Callper Terms of Service

Text in [square brackets] is a placeholder that will be completed before these Terms take effect. Every clause that restates a product decision is traced to its source in the annex. Companion documents: the Data Processing Agreement, the Privacy Policy, the Sub-processor register and the Caller notice.

1. Parties and acceptance

1.1. These Terms of Service (the "Terms") are a contract between Callper SRL, registered in Romania, VAT number RO55481408, trade register number J2026050795000, registered office at Aeroportului Street no. 1D, building III, 4th floor, apt. 38, 700384 Iași, Romania ("Callper"), and the business that opens an account (the "Customer").

1.2. Business use only. The Service is offered to businesses, professionals and organisations acting in the course of their trade, business, craft or profession. By accepting these Terms the Customer warrants that it contracts as a business and not as a consumer, that the person accepting is authorised to bind it, and that the identity, address and VAT details it gives are accurate.

1.3. Consumer-protection rules do not apply to this contract. In particular the Customer has no fourteen-day right of withdrawal under the rules implementing Directive 2011/83/EU. The refund right in section 9 is a contractual promise and the only one of its kind.

1.4. The Customer accepts these Terms by ticking the acceptance box at sign-up, by purchasing a Plan, or by using the Service after a change notified under section 23, whichever comes first. A signed order form prevails over these Terms where the two conflict.

2. Definitions

2.1. "Account": the Customer's organisation in the Service, with its users, settings and data.

2.2. "Add-on Minutes": minutes bought as a package on top of a Plan allowance.

2.3. "Assistant": an AI phone agent the Customer configures in the Service, with its greeting, instructions, voice, knowledge base and connected tools.

2.4. "Business Records": data the Customer keeps to run its business about the people it deals with, which the Customer supplied or a transaction required. Today: contacts and appointments.

2.5. "Caller": any person who calls, or is called by, an Assistant.

2.6. "Content": what a Caller said during a call and anything derived from it: audio, transcripts, summaries, extracted details.

2.7. "Customer Content": material the Customer supplies to the Service: greetings, instructions, knowledge-base documents and pages, contact lists, voice samples.

2.8. "Dashboard": the web application at callper.ai through which the Customer operates the Service.

2.9. "DPA": the Data Processing Agreement at Data Processing Agreement, which forms part of these Terms.

2.10. "Number": a telephone number allocated to the Customer through the Service.

2.11. "Plan": a subscription tier of the Service. The current tiers are Basic, Pro and Business, as described on the pricing page.

2.12. "Provider": a third party whose services Callper uses to deliver the Service, as listed in Sub-processor register.

2.13. "Service": the Callper AI phone-answering platform: the Assistants, the telephony behind them, the Dashboard and the related interfaces.

3. The Service

3.1. Callper provides a platform on which the Customer configures Assistants that answer calls to its Numbers, speak with Callers in the supported languages, answer from the Customer's knowledge base, take messages, book appointments through the Customer's own calendar, and hand calls to a human number the Customer designates.

3.2. The Assistant is software. It generates responses from the Customer's configuration and from what the Caller says, using speech recognition, a language model and speech synthesis run by a Provider. Its output is probabilistic: it can misunderstand, mis-state or omit, and the Customer configures and supervises it on that basis.

3.3. Callper may change the features, Providers and technical means of the Service provided its core function, answering the Customer's calls with a configurable Assistant, is preserved. Removal of a feature the Customer's Plan lists, or withdrawal of a country or language, is notified under section 23.

4. Account and access

4.1. The Account is opened by one login, which becomes its owner. The owner may invite users up to the Plan's limit and assigns their roles. The Customer is responsible for everything done through its Account and for its users' credentials. Sign-in is provided by a third-party identity provider, as the Privacy Policy describes.

4.2. The Customer must give, and keep current, a working human telephone number to which calls are forwarded when the Assistant cannot take them.

4.3. The Customer may not resell or sublicense access to the Service, or use it to provide phone answering to third parties under its own brand, without Callper's written agreement.

5. Trial

5.1. A new Account may receive sixty trial minutes, valid for ten days from creation; no payment method is needed. The trial is once per person: where an earlier Account opened with the same email address has been closed, the new Account receives only the trial minutes the earlier Account had left when it closed, valid for ten days from creation, and none if the earlier Account ever had a paid Plan. Trial minutes buy the browser test call against the Customer's own Assistant; a trial Account cannot allocate a Number or take an Assistant live on the telephone network.

5.2. Buying a Plan cancels any unused trial minutes; they do not add to the Plan allowance, and the Customer is told so at checkout. A trial never converts to a paid Plan on its own.

6. Plans, fees and payment

6.1. Plans are monthly subscriptions. Each Plan's price, included minutes and limits are those published on the pricing page at the time of purchase, which is incorporated in these Terms. The Business Plan is priced "from" a published figure; a higher Business price is agreed in an order form.

6.2. Currency and tax. All prices are in euro and exclude VAT. VAT is added where Callper must charge it. A Customer established in an EU member state other than Romania whose EU VAT identification number Callper's payment provider verifies as valid is invoiced without VAT under the reverse-charge mechanism and accounts for VAT itself. An unverified or invalid VAT number is treated as none. The Customer keeps its VAT status current in the billing portal.

6.3. Automatic payment. The Plan and any Number rent are charged automatically, in advance, to the payment method on file on each due date. Add-on Minutes are charged when bought or when an automatic recharge fires. Every charge is invoiced; invoices and the payment method are managed in the billing portal. Card details are entered on the payment provider's pages and never reach Callper.

6.4. Callper may change Plan prices with at least thirty days' notice by email to the Account owner, effective from the Customer's next renewal after the notice period. A Customer that does not accept the new price may cancel under section 8.4 before that renewal.

7. Minutes

7.1. Each Plan credits its included minutes at the start of each billing period. Unused included minutes lapse at period end and do not carry over.

7.2. Usage is measured in minutes of connected call time on the Assistant, debited when each call ends. Each call is rounded up to the next whole minute. A call in progress is not cut off when the balance reaches zero.

7.3. Add-on Minutes never expire. They survive a Plan change and a cancellation, are spent only after trial and Plan minutes, and remain the Customer's until used.

7.4. Automatic recharge is opt-in. The Customer sets a minute floor and a package; when the balance reaches the floor the package is bought against the payment method on file and invoiced. One recharge runs at a time, recharges are capped per day, and a failed recharge is emailed to the Account owner.

8. Plan changes and cancellation

8.1. Upgrade. An upgrade takes effect immediately and starts a new billing period that day. The full new price is charged, less a pro-rated credit for the unused remainder of the old period. The new Plan's included minutes replace the old Plan's remaining included minutes; Add-on Minutes are unaffected.

8.2. Downgrade. A downgrade is scheduled for the end of the current period and applies then. Where the Customer then exceeds a limit of the new Plan (documents, users, cloned voices), the excess is kept, usable and removable, but nothing more can be added until the Customer is within the limit.

8.3. Where a downgrade ends a Plan's coverage of a Number, the Customer chooses at scheduling whether to keep the Number as a paid rent or let it go. Nothing is charged before the period ends. A Number let go enters the steps in section 11.7 at period end.

8.4. Cancellation. The Customer may cancel a Plan or a Number rent at any time from the Dashboard, effective at the end of the current paid period. Service continues until then and no further charge is made. Except under section 9, the remainder of a paid period is not refunded. Callper may ask why the Customer is cancelling; answering is optional.

9. Thirty-day money-back guarantee and refunds

9.1. A Customer that is not satisfied with a Plan may cancel from the Dashboard within thirty days of its first Plan payment and receive a full refund of that payment. The guarantee applies once per Customer, to the first Plan payment only.

9.2. The guarantee covers the Plan fee. It does not cover Number fees or rent, Add-on Minutes packages, or negotiated Business Plan terms unless the order form says otherwise.

9.3. Refunds are issued by credit note against the original invoice and returned to the original payment method, so that both parties' VAT position is corrected. Outside the guarantee, refunds are made only where these Terms say so (section 11.5) or where Callper agrees in writing.

10. Failed payment, degraded service and suspension

10.1. If a Plan or rent payment fails, the payment provider retries it and the Account owner is emailed. The Customer must update its payment method promptly. A failed rent payment follows section 11.7.

10.2. When minutes run out. Calls keep being answered. The minutes they use are debited against the balance, which may go below zero until the next recharge or renewal, and the Customer is notified by email when the balance runs low and when it is exhausted. Running out of minutes never suspends a Number: a Number is suspended only when its rent goes unpaid, on the ladder in 11.7. Callper may later forward calls to the Customer's human number instead of answering them while the balance is exhausted, and will say so in the Dashboard before doing it.

10.3. A Caller is never told that the Customer is out of minutes, unpaid or suspended. Service is restored when the balance is topped up or the failed payment is settled.

11. Phone numbers

11.1. Numbers are allocated through the Dashboard from the inventory of Callper's telephony Provider, for the countries and number types the Dashboard offers. A Number is not sold outright: it is allocated from a national numbering plan, stays subject to that plan's rules and the Provider's terms, and the Customer obtains a right to use it for as long as it is paid for and allocated under these Terms. Callper may reassign or release a Number where a regulator or the Provider requires it, with as much notice as circumstances allow.

11.2. Price. The first payment covers allocation and the first month. From the second month the Number is charged as a monthly rent, automatically, until cancelled or released. Prices are shown in euro in the Dashboard at purchase, exclusive of VAT.

11.3. The paperwork is the Customer's. Most countries require identity, address and company documents from the end user before a Number is allocated. The Customer supplies them through the Dashboard, warrants they are genuine and its own, and is the end user of record. Callper files them with the Provider on the Customer's behalf and keeps no copy. Approval is decided by the Provider or the regulator on their timetable and criteria; the Dashboard shows which countries and number types the Customer may order given the paperwork it has filed.

11.4. Orders reviewed after purchase. In some markets the paperwork cannot be approved in advance and travels with the order, which the Provider reviews by hand after payment. Such a Number is shown as under review, and its rent starts only when the Provider activates it. If the Provider declines the order, the purchase is not refunded: the Customer's own documents were rejected and the Provider does not refund Callper. The Dashboard says so before payment.

11.5. Allocation failure. If the Provider fails to deliver a Number for a reason unrelated to the Customer's paperwork (for instance it was taken between search and checkout), the payment is refunded automatically and no rent is started.

11.6. Provider removal. If the Provider removes a Number because required documentation was never supplied, the Number is lost and the purchase is not refunded. The Customer is told by email and may file the paperwork and buy again.

11.7. Rent lapse. If a rent payment fails and is not settled: for seven days from the due date the Number keeps working; from the eighth day it is blocked, detached from its Assistant and no longer answers, though the Customer still holds it; thirty days after the due date it is released to the Provider and the rent is cancelled. Settling the payment before release restores the Number. A released Number generally cannot be recovered; a replacement is a new purchase.

11.8. Giving a Number back. The Customer may release a Number at any time from the Dashboard. Release is immediate and irreversible: the Assistant on it stops answering, the rent is cancelled, and no part of the allocation payment or the current month's rent is refunded. A Number still pending activation cannot be released until it activates.

11.9. Porting. Callper does not offer number porting in or out. If it is introduced, it will be announced as a change to these Terms under section 23.

11.10. Included Numbers. A Plan that includes Numbers covers their allocation and rent for as long as the Plan covers them. The inclusion belongs to the Customer's account, not to a particular Number, and applies to the dearest Number the Customer holds. A Number a smaller Plan no longer covers becomes an ordinary paid rental; a downgrade never takes a Number away. Cancelling a Plan releases the Numbers it was paying for on the ladder in 11.7, after a warning, unless the Customer keeps them as paid rentals. A released Number is usually gone for good.

12. Scheduling through the Customer's own calendar

12.1. Appointment booking runs against the Customer's own Cal.com account. The Customer opens and configures that account, connects it by supplying an API key or authorising Callper through Cal.com's connection flow, and keeps the connection valid.

12.2. Cal.com is the Customer's own contract. Cal.com is not Callper's sub-processor: Callper calls it on the Customer's instruction with the Customer's credential, and Cal.com's terms, availability, limits and pricing are between the Customer and Cal.com. Callper is not responsible for a booking that fails, a slot that is double-booked, or a change in Cal.com's service.

12.3. Single practitioner. Booking is supported for one calendar per Account: one practitioner or resource whose availability the Assistant reads. Round-robin allocation across several practitioners is not supported.

12.4. If the calendar connection stops working, the Assistant offers a message or a human instead of promising a booking, and the Customer is notified to restore it. A Caller's name and, where given, number and email are recorded in the Customer's calendar and in the Service as Business Records; the Customer is responsible for informing Callers how their booking data is used, including any confirmation Cal.com sends.

13. Data protection

13.1. Roles. For Content, Business Records and the personal data of Callers and contacts, the Customer is controller and Callper is its processor under the DPA. For the personal data of the Customer's own users and billing contacts, Callper is controller under the Privacy Policy.

13.2. Sub-processors and location. Callper uses the sub-processors in Sub-processor register and notifies changes under the DPA. Real-time speech processing takes place on the telephony sub-processor's own infrastructure, at the site nearest to the call, which may be outside the European Union, under an adequacy mechanism or standard contractual clauses; the Customer's business and Caller records are stored in the European Union. Callper does not claim EU data residency.

13.3. The payment provider is a joint or independent controller for the parts of payment processing it performs under its own legal obligations; that processing is outside Callper's instruction.

13.4. The Customer warrants that it has a lawful basis for the personal data it brings into the Service, including imported contacts, and for the processing it instructs; that any voice sample it uploads for a cloned voice was recorded with the informed consent of the person whose voice it is; and that where its use involves special categories of data, such as health information, it has assessed and documented that processing as the law requires.

13.5. Erasure. The Customer may erase a single contact and their personal data from the Dashboard at any time; that person's appointments survive as records with the attendee removed. Account-level erasure is in section 22. Where the DPA and these Terms conflict on personal data, the DPA prevails.

14. Zero Data Retention

14.1. Zero Data Retention ("ZDR") is an option of the Business Plan. When enabled, no Content is written to durable storage after a call ends, at Callper or at its Providers: no audio, no transcript, no summary, no derivation. Content held in memory during a call is processed but not retained.

14.2. ZDR does not cover, and Callper retains: billing records, as tax law requires; identity and Account data; call metadata carrying no Content (time, duration, direction, outcome, cost); Customer Content, including the knowledge base and any voice sample; and Business Records.

14.3. ZDR runs forward only. It applies to calls that begin after it is enabled. It does not remove Content stored from earlier calls; a Customer that needs earlier Content removed uses the erasure paths in sections 13.5 and 22, which are deliberate acts rather than side effects of a setting.

14.4. Enabling ZDR requires a confirmed change at the Provider. If that change fails, ZDR stays off and the Customer is told; the Dashboard never shows ZDR as on while calls are being retained.

14.5. With ZDR on, the Customer gives up the features that depend on retained Content: transcript review, summaries, content-based analytics and improvement of the Assistant from its own calls. The Dashboard shows these as not retained by choice.

14.6. Availability. ZDR is offered for sale only from the date Callper announces it in the Dashboard. Until then it is described but cannot be enabled, and nothing in these Terms promises zero retention to any Customer.

15. AI transparency and recording notices

15.1. The Customer deploys the Assistant to its Callers. Under Regulation (EU) 2024/1689 (the AI Act), Article 50, and under the ePrivacy and telecommunications rules of the countries concerned, the obligation to tell a Caller they are speaking with an AI system, and to give any notice required for recording or transcribing the call, rests with the Customer.

15.2. Callper provides guidance, not enforcement. The Dashboard offers suggested disclosure wording per language and the Caller notice is a template the Customer may adopt, adapt or replace. Callper publishes the Customer's greeting as written and does not check it for, or add, a disclosure. The Customer is responsible for the wording it goes live with in each country its Assistant answers.

15.3. Independently of the greeting, every Assistant is instructed never to claim to be human and to say it is an AI assistant whenever asked. The Customer must not configure an Assistant to deny or obscure that.

15.4. Audio recording is off for every Assistant. Transcription is on for every Plan except a Business Plan with ZDR enabled. The Customer's notice to Callers must reflect what actually happens on its line.

16. Acceptable use

16.1. The Customer must not use the Service, or configure an Assistant, to:

(a) evaluate, classify, prioritise or dispatch emergency calls, or act as an emergency service;

(b) make or support decisions on a person's recruitment, employment, promotion, termination or working conditions;

(c) assess creditworthiness, or decide a person's access to credit, insurance, housing, or essential private or public services and benefits;

(d) make or support decisions in education admission or assessment, law enforcement, migration, asylum, border control or the administration of justice;

(e) identify people biometrically, infer emotions, or otherwise profile Callers in a way that would place the use within Annex III of the AI Act;

(f) take a decision with legal or similarly significant effects on a Caller without meaningful human involvement;

(g) place cold calls, unsolicited marketing or sales calls, robocalls, or calls to people who have not asked to be contacted or have objected; outbound calling, where the Plan allows it, is for calls a Caller has requested or would reasonably expect, such as confirmations and callbacks;

(h) impersonate a person, business or authority, or collect payment-card details, passwords or government identifiers from Callers by voice;

(i) transmit unlawful, defamatory, threatening or infringing content, interfere with the Service or circumvent its limits, or breach any law applicable to the Customer, including telecommunications, consumer and data-protection law in each country its Assistant serves.

16.2. Items (a) to (e) are excluded so that the Service stays outside the AI Act's high-risk classification. The Service is not designed, tested or documented for high-risk use; a Customer that uses it that way does so without Callper's authorisation and at its own risk.

16.3. Callper may investigate a suspected breach of this section and suspend the Account or an Assistant under section 21 meanwhile.

17. Content and intellectual property

17.1. The Customer owns its Customer Content and Business Records and grants Callper a non-exclusive licence to host, process, transmit, display and derive from them as needed to provide the Service, including through Providers. The licence ends when the material is erased under these Terms, save what the law requires Callper to keep.

17.2. Content belongs to the Customer as controller; Callper processes it under the DPA.

17.3. Uploaded knowledge-base files are converted to text; the text is kept and the original file is discarded. The Customer keeps its own copy.

17.4. Callper does not use Content or Customer Content to train general-purpose AI models. It may use them to operate and improve the Customer's own Assistant, and aggregated non-identifying usage data to improve the Service.

17.5. The Service, its software, documentation and any wording Callper supplies are Callper's or its licensors' property. The Customer receives a non-exclusive, non-transferable right to use them for its own business during the term, and no other right. Callper may use, without obligation, any feedback the Customer gives.

18. Confidentiality

18.1. Each party keeps the other's non-public information confidential, uses it only to perform these Terms, and discloses it only to staff, advisers and Providers who need it and are bound to confidentiality. This does not cover information that is public through no fault of the recipient, was already known to it, or must be disclosed by law. Content, Customer Content and Business Records are the Customer's confidential information.

19. Warranties and disclaimers

19.1. Callper warrants that it will provide the Service with reasonable skill and care and substantially as described in the Dashboard and on the pricing page.

19.2. AI output. The Customer acknowledges that the Assistant's answers, bookings, messages and summaries are generated automatically and can be wrong, incomplete or inappropriate, and that the Assistant may misunderstand a Caller or fail to complete an action. The Customer, not Callper, is responsible for what it lets the Assistant say and do, for reviewing its outputs and for decisions taken on them.

19.3. No emergency service. The Service does not connect to emergency services and must not be relied on to reach them. The Customer must direct Callers who may be in an emergency to their country's emergency number.

19.4. The Service depends on public telephone networks, Providers and the Customer's calendar service, none of which Callper controls. Callper does not warrant uninterrupted or error-free service, that any call will be delivered or answered, that any booking will be made, or that a Number will be allocated, approved or retained by a Provider or regulator.

19.5. Service levels. Callper gives no availability target and no service credits. Except as stated in this section, Callper gives no warranty, express or implied, including as to fitness for purpose or results.

20. Liability

20.1. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud, for intentional misconduct or gross negligence, or for any liability Romanian law does not allow to be excluded.

20.2. Cap. Subject to 20.1, each party's total liability arising out of or in connection with these Terms is limited to the fees the Customer paid to Callper in the twelve months preceding the event giving rise to the claim.

20.3. Excluded loss. Subject to 20.1, neither party is liable for indirect or consequential loss; loss of profit, revenue, business or goodwill; or loss arising from a missed, misrouted or unanswered call, a missed or incorrect booking, or a Caller's reliance on what an Assistant said.

20.4. Data protection. Liability between the parties for breach of data-protection law is allocated by the DPA according to each party's role. The cap in 20.2 applies to it.

20.5. Indemnity. The Customer indemnifies Callper against third-party claims, fines and reasonable costs arising from its breach of sections 13.4, 15 or 16, from its Customer Content, or from documents it supplied under section 11.3.

21. Suspension and termination

21.1. Callper may suspend the Account, an Assistant or a Number, with notice where practicable, where a payment is overdue beyond the steps in sections 10 and 11.7; Callper reasonably believes section 16 is being breached; a Provider, regulator or court requires it; or suspension is needed to protect the Service or other customers. Suspension is lifted when the cause is removed.

21.2. Either party may terminate for a material breach not cured within fifteen days of written notice, or immediately for a breach that cannot be cured. A breach of section 16.1(a) to (g) may be treated as incurable.

21.3. The Customer ends these Terms by cancelling all Plans and Numbers under section 8.4, or by deleting its Account under section 22. Callper may end them on ninety days' notice, or on shorter notice where a Provider withdraws a service Callper cannot replace on reasonable terms; fees paid for a period beyond the end date are then refunded pro rata.

21.4. On termination, Numbers are released, Assistants stop answering, and data is handled under section 22 and the DPA. Sections 13, 17, 18, 20, 24 and 25 survive.

22. Account deletion and erasure

22.1. The Account owner may delete the Account from the Dashboard. Deletion requires a typed confirmation and names what will be lost.

22.2. Immediately on confirmation: all subscriptions are cancelled at once, all Numbers are released to the Provider and are generally unrecoverable, all cloned voices are deleted at the Provider, and all user logins are removed. The remainder of any paid period is forfeited; there is no refund on deletion, and the guarantee in section 9 must be exercised before deleting.

22.3. For thirty days: the Customer's data (Assistants, conversations and transcripts, notes, contacts and appointments, users, settings) is held in an archive no user can reach. Within that window the Customer may ask Callper's support by email to restore the Account, and Callper restores what the archive holds. Released Numbers are not restored.

22.4. After thirty days: the archive is permanently erased. What survives is the payment provider's record of the Customer and its invoices, which tax law requires; the record of the deletion itself; and any cancellation feedback, held without a link to the Account.

22.5. A Customer that needs erasure sooner than thirty days may request it by email to office@callper.ai; Callper then performs it by hand and confirms by email. No data export is offered at deletion at launch.

23. Changes to these Terms

23.1. Callper may amend these Terms. Each version carries a version date at its head. A material change, including a price change, a Plan content change or a new restriction, is notified at least thirty days before it takes effect, by email to the Account owner and in the Dashboard. A change required by law or by a Provider, or that only benefits the Customer, may take effect sooner.

23.2. A Customer that does not accept a change may cancel under section 8.4 before it takes effect. Continued use after the effective date is acceptance. Changes to the DPA, the sub-processor list and the Privacy Policy follow the notice rules in those documents.

24. Governing law and courts

24.1. These Terms and any dispute arising out of or in connection with them are governed by the law of Romania, without regard to its conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

24.2. The parties first try to settle a dispute amicably within thirty days of notice. Failing that, the courts of Bucharest, Romania have exclusive jurisdiction. Either party may seek interim relief in any competent court.

25. Miscellaneous

25.1. Entire agreement and precedence. These Terms, the DPA, the pricing page, the Sub-processor register and any signed order form are the entire agreement. In a conflict: the order form, then the DPA for personal data, then these Terms, then the pricing page and Dashboard help text.

25.2. Notices. Callper notifies the Customer by email to the Account owner and in the Dashboard. The Customer notifies Callper at office@callper.ai. Email notice is effective on the business day it is sent.

25.3. Assignment. The Customer may not assign these Terms without Callper's written consent. Callper may assign them to an affiliate or a successor of its business, with notice.

25.4. Force majeure. Neither party is liable for a failure caused by events beyond its reasonable control, including failures of public telephone networks, power or internet infrastructure, or a Provider's outage, provided it takes reasonable steps to mitigate. Failure to pay is not excused.

25.5. Severability and waiver. An invalid clause is replaced by the closest valid one and the rest stands. A right not exercised is not waived.

25.6. Language and relationship. These Terms are written in English; translations are for convenience and the English text prevails. Nothing creates a partnership, agency or joint venture, and the Customer alone is responsible to its Callers.