The agreement
These Terms of Service (the “Terms”) form a binding agreement between Ooda Softwares (“Quellow”, “we”, “us”) and the business or individual using the Service (“you”). The “Service” means the Quellow website, web dashboard, mobile apps, TV player app, APIs and everything we provide through them.
By creating an account, signing in, or using any part of the Service you accept these Terms. If you are accepting on behalf of a company, you confirm you have authority to bind it, and “you” means that company. If you do not agree, do not use the Service.
Our Privacy Policy is incorporated into these Terms. Where you have signed a separate written agreement with us, that agreement controls if it conflicts with these Terms.
Accounts and eligibility
You must be at least 18 and able to form a binding contract. The Service is for business use; it is not intended for personal or household purposes.
You are responsible for the accuracy of the information you give us, for keeping your credentials confidential, for the access you grant to team members, and for everything that happens under your account. Tell us promptly at info@oodasoftwares.com if you suspect unauthorised access.
A workspace owner controls the workspace, including its content, its members and its deletion. If you join a workspace created by someone else, that owner administers your access and can view the work you do in it.
Plans, billing and renewal
- Fees. You agree to the prices shown for your plan and for add-ons such as phone numbers, additional displays and usage above included limits.
- Renewal. Subscriptions renew automatically for the same period until cancelled. Cancel before the renewal date to avoid the next charge.
- Payment. Payments are processed by Stripe. You authorise us to charge your payment method for all amounts due, including applicable taxes.
- Failed payments. If a charge fails we may retry it and may suspend paid features until the balance is settled.
- Refunds. Fees are non-refundable except where these Terms say otherwise or the law requires it. Cancelling stops future charges; it does not refund the current period.
- Price changes. We may change prices with at least 30 days’ notice before the change applies to your next renewal.
- Taxes. Prices exclude taxes unless stated. You are responsible for any taxes other than those on our income.
Trials and promotional plans
We may offer trials or promotional pricing. Unless we say otherwise, a trial converts to a paid subscription at the end of the trial period using the payment method on file. We may change or withdraw trial offers, and we may limit a trial to one per business.
Acceptable use
You agree not to, and not to permit anyone else to:
- Use the Service unlawfully, or in breach of telecommunications, marketing, privacy, consumer-protection or accessibility law.
- Place unsolicited, automated or bulk calls or messages, or use the Service for telemarketing that the recipient has not consented to where consent is required.
- Impersonate another person or business, or misrepresent the origin of a call or message, including spoofing caller identification.
- Upload or display content that is unlawful, infringing, defamatory, obscene, hateful, or harmful to minors.
- Upload malware, or attempt to gain unauthorised access to the Service, other accounts or our infrastructure.
- Probe, scan, load-test or otherwise interfere with the Service without our prior written consent.
- Reverse engineer, decompile or attempt to derive source code, except where that restriction is unenforceable by law.
- Resell, sublicense or provide the Service to a third party as a standalone offering without our written agreement.
- Use the Service to build a competing product, or to benchmark it for publication without our consent.
- Remove or obscure any proprietary notice, or use our name or marks without permission.
We may investigate suspected breaches and cooperate with law enforcement where appropriate.
Your content
You keep all rights in the content you put into the Service — recordings, transcripts, contact records, uploaded documents, images and videos (“Customer Content”). We claim no ownership of it.
You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, transmit, display, reproduce and adapt Customer Content strictly as needed to operate and support the Service for you. This licence ends when you delete the content or your account, subject to routine backup cycles.
You represent that you own or have the rights to your Customer Content, and that using it through the Service does not infringe anyone’s rights. That includes licensing for any music, video, images, fonts or brand assets you display on your screens.
Keep your own copies. We are not a backup service. You are responsible for retaining anything you cannot afford to lose.
Telephony, recording and messaging
Phone numbers are provided through our telephony provider and are subject to that provider’s requirements and to regulatory rules. Numbers are assigned to you for use with the Service, not sold to you. On termination, numbers may be released and cannot be recovered. Request porting before you cancel if you want to keep a number.
Recording and consent are your responsibility. Laws on recording and monitoring calls differ by country and by state, and many require notice to or consent from every party. You are solely responsible for configuring appropriate announcements, obtaining any consent required, and honouring requests not to be recorded. You are equally responsible for compliance with rules on automated calls, prerecorded messages and text messaging in the places you operate.
Emergency calling is not supported. Do not use the Service to contact emergency services, and do not present a Quellow number as an emergency contact.
SMS / text messaging program
When enabled, Quellow sends text messages (SMS) on a business’s behalf from a Quellow number — for example appointment and order confirmations, reminders, missed-call follow-ups, and notifications to the business owner. This is an account-based, transactional program; it is not used to send marketing or promotional messages unless the recipient has separately agreed to receive them.
Consent. Messages are only sent to people who have opted in. Consent may be collected in writing or verbally (for example, a caller agreeing during a phone call that they may be texted). The business is responsible for obtaining and recording that consent and for ensuring its messaging complies with applicable law and carrier rules (including the TCPA and CTIA guidelines).
Message frequency varies by how you use the Service and your interactions with a business. Message and data rates may apply from your mobile carrier.
Opt-out and help. Reply STOP to any message to unsubscribe at any time; you will receive a final confirmation and no further messages. Reply HELP for help, or contact us at info@oodasoftwares.com. Carriers are not liable for delayed or undelivered messages.
AI features and their limits
The Service uses AI to answer calls, transcribe audio, summarise conversations and generate content. You control how your assistant is configured and what it is permitted to say and do.
- Output can be wrong. Transcripts are not verbatim legal records, and summaries may misstate what was said. Verify anything you rely on.
- Not professional advice. AI output is not legal, medical, financial or other regulated advice, and must not be presented to your customers as such.
- You are responsible for what your assistant does. Statements it makes, commitments it appears to give and records it creates are attributed to your business.
- Output may not be unique. Similar prompts can produce similar results for other customers, and we make no claim that output is original or protectable.
Signage displays and the TV player
We grant you a limited, revocable, non-exclusive, non-transferable licence to install and run the Quellow TV player app on devices you own or control, solely to display your own signage content through your workspace.
You are responsible for the devices, their network connection, their physical security, and for the rights to everything shown on them. Screens are counted per your plan, and pairing more displays than your plan allows may incur additional charges.
The player may update itself, and we may change or discontinue player features. Playback depends on device capability, network conditions and third-party platforms outside our control, and we do not warrant uninterrupted playback.
Third-party services
The Service integrates with third parties including payment, telephony, AI, email, storage and commerce platforms such as Shopify, Square, Clover and Toast. Your use of a third-party service is governed by that provider’s own terms and privacy policy.
We are not responsible for third-party services, their availability, or what they do with data you authorise them to share. If a provider changes or withdraws its service, we may need to change or remove the corresponding feature.
Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement.
Intellectual property
The Service, including its software, design, documentation and our marks, is owned by Ooda Softwares and its licensors and is protected by intellectual property law. These Terms grant you a limited right to use the Service, not any ownership in it. All rights not expressly granted are reserved.
If you send us feedback or suggestions, we may use them without restriction or obligation to you.
We respect intellectual property rights. If you believe content on the Service infringes yours, contact info@oodasoftwares.com with enough detail to identify the work and the material in question.
Confidentiality
Each party may receive information the other treats as confidential. Each will protect the other’s confidential information with at least reasonable care and use it only for purposes of this agreement. This does not apply to information that is public through no fault of the receiver, was already known, is independently developed, or must be disclosed by law — in which case the receiver will give notice where legally permitted.
Data protection
Our handling of personal information is described in the Privacy Policy. For Customer Content, you are the controller and we act as your processor, following your instructions.
You are responsible for having a lawful basis for the data you put into the Service and for giving any notices your callers, staff or customers are owed. Customers subject to the GDPR, UK GDPR or comparable laws can request a data processing agreement at info@oodasoftwares.com.
The Service is not intended for protected health information, payment card data, government identifiers or other specially regulated categories unless we have agreed to it in writing.
Availability, support and changes
We aim to keep the Service available and to give notice of planned maintenance where practical, but we do not guarantee uninterrupted or error-free operation and we offer no service level commitment unless one is stated in a separate signed agreement.
Support is provided through the channels shown in your workspace during our normal business hours. We may add, change or remove features. If we discontinue a material feature, we will give reasonable notice.
Suspension and termination
You may cancel at any time from your billing settings; cancellation takes effect at the end of the current period. You may permanently delete your account from the dashboard.
We may suspend or terminate access, with notice where practical, if you breach these Terms, if your payment fails, if your use threatens the security, integrity or lawful operation of the Service, or if required by law. Where the risk is severe we may act immediately.
On termination your right to use the Service ends, phone numbers may be released, and your content may be deleted. Deletion is permanent and cannot be reversed. Export anything you need first. Sections that by their nature should survive — including content ownership, intellectual property, confidentiality, disclaimers, liability, indemnification and governing law — continue to apply.
Disclaimers
To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and any warranty arising from course of dealing or usage of trade.
We do not warrant that the Service will be uninterrupted, timely, secure or error-free, that AI output will be accurate, that defects will be corrected, or that the Service will meet your requirements. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.
Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill, business opportunity or data, however caused and whichever theory of liability, even if advised of the possibility.
To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Service is limited to the greater of (a) the amounts you paid us for the Service in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars.
Nothing in these Terms excludes liability that cannot lawfully be excluded, including for fraud, death or personal injury caused by negligence. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
Indemnification
You will defend, indemnify and hold harmless Ooda Softwares, its officers, employees and agents from third-party claims, damages, liabilities, costs and reasonable legal fees arising from your Customer Content, your use of the Service, your breach of these Terms or of applicable law, or any claim that content you displayed or a call you placed or recorded violated someone’s rights.
Governing law and disputes
These Terms are governed by the laws of the jurisdiction in which Ooda Softwares is established, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before starting formal proceedings, please contact info@oodasoftwares.com so we can try to resolve the matter informally. Either party may seek injunctive relief for infringement or misuse of intellectual property or confidential information at any time.
General terms
- Entire agreement. These Terms and the Privacy Policy are the whole agreement between us on this subject and replace any earlier understanding.
- Changes. We may update these Terms. The date at the top reflects the current version, and we will give reasonable notice of material changes. Continuing to use the Service after they take effect means you accept them.
- Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger or sale of assets.
- Severability. If a provision is unenforceable, it is limited or removed to the minimum extent necessary and the rest remains in force.
- No waiver. Failing to enforce a provision is not a waiver of it.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
- No third-party beneficiaries. These Terms create no rights for anyone other than the parties.
- Independent contractors. Nothing here creates a partnership, joint venture, employment or agency relationship.
- Notices. We may give notice by email or in the dashboard. Send formal notices to info@oodasoftwares.com.
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