CallsYou Terms of Service

§1Who provides the Service

The CallsYou service (the "Service") is provided by:

Below - the "Provider", "we" or "us".

§2Definitions

• Customer - a business (sole trader, company or other entity) that has created an Account and uses the Service for its business;
• Account - the Customer's account in the Panel, including the Agents' accounts;
• Agent - a person acting for the Customer (employee, contractor) who was given access to the Panel, within the number of seats in the Plan;
• Widget - the script placed on the Customer's website that shows the chat and - in Plans with callback - the button to request a phone call;
• Visitor - a person on the Customer's website who writes in the chat or requests a call;
• AI Assistant - the feature where chat replies are prepared by an artificial intelligence model based on the Customer's website and information entered by the Customer;
• Chat conversation - a thread with at least one Visitor message in a billing period; the number of messages does not matter and conversations on demo pages are not counted;
• Minute Pool - billing units for phone calls: one minute answered in the browser or app uses 1 unit, one minute answered on a mobile phone uses 2 units;
• Plan - the selected version of the Service (currently: AI Chat, Chat + Callback, Business) or an individual plan agreed with the Customer;
• Panel - the application at callsyou.com/app where the Customer and Agents chat, answer calls, view history and configure the Service;
• Price List - the current prices of Plans and add-ons published at callsyou.com ("Pricing").

§3What the Service includes

Depending on the Plan, the Service includes:

• a chat on the Customer's website, answered by Agents, by the AI Assistant, or by the AI Assistant outside working hours - as set by the Customer in the Panel;
• the AI Assistant, which reads the public pages of the Customer's website and information added by the Customer and answers Visitors; an Agent can take over a conversation at any time;
• callback: automatically connecting the Visitor with the Customer's team - in the browser, the app or on the Agents' phones; outside working hours the Visitor picks a time;
• a phone number we call Visitors from (§10);
• the Panel with call and chat history, notes, statistics and Agent management;
• features assigned to a Plan in the Price List, e.g. call recording and Agent order in the Business plan, and integrations (e.g. notifications, connection to the Customer's CRM).

The Customer places the Widget code on its website itself - the Panel provides the code and guides for popular platforms. We are happy to help, but placing the code is the Customer's responsibility.

We keep developing the Service and may add, change or retire features, e.g. due to technical progress, changes at our suppliers or security. Changes may not materially reduce the features of a paid Plan within the current billing period.

§4Technical requirements

To use the Service you need: a website where you may place a script; a current version of a common browser (Chrome, Safari, Firefox, Edge); for browser calls - a microphone and a stable connection. The Widget may not work for Visitors who block scripts (e.g. with ad blockers) - we are not responsible for that.

§5Account, sign-in and conclusion of the agreement

Accounts are created at callsyou.com/app - with a Google account or a one-time link sent by email; password sign-in is also available. By creating an Account the Customer accepts these Terms and confirms it acts as a business. The agreement is concluded when the Account is created and runs for an indefinite period.

The Service is for businesses only (B2B). The person creating the Account confirms they may act on behalf of the business. The Customer provides true company details and keeps them up to date.

The Customer adds Agents in the Panel within the seats of its Plan and may remove their access at any time. The Customer is responsible for the actions of Agents and anyone it shares the Account with as for its own. Sign-in details and sign-in links are confidential and may not be shared with third parties.

§6Plans, limits and add-ons

• each Plan has a limit of Chat conversations per billing period. At 80% of the limit we send a warning by email and in the Panel. When the limit is used up, the chat disappears from the website until the end of the period or until a +100 conversations pack is added;
• Plans with callback include a monthly Minute Pool that resets at the start of each period and does not carry over;
• extra minutes bought one-off go into a wallet: they never expire, add up and are used after the Plan minutes. A minute pack is a digital service made available immediately after payment and is non-refundable, including any unused part;
• when 5 minutes or fewer are left, we warn the Customer in the Panel and by email, and send further reminders as usage continues;
• when minutes run out the Widget stays - it collects numbers as leads. What happens to a call in progress depends on who the seller is (§8):
  • where the seller is the Provider - the Customer may turn on automatic purchase of a pack from the saved card; a pack is then charged automatically and the call continues. Without a top-up (turned off or the payment failed) a call in progress may continue briefly and is then ended;
  • where the seller is Link - there is no automatic purchase and no extra time: the Customer uses the Plan minutes and purchased packs, and a call in progress is disconnected as soon as they run out. The Customer buys further packs in the Panel;
• monthly add-ons (+100 chat conversation packs, own number) are added to the subscription from the day they are switched on, pro rata until the end of the period;
• unused Chat conversations and Plan minutes do not carry over and do not reduce the fee.

§7Prices, currencies and taxes

Prices are in the Price List. On the English website prices are in US dollars (USD) and are final - no VAT is added. On the Polish website prices are in Polish zloty (PLN) and are net prices - Polish VAT is added to each payment.

The Customer chooses the currency during the first Account setup; it cannot be changed after the subscription starts. For payments where the seller is the Provider, an invoice is issued automatically after each payment and sent to the Account email; invoices for businesses outside Poland paying in USD are issued without Polish VAT ("not subject to VAT"), under the place-of-supply rules for business services. For payments where the seller is Link (§8), tax and invoicing are handled by Link.

§8Payments, renewal and changing the Plan

Payments are processed by Stripe. Plans are a subscription renewed monthly from the saved card; minute packs are one-off payments. The Customer manages the card, invoices and cancellation in the billing portal available from the Panel.

Who the seller is. The seller is the Provider or - where stated on the payment page and on the invoice ("Sold through Link") - Link, LLC (354 Oyster Point Boulevard, South San Francisco, CA 94080, USA), a Stripe group company acting as merchant of record under Stripe Managed Payments. For such a purchase:

• Link calculates and remits tax (VAT, sales tax) based on the Customer's country and sends the invoice and payment receipt to the email given at checkout; we do not invoice such a payment;
• a business in the European Union that provides its VAT number at checkout receives an invoice under the reverse charge (0% rate) and accounts for VAT itself;
• the charge appears on the bank statement as "LINK.COM* CALLSYOU.COM";
• the Customer may also manage the subscription, card and order history at link.com; payment questions may be directed to Link, and questions about the Service to us;
• automatic purchase of a pack from the saved card is not available - the Customer buys minutes in the Panel.

Subscriptions started before we named Link as the seller are settled as before - the Provider remains the seller and the issuer of the VAT invoice.

A Plan change happens within the same subscription: when upgrading, Stripe charges the difference pro rata until the end of the period; when downgrading, the difference is settled in the next payment.

Price List changes are not retroactive and do not affect a paid period; existing subscriptions keep their price until the Customer changes the Plan. If a payment fails, Stripe retries it for several days; after an unsuccessful reminder we may limit or suspend the Service until payment is made.

§9Trial

A new Account may use a trial once, on the terms below. There are no separate trial terms - this document applies.

• the trial lasts 3 days from the start of the subscription and includes 3 Pool minutes and the limits of the selected Plan;
• a payment card is required; nothing is charged during the trial;
• unless the Customer cancels before the trial ends, after 3 days the subscription becomes paid and Stripe charges the first fee; we send a reminder by email the day before;
• the trial is available once per business. We may refuse or end it if the Customer creates further Accounts to use it again, provides false details or bypasses limits;
• in exceptional cases we may grant an additional trial, e.g. as part of an individual offer.

Separately from the trial we offer a free demo page: the AI Assistant learns the company's website and shows its answers in a preview, without an Account. Demo page content is deleted after 30 days without conversations.

§10Phone numbers

• in every Plan with callback we call Visitors from our shared number in the country chosen by the Customer - at no extra cost;
• the Customer may order its own number with a chosen area code as a paid add-on from the Price List. A number from our stock works immediately; others are ordered from the carrier - connection usually takes up to 72 business hours and depends on availability and on the carrier's and local regulatory requirements;
• the fee for the own number is charged at the time of ordering, for the current billing period; if the payment fails, the number is not ordered. If the number cannot be connected (e.g. the carrier rejects the order) or the Customer cancels the order before connection, the fee is credited back; calls meanwhile continue from the shared number;
• we do not guarantee that a specific number, area code or country will be available, or that a number will be connected within any particular time;
• the number remains at the Provider's disposal and is not transferred to the Customer. After the number is released or the agreement ends, it may be assigned to another business, not earlier than after 30 days;
• incoming calls to the shared number receive an information message - they are not forwarded to the Customer.

§11AI Assistant

• AI Assistant answers are generated automatically and may be incomplete, outdated or wrong. They are not legal, tax, financial or medical advice. The Customer checks how the Assistant answers and improves its knowledge in the Panel;
• the Assistant uses the Customer's website content and information entered by the Customer. The Customer is responsible for its accuracy, timeliness and lawfulness and for having the right to use it;
• the Customer may not present the AI Assistant as a human. The Widget tells Visitors they are talking to AI, and the Customer does not switch off or hide this information - in line with the transparency obligations of Regulation (EU) 2024/1689 (AI Act) to the extent they apply to the Customer;
• the Assistant does not make decisions with legal effects for Visitors. Binding terms (e.g. price, date, contract) are confirmed by the Customer or an Agent;
• answers are generated with models from an external AI provider. Conversation data is not used to train that provider's general models;
• the AI Assistant is a statistical tool. It may misunderstand questions, give wrong prices, dates, stock or product information, invent facts ("hallucinate"), answer in an unexpected language or stop answering. Every answer is provided "as is" for information only. The Customer alone is responsible for any statement made to Visitors through the Service, for honouring or correcting it, and for any contract or obligation entered into with a Visitor;
• the Customer is responsible for configuring the Assistant (instructions, knowledge, working hours, who answers) and for monitoring its conversations. We do not review conversations and have no duty to do so.

§12Call recording

In a Plan that includes recording, the Customer decides in the Panel whether calls are recorded. By turning recording on, the Customer is responsible for informing callers about it and for the legal basis of the recordings - including obtaining the consent of all parties where the applicable law requires it (e.g. in US states with all-party consent rules). Recordings are stored by the telecom provider and the Customer plays them in the Panel. We do not guarantee that every call will be recorded or that a recording will be available.

§13Customer obligations

The Customer uses the Service lawfully and for its intended purpose. In particular, it is not allowed to:

• make unsolicited calls (spam, telemarketing without a legal basis) or send unsolicited messages;
• use the chat or AI Assistant for unlawful, offensive or misleading content, content infringing the rights of others, or to impersonate other people or companies;
• enter special categories of data (e.g. health data) or criminal records data into the Service without a legal basis and appropriate safeguards;
• disrupt the Service, generate artificial traffic, test its security without our consent, or copy, decompile or reverse-engineer the Service;
• place the Widget on websites the Customer has no right to use;
• use the Service for emergency, life-safety or other high-risk purposes, or in a way in which an interruption or error could lead to death, injury, environmental or significant property damage.

No emergency calls. The Service is not a telephone service and cannot be used to call emergency services (e.g. 112, 911). The Customer must make sure Visitors are not led to believe otherwise.

Calls, consents and telemarketing laws. Calls in the Service are made because a Visitor requested a callback. The Customer is solely responsible for having every consent and legal basis required to call or message a phone number (including under the US Telephone Consumer Protection Act, the Telemarketing Sales Rule, national and state do-not-call registers, Canadian CASL and CRTC rules, EU and national ePrivacy and consumer laws), for keeping its own opt-out lists, for call times permitted in the Visitor's location, and for the content of its conversations.

Towards Visitors, the Customer fulfils the GDPR information duties (Art. 13-14) - e.g. in its website's privacy policy - and informs that chat and call data are processed by suppliers, including outside the EEA.

For a serious breach we may suspend the Service immediately and tell the Customer why; in other cases we first ask the Customer to stop the breach within a reasonable time.

Indemnity. The Customer will defend, indemnify and hold harmless the Provider and its suppliers, owner, employees and contractors against all claims, demands, fines, penalties, damages, losses, costs and expenses (including reasonable legal fees) arising from or related to: (a) the Customer's or its Agents' use of the Service, (b) content, data, websites and products of the Customer, including information given to Visitors by the AI Assistant based on them, (c) calls, messages and recordings made through the Customer's Account, including claims under telemarketing, consent, recording, privacy, data protection and consumer protection laws, (d) a breach of these Terms or of the law by the Customer, and (e) disputes between the Customer and Visitors or other third parties.

§14Rights to the Service and content

The rights to the Service - software, Panel, Widget, design, the CallsYou name and logo - belong to the Provider. The Customer receives the right to use the Service for the term of the agreement, within its Plan and these Terms.

The Customer's content and data (texts, settings, conversation history) belong to the Customer. The Customer authorises us to use them only as needed to provide the Service.

§15Availability, disclaimers and limitation of liability

We work hard to keep the Service running, but it depends on many parties we do not control: telecom carriers, the AI model provider, hosting, internet networks, browsers, app stores, the payment processor and the devices of Customers and Visitors. This section allocates the risk between us - the prices of the Service are set on its basis.

1. No warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, THE WIDGET, THE PANEL, THE APPS AND ALL AI ANSWERS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY OR UNINTERRUPTED OR ERROR-FREE OPERATION. We do not offer any service level (SLA). Times and results we describe (e.g. "callback in 30 seconds", conversation limits, connection times) are typical values and goals, not guarantees.

2. What we are not responsible for. To the maximum extent permitted by law we are not liable for:

• interruptions, delays, slowness, maintenance, unavailability or errors of the Service, the Widget, the Panel or the apps, for whatever reason;
• calls that do not connect, connect late, drop, have poor quality, reach a voicemail or the wrong person, are not answered, are not recorded, or are charged by third parties; messages, chats, leads, notifications or emails that are lost, delayed, misdirected or not delivered;
• content, accuracy and consequences of AI Assistant answers, including incorrect prices, availability, offers or advice, and any contract, promise or commitment made towards Visitors;
• lost sales, leads, customers, revenue, profits, savings, goodwill or business opportunities, business interruption, loss or corruption of data, and costs of substitute services;
• indirect, incidental, special, consequential, exemplary or punitive damages;
• acts and omissions of carriers, AI providers, hosting and payment providers and other third parties, their outages and changes to their services or prices, as well as force majeure (including network failures, power outages, cyberattacks, epidemics, war, strikes and decisions of public authorities);
• security incidents not caused by our wilful misconduct, unauthorised access resulting from the Customer's or its Agents' sign-in details, devices or e-mail accounts, and any damage to the Customer's website caused by placing the Widget code;
• compliance of the Customer's use of the Service with laws applicable to the Customer, its industry and its Visitors (including telemarketing, consent, recording, privacy, accessibility, consumer and sector-specific laws).

3. Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE OR THESE TERMS, ON ANY LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STATUTE OR OTHERWISE), IS LIMITED TO THE LOWER OF: (A) THE FEES ACTUALLY PAID BY THE CUSTOMER FOR THE SERVICE IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) USD 100 (or PLN 400 for Customers paying in PLN). These limits apply even if a remedy fails of its essential purpose and even if we were told about the possibility of the damage.

4. Your remedy. If the Service does not work as described, the Customer's sole and exclusive remedy is to report it under §17 so that we can try to fix it, or to cancel the subscription under §18.

5. Time limit. Any claim against us must be notified in writing within 30 days of the event and brought within 1 year of the event; after that it is barred, to the extent permitted by law.

6. Mandatory law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (e.g. for damage caused intentionally). In that case our liability is limited to the minimum extent the law requires. The Service is for businesses only - consumer protection rules for consumers do not apply, and a person who is a consumer may not use the Service.

§16Personal data and data processing agreement

We process the data of the Customer and Agents (e.g. email, name, invoice details, sign-in data) as a controller - see our Privacy Policy.

On callsyou.com - only after you consent to marketing cookies - we use the Meta Pixel and Conversions API (Meta Platforms Ireland Ltd.) to measure how our ads perform. We share with Meta that you visited from an ad, checked the AI Assistant on your website, created an Account, started a trial or paid for a plan, together with your hashed email address, IP address and browser data. You can withdraw consent at any time in the cookie settings; details are in our Privacy Policy.

We process Visitors' data (chat content, phone numbers, call details and recordings) on behalf of the Customer, who is its controller. By accepting these Terms the Customer concludes with us a data processing agreement (Art. 28 GDPR) on these terms:

• we process the data only to provide the Service and on the Customer's documented instructions, which are these Terms and the settings in the Panel;
• people with access to the data are bound by confidentiality; we apply security measures appropriate to the risk (including encrypted connections and access control);
• the Customer gives general authorisation for sub-processors: hosting, the AI model provider, the telecom carrier, the payment processor and the email provider. We give notice of changes and the Customer may object;
• for transfers outside the EEA we use GDPR mechanisms, primarily standard contractual clauses or adequacy decisions;
• we help the Customer respond to data subject requests and notify it of a personal data breach without undue delay;
• we make available the information needed to demonstrate compliance with Art. 28 GDPR;
• after the agreement ends we delete Visitors' data unless the law requires us to keep it (§18).

If the Customer needs a separate signed data processing agreement, we will prepare one on request.

§17Complaints

Complaints can be sent to admin (at) callsyou.com. Please include the Account email, a description of the problem, the date (and for a specific call - the approximate time) and the expected solution. We reply within 14 days; if we need more information, we ask for it by email.

§18Termination and data after termination

The Customer may cancel at any time - by cancelling the subscription in the billing portal or by email. Cancellation takes effect at the end of the paid period; fees for a started period are not refunded unless the law requires otherwise. A refund of a Plan fee may be considered case by case; minute packs are non-refundable (§6). Wallet minutes can be used until the agreement ends. If a minute pack is nevertheless refunded (e.g. by Link or the Customer's bank), the unused minutes from that pack are removed from the wallet.

We may terminate the agreement with 30 days' notice, and with immediate effect for a serious breach of these Terms (§13), false details or non-payment despite a reminder.

For 30 days after the agreement ends the Customer may request a copy of its data by email. After that we delete or anonymise the Account and Visitor data, except data we must keep by law (e.g. invoices) or to defend against claims.

§19Changes to the Terms

We may change these Terms for important reasons: changes in law, in the scope or way the Service is provided, in the Price List, or for security. We announce changes in the Panel or by email at least 14 days before they take effect. A Customer who does not accept them may terminate before that date - the previous version applies until the end of the period. Changes do not affect rights acquired before they take effect.

§20Final provisions

These Terms are available free of charge at callsyou.com/terms-of-service in a form that can be downloaded and saved.

• Applicable version. For Customers based in Poland the Polish version (callsyou.com/regulamin) applies. For all other Customers this English version applies and prevails over any translation;
• Law and courts. These Terms are governed by Polish law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. All disputes are resolved exclusively by the common court competent for the Provider's registered address in Warsaw, Poland, and the Customer submits to that jurisdiction;
• No class actions, no jury. To the maximum extent permitted by law, claims may be brought only on an individual basis and not as a plaintiff or member of any class, collective or representative proceeding, and the parties waive any right to a jury trial;
• Entire agreement. These Terms, the Price List and the Privacy Policy are the entire agreement between the parties about the Service. The Customer does not rely on any statement, presentation, demo or marketing material that is not included in them;
• Assignment. The Customer may not transfer its rights or obligations without our consent. We may transfer the agreement to a company that takes over the Service or our business;
• No third-party beneficiaries. Visitors and other third parties have no rights under these Terms;
• Survival and severability. Provisions that by their nature should survive (in particular §13, §14, §15, §16 and §20) survive termination. If any provision is invalid or unenforceable, it is replaced by a valid provision closest to its purpose and the rest remain in force. Not enforcing a provision is not a waiver;
• Export and sanctions. The Customer may not use the Service in breach of export control or sanctions laws, or for persons or countries subject to sanctions.