Section 01
Introduction & Acceptance
These Terms of Service ("Terms") constitute a legal agreement between you ("you", "Customer") and Out Thinking Electronics Pvt Ltd, operating Welka ("we", "us", "Welka") regarding your use of welka.ai and related services (the "Service").
By signing up for, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
If you are signing up on behalf of a business, you represent that you have authority to bind that business to these Terms.
Section 02
Eligibility
To use the Service, you must:
- Be at least 18 years old
- Be authorized to operate a business in India or your country of residence
- Provide accurate, current, and complete information during registration
- Comply with these Terms and all applicable laws
Section 03
Account Registration
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activity that occurs under your account
- Notifying us immediately of any unauthorized use
- Ensuring information in your account remains accurate and up to date
We may refuse, suspend, or terminate accounts at our sole discretion, particularly if we believe you have violated these Terms.
Section 04
The Service
Welka is an AI receptionist platform that:
- Provides you with a phone number that answers calls using AI
- Captures customer inquiry details from those calls
- Sends you call summaries, recordings, and transcripts via WhatsApp and through your dashboard
- Helps you manage and respond to inbound customer inquiries
The Service is provided on a subscription basis. Specific features available depend on your subscription plan.
Welka is not a replacement for human judgment. The AI is designed to capture and route information, not to make business decisions on your behalf. You remain solely responsible for how you respond to and act on inquiries captured by Welka.
Section 05
Pricing & Payment
Subscription pricing is displayed on our website at welka.ai/pricing. Currently:
- Plans are billed monthly in Indian Rupees (₹)
- Plans include a specified number of call minutes and WhatsApp messages
- Usage beyond plan limits is billed as overage at published rates
- All prices are exclusive of applicable taxes (e.g., GST)
- Payment is processed through our payment partners (e.g., Razorpay)
You authorize us to charge your designated payment method on a recurring basis until you cancel. If a payment fails, we may suspend the Service until payment is received.
We may change pricing with 30 days' notice. Price changes apply to subsequent billing cycles.
Section 06
Free Setup & "Pay When Live"
Welka allows you to set up and test your AI for free before activating live service. You only begin paying when you activate your AI to handle real customer calls.
Once activated, your subscription begins immediately and recurring billing applies until canceled.
Section 07
Acceptable Use
You agree NOT to use the Service to:
- Violate any law or regulation
- Send spam, unsolicited communications, or fraudulent content
- Impersonate any person or entity
- Make unsolicited marketing or sales calls (this Service is for inbound calls only)
- Harass, threaten, or abuse callers or other users
- Attempt to bypass usage limits, security measures, or rate limits
- Reverse engineer, decompile, or attempt to extract source code
- Use the Service to compete directly with Welka by building a similar product
- Violate the intellectual property rights of others
- Engage in activity that could damage, disable, or impair the Service
- Use the Service for illegal businesses, including unregulated financial services, illegal drugs, weapons, or services that exploit minors
Violations may result in immediate suspension or termination without refund.
Section 08
Your Content
"Your Content" includes information you provide during onboarding, customizations, knowledge base entries, and any other data you submit to the Service.
You retain ownership of Your Content. You grant Welka a worldwide, non-exclusive, royalty-free license to use Your Content solely to operate, improve, and provide the Service to you.
You are responsible for ensuring Your Content is accurate, lawful, and that you have the right to share it with us.
Section 09
Third-Party Services
The Service relies on third-party platforms including, but not limited to:
- WhatsApp Business API (Meta)
- Telephony providers (Plivo and others)
- Payment processors (Razorpay and others)
- Cloud infrastructure providers
Service interruption due to third-party outages is outside our control. We will work to restore service promptly but cannot guarantee uninterrupted operation.
Your use of third-party services is also subject to their terms and policies.
Section 10
Call Recording Notice
The Service records all calls handled by your AI for the purposes of generating summaries, transcripts, and improving the AI's responses.
You are responsible for:
- Ensuring callers are notified that calls may be recorded, in accordance with applicable law
- Configuring your AI to provide an appropriate disclosure at the start of each call
- Compliance with all telephone consumer protection and data protection laws
Welka provides default disclosure language but you are responsible for confirming it meets requirements in your jurisdiction.
Section 11
Service Availability
We strive to provide reliable service but do not guarantee uninterrupted availability. The Service may be unavailable due to:
- Scheduled maintenance (we will provide reasonable notice)
- Emergency repairs and security updates
- Third-party service outages
- Force majeure events
We do not provide service-level agreements (SLAs) for current plans. Higher-tier plans may include SLAs as published in their respective terms.
Section 12
Intellectual Property
Welka and its licensors own all rights, title, and interest in and to the Service, including all software, designs, logos, content, and underlying technology. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your business purposes.
You may not copy, modify, distribute, sell, or sublicense any part of the Service. Welka, the Welka logo, and related marks are trademarks of Out Thinking Electronics Pvt Ltd.
Feedback you provide may be used by us without restriction or obligation to you.
Section 13
Confidentiality
Both parties agree to keep confidential any non-public information received from the other party. This obligation survives termination of these Terms. Each party may disclose confidential information as required by law, provided reasonable notice is given to the other party where lawful.
Section 14
Suspension & Termination
14.1 Termination by You
You may cancel your subscription at any time through your dashboard. Cancellation takes effect at the end of your current billing period. No refunds are issued for partial periods.
14.2 Termination by Us
We may suspend or terminate your account immediately if:
- You materially breach these Terms
- You fail to pay amounts due
- You engage in fraudulent or abusive activity
- Required by law or by our service providers
- The Service is being used in a manner that risks harm to other users or third parties
14.3 Effect of Termination
On termination, your access to the Service ends. We will provide a reasonable opportunity to export your data (typically 30 days) before deletion, unless terminated for cause.
Section 15
Warranty Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELKA DISCLAIMS ALL WARRANTIES, INCLUDING:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that the Service will be error-free, secure, or uninterrupted
- Warranties that AI responses will always be accurate or appropriate
- Warranties about the actions or content of third parties
You acknowledge that AI is not infallible. Welka's AI may misunderstand, misinterpret, or fail to capture customer information. You are responsible for reviewing captured information before acting on it.
Section 16
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Welka's total liability under these Terms shall not exceed the amounts you paid to us in the 6 months preceding the claim
- Neither party shall be liable for indirect, incidental, special, consequential, or punitive damages
- Welka is not liable for lost profits, lost business opportunities, or loss of data
- Welka is not liable for actions or omissions of third-party services
This limitation applies regardless of the legal theory (contract, tort, statute, or otherwise) and even if Welka has been advised of the possibility of such damages.
Section 17
Indemnification
You agree to defend, indemnify, and hold harmless Welka, Out Thinking Electronics Pvt Ltd, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your Content or how you use Information captured by the Service
- Your violation of any law or third-party rights
- Failure to obtain consent from your customers for call recording or data collection where required
Section 18
Governing Law & Dispute Resolution
These Terms are governed by the laws of India. Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India.
Before initiating legal proceedings, you agree to first contact us at vijay@outthinkingelectronics.com to attempt to resolve the dispute informally. We will respond within 30 days.
Section 19
Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated by email or through the Service at least 30 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance.
If you do not agree with the updated Terms, you may cancel your subscription before the changes take effect.