly call limit, the Service will automatically block any further calls from being made from your account. Service will resume only if you upgrade your plan to one with a higher limit.
- Refund Policy: Subscription fees are non-refundable. If you terminate your account, you will not be issued a refund for any prepaid fees. If I terminate your account without cause, I may offer a pro-rated refund at my discretion.
5. User Responsibilities and Conduct
- Acceptable Use: You agree to use Nudgely for its intended purpose of legitimate wellness and personal check-ins.
- Recipient Consent: You are solely responsible for obtaining explicit consent from any individual ("Recipient") you schedule a call with through the Service. You represent and warrant that you have all necessary rights and permissions to contact the Recipients.
- Prohibited Activities: You agree not to use the Service for any of the following:
- Harassment, abuse, or making unwanted calls.
- Sending unsolicited marketing, promotional calls, or "spam."
- Any fraudulent, deceptive, or illegal purpose.
- Attempting to breach security measures or circumvent usage limits.
6. Call-Specific Terms
NOT FOR EMERGENCIES: The Nudgely Service is not a replacement for emergency services. It must not be used for urgent medical situations or to contact emergency services (e.g., by dialling 100, 101, 102, or 112). At present, the Service does not have any protocol to detect or act on crisis situations.
- Recording & Transcription: The Service records and transcribes calls. By using the Service, you affirm that you have informed and received consent from your Recipients for this recording and transcription. You acknowledge that transcriptions may contain errors.
- Recipient Rights: Recipients have the right to opt-out of receiving calls. If a recipient informs you or the AI agent that they no longer wish to be contacted, you must immediately remove them from your call lists.
7. Privacy and Data Protection
Your privacy is paramount. All data is handled in accordance with our Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy details the types of data collected, the security measures in place, and your rights as a Data Principal under India's DPDPA, 2023.
8. Intellectual Property
- Nudgely's IP: I own all rights, title, and interest in and to the Nudgely platform, software, and trademarks. I grant you a limited, non-exclusive, non-transferable license to use the Service according to your subscription plan.
- Your Content: You retain all ownership rights to the content you create (such as custom questions and recipient lists). You grant me a license to use this content for the sole purpose of operating and providing the Nudgely Service to you.
9. Disclaimers and Limitation of Liability
NO MEDICAL ADVICE: Nudgely does not provide medical advice, diagnosis, or treatment. The Service is an informational tool only. You and your Recipients should always consult a qualified healthcare professional for any medical concerns.
- "As Is" Service: The Service is provided on an "as is" and "as available" basis without any warranties, express or implied. I do not guarantee that the Service will be uninterrupted, error-free, or completely secure.
- Limitation of Liability: To the maximum extent permitted by Indian law, my total liability for any claim arising out of or relating to these Terms or the Service is limited to the amount you paid for the Service in the three (3) months preceding the event giving rise to the claim. I will not be liable for any indirect, incidental, consequential, or punitive damages.
- Indemnification: You agree to indemnify, defend, and hold me harmless from any claims, damages, liabilities, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your infringement of any law or the rights of a third party (including Recipient consent issues).
10. Dispute Resolution
- Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of India. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the courts of Bhubaneswar, Odisha.
- Informal Resolution: Before filing a formal claim, you agree to first attempt to resolve the dispute informally by contacting me at jigyanshu15@gmail.com.
11. Regulatory Compliance
You agree to use the Service in compliance with all applicable laws and regulations, including but not limited to the regulations set forth by the Telecom Regulatory Authority of India (TRAI) regarding commercial communications and the provisions of the Information Technology Act, 2000.
12. General Provisions
- Entire Agreement: These Terms and the incorporated Privacy Policy constitute the entire agreement between you and me regarding the use of the Service.
- Force Majeure: I will not be liable for any failure or delay in performance due to circumstances beyond my reasonable control, such as acts of God, natural disasters, war, or telecommunication network failures.
- Contact Information: For any questions about these Terms, please contact me at jigyanshu15@gmail.com.