Terms of Service

By creating an account, signing an order form, accessing the Platform, paying any fee, or otherwise using the Service (collectively, "using" the Service), you ("you", "Customer") agree to be bound by these Terms. If you do not agree, you must not use the Service.

The Service is offered to businesses only and is not intended for consumer use.

If you are an individual sole trader or natural person who qualifies as a consumer under mandatory law, the mandatory consumer-protection rules of your jurisdiction will apply to the minimum extent required and prevail over conflicting provisions of these Terms; otherwise these Terms apply in full.

These Terms apply globally. Where mandatory local law provides additional protections (e.g., GDPR for EU customers, CPRA for California, LGPD for Brazil), we honor those protections to the minimum extent required by law.

• "Operator", "we": CallBotAgent, Inc., the Delaware corporation operating the Platform globally (Section 27).
• "EU Representative": the Operator's designated representative in the European Union under Article 27 GDPR. Identity and contact details are published in the Legal Notice.
• "Platform" / "Service": the CallBotAgent.ai voice-AI software-as-a-service.
• "Customer": the legal entity (or sole trader, where applicable) that has registered an account or otherwise contracted for the Service.
• "Authorized User": each individual whom Customer authorises to use the Platform.
• "End-Customer": any natural person whom the Platform calls on Customer's behalf — typically a consumer who placed an order in Customer's e-commerce store.
• "Call": any voice interaction (inbound or outbound) initiated by or routed through the Platform.
• "AI Outputs": any text, classification, decision, summary, transcript, or recommendation generated by the Platform.
• "Credits": the per-second usage units consumed when the Platform processes Calls.
• "Plan": a paid subscription tier (Starter, Growth, Scale, Enterprise).
• "Trial": the time-limited evaluation period (Section 6).
• "Customer Data" / "Customer Personal Data": data submitted to or generated by the Platform on Customer's behalf.
• "Sub-processor": any third party engaged by the Operator to process Customer Personal Data (see DPA + Sub-Processors List).
• "Data Protection Laws": GDPR, UK GDPR, CCPA/CPRA, and any other applicable data-protection law.
• "DPA": the Data Processing Addendum incorporated by reference.
• "AUP": the Acceptable Use Policy incorporated by reference.
• "SLA": the Service Level Agreement applicable to your Plan.
• "Order Form": any written or electronic ordering document.

3.1 Eligibility

• At least 18 (or legal age of majority);
• Using the Service in the course of a business, trade, or profession;
• Not in or a citizen/resident of a Sanctioned Jurisdiction (Section 16);
• Not on any restricted-party list;
• Legally permitted to make automated outbound calls in each market in which you operate.

3.2 Account creation

You must register with accurate, current information. You are responsible for safeguarding credentials and for all activity under your account.

3.3 Authorized Users

You may grant Authorized Users access. You remain responsible for their acts and omissions.

3.4 Identity verification

We may require KYC/KYB verification for Enterprise Plans, outbound-call enablement in certain markets, or where required by law.

3.5 Permitted use

The Platform is licensed for your internal business operations. You must not (a) resell, sublicense, or lease access; (b) operate the Platform on behalf of unrelated third parties without our consent; (c) use the Platform to provide voice-agent services to third parties as your principal business model; or (d) provide call-center-as-a-service without an Order Form.

4.1 The Platform — post-transactional voice AI

The Platform is a post-transactional voice AI software-as-a-service for e-commerce merchants. It connects to Customer's store (e.g., via Shopify OAuth), receives webhooks for new orders or comparable transactional events, and places outbound voice Calls to End-Customers who have an existing transactional relationship with Customer. Intended use cases include: (a) order confirmation; (b) delivery scheduling and rescheduling; (c) abandoned-cart recovery (where the End-Customer initiated checkout); (d) inbound customer service; (e) post-purchase NPS / CSAT surveys; (f) upsell or cross-sell during a confirmation Call; (g) refund / return follow-up.

The Platform is not, and must not be used as, a cold-outbound prospecting tool, a lead-generation tool, a mass-telemarketing tool, a debt-collection tool, a political-campaign tool, or any other tool whose purpose is to initiate communications with persons who do not have an existing transactional relationship with Customer. Customer's compliance is monitored as part of the Acceptable Use Policy.

The Platform does not place trades, hold custody of payments, or take possession of Customer's goods.

4.2 Components and providers

The voice-AI engine combines best-in-class components — language models (such as GPT, Claude, Gemini), text-to-speech engines (such as ElevenLabs, Cartesia, OpenAI voices), and telephony providers (such as Twilio, Telnyx, Vonage) — orchestrated by our voice-AI provider, hosted on Google Cloud, with billing handled by Stripe. The current list of Sub-Processors is published at /sub-processors.

4.3 Industry packs

The Platform ships with industry-tuned scripts for several e-commerce verticals. Customer may customise scripts within the constraints described in Sections 8, 10, and 11. Custom verticals are available on Enterprise only.

4.4 Markets, languages, and multi-market deployments

The Service is offered globally. Specific market support, language scripts, voice options, telephony coverage, payment-method availability, and locale-specific features depend on Customer's Plan and configuration. The current set of supported markets and languages is published on the Pricing and Features pages; the Operator may add, remove, or modify any of these at any time on a prospective basis. Multi-market deployments are available on certain Plans only and require Customer to review and approve scripts in each language.

4.5 Beta features

Beta or experimental features are provided "as is" without warranties or service-level commitments and may be changed or discontinued.

4.6 No regulated services

The Platform is not a licensed financial-services provider, healthcare provider, legal advisor, or telecommunications carrier. Customer is responsible for compliance with sector-specific regulation that applies to Customer's own business.

5.1 Plans & price display

The Platform offers four Plans: Starter, Growth, Scale, and Enterprise. Plan entitlements are described on the Pricing page in effect at the time of subscription. Pricing is displayed, where the Operator supports Customer's billing country, in Customer's local currency; otherwise pricing is displayed in EUR or USD as the Operator determines. The currency of invoicing is determined at checkout and reflected on each invoice.

5.2 Credits & dynamic per-Call billing

Calls are metered in Credits, billed per second of Call processing time without rounding-up to whole minutes. Credit consumption per Call is calculated dynamically and varies materially from one Call to the next based on:

• the language model (LLM) selected;
• the text-to-speech (TTS) engine selected (premium vs. platform/standard);
• the script and context length;
• the knowledge base connected, if any;
• the add-ons enabled (PII redaction, denoising, guardrails, QA);
• the duration of the Call (per second);
• the telephony route required to reach the End-Customer.

The Operator publishes guidance on the Pricing page indicating an average Credit-to-Call ratio; that guidance is illustrative only and does not create a contractual entitlement to any specific number of Calls per Credit. Actual consumption is reflected in real time in the admin panel and on each invoice. The Operator may update per-second cost weights on prospective basis.

5.3 Rollover

Unused Credits roll over within the same Plan as published on the Pricing page. Credits do not roll over after Plan downgrade, cancellation, or termination.

5.4 Billing & auto-renewal

Subscriptions renew automatically at the end of each billing cycle (monthly or annually) at the then-current Plan price until Customer cancels under Section 7. By providing payment-method details and subscribing, Customer expressly authorises the Operator and the Operator's payment processor (Stripe Payments Europe Limited and its affiliates, "Stripe") to:

• charge Customer's selected payment method automatically at the start of each billing cycle;
• charge for usage-based fees at the end of each billing cycle;
• re-attempt failed payments using industry-standard retry logic;
• update payment-method details automatically through Stripe's account-updater service where the issuing bank participates;
• request Strong Customer Authentication (3-D Secure 2 / SCA) at checkout or renewal where required by EU PSD2, UK PSR, or equivalent law.

5.5 Taxes

Stated prices may exclude taxes. Customer is responsible for all applicable VAT, GST, sales tax, withholding tax, digital-services tax, and similar transaction taxes, unless the Operator (or Stripe acting as merchant of record) is required by law to collect them. For B2B customers in the EU with a validated VAT identification number, the reverse-charge mechanism may apply.

5.6 Currency

Customer's invoicing currency is determined at checkout based on Customer's billing country and the supported currencies. Where Customer's local currency is not supported, Customer is billed in EUR or USD. Currency conversion, where applicable, is performed by Stripe or the issuing bank at then-current rates.

5.7 Late payment

If a charge fails, we may retry the payment, suspend the Service, or terminate. We may apply a late-payment fee equal to the lower of 1.5% per month or the maximum permitted by applicable law on amounts past due more than 30 days.

5.8 Price changes

We may change Plan pricing at any time. Changes take effect at the next renewal with at least 30 days' notice.

5.9 No refunds

Except as required by mandatory law, all fees are non-refundable, including for partial periods, downgrades, or unused Credits.

5.10 Payment processor; PCI scope; SCA

The Operator uses Stripe as its payment processor and (in supported jurisdictions) as merchant of record. Card details are collected and processed directly by Stripe through tokenisation; the Operator does not store, transmit, or have access to full primary account numbers (PAN) within the meaning of PCI DSS. Stripe is independently certified PCI DSS Level 1. EU/UK card payments are subject to Strong Customer Authentication under PSD2.

5.11 Disputes, chargebacks & recovery

If Customer disputes any charge, Customer must first contact the Operator at [email protected] within thirty (30) days. If Customer initiates a chargeback without first contacting the Operator and the chargeback is found invalid, the Operator may suspend the Service, charge a chargeback-handling fee, recover the disputed amount through collections or court action, and report to fraud-prevention databases.

5.12 Fraud screening, AML & sanctions checks

The Operator and Stripe may screen Customer's payment-method details, billing details, beneficial-ownership data, and Service-usage patterns for fraud, money-laundering, and sanctions risks. The Operator may decline a transaction, request additional verification, restrict functionality, or suspend or terminate the Subscription.

6.1 Trial period

We may offer a 7-day Trial. Trial entitlements include 1,000 starter Credits and full functional access to the Plan you select at sign-up.

6.2 Card-first activation

Activation requires a valid payment method. We do not charge during the Trial. The Trial converts automatically to the paid Plan on day 8 (00:00 UTC) unless you cancel before that time.

6.3 Pre-conversion notice

We send an email reminder before conversion summarising the Plan and first invoice amount.

6.4 Day-8 charge

On day 8 we charge the first month's subscription fee.

6.5 No "free forever"

The Service does not offer a free-forever tier. The Trial is the only no-charge access mechanism and is time-limited.

7.1 Cancellation by Customer

You may cancel at any time from the admin panel. Cancellation is effective at the end of the then-current billing cycle.

7.2 Effect of cancellation

Upon cancellation we cease automated billing on the renewal date. Data retention follows the DPA.

7.3 Refunds

Subject to Section 5.9 and any mandatory law right of withdrawal, all paid fees are non-refundable.

7.4 Cancellation by us

We may terminate per Section 17.

8.1 Customer is the data controller

For all Calls placed via the Platform on Customer's behalf, Customer is the data controller of any End-Customer personal data; the Operator is the data processor under the DPA.

8.2 Recording consent

Customer warrants that, before any recording or transcription is created, Customer has obtained all consents and provided all notices required by applicable law in each market — including (by way of example only) the GDPR and the EU ePrivacy Directive 2002/58/EC and Member-State implementations, the United Kingdom Privacy and Electronic Communications Regulations, the United States Telephone Consumer Protection Act and applicable two-party-consent state laws, the Canadian Anti-Spam Legislation, and equivalent laws in any other applicable jurisdiction.

8.3 Lawful basis for outbound Calls

Customer warrants that it has a lawful basis under applicable law for placing each outbound Call.

8.4 Script approval

Customer is responsible for the content of every script, including default industry-pack scripts.

8.5 Catalog accuracy

Customer is responsible for the accuracy of the product catalog, prices, availability, and regulatory disclaimers.

8.6 End-Customer notices

Customer must maintain its own privacy notice covering the processing of End-Customer personal data.

8.7 Customer's exclusive liability for End-Customer claims

Customer is solely and exclusively liable for any claim, demand, allegation, complaint, regulatory inquiry, or proceeding that an End-Customer, regulator, or any third party may bring arising out of or in connection with a Call placed via the Platform on Customer's behalf, including any claim alleging: unsolicited communication or contacting a person without a lawful basis or required consent; unlawful recording or interception; lack of consent or notice; harassment; false or deceptive content; misrepresentation; violation of consumer-protection, telemarketing, or telecommunications law; violation of Data Protection Laws; or violation of any sector-specific regulation. Customer shall defend, indemnify, and hold harmless the Operator from any such claim under Section 21.2.

The Acceptable Use Policy is incorporated by reference. Customer must not, and must not permit any third party to:

• Use the Service for cold-outbound prospecting, lead generation directed at non-customers, mass-marketing campaigns, debt collection without consent, political robocalling, deepfakes, impersonation of authorities, scams, or fraud;
• Place Calls to numbers on a do-not-call list, opt-out registry, or revoked-consent list;
• Place Calls to End-Customers in any Sanctioned Jurisdiction;
• Reverse engineer, decompile, scrape, or harvest data;
• Probe or attempt to bypass authentication, rate limits, or security;
• Use the Service to train or evaluate any third-party AI model.

10.1 AI is a sales tool, not an advisor

The voice-AI engine is a sales-and-operations tool. It is not a financial advisor, medical professional, lawyer, accountant, or licensed counsellor. AI Outputs do not constitute professional advice and must not be relied upon as such by End-Customers.

10.2 Hallucinations

Large language models can produce inaccurate, incomplete, outdated, or fabricated content ("hallucinations"). Customer accepts that AI Outputs may contain errors and is responsible for monitoring quality.

10.3 Approved scripts only

The AI must be configured to operate within scripts that Customer has reviewed and approved.

10.4 No autonomous decisions with legal effect

The Platform does not make autonomous decisions with legal or similarly significant effects on the End-Customer (Article 22 GDPR).

10.5 Mandatory AI disclosure to End-Customers

Customer acknowledges that, in many jurisdictions, applicable law requires the AI agent to disclose its non-human nature at the commencement of each Call. This includes Article 50 of the EU AI Act (Regulation (EU) 2024/1689); the California Bolstering Online Transparency (B.O.T.) Act; New York City Local Law 144; the Utah AI Policy Act; and equivalents.

Every AI agent configured via the Platform shall disclose its non-human nature using a phrase substantially in the form: "I am [agent name], an AI assistant calling on behalf of [Customer's brand name]". Customer is responsible for reviewing and approving the wording in each market. Disabling the AI-disclosure announcement is a material breach and may result in immediate suspension under Section 17.3.

11.1 No medical advice

If Customer operates in the Health & Wellness vertical, Customer must configure the Platform such that the AI does not provide medical advice, dosage instructions, diagnosis, or interaction warnings.

11.2 Customer is the regulated party

The Operator is not a healthcare entity, pharmacy, or regulated advertiser. Customer is the regulated party and warrants compliance with applicable health, food, supplement, and consumer-protection regulation.

11.3 No regulated services in the AI Outputs

The Platform must not be used to provide regulated services (medical advice, prescription, financial advice, legal advice, debt counselling) in any AI Output.

11.4 Sanctioned advertising

Customer must not use the Platform to advertise or sell products that are prohibited or restricted in the End-Customer's jurisdiction.

12.1 DPA

The Data Processing Addendum is incorporated by reference and applies whenever Operator processes Customer Personal Data. The DPA includes (a) Standard Contractual Clauses (Modules 2 and 3); (b) the Sub-Processors annex; (c) the TOMs annex; (d) Article 28 audit-and-assistance commitments.

12.2 Operator's role

For Customer Personal Data processed in the course of providing the Service, Operator acts as processor. For data Operator collects from Customer for its own purposes (account, billing, marketing communications), Operator acts as controller.

12.3 Sub-processor changes

Operator gives at least 30 days' prior notice of any change in Sub-Processors by updating the Sub-Processors List.

12.4 International transfers

Where personal data is transferred from the EU/EEA, UK, or Switzerland to a country that has not been recognised as adequate, Operator relies on the Standard Contractual Clauses and any required addenda.

12.5 No model training on Customer Data

Operator does not use Customer Personal Data, recordings, or transcripts to train, fine-tune, or evaluate any AI model — neither Operator's own models nor those of any Sub-Processor.

13.1 Operator's IP

The Operator retains all right, title, and interest in the Platform, AI Outputs (other than as licensed below), documentation, brand, trade marks, analytics models, and any improvements.

13.2 License to Customer

Subject to these Terms and timely payment, Operator grants Customer a worldwide, non-exclusive, non-transferable, revocable license to access and use the Platform during the subscription term for Customer's internal business operations.

13.3 AI Output license

Operator grants Customer a worldwide, perpetual, non-exclusive, royalty-free license to use the AI Outputs in the course of Customer's business.

13.4 Restrictions

Customer must not (a) reverse engineer; (b) use the Platform to develop a competing product; (c) remove proprietary notices; (d) benchmark without consent.

13.5 Aggregated and de-identified data

Operator may compute aggregate and de-identified statistics derived from Customer's use of the Platform.

13.6 Feedback

Customer grants Operator a worldwide, perpetual, irrevocable, royalty-free license to use feedback in product development.

Customer retains all right, title, and interest in Customer Content. Customer grants Operator a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Content solely as required to provide the Service. The license terminates on termination of the subscription, subject to a 30-day grace period for export and the retention provisions of the DPA.

"Confidential Information" means non-public information disclosed by one party to the other in connection with the Service. Each party will (i) use Confidential Information only as needed; (ii) protect it with reasonable care; (iii) limit disclosure to those of its personnel and advisors with a need to know who are bound by confidentiality obligations no less protective than these. Survives termination for three (3) years; indefinitely for trade secrets.

16.1 Sanctioned Jurisdictions

"Sanctioned Jurisdiction" means any country or region subject to comprehensive sanctions by the United States, the European Union, the United Kingdom, or the United Nations Security Council (currently Cuba, Iran, North Korea, Syria, Crimea / Donetsk and Luhansk, Russian Federation, subject to applicable exceptions).

16.2 Restricted parties

Customer warrants that neither Customer nor any Authorized User, beneficial owner, or affiliate is on any restricted-party or denied-party list.

16.3 No circumvention

Customer must not use VPN, proxy, false documentation, or straw entities to circumvent restrictions.

16.4 Export

The Service may be subject to export-control laws.

17.1 For convenience

Either party may terminate at the end of the then-current billing cycle.

17.2 For cause

Either party may terminate immediately upon 30 days' uncured material breach (10 days for non-payment).

17.3 Immediate suspension by Operator

Operator may suspend the Service immediately upon notice if (a) Customer is in material breach (including AUP); (b) Customer poses a security, fraud, or sanctions risk; (c) suspension is required by law; or (d) continued operation would risk Operator's ability to comply with Data Protection Laws.

17.4 Effects of termination

Upon termination, all licenses terminate; Customer ceases use; Customer pays accrued fees; Operator provides export of Customer Personal Data within 30 days; residual data deleted or anonymised per the DPA.

The Service Level Agreement is incorporated by reference and applies to the Service in production. Starter is best-effort; Growth, Scale, and Enterprise include uptime targets and service-credit remedies.

19.1 Mutual warranties

Each party warrants legal authority, non-conflict, and lawful performance.

19.2 Operator warranties

Operator warrants that the Service will perform in all material respects as described in the documentation. Customer's exclusive remedy for breach is correction efforts; if uncorrectable, termination for material breach with pro-rata refund.

19.3 Customer warranties

Customer warrants the right to use submitted data, all required consents and notices, and lawful use of the Platform.

19.4 Disclaimer of all other warranties

19.5 No reliance on extra-contractual statements

Customer represents that, in entering these Terms, it has not relied on any representation, warranty, statement, projection, illustration, demonstration, marketing material, screenshot, social-media post, sales-call statement, or other communication other than as expressly set out in these Terms, the Order Form, and the public Pricing page in effect at the time of subscription. To the maximum extent permitted by applicable law, Customer waives any claim based on pre-contractual representations not so reduced to writing.

19.6 Survival of disclaimers

The disclaimers and limitations in Sections 19.2, 19.4, and 19.5, together with the limitations in Section 20, survive termination, expiration, or rescission of these Terms.

20.1 Cap on liability

20.2 No indirect damages

20.3 Carve-outs

The caps in 20.1 and 20.2 do not apply to (a) Customer's payment obligations under Section 5; (b) indemnity obligations under Section 21; (c) breaches of confidentiality under Section 15 caused by gross negligence or wilful misconduct; (d) liability that cannot be excluded under mandatory law.

20.4 Allocation of risk

20.5 Reformation; broadest enforceable scope

If any limitation, disclaimer, exclusion, cap, waiver, or other risk-allocation provision is held unenforceable, it shall be reformed to the broadest scope permitted by applicable law that preserves the original intent of the parties to allocate risk in favor of the Operator.

21.1 Operator indemnity (IP)

Operator will defend Customer against any third-party claim alleging that Customer's authorised use of the Service infringes a patent, copyright, trade mark, or trade secret, and will indemnify damages finally awarded.

21.2 Customer indemnity

Customer will defend Operator against any third-party claim arising out of (a) Customer Content; (b) Customer's use of the Service in violation of these Terms (including AUP), Data Protection Laws, consumer-protection laws, or sector-specific laws; (c) the lack of any consent or notice required for Calls.

21.3 Sole and exclusive remedy

The indemnities in Section 21 are the sole and exclusive remedy of the parties for the matters covered.

21.4 Equitable relief without bond

Customer acknowledges that any actual or threatened breach of Section 13 (IP), Section 14 (Customer Content), or Section 15 (Confidentiality) would cause irreparable harm. The Operator is entitled to injunctive, declaratory, and other equitable relief without the requirement of posting bond, in addition to any other remedies.

Operator will maintain commercial general liability, professional indemnity / errors-and-omissions, and cyber-liability insurance with limits proportionate to the size and risk of the Service. Coverage status is documented in the Operator's internal compliance records.

Neither party will be liable for any failure or delay (other than payment of fees) caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, pandemic, internet or telecommunications outages, denial-of-service attacks, embargoes, and labour disputes. If a Force Majeure Event continues for more than 60 days, either party may terminate without liability.

24.1 Contracting entity

The contracting entity for each Customer is determined by Customer's billing country. For Customers in the EU/EEA, UK, and Switzerland, the contracting entity is the US Operator with the EU Representative as the Article 27 GDPR contact; mandatory consumer-protection and data-protection rules of Customer's habitual residence apply to the minimum extent required.

24.2 Governing law (non-EU Customers)

For Customers contracting under the US Operator and located outside the EU/EEA, UK, and Switzerland, these Terms are governed by the laws of the State of Delaware, USA.

24.3 Governing law (EU Customers)

For Customers in the EU/EEA, UK, and Switzerland, these Terms are governed by the laws of Delaware, USA, except that mandatory provisions of the Data Protection Laws and mandatory consumer-protection rules of Customer's habitual residence prevail.

24.4 Informal resolution

Before commencing any formal proceeding, the parties will attempt resolution through good-faith negotiation for at least 30 days following written notice.

24.5 Venue

• Non-EU Customers: federal and state courts in Wilmington, Delaware, USA — exclusive jurisdiction.
• EU Customers: courts of Warsaw, Poland — non-exclusive jurisdiction; mandatory consumer-protection rules of Customer's domicile prevail.
• Enterprise Order Forms: may agree alternative governing law and venue.

24.6 Mandatory binding arbitration (US Customers)

For Customers outside the United States, the parties may, by mutual written agreement at the time of dispute, refer a dispute to binding arbitration before the Court of Arbitration at the Polish Chamber of Commerce in Warsaw; absent mutual agreement, Section 24.5 governs.

24.7 Class action, mass-arbitration, and representative-action waiver

24.8 Limitation period for claims

To the maximum extent permitted by applicable law, any claim or cause of action arising out of these Terms must be filed by Customer within twelve (12) months after the event giving rise to the claim first occurred or reasonably should have been discovered; otherwise it is permanently waived.

Operator may change these Terms from time to time. For material changes, at least 30 days' notice by email and in-app, with updated "Last Updated" date. The change takes effect at the next renewal of Customer's subscription unless otherwise stated. Continued use after the effective date constitutes acceptance.

26.1 Entire agreement

These Terms (together with the DPA, AUP, SLA, Cookies Policy, Privacy Policy, Sub-Processors List, and any Order Form) constitute the entire agreement.

26.2 Severability

If any provision is unenforceable, the remaining provisions remain in full force and the unenforceable provision will be modified to the minimum extent necessary while preserving original intent.

26.3 Waiver

Failure to enforce any provision is not a waiver.

26.4 Assignment

Customer may not assign without Operator's prior written consent. Operator may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.

26.5 Notices

Notices to Customer via account email or in-app. Notices to the Operator: [email protected].

26.6 Independent contractors

The parties are independent contractors. No employment, partnership, or agency relationship.

26.7 No third-party beneficiaries

These Terms do not create any third-party beneficiary right.

26.8 Order of precedence

(i) Order Form prevails on its matters; (ii) DPA prevails on data-protection matters; (iii) otherwise these Terms govern.

26.9 No oral modifications

Any amendment must be in writing and signed by an authorised representative.

26.10 Language

These Terms are concluded in English. A non-English translation is for convenience only; in case of discrepancy the English version prevails.

26.11 Costs and attorneys' fees (prevailing-party)

To the maximum extent permitted by applicable law, in any action, arbitration, or proceeding brought to enforce, defend, or interpret these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees, expert-witness fees, arbitration-administration fees, and costs from the non-prevailing party.

26.12 Construction; no presumption against drafter

These Terms have been negotiated at arm's length. Any rule of construction that ambiguities are to be resolved against the drafting party is expressly waived.

Customer contracts directly with the US Operator regardless of Customer's location. The EU Representative is the Operator's designated point of contact for GDPR matters and is not a party to these Terms.

• General questions: [email protected]
• Legal: [email protected]
• Data protection / GDPR: [email protected] (EU representative: [email protected])
• Security incident: [email protected]
• Abuse / AUP violation: [email protected]