Welcome to CallShift.ai, a service operated by CallShift SAS, a French société par actions simplifiée registered with the RCS of Paris under number 928 193 184, whose registered office is at 19 rue Bobillot, 75013 Paris, France ("CallShift", "Company", "we", "us", or "our").

These Terms of Service (the "Terms") govern your access to and use of our website at www.callshift.ai, our application at app.callshift.ai, our API at api.callshift.ai (together, the "Site") and our voice AI orchestration services (collectively, the "Service").

By creating an account, clicking "I accept", purchasing a Plan or Credits, or otherwise accessing or using the Service, you (the "Customer", "you", "your") agree to be bound by these Terms. If you do not agree, do not access or use the Service.

Authority. If you accept these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" refers to that entity.

Professional use only. The Service is offered exclusively to professionals acting for purposes relating to their trade, business, craft or profession, within the meaning of the French Code de la consommation. By accepting these Terms you represent that you are not a consumer and that you are not entering into this agreement for personal, family or household purposes. The Service is not offered to consumers and consumer protection rules, including the right of withdrawal under articles L. 221-18 et seq. of the Code de la consommation, do not apply.

Note to Enterprise Customers. If you have entered into a separate written agreement with CallShift (Specific Terms of Service, Master Services Agreement, Enterprise Order Form), that agreement controls and supersedes these Terms in the event of conflict. For all other users, these Terms govern.

1. Definitions

"Billable Duration" has the meaning given in Section 7.5.

"Credits" means the prepaid monetary balance purchased by you and held in your account, used to pay for Usage beyond your Plan Minutes and for services billed per unit, including SMS.

"Customer Data" means all data, audio, transcripts, prompts, contact lists, knowledge bases and other content that you or your end users submit to, or that is generated through, the Service on your behalf.

"Plan" means a subscription package listed at https://www.callshift.ai/pricing or set out in an Order Form.

"Plan Minutes" means the AI voice agent minutes included in your Plan for a given Subscription Period.

"Usage" means your consumption of the Service, including Billable Duration, SMS units, telephone number rental, concurrent line capacity and any other metered item listed on the Pricing page or in an Order Form.

"Subscription Period" means the recurring billing period of your Plan (monthly or annual, as selected at checkout).

2. Accounts and Registration

2.1 Account Creation

To access the Service you must create an account and provide accurate, complete and current registration and billing information, including a valid VAT identification number where applicable. You agree to keep this information up to date.

2.2 Account Security

You are responsible for maintaining the confidentiality of your credentials, API keys and access tokens, and for all activity occurring under your account, whether or not authorised by you. You must notify us without undue delay at contact@callshift.ai of any suspected unauthorised access.

2.3 Consumption from a Compromised Account

Because the Service consumes Plan Minutes and Credits in real time, you acknowledge that Usage generated through your account, including Usage resulting from compromised credentials, leaked API keys, misconfigured automations or unauthorised third-party access, is chargeable to you. We may, but are not obliged to, apply anomaly detection and suspend traffic that appears fraudulent. Where you notify us promptly and the facts support it, we may at our discretion issue a goodwill Credit adjustment, which is not an admission of liability.

2.4 Verification

We may require reasonable identity, business and telephony verification (KYC) before activating, expanding or continuing your access, in particular for outbound calling capacity and telephone number provisioning. We may decline or revoke access where verification is not satisfied.

3. Access and Licence

3.1 Licence

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your internal business purposes for the duration of your Plan.

3.2 Restrictions

You agree not to, and not to permit any third party to:

(a) Illegal purposes: Use the Service for any unlawful purpose, including fraud, harassment, defamation, deceptive practices or violation of privacy, telecommunications or consumer protection laws;

(b) Technical restrictions: Reverse engineer, decompile, disassemble, or attempt to extract the source code, model weights, prompts or underlying algorithms of the Service, except to the extent such restriction is prohibited by article L. 122-6-1 of the Code de la propriété intellectuelle;

(c) Competitive use: Use the Service, its outputs or its documentation to build, train or improve a competing product or service, or to benchmark or publish performance comparisons without our prior written consent;

(d) Safety-critical and emergency use: Use the Service in any context where failure could result in death, personal injury or environmental damage, or to place, route, receive or handle emergency calls (112, 911, 15, 17, 18, 114 or any equivalent). The Service is not a substitute for a traditional telephony service and does not support emergency calling;

(e) Impersonation and voice cloning: Use the Service to clone, simulate or synthesise the voice of an identifiable person without that person's documented, express prior consent, or to mislead a call participant as to the identity of the caller;

(f) Concealment of AI: Configure or operate an agent so as to deny, obscure or misrepresent its artificial nature when a participant asks or when disclosure is required by law (see Annex 1);

(g) Resale of raw capacity: Resell, sublicense or expose the Service as a standalone voice API or minutes wholesaler, or as a substitute for or intermediary layer over the Service, without a written reseller or partner agreement. Building your own product on top of the Service for your own customers is permitted where you remain the contracting party and remain responsible for their compliance;

(h) Extraction: Scrape, crawl or use automated means to extract voice samples, model outputs, data or content from the Service beyond the documented API;

(i) Integrity: Circumvent usage limits, rate limits, concurrency limits or billing controls, or take any action that degrades the integrity or availability of the Service or of any upstream carrier, model or infrastructure provider.

3.3 Prohibited Data

You will not submit to the Service any data subject to heightened legal or contractual security requirements, including cardholder data within the meaning of PCI DSS, biometric identifiers used for identification purposes, and special categories of personal data within the meaning of article 9 GDPR (health, biometric, genetic, racial or ethnic origin, political opinions, religious beliefs, trade union membership, sex life or sexual orientation) or data relating to criminal convictions and offences under article 10 GDPR, unless expressly authorised in writing by CallShift and covered by an executed Data Processing Agreement and, where applicable, sector-specific arrangements (for example HDS hosting for French health data). Where such authorisation is given, the specific terms of that written arrangement control.

3.4 Enforcement

We have the right, but not the obligation, to monitor, investigate and act on any actual, attempted or suspected breach of this Section 3 or of Annex 1, including by suspending or terminating the Service under Section 11 and by reporting suspected criminal offences to the competent authorities.

4. Recording, Transcription and Participant Rights

4.1 Notices and Consents

The Service records, transcribes and analyses conversations. You are solely responsible for providing all notices to, and obtaining all consents from, call participants required by applicable law before using the Service, including under the GDPR, the ePrivacy rules, article 226-1 of the French Code pénal and equivalent anti-wiretapping laws in other jurisdictions.

4.2 AI Transparency

You are responsible for configuring your agents so that participants are informed that they are interacting with an artificial intelligence system, in accordance with Article 50 of Regulation (EU) 2024/1689 (the "AI Act") and any equivalent national rule. CallShift provides the technical means to deliver this disclosure. You determine whether and how it is delivered, and you act as the "deployer" of the AI system within the meaning of the AI Act. Annex 1 sets out further detail.

4.3 Participant Rights

You are responsible for handling requests from call participants exercising their rights (access, erasure, objection, opt-out from prospecting), including by maintaining suppression lists and configuring your agents to recognise and act on such requests during a call.

5. Customer Data, Content and Intellectual Property

5.1 Ownership of Customer Data

As between the parties, you retain all right, title and interest in Customer Data. You represent and warrant that you hold all rights necessary to submit Customer Data to the Service and that it does not infringe any third-party right.

5.2 Licence to Operate the Service

You grant CallShift a worldwide, non-exclusive, royalty-free licence to host, store, process, reproduce, transmit, display and adapt Customer Data solely to the extent necessary to provide, secure, support and bill the Service.

5.3 Aggregated and De-identified Data

CallShift may generate and use aggregated, de-identified statistics and technical metrics derived from operation of the Service (for example latency distributions, error rates, transfer rates, model performance benchmarks) to operate, secure, improve and develop the Service, provided such data does not identify you, your users, your end customers or any call participant, and is never disclosed in a form attributable to you.

5.4 No Model Training on Your Content by Default

CallShift does not use the content of your calls, transcripts or prompts to train generative models, and does not permit its model subprocessors to do so, unless you opt in in writing. Any such opt-in is separately documented and revocable.

5.5 Outputs

Subject to your payment obligations, you may use the outputs generated by the Service (voice audio, transcripts, summaries, structured call analysis) for your internal business purposes and in your own products. You acknowledge that outputs are produced by probabilistic systems, may be similar or identical to outputs generated for other customers, and may not be protectable by intellectual property rights. You assume all risk associated with your use, distribution or publication of outputs.

5.6 CallShift IP

All rights in the Service, including the platform, orchestration layer, APIs, dashboards, prompts, documentation, models developed by CallShift, trademarks and logos, remain the exclusive property of CallShift or its licensors. Nothing in these Terms transfers any such right to you.

5.7 Feedback

If you provide suggestions, feature requests or feedback, you grant CallShift a perpetual, irrevocable, worldwide, royalty-free licence to use and incorporate that feedback into the Service without obligation or compensation.

6. Third-Party Dependencies and Substitution

6.1 Composability

The Service orchestrates third-party components, including telephony carriers and SIP providers, speech-to-text engines, text-to-speech voices, large language models and integration partners. Some of these are selected by you in the interface.

6.2 Substitution

Third-party components are outside our control and may be deprecated, repriced, rate-limited or withdrawn by their providers. We may substitute a component with one of materially equivalent function, and will use reasonable efforts to notify you in advance where a substitution materially affects the behaviour of your agents. We do not warrant the continued availability of any specific model, voice, language or vendor.

6.3 Pass-through of Vendor Terms

Where you select a third-party component, you are responsible for complying with any applicable licence conditions of that component notified to you in the interface or the documentation, in particular for custom or cloned voices.

6.4 Subprocessors

A current list of subprocessors is maintained in the Data Processing Agreement referenced in Section 10.

7. Plans, Minutes, Credits and Billing

7.1 Pricing

Fees for publicly available Plans, Credit purchases, per-minute overage rates, SMS unit rates, telephone number rental, concurrency and optional modules are listed at https://www.callshift.ai/pricing. If you have a separate written agreement or Order Form, the fees in that document apply. All amounts are in euros unless otherwise stated at checkout.

7.2 Prepaid Model

The Service operates on a prepaid basis. You purchase (a) a Plan, which includes a monthly allocation of Plan Minutes, and (b) optionally, Credits, which are a prepaid balance used to pay for Usage beyond Plan Minutes and for services billed per unit such as SMS.

7.3 Order of Consumption

Usage is drawn down in the following order:

(i) Plan Minutes are consumed first, for AI voice agent Billable Duration, until exhausted for the current Subscription Period;

(ii) Credits are then consumed, at the overage rate applicable to your Plan, for any further Billable Duration, and are consumed from the first unit for services that are not covered by Plan Minutes, including SMS.

7.4 Expiry, Rollover and Refunds

(a) Plan Minutes are allocated per Subscription Period and do not roll over. Unused Plan Minutes expire at the end of the Subscription Period in which they were allocated and are not converted into Credits, refunded or carried forward.

(b) Credits remain valid for twelve (12) months from the date of purchase and expire at the end of that period. Credits are consumed on a first-purchased, first-consumed basis.

(c) Strict non-refundability. In accordance with industry standards, all Credit purchases are final. The Credit Balance is strictly non-refundable, non-transferable, and cannot be exchanged for cash, even in the event of termination of this Agreement (regardless of the cause), except as required by applicable law.

(d) Exception. By exception to paragraph (c), where CallShift terminates for convenience under Section 11.4(c), or where you terminate because you do not accept a change made unilaterally by CallShift under Section 7.14 or Section 17, CallShift will reimburse the unexpired Credit Balance purchased in the twelve (12) months preceding the effective date of termination.

(e) Promotional, trial or goodwill Credits are identified as such, may carry a shorter validity period, are consumed before purchased Credits, and are never refundable or convertible into cash.

7.5 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, being either the end of the call or the successful completion of a transfer. Time spent by a human agent after a completed transfer is not Billable Duration. Charges apply at the per-second equivalent of the rates set out on the Pricing page or in your Order Form.

7.6 Balance Exhaustion and Service Interruption

Where your Plan Minutes are exhausted and your Credit balance reaches zero, the Service will stop placing and answering calls and stop sending SMS until the balance is replenished. A call in progress at the moment the balance reaches zero may be terminated. You are solely responsible for monitoring your balance, configuring low-balance alerts and maintaining sufficient prepaid funds for your operational needs.

CallShift is not liable for missed, dropped or unanswered calls, missed SMS, lost business, breach of your own service commitments or any other consequence arising from an exhausted balance, a failed automatic top-up or a declined payment method. If you operate on-call, emergency dispatch, out-of-hours or similar critical flows, you must maintain a safety buffer and a fallback routing path that does not depend on the Service.

7.7 Automatic Top-up

You may enable automatic top-up (called also automatic recharge), by which you authorise us to charge your registered payment method a defined amount whenever your Credit balance falls below a threshold you set. You may change or disable automatic top-up in the billing interface at any time. Automatic top-up is a convenience and not a guarantee of uninterrupted service: we are not liable where a top-up fails for any reason, including insufficient funds, expired cards, issuer refusal or 3D Secure challenges.

7.8 Payment Authorisation

You authorise CallShift and its payment processors to charge your registered payment method for all Plan fees, Credit purchases, automatic top-ups and any other amounts due under these Terms, without requiring a separate signed receipt for each charge. You are responsible for keeping payment method details valid and current.

7.9 Renewal and Cancellation

Plans renew automatically for successive Subscription Periods at the then-current rate unless cancelled before the end of the current Subscription Period. To cancel, you must downgrade or cancel your Plan in the billing interface and remove all recurring items (telephone numbers, extra concurrent lines, optional modules) before the renewal date. Cancellation takes effect at the end of the current Subscription Period. Plan fees already paid are not refundable on a pro-rata basis.

7.10 Taxes

All fees are exclusive of VAT and any other applicable taxes, duties or levies, which are added at the applicable rate. Where you are established in the EU outside France and provide a valid VAT identification number, the reverse charge mechanism applies under article 44 of Directive 2006/112/EC. You are responsible for the accuracy of the VAT number and tax status you declare, and you will indemnify us for any tax, penalty or interest assessed as a result of an incorrect declaration. Where deduction or withholding is required by law, you will gross up so that we receive the full amount invoiced.

7.11 Invoicing and Disputes

Invoices and Usage records are made available in the billing interface. You must notify us in writing of any billing dispute within thirty (30) days of the invoice date, failing which the invoice is deemed accepted. Disputing part of an invoice does not suspend your obligation to pay the undisputed balance. Usage records generated by our systems constitute admissible evidence of Usage between the parties, subject to your right to demonstrate error.

7.12 Late Payment

In accordance with article L. 441-10 of the French Code de commerce, any amount unpaid on its due date automatically bears late payment interest at the European Central Bank refinancing rate in force on 1 January of the relevant half-year plus ten (10) percentage points, applied from the day following the due date, without prior notice being required. A fixed indemnity for recovery costs of forty euros (EUR 40) is also automatically due per invoice, without prejudice to our right to claim additional compensation where actual recovery costs exceed that amount.

7.13 Chargebacks

If you initiate a chargeback or payment reversal in respect of an amount properly due, we may immediately suspend the Service, invalidate the corresponding Credits, and recover the disputed amount together with any fee charged to us by the payment processor. Raising a billing dispute under Section 7.11 is the contractual route; a chargeback is not.

7.14 Price Changes

We may change publicly listed prices by publishing an updated Pricing page. A price change takes effect for you at the start of your next Subscription Period and applies only to Credits and Plan Minutes purchased after that date. Credits already purchased are consumed at the overage rate applicable to your Plan at the time the Credits are consumed, save that we will give you at least thirty (30) days' notice by email of any increase in overage rates. If you do not accept a price increase, you may terminate your Plan with effect from the date the increase takes effect, by written notice before that date, in which case Section 7.4(d) applies to your remaining Credit Balance. Rates set out in a signed Order Form are not affected during its term.

8. Service Levels and Support

8.1 Availability

We use commercially reasonable efforts to keep the Service available and to operate it in accordance with good industry practice. No uptime commitment, response time or service credit remedy is granted under these Terms. Service Level Agreements are available only under a separate signed Enterprise agreement or Order Form; where such an agreement is in force, its terms control for the scope it covers. Absent such an agreement, the disclaimers in Section 12 apply in full.

8.2 Maintenance

We may perform scheduled maintenance and will use reasonable efforts to give advance notice of maintenance likely to cause material interruption. Emergency maintenance may be performed without notice.

8.3 Support

Standard support is provided by email during French business hours. Premium Support, expert deployment assistance and other professional services are optional and priced separately as set out on the Pricing page or in an Order Form.

8.4 Beta Features

Features identified as beta, preview, alpha or experimental are provided "as is", may be modified or withdrawn at any time, and carry no warranty, service level, support commitment or indemnity.

9. Telephone Numbers and Telephony

9.1 Provisioning

Telephone numbers provisioned by CallShift are rented, not sold. You acquire no ownership right in a number. Numbers are subject to the allocation rules of the relevant national regulator and of the underlying carrier, including proof-of-use, geographic nexus and identification requirements.

9.2 Reclamation

We may reclaim a number where your Plan is terminated or suspended, where rental fees are unpaid for more than thirty (30) days, where the regulator or carrier requires it, or where the number is used in breach of Section 3 or Annex 1.

9.3 Bring Your Own Carrier

Where you connect your own Twilio account, SIP trunk or carrier, you remain the customer of that provider, you are responsible for its fees, configuration, compliance and availability, and we are not liable for its acts or omissions.

9.4 Caller Identification

You must not transmit false, misleading or spoofed calling line identification. You must only use calling numbers you are entitled to use.

10. Data Protection

10.1 Privacy Policy

Personal data we process as controller for account management, authentication, billing and marketing is governed by our Privacy Policy at https://www.callshift.ai/privacy-policy.

10.2 Roles

For Customer Data processed in the course of providing the Service, including call audio, transcripts and participant personal data, you act as controller and CallShift acts as processor within the meaning of article 4 GDPR. You are responsible for the lawfulness of the processing you instruct, including for having a valid legal basis and for the information provided to data subjects.

10.3 Data Processing Agreement

Our Data Processing Agreement ("DPA") sets out the terms on which CallShift processes Customer Data as your processor, in accordance with article 28 GDPR. The DPA is incorporated into and forms an integral part of these Terms and applies automatically to all processing of Customer Data, without any further action being required from you. A copy of the DPA is made available on request at dpo@callshift.ai, and CallShift will provide it without undue delay. Where the DPA conflicts with these Terms in relation to the processing of personal data, the DPA prevails. A countersigned copy, and any specific arrangement including standard contractual clauses for transfers outside the EEA, may also be requested at that address.

10.4 Security

We implement and maintain appropriate technical and organisational measures designed to protect Customer Data against unauthorised access, loss, alteration or disclosure, as described in the DPA. You remain responsible for the security of your own systems, credentials and integrations.

10.5 Data Retention and Export

Recording, transcript and log retention periods are configurable in the interface within the limits described in the DPA. On termination, Customer Data is deleted or returned in accordance with the DPA. You are responsible for exporting your data before termination takes effect.

11. Term, Suspension and Termination

11.1 Term

These Terms apply from your first access to the Service and continue until all Plans and accounts are terminated.

11.2 Termination by You

You may terminate by cancelling your Plan under Section 7.9 and closing your account. Termination does not entitle you to a refund of Plan fees paid or of the Credit Balance, which remains subject to Section 7.4(c).

11.3 Suspension

We may suspend all or part of the Service, in whole or in part and with immediate effect where the circumstances require:

(a) for non-payment, following notice and a grace period of seven (7) days after the due date;

(b) where the Credit balance is exhausted, as described in Section 7.6;

(c) for breach of Section 3 (Restrictions), Section 4 (Recording and transparency) or Annex 1;

(d) where your use presents a security, fraud, abuse or legal risk to CallShift, to another customer, or to a carrier, model or infrastructure provider;

(e) where required by a competent authority, a regulator or an upstream provider.

Where practicable we will give prior notice and an opportunity to cure. Suspension for cause does not suspend your payment obligations, and Plan Minutes continue to expire during suspension.

11.4 Termination by CallShift

We may terminate these Terms and your account: (a) for material breach not cured within fifteen (15) days of written notice; (b) with immediate effect for breach of Section 3.2(a), 3.2(d), 3.2(e), 3.3 or Annex 1, or where your use exposes us to regulatory or carrier sanction; (c) for convenience on sixty (60) days' written notice. During that notice period the Service remains available so that you may consume your Credit Balance and export your data. Sections 7.4(c) and 7.4(d) apply to any Credit Balance remaining at the effective date of termination.

11.5 Effect of Termination

On termination, your licence ends, access is disabled, telephone numbers are released and any remaining Credit Balance is cancelled without compensation in accordance with Section 7.4(c), subject to the exception in Section 7.4(d). We will retain Customer Data for the period specified in the DPA to allow export, after which it is deleted.

12. Disclaimers

12.1 General

To the maximum extent permitted by law, the Service is provided "as is" and "as available". We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure or error-free, or that defects will be corrected.

12.2 Probabilistic Outputs

The Service uses artificial intelligence and machine learning technologies that are probabilistic. We do not warrant that outputs, including transcriptions, understanding, responses, voice synthesis, structured extraction or post-call analysis, will be accurate, complete, appropriate or free from error or hallucination. You are solely responsible for reviewing, testing and validating agent behaviour before deployment and for verifying AI-generated content before relying on it. You must not use the Service as the sole basis for a decision producing legal effects concerning a person or similarly significantly affecting them.

12.3 No Emergency Services

The Service does not support and does not carry calls to emergency services (112, 911, 15, 17, 18, 114 or equivalents) and is not a substitute for a traditional telephony service. We are not liable for any inability to reach emergency services through or as a result of the Service.

12.4 High-Risk Contexts

The Service is not designed for use in medical diagnosis or treatment, emergency dispatch, aviation, nuclear, industrial control or other safety-critical environments. We disclaim all liability for use of the Service in such contexts.

12.5 Compliance

You are solely responsible for ensuring that your use of the Service, including recording, monitoring, outbound calling, messaging and AI disclosure, complies with all applicable laws in every jurisdiction you call into or from. We do not provide legal advice and do not warrant that any configuration satisfies any particular legal requirement.

13. Limitation of Liability

13.1 Excluded Damages

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 for any loss of profit, revenue, business, opportunity, goodwill, reputation or data, arising out of or related to the Service, whether based on contract, tort, negligence or any other theory, and whether or not we were advised of the possibility of such damages.

13.2 Cap

In no event shall CallShift's aggregate liability for all claims relating to the Service exceed the greater of (a) the total amount paid by you to CallShift in the twelve (12) months immediately preceding the event giving rise to the liability, or (b) one hundred euros (EUR 100) where no such payment has been made.

13.3 Scope

The limitations in this Section 13 apply to CallShift's liability only. They do not limit your payment obligations, your indemnity obligations under Section 14, or your liability for breach of Section 3 or infringement of CallShift's intellectual property.

13.4 Mandatory Exceptions

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law. For customers subject to French law, the limitations in this Section 13 do not apply in the case of (i) bodily injury, (ii) fraud or wilful misconduct ("dol"), or (iii) gross negligence ("faute lourde"), and shall not be construed so as to deprive the essential obligation of the contract of its substance within the meaning of article 1170 of the Code civil.

13.5 Allocation of Risk

You acknowledge that the fees reflect the allocation of risk set out in these Terms and that we would not provide the Service on these fees without these limitations.

14. Indemnification

14.1 By You

You will indemnify, defend and hold harmless CallShift, its affiliates, officers, directors and employees against any claim, damage, liability, regulatory fine, cost or expense (including reasonable legal fees) arising from or relating to (a) your use of the Service, (b) Customer Data, (c) your breach of these Terms or of Annex 1, (d) your violation of any applicable law, including telecommunications, consumer protection, data protection and AI transparency law, or (e) any claim by a call participant, end customer or regulator relating to calls, messages or recordings made through your account.

14.2 By CallShift

We will defend you against any third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes that party's intellectual property rights, and will pay damages finally awarded or amounts we agree in settlement. This obligation does not apply to the extent the claim arises from (a) modifications not made by us, (b) combination with products, data or processes not provided by us, (c) your use in breach of these Terms, (d) Customer Data, or (e) third-party components you selected. If the Service becomes or is likely to become subject to such a claim, we may procure the right to continue use, modify the Service, or terminate the affected Plan with a pro-rata refund. This Section states your exclusive remedy and our entire liability for intellectual property claims, subject to Section 13.

14.3 Procedure

The indemnified party must give prompt written notice of the claim, allow the indemnifying party to control the defence and settlement (provided no settlement admits liability or imposes obligations on the indemnified party without its consent), and provide reasonable cooperation.

15. Confidentiality

Each party may receive non-public information of the other. The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel, affiliates and advisers bound by equivalent obligations, or as required by law after giving reasonable notice where permitted. These obligations continue for three (3) years after termination, and for as long as the information remains a trade secret. Customer Data is your confidential information and is additionally governed by Section 10.

16. Marketing Communications and Customer References

Unless you object in writing, you authorise CallShift to use your name, trade name and logo to identify you as a customer in marketing materials, presentations, case studies and promotional content. This use is based on our legitimate interest in promoting the Service. You may request modification or removal at any time by written notice to contact@callshift.ai, and we will comply within a reasonable timeframe. Any use of your data, metrics or quotes in a public case study requires your separate prior written approval.

17. Changes to these Terms

We may modify these Terms. We will give at least thirty (30) days' prior notice by email or in-app notification of any change that materially and adversely affects your rights or obligations. Such changes take effect at the start of your next Subscription Period following the notice period. If you do not accept a material change, you may terminate your Plan by written notice before the change takes effect, in which case the change will not apply to you and the termination takes effect at the end of your current Subscription Period. Sections 7.4(c) and 7.4(d) apply to any remaining Credit Balance. Non-material changes, including clarifications, corrections and changes required by law or by an upstream provider, take effect on posting. Your continued use of the Service after a change takes effect constitutes acceptance. The current version is always available at https://www.callshift.ai/terms-of-service and each version is dated.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms are governed by French law, without regard to conflict of law principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.

18.2 Amicable Resolution

Before commencing proceedings, the parties will attempt in good faith to resolve any dispute by sending a written description of the claim to the other party's notice address and negotiating for a period of thirty (30) days. This does not prevent either party from seeking urgent interim or protective relief, or from pursuing recovery of undisputed amounts due.

18.3 Jurisdiction

Any dispute arising out of or in connection with these Terms or the Service that is not resolved under Section 18.2 shall be submitted to the exclusive jurisdiction of the Tribunal de commerce de Paris, France, including in the case of multiple defendants, summary proceedings or third-party claims. Proceedings may be conducted in French or, by agreement of the parties and the court, in English.

18.4 Order of Precedence

In the event of conflict, the following order applies, from highest to lowest: (1) a signed Order Form, Master Services Agreement or Specific Terms of Service; (2) the DPA, in relation to processing of personal data; (3) Annex 1; (4) these Terms; (5) the Pricing page and documentation.

19. General

19.1 Force Majeure

Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, fire, war, terrorism, civil unrest, strikes, epidemics, government action, cable cuts, power outages, carrier failures, denial of service attacks and failures of third-party infrastructure or model providers.

19.2 Assignment

You may not assign these Terms without our prior written consent, except to a successor of all or substantially all of your business that is not a competitor of CallShift. We may assign these Terms in connection with a merger, acquisition or sale of assets, on notice to you.

19.3 Severability

If any provision is held invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary and the remaining provisions remain in full force.

19.4 No Waiver

Failure to enforce any provision is not a waiver of that or any other provision.

19.5 Survival

Sections 2.3, 5, 7 (in respect of amounts accrued), 10, 12, 13, 14, 15, 18 and 19, and any provision that by its nature should survive, survive termination.

19.6 Notices

Notices to CallShift must be sent to contact@callshift.ai with a copy to 19 rue Bobillot, 75013 Paris, France. Notices to you are sent to the email address registered on your account, which you must keep current. Notices are deemed received on the next business day after sending.

19.7 Independent Parties

The parties are independent contractors. Nothing creates a partnership, agency, joint venture or employment relationship.

19.8 Entire Agreement

These Terms, together with the DPA, Annex 1, the Pricing page and any Order Form, constitute the entire agreement between the parties in respect of their subject matter and supersede all prior discussions and representations.

19.9 Export and Sanctions

You represent that you are not located in, or ordinarily resident in, a country or territory subject to EU, French, UK or US sanctions, and that you are not a designated party under any applicable sanctions regime. You will not use or permit use of the Service in breach of applicable export control or sanctions laws.

19.10 Language

These Terms are drawn up in English, which is the sole authoritative version. Any translation that CallShift may publish is provided for convenience only and has no contractual effect. The parties expressly agree that English is the language of the contract, without prejudice to the right of the competent court to require a French translation for the purposes of proceedings.

20. Contact Information

If you have any questions about these Terms, please contact us at:

CallShift SAS
19 rue Bobillot, 75013 Paris, FRANCE
General and security reports: contact@callshift.ai
Data protection: dpo@callshift.ai

Annex - Calling, Messaging and AI Voice Compliance

This Annex is incorporated into and forms part of the Terms. Capitalised terms have the meaning given in the Terms. In the event of conflict between this Annex and the body of the Terms in relation to outbound calling, messaging or AI voice disclosure, this Annex controls.

A1.1 Scope

This Annex applies to all use of the Service involving outbound telephone calls, inbound call handling, AI-generated voice communications, automated dialling, SMS and call recording, including batch campaigns, lead qualification, appointment reminders, reactivation, collections, surveys and on-call dispatch.

A1.2 Allocation of Responsibility

CallShift provides technology. You determine who is called, when, why, with what script and with what disclosures. You are solely responsible for compliance with all laws applicable to your campaigns in every jurisdiction you call into or from. CallShift does not obtain consent on your behalf, does not maintain your suppression lists, and makes no representation that any configuration of the Service satisfies any particular legal requirement.

A1.3 AI Act Transparency (EU)

(a) Article 50(1) of Regulation (EU) 2024/1689 has applied since 2 August 2026. Natural persons interacting with an AI system must be informed that they are interacting with an AI system, unless this is obvious from the circumstances and context of use.

(b) You act as the deployer of the AI voice agents you configure. You must configure each agent so that this disclosure is delivered clearly and at the outset of the interaction, in the language of the interaction, and so that the agent confirms its artificial nature if asked at any point during the call.

(c) You must not instruct, prompt or configure an agent to deny being an AI, to claim to be a named human, or to evade a direct question about its nature.

(d) Under Article 4 of the AI Act, you must ensure a sufficient level of AI literacy among the staff operating your agents.

(e) You are responsible for monitoring developments in AI transparency requirements, including Article 50(2) machine-readable marking of synthetic audio, and adjusting your configuration accordingly.

A1.4 France · Commercial Prospecting of Consumers

(a) Prior consent (opt-in). Since 11 August 2026, under article L. 223-1 of the Code de la consommation as amended by law no. 2025-594 of 30 June 2025 and decree no. 2026-662 of 23 July 2026, a professional may not call a consumer for commercial prospecting purposes without that consumer's prior consent. The Bloctel opposition list has been discontinued and is no longer a legal basis for calling.

(b) Quality of consent. Consent must be free, specific, informed, unambiguous, revocable, and result from a clear positive act. It must be obtained before the call.

(c) Burden of proof and retention. You must be able to demonstrate valid consent for every consumer you call, including the date, time, channel, wording presented and time slots accepted, and you must retain that evidence for the period required by law. CallShift does not store consent records on your behalf.

(d) Existing contracts. Calls relating to the performance of a contract in progress and connected to its subject matter are not commercial prospecting and are not subject to the prior consent requirement. You are responsible for correctly classifying each call.

(e) Calling hours and frequency. Prospecting calls to consumers are permitted Monday to Friday excluding public holidays, from 10:00 to 13:00 and from 14:00 to 20:00, local time of the called party, and are limited to four solicitations per person per thirty (30) days, unless another slot has been expressly agreed with the consumer.

(f) Revocation. You must configure your agents to recognise and act on revocation and opt-out requests expressed during a call in any reasonable form, including phrases such as "ne me rappelez plus", "retirez-moi de votre liste" or "stop", to add the number to your suppression list without undue delay, and to cease calling.

(g) You are responsible for determining whether a called party is a consumer or a professional, and for applying the consumer regime in case of doubt.

A1.5 Other Jurisdictions

(a) European Union. You are responsible for compliance with national implementations of the ePrivacy Directive on unsolicited communications, national opt-out or opt-in registers, and national calling hour restrictions in each Member State you call into.

(b) United States. If you call or message US numbers, you are responsible for compliance with the Telephone Consumer Protection Act and FCC rules, including the FCC's position that AI-generated voice constitutes an "artificial or prerecorded voice" requiring prior express consent, or prior express written consent for telemarketing; the FTC Telemarketing Sales Rule; the National Do Not Call Registry, scrubbed at least every thirty-one (31) days; internal suppression lists; state telemarketing laws, including state AI disclosure laws; calling hour restrictions; and the Truth in Caller ID Act. You must retain consent records for no less than five (5) years.

(c) United Kingdom. You are responsible for compliance with the Privacy and Electronic Communications Regulations and the Telephone Preference Service, including the prohibition on automated calling systems without prior consent.

(d) You must not use the Service to call any jurisdiction for which you have not assessed and satisfied applicable law.

A1.6 Recording and Monitoring

(a) You must disclose call recording to participants and obtain any consent required under applicable law before or at the start of the call, including in all-party consent jurisdictions.

(b) Where recording is used for quality monitoring or agent training involving your own employees, you are responsible for the information and consultation of employee representatives and for the notices required by applicable employment and data protection law.

A1.7 Prohibited Call Destinations

You must not use the Service to place automated, AI voice or prerecorded calls to: emergency lines (112, 911, 15, 17, 18, 114 and equivalents); hospital, healthcare facility and emergency service lines; patient rooms in hospitals, care homes and similar facilities; paging services; and any number for which such calls are prohibited by applicable law.

A1.8 Data Minimisation for Campaigns

When uploading contact lists, provide only the data elements necessary for the campaign, for example telephone number, name and appointment time. Do not upload national identification numbers, payment card or bank account data, or health information, except under an arrangement authorised in writing under Section 3.3 of the Terms.

A1.9 Audit

CallShift may audit your use of the Service to verify compliance with this Annex, including by reviewing campaign configuration, call metadata and, where a specific concern is identified, call content. You will provide reasonable cooperation, including evidence of consent, on request.

A1.10 Consequences of Breach

Breach of this Annex is a material breach of the Terms and may result in immediate suspension or termination under Section 11, and triggers your indemnity under Section 14.1.

‍