nexPulse ยท Autonomous Agents

Terms of Service & DPA

These Terms govern your use of the nexPulse AI Voice and WhatsApp campaign platform. By using our infrastructure, you accept full responsibility for compliance with all applicable communication laws.

Effective Date: 01 April 2026
Last Updated: 01 April 2026

Introduction & Nature of Service

This Agreement is between Nexbitz Infotech LLP ("Company", "we", "our", or "us") and the individual or entity utilizing the nexPulse platform ("Client", "you", or "your"). nexPulse provides cloud-based software infrastructure allowing Clients to deploy AI voice agents and execute automated WhatsApp messaging campaigns.

Crucial Acknowledgment: We Are Only a Conduit

nexPulse acts strictly as a technology platform and conduit. We do not originate communications, we do not supply lead data, and we do not select the recipients of your campaigns. You are the sole initiator and sender of all voice calls and WhatsApp messages executed through your nexPulse account.

1. Client Compliance & Consent Requirements

As the initiator of the communications, you bear absolute and sole responsibility for ensuring that all outbound calls and messages comply with local, national, and international laws.

Strict Opt-In Consent

You explicitly warrant that you possess verifiable, prior express written consent (opt-in) from every individual you contact via nexPulse. You must not use nexPulse to contact purchased, rented, or third-party lead lists where direct consent has not been granted to your specific business.

Regulatory Adherence

Depending on the jurisdiction of your recipients, you agree to strictly comply with, but not limited to:

  • India: TRAI regulations, Telemarketing rules, and the National Do Not Call (NDNC) registry.
  • United States: The Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act.
  • European Union: The General Data Protection Regulation (GDPR) and ePrivacy Directive.

2. Acceptable Use & Prohibited Activities

Your use of nexPulse is subject to strict acceptable use parameters. Violation of these terms will result in immediate, without-notice suspension of your account and forfeiture of wallet funds.

  • No Spam or Harassment: You may not send unsolicited messages, spam, or engage in harassing, threatening, or abusive calling behavior.
  • No Deceptive AI: You must not configure AI Voice Agents to deceive consumers about their artificial nature if prohibited by local law, nor use them for fraudulent schemes, phishing, or identity theft.
  • Restricted Industries: You may not use the platform for high-risk or prohibited content, including adult services, illegal gambling, unregulated pharmaceuticals, or hate speech.
  • Do Not Disturb (DND): You must immediately cease contacting any user who replies "STOP", requests DND, or revokes consent. nexPulse provides tools to block these numbers; bypassing these tools is a material breach of this Agreement.

3. WhatsApp & Telephony Provider Policies

nexPulse relies on third-party infrastructure, including Meta (WhatsApp Business API) and SIP Telephony providers. By using nexPulse, you simultaneously agree to:

If Meta or our telephony providers block your number or account due to high spam reports, low quality ratings, or policy violations, nexPulse is not liable for business interruption, nor are you entitled to a refund.

4. Data Processing Agreement (DPA)

This section serves as the Data Processing Agreement outlining the handling of personal data uploaded or processed through nexPulse.

4.1 Roles: You (the Client) are the Data Controller. Nexbitz Infotech LLP (nexPulse) is the Data Processor.

4.2 Processing Instructions: We process customer data (phone numbers, names, CRM variables) solely upon your instruction to execute outbound calls and messages via our automated systems.

4.3 Sub-processors: You authorize us to utilize third-party sub-processors (e.g., cloud hosting, LLM providers for AI transcription, Meta, telephony carriers) strictly for the provision of the Service. We ensure sub-processors adhere to equivalent data protection standards.

4.4 Security: We employ commercial-grade encryption and access controls to protect your data. However, as the Controller, you are responsible for ensuring you have the legal right to upload the data into our cloud environment.

4.5 Data Deletion: Upon account termination, or upon your explicit written request, we will delete or anonymize your customer data, barring retention required by law or telecom logging requirements.

5. Wallet, Billing & Telephony Credits

  • Prepaid Model: AI calling and WhatsApp messaging consume prepaid credits from your organization's wallet. Services will pause immediately if the wallet balance drops to zero.
  • Billing Increments: Voice calls are billed per minute or per pulse as defined in your specific pricing tier. WhatsApp messages are billed per conversation according to Meta's regional pricing.
  • Non-Refundable: All wallet top-ups are non-refundable. Funds cannot be withdrawn or transferred.

6. Limitation of Liability & Indemnification

Indemnification

You agree to absolutely defend, indemnify, and hold harmless Nexbitz Infotech LLP, its founders, employees, and affiliates from any and all claims, lawsuits, damages, regulatory fines, penalties, or expenses (including legal fees) arising from:
  • Your failure to obtain required recipient consent.
  • Violations of the TCPA, GDPR, TRAI, or similar communication regulations.
  • Content or data transmitted through your account.

Limitation of Liability

To the maximum extent permitted by law, nexPulse shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, lost data, or business interruption. In no event shall our aggregate liability exceed the total amount you paid to nexPulse in the three (3) months preceding the claim.

7. Account Suspension & Termination

We reserve the right to monitor account metrics (such as call drop rates, WhatsApp block rates, and spam reports). We may suspend or permanently terminate your account without notice or refund if we reasonably suspect:

  • You are violating these Terms of Service.
  • Your messaging or calling patterns trigger spam filters with telecom carriers or Meta.
  • Your account poses a legal, regulatory, or reputational risk to Nexbitz Infotech LLP.

Contact Information

Nexbitz Infotech LLP

Vadodara, Gujarat, India

Email: support@nexbitz.tech

Website: www.nexbitz.tech

By utilizing the nexPulse platform, you electronically agree to these Terms of Service and Data Processing Agreement. If you do not agree to assume full responsibility for your outbound communications, you must not use this software.