These General Terms and Conditions (the “T&Cs”) establish the contractual framework for the supply of Services by Calldesk.
You shall ensure that the Service meets your own needs. To this end, you may, prior to the acceptance of these T&Cs, ask for any additional information, failing which you acknowledge having been sufficiently informed.
No specific requirements will be considered, unless expressly agreed by Calldesk.
1. PUBLISHER AND LEGAL NOTICES
The Service and website is owned and operated by Calldesk SAS.
Calldesk SAS is a Société par Actions Simplifiée registered under the French law. The company, with authorized capital of 85,568.00 euros, has its registered office located at 49 rue de Ponthieu – 75008 Paris. Calldesk is registered with the Paris Trade and Companies Register, under number 819 861 436.
Calldesk intracommunity VAT number is FR 37 819 861 436.
Telephone: +33 1 86 65 50 32 Monday to Friday, 9AM to 6PM CET
Publication manager: Alexandre Courbin, Marketing Manager
Webhosting: 2020 Upplab Digital Inc.
Calldesk provides its customers ( the “Customers”) with a solution to automate repetitive calls for customer service with Artificial Intelligence powered voice agents (the “Service”).
The Service allows you to:
- Open an account and access the design studio
- Design voice agents with natural language conversations
- Configure voice agents’ language and voice
- Configure transfers to human agents
- Quickly deploy voice agents in different environments
- Monitor voice agents conversations and voice agents’ performance with standard KPIs
- Define custom KPIs to track business processes
- Set up context-based flash messages and contact center business hours
- Train voice agents with real life conversations
These T&Cs govern your access and use of the Service.
Please read the following carefully. If you do not accept these T&Cs, do not use the Service. Calldesk may amend these T&Cs at any time by posting an updated version to Calldesk’s website: https://calldesk.ai/.
Calldesk may also post on its website additional terms or rules applicable to the Service. Such additional terms would hereby be incorporated by reference and made a part of these T&Cs.
“Account”: means the account that must be created to access the Service offered by Calldesk.
"Data Controller": means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of Personal Data.
“Calldesk”: Calldesk SAS is a Société par Actions Simplifiée registered under the French law. The company, with authorized capital of 85,568.00 euros, has its registered office located at 49 rue de Ponthieu – 75008 Paris. Calldesk is registered with the Paris Trade and Companies Register, under number 819 861 436.
“End User”: refers to the Customers’ customers using the Service.
“Data Protection Requirements”: means the Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) as well as French applicable laws and regulations concerning data protection.
“Personal Data”: means any information relating to a data subject; who can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person or the equivalent or corresponding definition under the Data Protection Requirements.
"Data Processor" means a natural or legal person, public authority, agency or any other body which processes Personal Data on behalf of the Controller or the equivalent or corresponding definition under any applicable privacy and data protection laws or regulations.
“Service”: means all products, services, content, features, technologies, or functions delivered by Calldesk via its website, applications, downloadable or accessible software, mobile applications.
These definitions are capitalized and are to be understood in the singular as well as in the plural.
By using the Service, you undertake and warrant:
- To keep your Account password confidential. You agree to inform Calldesk if there is an unauthorized use of your Account or a security breach, such as loss or theft of your login information
- not to interfere in any way whatsoever with the Service and from using the Service in a manner that does not comply with their purpose and the conditions set forth in these T&Cs
- not to carry out reverse engineering on the Service with a view to developing a competing product or service and/or copying, reproducing any functionalities, functions, or graphic attributes of the Service
- use the Service only in accordance with your professional purpose, i.e. for the sole professional and internal needs of your activity
- not to distribute the Service, exploit the Service for commercial purposes, make it available to third parties or rent your Account
- not to alter or disrupt the integrity or performance of the Service or the data contained therein
- not to attempt to gain unauthorized access to the Service or the systems or networks associated with them
- not to transfer data that contains viruses, worms, Trojan horses or any computer file or program that could interrupt, destroy, or limit the functioning of any computer or network linked directly or indirectly to the Service
- not to use any device, software or routine that could interfere with the proper working of the Service or which is intended to damage, interfere with, intercept, or expropriate any system, data, or personal information
- you are solely responsible for the content distributed and/or downloaded via the Service and assume full responsibility for the accuracy, integrity and legality of the data transmitted to Calldesk within the framework of the Service
- that you are solely responsible for the choice of the Internet access provider or the telecommunication support allowing you to access the Service and you alone bear the costs of these subscriptions and devices.
Calldesk is released from any responsibility concerning the quality and electronic transmission of data when the end user uses the telecommunications networks and more generally the quality and reliability of the telecommunications links between his workstation (PCs, Smartphones or tablets) and the point of access to the Service.
Calldesk reserves the right to suspend your Account and password access to the Service if at any time Calldesk reasonably considers that there is or is likely to be a breach of security or misuse of the Service and/or to require that you change any or all of the passwords or credentials used to connect with the Service.
Calldesk shall make its best efforts to maintain the Service continuous availability. But access to the Service or the use of certain features may be suspended or disrupted without notice, due to technical maintenance, migration, or updates, or owing to outages or constraints linked to the network or for other technical reasons.
If you breach your undertakings as set out in these T&Cs, Calldesk reserves the right to modify or suspend all or part of your access to the Service or its features, at Calldesk’s sole discretion, temporarily or permanently.
The Service contains links to other websites. Calldesk does not control those websites and are not responsible for their content. By including these links, Calldesk is not endorsing the material on those websites or implying any association with their operators.
Information Calldesk receives from third parties, including financial information, are not verified by Calldesk.
6. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Service belong and shall continue to belong to Calldesk and/or Calldesk third party suppliers.
All trademarks or logos appearing through the Service are subject to the intellectual property rights that may be held by Calldesk, a company in its group or a third party in relation to it. Any representation, reproduction, partial or total exploitation, or any other use, in any manner whatsoever, of these trademarks and logos is prohibited without the prior written consent of Calldesk and constitutes an act of counterfeiting that may result in civil and criminal proceedings against its perpetrator.
Calldesk grants you a non- exclusive, non-transferable licence to use the Service and output material in accordance with these T&Cs
Calldesk acknowledges that all the intellectual property rights that belong to you shall continue to belong to you.
You agree to grant to Calldesk a non-transferable, non-exclusive, royalty free licence to use, disclose and copy your content into enable Calldesk to provide the Service and carry out its obligations under these T&Cs.
Calldesk warrants the quiet enjoyment (“jouissance paisible”) of the Service and declares that the Service does not infringe in whole or in part any rights that third parties may claim (including but not limited to copyright, patents, trademarks and trade secrets).
As such, Calldesk undertakes to defend you against any actual and serious third party claims both in France and abroad arising from the Service and to indemnify you against all consequences resulting from such action.
Notwithstanding the foregoing, in the event that Calldesk, as a result of a third party claim against yourself or Calldesk, is required to modify and/or remove all or part of the Service, Calldesk will be entitled to :
(a) suspend any part of the Service that is subject to the infringement claim made by the third party
(b) modify the Service, or item provided as part of the Service, to avoid any alleged infringement, provided that the modification does not materially affect the performance of the Service
(c) terminate the Service upon written notice.
You warrant that:
(a) you will not reproduce, adapt, distribute, extract, copy, or modify the Service
(b) your use of the Service through any software, equipment, materials, or services not provided by Calldesk will not infringe the rights of any third party
(c) Calldesk’s compliance with any designs or specifications that were provided by you, or on your behalf will not infringe the rights of any third party
(d) the use by Calldesk of your information through the provision of the Service in accordance with your instructions and in accordance with these T&Cs, will not infringe any third party's intellectual property rights.
7. CONFIDENTIALITY AND DATA PROTECTION
Calldesk processes End Users Personal Data in the role of a Data Processor on behalf of its Customers.
Calldesk Customers collect and process End Users Personal Data in the role of Data Controllers and are responsible for the data collection and its processing.
By using the Service, you agree that Calldesk receives your information or data which are not already in the public domain. Calldesk will use such confidential information only in connection with its rights and obligations under these T&Cs. Calldesk will not divulge, communicate or disclose, except as may be required by law or for the performance of these T&Cs, or use to your detriment, or misuse in any way your confidential information.
By accepting these T&Cs, you acknowledge that Calldesk has no control in any manner on your use of the Service or on your access to the Service.
Therefore, Calldesk has no control over the nature, quality, legality of your use of the Service.
Calldesk disclaims all warranties of any kind, whether express or implied, relating to the service, including but not limited to (i) any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment (“jouissance paisible”) , or non-infringement; and (ii) any warranties arising out of course of dealing, usage, or trade.
Calldesk disclaims all warranties that the Service or any materials or content offered through the Service, will be uninterrupted, secure, accurate or free of errors, viruses, or other harmful components.
You agree that you assume all risk for all damages that may result from your use of or access to the Service, your dealings with other service users, and any materials or your content available through the Service.
You acknowledge that you use the Service at your own discretion and risk, and you will be solely responsible for any damage (including loss of data) that results from your use of the Service.
You agree, to the fullest extent allowed by applicable law, that Calldesk shall not be liable to you for any damages, claims, expenses or other costs you incurred to you as a result of third-party claims related to your use of the Service. Under no circumstances, shall Calldesk be liable for any indirect damages.
Calldesk total cumulative liability in connection with these T&Cs and the Service will not exceed the amount of fees paid to Calldesk by its Customer in the previous twelve (12) months prior to the event giving rise to the claim.
You agree that you will be responsible for, and at Calldesk’s request, defend Calldesk from third party claims arising out of information you provide to Calldesk for publication or any breach by you of these T&Cs.
9. APPLICABLE LAW AND DISPUTE RESOLUTION
These T&Cs are governed and construed in accordance with French law.
Calldesk invites you to submit any complaints that you might have using the contact information provided above.
If the dispute cannot be settled amicably, you irrevocably agree to submit all disputes to the jurisdiction of the competent court of Paris, France.
10. CREDIT FOR WEBSITE DESIGN
Société par Actions Simplifiée registered under the French law. The company, with authorized capital of 85,568.00 euros, has its registered office located at 49 rue de Ponthieu – 75008 Paris. Calldesk is registered with the Paris Trade and Companies Register, under number 819 861 436.
Calldesk intracommunity VAT number is FR 37 819 861 436.
Email : firstname.lastname@example.org
Telephone: +33 1 86 26 99 01