Terms of Service

1. Description of Service

Converc provides a website-embedded calling widget that enables real-time audio and video communication between website visitors and representatives of a business ("Customers").

We act as a technology platform only and do not control, monitor, or participate in the content of calls unless explicitly stated.

2. Eligibility

You must be at least 18 years old to use the Service.

By using Converc, you represent that you have the legal authority to enter into this agreement.

3. Accounts and Access

• Customers are responsible for maintaining the confidentiality of their account credentials.
• You are responsible for all activity that occurs under your account.
• You agree not to share access credentials with unauthorized users.

4. License to Use the Service

Subject to your compliance with these Terms and payment of applicable fees, Converc grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and to embed the widget on websites you own or control, solely for your internal business purposes. You may not sublicense, resell, or make the Service available to third parties except as expressly permitted.

5. Usage and Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation
• Harass, abuse, threaten, or harm others
• Transmit illegal, offensive, or harmful content
• Record calls without proper consent where required by law
• Attempt to reverse engineer, disrupt, or misuse the platform

We reserve the right to suspend or terminate accounts that violate these rules.

6. Call Data and Communication

• Call metadata (such as duration, timestamps, participants, and usage metrics) may be stored for billing, analytics, and service improvement.
• Audio/video streams are transmitted securely using third-party real-time communication infrastructure.
• Call recordings, if enabled by the Customer, are the Customer's responsibility and subject to applicable consent laws.

7. Emergency Services Limitation

The Service is not a telephone service and does not support calls to emergency services (such as 911, 112, or 100). Converc's audio and video calling operates over the internet and is not a substitute for traditional or mobile telephony. You must not rely on the Service to contact emergency services, and you are responsible for maintaining an alternative means of making emergency calls.

8. Billing, Subscriptions, and Refunds

• Fees and plans. Paid plans are billed in advance on a recurring basis (monthly or annually, depending on the plan you select) at the rates shown at sign-up. Plans may include usage-based limits (e.g. minutes per month), and exceeding them may result in overage charges, throttling, or service suspension.
• Auto-renewal. Unless you cancel before the end of the current term, your subscription automatically renews for a successive term at the then-current price, and you authorize us (or our payment processor) to charge your payment method.
• Cancellation. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period.
• Refunds. Except where required by law or expressly stated, all fees are non-refundable, and we do not provide refunds or credits for partial periods or unused service.
• Price changes. We may change fees on at least 30 days' notice; changes apply at your next renewal.
• Taxes. Fees are exclusive of taxes; you are responsible for applicable taxes other than taxes on our income.

9. Third-Party Services

Converc may rely on third-party services (e.g. cloud infrastructure, real-time communication providers). We are not responsible for outages or issues caused by third-party services beyond our control.

10. Customer Responsibilities and Data Processing

You are responsible for your use of the Service on your websites, including obtaining all necessary consents and providing all required notices to your website visitors before collecting their information or recording any call. Where Converc processes personal data on your behalf, that processing is governed by our Data Processing Agreement, which is incorporated into these Terms by reference. You represent that you have a lawful basis for the data you collect through the Service.

11. Intellectual Property

All rights, title, and interest in the Service, including software, branding, and documentation, belong to Converc.

You may not copy, modify, distribute, or create derivative works without our written consent.

12. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms or for operational or legal reasons.

You may stop using the Service at any time.

13. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied.

We do not guarantee uninterrupted or error-free operation.

14. Limitation of Liability

To the maximum extent permitted by law, Converc shall not be liable for:

• Lost profits or revenue
• Loss of data
• Business interruption
• Indirect or consequential damages

Our total liability shall not exceed the amount paid by you to Converc in the preceding 12 months.

15. Indemnification

You agree to defend, indemnify, and hold harmless Converc and Kaizen Ventures and their officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your content or the data you collect, record, or process through the Service; (c) your violation of these Terms or applicable law; or (d) your violation of any third party's rights, including your website visitors' privacy or consent rights.

16. Beta and Early-Access Features

The Service, or certain features, may be offered on an early-access, beta, or preview basis. Such features are provided "as is", may be changed or discontinued at any time, may contain errors, and are not guaranteed to be available. We are not liable for any issues arising from your use of beta or early-access features.

17. Export Controls and Sanctions

You represent that you are not located in, and will not use the Service in, any country or by any person subject to applicable export-control or sanctions laws, and that you will comply with all such laws in your use of the Service.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of India, without regard to its conflict-of-laws rules. Subject to the Dispute Resolution section below, the courts located in Kolkata, West Bengal, India will have exclusive jurisdiction over any disputes.

19. Dispute Resolution

We encourage you to contact us first at mehul@converc.com to resolve any dispute informally. Any dispute not resolved informally will be resolved exclusively in the courts identified in the Governing Law and Jurisdiction section.

20. Changes to Terms

We may update these Terms from time to time. For material changes, we will provide reasonable notice (for example, by email or in-product notice). Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

21. General

• Entire Agreement. These Terms, together with any policies and agreements referenced here (including the Privacy Policy and Data Processing Agreement), are the entire agreement between you and Converc and supersede prior agreements on the subject.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full effect.
• Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force Majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Survival. Sections that by their nature should survive termination (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) survive termination of these Terms.

22. Contact

The Service is operated by Kaizen Ventures, located at 771/A, Sethia Niwas, 4 Pandit Tarapada Chakravarty Sarani, New Alipore, Kolkata, West Bengal, India - 700053.

For questions about these Terms, contact us at:

mehul@converc.com