Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and Lam Technologies Private Limited ("Company," "we," "our," or "us"), a company incorporated under the laws of India, governing your access to and use of the Lamdesk platform, website, mobile applications, APIs, widgets, and all related services (collectively, the "Services").

By creating an account, clicking "I Agree," or otherwise accessing or using the Services, you represent that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and any additional terms referenced herein (collectively, the "Agreement").

If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you are authorized to bind that entity to these Terms, in which case "you" and "your" refer to that entity.

2. Definitions

• "Services" means the Lamdesk platform, including all features, APIs, integrations, widgets, mobile applications, and related tools provided by the Company.
• "Customer" means the individual or entity that subscribes to or uses the Services.
• "End User" means any individual authorized by the Customer to access and use the Services under the Customer's account (e.g., team members, agents).
• "Customer Data" means all data, content, and information that the Customer or End Users submit, upload, import, or generate through the Services.
• "Subscription" means the paid or free plan under which the Customer accesses the Services.
• "Documentation" means the user guides, help articles, API documentation, and other instructional materials we make available for the Services.
• "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other intellectual property or proprietary rights.

3. Eligibility

To use the Services, you must:

• Be at least 18 years of age (or the age of legal majority in your jurisdiction)
• Have the legal authority to enter into these Terms
• Not be prohibited from using the Services under applicable law
• Not have been previously suspended or removed from the Services for violation of these Terms
• If acting on behalf of an entity, have the authority to bind that entity

The Services are designed for business use. We do not knowingly provide Services to individuals under the age of 16.

4. Account Registration & Security

4.1 Account Creation

To access the Services, you must create an account by providing accurate, current, and complete registration information. You agree to update your information to keep it accurate and current.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials (username, password, API keys)
• All activities that occur under your account, whether authorized or unauthorized
• Promptly notifying us of any unauthorized use of your account or any security breach
• Ensuring that End Users comply with these Terms

We recommend enabling multi-factor authentication (MFA) on your account. We are not liable for any loss arising from your failure to protect your account credentials.

4.3 Account Types & Permissions

The Customer's account administrator ("Admin") has the ability to manage End Users, set permissions, configure integrations, and control access to features. The Admin is responsible for the actions of all End Users under the account.

5. Description of Services

Lamdesk is an AI customer support platform that turns conversations into revenue across WhatsApp, live chat, email, voice, campaigns, and workflows. The Services include:

• Omnichannel Messaging: Unified inbox for WhatsApp Business, Facebook Messenger, Instagram Direct, Gmail, Telegram, Live Chat, and Voice communications
• Contact & Lead Management: Customer database, lead tracking, lifecycle stages, segmentation, and audience management
• Campaign Management: Multi-channel marketing campaigns, template management, and audience targeting
• Workflow Automation: Visual workflow builder, triggers, conditions, actions, and automated processes
• AI Features: AI agents, smart replies, content generation, sentiment analysis, and automated routing
• Voice & Telephony: Cloud-based calling, call recording, voicemail, IVR, and voice AI
• Analytics & Reporting: Dashboards, conversation analytics, campaign reporting, and custom reports
• Team Collaboration: Teams, routing rules, internal notes, mentions, and business hours management
• Integrations & APIs: REST APIs, webhooks, and third-party platform integrations

We reserve the right to modify, update, or discontinue any feature of the Services with reasonable notice. We will provide at least 30 days' notice before discontinuing any material feature included in your Subscription.

6. Subscriptions, Billing & Payments

6.1 Subscription Plans

The Services are offered under various subscription plans (including free and paid tiers) as described on our pricing page. Each plan has defined features, usage limits, and pricing. We reserve the right to modify plan features and pricing with 30 days' advance notice.

6.2 Free Plans & Trials

We may offer free plans or trial periods with limited features or usage. Free plans and trials are provided "as is" and may be modified or terminated at our discretion. At the end of a trial, your account may be downgraded or suspended unless you subscribe to a paid plan.

6.3 Billing & Payment

• Paid Subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected
• All fees are quoted and charged in the currency specified at the time of purchase
• Payment is processed through PCI DSS-compliant third-party payment processors
• You authorize us to charge your designated payment method for all applicable fees
• If payment fails, we may suspend access to the Services after providing notice and a reasonable grace period

6.4 Taxes

All fees are exclusive of applicable taxes (including GST, VAT, sales tax, or similar taxes) unless stated otherwise. You are responsible for paying all applicable taxes associated with your Subscription. We will charge taxes where required by law.

6.5 Refunds

Subscription fees are generally non-refundable except where required by applicable law. If you believe you are entitled to a refund, please contact us at billing@lamdesk.com within 14 days of the charge.

Additional Services — Strictly Non-Refundable: Fees for the following additional or consumption-based services are fully non-refundable under all circumstances, regardless of usage:

• Voice & Phone Calls: Charges for outbound or inbound call minutes, PSTN connectivity, SIP trunking, and any telephony usage.
• AI Usage: Costs incurred for AI model inference, AI-generated responses, AI Agent task executions, and any token-based or credit-based AI consumption.
• AI Voice & Calls: Fees for AI-powered voice calls, text-to-speech synthesis, speech-to-text processing, and AI voice agent sessions.
• Other Consumption-Based Services: Any service billed on a per-use, per-message, per-minute, per-call, or per-credit basis, including but not limited to SMS, WhatsApp messaging credits, and channel-specific usage fees.

These charges represent costs already incurred with third-party infrastructure and AI providers on your behalf and cannot be reversed once consumed.

6.6 Upgrades & Downgrades

You may upgrade your plan at any time; upgrades take effect immediately and are prorated. Downgrades take effect at the start of the next billing period. Downgrading may result in loss of access to certain features or data associated with your prior plan.

7. Acceptable Use

Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. In addition, you agree not to:

• Use the Services for any illegal, fraudulent, or harmful purpose
• Violate any applicable law, regulation, or third-party right
• Send unsolicited, unauthorized, or spam communications (including violation of anti-spam laws such as CAN-SPAM, GDPR, CASL, etc.)
• Transmit malware, viruses, or any harmful code through the Services
• Attempt to gain unauthorized access to the Services, other accounts, or any systems or networks
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services
• Resell, sublicense, or redistribute the Services without our written permission
• Use the Services to store or transmit content that infringes any third party's intellectual property or privacy rights
• Use the Services in a way that violates the terms of any connected third-party platform (Meta, Google, etc.)
• Circumvent any rate limits, usage restrictions, or security measures
• Use automated means (bots, scrapers, etc.) to access the Services unless through our official APIs

We reserve the right to suspend or terminate your account for violations of this section or our Acceptable Use Policy.

8. Your Data & Content

8.1 Ownership

You retain all rights, title, and interest in and to your Customer Data. We do not claim ownership of any Customer Data you submit to the Services. These Terms do not grant us any rights to your Customer Data except the limited license described below.

8.2 License to Customer Data

By submitting Customer Data to the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, process, store, transmit, display, and reproduce your Customer Data solely as necessary to provide, maintain, and improve the Services, and as otherwise described in our Privacy Policy.

8.3 Data Responsibilities

You are solely responsible for:

• The accuracy, quality, legality, and appropriateness of all Customer Data
• Obtaining all necessary consents, permissions, and authorizations required for us to process Customer Data (including consent from Contacts whose data you upload)
• Complying with all applicable data protection laws regarding the Customer Data you process through the Services
• Maintaining appropriate backups of your Customer Data

8.4 Data Processing Agreement

Where required by applicable law (e.g., GDPR), we will enter into a Data Processing Agreement (DPA) with you governing our processing of Personal Data on your behalf. Our DPA is available upon request.

8.5 Data Export & Portability

You may export your Customer Data from the Services at any time through the available export tools or APIs. Upon termination, we will make your Customer Data available for export for a period of 90 days, after which it may be permanently deleted.

9. Intellectual Property

9.1 Our Intellectual Property

The Services, including all software, technology, algorithms, models, interfaces, designs, text, graphics, logos, trademarks, service marks, and other content owned or licensed by us, are protected by copyright, trademark, patent, and other intellectual property laws. All rights not expressly granted herein are reserved.

9.2 License to Use the Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during the Subscription term.

9.3 Restrictions

You may not:

• Copy, modify, or create derivative works based on the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove, alter, or obscure any proprietary notices or labels
• Use our trademarks or branding without written permission
• Frame, mirror, or link to any portion of the Services without consent

9.4 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us an unrestricted, irrevocable, perpetual, worldwide, royalty-free license to use, modify, and incorporate the Feedback into the Services without any obligation to you.

10. Third-Party Integrations & Platforms

The Services integrate with third-party platforms and services (e.g., Meta/Facebook, Google, WhatsApp, Telegram). Your use of these integrations is subject to the following:

• You must comply with the terms of service, policies, and guidelines of each third-party platform you connect
• We are not responsible for the availability, accuracy, or security of third-party platforms
• Third-party platforms may change their APIs, terms, or policies, which may affect the functionality of our integrations
• Data shared with third-party platforms through integrations is subject to those platforms' privacy policies
• We disclaim all liability for any loss or damage arising from third-party platform issues, outages, or policy changes

Your use of WhatsApp Business API features is subject to the WhatsApp Business Policy and Commerce Policy. Your use of Meta platform integrations is subject to the Meta Platform Terms. Your use of Google API integrations is subject to the Google API Terms of Service.

11. AI-Powered Features

The Services include AI-powered features (AI agents, smart replies, content generation, sentiment analysis, voice AI, and others). By using these features, you acknowledge and agree:

• Output Accuracy: AI-generated outputs may contain errors, inaccuracies, or hallucinations. You are responsible for reviewing and verifying all AI-generated content before use.
• No Guarantee: We do not guarantee the accuracy, completeness, or fitness of AI outputs for any particular purpose.
• Human Oversight: AI features are designed to assist, not replace, human judgment. You should maintain appropriate human oversight of AI-powered interactions with your customers.
• Third-Party AI Providers: Certain AI features are powered by third-party AI/ML providers. Data processed by AI features may be transmitted to these providers in accordance with our Privacy Policy.
• Compliance: You are responsible for ensuring your use of AI features complies with applicable laws and regulations, including requirements about automated decision-making and disclosure of AI use.
• Content Ownership: AI-generated content created using the Services is provided to you for use under your Subscription. We do not claim ownership of AI-generated outputs created from your inputs.

12. Warranties & Disclaimers

12.1 Our Warranty

We warrant that:

• The Services will perform materially in accordance with the applicable Documentation
• We will provide the Services using commercially reasonable skill and care
• We have the authority to enter into these Terms and grant the rights and licenses herein

12.2 Disclaimers

EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from the Services will be accurate or reliable
• The Services will meet your specific requirements or expectations
• Any defects in the Services will be corrected

13. Limitation of Liability

13.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LAM TECHNOLOGIES PRIVATE LIMITED, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

13.3 Exceptions

Nothing in these Terms shall limit or exclude liability for: (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, (c) any liability that cannot be excluded or limited under applicable law, or (d) our willful misconduct.

14. Indemnification

You agree to indemnify, defend, and hold harmless Lam Technologies Private Limited, its directors, officers, employees, agents, and affiliates from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Services in violation of these Terms
• Your Customer Data or its use through the Services
• Your violation of any applicable law, regulation, or third-party right
• Any dispute between you and a third party relating to the Services
• Your End Users' actions or omissions on the Services

We will promptly notify you of any claim and cooperate with your defense. You may not settle any claim without our prior written consent.

15. Termination

15.1 Termination by You

You may terminate your account at any time by contacting us or using the account settings within the platform. Termination does not entitle you to a refund of any prepaid fees (except where required by applicable law).

15.2 Termination by Us

We may suspend or terminate your account and access to the Services:

• For Cause: Immediately, if you materially breach these Terms, violate the Acceptable Use Policy, fail to pay fees, or if required by law. We will notify you of the breach and, where practical, provide an opportunity to cure (except for severe violations).
• For Convenience: With at least 30 days' advance written notice.

15.3 Effect of Termination

Upon termination:

• Your right to access and use the Services ceases immediately
• You can export your Customer Data for 90 days after termination (via our export tools or by contacting support)
• After the 90-day export period, we may permanently delete your Customer Data
• Provisions that by their nature should survive termination (including Sections on intellectual property, limitation of liability, indemnification, governing law, and dispute resolution) shall survive
• Any outstanding payment obligations shall remain due

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. The courts located in Bengaluru, Karnataka, India shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms, except where mandatory consumer protection laws grant you the right to bring proceedings in your local courts.

For users in the European Economic Area, United Kingdom, or other jurisdictions with mandatory consumer protection laws, nothing in these Terms affects your statutory rights or the applicability of local consumer protection legislation.

17. Dispute Resolution

17.1 Informal Resolution

Before filing any formal dispute, you agree to first contact us at legal@lamdesk.com and attempt to resolve the dispute informally within 60 days. Most disputes can be resolved through direct communication.

17.2 Arbitration

If informal resolution is unsuccessful, any dispute shall be resolved by binding arbitration administered in accordance with the Arbitration and Conciliation Act, 1996 (India). The arbitration shall be conducted in English, seated in Bengaluru, India, by a sole arbitrator.

17.3 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction for matters relating to intellectual property rights, confidentiality obligations, or unauthorized access to the Services. Additionally, nothing in this section prevents you from filing a complaint with a relevant regulatory or consumer protection authority.

18. Changes to These Terms

We may update these Terms from time to time. When we make changes:

• We will update the "Last updated" date at the top of this page
• For material changes, we will notify you via email and/or through a prominent notice in the Services at least 30 days before the changes take effect
• Where required by law, we will obtain your affirmative consent to material changes

Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the changes. If you do not agree with the updated Terms, you must stop using the Services and may terminate your account.

19. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, Acceptable Use Policy, Cookie Policy, and any applicable DPA or Order Form, constitute the entire agreement between you and us regarding the Services.
• Severability: If any provision of these Terms is held to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Force Majeure: Neither party shall be liable for failure to perform due to events beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government actions, power failures, internet outages, or third-party service disruptions.
• No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights, except as expressly stated herein.
• Notices: All notices under these Terms shall be in writing. Notices to you may be sent to the email address associated with your account. Notices to us should be sent to legal@lamdesk.com.
• Export Compliance: You agree to comply with all applicable export control and sanctions laws when using the Services.
• Government Use: If the Services are used by or on behalf of a government entity, additional terms may apply as specified in our Government Services Addendum (available upon request).

20. Contact Us

If you have any questions about these Terms of Service, please contact us: