Terms of Service
These Terms of Service govern your use of the Superfone platform and mobile application, operated by TRUEGRIT TECHNOLOGIES PRIVATE LIMITED ("Superfone", "We", "Us", or "Our"). By accessing or using Superfone, you agree to be bound by these Terms. If you do not agree, please discontinue use of the platform.
These Terms of Services of the platform located at the Google Playstore, Apple App Store, on mobile sites or mobile application and the other associated/ancillary applications, products, and services ("App") is between TRUEGRIT TECHNOLOGIES PRIVATE LIMITED (referred to as "Superfone" or "We" or "Us" or "Our"), a company incorporated under the Companies Act, 2013 of India with CIN number U74999KA2020PTC133367 and its registered office situated in Bangalore, India, and the registered Users, defined to include any Person (defined below) who registers himself/herself/itself on the App and holds a User account on the App (referred as "You" or "Your" or "Yourself" or "User") describe the terms on which Superfone offers You access to the App and such other services which include but are not limited to a non-exclusive, non-transferable, limited, non-sublicensable, revocable license ("License") to use: (a) App;
(b) Telephone numbers that We allocate to You ("Superfone Numbers");
(c) user guides and such other user documentation relating to Superfone Numbers, (collectively, "Superfone Products"), to help the User manage and grow its Business ("Services").
These Terms of Services is a contract between You and Superfone. These Terms of Services shall be read together with the Privacy Policy and all other notices, disclaimers, guidelines appearing on the App from time to time (collectively referred to as "Agreement(s)") and constitute the entire agreement upon which You are allowed to access and use the App and avail the Services.
For the purposes of this Agreement, the term "Person" shall mean any natural person, firm, company, governmental authority, joint venture, association, partnership, limited liability partnership, society or other entity (whether or not having separate legal personality).
You and Superfone shall hereinafter be individually referred to as a "Party" and collectively as the "Parties."
1. INTERPRETATION
1.1 Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
1.2 Headings and captions are used for convenience only and will not affect the interpretation of these Terms of Services.
1.3 Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as Superfone will, unless repugnant to the context, include its affiliates, successors and permitted assigns.
2. APP SERVICES AND ACCOUNT REGISTRATION
2.1 By accessing this App, you are agreeing to be bound by these Terms of Services, all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this App. Your continued use of the App shall constitute your acceptance to the Terms of Service, as revised from time to time.
2.2 Superfone reserves the right to update the App and/or Services in order to introduce new features or Services, enhance existing features or Services, and improve user experience and performance.
2.3 For availing certain Services, You will be required to register an account on the App (an "Account"). When you register on the App and set up your Account, you must: (i) provide accurate and complete information; (ii) promptly update your Account information with any new information that may affect the operation of Your Account; (iii) authorize Superfone to make any inquiries it considers necessary or appropriate to verify Your Account information or the information You provide to Us related to the Services via the App including KYC information/details, electronic copies of identity proofs, address proof, and such other document proofs or copies as required by applicable law; and (iv) acknowledge and accept any applicable policies, including but not limited to those pertaining to service quality, confidentiality, User integrity, anti-harassment and conflict of interest. You will not use false identities or impersonate any other person or use another account that you are not authorized to use on any computer, mobile phone, tablet, or other device (collectively "Device").
2.4 You are responsible for safeguarding and maintaining the confidentiality of Your Account information. You agree not to disclose Your Account information to any third party and that You are entirely and solely responsible for any and all activities or actions that occur pursuant to the use of Your Account on the App, whether or not You have authorized such activities or actions. You will immediately notify Superfone of any unauthorized use of Your Account.
2.5 You agree that this App, Superfone Products and its Services are made available to You on a non-exclusive, non-transferable, non-sublicensable and on a limited license basis and hence, You will not permit, enable, introduce or facilitate other persons to participate in availing Services from Your Account.
2.6 If You provide any information that is untrue, inaccurate, not current or incomplete, or Superfone has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Superfone has the right to suspend or terminate Your Account and refuse any and all current or future use of the App/Services or any portion thereof.
2.7 Superfone and its officers, directors, contractors or agents shall not be responsible for the authenticity of the information that You or any other user provide to Us. You shall indemnify and hold harmless Superfone and its officers, directors, contractors or agents and any third party relying on the information provided by You in the event You are in breach of these Terms of Services.
3. FREE TRIAL
3.1 Superfone may make the Service available to You on a trial basis free of charge for a period of 7 days ("Free Trial"). No credit card or payment information is required to commence a Free Trial.
3.2 During the Free Trial: (i) the Service is provided "AS-IS" without warranty of any kind; (ii) access to certain features may be limited; (iii) Superfone shall have no obligation to provide support services; and (iv) Superfone shall have no indemnification obligations or liability of any kind with respect to the Service during the Free Trial period.
3.3 The Free Trial does not automatically convert to a paid subscription. At the end of the Free Trial period, You will be prompted to select a paid plan to continue using the Services. If You do not subscribe, Your access to the Services will cease and Your data will be retained for 30 days before deletion.
3.4 Either party may terminate the Free Trial at any time without cause.
4. DUTIES OF A USER
4.1 You shall comply with all applicable local, provincial, national and international laws and regulations in connection with Your use of the Services.
4.2 Users may make and receive calls and send and receive SMS messages through their Superfone number from any location, subject to their subscription plan, applicable carrier requirements, and the laws of the jurisdiction from which they are operating. It is the User's responsibility to ensure that their use of the Services complies with local laws in their location.
4.3 You shall keep Superfone informed of any technical issues or problems with the App, as and when the issues develop.
4.4 You shall not engage in any activity other than strictly for the purposes specifically laid down under these Terms as integral constituents of the Services.
4.5 While using the Services, You shall not:
a. use the Services for sharing of nudity, pornographic or adult material, sexually explicit content, or other content deemed offensive by Superfone according to community standards and/or applicable law. Superfone reserves the right to immediately terminate Your account on being notified of any such act;
b. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any other Person;
c. conduct or forward surveys, contests that are construed as illegal activities including but not limited to gambling activities, pyramid schemes or chain letters;
d. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
e. provide any information that is incorrect or misleading in any way;
f. use any deep-link, robot, spider or other automatic device, program, algorithm or methodology to access, acquire, copy or monitor any portion of the Superfone Products or content, or in any way reproduce or circumvent the navigational structure or presentation of the Superfone Products;
g. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Superfone Products;
h. use the call recording functionality in the event any credit card, debit card, or other payment information or any other sensitive personal information is made available during a call;
i. use the Services to build any application or product competitive with any Superfone product or service;
j. engage in any activity which violates any applicable laws, rules and regulations.
5. SMS ACCEPTABLE USE
5.1 10DLC Registration. Outbound SMS to US phone numbers requires completed A2P 10DLC brand and campaign registration with The Campaign Registry (TCR). Users must complete registration through the Superfone platform before sending outbound messages. Registration fees apply and are non-refundable, including resubmission fees where a registration is rejected.
5.2 Permitted Use. SMS and MMS messaging through Superfone may only be used for transactional and conversational messaging, including order notifications, appointment reminders, customer support communications, and account alerts. Marketing or promotional bulk SMS is not permitted on the Superfone platform.
5.3 Consent and Opt-In. Prior to sending the first message to each recipient, Users must obtain express consent from the recipient. Users must make clear to the recipient what type of messages they will receive. Records of consent must be maintained by the User. Consent is limited to the specific use case for which it was obtained.
5.4 Opt-Out Compliance. All outbound messages must include opt-out language ("Reply STOP to unsubscribe" or equivalent) in the initial message. Users must honour all STOP requests immediately. After a recipient opts out, one final confirmation message may be sent. No further messages may be sent to that number until the recipient re-opts in by replying START. Continued messaging to opted-out numbers is a carrier violation and may result in campaign suspension and account termination.
5.5 Sender Identification. Every message must clearly identify the business sending it, except in follow-up messages of an ongoing conversation.
5.6 Prohibited Content. Users may not send messages containing illegal content, harassment, hate speech, adult content, SHAFT-category content (Sex, Hate, Alcohol, Firearms, Tobacco), or content that violates carrier guidelines or applicable law. Shortened URLs (e.g. bit.ly) are not permitted in message templates.
5.7 Consequences of Violation. Superfone reserves the right to suspend or terminate SMS capabilities and/or the User's account for any violation of these SMS acceptable use terms, without prior notice.
6. MESSAGING POLICY — SUPERFONE TO USER
As part of the Service, You may receive communications from Superfone including messages sent via email or SMS. By signing up for the Service and providing your phone number, you confirm that you want Superfone to send you information regarding your account, transactions, and service updates. You may opt out of non-essential communications at any time by contacting hello@superfone.app.
7. BUSINESS VERIFICATION
Superfone reserves the right to request business verification documents from You at any time. These documents may include but are not limited to identity verification, business owner verification, business registration documents, and proof of opt-in consent for data processing purposes. Compliance with business verification requests is required for continued use of all Services. If You are unable to comply in a reasonable timeframe and in a manner deemed satisfactory by Superfone, Superfone reserves the right to suspend or terminate Your access to the Services.
8. RIGHT OF PARTIES
8.1 Nothing in this Agreement shall be construed to create any relationship between Superfone and You other than that of a service provider and user. You do not have the authority to bind Superfone in any manner whatsoever.
8.2 Notwithstanding anything contained herein, Superfone shall have the unilateral right to terminate this Agreement.
9. DECLARATIONS, REPRESENTATIONS, WARRANTIES AND COVENANTS
9.1 Each Party hereby represents and warrants that it has the legal right, power and authority to enter into, deliver and perform this Agreement.
9.2 The User does not have the right to assign any of their duties or obligations to any other person or organization under this Agreement.
9.3 The User further represents and warrants that: (i) they shall comply with all applicable laws in the course of performing their obligations under this Agreement; (ii) they have no criminal antecedents or convictions and no criminal action is pending against them; (iii) they shall not use the Services except strictly for the purposes specifically laid down in this Terms of Service.
9.4 The User represents and warrants that they shall always comply with applicable local laws and regulations, including legal notice requirements, while using the call recording functionality.
9.5 The User acknowledges and agrees that Superfone Products are not intended to support or carry emergency calls to any Emergency Services, including 911 in the United States and 112 internationally. The Services are meant to be used solely and exclusively for the purposes of managing and growing Your business. Users must maintain an alternative means of contacting emergency services at all times. "Emergency Services" means services that allow a user to connect with law enforcement, fire, medical, or any other emergency services.
9.6 The User acknowledges and agrees that they shall be solely responsible for ensuring compliance with all applicable telecommunications laws, regulations, and carrier requirements in the jurisdictions in which they use the Services, including A2P 10DLC messaging requirements in the United States. The User shall be solely liable for all damages or losses caused or alleged to be caused to Superfone by or in connection with any misuse of the Services.
10. CUSTOMER DATA AND PRIVACY
10.1 Customer Data Ownership. "Customer Data" means any data, information or other material provided, uploaded, or submitted by Customer to the Service in the course of using the Service. Customer retains all right, title and interest in and to the Customer Data, including all intellectual property rights therein. Customer, not Superfone, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data.
10.2 Data Security. Superfone shall use commercially reasonable efforts to maintain the security and integrity of the Service and Customer Data. Superfone is not responsible for unauthorized access to Customer Data unless such access is due to Superfone's gross negligence or willful misconduct.
10.3 Aggregated Anonymous Data. Superfone may internally use Customer Data for the purposes of providing the Service and generating Aggregated Anonymous Data. "Aggregated Anonymous Data" means data collected in aggregate, anonymized form which cannot be linked specifically to Customer. Superfone may freely use Aggregated Anonymous Data for its business purposes including improving, testing, and marketing its products and services.
10.4 Data Deletion Post-Termination. Customer Data may be irretrievably deleted 30 days after this Agreement is terminated or Customer's account becomes delinquent. Customer may request an export of their data within 30 days of termination by contacting hello@superfone.app. Superfone will make commercially reasonable efforts to provide such export.
10.5 Privacy Policy. Use of the Services is also subject to Superfone's Privacy Policy at www.superfone.app/privacy-policy, which is incorporated into this Agreement by reference.
11. PHONE NUMBER RETENTION
11.1 Superfone will retain each phone number under Customer's account for up to 15 days after this Agreement is terminated or Customer's subscription expires, after which the number will be released back to the carrier pool and may be assigned to another party. Superfone makes no guarantee that a released number will remain available or can be reacquired.
11.2 Superfone may attempt to auto-renew Customer's subscription up to 7 days before the expiry date to prevent service disconnection, where Customer has enabled auto-pay. If payment fails and the subscription is not renewed, the 15-day number retention period begins from the date of expiry.
12. PHONE NUMBER PORTING
12.1 Port In. Customers may port existing US or Canadian phone numbers into Superfone at no charge. Porting is subject to carrier approval and may take up to 7 business days. Superfone is not liable for delays caused by the losing carrier.
12.2 Port Out. Customers may port their Superfone numbers out to another provider at no charge. Customers must initiate the port-out request through the Superfone platform or by contacting hello@superfone.app.
12.3 Porting fees will not be charged by Superfone in either direction. Third-party carrier fees, if any, are outside Superfone's control.
13. THIRD PARTY CONTENTS
13.1 We cannot and will not assure that other Users are or will be complying with the foregoing rules or any other provisions of these Terms of Services, and, as between You and Us, You hereby assume all risk of harm or injury resulting from any such lack of compliance.
13.2 You acknowledge that when You access a link that leaves the Services, the site You enter is not controlled by Us and different terms of use and privacy policy may apply. We are not responsible for those sites.
14. INTELLECTUAL PROPERTY
14.1 Superfone shall own all right, title and interest (including patent rights, copyrights, trade secret rights, trademark rights and all other rights of any sort throughout the world) relating to any and all inventions, works of authorship, designs, know-how, content of the App, video recordings, ideas and information which are subject matter of the Services (collectively referred to as "Intellectual Properties").
14.2 You acknowledge and agree that We own and have all rights and interest in all Intellectual Property Rights in Superfone Products. We are only granting You a limited License to use Superfone Products in accordance with this Agreement and are not granting You any Intellectual Property Rights in Superfone Products.
14.3 Except as expressly specified in this Agreement, no other license or right is hereby granted by implication.
14.4 Feedback. You may provide suggestions, comments or other feedback to Superfone with respect to the Service ("Feedback"). You hereby grant to Superfone a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose. Superfone has no obligation to treat Feedback as confidential.
15. CONFIDENTIALITY
The User agrees to keep all technical and non-technical information which Superfone may have acquired before or after the date of this Agreement in relation to the technology, customers, business, operations, financial conditions, assets or affairs of Superfone confidential. This includes but is not limited to business plans, research, technology and financial information, customer lists, marketing plans, software programs, and source documents.
Confidential information shall not include information which: (i) was known by the User prior to receiving it from Superfone; (ii) becomes rightfully known from a third-party source not under an obligation to Superfone to maintain confidentiality; (iii) is or becomes publicly available through no fault of the User; (iv) is required to be disclosed by law or regulation or judicial or administrative proceeding.
16. TERMINATION
16.1 These Terms of Services are effective unless and until terminated by either You or Superfone. You may terminate these Terms of Services at any time by notifying Us that You no longer wish to use Our Services, or when You do not renew Your subscription.
16.2 If in Our sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these Terms of Services, We may terminate these Terms of Services at any time without notice and You will remain liable for all amounts due up to and including the date of termination.
16.3 In the event of any termination of this Agreement, the User shall promptly make all payments accrued or due to Superfone.
16.4 Upon termination of this Agreement:
a. You shall stop using and return the Superfone Number(s) allocated to You. Superfone retains the full and absolute right to re-allocate such Superfone Number(s) to other Users after the 15-day retention period set out in Section 11;
b. any rights or obligations existing at the time of termination which by their nature survive termination shall survive.
17. PAYMENTS
17.1 Subscription Plans. Subscription plans and their respective pricing are published on the App from time to time. The User is advised to select the appropriate subscription based on their business requirements.
17.2 Invoice. Superfone will raise the invoice on the User on the basis of the subscription plan availed. The User shall pay Superfone the periodic subscription fee (inclusive of all applicable taxes) in advance as per the plan chosen.
17.3 Auto-Pay. Where Customer has enabled auto-pay, Superfone may attempt to process payment up to 7 days before the subscription expiry date to prevent service disconnection. Customers will be notified before any charge is made.
17.4 Renewal. The subscription plan may be renewed on expiry of the initial term provided that payment is made in advance. In case the User fails to make payment for the Services, Superfone will cease to provide the Services.
17.5 Irregular Payments. If the User does not make payment or makes irregular payments, Superfone may, in its sole discretion, terminate the subscription plan and/or discontinue the Services without notice.
17.6 Payment Processing. Superfone shall not be responsible or assume any liability in respect of any loss or damage arising directly or indirectly to the User due to any payment issues arising out of any transaction on a third-party payment gateway.
17.7 Pricing Changes. Superfone reserves the right to amend pricing from time to time, subject to notification to the User via the App or email.
17.8 Refund Policy. Superfone offers a 14-day prorated refund on the remaining unused days of Your first paid subscription plan only. After the first plan, all subscription fees are non-refundable. 10DLC registration fees are non-refundable in all cases, including resubmission fees.
18. NO WARRANTIES
18.1 The materials on Superfone's App are provided "as is". Superfone makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
18.2 Superfone shall make commercially reasonable efforts to deal with any technical issues affecting the Services. Superfone does not warrant that the User will be able to use the Services at all times or locations, or that the Services will be uninterrupted or error-free.
18.3 The User acknowledges and agrees that certain Services may provide functionality that allows the User to record and capture audio and data shared during call sessions. The User is solely responsible for complying with all applicable laws including privacy laws in the relevant jurisdictions while using the call recording functionality, including providing notices and obtaining consents. Superfone disclaims any and all liability in connection with User's recording of audio or shared data.
19. INDEMNITY
You shall indemnify and hold harmless Superfone, its owner, licensee, affiliates and their respective officers, directors, agents, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Services, Privacy Policy and other terms and conditions, or Your violation of any law, rules or regulations or the rights of Superfone and/or any third party.
20. LIMITATION OF LIABILITY
IN NO EVENT SHALL SUPERFONE BE LIABLE WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR OTHER SUCH LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, DEPLETION OF GOODWILL, LOSS OR CORRUPTION OF DATA OR INFORMATION, PURE ECONOMIC LOSS OR SIMILAR LOSSES OR DAMAGES OF ANY KIND, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS OF SERVICES, EVEN IF THE PARTIES HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, SUPERFONE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU TO SUPERFONE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
21. CUSTOMER NAME AND LOGO
Customer agrees to allow Superfone to use and display Customer's name and logo on Superfone's website and in Superfone's promotional and marketing materials to identify Customer as a user of the Services. Customer may withdraw this consent at any time by written notice to hello@superfone.app.
22. UPDATES
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Services at any time without prior written notice. We suggest that You regularly check these Terms of Services for updates. Your continued use of the App following the posting of changes will mean that You accept and agree to the revisions.
23. SEVERABILITY
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of applicable law, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Services shall survive, remain in full force and effect and continue to be binding and enforceable.
24. FORCE MAJEURE
If the performance of Superfone's obligations is prevented, restricted or interfered with by reason of fire, epidemic or pandemic, casualty or accident; strike or labour disputes; war or other violence; or any act or condition beyond the reasonable control of Superfone or an act of God (each a "Force Majeure Event"), then Superfone shall be excused from such performance to the extent of such prevention, restriction or interference; provided that Superfone shall give prompt notice within 30 days of the occurrence of the Force Majeure Event and shall use reasonable efforts to avoid or remove such cause of non-performance.
If Superfone's performance is suspended due to a Force Majeure Event for a period in excess of 30 business days, Superfone may terminate these Terms of Services or suspend its Services without incurring any charges.
25. NON-ASSIGNMENT
You shall not assign or transfer or purport to assign or transfer the contract between You and Us to any other person.
26. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms of Services are governed by the laws of India. Any action, suit, or other legal proceeding commenced to resolve any matter arising under or relating to this App shall be subject to the jurisdiction of the courts at Bangalore, India.
27. CONTACT AND GRIEVANCE OFFICER
For any questions, complaints, or grievances regarding these Terms of Service or the Services, please contact:
Name: Nikhil G Email: hello@superfone.app Address: H004, Meadow in the sun, Owners Court West, Kasavanahalli, Bangalore 560035, Karnataka, India
We will endeavour to respond to all complaints within 48 hours and resolve them within 15 business days.
28. SUPPORT
Superfone offers AI chat and email-based support. Support channels and response times may vary depending on your subscription plan. Superfone targets a response time of 2 business days for email-based support, though we endeavour to respond sooner. For support, contact hello@superfone.app or use the Help and Support function within the App.