Version 2026-09-26-draft1

CallQA Terms of Service

DRAFT, not legal advice, to be reviewed by counsel. Version: 2026-09-26-draft1. Not in force. Bracketed notes [COUNSEL: ...] are questions for the reviewing lawyer and must be removed before publication. [À COMPLÉTER] marks facts the publisher must supply.

Last updated: [À COMPLÉTER: publication date]

1. Who we are and what these Terms cover

1.1. These Terms of Service (the "Terms") govern access to and use of CallQA, the service available at app.callqa.dev, its API at app.callqa.dev/api/v1, and related documentation (together, the "Service").

1.2. The Service is provided by [À COMPLÉTER: legal entity name, legal form, share capital, registered office address, RCS number and city, VAT number], or, until a company is incorporated, by [À COMPLÉTER: Max Blanchemain, sole trader status and SIRET, if applicable] ("CallQA", "we", "us"). [COUNSEL: confirm the contracting entity. If the publisher is an individual, check whether selling to US businesses under an individual status is acceptable and how liability is exposed.]

1.3. The Service is sold to businesses only. By accepting these Terms, you confirm that you act for a company, organization or professional activity (the "Customer", "you"), and that you have authority to bind it. The Service is not offered to consumers. [COUNSEL: confirm that excluding consumers is sufficient to set aside French and EU consumer law (Code de la consommation), including the withdrawal right, and whether the checkout flow must collect a company name or VAT number to support this.]

1.4. These Terms incorporate by reference: the Acceptable Use Policy (the "AUP"), the Number Attestation signed for each target number, the Data Processing Agreement (the "DPA"), the order or plan selected in the Service, and the public billing documentation. If they conflict, the order of precedence is: a signed order form (if any), the DPA (for personal data only), these Terms, the AUP, the documentation.

2. What the Service does

2.1. CallQA places real, automated outbound telephone calls to phone numbers that you register (the "Target Numbers"). An automated caller that uses synthetic (AI generated) voices follows the test scenarios you define, may navigate menus by sending keypad tones (DTMF), and records what happens during the call.

2.2. For each call, the Service stores a text transcript and call events (the "Trace"), computes scores and pass or fail results with automated language models, and may store the audio recording when the audio option is enabled for your organization (see section 9).

2.3. Automated scores, verdicts and recommendations are produced by statistical models. They may be wrong. They are an aid to your own quality assurance and do not certify that your voice service is compliant, safe or fit for any purpose.

2.4. The Service is a testing tool. It must not be used to contact people who have not agreed to be called, for marketing, for sales, for surveys, or for any purpose other than testing telephone systems that you own or are authorized to test (see section 5 and the AUP).

3. Accounts, organizations and roles

3.1. You need a user account to use the Service. Each user belongs to one or more organizations. You must give accurate information, keep your credentials confidential, and tell us without delay at [À COMPLÉTER: security contact email] if you suspect unauthorized access.

3.2. Roles inside an organization: - Admin: everything, including billing, members, API keys, deletion of the organization and signature of Number Attestations. - Member: creates and edits scenarios and targets, runs tests. - Guest: read only.

[COUNSEL + PRODUCT: the current application also lets a Member sign the Number Attestation. Decide whether signature must be restricted to Admins, see README.]

3.3. You are responsible for everything done under your organization, by your users and by your API keys, including calls placed through the API, from CI pipelines and from schedules.

3.4. The number of seats, countries, concurrent calls and features depends on your plan.

4. Target Numbers: your obligations

This section is essential. CallQA is only lawful and safe if it calls lines that the Customer controls. Breach of this section is a material breach.

4.1. Ownership or written authorization. You may register and call a Target Number only if your organization (a) is the subscriber or assignee of that number, or (b) holds a prior written authorization from the subscriber or assignee to have that number called by an automated system using an artificial or synthetic voice, for testing purposes. You must keep that authorization for the duration of the use and for [COUNSEL: duration, proposed 5 years] afterwards, and produce it within 5 business days if we ask.

4.2. No third parties. You must not call, or cause the Service to call, any number that belongs to a person or organization that has not agreed in writing to receive the calls, including residential lines, personal mobile phones, numbers of competitors, public authorities, or numbers obtained from lists.

4.3. People on the line. If a human may answer a Target Number (a call center, a front desk, a fallback to a human agent), you are responsible for (a) informing those people in advance that automated test calls will be placed and may be recorded and transcribed, (b) obtaining any consent that the law requires for recording and transcription, and (c) any disclosure that an AI system is speaking, where the law requires it.

4.4. Telemarketing, robocall and recording laws. You are solely responsible for complying with all laws that apply to the calls placed at your request, in the country of the Target Number and in the country of your organization. This includes, where applicable: - in the United States, the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the "TCPA"), and the FCC's Declaratory Ruling FCC 24-17 of February 8, 2024, which confirms that AI-generated voices are "artificial" voices under the TCPA, so that calls using them require the called party's prior express consent unless an exemption applies (sources: https://www.law.cornell.edu/uscode/text/47/227 ; https://docs.fcc.gov/public/attachments/FCC-24-17A1.pdf, consulted 2026-09-26), and state laws on automated calls and on call recording; - in France, the rules on telephone canvassing, including décret n° 2022-1313 of 13 October 2022 on permitted days, hours and frequency (source: https://www.economie.gouv.fr/dgccrf/les-fiches-pratiques/renforcement-des-mesures-pour-lutter-contre-le-demarchage-abusif, consulted 2026-09-26), and the rules protecting the privacy of conversations; - data protection law, including the GDPR where it applies.

[COUNSEL: confirm that test calls to the Customer's own professional line are outside the French canvassing rules ("démarchage"), as assumed in docs/research/number-verification.md, and whether the Customer's written authorization satisfies the TCPA "prior express consent" requirement for calls to lines it does not own.]

4.5. Number Attestation. Before any call to a Target Number that has not been verified, an authorized user must sign the Number Attestation for that number. The attestation is a contractual statement made by the Customer. We record its text version, the signer, the date and time, and the IP address.

4.6. Ownership verification. We may require technical proof that you control a Target Number before allowing full use (for example, a code spoken by the line, an inbound call from the line certified by the carrier, or a manual review of documents). Until verified, a Target Number can only be used in a limited sandbox, as described in the number verification documentation. A verification expires and must be renewed. Passing a verification does not replace your obligations in this section 4.

4.7. Blocked destinations. The Service refuses to call emergency numbers, premium rate, shared cost and other special numbers, and countries outside your plan. You must not try to work around these blocks.

4.8. Reassigned numbers. If a Target Number stops being yours (termination of the line, porting, reassignment), you must archive or delete it in the Service immediately and stop all schedules and CI jobs that call it.

4.9. Indemnity. You will defend, indemnify and hold harmless CallQA, its officers and its suppliers from any claim, fine, penalty, damages and reasonable legal fees arising from (a) calls placed at your request, including claims under the TCPA, telemarketing, recording or data protection laws, (b) your breach of this section 4 or of the AUP, (c) the content you put in scenarios and test data. [COUNSEL: check enforceability of a broad indemnity under the chosen governing law, and whether it should be mutual for IP infringement claims against the Service.]

5. Acceptable use

Your use of the Service must comply with the Acceptable Use Policy. We may update the AUP to address new abuse patterns; material changes follow section 17.

6. Plans, quota, free trial and free report

6.1. Plans. Paid plans (at the date of this draft: Starter, Growth, Scale, and custom plans billed manually) include a monthly quota of test call units, a number of seats, countries and concurrent calls, and features, as displayed in the Service at the time of purchase. Prices are in US dollars and exclude taxes. [COUNSEL: VAT treatment for B2B sales from France to US and EU customers (reverse charge), and US sales tax exposure.]

6.2. Units. Quota is counted in units, whose calculation (call duration slices and destination weights) is described in the billing documentation as in force when the call is placed.

6.3. Monthly and annual billing. Subscriptions renew automatically for the same period (month or year) until canceled. You can cancel at any time in the billing portal; cancellation takes effect at the end of the current period. Unused quota does not roll over to the next month and is not refunded.

6.4. Free report. The "free report" plan grants a one-time allowance of test calls (50 at the date of this draft) without payment, by invitation only. It is provided "as is", may be withdrawn at any time, and is subject to all other obligations of these Terms, in particular section 4. The "free trial" (a one-time allowance of test calls, 10 at the date of this draft, without payment, given to the first organization a person creates), referral bonuses and other one-time grants follow the same rules.

6.5. Fair use limits. Each plan has technical limits (concurrency, maximum call duration, calls per hour and per number, spend cap). They protect the network and third parties and are part of the Service.

7. Prepaid wallet

7.1. Calls beyond your monthly quota are paid in advance from a prepaid balance held in your organization (the "Wallet"). CallQA never places a call on credit: if neither your quota, your bonus calls nor your Wallet can cover the maximum cost of a call, the call is not placed.

7.2. You top up the Wallet by card through our payment provider. Amounts are credited only once the payment provider confirms the payment. Top-up limits are displayed in the Service (at the date of this draft, from USD 20 to USD 5,000 per top-up).

7.3. Before each call we reserve its maximum possible cost; after the call we charge the actual cost and release the rest. Every movement is recorded in a ledger that you can consult.

7.4. The Wallet balance is a prepayment for CallQA services only. It is not a deposit, bears no interest, cannot be transferred to another organization or converted to cash, and can only be used to pay for calls in the Service, except for the refunds of section 8.2. [COUNSEL: confirm that the Wallet falls under the "limited network" exclusion of payment services and e-money regulation (Directive (EU) 2015/2366 art. 3(k); Code monétaire et financier art. L521-3 and L525-5), given that it is only usable with CallQA.]

7.5. Expiry. [OPTION A, recommended: the balance does not expire while the organization has an account.] [OPTION B: each top-up expires 12 months after the date it was credited.] [COUNSEL: choose; check US state unclaimed property rules if Option B.]

8. Payment, refunds and taxes

8.1. Subscriptions are charged in advance at the start of each period by our payment provider. By subscribing, you authorize recurring charges to the payment method on file.

8.2. Refunds. Except where the law requires otherwise or as stated below, fees and Wallet top-ups are non-refundable. - If we terminate your account without cause, or you terminate for our uncured material breach, we refund the prorated unused part of a prepaid annual subscription and the unused Wallet balance. - If we terminate for your breach (in particular of section 4 or the AUP), no refund is due, and we may retain the Wallet balance up to the amount of costs, fines or claims caused by the breach. [COUNSEL: validate this retention mechanism; it may qualify as a penalty clause (clause pénale) under French law, Code civil art. 1231-5.] - If your subscription ends (you cancel it, or it is canceled after failed payments as described in section 8.3) or you close your account, the unused Wallet balance is refunded on request to the payment method used for the top-ups. Ask from the account email of an admin of the organization. [COUNSEL: decided by CallQA on 2026-10-09 (refund on request, former Option A). Confirm whether non-recoverable payment fees may be deducted and whether a time limit for the request is needed.] - A call that ends in an error on our side, or is never dialed, releases its reservation and is not charged.

8.3. Failed payment. If a subscription renewal payment fails, our payment provider notifies you by email at each failed attempt and retries the payment several times over up to about two weeks. During these retries your plan keeps working (calls, API and dashboard) and the Service shows the date by which the payment method must be updated. If the last retry fails, the subscription is canceled: the plan ends and calls are no longer placed until you subscribe again. Section 8.2 applies to the unused Wallet balance.

8.4. Taxes. Prices exclude taxes. You pay any applicable sales, use, value added or withholding tax, except taxes on our income.

8.5. Disputes on charges. Contact [À COMPLÉTER: billing email] within 60 days of a charge before opening a chargeback with your bank.

9. Recordings, transcripts and your data

9.1. Customer Data means the content you or your users submit (scenarios, personas, test data, target descriptions) and the content the Service produces from your calls (Traces, transcripts, audio recordings, scores). You keep all rights in Customer Data. You grant us a worldwide, non-exclusive license to host, copy, process and transmit Customer Data only to provide, secure and support the Service and as described in the DPA.

9.2. Audio. Audio recording is an option that the Customer enables for its organization. [PRODUCT: default proposed as off, see README.] When enabled, you confirm that section 4.3 is satisfied for every Target Number.

9.3. Test data. Scenarios and test data must contain only fictitious or test values (for example, payment card numbers issued for testing by payment providers). You must not inject real payment card data, real health data, real government identifiers, or real credentials. See the AUP.

9.4. Retention. We keep Customer Data for the retention periods stated in the Privacy Policy and the DPA, which depend on your plan. You can delete calls, targets and scenarios before that time. At the end of the contract, section 15.4 applies.

9.5. Personal data. For personal data contained in Customer Data, we act as your processor under the DPA. For account, billing, security and abuse prevention data, we act as controller as described in the Privacy Policy.

9.6. Usage data. We may use aggregated and de-identified data about the use and performance of the Service (for example latency statistics, error rates, cost per call) to operate and improve it. It never identifies you, your users or the people on your lines. We do not use Customer Data to train machine learning models. [PRODUCT: confirm this commitment; it must also be true of every AI subprocessor, see DPA Annex 3.]

10. Suspension

10.1. We may suspend, without prior notice, a Target Number, a schedule, an API key or the whole organization, if we reasonably believe that: - a call may reach a person or organization that has not agreed to it; - the Service is being used in breach of section 4 or the AUP; - there is a signal of abuse (for example, complaints from called parties, a high rate of unanswered or immediately hung up calls, repeated failed verifications, many distinct numbers called by a new organization); - a carrier, a regulator or a law enforcement authority requires it; - a payment is overdue; - your use threatens the security or availability of the Service or of our suppliers' networks.

10.2. We will tell the organization's admins why, unless the law or an authority prevents it, and restore access once the cause is resolved. Suspension does not stop subscription billing for the current period if the suspension results from your breach.

10.3. A global emergency stop of all outbound calls may be triggered at any time for safety reasons. It is not a breach of these Terms.

11. API

11.1. API keys are secret. Each key is tied to an organization and to scopes. You are responsible for keeping keys confidential, for rotating them, and for all requests made with them.

11.2. You must respect the rate limits and must not use the API to bypass limits of the web application, the sandbox, verification or blocking rules.

11.3. We version the API and announce breaking changes and deprecations as described in the versioning documentation. We may change or remove an API version after the deprecation period stated there, or immediately if required for security or legal reasons.

11.4. Webhooks are sent to URLs you configure. You are responsible for securing the receiving endpoint and for verifying signatures.

12. Our obligations, availability and support

12.1. We will provide the Service with reasonable skill and care, consistent with generally accepted industry practice.

12.2. We do not guarantee that every call will connect, that telephone networks, carriers or AI providers will be available, or that the Service will be uninterrupted. No service level commitment applies unless a signed order form provides one.

12.3. We rely on third-party providers (telecommunications, AI models, payment, email, hosting). Their list is in Annex 3 of the DPA.

13. Intellectual property and feedback

13.1. We and our licensors own the Service, its software, its scoring methods and its documentation. These Terms give you a limited, non-exclusive, non-transferable right to use the Service during your subscription.

13.2. You may give us feedback. We may use it without obligation to you.

13.3. You must not copy, resell, reverse engineer (except to the extent allowed by law) or build a competing service from the Service.

14. Warranties and limitation of liability

14.1. Except as expressly stated in these Terms, the Service is provided "as is" and "as available". To the extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

14.2. Cap. To the extent permitted by law, our total liability arising out of or relating to these Terms, in any 12 month period, is limited to the amounts you paid us for the Service during the 12 months before the event giving rise to liability (Wallet top-ups included).

14.3. Excluded damages. To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, business, goodwill or data, even if advised of their possibility.

14.4. Exceptions. The cap and exclusions do not apply to (a) your payment obligations, (b) your obligations under section 4 (Target Numbers) and the indemnity in section 4.9, (c) a party's gross negligence, willful misconduct or fraud, (d) liability that cannot be limited by law. [COUNSEL: under French law, clauses limiting liability are set aside for gross negligence (faute lourde) or willful misconduct (dol), and a clause that deprives an essential obligation of its substance is deemed unwritten (Code civil art. 1170). Check the cap against those rules and the US state law if Option B is chosen.]

15. Term and termination

15.1. These Terms apply from your acceptance until the closure of your organization.

15.2. By you. You can cancel your subscription at any time, effective at the end of the current period, and close your organization in the Service or by writing to support.

15.3. By us. We may terminate (a) for convenience with 30 days' notice, (b) immediately for material breach, in particular of section 4 or the AUP, or for repeated abuse signals, (c) immediately if required by a carrier, a regulator or the law.

15.4. Effects. On termination, calls stop, API keys are revoked and schedules are disabled. You can export your data for 30 days after termination (except termination for abuse, where export may be restricted to preserve evidence). After that period we delete Customer Data as stated in the DPA, except the records we must keep (attestations, verification proofs, audit log, abuse records, invoices), for the periods stated in the Privacy Policy.

15.5. Sections 4.9, 8, 9.1, 13, 14, 15.4, 16 and any accrued payment obligation survive termination.

16. Governing law and disputes

[COUNSEL: choose one option. The publisher is based in France; most customers are in the United States.]

[OPTION A: French law] These Terms are governed by French law, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods. Any dispute that the parties cannot settle amicably within 30 days will be submitted to the exclusive jurisdiction of the competent courts of [À COMPLÉTER: Paris], including in case of multiple defendants or third-party claims. [COUNSEL: confirm the competent court name for commercial disputes in the chosen city at the date of publication.]

[OPTION B: US law with arbitration] These Terms are governed by the laws of the State of [À COMPLÉTER: Delaware or New York], without regard to its conflict of law rules. Any dispute will be finally settled by binding arbitration administered by [À COMPLÉTER: institution] under its commercial rules, seated in [À COMPLÉTER: city], in English, by one arbitrator. Either party may seek injunctive relief in any competent court. [COUNSEL: with a French publisher, check the cost of defending in the US and the enforceability of a US award against a French entity (New York Convention of 1958).]

17. Changes to these Terms

We may update these Terms. We will notify admins by email and in the Service at least 30 days before a material change takes effect, except changes required by law or to fight abuse, which may apply immediately. If you do not accept a material change, you may close your organization before it takes effect and receive the refund described in section 8.2 for termination without cause. Each version is dated and archived.

18. Miscellaneous

18.1. Notices. We send notices to the email of the organization's admins. You send notices to [À COMPLÉTER: legal email and postal address].

18.2. Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or a successor of our business.

18.3. Force majeure. Neither party is liable for failure caused by events beyond its reasonable control, including outages of carriers or AI providers, except payment obligations.

18.4. Export and sanctions. You represent that you are not located in, or controlled by a person in, a country or list subject to EU, French or US sanctions, and that you will not use the Service to call such countries.

18.5. Entire agreement, severability, waiver. These Terms and the documents in section 1.4 are the entire agreement on their subject. If a provision is unenforceable, the rest stays in force. Not enforcing a provision is not a waiver.

18.6. Language. These Terms are written in English. [COUNSEL: check whether a French version is required when the Customer is French, and which version prevails.]

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