Legal

1. Number Porting

1.1 You understand and agree that you will have use of the telephone number(s) provided as part of the Services only until the end of the Term. Plivo is the customer of record for all telephone number(s) provided as part of the Services and, therefore, holds certain rights regarding the porting of the number(s) (where "Porting" refers to causing or attempting to cause number(s) to be transferred, switched, or otherwise moved to any other service provider, telephone carrier, or any other person or entity). As the customer of record for the telephone number(s), Plivo owns the telephone number(s) assigned to you and reserves the right to refuse to port any telephone number(s) at its discretion. You must pay all outstanding balances on your Plivo account(s) before Plivo initiates any Porting requests.

1.2 If you “ported in” any telephone number(s) in connection with your use of the Services, Plivo assigned you one or more toll-free telephone numbers, or you are entitled to “port out” a telephone number under non-U.S. law or by agreement with Plivo, you may “port out” such number(s) only if the following requirements are met: (1) you provide written notice to Plivo of your intent to “port out” such number(s) no later than 30 days after notifying Plivo of your intent to terminate these Terms of Service (the “Porting Notice Period”); (2) your new telephone carrier provides Plivo’s telephone carrier with a duly executed porting request before the expiration of the Porting Notice Period; (3) you have paid Plivo for all Services provided to you before the date you notified Plivo of your intent to terminate these Terms of Service; and (4) you have paid Plivo any administrative fees associated with processing the port. You authorize Plivo to charge your account for the administrative fees mentioned in subsection (4) above or otherwise arrange for this payment to Plivo within the Porting Notice Period. Regardless of when the port out is completed, you will continue to be responsible for paying all applicable account fees for the telephone numbers until these Terms of Service are formally terminated. If you do not meet the above requirements, Plivo remains the customer of record for the number(s), and you are expressly prohibited from transferring or attempting to transfer such number(s) to any other service provider, telephone carrier, or entity. Plivo also retains the right to reclaim the number(s) from you if they are ported out in violation of these requirements and may charge your account or take other measures to recover the costs associated with returning the number(s) to Plivo. You acknowledge and agree that, even if you meet the requirements in this section, technical or procedural difficulties may arise during the porting process, potentially preventing your new carrier from porting the numbers. Plivo is not responsible for such technical or procedural difficulties. Additionally, following the termination of these Terms of Service for any reason, your number(s) may be reassigned to another customer. Plivo will not be liable for damages (including consequential or special damages) arising from such reassignment, and you waive any claims related to such reassignment, regardless of the grounds. You acknowledge and agree that Plivo may need to change the telephone number(s) assigned to you. Plivo will not be liable for damages arising from any such change, and you waive any claims related to such changes.

2. Special Conditions Relating to Voice Calls and Short Code Services

2.1 Voice calls made while using Plivo’s services are subject to carrier regulations in the region of use and the region where the call is made or received. When using the Services, the following conditions and surcharges apply:

2.2 Abandoned calls during any applicable calendar month should be less than 20%. If more than 20% of total call attempts are abandoned calls in any month, Plivo reserves the right to charge, and you will pay, the Abandoned Call Surcharge for abandoned calls exceeding this threshold. The percentage of abandoned calls is calculated by dividing the total number of abandoned calls by the total number of calls. Abandoned calls are defined as calls initiated by Plivo that are zero (0) seconds in duration, where the end user has not answered or has rejected/missed the calls. Abandon Call Surcharge - $0.02 per call.

2.3 The Average Call Duration (ACD) during any applicable calendar month should be greater than thirty-five (35) seconds. If the ACD is less than thirty-five (35) seconds in any month, Plivo reserves the right to charge, and you will pay, an ACD Surcharge equal to the number of minutes that would have been used if the ACD met thirty-five (35) seconds, minus the actual minutes used, multiplied by the ACD Surcharge. ACD Surcharge - $0.02 per minute.

2.4 Short Duration Calls during any calendar month should be less than 10%. If 10% or more of completed calls in any month are Short Duration Calls, Plivo reserves the right to charge, and you will pay, a surcharge per Short Duration Call. Short Duration Calls are defined as calls initiated by Plivo that are less than six (6) seconds in duration, where the end user has answered. Short Call Duration Surcharge - $0.015 per call.

2.5 Incomplete calls to incoming toll-free numbers should be less than 5% during any calendar month. If more than 5% of total call attempts are incomplete toll-free calls in any month, Plivo reserves the right to charge, and you will pay, the Incomplete Toll-Free Call Surcharge for those exceeding this threshold. The percentage is calculated by dividing the total number of incomplete toll-free calls by the total number of calls. Incomplete toll-free calls are defined as calls received by Plivo on a specific toll-free number that are zero (0) seconds in duration, where the Plivo customer who owns/rents the toll-free number has not answered or has rejected the calls. Incomplete Toll-Free Call Surcharge - $0.10 per call.

2.6 Cancellation of any Short Code services must be provided in writing at least 30 days before the Short Code rental renewal date. All Short Code fees are non-refundable and non-transferable.

3. Telecommunications Services - India

3.1 Nature of Telecommunications Services

The Services include Telecommunications Services such as voice calling, messaging (SMS/MMS), SIP trunking, number provisioning, and related telecommunications functionalities delivered through the Plivo Cloud Platform. Customer acknowledges that the provision of telecommunications Services is dependent upon, and subject to, the infrastructure, policies, and interconnection arrangements of underlying telecommunications operators and carriers in India.

3.2 Regulatory Compliance

Plivo shall maintain all necessary licenses, registrations, and authorizations required under applicable Indian telecommunications laws and regulations for the provision of the Telecommunications Services, including any licenses or permissions required under the Indian Telecommunications Act, 2023, and directions issued by DOT and TRAI.

3.3 DLT Registration and Compliance

Where Customer uses the Telecommunications Services for the purpose of sending commercial communications (including promotional, transactional, or service messages via SMS), Customer shall: (a) register as a principal entity on a TRAI-approved DLT platform; (b) register all message templates, headers, and content with the applicable DLT platform prior to use; (c) ensure that all communications sent through the Services conform to the registered templates and headers; and (d) comply with scrubbing requirements against the NCPR (National Customer Preference Register) or any successor registry for preference management. Failure to comply with DLT registration and TRAI regulations may result in message delivery failures, for which Plivo shall not be liable.

3.4 Number Provisioning and Usage

3.4.1 Indian telephone numbers (including virtual numbers, long codes, toll-free numbers, and short codes) provisioned by Plivo are subject to the terms and conditions imposed by DOT, TRAI, and the relevant telecommunications operators. Plivo reserves the right to recall, reassign, or discontinue any provisioned number if required by a regulatory authority or operator.

3.4.2 Customer shall use provisioned numbers only for the purposes permitted under applicable law and this Agreement. Customer shall not use numbers for any unlawful purpose, including but not limited to fraud, impersonation, harassment, or circumvention of telecommunications regulations.

3.5 Territorial Use Restriction

You acknowledge, understand, and agree that the services provided by Plivo within India are intended solely for sending and receiving interaction traffic within India.

Prohibited Use: You shall not use these services to transmit interaction traffic from India to any other country or from outside India into India.

3.6 Prohibition on Toll Bypass

Customer shall not use the Services, or engage in any action or arrangement, that results in or may result in toll bypass, unauthorized routing of traffic, or any other means of circumventing the licensed carriage, interconnection, or settlement arrangements of underlying telecommunications operators.

3.7 Regulatory Access to Interaction Logs and KYC

Customer agrees and acknowledges that Plivo has the right to require, from time to time, interaction logs (including endpoint MAC IDs, user KYC information, and related records). Where Plivo receives a request from a regulatory authority, Customer shall furnish such logs and information to Plivo within two (2) hours of Plivo’s request.

3.8 KYC Compliance

Customer shall ensure compliance with all KYC requirements promulgated by the DOT and/or any other regulatory authority, as may be applicable and amended from time to time.

3.9 Regulated Messaging and Over-the-Top Services

To the extent that any other messaging or communication services, including WhatsApp and other over-the-top (OTT) services, are or become regulated by the DOT, TRAI, or any other regulatory authority, Customer shall comply with all such applicable regulations and shall not use the Services in violation of the same, including in respect of the sending of promotional communications or financial services OTPs (one-time passwords).

Any breach of this restriction and/or non-compliance shall be deemed a material violation of the Agreement and may result in immediate suspension or termination of Services, in addition to any applicable legal or regulatory consequences.