Terms and Conditions

Effective Date: January 6, 2025

Welcome to Januscaler, a provider of WebRTC-based communication services (the "Service"). These Terms and Conditions ("Terms") govern your access to and use of the Service provided by Januscaler ("Company," "we," "us," or "our"). By accessing or using the Service, you ("Customer," "you," or "your") agree to be bound by these Terms and our Acceptable Use Policy ("AUP"). If you do not agree, you must not use the Service. All payments to Januscaler are non-refundable except as outlined in our 7-day money-back guarantee (see Section 5.5).

1. Definitions

Company: Januscaler, the provider of the WebRTC Service.
Customer: The business entity or individual authorized to use the Service.
Account: The registered account created by the Customer to access the Service.
API: The application programming interface provided by Januscaler for Service integration.
Content: Any data, audio, video, or other materials transmitted or processed through the Service.
AUP: The Acceptable Use Policy, an integral part of these Terms, governing permissible use of the Service.

2. Eligibility and Authority

To use the Service, you represent and warrant that:

You are authorized to act on behalf of your business entity, if applicable.
You are at least 18 years of age or the age of majority in your jurisdiction.
Your use of the Service complies with all applicable local, national, and international laws and regulations.

3. Account Registration and Security

3.1 Registration: You must provide true, accurate, current, and complete information when creating an Account and promptly update any changes.

3.2 Account Security: You are responsible for maintaining the confidentiality of your Account credentials and for all activities under your Account, including actions by your employees or representatives ("Users"), unless caused by the Company’s gross negligence.

3.3 Unauthorized Access: Notify the Company immediately at [email protected] if you suspect unauthorized access or a security breach of your Account.

4. Use of the Service

4.1 Service Availability: The Service is provided "as is" and "as available," subject to these Terms and any applicable service agreements.

4.2 Permitted Use: You agree to use the Service lawfully, in compliance with these Terms and the AUP. You must not:

Reverse-engineer, decompile, or extract the source code of the Service or API.
Transmit unlawful, harmful, offensive, or malicious Content.
Interfere with or disrupt the Service’s performance, integrity, or security, including through excessive bandwidth usage without prior consent.
Use the Service for bandwidth-intensive applications (e.g., media streaming, torrents, or cryptocurrency mining) without written approval from the Company.

4.3 Compliance: You are responsible for ensuring compliance with all applicable laws, including data protection, privacy, and intellectual property regulations. You must obtain necessary permissions for all Content transmitted through the Service.

4.4 Third-Party Software: You must comply with third-party software license terms if such software is used with the Service. Certain software (e.g., specific operating systems) must be provided by the Company and cannot be uploaded by you without prior approval.

5. Fees and Payment

5.1 Usage-Based Pricing: Fees are based on API usage, as outlined in the pricing schedule provided to you or available on our website. You agree to pay all applicable fees.

5.2 Invoicing: Invoices are issued periodically or upon reaching usage thresholds, with payment due as specified therein.

5.3 Payment Methods: Payments must be made via methods indicated in the invoice. You are responsible for applicable taxes, unless otherwise stated.

5.4 Automatic Billing: By default, the Company may automatically charge your provided payment method for recurring fees. You may opt out of automatic billing by contacting [email protected]. If using third-party payment services (e.g., PayPal), you are responsible for managing and canceling subscriptions directly with the provider.

5.5 7-Day Money-Back Guarantee: New Customers are eligible for a 7-day money-back guarantee on their initial Service, applicable only once per Customer. Refunds exclude cryptocurrency payments and software license fees (e.g., third-party API licenses). The guarantee is void if the Service is extensively used or subject to abuse reports within the 7-day period.

5.6 Late Payments: Late payments may incur fees, interest (1.5% per month or the maximum permitted by law), or result in Account suspension or termination.

5.7 Cryptocurrency Payments: Cryptocurrency payments are non-refundable and may require identity verification (e.g., a scanned copy of a valid ID or passport).

6. Intellectual Property

6.1 Ownership: The Company retains all rights, title, and interest in the Service, API, and related intellectual property, including software, trademarks, and documentation.

6.2 Restrictions: You may not copy, modify, distribute, or use the Company’s intellectual property without prior written consent, except as permitted herein.

6.3 Customer Content: You retain ownership of Content transmitted through the Service. You grant the Company a non-exclusive, worldwide, royalty-free license to process, store, and transmit such Content to provide the Service.

7. Data Privacy and Security

7.1 Privacy Policy: The Company processes personal data per its Privacy Policy. You consent to such processing and warrant that all data provided complies with applicable laws.

7.2 Customer Responsibility: You are responsible for the legality, accuracy, and security of Content, including obtaining necessary consents. You must maintain backups of your data outside the Service, as the Company does not provide backups unless specified in the Service description.

7.3 Data Processing: The Company may process personal data on your behalf as a data processor to provide the Service. You authorize the Company to engage subprocessors (e.g., payment processors) to the extent compliant with applicable laws.

7.4 Data Deletion: Upon your request, the Company will delete your personal data, except where required to retain it by law, and confirm deletion in writing. This does not apply to data in routine backup copies where individual deletion is impractical.

7.5 Security Measures: The Company employs industry-standard security measures but is not liable for breaches beyond its control. You must implement appropriate safeguards for your systems.

8. Service Level Agreement (SLA)

8.1 Availability: The Company will use commercially reasonable efforts to maintain 99.9% Service availability, subject to scheduled maintenance and unforeseen circumstances.

8.2 Scheduled Interruptions: Planned maintenance will be communicated at least 24 hours in advance, except for critical security updates, which may be deployed without notice.

8.3 Unscheduled Interruptions: For interruptions due to hardware or network failures lasting over 5 minutes, you may request compensation via [email protected]. Compensation will be credited to your Account based on the following:

99.8%–99.4% uptime: 5% credit
99.3%–98.9% uptime: 10% credit
98.7%–98% uptime: 15% credit
97%–94% uptime: 25% credit
Below 94% uptime: 100% credit

The maximum compensation per interruption is 100% of fees paid for the preceding 30 days. Compensation is your sole remedy for interruptions.

8.4 Exclusions: No compensation is provided for:

Scheduled interruptions.
Failures caused by third-party software or services.
Customer actions violating these Terms or the AUP.
Hostile actions (e.g., denial-of-service attacks).
Force majeure events (e.g., natural disasters, governmental actions).

9. Acceptable Use Policy (AUP)

9.1 Compliance: You must comply with the AUP and any user instructions provided by the Company. You are responsible for ensuring Users comply with these Terms and the AUP.

9.2 Prohibited Uses: You must not use the Service for:

Fraudulent or illegal activities.
Storing or transmitting Content that violates intellectual property rights, trade secrets, or applicable laws.
Hosting public proxies, commercial VPNs, torrents, cryptocurrency mining, or media streaming without prior consent.
Sending bulk emails or mass communications without the Company’s written approval.
Actions causing excessive server load, security risks, or interference with the Service (e.g., high CPU usage, unsecured configurations).

9.3 Responsibility for Sub-Users: If you operate a service (e.g., VPN) accessible to sub-users, you are responsible for their actions. Malicious activity by sub-users may result in Account suspension or termination.

9.4 Investigation: The Company may investigate suspected breaches of the AUP and may suspend your Account if a breach is reasonably suspected.

10. Limitation of Liability

10.1 Disclaimer: To the fullest extent permitted by law, the Company is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or data.

10.2 Liability Cap: The Company’s total liability will not exceed the fees paid by you in the twelve (12) months preceding the claim.

10.3 Jurisdictional Exclusions: Where certain exclusions are not permitted, liability is limited to the maximum extent allowed by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and personnel from claims, liabilities, or expenses (including reasonable attorneys’ fees) arising from:

Your use or misuse of the Service, including by Users or third parties accessing your Account.
Content transmitted through the Service.
Your violation of these Terms, the AUP, or applicable laws.
Infringement of third-party intellectual property or other rights.

The Company reserves the right to assume control of any matter subject to indemnification, and you must cooperate in asserting available defenses.

12. Term and Termination

12.1 Term: These Terms apply from your first use of the Service until terminated.

12.2 Termination by Customer: You may terminate your Account by submitting a cancellation request through your Account or by contacting [email protected].

12.3 Termination by Company: The Company may suspend or terminate your Account for:

Breach of these Terms or the AUP.
Non-payment of fees.
Security or operational risks caused by your use.
Suspected fraudulent or illegal activity.

12.4 Effect of Termination: Upon termination, access to the Service ceases, and outstanding fees remain due. Sections 6, 7.4, 10, 11, 13, and 15 survive termination.

13. Governing Law and Dispute Resolution

13.1 Governing Law: These Terms are governed by the laws of India, excluding conflict of law principles.

13.2 Dispute Resolution: Disputes will be resolved through good-faith negotiations. Unresolved disputes will be subject to the exclusive jurisdiction of courts in Delhi, India.

14. Modifications to Terms

14.1 Updates: The Company may modify these Terms or the AUP, with material changes notified via email or the Service at least seven (7) days in advance.

14.2 Acceptance: Continued use of the Service after changes constitutes acceptance of the updated Terms.

15. Force Majeure

The Company is not liable for delays or failures in performance due to events beyond its reasonable control, including natural disasters, war, governmental actions, or internet outages.

16. Confidentiality

Both parties agree to keep confidential any information marked as confidential or reasonably understood to be confidential, using it only for purposes of these Terms. Upon termination, each party must cease using and destroy the other’s confidential information, except where retention is required by law.