Draft for review (not yet published). To fill in before this goes live: Plotex's legal name, business form and registered address, the Grievance Officer's name, and the fee and refund terms. A lawyer should review these terms.
About these terms
These terms are an agreement between you and Plotex [to confirm: legal name and business form], [to confirm: registered address], Gujarat, India ("Plotex", "we", "us"), the maker of BuddyX. They apply when you use the BuddyX app, the BuddyX web portal, its licence service or the website buddyx.in.
If you use BuddyX for a business, you accept these terms for that business and confirm you are allowed to. If you do not accept them, do not use BuddyX.
Our Privacy Policy, Calling & Messaging Policy and Refund & Cancellation Policy are part of these terms.
Words we use
- BuddyX or the app: the BuddyX software, whether it runs on a Windows PC, a BuddyX device or a BuddyX phone, with its phone link, its updates and its documents.
- BuddyX device: a dedicated BuddyX device that runs BuddyX and either takes your business's SIM or pairs with your phone over Bluetooth.
- BuddyX phone: an Android phone with BuddyX built in, which takes your business's SIM.
- Licence: your right to use one copy of BuddyX, under a licence key.
- Licence service: our online service that activates and checks licences.
- Web portal: our online service where the people you allow sign in to see your calls, watch and take over calls, and change your settings and agents.
- You: the business that buys or uses BuddyX, and the people it lets use it.
- Your callers: the people your business calls, or who call your business, through BuddyX.
- Your agent: the AI voice agent you set up in BuddyX, with its words, voice, documents and rules.
Who may use BuddyX
BuddyX is for businesses, used by people aged 18 or over. It is not for personal or household use, and not for calling people on behalf of anyone other than your own business.
Your licence
- What you get. For as long as your licence is valid and you keep to these terms, you may install and use BuddyX on one Windows PC (under one Windows user account), one BuddyX device or one BuddyX phone, with one business phone and its number (the phone paired with the PC or device, or the SIM in the BuddyX device or phone), as set out in your order.
- Activation and checks. BuddyX activates with your licence key and then checks in with our licence service regularly. If it cannot reach the service for 7 days, calls stop until it can. A licence cannot be used on another PC, device, user or phone unless it is first moved, by deactivating it or with our help.
- Limits. Each licence has limits, such as calls a day and the features included. The app enforces them.
- What you may not do. You may not copy, sell, rent, share or sublicense BuddyX; reverse engineer it, except as the law allows; get around its licence checks or limits; or use it to build a competing product.
- Updates. We may update BuddyX to fix problems, improve it or follow the law. Some updates install by themselves when the app is idle.
What you need
BuddyX needs one of these: a Windows 11 PC with Bluetooth, paired with an Android phone with your business's SIM; a BuddyX device, with your business's SIM in it or paired with such a phone; or a BuddyX phone with your business's SIM in it. Each connects to the web portal over the internet. BuddyX also needs an account with an AI provider for the agent's voice (BuddyX uses Google's Gemini with your own API key, used under Google's terms). You are responsible for these, their costs and their terms. For business data, use a paid account with your AI provider, under which your data is not used to train its models.
You are the caller
When BuddyX calls or answers on your phone, your business is the caller. Under India's telecom rules (TRAI's Telecom Commercial Communications Customer Preference Regulations, 2018, as amended) you are the "Sender" of those calls. You agree that:
- you own the number and phone you use with BuddyX (the phone you pair with it, or the SIM you put in a BuddyX device or phone), or are allowed to use them;
- before using BuddyX for outgoing calls, you will declare automated (AI) calling and the numbers you use to your mobile operator, as TRAI's rules require, and keep any registration your operator asks for;
- you will follow our Calling & Messaging Policy, TRAI's regulations, the Telecommunications Act, 2023, India's data protection law, WhatsApp's terms and your AI provider's terms;
- you will not make promotional calls from an ordinary mobile number, call people who asked not to be called, or call bought or scraped lists;
- your agent will say it is an AI assistant and that the call is recorded, at the start of every call;
- you will never change or hide the number your calls show (caller ID).
What can happen if these rules are broken. Telecom operators can act against the numbers and phones used for unwanted calls, for example by barring outgoing calls on all your numbers, disconnecting them, blacklisting your business and blocking the phone used. These actions come from your calls, so they are your responsibility and not Plotex's (see Indemnity).
Your data and your callers' data
- You decide why and how your callers' personal data is used, so you are the data fiduciary for it under India's Digital Personal Data Protection Act, 2023. You must give your callers the notices, and get the consents, the law requires, including for recording calls and for AI processing.
- Where it stays. BuddyX keeps call recordings, transcripts and summaries on your BuddyX PC, device or phone, or in the storage you choose for them, such as your own server, Google Drive or another cloud storage service. That storage is yours and its provider's terms apply to it. The audio and text of calls go to your AI provider to make the agent work.
- The web portal. The people you allow see your calls in the web portal, an online service run by Plotex. Call data shown there passes through the portal to reach them and is stored as you choose. Plotex handles it only to run the portal for you, on your instructions. Apart from the portal, Plotex does not receive your calls' data in the normal course.
- When we do handle them. If you send us logs for support, they are cleaned first (numbers masked; keys and transcripts removed). If you ever ask us to handle your callers' data, we will do so only on your instructions, keep it secure and confidential, and erase it when the work is done.
- Health and other sensitive data. If your calls involve health or other sensitive information, you are responsible for the stricter consent and security the law requires for it.
Data the licence service and the web portal receive
To run licences, the licence service receives identifiers of the licensed PC, device or phone, the Windows user account (on a PC) and the paired phone (kept as one-way codes where possible), the number you declare at activation, the versions of the app and of Windows or the device's software, and counts of calls made each day. It does not receive your calls' recordings or transcripts. The web portal receives the same identifiers, to link your PC, device or phone to your account, and the sign-in details of the people you allow to use it; call data passes through it as described above. Our Privacy Policy explains how we use and keep this data.
AI has limits
Your agent works from what you teach it, and AI can make errors. You are responsible for what your agent is taught and says, and for checking its calls. BuddyX is not for medical, legal or financial advice, not for emergency calls, and not for decisions with legal or similarly serious effects on people without a human check.
Other companies' services
BuddyX works with services from other companies, such as your telecom operator, Microsoft Windows, Google and WhatsApp. Their terms apply to your use of them. We are not responsible for their availability, their changes or their charges.
Fees and taxes
Fees, the licence term and what is included are as set out in your order or invoice [to confirm: how orders are placed and paid]. Prices are exclusive of GST and other taxes, which are added as the law requires. A licence renews only if you agree to it; we will remind you before it ends.
Refunds and cancellation
See our Refund & Cancellation Policy.
Suspension and ending
We may suspend or end a licence, after telling you where we reasonably can, if you break these terms or the Calling & Messaging Policy, if fees are unpaid, if your use risks harm to other people or to our service, or if the law requires it. You may stop using BuddyX at any time. When a licence ends, the app stops calling; your call records on your BuddyX PC, device or phone, or in your own storage, stay yours.
Our intellectual property
BuddyX, its name, logo, software and documents belong to Plotex. These terms give you a licence to use them, not ownership. What you put into your agent (your words, documents and data) stays yours.
What we promise, and what we do not
We will provide BuddyX with reasonable skill and care, and fix problems you report within a reasonable time. Beyond that, and as far as the law allows, BuddyX is provided as it is: we do not promise it will be uninterrupted or free of errors, or that it will suit every purpose. Nothing in these terms takes away rights you have under the Consumer Protection Act, 2019 or any other law that cannot be excluded.
Limits of our liability
As far as the law allows:
- we are not liable for indirect or consequential loss, such as lost profits, lost business or lost data;
- we are not liable for actions telecom operators or authorities take because of your calls or messages;
- our total liability to you for any claim is limited to the fees you paid us for BuddyX in the 12 months before the claim.
These limits do not apply to loss caused by our fraud or wilful misconduct, or where the law does not allow them.
Indemnity
You will make good any loss, penalty or claim that Plotex suffers because of your calls or messages, your call lists, what your agent says, your breach of these terms or the Calling & Messaging Policy, or your breach of the law.
The website
You may use buddyx.in to learn about BuddyX, ask questions and request a test call. Do not misuse it, for example by requesting test calls to numbers that are not yours, sending automated requests or trying to break its security. The blog and guides are general information, not legal or professional advice.
Changes to these terms
We may update these terms. We will change the date at the top and, for changes that matter to current customers, tell you before they apply. If you keep using BuddyX after a change applies, the new terms apply.
Law and disputes
These terms are governed by the laws of India. The courts in [to confirm: city], Gujarat, have jurisdiction over disputes about them. This does not stop you from going to a consumer commission, the Data Protection Board of India or any other authority the law lets you approach.
Contact and grievances
Questions about these terms: info@plotex.in or +91 88496 99134. Complaints: see Grievance Redressal.