Terms & Conditions
1. Definitions
“Affiliate” means any entity that controls, is controlled by, or is under common control with a party.
“Customer Data” means data and content submitted to, collected by, or generated within the Services by or for Customer, including prompts, scripts, call targets, audio, recordings (if enabled), transcripts, metadata, configuration, settings, and outputs, but excluding Service IP and Usage Data.
“Documentation” means our technical and user documentation made available in the Services or on our website.
“DPA” means our Data Processing Addendum (including any transfer terms such as SCCs, where applicable).
“End Users” means Customer’s authorized users and any persons Customer contacts using the Services (including call recipients).
“Order” means the checkout page, order form, or online plan selection that specifies subscription term, fees, included limits, usage pricing, pass-through costs, start date, and any special terms.
“Policies” means the DPA & SLA List published on our website and incorporated by reference.
“Service IP” means the Services and all related software, APIs, models, configurations, workflows/templates, designs, know-how, and intellectual property provided by or on behalf of CallCompany, including improvements and derivatives.
“Services” means CallCompany’s hosted software and related services, including dashboards, APIs, voice/AI calling features, telephony connectivity (where offered), integrations, mobile/web apps, and support/maintenance.
“ SLA” means our support and service level description.
“Usage Data” means service telemetry and operational metrics about use of the Services (for example: feature usage, performance logs, counts, latency, error rates), excluding Customer Data content.
2. Formation; Order of Precedence; Entire Agreement
2.1 Formation. The Agreement is formed when you accept via clickwrap, complete checkout, sign an Order, create an account, or first use the Services (whichever occurs first).
2.2 Order of precedence. If there is a conflict:
the applicable Order,
these Terms,
the DPA (for privacy/data protection matters)
the remaining Policies.
2.3 Entire Agreement. This Agreement replaces prior terms relating to the Services. A separate written NDA between the parties (if any) remains in effect for pre-contract discussions unless expressly superseded.
3. Services; Scope; AI Limitations
3.1 Provision of Services. During the Subscription Term (defined in Section 5), we will make the Services available to Customer in accordance with this Agreement and the applicable Order.
3.2 Product scope (illustrative). Depending on your plan and configuration, Services may include: (i) setup/configuration, (ii) conversation flows and routing logic, (iii) knowledge base and integration connectors, (iv) hosting/maintenance, and (v) a dashboard for analytics, transcripts, call management, and updates.
3.3 AI limitations and safety. AI and speech systems can make mistakes (including misrecognizing names, accents, emails, and numbers). Outputs are assistive and may be inaccurate. You must independently review and validate outputs before relying on them.
Not for emergencies / life-critical uses. The Services are not designed for emergency calling, dispatch, or life-critical systems, and must not be used where failure could lead to death, personal injury, or severe physical/environmental harm.
3.4 Third-party services. The Services may interoperate with third-party platforms (for example: carriers, cloud providers, calendars, CRMs, or booking systems). Third-party services are not under our control. We are not responsible for third-party availability, security, pricing, or changes. We will use commercially reasonable efforts to mitigate material adverse impacts within our control.
4. Access Rights; Accounts; Restrictions
4.1 License / access right. Subject to payment and compliance with this Agreement, we grant Customer a limited, non-exclusive, non-transferable right to access and use the Services for Customer’s internal business purposes during the Subscription Term. No source code is transferred.
4.2 Users and accounts. Customer must ensure each user has unique credentials (no shared logins). Customer is responsible for (i) user activity, (ii) maintaining credential security, and (iii) promptly notifying us of suspected unauthorized access.
4.3 Restrictions. Customer must not (and must not allow others to):
a) reverse engineer, decompile, or attempt to derive source code or underlying ideas (except to the extent such restriction is prohibited by mandatory law);
b) copy, modify, create derivative works of, frame, mirror, or scrape the Services except as permitted by Documentation;
c) resell, sublicense, rent, lease, or provide the Services to third parties (except contractors and Affiliates acting on Customer’s behalf under Customer’s control and confidentiality obligations);
d) use the Services to build or benchmark a competing product, or to extract models or prompts at scale;
e) bypass or disable security or access controls;
f) use the Services in violation of the AUP or applicable law.
4.4 Contractors and Affiliates. Contractors/Affiliates may use the Services solely on Customer’s behalf. Customer remains responsible for their compliance.
5. Term; Monthly Renewal; Trials; Betas
5.1 Subscription Term. Subscriptions begin on the start date shown in the Order. The subscription term is the term stated in the Order (the “Subscription Term”). If no term is stated, the Subscription Term is one (1) month.
5.2 Auto-renewal; cancellation. Unless the Order states otherwise, subscriptions automatically renew for successive Subscription Terms at the then-current rates unless Customer cancels renewal through the account settings (or by written notice to support) before the renewal date. If Customer cancels, the subscription will remain active until the end of the then-current Subscription Term and will not renew.
5.3 No refunds; annual commitments. Fees are non-refundable and there are no credits for partially used periods, except as required by law or expressly stated in the Order or as SLA credits. If Customer purchases an annual (or other multi-month) Subscription Term, cancellation prevents renewal but does not end the then-current Subscription Term early, and no pro-rata refunds apply unless the Order expressly provides otherwise.
5.4 Trials. We may offer free trials. Trial length and eligibility are shown at checkout or in-product. Unless Customer cancels before the trial ends, the subscription will automatically convert to a paid subscription and billing will start at the then-current price and plan shown at checkout or in the Order. Trials are provided AS IS and may be modified or discontinued at any time.
5.5 Betas/Previews. Beta or preview features are optional, provided AS IS, may change or end at any time, and are excluded from SLA credits and indemnities unless the Order states otherwise.
6. Customer Responsibilities; Compliance
6.1 Customer inputs and approvals. Customer will provide timely access, information, and approvals required for setup and ongoing operation. Customer is responsible for reviewing and approving configurations, conversation flows, call scripts, routing, and downstream actions prior to production use.
6.2 Legal compliance (Customer-controlled use). Customer is solely responsible for compliance with laws applicable to its use of the Services and its communications with End Users, including privacy, marketing, telecom, consumer protection (where applicable), employment, and sector-specific rules. This includes ensuring: lawful basis/consent (as required) for calling/recording/transcription/messaging; caller ID requirements; notices and disclosures; honoring opt-outs and do-not-call lists; time-of-day and geographic restrictions; and maintaining records where required.
6.3 Prohibited data and instructions. Customer must not provide Customer Data that Customer lacks rights to use, or instructions that require unlawful activity. Customer must not use the Services to target vulnerable persons unlawfully, to deceive recipients, or to impersonate others.
7. Fees; Usage; Pass-through Costs; Taxes; Payment
7.1 Fees. Customer will pay all fees and charges described in the applicable Order (together, “Fees”). Fees may include, as applicable: subscription or term fees, per-user/seat fees, usage-based fees, add-on or feature fees, one-time setup/professional services fees, overage fees, and pass-through costs (including carrier/regulatory/telecom fees, surcharges, and number rental). Unless expressly stated in the Order, pass-through costs are charged at cost and may change based on third-party pricing.
7.2 Billing cadence. Unless the Order states otherwise: subscription fees are billed in advance; usage and pass-through costs are billed monthly in arrears. Payment terms are Net 14 from invoice date (or immediate for card payments at checkout).
7.3 Payment method; suspension. Customer must maintain a valid payment method and authorization for charges. We may suspend Services for non-payment after providing notice (where practicable).
7.4 Taxes. Fees are exclusive of taxes. Customer is responsible for all applicable taxes, duties, and similar governmental charges (excluding our income taxes). If withholding is required, Customer will gross-up payments so we receive the full amounts due unless prohibited by law.
7.5 Price changes. We may change fees effective at renewal by giving at least 30 days notice (email and/or in-product), unless the Order states otherwise.
7.6 Invoice disputes. Customer must notify us of any invoice dispute in writing within 7 days of invoice date and pay all undisputed amounts on time.
7.7 Late payments. Overdue amounts may accrue interest at 8% per annum (or the maximum allowed by applicable law, if lower) plus reasonable collection costs.
7.8 Non-refundable. Except as required by mandatory law or explicitly stated in the Order or SLA credits, fees are non-refundable.
7.9 Order controls. If website copy and checkout/Order differ, the Order controls.
Any discounts, promotional pricing, coupons, or free/credited periods apply only for the period and scope stated in the Order, at checkout, or in the promotion terms. Unless expressly stated otherwise, discounts do not apply to renewals and the subscription will renew at the then-current standard rates and applicable usage/pass-through charges. We may change prices effective at renewal by providing at least 30 days’ notice (email and/or in-product), unless the Order states otherwise.
If you start a trial with a payment method on file, you authorize us to charge the payment method when the trial converts to a paid subscription unless you cancel before the trial ends.
8. Support; Availability; Maintenance; Changes
8.1 Support and SLA. Support scope, hours, response targets, uptime objectives, maintenance windows, and any SLA credits are described in the SLA. SLA credits (if any) are Customer’s sole remedy for SLA failures and apply as credits against future invoices only.
8.2 Maintenance. We may perform scheduled and emergency maintenance. We will use commercially reasonable efforts to provide advance notice for planned maintenance.
8.3 Service modifications. We may add, remove, or modify features. During a paid term, we will not materially reduce core functionality without providing a commercially reasonable alternative. If we cannot, Customer’s sole remedy is a pro-rata refund of prepaid, unused subscription fees for the affected portion.
8.4 API deprecation. For breaking changes to stable API endpoints, we will provide at least 90 days deprecation notice, except where an urgent security or legal issue requires faster action.
9. Data; Privacy; Security
9.1 Ownership. Customer owns Customer Data. We own Service IP and Usage Data.
9.2 License to process Customer Data. Customer grants us a non-exclusive, worldwide license to host, process, transmit, display, and use Customer Data solely to provide, secure, maintain, support, and improve the Services and to fulfill our obligations under this Agreement.
9.3 Aggregated/anonymized insights. We may create and use aggregated and/or anonymized insights derived from Customer Data and Usage Data to operate and improve the Services, provided such insights do not identify Customer or End Users.
9.4 DPA. To the extent we process personal data on Customer’s behalf, the DPA applies and controls for privacy/data protection matters.
9.5 Security. We will maintain reasonable technical and organizational measures. No system is 100% secure; Customer is responsible for its own security controls over access and use.
9.6 Sub-processors. We may use subprocessors as described in the DPA and remain responsible for their performance consistent with the DPA.
9.7 Export and deletion. During the Subscription Term, Customer may export Customer Data through available tools. After termination/expiration, we will delete or return personal data as set out in the DPA and our standard backup cycles.
10. Voice, Telephony, Recording & Messaging (Product-Specific Terms)
This Section applies if Customer uses calling/SIP/numbering/recording/transcription/messaging features.
10.1 Carriers and numbering. Telephony connectivity, phone numbers, SIP trunks, and routing may be provided via third-party carriers. Availability, quality, and lawful use requirements vary by region.
10.2 Pass-through fees and rate changes. Customer pays carrier/regulatory fees, surcharges, and number rental as pass-through costs. Carrier/regulatory rates may change. We will use commercially reasonable efforts to provide advance notice of material increases where practicable.
10.3 Fair use; concurrency; abuse. Plans include limits (for example: minutes, messages, concurrency, or throughput). Excess usage may result in overage fees, throttling, required plan changes, or suspension where needed to protect the Services or carriers.
10.4 Recording and transcription. If recording/transcription is enabled, Customer is responsible for any legally required notices, disclosures, and consents, including jurisdiction-specific “two-party consent” rules, and for disabling features where not permitted.
10.5 AI transparency and opt-out. Customer is responsible for ensuring legally required disclosures are provided to call recipients, including (where required) that they are interacting with an automated system and/or AI agent, and providing a practical method to opt out of future contact. Customer must honor opt-out requests without undue delay and maintain suppression lists and do-not-call lists as required.
10.6 Automated marketing calls. Customer must not use automated calling systems for direct marketing where prior consent is required under applicable law, and must maintain required records of consent and opt-outs.
10.7 Downstream actions. AI outputs and automated actions (for example: bookings, orders, messages, CRM updates) are assistive. Customer remains responsible for validating high-risk actions and for downstream systems receiving AI-initiated events.
10.8 SLA carve-outs. SLA targets exclude upstream carrier/ISP outages, emergency maintenance, force majeure events, and issues outside our reasonable control.
11. Intellectual Property; Customer Materials; Feedback; Open Source
11.1 Service IP. We and our licensors own the Service IP. No rights are granted except as expressly stated.
11.2 Customer materials. Customer represents it has all rights necessary to provide Customer Data and other materials to us, and grants us the rights needed to provide the Services.
11.3 Feedback. If Customer provides suggestions or feedback, we may use it without restriction or obligation, and Customer grants us a perpetual, irrevocable, royalty-free license to do so.
11.4 Open source. The Services may include open-source components governed by their applicable licenses, which control to the extent they conflict with this Agreement.
12. Warranties; Disclaimers
12.1 Limited warranty. During a paid subscription, we warrant that the Services will materially conform to the Documentation under normal use.
12.2 Disclaimer. EXCEPT AS EXPRESSLY STATED, THE SERVICES (INCLUDING AI OUTPUTS) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OR RELIABILITY OF AI OUTPUTS. CUSTOMER IS RESPONSIBLE FOR ITS USE OF OUTPUTS AND FOR HUMAN REVIEW WHERE APPROPRIATE.
Some jurisdictions do not allow certain disclaimers; in such cases, disclaimers apply to the maximum extent permitted by law.
13. Indemnities
13.1 Customer indemnity. Customer will defend, indemnify, and hold harmless CallCompany and its Affiliates from and against third-party claims, damages, penalties, and reasonable costs (including attorney fees) arising from: (i) Customer’s or its End Users’ unlawful use of the Services, including violations of telecom/marketing/privacy rules and required consents/notices/opt-outs; or (ii) Customer Data or materials infringing or misappropriating third-party rights.
13.2 Our IP indemnity. We will defend and indemnify Customer against third-party claims alleging the Services, as provided by us, infringe third-party intellectual property rights. This does not apply to claims arising from: (i) Customer Data or Customer materials; (ii) combinations with items not provided by us; (iii) use contrary to Documentation or the Agreement; or (iv) modifications not made by us.
13.3 Remedies. If an IP claim arises, we may: procure the right for continued use, modify the Services to avoid infringement, or terminate the affected portion and refund pro-rata prepaid, unused subscription fees for the terminated portion.
13.4 Process. The indemnified party must promptly notify the indemnifying party and reasonably cooperate. The indemnifying party controls the defense and settlement, provided no settlement admits liability or imposes obligations on the indemnified party without consent (not unreasonably withheld).
14. Limitation of Liability
14.1 Exclusion of indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
14.2 Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICES IN THE 6 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
14.3 Exceptions. Sections 14.1–14.2 do not limit liability for:
a) death or personal injury caused by negligence;
b) fraud or fraudulent misrepresentation;
c) willful misconduct; or
d) Customer’s payment obligations.
Nothing in this Agreement limits liability that cannot be limited under applicable law.
15. Confidentiality
15.1 Confidential Information. “Confidential Information” means non-public information disclosed by one party to the other that is marked confidential or should reasonably be understood as confidential.
15.2 Protection and use. The receiving party will protect Confidential Information using reasonable care and will use it only to perform under this Agreement.
15.3 Exclusions. Confidential Information does not include information that is: publicly available without breach; independently developed without use of the other party’s Confidential Information; or rightfully received from a third party without duty of confidentiality.
15.4 Compelled disclosure. Compelled disclosure is permitted if the receiving party provides prompt notice (where lawful) and cooperates in seeking protective treatment.
16. Suspension; Termination; Effects; Data Retention
16.1 Suspension. We may suspend access to the Services (with notice where practicable) if: (i) fees are overdue; (ii) Customer violates the AUP or applicable law; (iii) there is a security risk, legal requirement, or carrier/regulatory requirement; or (iv) Customer’s use threatens the Services or others. We will restore access when the issue is resolved.
16.2 Cancellation (termination for convenience). Customer may cancel the subscription at any time through the account settings (or by written notice to support). Cancellation is effective at the end of the then-current Subscription Term and the subscription will not renew. Customer remains responsible for all fees incurred up to the effective cancellation date, including usage and pass-through costs billed in arrears. No refunds for unused time unless required by law or expressly stated in the Order or SLA credits.
16.3 Termination for cause. Either party may terminate this Agreement immediately upon written notice if the other party: (i) materially breaches and fails to cure within 14 days after written notice; or (ii) becomes insolvent or unable to pay debts as they fall due.
16.4 Effect of termination. Upon expiration/termination:
a) Customer’s access ends at the end of the applicable term (or immediately for termination for cause where appropriate);
b) any unpaid amounts become immediately due;
c) Customer may export Customer Data during the term and (if available) during a limited post-termination access period stated in the DPA/SLA.
16.5 Deletion. We will delete or return personal data in accordance with the DPA and our backup cycles. Aggregated/anonymized data that does not identify Customer or End Users may be retained.
17. Changes to These Terms and Policies
We may update these Terms and Policies from time to time. If changes are materially adverse to Customer, they take effect at the next renewal, unless required sooner for law or security. We will provide notice of materially adverse changes by email to the account admin and/or in-product notice at least 30 days before they take effect where practicable. Continued use after the effective date constitutes acceptance.
The current version and a version archive are published at the websites.
18. Publicity
With Customer’s prior written consent (email sufficient), we may use Customer’s name and logo in customer lists. Any quotes, case studies, or metrics require Customer’s prior written approval.
19. Assignment; Subcontractors; Export & Sanctions; Electronic Communications
19.1 Assignment. Customer may not assign this Agreement without our prior written consent (not unreasonably withheld). Either party may assign to an Affiliate or in connection with a merger, acquisition, or sale of substantially all assets, with notice.
19.2 Subcontractors. We may use subcontractors and remain responsible for their performance consistent with this Agreement and the DPA.
19.3 Export and sanctions. Customer will comply with applicable export control and sanctions laws and will not use the Services in violation of such laws.
19.4 Electronic communications. Customer agrees that notices and records may be provided electronically and that clickwrap acceptance and electronic signatures are binding.
20. Force Majeure
Neither party is liable for delay or failure due to events beyond reasonable control (for example: strike, war, pandemic, major cloud or carrier outage). If a force majeure event continues for more than 60 days, either party may terminate the affected Services upon written notice.
21. Governing Law; Dispute Resolution; CISG
21.1 Governing law. Finnish law applies, excluding conflict-of-laws rules.
21.2 Arbitration. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one. The seat of arbitration shall be Helsinki, Finland, and the language shall be English.
21.3 Interim relief. Nothing prevents either party from seeking interim or injunctive relief in any court of competent jurisdiction.
21.4 CISG excluded. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
22. Notices; Survival; Waiver; Severability
22.1 Notices. Legal notices must be in writing and sent to:
CallCompany Oy: admin@callcompany.ai and Lapinlahdenkatu 16, 00180, Helsinki, Finland
Customer: the admin email and address provided at checkout or in the account profile
Operational notices (billing, product updates) may be sent by email or in-product.
22.2 Survival. Sections that by their nature should survive do survive, including Sections 6–7, 9–15, 16.4–16.5, and 17–22.
22.3 Waiver. Failure to enforce a provision is not a waiver.
22.4 Severability. If any provision is unenforceable, the remainder remains effective, and the provision will be modified to best effect the original intent to the extent permitted.
23. Policies Incorporated by Reference
The following are incorporated by reference and form part of this Agreement:
Data Processing Addendum (DPA): dpa
SLA: /sla
