Terms of Service
Welcome to CallShift.ai, a service provided by CallShift SAS. (“Company”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your use of our website located at www.callshift.ai and app.callshift.ai (the “Site”) and our services (collectively, the “Service”).
By accessing or using our Service, you (the "Customer"), agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.
Note to Enterprise Customers: If you have entered into a separate written agreement with CallShift (such as a Specific Terms of Service, Master Services Agreement or Enterprise Order Form) regarding your use of the Service, the terms of that separate agreement shall control and supersede these Terms in the event of any conflict. For all other users, these Terms govern your access to and use of our Service.
1. Accounts and Registration
1.1 Account Creation
To access certain features of our Service, you must create an account. You agree to provide accurate and complete information during the registration process and to keep this information up-to-date.
1.2 Account Responsibilities
You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
2. Use of the Service
2.1 License
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Service for your internal business purposes.
2.2 Prohibited Uses & Restrictions
You agree not to do any of the following:
(a) Illegal Purposes: Use the Service for any illegal purpose, including but not limited to fraud, harassment, or violation of privacy laws;
(b) Technical Restrictions: Reverse engineer, decompile, disassemble, or attempt to extract the source code or underlying algorithms of our software;
(c) Competitive Use: Use the Service to build a competitive product or service, or to benchmark the Service’s performance for competitive analysis;
(d) Safety & Critical Services: Use the Service for activities where failure could lead to death, personal injury, or environmental damage, including explicitly calling emergency services (e.g., 112, 911);
(e) Impersonation & Consent: Use the Service to simulate the voice of a third party without their explicit written consent, or to generate content intended to mislead others regarding the AI nature of the interaction.
2.3 Compliance with Recording Laws
You acknowledge that the Service may record or transcribe conversations. You agree that you are solely responsible for providing all necessary notices to, and obtaining all necessary consents from, call participants as required by applicable laws (including GDPR and wiretapping laws) prior to using the Service.
3. User Content
3.1 Responsibility
You are solely responsible for any content you submit through the Service (“User Content”). You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not violate any third-party rights.
3.2 License
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content for the purpose of operating the Service.
4. Intellectual Property
All intellectual property rights in the Service are owned by us or our licensors. Nothing in these Terms grants you any rights to such intellectual property, except as expressly set forth herein.
5. Payments and Refunds
5.1 Fees
Some features of the Service may require payment. Fees for publicly available packages are listed at https://www.callshift.ai/pricing and may be updated from time to time. Unless otherwise agreed in writing, the prices shown on that page constitute the default applicable fees. Any changes to publicly available package pricing will take effect immediately upon posting, and your continued use of the Service after such changes constitutes your acceptance of the updated pricing.
If you have a separate written agreement or custom package with CallShift, the fees specified in that agreement will apply unless otherwise modified in writing.
5.2 Refunds
All fees are non-refundable except as required by law.
5.3 Definition of “Billable Duration”
“Billable Duration” means the actual processing time performed by the AI voice agent during a call, measured in one-second increments with no minute-level thresholds or rounding, starting when the AI agent takes charge of the call and ending when the interaction is closed (either the call ends or a transfer is successfully completed). Charges for Billable Duration apply at the per-second rates set out on the Pricing page or in the applicable order form or written agreement.
6. Data Protection and Privacy
6.1 Privacy Policy
You acknowledge and agree that your use of the Service is governed by our Privacy Policy (available at https://www.callshift.ai/privacy-policy), which explains how we collect, use, and protect Personal Data used to manage your account and authentication (e.g., login credentials, billing info).
6.2 Processing of Customer Data
To the extent CallShift processes voice data, transcripts, or other content on your behalf ("Customer Data") to provide the Service: (a) Role of Parties: You act as the "Data Controller" and CallShift acts as the "Data Processor"; (b) Security: We shall maintain appropriate technical and organizational security measures to protect Customer Data as described in our Privacy Policy; (c) Data Processing Agreement (DPA): If you are subject to the GDPR, CCPA, or similar data protection laws requiring a specific contract for data processing, it is your sole responsibility to request our Data Processing Agreement ("DPA") by contacting dpo@callshift.ai. Upon execution by both parties, the DPA shall form a part of this Agreement and take precedence over any conflicting terms regarding data processing.
7. Marketing Communications and Customer References
Unless otherwise objected to in writing, the Customer authorizes the Company to use its name, trade name, and logo to identify the Customer as a client of the Company in marketing materials, presentations, case studies, and other promotional content.
The Customer may request at any time the modification or removal of such references by written notice to contact@callshift.ai. The Company will comply within a reasonable timeframe.
Such use is based on the Company’s legitimate interest in promoting its Services, while respecting the Customer’s right to object at any time.
8. Disclaimers and Limitation of Liability
8.1 Disclaimers
(a) General Disclaimer
The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by law, We disclaim all warranties of any kind, whether express or implied, including the warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement.
(b) Specific AI & Voice Risks
Customer acknowledges and agrees that:
(i) No Emergency Services: The Service is not a replacement for traditional telephone services and does not support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of emergency services (e.g., 911, 112). CallShift is not liable for any inability to access such services.
(ii) AI & Hallucinations: The Service utilizes artificial intelligence and machine learning technologies that are probabilistic in nature. CallShift does not warrant that the outputs generated by the Service (including transcriptions, responses, or voice synthesis) will be accurate, complete, or free from errors ("hallucinations"). Customer is solely responsible for verifying any AI-generated content before relying on it.
(iii) Compliance: Customer is solely responsible for ensuring its use of the Service (including recording and call monitoring features) complies with all applicable laws, including wiretapping laws and regulations requiring consent from call participants.
8.2 Limitation of Liability
To the maximum extent permitted by applicable law, CallShift, its affiliates, directors, employees, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, goodwill, or data, arising out of or related to your use of the service, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not CallShift has been advised of the possibility of such damages.
8.3 Monetary Cap
In no event shall the aggregate liability of CallShift for all claims relating to the service exceed the greater of (a) the total amount paid by you to CallShift for the service in the twelve (12) months immediately preceding the event giving rise to the liability, or (b) one hundred euros (€100) if no such payments have been made.
8.4 Scope and Jurisdictional Specifics
The limitations in this Section 8 apply strictly to CallShift’s liability. They do not limit Customer’s payment obligations or liability for infringement of CallShift’s IP. For Customers subject to French Law: The limitations of liability set forth in this Agreement shall not apply in cases of (i) bodily injury, (ii) fraud or willful misconduct ("dol"), or (iii) gross negligence ("faute lourde") by CallShift.
9. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from your use of the Service or your violation of these Terms.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles.
10.2 Dispute Resolution
Any disputes arising out of or in connection with these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the Tribunal de Commerce de Paris. The arbitration shall take place in Paris, France, and the arbitration shall be conducted in English or French.
10.3 Order of Precedence
In the event of any conflict or inconsistency between these Terms and any other separate written agreement (e.g., a Specific Terms of Service, Master Services Agreement or Custom Order Form) signed by authorized representatives of both parties, the terms of the separate written agreement shall prevail.
11. Changes to the Terms
We may modify these Terms at any time by posting a revised version at https://www.callshift.ai/terms-of-service. All modifications are effective immediately upon posting, and your continued use of the Service after any such changes constitutes your acceptance of the revised Terms.
12. Contact Information
If you have any questions about these Terms, please contact us at:
CallShift SAS
19 rue bobillot, 75013 Paris, FRANCE
contact@callshift.ai