Terms and Conditions

1. Phynxa Services

Phynxa provides artificial-intelligence-powered communication and automation services that may include:

• AI voice agents
• inbound and outbound calls
• browser-based agent testing
• sales and lead qualification
• customer-support automation
• appointment booking
• call campaigns
• contact-list management
• capture forms
• call recording and playback
• speech recognition and transcription
• AI-generated call summaries
• intent, sentiment and outcome analysis
• call-history management
• knowledge bases
• document retrieval during live calls
• CRM integrations
• email and calendar integrations
• APIs
• webhooks
• external tool and endpoint execution
• workflow automation
• analytics and reporting
• call-data exports
• team and permissions management
• phone-number connectivity
• AI model selection
• voice-provider selection
• speech-recognition provider selection
• onboarding, account preparation and AI training
• custom integrations and professional services.

The Services support connecting phone numbers from providers such as Twilio, Telnyx, Plivo, Vonage and Exotel, running outbound campaigns, calling external APIs during live conversations, uploading business knowledge and connecting CRM systems.

Features available to a Customer depend on the Customer’s plan, budget tier, configuration, provider selection, geographic availability, integration scope and applicable Order Form.

Phynxa may add, modify, replace or discontinue features where reasonably necessary for security, performance, legal compliance, provider compatibility or product development.

2. Business Use and Eligibility

Phynxa is primarily intended for business and professional use.

You must be legally capable of entering into a binding agreement.

If you use Phynxa for an organisation, you must have authority to act on behalf of that organisation.

You agree to provide accurate and complete registration, billing and business information.

You may not create accounts using false identities or impersonate another business or individual without lawful authority.

3. Account Security

You are responsible for protecting your:

• passwords
• API keys
• telephony credentials
• provider credentials
• authentication tokens
• connected application credentials
• user permissions
• team-member access.

You are responsible for activities performed through your account by authorised users.

You must promptly notify Phynxa at info@phynxa.com if you suspect unauthorised access.

Phynxa may disable or rotate credentials, suspend integrations or restrict access where we reasonably believe there is a security risk.

4. Customer Responsibility for AI Agents

The Customer controls how its AI agents are configured and used.

The Customer is responsible for:

• agent prompts
• system instructions
• scripts
• greetings
• required disclosures
• call objectives
• contact lists
• campaign audiences
• product information
• pricing information
• policies communicated to callers
• knowledge-base documents
• appointment rules
• escalation instructions
• API actions
• CRM actions
• call-transfer rules
• data-capture fields
• retention settings
• automated workflows
• sales claims.

Customers must test agents before using them in production.

Phynxa does not independently verify the accuracy of Customer-provided business information.

5. Artificial Intelligence Limitations

Artificial intelligence systems are probabilistic and may occasionally generate inaccurate, incomplete, delayed, misunderstood or inappropriate responses.

Phynxa does not guarantee that an AI agent will:

• correctly understand every speaker
• correctly recognise every accent or dialect
• accurately transcribe every conversation
• provide error-free answers
• correctly classify caller intent
• correctly classify sentiment
• successfully complete every booking
• successfully transfer every call
• successfully complete every API action
• achieve a specific sales result
• achieve a particular conversion rate
• replace human staff
• operate identically in every conversation.

Customers must maintain appropriate monitoring, escalation and human-review procedures.

AI output should not be used as the sole basis for high-impact or legally significant decisions.

6. Regulated and High-Risk Uses

Unless specifically agreed in writing and legally permitted, Phynxa must not be used as the sole professional or decision-making system for:

• medical diagnosis
• emergency response
• legal advice
• investment advice
• lending decisions
• credit decisions
• insurance underwriting
• employment decisions
• immigration decisions
• law-enforcement decisions
• government-benefit eligibility
• other regulated or high-impact determinations.

Customers operating in regulated industries are responsible for obtaining all required licences, approvals and compliance reviews.

7. Outbound Calling and Telemarketing

The Customer is responsible for ensuring that all outbound calling activities comply with applicable laws and regulations in every jurisdiction where calls are made.

This includes compliance with:

• telemarketing laws
• direct-marketing rules
• consumer-protection rules
• telecommunications regulations
• privacy laws
• consent requirements
• recording laws
• do-not-call registries
• permitted calling hours.

For UAE campaigns, Customers must comply with applicable UAE telemarketing requirements, including rules governing approvals, calling times, DNCR screening, recording notices and identification of the company and call purpose.

Customers are responsible for ensuring that they:

• have lawful authority to contact recipients
• maintain evidence of consent or another lawful basis where required
• respect opt-out requests
• screen numbers against applicable suppression lists
• provide legally required disclosures
• use compliant phone numbers
• identify their business accurately
• disclose call purposes where required
• comply with permitted calling times
• avoid unlawful repeat calling
• maintain records required by law.

Phynxa may suspend or terminate campaigns that create a material legal, regulatory, carrier, security or reputational risk.

8. UAE Telemarketing Compliance

Customers conducting telemarketing activity in the UAE are responsible for complying with all applicable UAE telemarketing regulations.

Where required by law, this may include:

• prior regulatory approval
• use of authorised business telephone numbers
• DNCR screening
• recording of marketing calls
• recording notices
• company identification
• disclosure of call purpose
• compliance with permitted calling hours
• restrictions on repeated calls
• stopping calls following a consumer rejection
• maintenance of appropriate campaign records.

Phynxa provides enabling technology and does not certify a Customer’s campaign as legally compliant.

9. Prohibited Uses

You must not use Phynxa for:

• fraud
• scams
• phishing
• spam
• unlawful robocalling
• harassment
• threats
• extortion
• deceptive marketing
• deceptive caller-ID spoofing
• unlawful impersonation
• identity theft
• malicious software
• credential theft
• unlawful surveillance
• unauthorised access to third-party systems
• unlawful collection of personal data
• falsification of consent
• circumvention of do-not-call rules
• infringement of intellectual-property rights
• unlawful discrimination
• deceptive synthetic voices
• unlawful voice cloning
• illegal products or services
• interference with emergency services
• activity designed to damage Phynxa or third-party infrastructure.

Phynxa may investigate suspected violations and may suspend access where reasonably necessary.

10. Voice Cloning

Where Phynxa offers voice-cloning functionality, the Customer represents that it has all rights, permissions and consents necessary to use the submitted voice.

You may not clone or imitate another person’s voice without lawful authorisation.

Customers are responsible for any legally required disclosure that a synthetic or cloned voice is being used.

Phynxa may reject or remove cloned voices where there is a reasonable concern regarding impersonation, fraud, infringement or unlawful use.

11. Call Recording and Transcription

Where recording or transcription is enabled, Customers are responsible for determining whether consent or notice is legally required.

Customers must configure appropriate announcements or notices where required.

Phynxa does not guarantee that recordings or transcripts will always be complete, uninterrupted or error-free.

12. Call Intelligence and Analytics

Phynxa may generate information such as:

• transcript
• summary
• intent
• sentiment
• outcome
• duration
• response time
• tools used
• costs
• call direction
• performance measurements.

These outputs are generated automatically and may contain errors.

They are intended to assist business operations and should not be treated as independently verified facts.

13. Customer Data

The Customer retains ownership of Customer Data submitted to or processed through Phynxa, subject to applicable third-party rights.

“Customer Data” may include:

• contact information
• recordings
• transcripts
• prompts
• business documents
• uploaded files
• CRM records
• knowledge-base content
• campaign data
• appointment information
• analytics data.

The Customer grants Phynxa only those rights reasonably necessary to provide, operate, maintain, secure and support the Services.

14. Self-Hosted Deployments

Phynxa can be deployed in a Customer-controlled environment. In that case, calls, transcripts and contacts may be written to a database in the Customer’s own environment, with provider credentials maintained there.

Where a self-hosted deployment is used, the Customer is responsible for:

• server security
• database security
• operating-system security
• network security
• access controls
• backups
• disaster recovery
• credential management
• retention settings
• infrastructure maintenance
• software updates where applicable.

The Customer remains responsible for securing credentials stored within its own environment.

15. Personal Data and Privacy

Customers must ensure that personal data supplied to Phynxa or processed through Phynxa is collected and used lawfully.

The Customer is responsible for:

• establishing a valid legal basis
• obtaining consent where required
• issuing privacy notices
• maintaining data accuracy
• applying appropriate retention periods
• respecting data-subject rights
• ensuring lawful cross-border transfers
• maintaining evidence of consent where required.

Our Privacy Policy explains how Phynxa handles personal data. Where Phynxa processes personal data on behalf of a Customer, the parties may enter into a separate Data Processing Agreement.

16. Knowledge Bases and Uploaded Documents

Customers may upload documents and other business information for use by AI agents during calls.

Customers are responsible for ensuring that uploaded content is:

• accurate
• current
• lawful
• properly licensed
• appropriate for customer-facing use
• free from misleading information.

Phynxa does not independently verify Customer knowledge-base content.

17. APIs, Tools and Webhooks

Phynxa may allow agents to call external systems during conversations and may send completed-call information through APIs or webhooks. Developer access is provided through API keys.

Customers are responsible for:

• maintaining valid credentials
• approving connected systems
• configuring API scopes
• securing API keys
• verifying destination endpoints
• third-party charges
• reviewing automated actions before production use.

18. CRM and Third-Party Integrations

Phynxa may connect to CRM systems, email and calendar systems, video-meeting services, communication providers and other third-party services.

Customers authorise the exchange of information required for the selected integration.

Phynxa is not responsible for outages, pricing changes, API changes, data restrictions or service interruptions originating solely from third-party providers.

Connecting your Google account

If you connect Gmail, Google Calendar, Google Meet or Google Sheets, you authorise Phynxa to use your Google account only for the actions you enable. For example, sending an email you asked an agent to send, creating or reading calendar events, creating a meeting link, and adding or changing a row in a spreadsheet you chose. Phynxa asks Google for the narrowest permissions each action needs.

Phynxa’s use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. The details are in our Privacy Policy.

You may disconnect a Google account at any time from the Integrations page, or remove Phynxa’s access from your Google Account permissions page. You remain responsible for the content of emails and calendar events your agents create through your account, and for complying with Google’s own terms.

19. Third-Party AI and Infrastructure Providers

Phynxa may depend on third-party providers for:

• AI models
• voice synthesis
• speech recognition
• telephony
• hosting
• messaging
• email
• CRM integrations
• analytics
• payment processing
• cloud infrastructure.

Third-party pricing, availability and technical capabilities may change independently of Phynxa.

Phynxa may change providers where reasonably necessary.

20. Telecommunications and Phone Numbers

Telephone numbers and carrier services may be supplied through third-party telecommunications providers.

Number availability is not guaranteed.

Certain numbers may require:

• identity verification
• business verification
• proof of address
• regulatory approval
• additional documentation.

Carrier rules, charges and geographic restrictions may apply.

21. Intellectual Property

Phynxa and its licensors retain all rights in:

• the Phynxa platform
• software
• interface
• designs
• source code
• workflows
• documentation
• trademarks
• brand assets
• proprietary technology
• product improvements.

Nothing in these Terms transfers ownership of Phynxa intellectual property to the Customer.

Except where expressly authorised, Customers may not:

• reverse engineer the Platform
• reproduce the Platform
• resell Phynxa software
• sublicense the Platform
• copy proprietary interfaces
• create derivative competing products from proprietary Phynxa technology.

22. Customer Content Ownership

Customers retain ownership of their original business content and Customer Data.

Phynxa does not acquire ownership of the Customer’s:

• business documents
• CRM data
• customer lists
• call recordings
• transcripts
• knowledge-base materials.

23. Feedback

If you voluntarily provide product suggestions or feedback, you grant Phynxa a worldwide, perpetual, royalty-free right to use that feedback to improve its products and services without compensation.

Phynxa will not publicly identify you as the source without permission.

24. Pricing

Phynxa pricing may include:

• subscription fees
• budget-based feature tiers
• AI usage
• call minutes
• AI model charges
• voice-provider charges
• speech-recognition charges
• telecommunications costs
• number rental
• additional agents
• onboarding
• AI training
• integrations
• professional services
• support packages
• optional add-ons.

The applicable commercial terms are those displayed at the time of purchase or confirmed in an Order Form or quotation.

25. Credit-Based Feature Access

Phynxa may offer feature access based on the amount of credit the Customer buys.

Credit amounts may unlock different levels of:

• AI agents
• analytics
• integrations
• API functionality
• knowledge-base capabilities
• team access
• support
• automation
• enterprise capabilities.

A credit amount does not guarantee a specific number of AI minutes unless expressly stated.

AI usage and feature access may be billed as separate commercial components.

26. Pricing Calculator and Estimates

Any calculator, model recommendation, cost projection or estimated usage displayed by Phynxa is for planning purposes.

It does not constitute a binding quotation.

Final pricing may depend on:

• AI model
• voice provider
• hearing provider
• actual usage
• carrier
• destination
• integrations
• support level
• concurrency
• currency conversion
• taxes
• provider billing methods
• implementation requirements.

27. Usage Measurement

Where billing is based on:

• minutes
• calls
• tokens
• messages
• conversations
• API requests
• provider usage
• another measurable unit,

Phynxa’s metering records will be used for billing unless a demonstrable measurement error exists.

Different providers may calculate usage differently.

28. Additional Usage

Additional usage beyond the Customer’s included allowance may be charged at the rate applicable to the Customer’s configuration.

Where an advertised overage rate applies, it will be stated in the applicable pricing page, Order Form or quotation.

AI model, voice, hearing and telecommunications charges may differ depending on the selected configuration.

29. Add-ons

Optional add-ons may include:

• additional AI agents
• additional usage
• voice cloning
• custom CRM integration
• dedicated UAE telephone numbers
• WhatsApp Business setup
• custom APIs
• professional onboarding
• AI training
• premium support.

Add-on availability and pricing may change.

30. Setup and AI Training

Phynxa may charge a one-time fee for:

• account preparation
• AI agent configuration
• business-information setup
• knowledge-base preparation
• agent training
• testing
• initial deployment assistance.

Setup and custom implementation fees become non-refundable once work has commenced, except where otherwise required by law or agreed in writing.

31. Taxes

Unless clearly stated otherwise, prices exclude applicable VAT or other taxes.

Customers are responsible for taxes applicable to their purchase, except taxes imposed directly on Phynxa’s income.

32. Payment

Invoices must be paid by the due date shown on the invoice or Order Form.

Phynxa may suspend Services for undisputed overdue amounts after reasonable notice.

Customers must raise genuine invoice disputes promptly.

33. Credit

Amounts paid through the dashboard are credit for use of the Services. Credit does not expire and is not a subscription: nothing is charged again unless the Customer chooses to pay.

The plan a payment buys stays active for as long as the Customer has credit left. When the credit is used up, the account returns to the Free plan until more credit is bought.

34. Plan Changes

Where permitted:

• upgrades may take effect immediately
• a smaller payment never removes a larger plan while the Customer still has credit
• custom arrangements may require a new quotation.

35. Refunds

Except where required by applicable law or expressly agreed otherwise:

• consumed AI usage is non-refundable
• telecommunications usage is non-refundable
• third-party provider charges are non-refundable
• completed professional services are non-refundable
• number-rental charges already incurred are non-refundable
• setup fees are non-refundable once work begins
• custom integration fees are non-refundable once work begins.

Any discretionary refund or credit provided by Phynxa does not create an obligation to provide future refunds.

36. Trials and Demonstrations

Free plans, trials or demonstrations may be limited in:

• minutes
• features
• agents
• users
• integrations
• numbers
• campaigns.

Trial Services are intended for evaluation.

Phynxa may modify or discontinue trial offerings.

37. Beta Features

Features identified as beta, preview, experimental or early access may:

• contain errors
• change without notice
• be unavailable temporarily
• be discontinued
• operate outside normal service commitments.

Customers should not use beta functionality for mission-critical operations unless specifically agreed.

38. Service Availability

Phynxa will use commercially reasonable efforts to provide reliable service.

Continuous or uninterrupted availability is not guaranteed.

Availability may be affected by:

• maintenance
• internet failures
• cloud outages
• telecommunications providers
• AI model providers
• voice providers
• speech providers
• integration failures
• government restrictions
• cyber incidents
• events beyond Phynxa’s reasonable control.

Any guaranteed uptime applies only where expressly included in a signed SLA or Order Form.

39. No Guaranteed Business Results

Phynxa does not guarantee:

• revenue
• sales
• appointments
• leads
• conversions
• customer retention
• cost savings
• business growth
• return on investment.

Marketing examples and calculators are illustrative unless expressly guaranteed in writing.

40. Confidentiality

Each party must use reasonable measures to protect confidential information received from the other party.

Confidential information may only be used for the purposes of the business relationship.

Confidentiality obligations do not apply to information that:

• is publicly available through no breach
• was independently developed
• was already lawfully known
• was lawfully obtained from another source.

41. Security

Phynxa will use reasonable technical and organisational safeguards appropriate to the Services.

No internet-based service can guarantee absolute security.

Customers are responsible for maintaining appropriate security on their own systems and connected accounts.

42. Data Retention and Export

Retention periods may vary depending on:

• plan
• deployment
• provider
• legal requirements
• Customer configuration.

Customers should export required records before terminating Services.

Following termination, Customer Data may be deleted after the applicable retention period unless retention is required by law.

43. Suspension

Phynxa may suspend access where reasonably necessary due to:

• non-payment
• fraud
• security incidents
• illegal activity
• prohibited campaigns
• abuse
• provider violations
• excessive technical impact
• regulatory requirements
• material breach of these Terms.

Where practical, Phynxa will provide notice and an opportunity to remedy the breach.

44. Termination

Either party may terminate the relationship according to the applicable subscription, quotation or Order Form.

Phynxa may terminate immediately in cases involving:

• serious unlawful activity
• fraud
• intentional security abuse
• significant misuse
• an incurable material breach.

Amounts accrued before termination remain payable.

45. Customer Indemnity

To the extent permitted by applicable law, the Customer agrees to indemnify and hold harmless Phynxa, its personnel, affiliates and service providers from third-party claims, regulatory penalties, losses, damages and reasonable costs resulting from:

• unlawful outbound campaigns
• Customer content
• privacy violations by the Customer
• invalid or absent consent
• illegal contact lists
• unlawful telemarketing
• misleading Customer sales claims
• unlawful voice cloning
• intellectual-property infringement caused by Customer content
• Customer misuse of APIs
• Customer misuse of integrations
• Customer breach of these Terms.

46. Disclaimer of Warranties

To the maximum extent permitted by applicable law, Phynxa Services are provided on an “as available” basis.

Phynxa does not guarantee uninterrupted service or error-free AI output.

Nothing in these Terms excludes warranties or statutory rights that cannot lawfully be excluded.

47. Limitation of Liability

To the maximum extent permitted by applicable law, Phynxa will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including loss of:

• profit
• revenue
• business opportunities
• goodwill
• anticipated savings.

Subject to liabilities that cannot legally be limited, Phynxa’s aggregate liability arising out of the Services will not exceed the fees actually paid by the Customer to Phynxa during the 12 months immediately preceding the event giving rise to the claim.

48. Force Majeure

Neither party will be liable for delay or failure caused by events beyond its reasonable control, including:

• natural disasters
• war
• civil disturbance
• government action
• cyberattacks
• telecommunications failures
• cloud outages
• labour disruption
• widespread infrastructure failure.

Payment obligations for Services already supplied remain payable.

49. Compliance with Laws

Each party must comply with laws applicable to its own activities.

Customers are responsible for determining the laws applicable to their:

• industries
• contacts
• campaigns
• calls
• recordings
• customer communications
• data processing.

Phynxa provides technology and does not provide legal advice or regulatory certification.

50. Sanctions and Export Controls

Customers must not use Phynxa where prohibited by applicable sanctions, export controls or trade restrictions.

Phynxa may restrict access where required by law or by infrastructure providers.

51. Consumer Rights

Phynxa is primarily intended for business customers.

Where mandatory consumer-protection laws apply, nothing in these Terms removes rights that cannot legally be waived.

52. Governing Law

Unless otherwise stated in a signed agreement, these Terms shall be governed by the applicable federal laws of the United Arab Emirates and the applicable laws of the Emirate of Dubai.

Subject to mandatory applicable law, the courts of Dubai shall have jurisdiction over disputes arising from these Terms.

53. Changes to These Terms

Phynxa may update these Terms periodically.

The latest version will be published at www.phynxa.com with a revised “Last updated” date.

Material changes may also be communicated to active Customers where appropriate.

Continued use after an updated version takes effect constitutes acceptance where legally permitted.

54. Assignment

Customers may not transfer or assign these Terms without Phynxa’s prior written consent.

Phynxa may assign these Terms to an affiliate, successor or acquiring entity as part of a restructuring, financing, merger or sale, subject to applicable law.

55. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in effect.

56. No Waiver

Failure by Phynxa to enforce any provision does not waive the right to enforce that provision later.

57. Entire Agreement

These Terms, together with any applicable:

• Order Form
• Privacy Policy
• Data Processing Agreement
• Acceptable Use Policy
• SLA
• quotation
• other incorporated commercial agreement

form the agreement governing use of the Services.

58. Electronic Communications

You agree that invoices, notices, confirmations and contractual communications may be delivered electronically where legally permitted.

59. Contact and Legal Notices

Questions concerning these Terms or the Phynxa Services may be sent to:

Phynxa
Lake City Tower, Office 103
Cluster D, Al Thanyah Fifth
Jumeirah Lakes Towers (JLT)
Dubai, United Arab Emirates

Website: www.phynxa.com
Email: info@phynxa.com
Phone / WhatsApp: +971 54 574 7577