Terms of Service

Service provider

• Legal name: Atiempo.Me SL (trade name: CallSmarter)
• Tax ID (NIF): B56542111
• Registered address: Calle Timón 58, Centro Comercial Torrequebrada, Oficina 17, 29631 Torrequebrada, España
• Registration details: [Registration details — pending]
• Contact: [email protected]

In these terms, “CallSmarter” means the provider and “Customer” means the business or professional contracting the service.

Subject matter of the service

CallSmarter is a cloud platform for making outbound calls using artificial intelligence voice agents. Depending on the plan contracted, it includes: configuration of agents and their instructions (prompts), call campaigns, contact lists, recordings and transcripts of conversations, CRM features (contacts, deals and tasks) and a management and results dashboard.

Features may evolve. CallSmarter may modify or replace them, provided that this does not entail a substantial reduction of the essential features contracted without the notice provided for in the changes section.

Business use only

The service is offered exclusively to businesses and professionals acting within the scope of their business or professional activity; it is not aimed at consumers. Whoever accepts these terms on behalf of the Customer represents that they have sufficient authority to bind it.

Account and security

• The Customer must provide accurate data and keep it up to date.
• Credentials are personal and confidential. The Customer is responsible for safeguarding them and for ensuring that its users keep them secret.
• Where the organisation has two-factor authentication enabled (enabled by default), its use is mandatory for all its users.
• The Customer is responsible for actions performed from its account by its users.
• The Customer must notify CallSmarter ([email protected]) without delay of any unauthorised access or suspicion that its credentials have been compromised.

Acceptable use and Customer obligations

The Customer is the controller of its contacts’ data and of the calls it makes through the platform. In particular, it undertakes to:

• have a valid legal basis under the GDPR and the LOPDGDD to call each contact and process their data, and be able to demonstrate it;
• comply with the rules on commercial calls, including Article 66(1)(b) of Spanish Law 11/2022 of 28 June, the General Telecommunications Act (users’ right not to receive unwanted calls for commercial communication purposes), and Article 23 LOPDGDD, checking its lists against advertising opt-out systems (such as the Robinson List) and against its own do-not-call lists;
• promptly honour contacts’ requests not to be called again;
• configure its agents so that they inform the person, at the start of the conversation, that they are interacting with an artificial intelligence system, in accordance with Article 50 of Regulation (EU) 2024/1689 (Artificial Intelligence Act), within the application deadlines laid down therein;
• provide information about the recording of the conversation and its purposes where required;
• observe the calling hours and frequency permitted by applicable law and industry practice;
• be responsible for the content of the prompts, scripts and other instructions it gives to the agents, and for the information the agents communicate following those instructions.

Prohibited uses

It is prohibited to use the service for:

• fraud, deception or unfair commercial practices;
• impersonating a human being or another person or organisation;
• calling emergency or essential-service numbers;
• unsolicited bulk calls (spam), harassment or intimidation;
• promoting or providing unlawful products or services;
• circumventing the platform’s limits, controls or security measures, or attempting to gain unauthorised access to its systems or to other customers’ data;
• reselling, sublicensing or making the service available to third parties without CallSmarter’s prior written consent;
• taking, without human oversight, decisions that produce legal effects concerning individuals or similarly significantly affect them.

Pricing, payments and balance

Pricing model. The service is contracted through a mandatory monthly plan (subscription) that includes certain usage volumes, plus usage in excess of the included limits and any add-on modules the Customer contracts. Current prices are shown in the customer dashboard (app.callsmarter.ai) and, where applicable, on the pricing page.

Prepaid balance. Usage is charged against a prepaid balance, according to the current rates shown in the dashboard at the time of use. When the balance is insufficient, campaigns may be paused automatically until it is topped up.

Cryptocurrency top-ups. The balance may be topped up, among other means, with cryptocurrency through NOWPayments. Network fees and exchange rates are borne on the side of the payment provider or the relevant network. The balance is credited once payment is confirmed; payments for less than the requested amount are not credited automatically and are reviewed manually.

Taxes. Unless expressly stated otherwise, prices do not include VAT or other applicable taxes, which will be charged in accordance with the law in force.

Refunds

• The monthly plan fee (subscription) is non-refundable.
• Topped-up balance is non-refundable and may only be used to pay for platform services, except where a refund is mandatory under law.
• Volumes included in the plan that are not used during the month do not roll over to the following month, unless the pricing plan states otherwise.
• If the contract is terminated due to the Customer’s breach (in particular, of the acceptable use rules), no refund will be made.

Service availability

The service is provided “as is” and “as available”. CallSmarter will endeavour to keep it operational and may carry out scheduled maintenance, which it will try to announce in advance. Service level: [no guaranteed service level unless agreed in writing].

The service depends on third parties, such as telecommunications operators and artificial intelligence model providers. CallSmarter is not liable for interruptions or degradation attributable to them or for the quality of third-party networks, without prejudice to reasonably cooperating in their resolution.

Liability

• Neither party shall be liable for indirect or consequential damages, loss of profit, loss of business, goodwill or data.
• CallSmarter’s total liability arising from the contract, on any grounds, is limited to the amounts actually paid by the Customer in the twelve (12) months preceding the event giving rise to it.
• These limitations do not apply in cases of wilful misconduct or gross negligence or where the law does not permit liability to be limited or excluded.
• CallSmarter is not liable for the content of calls defined by the Customer or for the consequences of the Customer’s breach of its legal obligations.

Indemnity

The Customer shall indemnify and hold CallSmarter harmless against any claim, penalty, damage or expense (including reasonable legal fees) arising from the Customer’s breach of data protection, telecommunications or commercial communications law, of the prohibited uses, or arising from the content of its prompts and instructions.

Intellectual property

The platform, its software, its design, the CallSmarter trade mark and the documentation belong to CallSmarter or its licensors. The Customer obtains a non-exclusive, non-transferable right of use, limited to the term of the contract and to its internal purposes.

The Customer’s data and content (contact lists, prompts, recordings, transcripts and results) belong to the Customer. The Customer grants CallSmarter a limited licence to use them solely to the extent necessary to provide the service.

Confidentiality

Each party shall keep confidential the non-public information of the other party to which it has access in connection with the contract and shall use it solely for its performance. This obligation does not apply to information that becomes public through no fault of the receiving party, that the receiving party already lawfully knew, or that must be disclosed by law or at the request of an authority, and it shall survive termination of the contract.

Data protection

With regard to the personal data it processes on the Customer’s behalf when providing the service, CallSmarter acts as processor under the Data Processing Agreement, which forms part of these terms. Data of the Customer’s representatives and users that CallSmarter processes to manage the contractual relationship is governed by the Privacy Policy.

Call recordings are kept on the platform by default for 90 days; after that period, they are deleted or anonymised. The Customer may request their earlier deletion.

Term and termination

• The contract is for an indefinite term from the creation of the account or activation of the service.
• The Customer may terminate it at any time, with effect from the end of the current monthly period, by notice to [email protected] or through the means available in the dashboard.
• CallSmarter may suspend the service in whole or in part with immediate effect if the Customer breaches these terms (in particular, the acceptable use rules) or if there is a threat to the security of the platform, other customers or third parties, and may terminate the contract if the breach is not remedied or is serious.
• On termination, any remaining balance is governed by the rules in the refunds section, and the Customer’s data is deleted or returned in accordance with the Data Processing Agreement.

Changes

CallSmarter may amend these terms and its pricing. Changes will be notified to the Customer reasonably in advance of their entry into force, by email or by notice in the dashboard. If the Customer does not agree, it may terminate the contract before that date; continued use of the service after the changes take effect constitutes acceptance of the amended terms.

Governing law and jurisdiction

These terms are governed by Spanish law. For the resolution of any dispute arising from them, the parties submit to the Courts and Tribunals of [city — to be provided], unless applicable law provides otherwise.