Terms of Service
The short version. Lumoscale gives you AI voice agents to take and make calls. You are responsible for who you call, what you tell them, and for getting the consents and giving the notices the law requires (recording, AI disclosure, do-not-call). Don’t use it to deceive, harass or spam people. You pay for usage through prepaid credits. We aim for a reliable service but AI can make mistakes, so review the results. Our liability is limited, and Indian law governs.
1. Agreement
These Terms are a binding agreement between Lumoscale, a sole proprietorship owned by Vamsi and based in India (“Lumoscale”, “we”), and the business or person that signs up for or uses the Service (“Customer”, “you”). By creating an account, signing an order form, or using the Service, you accept these Terms. If you accept for a company, you confirm you have authority to bind it.
The Service is for business use by people aged 18 or over. If you have a separate signed agreement or order form with us, it prevails over these Terms where they conflict. Our Privacy Policy forms part of these Terms.
2. The Service
Lumoscale provides a platform for AI voice agents that can answer inbound calls, place outbound calls, hold conversations, book appointments, transcribe and summarise calls, and connect to tools you configure, together with a dashboard, reporting and billing (the “Service”).
- AI is imperfect. Agents may mishear, misunderstand, or say something inaccurate. You are responsible for configuring instructions and knowledge carefully, testing before going live, monitoring calls, and reviewing outputs. Agents give no legal, medical, financial or other professional advice, and you must not present them as doing so.
- Not for emergencies. The Service must not be used to reach or replace emergency services, or for any use where a failure could endanger life or safety.
- Telecom dependence. Calls depend on carriers, networks and third parties we do not control. Call quality, connection and caller-ID display are not guaranteed.
- Changes and previews. We may improve, change or retire features. Features marked beta or preview are provided as is and may change or end at any time.
3. Accounts and security
Provide accurate information and keep it current. Keep credentials confidential, restrict access to authorised staff, and tell us immediately of any suspected unauthorised use. You are responsible for everything done under your account, including by your users and by any API keys, webhooks and integrations you set up, and including all call charges they generate.
4. Your call compliance responsibilities
You decide who is called, when, why, and what the agent says. You are solely responsible for complying with all laws that apply to your calls, in the location of both you and the person called. Lumoscale provides tools (such as configurable greetings, calling windows and a do-not-disturb list) but does not provide legal advice and does not make your use compliant. You must, at a minimum:
- Disclose the AI. Make clear at the start that the caller is speaking with an automated AI voice agent, and never claim or imply the agent is a human when asked.
- Handle recording lawfully. Record only where you have given the required notice and obtained the required consent. Some US states require the consent of all parties, and a call with someone in such a state can be covered even if you are elsewhere. If in doubt, disclose and obtain consent on every call.
- Hold valid consent for outbound calls. In the United States, the Telephone Consumer Protection Act (TCPA) and the FCC treat AI-generated voices as artificial voices, so marketing and automated calls generally require the recipient’s prior express written consent, and other automated calls require prior express consent. You must also comply with the Telemarketing Sales Rule, the National Do Not Call Registry, state telemarketing and “mini-TCPA” laws, permitted calling hours, and caller-ID and call-authentication rules.
- Follow India’s telecom rules. For calls in India, comply with the TRAI Telecom Commercial Communications Customer Preference Regulations, including scrubbing against the National Customer Preference Register (DND), any telemarketer registration and designated number-series requirements, calling-hour limits, and consent rules, as well as the DPDP Act and the Information Technology Act.
- Honour opt-outs immediately. Stop calling anyone who asks to stop, keep your do-not-disturb list current, and keep records of consent for as long as the law requires.
- Give privacy notices to the people you call and handle their requests as the data fiduciary or controller (see section 7).
- Use only telephone numbers, trunks and caller IDs you are entitled to use.
5. Acceptable use
You must not use, and must not allow anyone to use, the Service to:
- break any law or regulation, including the laws in section 4, or to call people who have not consented or who are on do-not-call lists where that is unlawful;
- deceive, defraud or mislead people, including scams, phishing, fake charities, false urgency, or impersonating a person, government, bank or other organisation;
- harass, threaten or abuse, or place calls at a volume or frequency intended to annoy, including unlawful debt-collection practices;
- clone or imitate a real person’s voice without that person’s documented consent;
- target or collect data from children, or collect payment card numbers, government IDs, passwords, or health, biometric or other sensitive data unless we have agreed in writing that you may and you have the required legal basis and safeguards;
- send election-related robocalls or other regulated political or unsolicited bulk calling except in full compliance with applicable law;
- reverse engineer, scrape, resell or white-label the Service without our written permission, probe or circumvent security, overload the platform, or use it to build a competing service;
- transmit malware, or content that is unlawful, hateful, sexually exploitative or infringes others’ rights;
- use the Service to train a competing AI model, or attempt to extract our prompts, models or non-public technology.
We may investigate suspected violations, remove content, block numbers or campaigns, and suspend or terminate access without notice where we reasonably believe there is a violation, legal risk, carrier or regulator complaint, or threat to the platform or others.
6. Fees, credits and billing
- Prepaid credits. Usage is charged against a prepaid credit balance in Indian rupees (INR) or US dollars (USD) at the rates on your order form or in your dashboard. Usage is metered by call time and features used, and each call’s charge is shown in your call records.
- Low balance. If your balance is insufficient, calls and campaigns may be paused or fail. You are responsible for keeping enough balance.
- Payment and taxes. Fees are exclusive of taxes. You pay GST, sales, use, VAT or withholding taxes that apply, except taxes on our income. Where withholding is required, you will gross up the payment unless the law forbids it.
- Refunds and expiry. Credits are non-refundable and non-transferable except where required by law or agreed in writing. Unused credits roll over to the following month if you top up or continue your plan for that month. If you do not, unused credits expire at the end of the month.
- Disputes. Tell us within 30 days of a charge you dispute. We will investigate in good faith and correct genuine errors by adjusting credits.
- Price changes. We may change prices for future usage on 30 days’ notice. Continuing to use the Service after the change means you accept it.
- Third-party costs. You are responsible for your own telecom carrier, phone number and third-party service charges unless we have said we include them.
7. Customer data and privacy
Your data. As between us, you own the content you put into the Service and the call data it generates for you, including recordings, transcripts, lead and appointment data and configurations (“Customer Data”). You give us a limited licence to host, process and transmit Customer Data to provide, secure and support the Service, and to create aggregated or de-identified statistics that do not identify you or any individual.
Our roles. For personal data of the people you call or who call you, you are the data fiduciary / controller / business and we are your data processor / service provider. We process it only on your instructions as set out in these Terms and the Privacy Policy, keep it confidential, apply appropriate security, use sub-processors under written terms, help you respond to individuals’ requests, tell you of a breach without undue delay, and delete or return it at your request or on the retention schedule after termination. You must have a lawful basis and give all required notices for the data you give us or collect through the Service. A signed data processing addendum is available on request.
Retention. By default, call records and lead data are deleted after 90 days and recordings after 30 days, and you may change these periods in your workspace. You are responsible for exporting anything you need before deletion. Deleted data cannot be recovered.
8. Third-party services
The Service works with third parties, such as carriers, calendar and scheduling tools, CRMs, and webhooks or custom tools you connect, as well as AI and infrastructure providers we use. You are responsible for your accounts and agreements with them and for what data you send them. We are not responsible for their services, and your use of them is subject to their terms. If a third party changes or withdraws a service, we may need to change or discontinue the related feature.
9. Intellectual property and feedback
We and our licensors own the Service, its software, models we build, designs and documentation, and all related intellectual property. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during the term for your internal business purposes. You keep your own trademarks and content and give us permission to use them only as needed to provide the Service. If you send us suggestions, you allow us to use them freely without obligation. Neither party may use the other’s name or logo in publicity without written consent, except that we may name you as a customer if you agree.
10. Disclaimers
The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy of AI output, uninterrupted or error-free operation, and that calls will connect, be answered or produce any business result. We do not guarantee any particular number of leads, bookings or sales. Nothing here excludes warranties that cannot be excluded by law.
11. Limitation of liability
- To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill, data or business opportunities, even if warned of the possibility.
- Our total liability for all claims arising out of or relating to the Service and these Terms in any twelve-month period is limited to the fees you paid to us in the 12 months before the event giving rise to the claim.
- Fines, penalties, statutory damages, claims or settlements arising from your calls (including under the TCPA or telecom rules) and from your breach of section 4 or 5 are your responsibility and are not limited by this section as against you.
- These limits do not apply to liability that cannot lawfully be limited, including for fraud, wilful misconduct or death or personal injury caused by negligence, nor to your payment obligations.
12. Indemnity
You will defend, indemnify and hold harmless Lumoscale, its affiliates, directors, employees and providers against claims, losses, liabilities, fines, damages and reasonable legal fees arising from (a) your Customer Data, instructions and use of the Service; (b) your breach of these Terms; (c) your violation of law, including consumer-protection, telemarketing, recording, TCPA and privacy laws; and (d) claims by people you call or record. We will give you prompt notice, reasonable cooperation at your cost, and control of the defence, but you may not settle in a way that admits fault for us without our consent.
13. Term, suspension and termination
- These Terms last while you use the Service. You may stop at any time by ceasing use and asking us to close your account.
- We may suspend or terminate for breach, non-payment, legal or carrier requirements, or risk to the platform, and may end the Service on 30 days’ notice for convenience.
- On termination your right to use the Service ends, and we will delete Customer Data under our retention schedule after giving you a reasonable chance to export it. Unused credits are handled under section 6.
- Sections that by nature should survive (including payment, data, intellectual property, disclaimers, liability, indemnity and governing law) survive termination.
14. Governing law and disputes
These Terms are governed by the laws of India, without regard to conflict-of-law rules. The parties will first try to resolve any dispute through good-faith discussion for 30 days. Any dispute that is not resolved will be finally settled by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator, seated in Bengaluru, India, conducted in English. The award is final and binding. Subject to that, the courts at Bengaluru, India have exclusive jurisdiction, and either party may seek urgent injunctive relief from a court of competent jurisdiction to protect its intellectual property or confidential information. Claims must be brought within one year of arising, to the extent the law allows. The UN Convention on Contracts for the International Sale of Goods does not apply.
15. General
- Changes. We may update these Terms. We will post the new date and notify you of material changes by email or in the dashboard at least 15 days before they take effect. Continued use means acceptance, and if you do not agree you must stop using the Service.
- Notices. We may send notices to your account email or dashboard. Notices to us go to contact@lumoscale.com.
- Assignment. You may not assign these Terms without our consent. We may assign them in a merger, acquisition or sale of assets.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including carrier or cloud outages, natural disasters, war, government action and internet failures.
- Export and sanctions. You will not use the Service in violation of applicable export control or sanctions laws.
- Entire agreement; severability; waiver. These Terms, any order form and the Privacy Policy are the entire agreement. If a provision is unenforceable, the rest remains in force. A failure to enforce is not a waiver. There are no third-party beneficiaries, and the parties are independent contractors.
16. Contact
Lumoscale (sole proprietorship of Vamsi), India
Legal notices: contact@lumoscale.com
Billing and support: contact@lumoscale.com
Privacy: contact@lumoscale.com
Lumoscale