Terms of sale and use

1. Purpose and scope

These general terms (the “Terms”) govern access to and use of the CallGPT service (the “Service”), published by ASPHERE SAS, SIREN 907 876 957, whose registered office is at 2 bis rue Georges Wodli, 57250 Moyeuvre-Grande, France (“ASphere”), by any legal entity or individual acting for professional purposes (the “Customer”).

The Service makes it possible to create voice agents based on artificial intelligence that receive and make telephone calls on the Customer's behalf, and to view the recordings, transcripts and analyses of those calls. Creating an account constitutes acceptance of the Terms in force.

2. Account

The Customer creates an ASphere account, shared by the services published by ASphere, with an email address and a password, or with their Google account. They provide accurate information and keep it up to date. They are responsible for the confidentiality of their credentials and for the actions carried out from their account, including by the members they invite. They inform ASphere without delay of any unauthorised use.

3. Plans and credits

The plans available at the date of these Terms are:

The up-to-date plans and their content are shown on the Pricing page. The free trial makes it possible to test the Service through test calls that the agent places to the Customer's phone, with no dedicated phone number.

The Service uses credits. A minute of call uses, in credits, with the standard model, 1 for an inbound call and 1.5 for an outbound call; with the “Maximum precision” model, 3.5 and 4; after a transfer to a human, 1 and 1.5. The duration counted is the one billed by the carrier, rounded up to the started minute; any call that is picked up, including by a voicemail, counts for at least one minute. Calls that are unanswered or fail, and those the Service could not handle, use nothing. A call lasts at most 15 minutes outbound and 30 minutes inbound, as does the transferred part of an inbound call. A WhatsApp message, sent to a French mobile only, uses 1 credit, or 2 for a marketing message, and a scanned document page read by text recognition uses 1 credit. Where the real cost of a call to ASphere (carrier and artificial intelligence) exceeds the value of its credits, the call uses at least one credit per 0.075 US dollar of that cost.

Each month of subscription adds the plan's credits to the balance; credits already granted are not withdrawn when the subscription ends. The Customer may buy extra credits, from 100 to 5,000 credits at a time, at the extra-credit price of their plan. The Service works within the limit of the balance: a call in progress stops when the available credits run out, then inbound calls are rejected and no outbound call is placed, until the subscription renews or credits are bought; nothing is billed beyond the balance. The Customer may subscribe to a higher plan at any time.

The allocation of a phone number depends on its availability with the carrier and, in some countries including France, on the supply of supporting documents required by regulation. Numbers are reserved for subscribed Customers, who may reserve more than their plan includes. Each number beyond those of the plan, including those kept after the subscription ends, uses 25 credits per month, debited before its renewal; without enough credits, it is returned to the carrier. The number is also returned when the Customer releases it or closes their account. The numbers offered today are French landline numbers: the Service does not offer self-service mobile numbers or numbers in other countries. Outbound calls are placed only to French landline and mobile numbers, and WhatsApp messages are sent only to French mobiles.

4. Prices and payment

Prices are expressed in euros excluding tax; the applicable VAT, at 20%, is added. The subscription is payable monthly in advance, and extra credits at the time of purchase, by bank card, through the payment provider Stripe. ASphere never has access to the full card data.

In case of payment failure, the subscription is no longer active: it no longer adds credits and the limits of the free trial apply until the situation is regularised, which the Customer does from the customer portal. ASphere may change its prices; any increase is notified to the Customer at least thirty days before it applies, and the Customer may cancel before it takes effect.

Any sum unpaid on its due date automatically entails, from the next day and without prior reminder, late-payment penalties at three times the legal interest rate, together with a fixed indemnity of €40 for recovery costs (Articles L441-10 and D441-5 of the French Commercial Code). A further indemnity may be claimed, on supporting evidence, where the recovery costs incurred exceed that amount.

5. Term and cancellation

The subscription is entered into for a term of one month, tacitly renewed each month. The Customer may cancel it at any time from the customer portal available in the “Offer and billing” section of their dashboard; closing the account also cancels it. Cancellation takes effect at the end of the current monthly period, which has already been paid, with no pro rata refund.

ASphere may suspend or terminate access to the Service, after a formal notice left without effect for eight days, or immediately in the event of a serious breach, in particular unlawful use, non-compliant canvassing, fraud or a threat to the security of the Service.

6. Customer obligations and compliance of calls

The Customer is solely responsible for their use of the Service, for the content of the instructions given to their agents and for the legal compliance of their calls and campaigns. They undertake in particular to:

• comply with the rules on telephone canvassing when calling consumers: authorised days and hours and maximum number of contacts (Decree no. 2022-1313 of 13 October 2022), the ban on canvassing people registered on the Bloctel opt-out list outside an ongoing contract, and, where the law requires it, obtaining the prior consent of the people called;
• import only numbers they are entitled to call, and respect any objection expressed by a person called;
• inform the people they call or who call them of the company's identity, of the recording of calls, of its purpose and of their rights, in accordance with the GDPR;
• not use the Service for fraudulent, misleading or harassing calls, to impersonate a third party, or to replace an emergency service.

The safeguards built into the Service (legal calling hours applied to campaigns, opt-out list, the agent's announcement that it is an AI) help the Customer to comply with these rules but do not release them from them. In particular, the Service does not consult Bloctel on the Customer's behalf. The Customer indemnifies ASphere against any claim resulting from failure to comply with these obligations.

7. Service and availability

ASphere uses reasonable means to ensure access to the Service and its continuity, under an obligation of best efforts. The Service may be interrupted for maintenance or in the event of failure of carriers and technical providers.

The agents rely on artificial intelligence models that may misunderstand a caller or make mistakes, in particular with numbers, dates or names. The Customer checks important information (appointments, orders, contact details) against the recordings and transcripts made available to them.

8. Liability

ASphere's liability can only be engaged in the event of proven fault and is limited to direct damage. It does not cover indirect damage such as loss of revenue, customers or opportunity. In any event, ASphere's total liability is capped at the sums paid by the Customer for the Service during the twelve months preceding the event giving rise to liability.

9. Personal data and subprocessors

For the data of calls handled by its agents, the Customer is the controller and ASphere acts as processor within the meaning of Article 28 of the GDPR. As such, ASphere processes this data only to provide the Service and on the Customer's instructions, guarantees the confidentiality of the people authorised to access it, implements appropriate security measures, helps the Customer respond to requests to exercise rights, informs the Customer of any data breach as soon as possible, and deletes the data at the end of the contract.

The Customer authorises ASphere to use the subprocessors listed in the privacy policy, in particular OpenAI for voice processing and Twilio for telephony, whose processing may take place outside the European Union under appropriate safeguards. Any change to this list is notified to the Customer, who may object by cancelling their subscription.

10. Intellectual property

ASphere remains the owner of the Service, its code and its content. The Customer has a personal, non-exclusive and non-transferable right of use for the duration of the subscription. The Customer remains the owner of their content (instructions, lists, recordings) and authorises ASphere to host and process it in order to provide the Service.

11. Changes to the Terms

ASphere may amend the Terms. The new terms are notified to the Customer at least thirty days before they take effect; if the Customer refuses them, they may cancel their subscription before that date.

12. Governing law and disputes

The Terms are governed by French law. In the event of a dispute, the parties first seek an amicable solution. Failing that, the dispute is brought before the competent courts of the district of ASphere's registered office.

For any question about these terms, write to us through the contact form.