1. Scope
These Terms and Conditions of Sale ("Terms") set out the conditions applicable to the services and SaaS platform provided by Callkom, a French SAS registered under number 942 593 021, head office 96 rue Paradis, 13006 Marseille, intra-EU VAT FR58942593021, to its professional clients (the "Client").
The Client acknowledges acting as a professional; consumer-protection provisions do not apply. Any order, subscription or acceptance of a quote implies full and unreserved acceptance of these Terms, which prevail over any other document issued by the Client.
2. Scope of the engagement
Engagements are strictly limited to the quote, purchase order, commercial proposal or description of the SaaS plan subscribed. They consist mainly of granting access to the platform, providing and operating the AI agents, ensuring the technical operation of the service and, where applicable, the integration, configuration, training or support services provided. Any request outside the initial scope is subject to prior written agreement.
3. Provider's obligations
The Provider is subject to a best-efforts obligation: an accessible, functional platform, the ability to create and run AI agents, delivery of outputs, and reasonable security and continuity. AI agents rely on statistical models and may vary; the Provider is not bound by an obligation of result and does not guarantee the achievement of commercial objectives, nor the legal compliance of scripts defined by the Client. Standard support is provided by email and ticketing, Monday to Friday 9am–6pm (head-office local time), excluding public holidays.
4. Client's obligations
The Client undertakes to collaborate actively, fairly and in good faith: providing the necessary elements (scripts, prompts, qualification rules, scenarios), ensuring their accuracy and lawfulness, and validating agent behaviour before going live. The Client remains solely responsible for the lawfulness of contact lists, the legal basis and information of data subjects, checking opt-out lists (including Bloctel in France), managing opt-outs, and complying with call windows and frequencies. The Client keeps their credentials confidential.
5. Fees and billing
Services are provided on a one-off quote or as a recurring subscription. Unless otherwise stated, subscriptions are taken for an initial term of twelve (12) months, then renewed by tacit agreement for successive one-month periods, subject to termination (art. 7). Some plans include usage-based billing (AI minutes including associated telephony); overage may be charged beyond the included volume. Unless otherwise stated, services are billed on order and payable on receipt, by card via Stripe. Late payment triggers interest at three times the legal rate and a fixed €40 indemnity, without notice.
6. Liability
The Provider is bound by a best-efforts obligation. Save for gross negligence or wilful misconduct, total compensation is limited to the amount excl. VAT received over the last three (3) months of subscription preceding the triggering event. Indirect damages are excluded: loss of revenue, margins, opportunities, reputational harm, data loss due to misuse, third-party claims and administrative penalties. The Provider is not liable for content and settings defined by the Client, the lawfulness of call bases and outreach, or the inherent limits of AI and voice synthesis technologies.
7. Termination
By way of derogation from rules between professionals, the Provider grants a contractual withdrawal period of seven (7) calendar days from order validation. After this period, the Client is committed for the initial twelve (12) month term, then may terminate at any time subject to one (1) month's notice, effective at the end of the current calendar month. On termination, the Client keeps access until the end of the paid period and can export their data and outputs (CSV, PDF, audio). Callkom then deletes or anonymises Client data, subject to legal obligations.
8. Data protection
The Client remains the controller for third-party data (call bases, conversations, transcripts, CRM). The Provider acts as a processor within the meaning of the GDPR: processing data only on the Client's documented instructions, guaranteeing confidentiality and appropriate security, informing the Client of any data breach without undue delay, assisting with GDPR obligations, and deleting or returning data at the end of the engagement, subject to legal obligations. The Client authorises the use of technical sub-processors (hosting, telecoms, AI, voice, messaging, analytics, authentication), some possibly outside the EU, with the necessary safeguards.
9. Force majeure
Neither party is liable for a failure resulting from force majeure (natural disasters, conflicts, pandemics, administrative decisions, exceptional cyberattacks, major cloud/telecom provider failure, etc.). Performance of affected obligations is suspended; beyond thirty (30) consecutive days, either party may terminate as of right without indemnity.
10. Intellectual property
The platform, its components, architecture, AI modules, connectors, documentation and brand remain the exclusive property of the Provider. The Client receives a non-exclusive, non-transferable right of use, limited to the term and scope of the contract, for their internal professional needs only. The Client remains the owner of the Client data they integrate and warrants they hold the necessary rights.
11–13. Limitation, disputes and acceptance
Any action against the Provider must be brought within five (5) years of the contract's end. These Terms are governed by French law. Any unresolved dispute is brought before the competent courts of Marseille. Online acceptance (checkbox + validation/payment) constitutes consent and has the same value as a signature.