Terms of use
1. Acceptance of these Terms
These Terms of Use (the “Terms“) form a legally binding agreement between CallChecker AI OÜ (“CallChecker“, “we“, “our“, “us“) and the entity or person that accesses or uses the Service (“Customer“, “you“, “your“). By creating an account, clicking “I agree”, signing an order form that references these Terms, or otherwise accessing or using the Service, you confirm that:
- you have read, understood, and accept these Terms;
- you are at least 18 years old;
- if you are entering into these Terms on behalf of an organisation, you have authority to bind that organisation, and references to “you” include that organisation.
If you do not agree to these Terms, do not access or use the Service.
2. Definitions
- “Service” means the software-as-a-service platform offered at callchecker.app, including the websites, web application, dashboards, APIs, add-ons, and related documentation, that enables transcription, scoring, and analytics of voice and other communications.
- “Customer Content” means audio, video, transcripts, metadata, CRM records, configurations, scorecards, prompts, and any other materials uploaded to, transmitted through, or generated within the Service by or on behalf of Customer.
- “Authorised Users” means Customer’s employees, contractors, and agents whom Customer permits to access the Service.
- “Order” means an order form, online sign-up, or other ordering document executed by the parties referencing these Terms.
- “Documentation” means the technical and user documentation we make generally available for the Service.
- “DPA” means the Data Processing Agreement that applies between the parties where Customer Content includes personal data.
3. Eligibility and accounts
The Service is intended for business use only. You must register for an account to use most features. You agree to:
- provide accurate, current, and complete information;
- keep your account credentials confidential and not share them;
- be responsible for all activity under your account, including by your Authorised Users;
- notify us immediately at [email protected] of any suspected unauthorised access.
We may suspend or terminate accounts that we reasonably believe are inactive, fraudulent, used in violation of these Terms, or that pose a security or legal risk.
4. Licence to the Service
Subject to your compliance with these Terms and timely payment of all fees, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable right during the subscription term to access and use the Service for your internal business purposes and in accordance with the Documentation and any volume or feature limits set out in an Order.
5. Acceptable use
You agree not to, and not to permit any Authorised User or third party to:
- use the Service in violation of any applicable law, regulation, or third-party right;
- upload, submit, or process Customer Content that you do not have all rights, consents, and authority to process — including the consents required to record, transcribe, and analyse the communications of the individuals whose voice or data appear in that content;
- use the Service to monitor or analyse communications in a manner that violates wiretapping, eavesdropping, or call-recording laws of any applicable jurisdiction (including any “two-party” / “all-party” consent requirements);
- upload data subject to special or heightened regulatory regimes (e.g., protected health information under HIPAA, payment card data under PCI DSS, classified government data, or biometric data within the meaning of GDPR/BIPA) unless we have expressly agreed in writing to support that data;
- reverse engineer, decompile, or disassemble the Service, except to the extent expressly permitted by applicable law;
- circumvent or attempt to circumvent any security feature, rate limit, access control, or usage restriction;
- resell, sublicence, time-share, or otherwise make the Service available to any third party except your own Authorised Users;
- use the Service to build a competing product or service, or to benchmark performance for publication without our prior written consent;
- introduce malware, viruses, or other harmful code into the Service;
- interfere with or disrupt the integrity or performance of the Service or the data it contains;
- scrape, crawl, or harvest data from the Service except via documented APIs and within their rate limits;
- use the Service to generate, score, or take adverse action against individuals in a way that produces unlawful discrimination or otherwise breaches anti-discrimination, employment, or human-rights law.
We may suspend access without notice if we reasonably believe your use violates this section 5 or threatens the security, integrity, or availability of the Service.
6. Customer obligations regarding recording and consent
The Service processes voice communications and other potentially sensitive materials. Laws governing the recording, transcription, monitoring, and AI-assisted analysis of communications differ widely by jurisdiction. You are solely responsible for:
- determining whether and how you may lawfully record, transcribe, score, or analyse a given communication;
- obtaining and documenting all notices and consents required by law (including from employees, agents, and external callers) before uploading or routing communications through the Service;
- providing any privacy notices required by applicable data-protection law to individuals whose personal data is processed via the Service;
- complying with all sector-specific obligations (e.g., financial-services recordkeeping, telemarketing, do-not-call rules).
You represent and warrant that you have, and will maintain throughout the subscription term, all rights, consents, authorities, and legal bases necessary for us to process Customer Content as contemplated by these Terms.
7. Customer Content
7.1 Ownership
As between the parties, Customer retains all right, title, and interest in and to Customer Content. We acquire no ownership rights in Customer Content.
7.2 Licence to us
You grant us a worldwide, non-exclusive, royalty-free licence to host, store, transmit, copy, display, modify, and otherwise process Customer Content solely to (a) provide and maintain the Service for you, (b) prevent or address service, security, or technical issues, (c) comply with law and lawful requests, and (d) enforce these Terms.
7.3 Aggregated data
We may generate aggregated and de-identified data from Customer Content and other operational data (“Aggregated Data“) for our internal business purposes, including improving the Service, capacity planning, and producing benchmarks. Aggregated Data does not identify Customer, any Authorised User, or any data subject, and we will not disclose Aggregated Data in a manner that identifies any of them.
7.4 AI / model training
We do not use Customer Content to train or fine-tune general-purpose AI models for our own benefit or for any third party, except (a) as strictly necessary to deliver the Service on your behalf or (b) with your express written consent.
8. Third-party services
The Service interoperates with third-party services (for example, speech-to-text providers, large-language-model providers, telephony platforms, CRM systems). When you enable an integration:
- you authorise us to access and exchange data with that third-party service as needed;
- your use of that third-party service is governed by its own terms and privacy notice — not these Terms;
- we are not responsible for any third-party service, its availability, accuracy, or compliance with law.
If a third-party service is discontinued, changes its terms, or imposes limits, we may be required to modify or disable the corresponding integration on reasonable notice.
9. Fees and payment
9.1 Fees
You will pay the fees set out in the applicable Order or on our then-current pricing page. Unless otherwise stated, fees are exclusive of taxes, duties, and similar government charges, all of which are your responsibility (other than taxes on our net income).
9.2 Invoicing and payment
Fees are invoiced as set out in the Order. Unless otherwise specified, fees are due within 30 days of the invoice date. Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and you will reimburse our reasonable costs of collection.
9.3 Non-payment
We may suspend the Service if any undisputed amount is more than 15 days overdue after we have given you notice.
9.4 No refunds
Except as expressly stated in these Terms or required by law, fees are non-refundable and subscriptions are non-cancellable for the committed term.
10. Term, renewal, and termination
10.1 Term
These Terms start on the date you first accept them and continue for the subscription term stated in your Order, or, where no Order applies, until terminated.
10.2 Renewal
Unless an Order says otherwise, subscriptions renew automatically for successive periods equal to the initial term. Either party may prevent renewal by giving written notice at least 30 days before the end of the then-current term.
10.3 Termination for cause
Either party may terminate these Terms (and any Order) for cause if the other party (a) materially breaches these Terms and fails to cure the breach within 30 days after written notice, or (b) becomes insolvent, files for bankruptcy, or ceases operations.
10.4 Termination for convenience by us
We may terminate or suspend the Service if continued provision becomes unlawful, commercially impracticable, or unsafe, on reasonable prior notice and with a pro-rata refund of prepaid, unused fees attributable to the terminated portion.
10.5 Effect of termination
On termination or expiry: (a) your right to access the Service ends; (b) you must pay any unpaid fees accrued before termination; (c) we will make Customer Content available for export for a limited period (typically 30 days) as set out in the Documentation, after which we will delete or anonymise Customer Content in accordance with the DPA and our retention policies, subject to backup cycles and legal retention obligations.
10.6 Survival
Sections that by their nature should survive termination will survive, including sections on Customer Content licences for aggregated/de-identified data, confidentiality, fees accrued, disclaimers, limitation of liability, indemnification, and governing law.
11. Intellectual property
We and our licensors own all right, title, and interest in and to the Service, the Documentation, all underlying software, models, prompts, configurations, and any improvements thereto, including all intellectual property rights. No rights are granted to you other than the limited licence in section 4. You may submit feedback, suggestions, or ideas about the Service; you grant us a perpetual, irrevocable, royalty-free licence to use such feedback for any purpose, without any obligation to you.
12. Confidentiality
Each party may receive non-public information of the other party that is identified as confidential or that should reasonably be understood to be confidential (“Confidential Information“). The receiving party will (a) use Confidential Information only to perform under these Terms, (b) protect it with the same degree of care it uses for its own confidential information of similar importance (and no less than reasonable care), and (c) not disclose it to any third party except to its personnel and contractors who have a need to know and are bound by confidentiality obligations no less protective. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was rightfully known without obligation of confidence, is independently developed, or is rightfully received from a third party without restriction.
13. Privacy and data protection
Our processing of personal data is described in our Privacy Policy at https://callchecker.app/privacy. Where we process personal data on your behalf as a processor, the DPA applies and forms part of these Terms.
14. Warranties and disclaimers
14.1 Mutual warranties
Each party warrants that it has the legal power and authority to enter into and perform these Terms.
14.2 Service warranty
We warrant that during the subscription term the Service will perform materially in accordance with the Documentation. Your sole and exclusive remedy, and our entire liability, for breach of this warranty is, at our option, (a) re-performance of the affected Service or (b) termination of the affected Order and refund of any prepaid, unused fees attributable to the affected Service for the period after the breach.
14.3 AI output disclaimer
You understand that the Service uses automated speech recognition and large-language-model technology. Outputs (including transcripts, summaries, scorecards, and classifications) may be incomplete, inaccurate, biased, or otherwise unsuitable for your use case. You are responsible for evaluating the appropriateness of outputs for your purposes and must not rely on them as the sole basis for any decision that has legal or similarly significant effect on any individual.
14.4 Disclaimer
EXCEPT AS EXPRESSLY SET OUT IN THIS SECTION 14, THE SERVICE AND ALL DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY OUTPUTS WILL BE ACCURATE OR COMPLETE.
15. Indemnification
15.1 By us
Subject to section 16, we will defend you against any third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes any third-party patent, copyright, or trade-secret right, and we will pay damages and reasonable costs finally awarded against you (or amounts in settlement we approve). Our obligations do not apply to claims arising from (a) Customer Content, (b) use of the Service in violation of these Terms or the Documentation, (c) modifications to the Service not made by us, or (d) combination of the Service with items not provided by us. If we believe the Service is, or may become, the subject of an infringement claim, we may, at our option, (i) procure for you the right to continue using the Service, (ii) modify the Service to be non-infringing while preserving substantially equivalent functionality, or (iii) terminate the affected Order and refund prepaid, unused fees attributable to the terminated portion. This section sets out our entire liability and your sole remedy for infringement claims.
15.2 By you
Subject to section 16, you will defend us against any third-party claim arising out of or relating to (a) Customer Content, including any allegation that its collection, recording, transcription, or analysis violated law or third-party rights; (b) your or your Authorised Users’ use of the Service in breach of these Terms; or (c) your breach of section 6 (recording and consent), and you will pay damages and reasonable costs finally awarded against us (or amounts in settlement you approve).
15.3 Procedure
The indemnified party must (a) promptly notify the indemnifying party of the claim, (b) give the indemnifying party sole control of the defence and settlement (provided no settlement that admits liability or imposes obligations on the indemnified party may be entered without its consent), and (c) provide reasonable cooperation at the indemnifying party’s expense.
16. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (b) EACH PARTY’S TOTAL AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. THE LIMITATIONS IN THIS SECTION 16 DO NOT APPLY TO (i) your payment obligations, (ii) either party’s indemnification obligations under section 15, (iii) either party’s breach of confidentiality (section 12), (iv) your breach of section 5 (acceptable use) or section 6 (recording and consent), or (v) any liability that cannot be limited under applicable law (including liability for death, personal injury caused by negligence, fraud, or fraudulent misrepresentation).
17. Force majeure
Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, labour disputes, internet or telecommunications failures, denial-of-service attacks, pandemics, and failures of third-party providers.
18. Export and sanctions
You will comply with all applicable export-control and sanctions laws, including those of the United States, the European Union, and the United Kingdom. You represent that you and your Authorised Users are not (a) located in, or a resident or national of, a country subject to comprehensive sanctions, or (b) listed on any government list of prohibited or restricted parties. You will not export, re-export, or otherwise transfer the Service to any restricted destination or party.
19. Beta and preview features
We may from time to time offer features, services, or APIs that are designated as alpha, beta, preview, evaluation, or similar (“Beta Features“). Beta Features are provided “as is”, without any warranty, support, or service-level commitment, and may be modified, suspended, or discontinued at any time. Use of Beta Features is at your sole risk.
20. Changes to the Terms or the Service
We may modify these Terms from time to time. We will post the updated version at callchecker.app and update the “Last updated” date. If a change is material, we will provide reasonable advance notice (e.g., by email or in-app notice). Material changes take effect on the date stated in the notice or, if no date is stated, 30 days after notice. Your continued use of the Service after the effective date constitutes acceptance. If you do not accept a material change, your sole remedy is to terminate your subscription for convenience and receive a pro-rata refund of prepaid, unused fees for the remainder of the then-current term. We may modify or discontinue features of the Service from time to time, provided we will not materially diminish the core functionality of the Service during a paid subscription term without giving you a right to terminate the affected Order and receive a pro-rata refund of prepaid, unused fees.
21. Notices
Notices to us must be sent to [email protected] with a copy to Narva mnt 5, 10117 Tallinn, Estonia. Notices to you may be sent to the email address associated with your account or posted in the Service. Notices are deemed received on the next business day after sending (email) or 5 business days after posting (postal mail).
22. Governing law and disputes
These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of Republic of Estonia, without regard to its conflict-of-laws principles. Subject to the next sentence, the parties submit to the exclusive jurisdiction of the courts of courts of Tallinn, Estonia. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
23. Miscellaneous
- Entire agreement. These Terms, together with any applicable Order, DPA, and Privacy Policy, are the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements on this subject matter.
- Order of precedence. In the event of conflict, the order of precedence is: (1) DPA (as to data-protection matters), (2) the Order, (3) these Terms, (4) the Documentation.
- No waiver. Failure to enforce any provision is not a waiver of that or any other provision.
- Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent needed to make it enforceable while preserving its intent.
- Assignment. You may not assign or transfer these Terms without our prior written consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets, provided the assignee is not our competitor and assumes all obligations. We may assign these Terms without restriction. Any other assignment is void.
- Independent contractors. The parties are independent contractors. These Terms do not create any partnership, joint venture, agency, or employment relationship.
- No third-party beneficiaries. These Terms do not confer any rights on any third party.
- Counterparts and electronic signatures. Orders may be executed in counterparts and via electronic signature, each of which is deemed an original.
24. Contact
CallChecker AI OÜ
Narva mnt 5, 10117 Tallinn, Estonia
Email: [email protected]
Website: https://callchecker.app