Terms of Service

These Terms Of Services Is An Electronic Record In The Form Of An Electronic Contract Formed Under The Information Technology Act, 2000 And The Rules Made Thereunder And The Amended Provisions Pertaining To Electronic Documents / Records In Various Statutes As Amended By The Information Technology Act, 2000. These Terms Of Services Does Not Require Any Physical, Electronic Or Digital Signature.

This Document Is Published And Shall Be Construed In Accordance With The Provisions Of Rule 3 (1) Of The Information Technology (Intermediaries Guidelines) Rules, 2011 Prescribed Under Information Technology Act, 2000 That Require Publishing The Rules And Regulations, Privacy Policy And User Agreement For Access Or Usage Of The "App".

These Terms Of Services Is A Legally Binding Document Between Superfone And User (Both Terms Defined Below). These Terms Of Services Will Be Effective Upon Your Acceptance Of The Same (Directly Or Indirectly In Electronic Form, By Clicking On The "I Accept" Tab Or By Use Of The "App" Or By Other Means Of An Electronic Record) And Will Govern The Relationship Between Superfone And User

Please Read These Terms Of Services Carefully. By Using The "App", You Indicate That You Understand, Agree And Consent To These Terms Of Services. If You Do Not Agree With The Terms Of These Terms Of Services, Please Do Not Use This "App". You Hereby Provide Your Unconditional Consent Or Agreements To Superfone As Provided Under Section 43a And Section 72a Of Information Technology Act, 2000 And The Information Technology (Intermediary Guidelines) Rules, 2011.

These Terms of Services of the "App" located at the Google Playstore, on mobile sites or mobile application and the other associated/ancillary applications, products, "App"s 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 with its registered office situated at Meadow In The Sun, Owners Court West Kasavanahalli, Bangalore - 560035, 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 or other terms and condition with all other notices, disclaimers, guidelines appearing on the "App" from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the "App" and avail the Services.

For the purposes, 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”

INTERPRETATION
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.
2. Headings and captions are used for convenience only and will not affect the interpretation of these Terms of Services.
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.
"App" SERVICES AND ACCOUNT REGISTRATION
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. SuperFone reserves the right to update the "App" and /or Services, in order to, inter alia, introduce new features or Services, enhance existing features or Services, improve user experience and performance. You hereby agree that SuperFone will be able to provide support services only if you install all the updates upon receiving notifications while using the "App" and its Services
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, such other document proofs or copies or any such information as required mandatorily by applicable law that need to be provided to Us; 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”).
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. You may be held liable for losses incurred by SuperFone due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
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, including others who may be subject to an agreement that is the same or similar to this Agreement.
6. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes 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).
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 including this provision and the immediately preceding provisions above
DUTIES OF A USER
1. You shall comply with all applicable local, provincial laws, and regulations in connection with Your availing of the Services.
2. You shall keep SuperFone informed of any technical issues or problems with the "App", as and when the issues develop.
3. 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. While Using the Services, You shall not-
  1. use the Services and the assets, either directly and/or indirectly, for sharing of nudity, pornographic or adult material, sexually explicit images or descriptions involving sexual behaviour, or other content deemed offensive by SuperFone according to community standards and/or applicable law, is strictly prohibited. SuperFone reserves a right to immediate terminate Your account on being notified of any such act performed without any further notice;
  2. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any other Person;
  3. conduct or forward surveys, contests that are construed as illegal activities that include but are not limited to gambling activities, pyramid schemes or chain letters;
  4. 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 contained in a file that is uploaded;
  5. provide any information that is incorrect or misleading in any way;
  6. use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, 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, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the "App";
  7. 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;
  8. use the call recording functionality in the event any credit card, debit card, other payment information or any other sensitive personal information is made available to You and/or Your customer during a call;
  9. engage in any activity which violates any applicable laws, rules and regulations.
RIGHT OF PARTIES
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.
2. Notwithstanding anything contained herein, SuperFone shall have the unilateral right to terminate this Agreement.
DECLARATIONS, REPRESENTATIONS, WARRANTIES AND COVENANTS
1. Each Party hereby represents and warrants that it has the legal right, power and authority to enter into, deliver and perform this Agreement and any other documents executed in connection with or pursuant thereto.
2. Notwithstanding anything contained herein, the User does not have the right to assign any of his/her duties or obligations to any other person or organization under this Agreement.
3. The User further represents and warrants that (i) it/he/she shall comply with all applicable laws in the course of performing its obligations under this Agreement; (ii) it/he/she has no criminal antecedents or convictions and/ or no criminal action is pending against him/her; (iii) it/he/she shall not use the Services except strictly for the purposes specifically laid down in this Terms of Service.
4. Notwithstanding anything in this Agreement or otherwise, the User represents and warrants that it/he/she shall always comply with applicable local laws and regulations including legal notice requirements thereof while using the call recording functionality.
5. The User acknowledges and agrees that SuperFone Products are not intended to support or carry emergency calls to any Emergency Services and the Services are meant to be used solely and exclusively for the purposes of managing and growing Your business. For the purposes of this Agreement, the term “Emergency Services” shall mean and refer to the services that allow a user to connect with emergency services such as law enforcement service, fire service, medical service or any other similar emergency services or any other similar emergency services.
6. The User further acknowledges and agrees that it/he/she shall be solely responsible for ensuring all compliances with any and all the regulations, statutes, orders, decisions, directions, notifications issued by Telecom Regulatory Authority of India (“TRAI”) and any other law in force from time to time which may be applicable to the use of any of the Services. The User acknowledges and agrees that it/he/she shall be solely liable, directly or indirectly, for all damages or losses caused or alleged to be caused to SuperFone, by or in connection with any misuse of the Services provided by SuperFone and for any and all other violations of the applicable laws.
THIRD PARTY CONTENTS
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.
2. You acknowledge that when You access a link that leaves the services, the site You will enter into is not controlled by Us and different terms of use and privacy policy may apply. By assessing links to other sites, You acknowledge that We are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Services, although we are under no obligation to do so.
INTELLECTUAL PROPERTY
1. SuperFone shall own all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, content of the "App", video recordings, ideas and information, google text chats which are subject matter of services (collectively referred to as “Intellectual Properties”).
2. Notwithstanding anything contained in this Agreement, Intellectual Properties include all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like.
3. You acknowledge and agree that We own and have all the rights and interest in all the Intellectual Property Rights in SuperFone Products. You further acknowledge that We are only granting to You a limited License to use SuperFone Products in accordance with this Agreement and are not granting to You any Intellectual Property Rights in SuperFone Products.
4. Except as expressly specified in this Agreement, no other license or right is hereby granted by implication.
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 resulting from negotiating this Agreement; or exercising its rights or performing its obligations under this Agreement; or which relates to the contents of this Agreement (or any agreement or arrangement entered into pursuant to this Agreement), including but not limited to business plans, business forecasts, research, technology and financial information, procurement requirements, purchasing requirements, manufacturing, customer lists, sales and merchandising efforts, marketing plans, experimental work, development, design details, specifications, engineering, copyrights, trade secrets, proprietary information, know-how, processes, equipment, algorithms, software programs, software source documents, and information in any way related to the current, future and proposed business, SuperFone Products and Services of SuperFone confidential or any other information designated as confidential from time to time.

Notwithstanding anything in the foregoing to the contrary, confidential information shall not include information which: (i) was known by the User prior to receiving the confidential information from SuperFone; (b) becomes rightfully known to the User from a third-party source not known (after diligent inquiry) by the User to be under an obligation to SuperFone to maintain confidentiality; (c) is or becomes publicly available through no fault of or failure to act by the User in breach of this Agreement; (d) is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation.
TERMINATION
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 to the Services.
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; and/or accordingly may deny You access to our Services (or any part thereof).
3. In the event of any termination of this Agreement, the User shall promptly and forthwith make payments accrued or due to SuperFone.
4. Upon termination of this Agreement:
  1. You shall forthwith stop using and return the Superfone Number(s) that were allocated to You under this Agreement and SuperFone retains the full and absolute right to re-allocate such SuperFone Number(s) to Our other Users;
  2. any rights or obligations of the User existing at the time of expiration or termination, which, by their nature, survive the expiration or termination of this Agreement and such other provision as specifically identified in this Agreement, shall survive.
PAYMENTS
1. "App" Subscription:
  1. Term & Subscription Plan: The subscription plans and their respective pricing will be updated on the "App" from time to time and the User is advised to select the appropriate subscription based on its business requirements.
  2. Invoice: SuperFone will raise the invoice on the User on the basis of the subscription plan availed by such User for the Services. The User shall pay SuperFone the periodic subscription fee (inclusive of all taxes) in advance as per the plan which it chooses.
  3. Renewal: The subscription plan may be renewed by the Parties on expiry of the initial term of the subscription plan provided that consideration for the Services is paid in advance by the User. In case the User fails to make payment for the Services, SuperFone will cease to provide the Services in any capacity.
  4. Irregular Payments: If the User does not make payment or makes irregular payments, SuperFone may, in its sole discretion, terminate the subscription plan availed by the User and/or discontinue the Services without notice.
2. Multiple Payment Options: The User acknowledges that multiple payment options such as debit/credit card, net banking, Unified Payments Interface (UPI) etc are made available at the time of making transaction. The User further agrees and acknowledges that 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 the third-party payment gateway. However, SuperFone reserves the right, but have no obligation, to facilitate and support the User in mutually resolving any transaction failure or such other payment issues faced by the User; provided however, that the User ensures and takes all reasonable efforts to immediately contact, co-operate with and notify SuperFone regarding the payment issues faced by the User.
3. SuperFone reserves the right to amend the pricing, pricing bands or structure in any transaction that falls within the purview of this Agreement from time to time for any reason whatsoever, subject to due notification of such amendment to the User (direct notification or via SuperFone’s "App") and the User specifically disclaims any and all rights that vest upon him/her under any contract, law or equity in this regard.
4. Refund Policy:
  We do not have a refund policy.
NO WARRANTIES
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. Furthermore, SuperFone does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its "App" or otherwise relating to such materials or on any sites linked to this site.
2. For the duration of the term of this Agreement, the "App" shall be maintained by SuperFone and it shall make its commercially best efforts to deal with any technical issues affecting the Services (such as, for instance, the platform becoming inoperative). SuperFone does not warrant that the User will be able to use the Services at all times or locations on the "App" or that the platform and the Services provided through the "App" will be uninterrupted or error-free.
3. The materials as appearing on the "App" may contain typographical errors, inaccuracies or omissions. SuperFone reserves the right, although it is under no obligation to do so, to correct any errors, inaccuracies or omissions, and to change or update information or material as appearing on the "App" at any time without prior notice.
4. The User acknowledges and agrees that certain Services may provide functionality that allows the User to record and capture audio and data shared during the call sessions. The User further agrees that it/he/she 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, obtaining consents and maintaining documentation of such consent. SuperFone disclaims any and all liability relating to or in connection with User’s recording of audio or shared data, and the User hereby agrees to defend, indemnify and hold SuperFone harmless from all the damages, losses or liabilities related to the recording of any audio or data.
INDEMNITY
You shall indemnify and hold harmless SuperFone, its owner, licensee, affiliates (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions 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 (including infringement of intellectual property rights) of SuperFone and/or third party, including but not limited to any damages caused to the brand image of SuperFone by means of posting wrong/obscene/ deteriorating/decadence posts/video on social media sites/blogs.
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 THOSE SUCH AS AND/OR RESULTING FROM 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 AND/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.
PRIVACY POLICY
Use of the Services is also subject to SuperFone’s Privacy Statement, a link to which can be found by selecting “Privacy Policy” in the footer of SuperFone’s "App". The Privacy Policy noticed at www.superfone.in/privacy-policy is incorporated into this Agreement by this reference.
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 any prior written notice to You. We suggest that You regularly check these Terms of Services to apprise Yourself of any updates. Your continued use of the "App" following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Services, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the "App".
SEVERABILITY
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction 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.
FORCE MAJEURE
If the performance of SuperFone’s obligations hereunder is prevented, restricted or interfered with by reason of fire, or by epidemic or pandemic, or other 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, however, that SuperFone shall give prompt notice within a period of thirty (30) days from the date of occurrence of the Force Majeure Event and providing a description to the User of such Force Majeure Event in such notice, including a description, in reasonable specificity, of the cause of the Force Majeure Event and the likely duration of the impact or delay cause by the Force Majeure Event; and provided further that SuperFone shall use reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes are removed.

If SuperFone’s performance of its obligations under this Agreement is suspended due to the occurrence of a Force Majeure Event for a period in excess of thirty (30) business days, SuperFone may terminate these Terms of Services or suspend its Services or use of "App" without incurring any charges.
NON-ASSIGNMENT
You shall not assign or transfer or purport to assign or transfer the contract between You and Us to any other person.
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms of Services are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this "App", shall be subject to the jurisdiction of the courts at Bangalore, India.
GRIEVANCE REDRESSAL OFFICER
In furtherance of the Information Technology Act, 2000 (“IT Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Guidelines”) a grievance officer is appointed to ensure compliance with the IT Act and the Intermediary guidelines.
Any discrepancies or grievances with regard to content and or comment or breach of the Terms of Service shall be taken up with the designated grievance officer as mentioned below in writing or through email signed with the electronic signature to:

Attention: Nikhil Goenka
Email ID: nikhil@superfone.in
Address: Truegrit Technologies Pvt. Ltd., Meadow In The Sun, Owners Court West, Kasavanahalli, Bangalore – 560035

The grievance officer shall revert to every complaint within 24 hours of receipt of the complaint. Further, SuperFone shall take best possible efforts to redress the complaint within 15 days of receipt of the complaint. Any suggestions by SuperFone regarding use of the Services shall not be construed as a warranty.
SUPPORT
SuperFone offers an email, calling and in-app-based support system. In case you require any assistance or support, you may access support resources or contact our support via Whatsapp at +91 9035504487, or use the “Help and Support” function on the App, or email at hello@superfone.in . The SuperFone provides Support on Monday – Friday between the hours of 10 a.m. – 6:30 p.m. IST (except public holidays).

The User agrees and acknowledges that SuperFone shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by SuperFone, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by SuperFone. Any suggestions by SuperFone regarding use of the Service shall not be construed as a warranty.

In furtherance of the Consumer Protection Act 2019 (“Consumer Protection Act”) and the Consumer Protection (E- Commerce) Rules 2020 (“E-Commerce Rules”) a nodal officer is appointed to ensure compliance with the Consumer Protection Act and the E-Commerce Rules.

The details of the grievance officer to which consumer grievances can be redressed are as follows;
Name: Nikhil Goenka
Contact Details: hello@superfone.in
Designation of such officer: Director

SuperFone shall revert to every complaint within 48 hours of receipt of the complaint. Further, SuperFone shall take best possible efforts to redress the complaint within 30 days of receipt of the complaint. Any suggestions by SuperFone regarding use of the Services shall not be construed as a warranty.

The User agrees and acknowledges that SuperFone shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by SuperFone, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by SuperFone. Any suggestions by SuperFone regarding use of the Service shall not be construed as a warranty.
CONTACT
If you have any questions regarding the Services or usage of the App, please contact SuperFone at hello@superfone.in . Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.

Referral program