Our Privacy Policy governs how we protect your privacy and handle your personal information when you use this Website, the Platform, or the Services. You agree that your use of this Website, the Platform, and the Services indicates your acceptance to the processing of your personal information in accordance with our Privacy Policy.
You have sole responsibility for the accuracy, quality, and legality of the personal data of your end users and other individuals that you provide to us to enable the provision of the Services (“Customer Data”) and the means by which you acquire the Customer Data. If you are using the GenAI Services, the Services may send applicable portions of your content, including Customer Data in an anonymised form or as-is based on your requirements, to other applications or websites, including to third-party AI providers which are authorized by you for the scope of your engagement with us. By using the GenAI Services, you authorize and instruct us to send your content to the applicable third-party AI provider, which will be handled in accordance with its terms once your content flows out of our environment. We are not responsible for your content after it has been provided to a third-party AI provider since we will not have control over their environment. You are responsible for providing notice to and, if required, obtaining consent from, such end users and other individuals for processing and transferring their personal data to krunk.ai and its third-party service providers.
krunk.ai agrees and acknowledges that it is processing Customer Data on your behalf and is acting as “Data Processor/Business Associate” for you under this Agreement as per applicable data protection legislation. krunk.ai is dedicated to providing data protection and to promote compliance with applicable data protection legislation. krunk.ai is dedicated to implementing and maintaining reasonable administrative, physical, and technical safeguards that are designed to prevent any unauthorized use, access, processing, destruction, loss, alteration, or disclosure of any Customer Data that is held by krunk.ai. krunk.ai will endeavor to notify Customer within 48 hours following discovery of any suspected breach or compromise of the security, confidentiality, or integrity of any Customer Data.
You shall comply with all applicable data protection legislation in the course of utilizing the Services and any observation or breach of data protection shall be reported to krunk.ai via infosec@krunk.ai within 24-48 hrs since discovery (6hrs for Indian entities as per CERT-In guidelines).
You understand and acknowledge that certain risks are inherent in the transmission of information over the internet. By using the Services, you have chosen to use the security measures deployed by krunk.ai.
krunk.ai provides the possibility to store data in various locations such as India, Middle East, Asia, Indonesia, Singapore, USA, and European Union as per Customer’s legal, regulatory, and contractual requirements.
a. In connection with outbound calling and sending short message services (“SMS”) /multimedia messaging messages (“MMS”) through the Services (“Voice and Text Services”), krunk.ai disclaims any liability with regards to (i) third-party wireless service providers (“Carriers”) or (ii) third-party intermediaries that transmit calls and SMS/MMS messages between Providers (as defined below) and Carriers (“Aggregators”), including regarding system capacity, message throughput, or actual delivery to an End User’s device. In addition, Carriers and/or Aggregators may charge additional per-message fees for SMS/MMS messages. krunk.ai will invoice Customers monthly in arrears for such fees, if any.
b. THE PARTIES AGREE THAT: (I) IF THE VOICE AND TEXT SERVICES DELIVERY PROVIDER USED BY krunk.AI (“PROVIDER”) SEEKS INDEMNIFICATION FROM krunk.AI FOR DAMAGES OR FINES ARISING FROM CUSTOMER’S USE OF THE VOICE AND TEXT SERVICES IN VIOLATION OF THE APPLICABLE LAW) (A “CLAIM”), THEN CUSTOMER WILL INDEMNIFY krunk.AI FOR SUCH CLAIM; AND (II) IF SUCH CLAIM IS NOT SUBJECT TO ANY LIMITATION OF LIABILITY BETWEEN krunk.AI AND THE PROVIDER, THEN krunk.AI’’S INDEMNIFICATION OBLIGATIONS TO krunk.AI WITH RESPECT TO SUCH CLAIM SHALL ALSO NOT BE SUBJECT TO ANY LIMITATION OF LIABILITY.
c. While certain features of the Voice and Text Services may be used to support Customer’s compliance efforts, Customer acknowledges that no features or functionality of the Voice and Text Services are intended to be relied upon as a compliance tool. All such features are made available without any warranties and/or commitments of fitness for such Customer’s compliance purposes. krunk.ai shall not be liable for any breach of Customer’s contractual, legal, regulatory, or any other compliance obligations in connection with the use of the Voice and Text Services.
d. krunk.ai shall not be liable for any damages or infringements related to voice content or voices generated by Customer or for Customer. Customer shall indemnify krunk.ai from all possible claims related to harms or damages caused by the voice content or voices generated by Customer’s use of the Services. Additionally, Customer guarantees that:
i. It shall receive all necessary permissions and releases from actors to instantly clone their voice;
ii. It shall receive all necessary permissions and releases from actors to professionally clone their voice (if such service is used).
e. For Customers availing voice bot Services in India, the following additional provisions shall apply:
i.) The Customer undertakes responsibility in respect of users (being employees or Client of the Customer mentioned in the Order Form in whose name the phone connection(s) is procured, particularly in respect of bonafide use, users’ identity and traceability in the event of any security verification conducted by any relevant agencies (foreign or Indian)/authority, and compliance with all regulatory and legal requirements and directions/guidelines from any competent authority, in respect of use of the phone connections.
ii.) The Customer undertakes responsibility in respect of compliance with all ‘know-your-customer’ requirements from time to time, including compliance with all regulatory and legal requirements and directions/guidelines from any competent authority, in this regard.
iii.) The Customer shall at all times ensure that the database of its users made available to the krunk.ai is updated in all respects in accordance with the National Do Not Call Register. The Customer acknowledges that making unsolicited commercial communications whether directly or indirectly to any subscriber whose telephone number appears on the National Do Not Call Register is not permitted, unless the Customer has obtained irrevocable consent from the subscriber for such communication.
iv.) The Customer shall ensure that the content / information will not contain any material which is improper, immoral, unlawful, obscene, offensive or defamatory or enrages the public sentiment, or constitutes an Unfair Trade Practice or violates any other legislation or policy for the time being in force, or is made to give negative publicity of krunk.ai or any of its product.
v.) The Customer shall at all times extend co-operation to the third-party service provider(s) in respect of any enquiry or investigation in relation to use or users of the phone connection. The Customer shall email a soft copy of all information available as soon as requested by krunk.ai (no more than 24 hours) and provide hard copy thereof within 48 hours from such request.
vi.) The Customer agrees that it shall furnish information and all documents, from time to time, including any undertaking or declaration as may be required by third-party service provider(s) for the benefit of such service provider(s) in respect of services availed.
vii.) The Customer undertakes to indemnify and hold harmless the third-party service provider(s) , krunk.ai and their respective affiliates, directors, officers, employees, and agents from and against any third party claim, suit, demand, loss, damage, expense (including reasonable attorneys’ fees and costs), fine, penalty, regulatory assessment or liability that may arise in relation to any breach of this sub clause (e) by the Customer.
This Website may contain links to websites owned and operated by third parties. These links are provided for informational or advertising purposes only. The linked sites are not under the control of krunk.ai and krunk.ai is not responsible for the contents of any linked sites. The inclusion of any link does not imply krunk.ai’s endorsement of such site or its contents.
If any third-party services are part of the Services, such services shall be provided without modification on an “as is” and “as available” basis and subject to approval of such third party. You agree to adhere to any relevant terms and conditions issued by such third party, which may be subject to change anytime at the discretion of such third party.
Advertisement platform bots, WhatsApp bots, Gen AI Services and other third-party services incorporated into or provided as part of the Services are governed by third party policies, such as applicable policies of Microsoft, Google, Meta, etc. These policies may be subject to change anytime at the discretion of such third parties. Customer agrees to always adhere to these third party policies. krunk.ai may terminate any applicable Order Form immediately, if any third party service provider terminates or suspends or refuses to provide any third-party services required for the Services or Customer fails to comply with any applicable third party policies.
We respect the intellectual property rights of others and expect you to do the same. If you find any instances of infringement of any intellectual property, whether yours, krunk.ai’s, or a third party’s, we request you to notify us at legal@krunk.ai. We will take suitable action up to and including terminating the user account of the violating user and notifying the appropriate authorities of such violations. In accordance with the applicable law, which may include but shall not be limited to the Digital Millennium Copyright Act of 1998, krunk.ai will respond expeditiously to claims of copyright infringement committed using our Platform or Services as reported to us.
From time to time, either party (the “Disclosing Party”) may disclose or make available to the other party (the “Receiving Party”) non-public, proprietary, and confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology, and marketing information.
Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party’s breach of this confidentiality section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party’s possession prior to the Disclosing Party’s disclosure hereunder, or (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party Confidential Information.
The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.
If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party’s sole cost and expense, a protective order or other remedy.
If krunk.ai has granted you access to any products or Services or portion of products or Services free of charge or at discounted pricing, krunk.ai reserves the right to impose charges or otherwise change its pricing and your continued use following notice of any such changes will result in charges for such continued use.
Unless otherwise agreed in writing, the Services are provided on a subscription basis for the term described in your ordering documentation (“Initial Term”) and, thereafter, automatically renewing for additional one-year terms (each a “Renewal Term”), unless either party provides the other party with written notice of non-renewal at least 30 days prior to the expiration of the then-current term. The Initial Term and any Renewal Terms are collectively referred to as the “Subscription Term.”
You shall pay the fee for the Services (“Service Charges”) as set forth in the Order.
krunk.ai provides Technical Support to its paid users per the Support and SLA Policy. For further queries on Technical Support, you may reach out to us at support@krunk.ai.
krunk.ai also provides Professional Services to its paid users, where we will provide customer success managers to assist you with product-related troubleshooting and implementation support. For more information about Professional Services, you may reach out to us at sales@krunk.ai.
We may terminate or modify your access to and use of this Website and the Services, at our sole discretion, at any time and without notice to you in case of violation of these Terms. Likewise, you may cancel your account at any time, although we will be sorry to see you go.
If we suspend or terminate your user account or use of the Services for inactive user status or your notice to terminate your account, we will let you know in advance and assist you to retrieve your data.
We reserve the right to suspend your account with immediate effect if we find that you have violated these Terms, if you are suspected of illegal activity, or in compliance with requests by law enforcement or other government agencies. You may object to such suspensions by contacting us at contact@krunk.ai within 30 days of notification of suspension.
Either Party may terminate this Agreement by written notice to the other Party: (i) immediately in the event of a material violation or breach by the other Party of any term of this Agreement (including any Order) that cannot be remedied; (ii) within 30 days following receipt of such written notice in the event of a material violation or breach by the other Party of any term of this Agreement (including any Order) that is capable of being cured and the breaching Party fails to cure within 30 days; or (iii) if the other Party (a) becomes insolvent; (b) becomes subject to a petition in bankruptcy filed by or against it that is not dismissed within 30 days of the filing of such petition; (c) is placed under the control of a receiver, liquidator or committee of creditors; or (d) dissolves, ceases to function as a going concern or to conduct its business in the normal course.
Upon expiration or earlier termination of the Agreement: (i) Customer shall immediately discontinue use of and access to the Platform and the Services; (ii) Customer shall be liable to pay in full the Service Charges (including any third-party fees) up to and including the last day on which the Services are provided and for any works-in-progress for which instructions have been provided by Customer. Further, if Customer terminates this Agreement other than for cause, Customer shall continue to be liable to pay the Service Charges for the remainder of the Subscription Term. For avoidance of doubt, Service Charges paid in advance shall not be liable for any refund or adjustment.
krunk.ai shall provide a one-time data export in JSON format of Customer’s data stored in the Platform. Upon completion of the data export, such data and the account of Customer will be deleted. If Customer does not opt for data export within 30 days of termination, Customer’s data shall be deleted after in accordance with krunk.ai’s data retention policies.
All terms of this Agreement which by their nature should survive termination will survive termination, including without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
If krunk.ai has made available a free, trial, or evaluation access to the Services (“Trial Access”), such access is limited to evaluating the Service to determine whether to purchase the Services subscription from krunk.ai. You may not use Trial Access for any other purposes, including but not limited to competitive analysis, commercial, professional, or for-profit purposes. krunk.ai has the right to terminate Trial Access at any time. Unless you purchase a subscription for the Service, upon any such termination or expiration Customer’s Trial Access will cease. If you purchase a subscription to the Service, all of the terms and conditions in this Agreement will apply to such purchase and the use of the Service unless you have executed a different written master subscription agreement for the Services, in which case such written master subscription agreement will govern.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, krunk.AI WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS WITH RESPECT TO TRIAL ACCESS.
krunk.ai services are provided “AS IS”. We also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of this Website, the Services, or the Platform. Some regions do not allow the types of disclaimers in this paragraph, so only to the extent it is not permitted, they may not apply to you.
EXCEPT AS PROVIDED IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND krunk.AI, krunk.AI DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICES, INCLUDING ANY CONTENT AND INFORMATION AVAILABLE ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED “AS-IS”. krunk.AI DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICES. THE USE OF THE SERVICES IS AT YOUR OWN RISK.
You will indemnify and release krunk.ai, its directors, officers, employees, contractors, and consultants, and hold them harmless from any and all claims and expenses, including legal fees arising from your use of this Website, the Platform, and the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
IN NO EVENT SHALL krunk.AI ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE SERVICES, OR INFORMATION AVAILABLE FROM OR OBTAINED THROUGH ANY OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL krunk.AI, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOODWILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE, OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT krunk.AI HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. krunk.AI’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO krunk.AI FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
Some regions do not allow the types of limitations in this paragraph. If you are in one of these jurisdictions, these limitations only to the extent not allowed may not apply to you.
This Website may allow you to post feedback, testimonials, and reviews of the Platform and Services (“reviews”). By posting, uploading, inputting, providing, or submitting reviews, you grant to krunk.ai and its designees, without charge, the right to use, share, and commercialize your reviews in any way and for any purpose. You will not give any reviews that are subject to a license. By posting reviews, you warrant and represent that you own or otherwise control all of the rights to your reviews as described in these Terms including, without limitation, all the rights necessary for you to post the reviews. Reviews reflect the opinion of the author and not the opinion of krunk.ai.
krunk.ai may run advertisements and promotions from third parties on or through this Website or the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers other than krunk.ai found on or through this Website or the Services, including payment and delivery of related goods or services, and any other terms associated with such dealings, are solely between you and such third party. krunk.ai is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertisers on this Website or the Services.
You acknowledge that the Platform, and any information, documentation, software, and APIs, obtained from or through this Website or the Services are subject to applicable export controls and economic sanctions laws and regulations, which may include, but are not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). By downloading or accessing any such materials, you certify that you: are not a U.S. denied or sanctioned person or located in or acting for or on behalf of a country or government subject to U.S. embargo or sanctions; will not use the materials in connection with an end-use prohibited by U.S. law; and are eligible to receive such materials under U.S. export controls and economic sanctions laws and regulations. You further agree that you will not export, reexport, transfer, retransfer, sell, supply, or allow access to or use of the materials (including to, in, by, or for a denied, sanctioned, embargoed, or prohibited country, person, or end use under U.S. law) without a license or other authorization from the U.S. Government, and assume sole responsibility for obtaining any necessary license or other authorization. Diversion contrary to U.S. law is prohibited.
For Customer residing in:
INDIA: All matters relating to these Terms, your access to or use of this Website or the Services are governed by the laws of India, without regard to its conflict of law provisions.
SINGAPORE: All matters relating to these Terms, your access to or use of this Website or the Services are governed by the laws of Singapore, without regard to its conflict of law provisions.
UAE: All matters relating to these Terms, your access to or use of this Website or the Services are governed by the laws of UAE, without regard to its conflict of law provisions.
MALAYSIA: All matters relating to these Terms, your access to or use of this Website or the Services are governed by the laws of Malaysia, without regard to its conflict of law provisions.
INDONESIA: All matters relating to these Terms, your access to or use of this Website or the Services are governed by the laws of Indonesia, without regard to its conflict of law provisions.
USA and all other regions except as stated in (A)-(E) above: All matters relating to these Terms, your access to or use of this Website or the Services are governed by the laws of the Commonwealth of Delaware, USA, without regard to its conflict of law provisions. If the application of the laws of the country in which a Customer is a resident results in a different interpretation of these Terms, the interpretation under the applicable laws of such country shall prevail.
You and krunk.ai agree to resolve any past or present claims relating to these Terms or our Services through final and binding arbitration. You and krunk.ai agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of this Website or the Services (collectively, “Disputes”) will be settled by binding arbitration in accordance with applicable arbitration Act. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liabilities” section above as to the types and amounts of damages for which a party may be held liable. Each of the parties hereto waives any objection to jurisdiction and venue in such courts. You agree to submit to the jurisdiction of and agree that the venue is proper in these courts.
The applicable arbitration Act shall be as follows for Customer residing in:
India: Arbitration and Conciliation Act, 1996 as may be amended or re-enacted from time to time, with one arbitrator to be jointly selected by the Parties. Judgment upon the award rendered by the arbitrator may be entered in courts of competent jurisdiction in Bengaluru, India
Singapore: Applicable Arbitration Laws as may be amended or re-enacted from time to time, with one arbitrator to be jointly selected by the Parties. Judgment upon the award rendered by the arbitrator may be entered in courts of competent jurisdiction in Singapore.
UAE: Applicable Arbitration Laws as may be amended or re-enacted from time to time, with one arbitrator to be jointly selected by the Parties. Judgment upon the award rendered by the arbitrator may be entered in courts of competent jurisdiction in Abu Dhabi, UAE.
Malaysia: Applicable Arbitration Laws as may be amended or re-enacted from time to time, with one arbitrator to be jointly selected by the Parties. Judgment upon the award rendered by the arbitrator may be entered in courts of competent jurisdiction in Malaysia.
Indonesia: Applicable Arbitration Laws as may be amended or re-enacted from time to time, with one arbitrator to be jointly selected by the Parties. Judgment upon the award rendered by the arbitrator may be entered in courts of competent jurisdiction in Indonesia.
USA and all other regions except as stated in (A)–(E) above: Delaware Rapid Arbitration Act, with one arbitrator to be jointly selected by the Parties. Judgment upon the award rendered by the arbitrator may be entered in courts of competent jurisdiction in the County of New Castle, Delaware.
This arbitration section does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.
Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.
Unless you and krunk.ai enter into a separate valid subscription agreement or similar service agreement, these Terms constitute the entire and exclusive agreement between you and krunk.ai and supersede and replace any other agreements, terms, and conditions. These Terms do not create third-party beneficiary rights.The terms and conditions of any purchase order (or of any unilateral document not agreed in writing by authorized representatives of both parties) will have no effect on the rights or obligations of the parties, regardless of any failure by the other party to object to such terms and conditions.
Unless otherwise specified, krunk.ai reserves the right to use your name, logo, and marks (including marks on Customer properties) to identify you as a krunk.ai customer on this Website and other marketing materials.
Failure to enforce any right or provision by krunk.ai in these Terms shall not constitute a waiver of such right or provision or of any other rights or provisions present in these Terms.
If a provision of these Terms is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. krunk.ai reserves the right to assign or transfer its obligations under these Terms without restriction.
While we will endeavor to keep this Website up to date, krunk.ai cannot assume responsibility for any errors or omissions in the materials made available on this Website or through the Services. krunk.ai further does not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within such materials. krunk.ai may make changes to the materials, or to the products and/or service offerings described herein, at any time without notice, and makes no commitment to update the information contained herein. Your use of this Website or the Services after modifications or corrections made by us shall be deemed to constitute acceptance by you of such modifications or corrections.