Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Atomicia Build (“Atomicia”, “we”, “us”), the operator of the Atomicia website and platform (the “Service”). By creating an account, clicking to accept, paying for a plan or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other organisation, you confirm that you are authorised to bind it to these Terms, and “you” refers to that organisation.

• You must be at least 18 years old and legally able to enter into contracts.
• The Service is for business use only. It is not offered to consumers for personal, family or household purposes.
• You may not use the Service if you are barred from doing so under applicable law, or if we have previously suspended or terminated your account.

Atomicia lets you upload business leads, researches publicly available information about them, and places outbound voice calls to them using an artificial-intelligence (“AI”) voice agent that can describe your offering and, where your plan allows, book meetings on your connected calendar.

Calls are placed through the telephony account and phone numbers you connect (currently Plivo). Meetings are booked through the calendar account you connect (currently Google Calendar). Payments are processed by Razorpay. These are third-party services governed by their own terms, and you are responsible for complying with them and for any charges they bill you directly, including telephony charges.

We may add, change or remove features from time to time. Features marked “coming soon” are not part of your plan until released, and we do not promise that they will be released.

• Give accurate, complete information when you sign up and during setup, and keep it up to date.
• Keep your login credentials, and the credentials of any account you connect, confidential. You are responsible for all activity under your account.
• Tell us immediately at the support email if you suspect unauthorised access to your account.
• Accounts are for one business. You may not sell, transfer or share access to your account.

You, not Atomicia, are the caller. Every call is made on your behalf, from your number, to leads you choose and upload. You are solely responsible for making sure every call is lawful.

In particular, you confirm and agree that:

• You have a lawful basis to contact every lead you upload, including any consent required by law, and you obtained their contact details lawfully.
• You comply with all laws that apply to you and to the people you call, including telemarketing, unsolicited-communication, consumer protection, data-protection and call-recording laws. Examples include, in India, the TRAI Telecom Commercial Communications Customer Preference Regulations (including the National Customer Preference Register / “DND”), the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023; in the United States, the Telephone Consumer Protection Act, the Telemarketing Sales Rule and state laws; in the UK and EU, the GDPR and PECR; and equivalent laws in any other country you call.
• You check leads against every applicable do-not-call or preference register before uploading them. Our own do-not-contact list and calling-hour limits are safeguards, not a substitute for your own compliance.
• Where the law requires it, you make sure people are told they are speaking with an AI or automated system and are given any required disclosures, and you do not instruct or configure the agent to claim to be human.
• You honour every opt-out and do-not-call request promptly, including requests we record on your behalf.
• You hold any licences, registrations or telemarketer/sender registrations that your calls require (for example, with your telecom operator or regulator).
• The business information you give the agent (company name, offering, claims about your product) is true and not misleading.

Atomicia provides tools only. We do not review, approve or control your leads, your message or whether you have consent, and we are not responsible for calls you choose to make.

You must not use the Service, or allow anyone else to use it, to:

• Call anyone without a lawful basis, call numbers on a do-not-call register where prohibited, or call outside legally permitted hours.
• Call emergency services, hospitals’ emergency lines, or any number where an automated call could endanger life or safety.
• Make calls that are fraudulent, deceptive, threatening, harassing, abusive, defamatory, discriminatory or obscene.
• Impersonate any person, business or government body, or misrepresent who is calling or why.
• Collect sensitive information such as passwords, OTPs, card numbers, bank details, health or biometric data during calls.
• Promote illegal products or services, gambling, weapons, adult content, pyramid schemes, debt collection or any regulated activity you are not licensed for.
• Upload data you have no right to use, or data about children.
• Reverse-engineer, scrape, overload, probe, or bypass the security, usage limits or plan restrictions of the Service, or resell it without our written permission.
• Use the Service, its output or its transcripts to build a competing product or to train AI models.

We may suspend or terminate your account, immediately and without notice or refund, if we reasonably believe that you have breached these Terms (especially sections 5 or 6), that your use creates legal, security or reputational risk for us or others, that we have received complaints about your calls, or if a regulator, telecom provider, payment provider or court requires it.

You may stop using the Service at any time and ask us to close your account by emailing support@atomiciabuild.com. Sections that by their nature should survive termination (including responsibility for calls, payment obligations, indemnity, disclaimers and limitation of liability) will survive.

• Paid plans are monthly subscriptions billed in advance in Indian Rupees through Razorpay. By subscribing you authorise recurring charges to your chosen payment method until you cancel.
• Prices are shown on our website. Applicable taxes, including GST, are added where required. Founding prices apply to early customers for as long as their subscription stays active; we may change prices for new subscriptions at any time and will give existing subscribers at least 30 days’ notice of any increase.
• Each plan includes a monthly allowance of leads and AI calls. Unused allowance does not roll over and has no cash value. You cannot exceed your allowance without upgrading.
• If a payment fails, we may pause calling and other paid features until it succeeds, and may cancel the subscription if it remains unpaid.
• To cancel, email support@atomiciabuild.com before your next renewal date. Cancellation stops future charges; you keep access until the end of the period you have paid for.
• We do not store your card or bank details; they are handled by Razorpay.

If you are not satisfied, you can request a full refund of your first subscription payment by emailing support@atomiciabuild.com within 7 days of that payment, provided fewer than 10 AI calls have been placed from your account. Approved refunds are made to the original payment method, normally within 5–7 business days of approval.

Apart from this, payments are non-refundable, including for renewals, partial months, unused leads or calls, downgrades, and accounts suspended or terminated for breach of these Terms. Telephony and other charges billed by third parties are not refundable by us. Nothing here limits any refund right you have under law that cannot be excluded.

You own the leads, business information and other content you upload, and the transcripts and call outcomes generated for your account (“Your Data”). You give us a limited licence to host, process and use Your Data only to provide, secure and support the Service and as described in our Privacy Policy.

For personal data about your leads, you are the data controller (the “Data Fiduciary” under Indian law) and we process it on your behalf and on your instructions. You are responsible for having a lawful basis for that processing and for any notices you must give to the people you call.

You are responsible for keeping your own copies of anything you need. We may delete Your Data after your account is closed, as described in our Privacy Policy.

The Service uses AI to research companies, hold conversations, summarise calls and transcribe speech. AI can be wrong, incomplete or unexpected: the agent may misunderstand a person, make an inaccurate statement, mis-transcribe a call, or fail to book or mis-record a meeting.

You are responsible for reviewing transcripts, outcomes and bookings before relying on them, and for following up with leads yourself where it matters. We do not guarantee any number of conversations, meetings, sales or other results.

The Service depends on third-party providers, including telephony, calendar, payment, hosting, email and AI model providers. We are not responsible for their availability, acts or omissions, or for changes they make. When you connect an account such as Plivo or Google, you authorise us to access it only as needed to provide the Service, and you can revoke that access at any time, which will stop the related features from working.

The Service, including its software, design, AI prompts, branding and documentation, belongs to Atomicia Build and its licensors. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal business purposes during your subscription. If you send us feedback or suggestions, we may use them without any obligation to you.

We aim to keep the Service available and working well, but it is provided without any uptime commitment and may be interrupted for maintenance, upgrades, failures of third-party providers or events outside our control. Calls may fail, drop or be delayed.

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement and uninterrupted or error-free operation. We do not give legal advice and nothing in the Service tells you whether a call is lawful.

To the maximum extent permitted by law, Atomicia Build will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill or data, or for any fines, penalties or claims arising from calls you make, however caused, even if we were told they were possible.

Our total liability for all claims relating to the Service or these Terms is limited to the amount you paid us for the Service in the three (3) months before the event giving rise to the claim.

These limits do not apply where the law does not allow liability to be limited, such as for fraud.

You will defend, indemnify and hold harmless Atomicia Build, its owners, employees and contractors from and against all claims, demands, complaints, regulatory actions, fines, penalties, damages, losses, costs and expenses (including reasonable legal fees) arising out of or related to: (a) calls made through your account; (b) your leads and other data, including any lack of consent or lawful basis; (c) your breach of these Terms or of any law; or (d) your connected third-party accounts.

We may update these Terms. If a change is material, we will tell you by email or in the Service at least 15 days before it takes effect, unless it is required sooner by law. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not agree, cancel before the change takes effect.

These Terms are governed by the laws of India, without regard to conflict-of-law rules. Subject to the paragraph below, the courts at Rupnagar, Punjab, India have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.

Before going to court, both parties agree to try to resolve the dispute informally for at least 30 days after one party sends written notice to the other (to us at support@atomiciabuild.com). We may still seek urgent injunctive relief in any competent court to protect our intellectual property or the security of the Service.

• Entire agreement: these Terms, the Privacy Policy and any order or plan details form the whole agreement between us about the Service.
• Severability: if any part of these Terms is found unenforceable, the rest stays in effect.
• No waiver: our not enforcing a right is not a waiver of it.
• Assignment: you may not transfer these Terms without our written consent; we may transfer 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, such as outages of telecom, cloud or payment providers, natural disasters, or government action.
• Notices: we may send notices to the email on your account; you may send notices to us at the support email.
• Independent parties: nothing in these Terms creates a partnership, agency or employment relationship.

Questions, complaints or legal notices about these Terms can be sent to the Grievance Officer, Atomicia Build, at support@atomiciabuild.com. We acknowledge complaints within 24 hours and aim to resolve them within 15 days.