Terms of Use for Juniors: Automated AI Voice Calls

These Terms of Use (“Terms”) govern your access to and use of Juniors: Automated AI Voice Calls (“the Service”), a Shopify application developed and operated by HERPENZA TECHNOLOGIES PRIVATE LIMITED (“we,” “us,” or “our”). By installing, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not install, access, or use the Service.

1. Service Description

• 1.1. Juniors: Automated AI Voice Calls is a Shopify application that provides automated AI voice call services for order confirmations and customer support.
• 1.2. The Service uses artificial intelligence technology to conduct voice calls with your customers on your behalf.
• 1.3. The Service integrates with your Shopify store to access order information and customer data necessary for providing the Service.

2. Account Registration and Security

• 2.1. To use the Service, you must have a valid Shopify store account.
• 2.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• 2.3. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
• 2.4. You must provide accurate, current, and complete information during the registration process and keep your account information updated.
• 2.5. You agree to: (i) maintain the confidentiality of your password; (ii) take full responsibility for all activities by all users accessing the Services through your account; (iii) immediately notify us of any unauthorized use of your account or any other breach of security that you become aware of; and (iv) ensure that you exit from your account at the end of each session.
• 2.6. We reserve the right to suspend or terminate the account or access to our Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete; and/or (ii) if you are found to be non-compliant with these Terms or the Privacy Policy.
• 2.7. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in our Services, and further acknowledge and agree that all rights in and to the Services are and shall forever be owned by and inure to the benefit of HERPENZA TECHNOLOGIES PRIVATE LIMITED.

3. Eligibility and Prohibited Uses

• 3.1. If you are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc., you are not eligible to use the Services. Only individuals who are eighteen (18) years of age or older may use the Services. We reserve the right to terminate your account and/or deny access to the services if it is brought to our notice that you are under the age of eighteen (18) years.
• 3.2. Prohibited Businesses: The following categories of businesses and business practices are prohibited from using our Services. The types of businesses listed below are representative, but not exhaustive:
  • Investment & Credit services
  • Securities Brokers
  • Money transmitters, check cashing, wire transfers, money orders; currency exchanges or dealers
  • Virtual currency or stored value that can be monetized, resold, or converted to physical or digital products and services
  • IP Infringement
  • Intellectual property or proprietary rights infringement
  • Counterfeit or unauthorized goods
  • Regulated or illegal products and services
  • Weapons and munitions
  • Adult content and services
  • Unfair, predatory, or deceptive practices
  • Any business that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers
  • Use of Services in a manner inconsistent with its use intended by us
  If you are uncertain as to whether your business is a Prohibited Business, or have questions about how these requirements apply to you, please contact us.

4. Acceptable Use

• 4.1. You agree to use the Service only for lawful purposes and in accordance with these Terms.
• 4.2. You are responsible for all content and information provided to the Service, including but not limited to product information, policies, and customer data.
• 4.3. You agree not to use the Service to:
  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Send unsolicited communications
  • Harass, deceive, or mislead customers
  • Distribute malware or other harmful code
  • Attempt to gain unauthorized access to the Service or its related systems
• 4.4. Absolutely do not use our Services to spam anyone or to circumvent the limitations set by our affiliated services. If you choose or attempt to do so, your account will be immediately terminated.
• 4.5. We reserve the right to suspend or terminate your access to the Service if we determine, in our sole discretion, that you have violated these Terms.

5. Customer Consent and Communications

• 5.1. You are responsible for obtaining all necessary consents from your customers for automated voice calls in compliance with applicable laws and regulations in the jurisdictions where you operate.
• 5.2. You agree to provide clear opt-out mechanisms for customers who do not wish to receive automated calls.
• 5.3. You acknowledge that failure to comply with applicable communications laws may result in significant legal penalties for which you will be solely responsible.
• 5.4. You agree to use the Service in a manner that respects customer preferences and privacy.

6. Orders and Financial Terms

• 6.1. The Services may allow you to collect orders from users for the products or services sold by you, and we will, subject to the terms and conditions set out herein, facilitate the confirmation of orders via automated voice calls.
• 6.2. All commercial/contractual terms are offered by and agreed to between you and whoever you sell to, alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products, etc. We do not have any control or do not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and whoever you sell to. All discounts and offers are by you and not by us.
• 6.3. You agree to provide current, complete, and accurate purchase and account information for all purchases made through our Services.
• 6.4. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations regarding the use of the Service and listing, purchase, solicitation of offers to purchase, and sale of products or Services.

7. Intellectual Property

• 7.1. The Service, including all content, features, and functionality, is owned by us and is protected by copyright, trademark, and other intellectual property laws.
• 7.2. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service solely in connection with your Shopify store and in accordance with these Terms.
• 7.3. You retain all rights to your content and data. By providing content to the Service, you grant us a worldwide, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing the Service.
• 7.4. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service.
• 7.5. We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property on the Service and on the material published on it.
• 7.6. You must not use any part of the materials from the Service for commercial purposes without obtaining a license to do so from us.

8. User Submissions and Licenses

• 8.1. Anything you post, upload, send, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions may be viewable by others if you choose for them to be.
• 8.2. For all User Submissions, you hereby grant us a license to translate, modify (for technical purposes, for example making sure your content is viewable on a smart phone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services. This is a license only – your ownership of User Submissions is not affected.
• 8.3. You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide, provided that when you delete your account, we will stop displaying your User Submissions after a reasonable period of time. User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users or recipients.
• 8.4. You understand and agree that we, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

9. Third-Party Services and APIs

• 9.1. The Service may integrate with third-party services and APIs, including but not limited to:
  • Eleven Labs (for voice synthesis technology)
  • OpenAI (for artificial intelligence and natural language processing)
  • Plivo (for telephony services)
• 9.2. Customer agrees that our Services may use or connect with third-party services like Shopify, Eleven Labs, OpenAI, and Plivo. Juniors AI is not responsible for how these third-party services work, nor for any issues with our Services that result from third-party service problems. Juniors AI makes no guarantees or claims regarding these third-party services or their providers. The terms of these third-party services are attached and form part of this agreement.
• 9.3. We may change the third-party services we use to provide the Service at any time without notice to you.
• 9.4. Third-party links on the Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

10. Data and Privacy

• 10.1. Our collection and use of your data and your customers’ data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
• 10.2. You grant us a license to use, store, and process your data and your customers’ data solely for the purpose of providing and improving the Service.
• 10.3. You represent and warrant that you have the right to provide us with all data you submit to the Service and that you have obtained all necessary consents from your customers for us to process their data.
• 10.4. You acknowledge that data protection and privacy laws vary by jurisdiction, and you are responsible for ensuring compliance with all applicable laws in the regions where you operate.

11. Disclaimer of Warranties

• 11.1. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
• 11.2. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
• 11.3. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY RESULTS OBTAINED THROUGH USE OF THE SERVICE.
• 11.4. WE DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.
• 11.5. We endeavor to make the Services available during our working hours. We do not warrant that the Service will be compatible with all hardware and software which is used by you.

12. Limitation of Liability

• 12.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.
• 12.2. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE LESSER OF (I) ONE THOUSAND UNITED STATES DOLLARS ($1,000 USD), OR (II) THE FEES PAID TO JUNIORS AI HEREUNDER IN THE THREE MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED.
• 12.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
• 12.4. We are not responsible for any non-performance or breach of any contract entered into between you and your customers. We cannot and do not guarantee that the concerned customers will perform any transaction concluded through our services. We shall not and are not required to mediate or resolve any dispute or disagreement between you and your customers.

13. Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another.

14. Modifications to the Service and Terms

• 14.1. We reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time without notice.
• 14.2. We may revise these Terms from time to time. The most current version will always be posted on our website.
• 14.3. Your continued use of the Service after any changes to these Terms constitutes your acceptance of such changes.
• 14.4. We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on our website, by sending you an email, and/or by some other means.

15. Termination

• 15.1. You may terminate your use of the Service at any time by uninstalling it from your Shopify store.
• 15.2. We may terminate or suspend your access to the Service upon thirty (30) days’ advance notice, for any reason. However, we reserve the right to terminate or suspend your access immediately, without prior notice or liability, in cases of fraud, illegal activity, security threats, or other situations that pose an immediate risk.
• 15.3. Upon termination, your right to use the Service will immediately cease, and we may delete your account data after a reasonable period.
• 15.4. You are free to stop using our Services at any time by contacting us at support@juniors.ai. Please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using our Services.
• 15.5. All applicable fees mentioned in the Purchase Terms will have to be paid to us for the entire remaining duration of Initial Term or Renewal Term as defined in the Purchase Terms.
• 15.6. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may also terminate your access to the Service, or cease the provision of the Services with thirty (30) days prior notice. You will remain liable for all amounts due up to and including the date of termination.

16. Severability

In the event that any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

17. Entire Agreement

• 17.1. These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.
• 17.2. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

18. Waiver

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts of Jaipur, Rajasthan, India, and you consent to the personal jurisdiction of such courts.

20. Responsibility for Content

• 20.1. Any information or content transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.
• 20.2. You are responsible for all Content you contribute, in any manner, to the Services, or that you transmit to anyone. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
• 20.3. If there is a dispute between participants on this site, or between you and any message recipients, you agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users or message recipients, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

21. Contact Information

If you have any questions about these Terms, please contact us at: