Terms of Use and Sale

Article 1 — Purpose and scope

The purpose of these Terms is to define the terms and conditions under which Softcallia (hereinafter “the Publisher” or “We”) makes the Softcallia service available, accessible via the web application app.softcallia.com and the showcase site www.softcallia.com, as well as the respective rights and obligations of the parties in the context of subscribing to and using the Service.

These Terms apply to any User of the Service, whether they are in a free trial period or the holder of a paid Subscription, to the exclusion of any other conditions.

The Publisher is identified in the Legal Notice of the Site.

Article 2 — Definitions

For the purposes of these Terms, the following terms have the meaning set out below:

• “Service”: all the features offered by Softcallia, including the AI receptionist, telephone call management, urgency detection, automatic appointment booking, the dashboard, notifications, and any other feature accessible via the Application.
• “Application”: the Softcallia web application accessible at app.softcallia.com.
• “Site”: the showcase site accessible at www.softcallia.com.
• “User” or “You”: any natural or legal person who creates an account on the Application and uses the Service, acting in a professional capacity.
• “Consumer”: any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, professional or agricultural activity, within the meaning of the preliminary article of the French Consumer Code.
• “Account”: the User's personal space on the Application, protected by login credentials.
• “Subscription”: the pricing plan chosen by the User (Lancement Plan or Standard Plan), giving access to the Service for a fixed term with automatic renewal.
• “User Content”: all data, texts, images, audio recordings, transcriptions, knowledge base and other information entered, transmitted or generated by the User or their customers via the Service.
• “AI”: the artificial intelligence integrated into the Service, using OpenAI technologies (GPT and Whisper models), to answer calls, transcribe conversations, generate summaries, classify urgencies and propose appointments.
• “Publisher” or “We”: Softcallia, publisher of the Service.

Article 3 — Access to the service and registration

3.1. Registration conditions

Use of the Service requires the creation of an Account. Registration is open to any natural person aged at least 18 with full legal capacity, or to any legal person validly incorporated and represented by an authorized person.

The User undertakes to provide accurate, complete and up-to-date information at registration and to keep it up to date throughout the term of the contract.

3.2. Credentials and security

The User is solely responsible for the confidentiality of their login credentials (email address and password). Any activity carried out with their credentials is presumed to be carried out by the User. If you suspect unauthorized use of your Account, immediately contact: contact@softcallia.com.

3.3. Team and members

Depending on the Plan subscribed to, the administrator User may invite additional members within their organization with different roles (administrator, agent, viewer). The administrator is responsible for the actions carried out by the members of their team on the Service.

Article 4 — Description of the service

Softcallia is a telephone receptionist service using artificial intelligence, intended for professionals (tradespeople, self-employed professionals, small and medium-sized businesses). The Service includes the following features (subject to the Plan subscribed to):

• AI receptionist 24/7: an intelligent agent that answers incoming telephone calls on your behalf, in French.
• Automatic transcription and summary: each call is automatically transcribed and summarized by the AI.
• Urgency detection: automatic classification of the urgency level (low, medium, high, critical) with real-time alerts.
• Automatic appointment booking: proposal of slots and automatic confirmation (Standard Plan).
• Dashboard: call history, transcriptions, real-time statistics, filters and search.
• Multichannel notifications: real-time alerts via push notification, email (via Brevo) and SMS (via Twilio).
• AI knowledge base: (Standard Plan) personalization of the AI's responses with your business information.
• Intelligent call transfer: (Standard Plan) redirection of calls according to customizable rules.

The performance of the AI (transcription quality, relevance of summaries and classifications) depends on the audio quality of the calls and the complexity of the conversations. The Publisher undertakes to use its best efforts to ensure a quality service, but does not guarantee absolute accuracy of the AI processing.

Article 5 — User obligations

The User undertakes to:

• Use the Service in accordance with its professional purpose and these Terms.
• Not use the Service for unlawful or fraudulent purposes, or in a way that infringes the rights of third parties.
• Not attempt to circumvent security measures, rate-limiting limits or the restrictions associated with the Plan subscribed to.
• Not carry out reverse engineering, decompilation, disassembly or any attempt to extract the source code of the Service.
• Not resell, sublicense, rent or make the Service available to third parties without the written authorization of the Publisher.
• Provide accurate and lawful information in the AI knowledge base.
• Inform their callers that calls are handled by an automated assistant, in accordance with Regulation (EU) 2024/1689 (EU AI Act) and the provisions of the French Data Protection Act.
• Comply with applicable laws regarding telecommunications, data protection and telephone solicitation.
• Report without delay any malfunction, any security flaw or any unauthorized use of their Account.
• Regularly back up their User Content (the export feature is available in the dashboard).

In the event of a serious or repeated breach of these obligations, the Publisher reserves the right to suspend or terminate access to the Service under the conditions provided for in Article 9.

Article 6 — Pricing and payment terms

6.1. Pricing plans

The prices in force on the day of subscription are as follows:

Prices are stated in euros. Softcallia benefits from the basic VAT exemption scheme: VAT not applicable, Article 293 B of the French General Tax Code. No VAT is charged or recoverable. The displayed price is the amount actually charged.

6.2. Payment terms

Payments are made by bank card via our secure payment provider Stripe Inc., certified PCI DSS Level 1. The Subscription is billed monthly, in advance (i.e. at the start of each monthly period). The invoice is available for download in the User's dashboard (Billing section).

In the event of a payment failure, the Publisher will inform the User by email. Failing regularization within 7 days, access to the Service may be suspended. After 30 days without regularization, the Subscription may be terminated.

6.3. Price revision

The Publisher reserves the right to modify prices at any time. The User will be informed of any price change by email at least 30 days before it takes effect. If the User does not accept the new prices, they may terminate their Subscription before the new prices take effect, without penalty.

Article 7 — Free trial period

Softcallia offers a free trial period of 14 days, with no commitment. The free trial gives access to all the features of the Standard Plan.

At the end of this 14-day period, the User must subscribe to a paid Subscription to continue using the Service. In the absence of a subscription, access to the Service is automatically suspended. The User's data is retained for 30 days after the end of the trial period, then deleted in accordance with our Privacy Policy.

The free trial period is limited to once per natural or legal person (identified by email and/or SIRET).

Article 8 — Right of withdrawal

8.1. For consumers

In accordance with Articles L.221-18 et seq. of the French Consumer Code, if you are acting as a consumer, you have a period of 14 calendar days from the subscription of the Subscription to exercise your right of withdrawal, without having to give reasons or pay penalties.

To exercise this right, you may:

• Send an email to contact@softcallia.com clearly stating your wish to withdraw.
• Use the model withdrawal form below.
• Send a registered letter with acknowledgment of receipt to our registered office.

In the event of withdrawal, the Publisher will refund all sums paid within 14 days from the receipt of the withdrawal notification, using the same means of payment as that used for the initial transaction.

8.2. Model withdrawal form

8.3. For professionals

The right of withdrawal provided for by the French Consumer Code does not apply to Users acting in a professional capacity. However, the free trial period of 14 days (Article 7) allows the Service to be evaluated before any financial commitment.

8.4. Refund policy

Beyond the 14-day withdrawal period (for consumers) or the free trial period (for professionals), the following refund conditions apply:

• No refund is made after the expiry of the withdrawal period or the trial period, except in the event of a documented failure of the Service.
• Documented failure of the Service: in the event of a major unavailability or serious malfunction of the Service attributable to the Publisher and duly documented (screenshots, logs, exchanges with support), a pro-rata refund of the remaining subscription period may be granted.
• Procedure: any refund request must be sent by email to support@softcallia.com, detailing the facts and attaching proof of the malfunction. The Publisher undertakes to respond within 15 business days.
• The refund, if granted, will be made using the same means of payment as that used for the initial transaction, within 14 days from acceptance of the request.

Article 9 — Term, renewal and termination

9.1. Term and renewal

The Subscription is concluded for a term of one month from subscription. It is tacitly renewed for successive periods of one month, unless terminated by either party.

In accordance with Article L.215-1 of the French Consumer Code, the Publisher will inform the consumer User, at the earliest three months and at the latest one month before the renewal date, of the possibility of not renewing the contract.

9.2. Termination by the User

The User may terminate their Subscription at any time, easily, from the “Billing” section of their dashboard. The termination takes effect at the end of the current billing period. The User retains access to the Service until that date.

No pro-rata refund is made for the remaining period of the current month, except in the case of the exercise of the right of withdrawal (Article 8).

9.3. Termination by the Publisher

The Publisher may terminate access to the Service in the event of:

• A serious or repeated breach of these Terms, after formal notice by email that remains without effect for 15 days.
• Fraudulent or unlawful use of the Service.
• Non-payment for more than 30 days despite a reminder.

In an emergency (threat to the security of the Service or of other users), the suspension may be immediate with notification as soon as possible.

9.4. Consequences of termination

On the effective date of termination, access to the Service is disabled. The User may export their data (export feature in the dashboard) before termination. Data is retained for 30 days after termination to allow for possible reactivation or an export, then deleted in accordance with our Privacy Policy.

Article 10 — Intellectual property

10.1. Property of the Publisher

The Service, including its technical architecture, its source code, its algorithms, its AI integration models, its user interface, its texts, images, logos and the “Softcallia” trademark, is the exclusive property of Softcallia and is protected by French and international laws relating to intellectual property.

The Subscription grants the User a personal, non-exclusive, non-assignable and non-transferable right to use the Service, limited to the term of the Subscription and to the territory of use of the Service.

10.2. Property of the User

The User retains full ownership of their User Content (company data, knowledge base, audio recordings, transcriptions). The Publisher claims no intellectual property right over the User Content.

The User grants the Publisher a limited, non-exclusive and revocable license to use their User Content for the sole purpose of providing the Service (storage, display, AI processing).

Article 11 — Personal data

The processing of personal data is described in detail in our Privacy Policy, accessible at any time from the footer of the Site and the Application.

The User, when using the Service to process the calls of their own customers, acts as data controller within the meaning of the GDPR for the data of those third parties. The Publisher acts as processor within the meaning of Article 28 of the GDPR. The conditions of this processing are defined in the Data Processing Agreement (DPA).

Article 12 — Limitation of liability

12.1. Obligation of means

The Publisher undertakes to provide the Service with diligence and according to the rules of the art, within the framework of an obligation of means. The Publisher does not guarantee that the Service will operate uninterruptedly, free of errors, or that all anomalies will be corrected.

12.2. AI-related limits

The AI is a decision-support tool. The transcriptions, summaries and urgency classifications are automatic interpretations that may contain errors, omissions or inaccuracies. The User remains solely responsible for decisions made on the basis of the information provided by the AI and may not hold the Publisher liable for the consequences of an erroneous classification or an inaccurate transcription.

12.3. Liability cap

In any event, and within the limits permitted by law, the total liability of the Publisher, on all grounds combined, may not exceed the amount of the sums actually paid by the User for the Subscription during the last 12 months preceding the event giving rise to the damage.

The Publisher may in no event be held liable for indirect damages (loss of revenue, loss of clientele, loss of data, damage to image, commercial prejudice) even if the Publisher was informed of the possibility of such damages. This limitation does not apply in the event of willful misconduct, gross negligence or bodily injury.

Article 13 — Force majeure

Neither the Publisher nor the User shall be held liable for the non-performance or delay in the performance of any of their obligations if such non-performance or delay results from a case of force majeure within the meaning of Article 1218 of the French Civil Code, including in particular: natural disaster, fire, flood, epidemic, war, act of terrorism, general strike, widespread failure of electricity or telecommunications, failure of internet networks, governmental or regulatory decision preventing the performance of the contract.

In the event of force majeure, the performance of the obligations is suspended for the duration of the event. If the force majeure event continues beyond 90 consecutive days, either party may terminate the contract without compensation, by written notice to the other party.

Article 14 — Availability and maintenance

The Publisher strives to ensure the availability of the Service 24 hours a day, 7 days a week. However, access to the Service may be temporarily suspended, without notice, in the event of:

• Scheduled maintenance: the Publisher will endeavor to inform Users at least 48 hours in advance, except in an emergency.
• Urgent corrective maintenance (correction of security flaws).
• A technical incident at one of our sub-processors (Vercel, Supabase, Twilio, OpenAI).

The Publisher will not be held liable for losses or damages resulting from these interruptions, within the limits of Article 12.

Article 15 — Modification of the terms

The Publisher reserves the right to modify these Terms at any time. The User will be informed of any substantial modification by email at least 30 days before it takes effect.

If the User does not accept the new Terms, they may terminate their Subscription before they take effect without penalty. Continued use of the Service after the new Terms take effect shall constitute acceptance of them.

The version of the Terms in force is the one accessible at any time on the Site. The date of the last update appears at the top of this page.

Article 16 — Governing law, mediation and disputes

16.1. Governing law

These Terms are governed by and interpreted in accordance with French law, including for Users residing outside France (subject to the mandatory consumer protection provisions of their country of residence).

16.2. Amicable resolution

In the event of a dispute relating to the interpretation or performance of these Terms, the parties undertake to seek an amicable solution in good faith before any legal action.

16.3. Consumer mediation

In accordance with Articles L.612-1 and R.612-1 et seq. of the French Consumer Code, in the event of a dispute not resolved directly with our customer service, the consumer may use a consumer mediator free of charge. The prior written complaint to Softcallia must have remained unanswered for a period of two (2) months.

Consumer mediator currently being designated in accordance with Article L.612-1 of the French Consumer Code. This page will be updated upon effective designation.

The consumer may also use the European online dispute resolution (ODR) platform: https://ec.europa.eu/consumers/odr.

16.4. Competent jurisdiction

Failing amicable resolution or mediation, disputes between professionals will be submitted to the competent courts within the jurisdiction of the registered office of Softcallia. For disputes involving a consumer, the common-law rules of territorial jurisdiction will apply (court of the defendant's domicile or, at the claimant's choice, of the place of actual delivery of the service).

Article 17 — Miscellaneous provisions

17.1. Entire agreement

These Terms constitute the entire agreement between the Publisher and the User relating to the use of the Service and replace any prior agreement, written or oral, relating to the same subject matter.

17.2. Partial invalidity

If any of the provisions of these Terms is declared null or unenforceable under a law, a regulation or a final court decision, the other provisions will remain in full force and effect.

17.3. Waiver

The fact that the Publisher does not avail itself of a breach by the User of any of the obligations of these Terms shall not be interpreted as a waiver of the obligation in question.

17.4. Assignment

The User may not assign the contract to a third party without the prior written consent of the Publisher. The Publisher may assign the contract to any company of the same group or to any successor in the event of a merger, acquisition or asset transfer, subject to informing the User.